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HomeMy WebLinkAboutMinutes Construction Trade Advisory & Appeals Board - 07/15/2021MINUTES REGULAR MEETING Construction Trade Advisory & Appeal Board City of Corpus Christi – City Council Chambers 1201 Leopard Street, Corpus Christi, TX 78401 Thursday, July 15, 2021, 1:30 PM I.CALL TO ORDER - ROLL CALL: The meeting was called to order and a quorum was established with Paul Cervantes absent. II.PUBLIC COMMENT: None. III.APPROVAL OF ABSENCES: None. IV.APPROVAL OF MINUTES: May 20, 2021 A motion was made by Vice Chairman Mr. Camp to approve the minutes listed above and it was seconded by Mr. Wanzer. The motion passed. V.BOARD TRAINING: Ethics Presentation by Assistant City Attorney, Buck Brice Mr. Brice gave an overview of laws and rules applicable to the Board, including the Code of Ethics established by Chapter 2, Article 5 of the Corpus Christi Code, City Charter Article VI, Chapter 14, Article II of the Corpus Christi Code, Chapters 171 Texas Local Government Code, Open Meetings Act found under Chapter 551 of the Texas Government Code, and the public Information act found under Chapter 552 of the Texas Government Code. Topics covered in the City Code of Ethics: granting favors; unauthorized use of City resources; acceptance of gifts; conflicts of interest; disclosure and recusal; criminal activity and behavior that reflects poorly upon the City; and nepotism. If a complaint regarding a Board member’s behavior is filed with the City’s Ethics Commission and they find the complaint to be valid, the Ethics Commission may recommend reprimand, suspension, removal and other corrective action. The recommendation will go to City Council, who will vote whether to uphold the Ethics Commission’s recommendation. The Texas Local Government Code, Chapter 171 includes and outline of criteria for conflicts of interest. Knowingly violating Chapter 171 is a Class A Misdemeanor, with penalties including a fine not to exceed $4,000; confinement in jail for a term not to exceed one year; or both such fine and confinement. The Texas Open Meetings Act declares it a crime for Board members to participate in closed meetings, other than a permissible executive session; conspiring to meet in numbers of less that quorum for the purpose of secret deliberations; Board members deliberating business via email, written memo, letter, social media, etc. Violations are punishable by up to 30 days in jail and a $500 fine. Mr. Wanzer asked who prosecutes violations of the Open Meetings Act. Mr. Brice informed him that since violations are Class B and above, they are prosecuted by the District Attorney. Mr. Merdes asked if City staff are required to follow the same code of ethics as Board members. Mr. Brice explained that the Code of Ethics has different rules for City Council members, Board members and employees, and some sections that apply to all. Mr. Merdes said one often doesn’t think about social media as it relates to ethics. Mr. Brice reiterated that Board members may discuss personal subjects via social media, but topics related to City business should be avoided. VI.BRIEFING: Mr. Fry gave a presentation with the results of a benchmarking survey of ten cities on the topics listed below. Not all ten cities participated. 1. Registration for General Contractors (15:00) BOARD MEMBERS: Ramiro Munoz, III, Chairman Garry Camp – Vice Chairman Paul S. Cervantes Jared Merdes Mike Wanzer Jose Jimenez Ronald Brister STAFF: Al Raymond, Director Luke Fry, Deputy Building Official Kristy Glick, Interim Recording Secretary Mr. Fry distributed a document with a matrix, listing responses received from the ten cities surveyed, as well as the City of Corpus Christi, for the following requirements for Commercial & Residential General Contractor registration: application; driver’s license/state ID; certificate of insurance (COI); background check; state license; exam; fee; and bond. The responses do not indicate if there is a program in place for contractor registrations. Most cities surveyed require registrations including an application, a fee, and a valid ID. Development Services (DSD) recommends looking into adopting the City of San Antonio’s contractor registration program. Mr. Merdes pointed out that requiring a COI is a good idea, as is required for residential contractors in San Antonio. 2. Requirements for Elevation Certificates (EC) and Board Form Surveys (BFS) Mr. Fry distributed a document listing the requirements for elevation certificates and form Board surveys from the ten benchmark cities taken from the 2018 TFMA High Standards Survey. Four out of ten benchmark cities require an EC before vertical construction, six out of ten benchmark cities require a BFS for all projects. Development Services recommends requiring a completed BFS and EC for all buildings in the Special Flood Hazard Areas (SFHA) before any foundation work commences. 3. Texas Department of Licensing and Regulation (TDLR) - Unlicensed/Unqualified Workers Mr. Fry distributed a document listing how benchmark cities handle unlicensed workers. Four of the ten benchmark cities confirmed they actively ask for electrical and plumbing licenses on job sites. Dallas and Arlington have license requirements in their ordinances; there is no language in the City of Corpus Christi Municode that allows inspectors to request licenses at job sites; license checks have been conducted procedurally. Development Services recommends amending the ordinance with language that dictates inspectors will check licenses on job sites.TDLR informed staff that they regulate unlicensed workers and it is not the responsibility of local government, but inspectors may check licenses and report any infractions to TDLR for investigation. Mr. Fry reviewed draft Information bulletins for each item with the Board. DRAFT INFORMATION BULLETIN 013 – General Contractor Registration Program Beginning September 1, 2021, all contractors applying for permits