Loading...
HomeMy WebLinkAboutMinutes Construction Trade Advisory & Appeals Board - 03/04/2021MINUTES – REGULAR MEETING Construction Trade Advisory & Appeal Board City of Corpus Christi Via WebEx Vide Conference at 9:00 AM Thursday, March 4, 2021 I. CALL TO ORDER - ROLL CALL Roll call took place and a quorum was established with no absences. II. PUBLIC COMMENT – A call-in request was made by Carrie Robertson Meyer. She also submitted her public comment in writing (attached). III. APPROVAL OF ABSENCES: None. IV. DISCUSSION AND POSSIBLE ACTION REGARDING NOMINATIONS FOR CHAIRMAN/VICE CHAIRMAN APPOINTMENTS A motion to nominate Gary Camp for Vice Chairman was made by Mr. Munoz and it was seconded by Mr. Wanzer. The motion passed. A motion to nominate Ramiro Munoz for Chairman was made by Vice Chairman Camp and it was seconded by Mr. Cervantes. The motion passed. V. APPROVAL OF MINUTES: January 21, 2021 A motion to approve the minutes listed above was made by Vice Chairman Camp and it was seconded by Mr. Merdes. The motion passed. VI. APPEALS - DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING: 1. No. R102567 - Request for variance related to minimum elevation requirements (freeboard) for a new construction single-family residence at 15305 East Chesapeake, Corpus Christi, Texas by Clint Tucker Homes, LLC per the Corpus Christi floodplain regulations. Yvette Dodd-Wallace, Development Services, presented item “1” for the record. She gave a summary of statements from Staff’s report. The finished construction top of bottom floor and garage are non-compliant for the adopted freeboard requirement. The minimum freeboard requirement is 12 (Code of Ordinances, Chapter 14, Article V, Flood Hazard Prevention Code, Sec 14-552 (1). The finished floor of the subject property, pre-construction, is at 12.5 and post-construction it is at 11.6. The applicant is seeking relief from this requirement to avoid elevating/demolishing the newly constructed home. Staff recommends disapproval of the variance for the City adopted 1’ freeboard requirement. As outlined in Staff’s report, Ms. Dodd-Wallace clarified that the City has Effective and Preliminary FIRM’s adopted for construction purposes; the City adheres to whichever is most stringent. Although the subject case may meet the intent of the International Building Code as written, this is a variance request from the City’s adopted Flood Hazard Prevention Code ordinance which falls under the per view of this Board. Ms. Dodd-Wallace stated this was the applicants first new home construction after the City adopted the freeboard requirement (adopted April 16, 2019) and he was using prior standards for base flood elevation. It was clarified by Staff that the applicant has not applied for a variance in the past for this same issue. Mr. Merdes raised concern regarding precedent for this case and if granting a variance would lead to an increase in non- compliant structures. Ms. Dodd-Wallace stated the FEMA maps are in preliminary status and will not be adopted for approximately another year, but Staff chose to adopt these standards for new construction so homeowners would not be burdened with an increase in flood insurance down the road. The preliminary maps have been labeled as “final” and will not change at this point. The City is unique in that we are one of a few jurisdictions to adopt the preliminary FIRM. Chairman Munoz stated contractors may be getting confused between effective and preliminary standards but felt they are meeting the intent of the Effective FIRM requirements. Mr. Merdes inquired if the City’s adopted requirements are clearly stated and made available to educate applicants/construction community. Discussion took place regarding FEMA’s Elevation Certificate form. Chairman Munoz stated the form does not allow for a section to specify preliminary information. Ms. Dodd-Wallace stated Staff recommends the information be specified in either “Section B” or the “Comment” section of the form. Development Services does not modify the federal form. She stated it appears the Engineer of record that prepared the certificate for the subject property chose to add-in “Preliminary” to section “B4” of the form. Staff does not prepare these forms but merely reviews them. If in the views of the Board that it is recommended to revise the form, then that would need to be presented to FEMA. BOARD MEMBERS: Ramiro Munoz, III, Chairman Garry Camp – Vice Chairman Paul S. Cervantes Jared Merdes Mike Wanzer Ron Brister Jose Jimenz STAFF: Luke Fry, Deputy Building Official Catherine Garza, Agenda Coordinator Mr. Merdes felt that the certificate provided by the professional engineer of record gave information that clearly stated their understanding of which standard to abide by. He felt that it is not an issue of clarity but rather non-compliance and Mr. Wanzer concurred. Mr. Merdes felt that the