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HomeMy WebLinkAboutMINUTES Estes Park Board of Appeals 2015-01-08RECORD OF PROCEEDINGS Estes Park Board of Appeals 1 January 8, 2015 Board Room, Estes Park Town Hall Commission: Brad Klein, John Spooner, Joe Calvin, Don Darling, Tony Schiaffo Attending: Members Klein, Spooner, Calvin, Darling, and Schiaffo Also Attending: Chief Building Official Will Birchfield, Building Inspector Claude Traufield, Permit Technician Charlie Phillips, Recording Secretary Karen Thompson, Larimer County Building Official Eric Fried Absent: None The following minutes reflect the order of the agenda and not necessarily the chronological sequence. CBO Birchfield opened the meeting and explained the different codes that make up the set of International Building Codes: International Building Code, International Residential Code, International Existing Building Code, International Plumbing Code, International Mechanical Code, International Fuel Gas Code, International Energy Conservation Code, International Existing Building Code, and the International Property Maintenance Code. There are books available for checkout from the Division of Building Safety office. There will also eventually be a reference set at the Estes Valley Public Library. This set will not be available for checkout. CBO Birchfield realizes the adopted local amendments are not on the Town website. There was a question as to whether we had the correct version posted, so they were removed. Please contact the Division of Building Safety if you need a copy of these amendments. CBO Birchfield stated along with revised building codes, a book is published outlining the significant changes from the last revision. He will be studying these books carefully. He stated the Town Board of Trustees have the authority to make changes to the codes. Citizens will have the opportunity to suggest and discuss changes to consider. In addition to many pubic stakeholder meetings, there will be at least one public Town Board hearing where the public can speak out for or against the proposed local amendments. The elected officials need to be able to make informed decisions, and public input during this process is very important. CBO Birchfield stated he is proposing to move from the currently adopted 2009 building codes to the 2015 codes, skipping the 2012 codes. Code adoption is a very time-intensive and expensive project, usually taking about one year from start to finish. Larimer County is proceeding to adopt the 2015 codes, so it would make sense for the Town to align with the County and do the same. Member Spooner stated he was interested in having the Board of Appeals hear from staff the issues that keep coming up with the builders concerning the current codes and amendments. CBO Birchfield stated there will be ample time to discuss all the issues, and it will be very important to do so in order for everyone to have a clear understanding of what is being adopted. Inspector Traufield expressed his willingness to address some of the issues that frequently arise. Policies and procedures will also be open for discussion. They are created to help the office run smoothly, and need to be put into practice for a while to determine if there are any unintended consequences. Legal Responsibilities for Board Members Town Attorney Greg White was in attendance to review the legal and procedural issues that may arise with Board members. Each Board member had information in their meeting packet explaining details on the following subjects: Conflict of Interest, Open Meeting Law and Open Records Requests, Amendment 41 (gifts), Quasi-Judicial Hearings, and Ex-Parte Communications. Attorney White explained each of the documents in details. These documents can be viewed by calling Karen in the Community Development Department at 970-577-3721. Board of Appeals Bylaws Attorney White stated the proposed bylaws need to be reviewed before the next meeting. Member Spooner stated there was confusion about what was needed in order for a motion to pass. CBO Birchfield stated one of the major topics of discussion with the Board would be local amendments to the bylaws, which outline the provisions for the appeals process. CBO Birchfield proposed adopting the appeals process into the local amendments for the Building Code, then reference it in all other RECORD OF PROCEEDINGS Estes Park Board of Appeals 2 January 8, 2015 Board Room, Estes Park Town Hall codes. By adopting one appeals process for all codes, consistency is maintained, which is important. Member Spooner questioned the process where fractions are used (2/3 vote required to pass, etc). He suggested using whole numbers to determine a quorum, majority vote, etc. Attorney White stated he would recommend amending the building codes to have a quorum of three. Larimer County Building Official Eric Fried stated the county was hoping to have the 2015 codes and local amendments adopted before the end of 2015, to be effective January 1, 2016. He will be in communication with CBO Birchfield and the Board concerning local amendments for the county, and would hope there can be some consistency between the two jurisdiction’s local amendments. Election of Officers Secretary Thompson stated the election of officers would occur at the next meeting. Future Meeting Schedule After discussion among the Board, it was tentatively decide to meeting on the first Thursday of each month. The next regularly scheduled meeting will be Thursday, February 5, 2015, at 4 p.m., and ending no later than 6 p.m. 2015 International Building Code CBO Birchfield stated one of the first things presented to the Town Board would be a proposal to adjust the building permit fees schedules. The Town is using the fee schedule from the 1997 Uniform Building Code, and it is time to update it to align with current valuations. Current fees are based on actual costs for remodels and renovations, so if the valuation for new construction is inaccurate, the remodel fees are disproportionate if based on square footage. CBO Birchfield stated