2023A-13181-CHC-ROC 20240510 Notice of Hearing & Packet 2023-13181

2023A-13181-CHC-ROC · Registrar of Contractors · 2024-05-24

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Ryan McMahon , Case No. 2023-13181 2023-13800 COMPLAINANT, Docket No. 2023A-13181-CHC-ROC v. NOTICE OF HEARING ON Pima Ventures LLC CONTESTED CASE License No. ROC 291256,

RESPONDENT. This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).

HEARING INFORMATION The hearing is set for:

June 12, 2024 9:00 AM Tammy Eigenheer Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

prepared to present evidence, including witness testimony and documents, in support of your case.

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

The State of Arizona has determined that the licensing and regulation of construction

contractors is a proper state function, and has vested authority in the Registrar of Contractors

to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq. All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41, Chapter 6, Article 10. A.R.S. § 32-1156. The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

The statutes and rules the Respondent is alleged to have violated are cited in the

complaint and citation, which were served on the Respondent on March 28, 2024.

SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s):

Charge: 1 A.R.S. § 32-1154(A)(2)(b)

Charge: 2 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Charge: 3 A.R.S. § 32-1154(A)(3) - R4-9-108(b) Charge: 4 A.R.S. § 32-1154(A)(9)(a) Charge: 5 A.R.S. § 32-1154(A)(16)

Charge: 6 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is

cause for the suspension or revocation of a license, Complainant is a party to this case and will

be a party to the hearing.

Respondent and Complainant, as the parties to the hearing, will present evidence and

argument to the administrative law judge. The Registrar’s assigned investigator will appear as a witness at the hearing. RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.

A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-

1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s

possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is

available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20-

%20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The

assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced

or delayed, and the position of all other parties regarding the advancement or delay.

A party may also file a motion asserting a right to an expedited hearing upon a showing of

extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the

parties must notify the Office of Administrative Hearings of the resolution or settlement. Any

such cases will be listed on the Registrar’s website and its records under the category: “Closed

Complaints – Resolved/Settled/Withdrawn.”

Dated May 10, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors

Copy mailed via USPS First Class mail May 10, 2024 to: Respondent(s) Pima Ventures LLC 5225 E Pima St Tucson, AZ 85712 Respondent's Attorney Jennifer J. Maldonado, Esq. 2478 E River Rd Tucson, AZ 85718

Complainant(s) Ryan McMahon 14771 W Red Feather Ln Marana, AZ 85653

Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar

Case No. 2023-13181 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.

Who gets the Hearing Packet?

The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.

What types of cases does the Registrar prepare a Hearing Packet for?

The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.

What is in the Hearing Packet?

The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:

● Original complaint;

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

The Hearing Packet will also contain the following documents (if applicable):

● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.

What if there are documents missing from the Hearing Packet?

If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.

If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:

● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

How do I disclose evidence I intend to use at a Hearing?

You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.

A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.

How do I obtain documents I previously submitted to the Registrar?

If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Complainant: Ryan McMahon 14771 W Red Feather Lane Marana, AZ 85653

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Respondent: Pima Ventures LLC 5225 E Pima St Tucson, AZ 85712

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 December 5, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-13181

Dear Complainant and Respondent:

A formal complaint has been filed with the Arizona Registrar of Contractors.

A jobsite inspection is scheduled for January 16, 2024 at 09:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

Sincerely, John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Jobsite Inspections

Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.

Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.

Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.

Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.

The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.

Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.

Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.

Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.

Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Jobsite Inspection Photos 1 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 2 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 3 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 4 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 5 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 6 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 7 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 8 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 9 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 10 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 11 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 12 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 13 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 14 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 15 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 16 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 17 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 18 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 19 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 20 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 21 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 22 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 23 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 24 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 25 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 26 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 27 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 28 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 29 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 30 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 31 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 32 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 33 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 34 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 35 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 36 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 37 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 38 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 39 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 40 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 41 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 42 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 43 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 44 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 45 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 46 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 47 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 48 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 49 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 50 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 51 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Jobsite Inspection Photos 52 Complaint No.: 2023-13181, 2023-13800, 2023-13802 Investigator: John Smith #194 Inspection Date: 1/16/2024 Inspection Time: 9:00AM Jobsite address: 14771 W. Red Feather Lane, Marana, AZ 85653

Complainant: Ryan McMahon 14771 W Red Feather Lane Marana, AZ 85653

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent: Pima Ventures LLC 5225 E Pima St Tucson, AZ 85712

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 January 22, 2024

License No. ROC 291256

Re: Complaint No. 2023-13181

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on February 12, 2024.

RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

DIRECTIVE REQUIREMENTS You are directed to • Obtain all necessary permits from the local building official • Satisfy all requirements of the local building official • Remedy the following violations by the appropriate means:

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 o Replacement windows included modifications to exterior wall framing. • Building a deck that is more than 30 inches above grade This is all permit required work was performed without a permit being obtained. Governing Rule: A.R.S. § 32-1154(A)(2)(b): Departure from or disregard of: (b) A building code... Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes... Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes...

Complaint Item 6: “There are areas of the floor inside the home that are soft” Investigator’s Observations: Verified. There are areas of soft subflooring, with excessive deflection, noticeable through the installed flooring. Quoted from Substantive Policy Statement 2017.01 Acceptance of the Surface • "As a general principle in construction, a subcontractor who performs work on top of a surface prepared by another accepts the surface. The subcontractor should have inspected the surface for any flaws or defects that would affect the work he proposes before performing the work. If he found the surface to be unacceptable, he should have called any defects to the owner's or general contractor's attention so that the owner can choose whether to pay for the defective surface to be corrected or if the owner is not willing to pay to correct the surface, the contractor may obtain an explicit warranty disclaimer." Source: Deebv. Check s Epoxy , No. 2014A-3258 (ALJ Decision at 11:11- 19). Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 door opening commencing within 12” of the floor. Suggested protection for air opening is 1/4" minimum metal mesh screen.” • This water heater is not braced in accordance with manufacturer requirements. o As stated by the manufacturer: “This water heater must be braced, anchored, or strapped to avoid falling or moving…” Governing Rule: A.R.S. § 32-1154(A)(2)(b): Departure from or disregard of: (b) A building code... Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes... Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes...

Complaint Item 20: “Windows and doors were replaced and leak inside the home. Front and side door leak.. Water runs down the walls and pools in the window frames.;” Investigator’s Observations: This project included: • Replacing windows • Replacement windows included modifications to exterior wall framing. • This is all permit required work was performed without a permit being obtained. Included in the respondent’s emailed response to this complaint: • Windows and doors may require resealing, caulking and/or painting, to repair leaks. Provided the opportunity is given, Pima Ventures will address. Governing Rule: A.R.S. § 32-1154(A)(2)(b): Departure from or disregard of: (b) A building code... Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes... Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes...

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 o International Residential Code (IRC) R507.2.1 Wood materials shall be No. 2 grade or better lumber, preservative treated in accordance with section R317… o R317.1 Protection of wood and wood-based products from decay shall be provided in the following locations by the use of naturally durable wood or wood that is preservative-treated… o 2. Wood framing members that rest on concrete or masonry exterior foundation walls and are less than 8 inches from the exposed ground. o 6. Wood structural members supporting moisture-permeable floors… o R317.1.1 Field treatment. Field-cut ends, notches and drilled holes of preservative- treated wood shall be treated in the filed… o R317.1.4 Wood columns shall be approved wood of natural decay resistance or approved pressure-preservative-treated wood. • There is no graspable handrail on either side of the stairs. o R311.7.8 Handrails shall be provided on not less than one side of each flight of stairs with four or more risers. o R311.7.8.5Grip size. Required handrails shall be of one of the following types or provide equivalent graspability.  1.Type I. Handrails with a circular cross section shall have an outside diameter of not less than 11/4 inches (32 mm) and not greater than 2 inches (51 mm). If the handrail is not circular, it shall have a perimeter of not less than 4 inches (102 mm) and not greater than 61/4 inches (160 mm) and a cross section of not more than 21/4 inches (57 mm). Edges shall have a radius of not less than 0.01 inch (0.25 mm).  2.Type II. Handrails with a perimeter greater than 61/4 inches (160 mm) shall have a graspable finger recess area on both sides of the profile. The finger recess shall begin within 3/4 inch (19 mm) measured vertically from the tallest portion of the profile and have a depth of not less than 5/16 inch (8 mm) within 7/8 inch (22 mm) below the widest portion of the profile. This required depth shall continue for not less than 3/8 inch (10 mm) to a level that is not less than 13/4 inches (45 mm) below the tallest portion of the profile. The width of the handrail above the recess shall be not less than 11/4 inches (32 mm) and not more than 23/4 inches (70 mm). Edges shall have a radius of not less than 0.01 inch (0.25 mm). All notes about guard rails and handrails apply to both sets of steps/stairs. Governing Rule: A.R.S. § 32-1154(A)(2)(b): Departure from or disregard of: (b) A building code... Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes... Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes...

