ALJDEC decisions subject to certification as final

08F-S0025-ROC · Registrar of Contractors · 2008-09-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 24th, 2008; 9:00 a.m. APPEARANCES: Complainants, Mr. Rodd and Ms. Johnna Logan, represented themselves. Respondent, Ferrins State Roofing Company, Inc., was represented by Mr. Russ Ferrin, President. ADMINISTRATIVE LAW JUDGE: Grant Winston _____________________________________________________________________ The administrative hearing of this matter was held in the Office of Administrative Hearings, Tucson. Testimony was heard and other evidence admitted to the record, and, based on the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made. FINDINGS OF FACT 1. Respondent, Ferrins State Roofing Company, Inc., is, and during all time material hereto was, a contractor licensed by and doing business in the State of Arizona, holding Class C-42 License number 087453. 2. Complainants, Mr. Rodd and Ms. Johnna Logan, are homeowners residing in Thatcher, Arizona, and this Complaint concerns the roofing repairs Respondent performed on their house in 2006, and 2007. 3. Complainant first filed an administrative Complaint against this license on or about November 14th, 2006. This Complaint mentioned roofing work performed by Respondent in 2005, and subsequent leaks that should not have occurred. 4. Following the filing of the original Complaint Respondent promised to return to the job site and perform repairs to stop the leaking. Based on the assurances given by Respondent, Complainants agreed that the Complaint could be closed. 5. Respondent did return and performed further work on the roof of the house. However, Respondent installed new cooler jacks to the swamp cooler. 6. Respondent has consistently maintained that the problem is with the swamp cooler, not the roof or the jacks he installed. Respondent provided a statement from a licensed Air Conditioning contractor who opined that the leaks were not the problem. Complainants deny this, and assert for one thing, that if it were a problem with the cooler and not the roof, there would be leaking rather constantly as the cooler is run rather constantly, but the leaking occurs only when there is a heavy rain. 7. Following Respondent’s installation of the cooler jacks, a heavy rain again came and the roof again leaked. Complainants had the Complaint reopened and it was assigned to Registrar of Contractors Inspector Mike Nieves who also had been the Inspector the first time the Complaint was filed. 8. Inspector Nieves conducted a job site inspection and determined that the roof leaks were the responsibility of the Respondent to correct. He issued a written Corrective Work Order to Respondent dated October 10th, 2007, directing Respondent to correct the roof leaking and repair the water-damaged interior ceiling and walls and to paint them with a color to match that existing as closely as possible. The CWO allowed 15 calendar days for the repairs which was a reasonable amount of time. 9. The work ordered by the Inspector has not been corrected. 10. Notice is taken of the Respondent’s prior license record with the Arizona Registrar of Contractors. CONCLUSIONS OF LAW 1. This administrative hearing was held under authority of and pursuant to A.R.S. 32-1156, and A.R.S. 41-1092. 2. Respondent is charged in the instant Citation and Complaint with possible violations of A.R.S. 32-1154.A.,7, 23, and 3 (namely A.A.C. R4-9-108, Workmanship Standards). 3. The greater weight of credible evidence proved that Respondent had violated A.R.S. 32-1154.A.3 in the poor workmanship of roof repair.

4. Respondent violated A.R.S. 32-1154.A.23 by failing to obey the written Corrective Work Order within a reasonable amount of time without valid justification. 5. There is no evidence of any wrongful or fraudulent act in violation of A.R.S. 32-1154.A.7 independent of the violations already concluded to have occurred. RECOMMENDED ORDER In view of the foregoing Findings of Fact and Conclusions of Law it is hereby recommended that Respondent’s Class C-42 License number 087453 be suspended until such time as the Registrar of Contractors receives written proof that Respondent has properly complied with the terms of the Inspector’s Corrective Work Order. It is further recommended that if the Respondent properly accomplishes the corrective work set forth in the Inspector’s Corrective Work Order, on or before the effective date of this Order (40 days after the date of service appearing on the Registrar’s certification on the Order), then the above-provided license suspension shall not occur and Citation and Complaint S08-0025 shall be closed. In the event of certification of the Administrative Law Judge’s Decision and Order by the Director of the Office of Administrative Hearings, then the effective date of the Order shall be 40 days after the date of that certification. Done this day, September 30th, 2008.

______________________________________ Grant Winston Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2008, to:

Registrar of Contractors Armando Contreras, Acting Director 3838 N. Central Ave., Ste. 400 Phoenix, AZ 85012-1906

By ___________________________

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Office of Administrative Hearings 100 N. Stone Ave., Suite 704 Tucson, AZ 85701 520-628-5488 Fax: 520-628-5575 www.azoah.com