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Construction Board of Adjustment Minutes - 02/26/2001RECEIVED IN CITY CLERK'S OFFICE Date 04 -0q-0( By Time Construction Board of Appeal February 26, 2001 Members: Randall Poteet ❑ Chairman Brian Walser ❑ John Ferguson ❑ Bill Rowland ❑ Louis Lane ❑ Phil Ringman ❑ Jackie Lebow ❑ Harris Pink ❑ Alternate David Rhone ❑ Alternate Harold Hawkins, Council Liaison ❑ Rich Shirey ❑ Staff I. Call to Order Chairman Poteet called the February meeting to order at 1:32 p.m. II. Appeal — Michael Lavender /Jabeau Roofing Mr. Shirey stated that he suspended Mr. Michael Lavender's roofing license in a letter dated December 4, 2000 for a period of three months. He further commented that if he proceeded working during the suspension time, further action would be taken. On December 4th, his license was suspended for one year due to work being performed during the suspension period. To questioning, Mr. Shirey responded that prior to the suspension, Mr. Lavender had 12 violations within five months causing him to pay double the permitting fees. During the suspension period, Mr. Shirey stated that Mr. Lavender was found working at 4517 Ingleside which caused the extension of the suspension period. Mr. Michael Curtis, legal representative for Mr. Lavender, stated that prior to the suspension period, inspections were not being performed on Mr. Lavender's roofs. Prior to December 4th, 85 jobs were previously contracted and permitted and those were being worked on during the suspension period. Mr. Curtis commented that the one year suspension would deprive Mr. Lavender of his livelihood. Construction Board of Appeals Page 1 Mr. Curtis explained that Jabeau was doing warranty work at the Ingleside address which had a ten year warranty from work completed six years previously. Mr. Lavender stated he has worked in numerous locations and never had a roof red - tagged. He stated that he repeatedly called for inspections and none were done. Mr. Shirey explained that there has been a problem with timely inspections because of the large number of damaged roofs resulting from hail storms. He then stated that the suspension of Mr. Lavender's license for a year was to influence him that not acquiring a permit would not be tolerated. Mr. Shirey noted that the contractor must call for an inspection; it is not automatically generated by pulling a permit. He then stated that he would be agreeable to lessening the suspension if Mr. Lavender would consent to pulling permits and calling to arrange inspections when jobs are completed. Mr. Lavender agreed to support Mr. Shirey but he wanted to make sure all contractors are treated equally. He stated that he owned the longest wholly owned roofing business in the city; others have been sold or closed down then reopened. Mr. Shirey reported that, along with hiring a new inspector, a new procedure has been established to inspect the deck then perform a final inspection of the roof. He repeated that inspections must be called in. He stated he that supported the decking inspections but allowances should be considered for inclement weather. The procedures for requesting inspections were discussed. Mr. Ringman asked if any inspections have not been done since Mr. Shirey began his employment with the City. Mr. Lavender stated there was one in Tanglewood but he could not remember the address. Chairman Poteet asked Mr. Shirey if he would be agreeable to reducing the 12 month suspension to three months. Mr. Shirey replied he would if there was an understanding that, should a permit not be pulled then within a 12 month period, the suspension would go back into effect without the possibility of an appeal process. Mr. Shirey informed the Board that the three -month suspension would be over on March 11tH Mr. Kinley Hegglund, Assistant City Attorney, stated that there are five different offenses that have been charged against Mr. Lavender and no plea has been entered. The trial date is scheduled for March. Mr. Curtis stated that he has postponed the response date until February 24 and is collaborating with Mr. Hegglund regarding the fines. To questioning regarding the rescinding of the suspended license, Mr. Shirey responded that was action the Board should take. Mr. Hegglund recommended that the license remain suspended until the criminal charges and fines are resolved. He suggested a nine -month probation period in which if permits were not pulled, Mr. Lavender license would be revoked. Mr. Curtis stated that Mr. Lavender would be paying twice for the same offense if the probation period was instated. Mr. Hegglund reminded Mr. Curtis that Mr. Lavender did break the law and the nine -month probation would be an incentive to pull permits. When asked about the fees, Mr. Lavender responded that 4517 Lindale was the only job he was not charged a double fee. Mr. Shirey explained that the double permit fee was established from a SBCCI code and the Construction Board of Appeals Page 2 fines are regulated by City ordinance. Mr. Curtis stated there was not a linking between the proceedings of this Board and the Municipal Courthouse. He stated that the fines would be paid. Mr. Hegglund stated that in March either the fines would be paid or a trial date would be set. Due to the fact that there were prior violations, the fines were not negotiable. Mr. Walser made a motion to reinstate Mr. Lavender's license on March 11, 2001 and maintain probation for a nine (9) month period. Mr. Rowland seconded the motion. The motion was approved with a unanimous vote in favor. III. Other Business Littlest Skvscraper: Mr. Shirey stated the new owners of the Littlest Skyscraper are requesting