Complaint Item 23: “Siding work not sealed.”

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observations: Verified. This project included: • Replacing windows o Replacement windows included modifications to exterior wall framing and siding. • Painting the complete exterior Conditions observed during this inspection: • There are several siding patches specific to changing sizes and locations of windows/doors. • Unsealed and poorly sealed seams • Some seams are opening • Areas of siding seams with just caulking as opposed to manufacturer overlaps • No flashing at horizontal siding seams • Wood siding in direct contact with ground • Holes and gaps • Unfilled nail holes • Areas of moisture damage Quoted from Substantive Policy Statement 2017.01 Acceptance of the Surface • "As a general principle in construction, a subcontractor who performs work on top of a surface prepared by another accepts the surface. The subcontractor should have inspected the surface for any flaws or defects that would affect the work he proposes before performing the work. If he found the surface to be unacceptable, he should have called any defects to the owner's or general contractor's attention so that the owner can choose whether to pay for the defective surface to be corrected or if the owner is not willing to pay to correct the surface, the contractor may obtain an explicit warranty disclaimer." Source: Deebv. Check s Epoxy , No. 2014A-3258 (ALJ Decision at 11:11- 19). Governing Rule: A.R.S. § 32-1154(A)(2)(b): Departure from or disregard of: (b) A building code... Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes... Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes...

ADDITIONAL VIOLATIONS In addition to the allegations in the complaint, the following violations were verified:

Performing permit required work without a permit being obtained Investigator’s Observations: This project included: • Replacing a water heater

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 • Replacing windows o Replacement windows included modifications to exterior wall framing. • Building a deck that is more than 30 inches above grade This is all permit required work was performed without a permit being obtained. Governing Rule: A.R.S. § 32-1154 (A)(2)(b): Departure from or disregard of: (b) A building code... Governing Rule: A.R.S. § 32-1154 (A)(3) - R 4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes and professional industry standards… Building Code: IRC (International Residential Code) R105.1: “Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.” REQUIRED CORRECTIVE ACTION: The Respondent is to obtain any and all required building permits from the Local Building Authorities prior to making corrections listed in this Directive. If the local jurisdiction finds corrective issues relating to the respondent’s work, the respondent will be required to correct those issues by appropriate means. The respondent is required to satisfy all requirements of the local building official, and to submit a copy of the approved inspection results to the ROC Investigator.

Working beyond scope of License Investigator’s Observations: The respondent has a B General Residential Contractor License. The scope of work allowed under this license: • “This classification allows the licensee to construct and repair all or any part of a residential structure or appurtenance. Work related to electrical, plumbing, air conditioning systems, boilers, swimming pools, spas and water wells must be subcontracted to an appropriately licensed contractor. This classification does not include work authorized by the A-, B-1, or B-2 scopes.” Work performed on this project included: • Replacing electrical fixtures and devices • Replacing plumbing fixtures and components Work related to plumbing and electrical is not within the scope of the respondent’s license. Governing Rule: A.R.S. § 32-1154(A)(16): Knowingly contracting beyond the scope of the license or licenses of the licensee.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 • Mathew Skidmore does not qualify for any exemptions under A.R.S. § 32-1121. Additionally, an email from Hector Rubio, the Qualifying Party for of Pima Ventures LLC, includes: • “Renovations were completed under a licensed contractor (Pima Ventures), utilizing non- licensed technicians, where appropriate…” Governing Rule: A.R.S. § 32-1154(A)(9) Attempting to evade this chapter by: • (a) Aiding or abetting a licensed or unlicensed person. • (b) Acting or conspiring with a licensed or unlicensed person. • (c) Allowing one's license to be used by a licensed or unlicensed person. • (d) Acting as agent, partner, associate or otherwise of a licensed or unlicensed person.

ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Complaint Item 3: “Also, buzzing / arching noise comes from electrical panel when AC running.” Investigator’s Observations: This allegation is NOT verified. This was not duplicated during this inspection. Governing Rule: N/A

Complaint Item 4: “Rodents living inside ductwork;” Investigator’s Observations: Allegation(s) within this complaint item are not specific to work performed by the respondent, Pima Ventures LLC. According to invoice(s) submitted with the complaint, the Seller of the property, KMS Enterprises LLC, hired a separate contractor to perform this work. Governing Rule: N/A

Complaint Item 5: “Complete roof replacement with 30 year shingles. Per Pima County, no permits were obtained. It is unknown if the work was properly completed per code and if any plywood was replaced. Satellite photos of the home prior to renovation show many missing shingles.” Investigator’s Observations: Allegation(s) within this complaint item are not specific to work performed by the respondent, Pima Ventures LLC.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 According to invoice(s) submitted with the complaint, the Seller of the property, KMS Enterprises LLC, hired a separate contractor to perform this work. Governing Rule: N/A

Complaint Item 7: “and indicate the roof was leaking inside the home. Work completed by Osuna Roofing, LLC (ROC 279317-K42) for KMS Enterprises. Invoice attached 11/21/2022. On 07/23/23 Osuna returned to repair other roof leaks and seal areas missed. Roof leak near fireplace causes musty smell;” Investigator’s Observations: Allegation(s) within this complaint item are not specific to work performed by the respondent, Pima Ventures LLC. According to invoice(s) submitted with the complaint, the Seller of the property, KMS Enterprises LLC, hired a separate contractor to perform this work. Governing Rule: N/A

Complaint Item 8: “Appears laundry room was added. Possible improper plumbing. Sewer smell coming graybox;” Investigator’s Observations: This allegation is NOT verified. There is no evidence the laundry room was added or relocated. There were no noticeable odors during this inspection. Governing Rule: N/A

Complaint Item 9: “Full bathroom renovations were completed. Sewer gas smell from tub in jack and jill bathroom.” Investigator’s Observations: This allegation is NOT verified. There were no noticeable odors during this inspection. Governing Rule: N/A

Complaint Item 10: “Showers leaking.” Investigator’s Observations: This allegation is NOT verified. There were no noticeable or visible leaks during this inspection. Governing Rule: N/A

Complaint Item 11: “Waste pipes added and changed. Waste pipes leaking under trailer.” Investigator’s Observations: This allegation is NOT verified. There were no noticeable or visible leaks during this inspection. Governing Rule: N/A

Complaint Item 12: “Sink overflows missing.” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). The vanity tops installed are a one piece top and wash basin. The vanity top and wash basin were manufactured without an over-flow. This is not a result of the respondent’s work. Governing Rule: N/A

Complaint Item 13: “Potential missing P-traps.”

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observations: This allegation is NOT verified. All visible areas below the kitchen sink and bathroom vanities have P traps. Areas below tubs and shower were not visible. There were no noticeable odors during this inspection. Governing Rule: N/A

Complaint Item 14: “Shower pans leaking.” Investigator’s Observations: This allegation is NOT verified. There were no noticeable or visible leaks during this inspection. Governing Rule: N/A

Complaint Item 15: “Fixtures not tightened.” Investigator’s Observations: This allegation is NOT verified. There were no loose fixtures observed during this inspection. Governing Rule: N/A

Complaint Item 16: “Shower valves provide scalding hot water.;” Investigator’s Observations: This allegation is NOT verified. This condition was not observed during this inspection. Governing Rule: N/A

Complaint Item 17: “Full kitchen renovation including plumbing completed. Kitchen faucet turns on itself.” Investigator’s Observations: This allegation is NOT verified. This was not duplicated during this inspection. Governing Rule: N/A

Complaint Item 18: “Concern about trap setup.;” Investigator’s Observations: This allegation is NOT verified. All visible areas below the kitchen sink and bathroom vanities have P traps. Areas below tubs and shower were not visible. There were no noticeable odors during this inspection. Governing Rule: N/A

Complaint Item 21: “Electrical work and electrical additions performed without inspection.;” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). The respondent acknowledged replacing electrical fixtures, switches, and receptacles. Replacement of electrical fixtures, switches, and receptacles does not require a permit. There is no evidence of any electrical wiring being added or modified. Governing Rule: N/A

Please direct all questions regarding this Directive to the undersigned Investigator.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Sincerely,

John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Ryan McMahon 14771 W Red Feather Lane Marana, AZ 85653

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent: Pima Ventures LLC 5225 E Pima St Tucson, AZ 85712

