ALJDEC decisions subject to certification as final

06F-2598-ROC · Registrar of Contractors · 2007-05-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 10, 2007 APPEARANCES: Dell Hart, on behalf of Complainant; no one appeared on behalf of Respondent. ADMINISTRATIVE LAW JUDGE: Michael K. Carroll _____________________________________________________________________

On June 23, 2006, a Complaint was filed with the Registrar of Contractors (ROC) in which Complainant alleged that Respondent had resurfaced a swimming pool at his residence and that the workmanship was “faulty.” On January 31, 2007, the ROC issued a citation alleging violations of A.R.S. §32-1154A (7), (23) and (3), namely R4-9-108.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Findings of Fact:

1. On April 29, 2004, Complainants entered into a written contract which provided for Respondent to resurface the plaster swimming pool at their residence with a fiberglass material, and install an automatic water fill valve.

2. Approximately a month after the resurfacing was completed, Complainant noticed that the material applied to the deep end of the pool had become “spongy.” 3. In May of 2006, large cracks appeared in the pool walls and eventually those cracks developed into large areas where the resurfacing material separated from the base material. Additionally, pool tiles installed by Respondent started to flake off the pool walls. 4. On July 19, following an inspection of the pool, ROC Inspector Bob Davies issued a Corrective Work Order (CWO) in which he directed Respondent to “correct by appropriate means the failure of the interior pool finish and the missing waterline tile.” In the CWO, the Inspector noted that Respondent’s license had been cancelled on June 28, 2005 and that it “cannot do or subcontract the recommended corrective work listed in this directive.” 5. On October 10, 2006, the Inspector issued another CWO requiring Respondent to correct a malfunction with the pool auto fill valve. 6. In a written answer to the Citation, Respondent indicated that the assets of Fibre Tech West, Inc. were sold in July, 2005, and that the new purchaser was responsible for warranty work. Respondent also indicated that its ROC license was revoked and that it is not allowed to do any work or subcontract any work pursuant to a directive from the ROC. 7. As of the date of the hearing, there had been no attempt by Respondent to take any corrective work action in connection with this Complaint. Complainant has, however, fixed the problem with the auto fill valve.

Conclusions of Law;

The uncontested facts presented at the hearing established a violation of A.R.S. §32-1154A (23) and (3), namely R4-9-108. Furthermore, Respondent is unable to take any corrective action in this matter due to the revocation of its Class KA-05 license by the ROC on January 22, 2007. In light of the above, it is not necessary to address the alleged violation of A.R.S. §32-1154A (7).

RECOMMENDED ORDER

It is recommended that Respondent’s Class KA-05 license be revoked on the effective date of the Order in this case.[1] Done this day, May 14, 2007.

______________________________________ Michael K. Carroll Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2007, to:

Fidelis V. Garcia, Director Registrar of Contractors Legal Department 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________

----------------------- [1] Pursuant to A.R.S. §41-1092.08D, failure by the Registrar of Contractors to accept, reject or modify this decision within thirty days of receipt by the agency will result in this Decision being certified by the Office of Administrative Hearings as the final administrative decision. In the event of certification of the Administrative Law Judge Decision by the Office of Administrative Hearings, the effective date of the Order in this matter will be forty (40) days from the date of that certification.

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