Vacate: Settlement Recommendation

07F-C067273-BFS · Department of Fire Building and Life Safety · 2007-05-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter was duly scheduled for administrative hearing on May 3rd, 2007, at 9:00 a.m., pursuant to A.R.S. 41-2183 and A.R.S. 41-1092. Prior to the hearing the parties had discussion amongst themselves and mutually resolved their remaining contested issues. An agreed settlement was reached. Parties may resolve a contested matter informally by settlement agreement. A.R.S. 41-1092.07.F.5. Based on the statements of both parties on the record, and their agreement to settle the remaining outstanding issues, the Administrative Law Judge submits this recommended order of settlement. All parties appeared to be satisfied that their settlement was a fair and proper resolution of the contested issues. The terms of the agreement are: (1) As to Item #4 of the Verified Complaint, Respondent agrees to have a properly licensed plumber inspect the water heater, determine the problem, and correct by appropriate means; (2) As to Item #7 of the Verified Complaint Respondent agrees to have a professional carpet installer inspect the carpet tacks and properly correct the problem, possibly by installing thicker padding; (3) As to Item #11 of the Verified Complaint, Respondent agrees to have a properly licensed HVAC contractor inspect the heat pump and its venting, and verify that all are functioning properly, and if not functioning, properly repair or replace as needed; (4) As to an item not part of the Verified Complaint, but as agreed by the parties to be included in their settlement, Respondent shall cause the tub manufacturer to properly replace or repair any cracked porcelain in the master bathroom, and, (5) as to another item not part of the Verified Complaint, but also as agreed to by the parties to be included in their settlement, Respondent agrees to properly repair or replace the toe kick in the master bathroom, which appears to be delaminating. Respondent agrees to perform the above-described corrective action on or before the end of May, 2007. RECOMMENDED ORDER Wherefore, it is hereby ordered that this matter is vacated from the OAH docket and remanded to the Director with a recommendation that Case No. 06-7/273, together with the Complaint on which it is based, be dismissed as settled.

Done this day, May 3rd, 2007.

_________________________________ Grant Winston Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2007 to:

Robert Barger, Director Department of Fire Building and Life Safety ATTN: Joyce Kesterman 1110 West Washington Avenue, Suite 100 Phoenix, Arizona 85007

By _______________________________

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