ALJDEC

00F-A990025-BFS · Department of Building and Fire Safety · 2000-07-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 20, 2000. APPEARANCES: William Talley, Complainant; and Richard Schultis, Schult Homes Corp. representative. There was no appearance on behalf of Comfort Homes, Inc. or Bennies Mobile Home Set-Up. ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang. _____________________________________________________________________ The Complaint in this case was settled prior to hearing with Schult Homes Corp. and Bennies Mobile Home Set-Up. Complainant appeared and testified that there were two items under Comfort Homes, Inc.’s responsibility which had not been addressed. No one appeared at hearing on behalf of Comfort Homes, Inc. The evidence at hearing supported that the repairs did not meet the required standards. Therefore, I recommend that Comfort Homes, Inc. be placed under a one week provisional suspension to go into effect only if the repairs are not made. If the repairs are made, I recommend that Comfort Homes, Inc. have only a 30 day probation period. In either case, I recommend that Comfort Homes, Inc. reimburse Complainant for that portion of his filing fees which related to the Complaint against Comfort Homes, Inc. FINDINGS OF FACT 1. William Talley originally filed Complaints with the Department of Building and Fire Safety against Schult Home Corp., Comfort Homes, Inc., and Bennies Mobile Home Set-Up due to unfinished or unsatisfactory work done in connection with the purchase of his manufactured home. Prior to hearing, Mr. Talley notified the Office of Administrative Hearings that corrective work had been performed to his satisfaction by Schult Homes Corp. and Bennies Mobile Home Set-Up and he was dropping his Complaint regarding those two parties. He wished to go forward with his Complaint against Comfort Homes, Inc. 2. At the time of hearing, no one appeared to represent Comfort Homes, Inc. Mr. Talley testified that two items remained with regard to the work it had been responsible for. The baseboards had nail holes that were to be painted. When Comfort Homes, Inc.’s workers painted them, however, they used wall paint rather than paint that matched the baseboards (the wall paint was whiter). Also, there is a valley in the carpet. This was not verified in the Complaint because the inspector though it was a seam, but Mr. Talley testified that the valley seems to be a space in the carpet pad because it is not near any seam in the carpet. CONCLUSIONS OF LAW 1. This administrative hearing was held under authority of and pursuant to A.R.S. §41-1092, and the Arizona Mobile Home Parks Residential Landlord and Tenant Act, A.R.S. §33-1401 et sequitur (“the Act”). 2. Subject-matter jurisdiction vests in the Department of Building and Fire Safety under authority of A.R.S. §33-1406 and A.R.S. §33-1408. 3. Pursuant to A.R.S. §41-2186.04, a licensee may have its license suspended or revoked, placed on probation or assessed an administrative penalty if it fails to repair or replace items in the manufactured home which to no comply with adopted codes or workmanship standards. Arizona Administrative Code R4-34-104(A) provides, regarding workmanship standards, that all work is to be performed in a professional manner. 4. Although the Department did not verify the matters at issue at hearing, the weight of the evidence showed that the problems brought forth by Complainant clearly involve work not done in a professional manner. It is axiomatic that paint touch-ups should be done with matching paint and that the pad of a carpet should be installed so that there are not noticeable gaps. Therefore, I recommend that the Director find in favor of the Complainant in his Complaint against Comfort Homes, Inc. The Complaint against Schult Homes Corp. and Bennies Mobile Home Set-Up should be dismissed as settled prior to hearing. RECOMMENDED DECISION Based on the foregoing considerations, I recommend that the Director of the Department of Building and Fire Safety find in favor of the Complainant and order Comfort Homes, Inc. to reimburse Complainant his filing fee, if any, for that portion of the Complaint which was against Comfort Homes, Inc. I further recommend that Respondent Comfort Homes, Inc.’s license be suspended for a one week period on the effective date of the order entered in this matter unless, prior to that date, Comfort Homes, Inc. provides proof that it has made repairs to Complainant’s home by touching up with matching paint on the baseboards and repairing the carpet valley by whatever means necessary. If Comfort Homes, Inc. provides proof that the needed repairs have been effected, I recommend that instead of a suspension, its license be place on probation for a period of 30 days. I further recommend that the Complaints against Schult Homes Corp. and Bennies Mobile Home Set-Up be dismissed as settled. Done this day, July 27, 2000. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Dorinda M. Lang Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2000, to:

Department of Building and Fire Safety N. Eric Borg ATTN: Michelle M. Castaneda East Virginia, Suite 100 Phoenix, AZ 85004

By ___________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826