obtain an ICC certification for Building and Code Standards; pay an annual fee of $100; and update all tax forms, business insurance, and ICC certifications annually, or as needed. All applicants must complete an FBI background check, including fingerprints. The desired outcome is to discourage bad actors from taking advantage of consumers. The Building Official may accept national background results from an alternative method. DRAFT INFORMATION BULLETIN 014 – Contractor Tier Consumer Connections This bulletin is modeled after San Antonio’s current program. It lists contractors on the City’s website in one of three tiers, beginning September 1, 2021: • Category 1 – Registered Contractor Contractor provides minimum requirements for registration: application, registration fee, Code of Ethics acknowledgement form, general liability insurance, and approved FBI background check. • Category 2 – Registered Contractor Plus The contractor must meet the minimum requirements, and additional requirements: all permitting fees are current; there are no verified building-related contractor infractions/complaints; and they have attended at least two DSD training events per year. • Category 3 – Premier Contractor The contractor must meet all the requirements for Categories 1 and 2, and additional requirements: minimum five-year registration with DSD, and one agent for the contractor must obtain a Residential ICC Certification or other certifications approved by the Building Official. Assistant Director, Michael Dice, gave an overview of San Antonio’s Contractor Connect website. San Antonio publishes the contractors on their website with a search feature that allows people to find a contractor for a specific purpose, such as building a fence, and will return search results for all registered contractors that meet the requirements to build fences. Mr. Merdes expressed his support for creating such a program in Corpus Christi, as it would solve a lot of issues with people claiming to be builders, who don’t know the code, particularly for residential projects. Mr. Dice said the primary focus is on residential contractors, to protect consumers. Mr. Merdes said he will go to City Council to show his support for adopting this program. Mr. Dice said having Board members present at City Council to show support for the program would be greatly appreciated. Mr. Wanzer asked Mr. Dice to define what a general contractor is. Mr. Dice explained that a general contractor for a residential project would oversee construction, typically on smaller projects, and typically do the work themselves; larger companies who have trades people who work under them typically list the owner as the general contractor. Mr. Fry suggested a definition of the term be added to the bulletin; Mr. Dice concurred. Mr. Camp asked how DSD plans to address commercial contractors, as the program is aimed primarily at residential contractors. He also asked if there is a plan in place for contractors to remove fraudulent complaints. Mr. Fry said the same registration requirements will be in place for commercial contractors, but that there are fewer complaints against commercial contractors than residential. Mr. Dice pointed out that many cities do not require registration for commercial contractors. Board members and staff discussed that large commercial contractors don’t typically get complaints, because companies that hire them have the means to file legal complaints, but there was some concern for small business owners who might be taken advantage of due to their lack of knowledge. To address Mr. Camp’s question regarding complaints against a contractor, Mr. Dice explained the current process: the contractor can go to the Building Official/Director of DSD regarding the complaint, and if the matter isn’t handled to the contractor’s satisfaction, they can make an appeal to the Board. DRAFT INFORMATION BULLETIN 011 – Elevation Certificates and Form Surveys for projects in the SFHA Form surveys would be required to be submitted for verification and approval during the inspections phase, after the foundation forms are constructed and before concrete is poured. A first and second EC will be required: the first will be required at the form stage and prior to pouring of the lowest floor; the second is required at final construction stage, before the certificate of occupancy is granted. DRAFT INFORMATION BULLETIN 012 – Unlicensed/Unqualified Installers Development Services states that authorizing parties granting license or certification include, but not be limited to: the Texas State Board of Plumbing Examiners (TSBPE), the Texas Department of Licensing Regulatory Commission (TDLR), and the International Code Council (ICC). Unlicensed/unqualified installers found on a job site will result in a stop work order and possible fine. Mr. Wanzer asked how many stop-work orders were issued in the 90 days leading up to the date of the meeting. Mr. Fry answered approximately 50, though most were issued due to work without a permit. Mr. Wanzer asked if a stop work order meant the same thing no matter why, and Mr. Fry affirmed that work on site is stopped until the issue is resolved, such as obtaining a permit, or getting a licensed worker on site. VII. DEPUTY BUILDING OFFICIAL REPORT Mr. Fry thanked Board members that are participating in the ICC 2021 code adoption cycle. Development Services currently has one Compliance Inspector on staff, and another position is posted on the City’s job board. Mr. Jimenez asked how DSD is informed about unpermitted work. Mr. Fry explained that there are several ways, but most frequently neighbors call-in/e-mail complaints, or employees notice violations while driving around the city. Mr. Merdes thanked staff for their work on the benchmarking and information bulletins; noted that he will be unable to attend the next Board meeting. VIII. FUTURE AGENDA ITEMS: None. IX. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 2:12 p.m.