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 February 6, 2024

License No. ROC 291256

Re: Complaint No. 2023-13181

AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

Complaint Item 9: “Full bathroom renovations were completed. Sewer gas smell from tub in jack and jill bathroom.” Investigator’s Observations: Verified. Based on third party inspection information submitted by the complainant on 1/31/2024, new plumbing drains below the tubs/showers do not have required traps. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 11: “Waste pipes added and changed. Waste pipes leaking under trailer.” Investigator’s Observations: Verified. Based on third party inspection information submitted by the complainant on 1/31/2024, new plumbing drains below the tubs/showers do not have required traps. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item 13: “Potential missing P-traps.” Investigator’s Observations: Verified. Based on third party inspection information submitted by the complainant on 1/31/2024, new plumbing drains below the tubs/showers do not have required traps. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 18: “Concern about trap setup.;” Investigator’s Observations: Verified. All visible areas below the kitchen sink and bathroom vanities have P traps. Based on third party inspection information submitted by the complainant on 1/31/2024, new plumbing drains below the tubs/showers do not have required traps. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 19: “Water heater replaced. No inspection for proper installation.;” Investigator’s Observations: Verified. This project included: • Replacing a water heater • This is permit required work was performed without a permit being obtained. Conditions observed during this inspection: • The pipe from the TPR (Temperature and Pressure Relief) valve does not extend to the exterior of the home, and does not terminate within six inches of the ground. • The secondary drain pan under the water heater does not drain to the exterior of the home. • The water heater chimney/flue is not properly connected near the top of the water heater closet. • Does not have combustion air as required by the manufacturer. o As stated by the manufacturer: “requires a minimum free area of 100 square inches. Opening should be on the outside access panel (door) to draw fresh outside air. Cut door opening commencing within 12” of the floor. Suggested protection for air opening is 1/4" minimum metal mesh screen.” • This water heater is not braced in accordance with manufacturer requirements. o As stated by the manufacturer: “This water heater must be braced, anchored, or strapped to avoid falling or moving…” Governing Rule: A.R.S. § 32-1154(A)(2)(b): Departure from or disregard of: (b) A building code... Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes... Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes...

Complaint Item 20: “Windows and doors were replaced and leak inside the home. Front and side door leak.. Water runs down the walls and pools in the window frames.;”

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observations: This project included: • Replacing windows • Replacement windows included modifications to exterior wall framing. • This is all permit required work was performed without a permit being obtained. Included in the respondent’s emailed response to this complaint: • Windows and doors may require resealing, caulking and/or painting, to repair leaks. Provided the opportunity is given, Pima Ventures will address. Governing Rule: A.R.S. § 32-1154(A)(2)(b): Departure from or disregard of: (b) A building code... Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes... Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes...

Complaint Item 22: “Verify deck was constructed per code. Potential footing issues. Does not appear to be fastened.;” Investigator’s Observations: Verified. This project included: • Building a deck that is more than 30 inches above grade • This is all permit required work was performed without a permit being obtained. Conditions observed during this inspection: • Openings is guard rails exceed four inches. o International Residential Code (IRC) R312.1.3 Required guards shall not have openings from the walking surface to the required guard height that allow passage of a sphere 4 inches in diameter. • Materials used are not preservative treated. o International Residential Code (IRC) R507.2.1 Wood materials shall be No. 2 grade or better lumber, preservative treated in accordance with section R317… o R317.1 Protection of wood and wood-based products from decay shall be provided in the following locations by the use of naturally durable wood or wood that is preservative-treated… o 2. Wood framing members that rest on concrete or masonry exterior foundation walls and are less than 8 inches from the exposed ground. o 6. Wood structural members supporting moisture-permeable floors… o R317.1.1 Field treatment. Field-cut ends, notches and drilled holes of preservative- treated wood shall be treated in the filed… o R317.1.4 Wood columns shall be approved wood of natural decay resistance or approved pressure-preservative-treated wood. • There is no graspable handrail on either side of the stairs. o R311.7.8 Handrails shall be provided on not less than one side of each flight of stairs with four or more risers.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 o R311.7.8.5Grip size. Required handrails shall be of one of the following types or provide equivalent graspability.  1.Type I. Handrails with a circular cross section shall have an outside diameter of not less than 11/4 inches (32 mm) and not greater than 2 inches (51 mm). If the handrail is not circular, it shall have a perimeter of not less than 4 inches (102 mm) and not greater than 61/4 inches (160 mm) and a cross section of not more than 21/4 inches (57 mm). Edges shall have a radius of not less than 0.01 inch (0.25 mm).  2.Type II. Handrails with a perimeter greater than 61/4 inches (160 mm) shall have a graspable finger recess area on both sides of the profile. The finger recess shall begin within 3/4 inch (19 mm) measured vertically from the tallest portion of the profile and have a depth of not less than 5/16 inch (8 mm) within 7/8 inch (22 mm) below the widest portion of the profile. This required depth shall continue for not less than 3/8 inch (10 mm) to a level that is not less than 13/4 inches (45 mm) below the tallest portion of the profile. The width of the handrail above the recess shall be not less than 11/4 inches (32 mm) and not more than 23/4 inches (70 mm). Edges shall have a radius of not less than 0.01 inch (0.25 mm). All notes about guard rails and handrails apply to both sets of steps/stairs. Governing Rule: A.R.S. § 32-1154(A)(2)(b): Departure from or disregard of: (b) A building code... Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes... Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes...