to use the same floor plan /layout originally intended for this building which would include four stories with a single exit. The current building code does not permit one exit in commercial buildings over two stories high. Mr. Dick Bundy, representative of the owner, stated he was trying to get the building on the National Register for it to be self - sustaining. He continued with history about the building being stabilized in 1983, then the exterior partially restored in 1986 when the City owned it. He is requesting a waiver for the second exit requirement. The occupancy rate for both net and gross square footage is around eight people for the building. Discussion occurred regarding the open staircase. Mr. Shirey stated his concerns were the one exit and the open stairway which could provide a chimney effect. He stressed life safety and the City's liability should be considered when making this decision. Early fire warning systems and fire suppression systems were discussed as well as the consequences of the open stairwell. Mr. Shirey suggested working around the rest room requirements but concentrating on the safety and fire issues. Mr. Rowland made a motion to grant the waiver for a second exit if fire sprinkler and smoke alarm systems were installed. Mr. Ferguson seconded the motion. The waiver passed with a unanimous vote in favor. Permitting Minor Roofing Jobs: Mr. Lebow presented a letter from Earl Potts, former Building Official, dated 1985 stating that repairs on less that one fourth of the roof would not require permitting. Mr. Merriman requested clarification of this policy. Mr. Shirey explained that unless the policy was stated in an ordinance (Code of Ordinances) or adopted by SBCCI, he would not enforce it. He stated that his research on this topic indicates when contracting is performed for the public, regardless of the size of the job, a permit must be pulled. He noted that the ordinance could be changed Construction Board of Appeals Page 3 to allow a certain percentage of work to be done without a permit but until that time he will enforce the current ordinance. He urged the Board to consider all the ramifications, such as liability, non - licensed contractors, etc. It was mentioned by a Board member that permitting actually deters bootlegging. A committee to review the permitting policy was formed with the Board appointing Mr. Nick Merriman, Mr. Richard Koetter, Mr. Harris Pink, Mr. Louis Lane, and Mr. John Ferguson as members. IV. Further Review of License Ordinance Mr. Shirey stated that City Council had concerns about property owners not being able to pull permits on houses other than their legitimate residences, such as rental property, unless they were licensed and bonded contractors. He stated the only leniency is that the property owner can perform work as long as a permit is not required, such as cosmetic repairs. The requirement for a contractor's license will prevent someone from building a house, living in it for a short period of time, selling it, and repeating this procedure. In this case, permanent residences can be changed only once every two years. Different scenarios were discussed and the Board agreed that the ordinance was fair and should not be changed. Creating a Handyman's License or Remodeling License was discussed. Mr. Shirey stated he would bring it back to this Board at the next meeting as Old Business in case anyone felt there should be more discussion. V. Testing for Licensed Contractor Mr. Shirey stated there are currently no requirements to obtain a contractor's license except to be bonded and have proof of liability insurance. He recommended the implementation of a contractor's examination, one each for commercial and residential. Again, the Handyman's License was mentioned to cover a broad scope of work, such as sign installation, painting, paving, house moving, demolitions, etc. Currently, the license is issued to the person but someone else can perform work under that license. When asked if there would be separate tests for the different fields, Mr. Shirey replied only two tests would be required. He recommended "grandfathering" the current contractors. Mr. Pink offered to provide a copy of Arkansas and Kansas' state tests specifically designed for roofing. Mr. Lebow agreed with two tests to cover all phases of permitting /construction. Councilor Hawkins suggested the residential license should include some minor repairs or construction for commercial business. Mr. Shirey also suggested having separate categories for residential and commercial remodeling. Councilor Hawkins inquired if the sign contractors, siding contractors, street pavers, house movers, irrigators, and demolition contractors were required to have only licenses and not surety bonds. Irrigators were discussed in detailed as well as contractors that Construction Board of Appeals Page 4 were required to be bonded by the state, such as plumbers, mechanical, and HVAC, but not by the City. Mr. Shirey stated he would rework the ordinance to include the testing and general handyman's license, without a bond and general liability insurance. It was suggested to Mr. Shirey that the roofing inspectors also survey any plumbing pipes or flues that might have been altered or damaged during the installation of new roofs. Mr. Shirey suggested that another committee be set up to review the International Code to consist of two Home Builder Association members, two CSI members, two architects, and two from this Board. Within that committee, he also suggested that smaller groups branch off to discuss the different sections. VI. Adjourn The Board adjourned at 4:00 p.m. Construction Board of Appeals Page 5