responsibility of the Board is to protect the welfare of the public - the person who will eventually own the subject home and tax dollars. Chairman Munoz felt that if this case would happen to go to an appeals court, it would rule in favor of the contractor (substantial performance doctrine). It was clarified that the structure is built in compliance with FEMA’s adopted minimum standards. Vice Chairman Camp suggested a procedural requirement for Form Board Surveys which could help with this issue and Mr. Brister concurred. Ms. Dodd-Wallace stated this is currently a topic of discussion among Staff and stakeholders. With no further discussion, Chairman Munoz opened the public hearing for this item. There being none, the public hearing was closed. A motion was made by Mr. Wanzer to deny the variance request and it was seconded by Mr. Merdes. The motion did not pass with Mr. Merdes, Mr. Wanzer and Mr. Cervantes voting “aye”. A motion was made by Vice Chairman Camp to approve the variance request and it was seconded by Mr. Brister. The motion passed with Mr. Merdes, Mr. Wanzer and Mr. Cervantes voting “no”. VII. DISCUSSION AND POSSIBLE ACTION REGARDING RECOMMENDATIONS ON THE FORMATION OF SUBCOMMITTEES FOR THE 2021 INTERNATIONAL CODE SERIES REVIEW: Building, Existing Building, Residential, Plumbing, Mechanical, Fuel Gas, Fire, Energy Conservation, Swimming Pool & Spa; 2020 National Electric Code Luke Fry, Deputy Building Official, gave a briefing on the timeline for the 2021 International Code Adoption Cycle. The plan is to establish seven Technical Review Committees (TRC) per discipline, consisting of at least one Development Services staff member and one Construction Trade Advisory Board member per committee. The TRC members will be limited to ten participants maximum. The goal is to minimize and/or reduce the number of local amendments. He gave the following timeline: o March 12th: DSD to make an announcement at the DSD Taskforce meeting; call for Technical Review Committee participants o March 2021: Brief the Planning Commission and City Council on the 2021 Code Adoption Schedule o April 1, 2021: 30-day open period. An invitation to the public for Technical Review Committee participants. The invitation closes April 30, 2021. o May 3, 2021: Initiate once-a-month TRC meetings from 9am-Noon and ending October 29, 2021. o November 15 through November 30, 2021: Open public comment period for the 2021 Codes and the proposed local amendments. o Draft of the 2021 Codes with local amendments due January 1, 2022. o Draft of the 2021 Codes with local amendments posted for 30-days, ending February 28, 2022. o March 2022: Present 2021 Codes with local amendments to the Planning Commission. o May 2022: Present 2021 Codes with local amendments to City Council for adoption. The Board asked questions for procedural clarifications regarding the timeline. VIII. DEPUTY BUILDING OFFICIAL REPORT Mr. Fry gave the Board an update on Informational Bulletin No. 8 regarding drainage. He said the bulletin has been modified to include all drainage requirements for all projects and not just infill development. The bulletin addresses at a minimum, the requirement of a simple drainage plan at the plan review stage and inspections. For infill lots, a drainage plan is also required at the plan review stage; a survey prepared by registered engineer/surveyor is required, showing that the lot drains to the approved source. He informed the Board that the month of May is “Building Safety Month” with a theme of “Prevent, Prepare & Protect: Building Codes Save”. Topic of discussion for the first week will discuss “Energy & Innovation”; subject for week two is ”Train Next Generation”; subject for week three is “Water Safety” and week four is “Disaster Preparedness”. Staff is discussing ways to educate the community with engagement from builders, suppliers, and contractors. IX. FUTURE AGENDA ITEMS Mr. Cervantes brought up an issue he also mentioned at the January 21, 2021 meeting. He has been experiencing issues regarding the 3:1 ratio – three assistants per one Journeyman. He feels local contractors are “carded” more often than bigger, out-of-town companies. He has witnessed these companies not complying with the ratio and believes they do not get carded as often. Vice Chairman Camp brought up an issue he also mentioned at the December 17, 2020 meeting. He mentioned he has experienced issues with final inspections done by the Fire Department after plans have been approved; there needs to be better communication between the departments. These inspections have caused unplanned change orders which can incur high cost. He also brought up issues he has been experiencing with meter sets versus a full tap. He felt that better communication needs to happen between DSD and the Water Department for work orders. X. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 10:45 a.m.