Complaint Item 23: “Siding work not sealed.” Investigator’s Observations: Verified. This project included: • Replacing windows o Replacement windows included modifications to exterior wall framing and siding. • Painting the complete exterior Conditions observed during this inspection: • There are several siding patches specific to changing sizes and locations of windows/doors. • Unsealed and poorly sealed seams • Some seams are opening • Areas of siding seams with just caulking as opposed to manufacturer overlaps • No flashing at horizontal siding seams • Wood siding in direct contact with ground • Holes and gaps • Unfilled nail holes • Areas of moisture damage

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Quoted from Substantive Policy Statement 2017.01 Acceptance of the Surface • "As a general principle in construction, a subcontractor who performs work on top of a surface prepared by another accepts the surface. The subcontractor should have inspected the surface for any flaws or defects that would affect the work he proposes before performing the work. If he found the surface to be unacceptable, he should have called any defects to the owner's or general contractor's attention so that the owner can choose whether to pay for the defective surface to be corrected or if the owner is not willing to pay to correct the surface, the contractor may obtain an explicit warranty disclaimer." Source: Deebv. Check s Epoxy , No. 2014A-3258 (ALJ Decision at 11:11- 19). Governing Rule: A.R.S. § 32-1154(A)(2)(b): Departure from or disregard of: (b) A building code... Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes... Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes...

ADDITIONAL VIOLATIONS In addition to the allegations in the complaint, the following violations were verified:

Performing permit required work without a permit being obtained Investigator’s Observations: This project included: • Replacing a water heater • Replacing windows o Replacement windows included modifications to exterior wall framing. • Building a deck that is more than 30 inches above grade This is all permit required work was performed without a permit being obtained. Governing Rule: A.R.S. § 32-1154 (A)(2)(b): Departure from or disregard of: (b) A building code... Governing Rule: A.R.S. § 32-1154 (A)(3) - R 4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes and professional industry standards… Building Code: IRC (International Residential Code) R105.1: “Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.” REQUIRED CORRECTIVE ACTION:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 The Respondent is to obtain any and all required building permits from the Local Building Authorities prior to making corrections listed in this Directive. If the local jurisdiction finds corrective issues relating to the respondent’s work, the respondent will be required to correct those issues by appropriate means. The respondent is required to satisfy all requirements of the local building official, and to submit a copy of the approved inspection results to the ROC Investigator.

Aiding and Abetting Investigator’s Observations: The respondent hired Richard Gaines DBA AZ Same Services, LLC to perform contracting work on this project. • Richard Gaines is not a licensed contractor. • Mathew Skidmore is the recorded owner of respondent company. • Mathew Skidmore is the recorded owner of the entity that sold the property. • Mathew Skidmore does not qualify for any exemptions under A.R.S. § 32-1121. Additionally, an email from Hector Rubio, the Qualifying Party for of Pima Ventures LLC, includes: • “Renovations were completed under a licensed contractor (Pima Ventures), utilizing non- licensed technicians, where appropriate…” Governing Rule: A.R.S. § 32-1154(A)(9) Attempting to evade this chapter by: • (a) Aiding or abetting a licensed or unlicensed person. • (b) Acting or conspiring with a licensed or unlicensed person. • (c) Allowing one's license to be used by a licensed or unlicensed person. • (d) Acting as agent, partner, associate or otherwise of a licensed or unlicensed person.

ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item 2: “All new HVAC system installed including 5 ton heat pump and 5k heat strip, ductwork under home was replaced, added and moved. Per Pima County, no permits were obtained. Work was completed by Endurance Heating and Cooling (ROC 334784) for KMS Enterprises. Invoice attached 12/21/2022. Inspection by outside contractor indicated duct work was improperly sized and potentially damaging the HVAC system.” Investigator’s Observations: Allegation(s) within this complaint item are not specific to work performed by the respondent, Pima Ventures LLC. According to invoice(s) submitted with the complaint, the Seller of the property, KMS Enterprises LLC, hired a separate contractor to perform this work. Governing Rule: N/A

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item 8: “Appears laundry room was added. Possible improper plumbing. Sewer smell coming graybox;” Investigator’s Observations: This allegation is NOT verified. There is no evidence the laundry room was added or relocated. There were no noticeable odors during this inspection. Governing Rule: N/A

Complaint Item 10: “Showers leaking.” Investigator’s Observations: This allegation is NOT verified. There were no noticeable or visible leaks during this inspection. Governing Rule: N/A

Complaint Item 14: “Shower pans leaking.” Investigator’s Observations: This allegation is NOT verified. There were no noticeable or visible leaks during this inspection. Governing Rule: N/A

Complaint Item 15: “Fixtures not tightened.” Investigator’s Observations: This allegation is NOT verified. There were no loose fixtures observed during this inspection. Governing Rule: N/A

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Ryan McMahon 14771 W Red Feather Lane Marana, AZ 85653

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 12/23 Respondent: Pima Ventures LLC 5225 E Pima St Tucson, AZ 85712

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 12/23 March 14, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-13181

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for March 21, 2024 at 09:00 AM to determine the current status of the items listed on the issued Directive.

The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.

Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.

Sincerely,

John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 12/23 Complainant: Ryan McMahon 14771 W Red Feather Lane Marana, AZ 85653

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: Pima Ventures LLC 5225 E Pima St Tucson, AZ 85712

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case No.: 2023-13181 Investigator: John Smith Inspection Date: Thursday, March 21, 2024 Inspection Time: 09:00 AM

Complainant: Ryan McMahon

Respondent: Pima Ventures LLC

Compliance Jobsite Inspection

Present for the Complainant: Ryan McMahon Present for the Respondent: Hector Rubio Also Present: Albaro Lopez Varela of Endurance Heating & Colling, LLC, and Jim Norden of Capitol Floors Inc. Number of days allowed for corrective work per the Directive: • Originally issued allowing 21 days. • Then extended an additional 28 days Number of days from issuance of the Directive to this inspection: 59

Compliance Findings: The respondent has not taken appropriate corrective action to comply with the Directive. Governing Rule: A.R.S. § 32-1154(A)(22): Failure to take appropriate corrective action to comply with this chapter or with the rules adopted pursuant to this chapter…

Compliance Jobsite Inspection General Notes: This Compliance Inspection was to evaluate the current conditions of item(s) requiring corrective action as stated on the Directive. Those item(s) are listed below.

Complaint Item 1: “Complete home renovation without any permits. Per Pima County no permits were obtained. Sale documents indicate work was completed by licensed contractors. This home was listed for sale as being renovated by a licensed AZ contractor utilizing licensed sub-contractors. After moving in and finding issues, it appears the work may have been completed without proper permits or inspections.;” Investigator’s Observations from the initial inspection: Verified. This project included: • Replacing a water heater • Replacing windows o Replacement windows included modifications to exterior wall framing. • Building a deck that is more than 30 inches above grade This is all permit required work was performed without a permit being obtained. Governing Rule: A.R.S. § 32-1154(A)(2)(b): Departure from or disregard of: (b) A building code... Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9- 108(b): A contractor shall perform work in accordance with any applicable building codes... 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9- 108(b): A contractor shall perform work in accordance with any applicable building codes... Compliance Inspection Findings for this item: This has NOT been corrected. The Warning Letter for no permit was issued 12/5/2023 The Directive was issued 1/22/2024 The permit not applied for until 2/12/2024 The permit application does not include modifications to framing for new sizes and new locations of windows. The permit application does not include modifications to plumbing. The permit application was incomplete. • Included in an email from Pima County, dated 3/12/24 at 7:02PM “Upon review of the FPUP application, the District has determined that all of the information or documentation required pursuant to Section 16.20.020 of the Ordinance has not been submitted. As such, the application is not complete.”

