Members present in-person: Steve Kozel, Jason Vlasic, and Angela Stack.
Also present in-person: Joseph Wiszowaty, Town Manager; and Gena Lauridsen, Building and Planning Administrative Assistant.
Absent: Sergio Mendoza and Richard Hoover
A quorum was attained.
President
Ms. Stack made a motion to nominate Richard Hoover as President, seconded by Mr. Vlasic and carried by voice vote with three ayes.
Ayes – Steve Kozel, Jason Vlasic, Angela Stack
Nays – None
Vice President
Ms. Stack made a motion to nominate Steve Kozel as Vice-President, seconded by Mr. Vlasic and carried by voice vote with three ayes.
Ayes – Steve Kozel, Jason Vlasic, Angela Stack
Nays – None
Executive Secretary
Ms. Stack made a motion to nominate Sergio Mendoza as Executive Secretary, seconded by Mr. Vlasic and carried by voice vote with three ayes.
Ayes – Steve Kozel, Jason Vlasic, Angela Stack
Nays – None
April 4, 2016 Contractors Board Regular Meeting Minutes
Mr. Vlasic made a motion to approve the April 4, 2016 Contractors Board Regular Meeting Minutes, seconded by Ms. Stack and carried by voice vote with three ayes.
Ayes – Steve Kozel, Jason Vlasic, Angela Stack
Nays – None
December 7, 2016 Contractors Board Regular Meeting Minutes
Mr. Vlasic made a motion to approve the December 7, 2016 Contractors Board Regular Meeting Minutes, seconded by Ms. Stack and carried by voice vote with three ayes.
Ayes – Steve Kozel, Jason Vlasic, Angela Stack
Nays – None
| Steve Kozel | Jason Vlasic |
| Contractor Board, Vide-President | Contractor Board, Member |
Members present in-person: Steve Kozel, Vice- President; Jason Vlasic, Angela Stack, and Sergio Mendoza, Executive Secretary.
Also present in-person: Jon Gill, St. John Building Commissioner
Absent: Richard Hoover, President; Joseph Wiszowaty, Town Manager; and Adam Decker, Board Attorney.
A quorum was attained.
June 21, 2023 Contractor Board Meeting Minutes
Mr. Mendoza made a motion to approve the June 21, 2023 Contractor Board Meeting Minutes, seconded by Ms. Stack and carried by voice vote with four ayes.
Ayes – Steve Kozel, Jason, Vlasic, Angela Stack, Sergio Mendoza
Nays – None
Town Manager, Joseph Wiszowaty, entered the meeting at approximately 5:02 P.M.
Mr. Kozel asked Mr. Schoon if he could elaborate on how the stairs are against code. Mr. Schoon referred to photos that were submitted that showed a speed square against the nose of a stair with a tape measure to the back of the stair below it showing a measurement of about two inches. He stated he did not have photos of the curvature of the stairs, but they are also off. Mr. Schoon stated he spoke with a relative who is a contractor and they agreed with his findings. When you are walking down the stairs and are not aware of the issue, you think you have more foot space than you do which has led to all of the slips in our home.
Mr. Kozel asked if what was shown was a very plush carpet. Mr. Schoon stated he did not believe it was anything out of the norm because when they were selecting the padding and carpet, they did not pick the plushest option. He stated he was told by Mr. Gill that any measurements would be with the carpet on, so how plush the carpet is should be factored in to meeting that measurement. Mr. Kozel stated you are not going to get a square fit around the stair nosing with carpet. Mr. Schoon stated Diamond Peak discloses that not all homes will be built exactly the same, but when talking to neighbors that have the same floor plan and model as our home and measuring their stairs, we are the only ones with this issue. Mr. Kozel asked what the measurements were of the other homes. Mr. Schoon stated the nosing was all one inch or less and the tread depth is all ten inches. Mr. Vlasic asked if the other stairs that were measured were all carpeted. Mr. Schoon stated yes, every staircase he has measured has been carpeted. Mr. Vlasic asked if the house came with carpet or if it was installed later. Mr. Schoon stated it was sold to us with carpet. Mr. Kozel asked if the speed square was firmly against the nose of the stair when measuring. Mr. Schoon stated yes. The tread depth also seems to be a bit of an issue, but how we come to that measurement is a bit of a gray area. Most of them are measuring around nine inches.
Ms. Stack stated in the packet the Board received, there is a correction notice for the basement stairs from the Town inspector. Mr. Schoon stated when the final inspection was done, a violation was found with the basement stairs which was corrected. Our basement stairs are fine, it is the main level stairs that are the issue. Mr. Kozel asked if the basement stairs were carpeted. Mr. Schoon stated they are not. Ms. Stack asked when the issue was noticed. Mr. Schoon stated we noticed early on that we were slipping and falling a lot, but specifically in March a friend slipped which caused us to look in to the measurements and codes. Ms. Stack stated measurements were not taken with the carpet off, then. Mr. Schoon stated that was correct. Mr. Kozel asked how many stairs were off. Mr. Schoon stated the nose on every stair is off. Mr. Wiszowaty asked if anyone else, such as an engineer, has gone out to the site and written a report showing the same information. Mr. Schoon stated not to this point.