staff would be looking at square foot costs for spec. homes, custom homes, log homes, and commercial structures. The fee schedule should be adjusted to ensure fees are equitable for all involved. CBO Birchfield stated he would also like the Board to consider a unit fee for some of the miscellaneous over-the- counter permits (water heaters, furnaces, etc.) Additional fees could be assessed for those contractors who habitually do not pass final inspections. He would also appreciate feedback from stakeholders on the Contractor Licensing program to learn what is and what is not working. The program has proved valuable to the department. CBO Birchfield stated staff will do legwork for the significant changes and bring them to the Board for review. The Board will discuss and make recommendations to the Town Board for approval or disapproval. During the Board discussions, the public will have the opportunity to provide input concerning any proposed changes, and could also make suggestions for other discussion topics. CBO Birchfield stated that when he refers to “staff”, it includes the entire Community Development Department. He stated in addition to being the Chief Building Official, he is also the Town Floodplain Manager. Regular Board of Appeals meetings will be held until the adoption of the 2015 Codes and Local Amendments. After that, the Board would only meet if there is an appeal application submitted. Before distributing the appeal information, CBO Birchfield would make sure the language is clear as to what the applicant was appealing. CBO Birchfield distributed an example of a proposed 2009 local amendment to familiarize the Board with the formatting. He stated not every significant issue in the code books will be significant to the Town of Estes Park. Some changes will be as simple as completing a required form. He briefly discussed Section 113 of the IBC, the Right to Appeal, touching on the timeline for the appeal request, hearing schedule, legal notices, etc. The Board would render a decision to the appellant. Following that decision, the appellant and/or the Town has the right to appeal the Board of Appeals decision to a higher court. CBO Birchfield explained the appendices are not automatically a part of the code unless specifically adopted. The adoption of the 2009 local amendments included Appendix B, which includes the Board of Appeals. He suggested the Board study each code’s appeals section to determine what language they want to use for the Estes Park local amendment. Secretary Thompson will send the appeals sections from each code to the Board for review. RECORD OF PROCEEDINGS Estes Park Board of Appeals 3 January 8, 2015 Board Room, Estes Park Town Hall CBO Birchfield stated once adopted, the Board does not have the right to waive the requirements of the code. The CBO also does not have that right. The elected officials, Board of Appeals, and staff are required to comply with it, unless the elected officials revise or repeal it. CBO Birchfield stated the next meeting would include information on fees and possibly the Property Maintenance Code. He would be polling the Board for feedback on how involved they want to be with code adoption, as this Board has not been involved with that process thus far. He stated the Board would be charting new territory, and he wanted to make sure they were up for the challenge. As for the stakeholder meetings, he stated different groups would be targeted for discussions on particular codes, but all meetings would be open to the public. The Board members would be included in all communications. Staff is in the process of compiling stakeholder email distribution lists of specific areas of expertise. Joe Coop asked for CBO Birchfield’s opinion on why the Town was considering adopting the International Property Maintenance Code (IPMC). CBO Birchfield responded by stating the current regulations require a building to become imminently dangerous before he would have the authority to act. If the IPMC was adopted, he would not have to wait until it was a crisis. The building code talks about how to build buildings, and does not require them to be maintained. The IPMC does not let a dangerous situation become a crisis, by allowing the CBO to act before it becomes imminent. Local amendments could address the issue of the right to inspect private homes. CBO Birchfield ‘s opinion is property owners are required to maintain buildings to the code they were built to, unless it’s unsafe. The final word will be up to the elected officials. CBO Fried stated Larimer County discussed adopting, but decided against it. Instead, the County adopted the 1991 Uniform Code for the Abatement of Dangerous Buildings. Member Spooner stated there may be some conflicts in the IPMC with planning (external design, yard maintenance, etc.) and the Fire Code that would need to be reviewed and aligned with other codes. CBO Birchfield stated all items would be on the table for discussion. Theresa White asked if the Town was a member of the International Council for Local Environmental Initiatives (ICLEI). She stated the ICC was a subgroup of ICLEI. ICLEI was established to enforce the United Nations Agenda #21 treaty that Congress did not ratify, instead giving authority to local governments. She was concerned about the involvement of ICLEI in Estes Park. Member Calvin inquired about the signature page on the Rules and Responsibilities page. Secretary Thompson stated if the members agreed with the document, they were to sign it and return it to her at the next meeting. The original would remain in their notebooks. CBO Birchfield stated the Town has agreed to pay for each Board member to attend one day of the Colorado Educational Institute in March. This conference is one of the best in the nation for ICC training. If you’re able to attend, please give your registration information to Secretary Thompson and she will make the reservations. There being no further business, the meeting was adjourned at 5:30 p.m. ___________________________________ Karen Thompson, Recording Secretary