ALJDEC

01F-T0257-ROC · Registrar of Contractors · 2001-03-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 13, 2001; at 9:00 a.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared on his own behalf. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________

Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT 1. Respondent is the holder of a Class C-48 License issued by the Registrar of Contractors. 2. This is a residential matter where the Respondent installed a Mexican Saltillo tile floor in the Complainant’s residence. 3. The Complainant was unsatisfied with the appearance of the Saltillo tile floor and asked the Respondent to correct the floor to the Complainant’s satisfaction. The Respondent declined to perform any corrective action on the basis that the Saltillo tile that the Complainant selected was the cheapest available and that the floor installation was within the manufacturer’s recommendations. 4. The Complainant then filed a formal complaint, against the Respondent, with the Registrar of Contractors. 5. Pursuant to the filing of the formal complaint, an assigned Agency Inspector conducted an on-site inspection. The assigned agency inspector declined to issue a corrective work order and moved to close the complaint. The inspector stated: “Tile appears to be within the 3/16 inch warpage allowed by the Tile Counsel of America and the Ceramic Tile Association of Arizona. Notes: Contractor should only install tile that is within the manufacturer’s quality tolerance. Contractor should replace any out of tolerance tile.” 6. The Complainant disagreed with the assigned inspector’s finding and requested a formal hearing. 7. There was no dispute that Mexican Saltillo floor tile has individual tile characteristics which allow for a tolerance for flatness and straightness. 8. Credible evidence, presented at hearing, established that several of the floor tile are not level and have been installed in such a manner as to present a lippage in excess of 1/8 inch. 9. The Respondent agrees that lippage in excess of 1/8 inch exceeds the applicable tolerance set by the Tile Counsel of America. However, the Respondent asserts that the said standard should not apply to Mexican Saltillo tile floors of the lowest quality tiles, such as the Complainant’s tile floor. 10. Credible evidence, presented at hearing, established that the areas of the Saltillo tile floor which display lippage in excess of 1/8 inch exceed applicable industry standards and present unacceptable tripping hazards. 11. Unacceptable tripping hazards are health and safety matters which must be corrected. The Respondent shall properly correct the Mexican Saltillo floor tile by properly correcting all floor tile areas which display lippage in excess of 1/8 inch. The Respondent shall ensure that all unacceptable tripping hazards are eliminated from the Mexican Saltillo tile floor. 12. Apart from areas of unacceptable lippage the Mexican Saltillo tile floor in the Complainant’s residence was shown to be within industry standards for material and workmanship. 13. Notice is taken of the Respondent’s prior License record with the Registrar of Contractors. CONCLUSIONS OF LAW 1. The credible evidence of record established violations by the Respondent of the provisions of A.R.S. (32-1154(3); namely, Rule R4-9-108. RECOMMENDED ORDER In view of the foregoing, it is recommended that the Respondent’s Class C-48 License shall be suspended until the Registrar of Contractors receives proof that the Respondent has properly corrected the Complainant’s Mexican Saltillo tile floor as set forth above in Finding of Fact No.11. It is further recommended that if the Respondent properly accomplishes the above described corrective action, on or before the effective date of this Order, then the above provided License suspension shall not take place and Citation No. T01-0257 shall be closed. Done this day, March 22, 2001.

________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ day of March, 2001, to:

Michael P. Goldwater, Director Registrar of Contractors ATTN: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007

By _______________________________ -----------------------

Office of Administrative Hearings 100 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488