ALJDEC

01F-T0624-ROC · Registrar of Contractors · 2001-12-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 3, 2001; at 8:30 a.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared through its authorized representative, Raymond Martinez, Sr. 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 B- License issued by the Registrar of Contractors. 2. This is a residential matter where the Complainant purchased a new residence that had been constructed by the Respondent.

3. The Complainant was dissatisfied with the Respondent’s workmanship and failure to correct its work to his satisfaction despite repeated requests that it do so. The Complainant then filed a formal complaint, against the Respondent, with the Registrar of Contractors. 4. Pursuant to the filing of the formal complaint, an assigned Agency Inspector conducted an on-site inspection and issued a written corrective work order directing the Respondent to perform designated corrective work on the Complainant’s residence. 5. Credible evidence established that the Respondent had performed repeated repairs on the Complainant’s residence and that only two items remained at issue. 6. The first item at issue is the roof. The written corrective work order directed the Respondent as follows: “6. Correct all bunching/wrinkling of roof throughout that have pockets between the sheathing and the roofing materials.” Credible evidence established that all of the bunching/wrinkling of the roof has not been corrected. The Respondent shall, utilizing a properly licensed roofing contractor, cause the roof to be properly corrected. 7. The second item remaining at issue is the functioning and draw of the fireplaces in the family room and the master bedroom. The written corrective work order directed the Respondent as follows: “1. Correct/modify both fireplaces to obtain proper drawing and functioning of fireplaces.” 8. The Complainant is still very dissatisfied with the draw of the fireplaces and considers them to be inoperable. The Complainant testified that neither fireplace operates acceptably and that both fireplaces allow smoke and fumes into the interior of Complainant’s residence. 9. Credible evidence established that the Respondent caused the flues of both fireplaces to be extended approximately two feet and installed new spark arrestors on both fireplaces. 10. The assigned agency inspector testified that the family room fireplace was tested at the pre-hearing inspection and that he found the functioning and draw of the fireplace to be acceptable and functioning within applicable industry standards for a wood burning fireplace. 11. The Registrar of Contractors does not apply perfection standards when judging workmanship. The industry standard, as applied by the Registrar, is whether the workmanship involved is within minimum industry standards for good and proper workmanship. The credible evidence of record established that the fireplaces have been corrected to within applicable minimum industry standards. 12. 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 (A) (23) and (3); namely, Rule R4-9- 108. RECOMMENDED ORDER In view of the foregoing, it is recommended that the Respondent’s Class B- License shall be suspended until the Registrar of Contractors receives proof that the Respondent has, utilizing a properly licensed roofing contractor, caused the bunching, blistering and wrinkling on the Complainant’s roof to be properly corrected. 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.T01-0624 shall be closed. Done this day, December 3, 2001

______________________________________ M. Douglas Administrative Law Judge

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

Registrar of Contractors Michael P. Goldwater 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