Richard Hulen, Diamond Peak Homes, stated we pride ourselves in building a quality, code compliant home. When you are doing inspections on carpeted stairs, the stairs have to be inspected without carpet or runners on them. The padding and pile of the carpet can affect the steps. If you look at some of the pictures with the square, the square is touching the outside of the pile of the carpet. If you compress the square differently on each step, the measurement will change which is why the stairs are supposed to be measured without carpet per code. Mr. Wiszowaty asked if Diamond Peak measured the stairs to make sure they were compliant. Mr. Hulen stated on the rough, yes. Mr. Wiszowaty stated without carpet, the stairs would measure correctly. Mr. Hulen stated that was correct. Depending on where the stairs end on the second floor you have to change your run to get the thirty-six inch landing at the bottom of the stairs, which will affect the tread depth. Ms. Stack asked if the stairs are measured and documented before carpet is placed. Mr. Hulen stated it is not something that is done and documented. We rely on the municipality’s inspectors to inspect those to make sure they are compliant. They did catch it on the basement stairs and we went back and fixed it. Ms. Stack asked if they rely on the inspectors only or if they also inspect properties to see if anything is wrong. Mr. Hulen stated they do not do a full inspection of each property, but that he will walk through builds and note anything that is incorrect and have it corrected. We do in-house inspections, but not full building inspections. Mr. Vlasic asked if prefabbed steps are used or if they are built on site. Mr. Hulen stated they are built on site. Mr. Kozel asked if the carpet could be pulled back on one of the treads. Mr. Hulen stated he could not do that since it is not his house. Mr. Schoon would have to remove the carpet and measure to show if we were not compliant, and if we are, we would replace it.
Mr. Mendoza stated he would like to add that in regards to the way this Board can take action, our attorney has advised that the purpose of the Board is to establish regulations regarding restrictions of contractors and not to have the Town serve as intermediary between a homeowner and a contractor regarding alleged defects in the construction of a home. The only thing that the Town, acting through the Contractor’s Board, can do is to suspend or revoke the certificate of registration issued by the Town. We did notify the homeowner of this and the homeowner did state he would like to move forward with the Board taking consideration to restrict or revoke the builder’s license. Our attorney also indicated that the homeowner maintains the ability to pursue any claims that it may have against the contractor for installation of stairs that allegedly fail to meet the requirements of the Town’s building code, as well as pursue breach of contract claims, implied warranties or statutory warranties against the contractor if the homeowner seeks to recover monetary damages against the contractor. Mr. Mendoza stated he would caution homeowners and contractors to take action without the direction of this Board. Mr. Wiszowaty stated he would like to see an independent person go out there to verify the claims of the homeowner and provide documentation of that to know if it meets the requirement. He stated he would not recommend this Board take action against the contractor until they have that information.
Mr. Schoon stated he would be willing to peel back the carpet to get those measurements, but was told by Mr. Gill that the measurements are based on carpet being installed. Mr. Gill stated when we do our final, our judgment is based on the carpet being installed. We try to compress the carpet as if it weren’t there to deem it code compliant or non-code compliant. Mr. Mendoza stated the code reads “stair treads and risers shall meet the requirements of this section. For the purposes of this section, dimensions and dimensioned surfaces shall be exclusive of carpets, rugs or runners.” It appears the inspection that was done by the building inspector as well as the builder show that the stairs meet the code requirements based on no carpet. Anything outside of that would require the homeowner to verify that. He stated on a personal level, he just visited his sister’s home that has carpeted stairs and in the time they were there, three people fell. He also stated he had carpeted stairs in his home and once the carpet was removed, his wife commented that she felt safer walking down those stairs. It could be that the carpet is also causing some uncertainty when stepping down the stairs. Just by looking at the images, it looks like there is already some wear on the carpet. Mr. Gill stated in one of the pictures you can see a wear bulge in the nosing section. Mr. Schoon stated he did not believe it was an issue with the carpet since he has measured other homes that do not have this same issue. Ms. Stack stated it would be a good idea to lift the carpet and re-measure the stair. Mr. Wiszowaty stated he should have an independent party do that and submit a report. Ms. Stack stated she agreed they need to be right, but more work needs to be done. Mr. Mendoza stated if the homeowner is asking the Board to consider revoking the license of the contractor, then the homeowner should look for a third party review and report back to the Board. That report should be shared with the builder and if the stairs are not compliant, they may take the initiative to then fix the problem without the need of revoking the license. If the intent is to have the license revoked, then it can be brought back to the Board for decision. Mr. Hulen stated if we find we did something incorrectly, we will correct it. As of now with what is shown, we do not believe the stairs are not compliant.
| Steve Kozel | Sergio Mendoza |
| Contractor Board, Vide-President | Contractor Board, Executive Secretary |