Complaint Item 6: “There are areas of the floor inside the home that are soft” Investigator’s Observations from the initial inspection: Verified. There are areas of soft subflooring, with excessive deflection, noticeable through the installed flooring. Quoted from Substantive Policy Statement 2017.01 Acceptance of the Surface • "As a general principle in construction, a subcontractor who performs work on top of a surface prepared by another accepts the surface. The subcontractor should have inspected the surface for any flaws or defects that would affect the work he proposes before performing the work. If he found the surface to be unacceptable, he should have called any defects to the owner's or general contractor's attention so that the owner can choose whether to pay for the defective surface to be corrected or if the owner is not willing to pay to correct the surface, the contractor may obtain an explicit warranty disclaimer." Source: Deebv. Check s Epoxy , No. 2014A-3258 (ALJ Decision at 11:11- 19). Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9- 108(a) A contractor shall perform work in a professional and workmanlike manner. Compliance Inspection Findings for this item: This has NOT been corrected. Some work has been performed; however, the current conditions do not meet ROC Workmanship Standards. • Areas recently worked on are excessively wavy, specifically noticeable in the kitchen, near the living room. • Areas not worked on are still soft with excessive deflection, including but not limited to, the living room, and around toilets. • Kitchen vinyl flooring was removed, then re-installed with a seam across the full width of the room, approximately eight inches from the end of the room.

Complaint Item 9: “Full bathroom renovations were completed. Sewer gas smell from tub in jack and jill bathroom.” Investigator’s Observations from the initial inspection: Verified. Based on third party inspection information submitted by the complainant on 1/31/2024, new plumbing drains below the tubs/showers do not have required traps. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9- 108(a) A contractor shall perform work in a professional and workmanlike manner. Compliance Inspection Findings for this item: This has NOT been corrected. Corrective work has not started. Due to an incomplete permit application, a permit for this work has not yet been issued.

Complaint Item 11: “Waste pipes added and changed. Waste pipes leaking under trailer.” Investigator’s Observations from the initial inspection: Verified. Based on third party inspection information submitted by the complainant on 1/31/2024, new plumbing drains below the tubs/showers do not have required traps. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9- 108(a) A contractor shall perform work in a professional and workmanlike manner. Compliance Inspection Findings for this item: This has NOT been corrected. Corrective work has not started. Due to an incomplete permit application, a permit for this work has not yet been issued.

Complaint Item 13: “Potential missing P-traps.” Investigator’s Observations from the initial inspection: Verified. Based on third party inspection information submitted by the complainant on 1/31/2024, new plumbing drains below the tubs/showers do not have required traps. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9- 108(a) A contractor shall perform work in a professional and workmanlike manner. Compliance Inspection Findings for this item: This has NOT been corrected. Corrective work has not started. Due to an incomplete permit application, a permit for this work has not yet been issued.

Complaint Item 18: “Concern about trap setup.;” Investigator’s Observations from the initial inspection: Verified. All visible areas below the kitchen sink and bathroom vanities have P traps. Based on third party inspection information submitted by the complainant on 1/31/2024, new plumbing drains below the tubs/showers do not have required traps. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9- 108(a) A contractor shall perform work in a professional and workmanlike manner. Compliance Inspection Findings for this item: This has NOT been corrected. Corrective work has not started. Due to an incomplete permit application, a permit for this work has not yet been issued.

Complaint Item 19: “Water heater replaced. No inspection for proper installation.;” Investigator’s Observations from the initial inspection: Verified. This project included: 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 • Replacing a water heater • This is permit required work was performed without a permit being obtained. Conditions observed during this inspection: • The pipe from the TPR (Temperature and Pressure Relief) valve does not extend to the exterior of the home, and does not terminate within six inches of the ground. • The secondary drain pan under the water heater does not drain to the exterior of the home. • The water heater chimney/flue is not properly connected near the top of the water heater closet. • Does not have combustion air as required by the manufacturer. o As stated by the manufacturer: “requires a minimum free area of 100 square inches. Opening should be on the outside access panel (door) to draw fresh outside air. Cut door opening commencing within 12” of the floor. Suggested protection for air opening is 1/4" minimum metal mesh screen.” • This water heater is not braced in accordance with manufacturer requirements. o As stated by the manufacturer: “This water heater must be braced, anchored, or strapped to avoid falling or moving…” Governing Rule: A.R.S. § 32-1154(A)(2)(b): Departure from or disregard of: (b) A building code... Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9- 108(b): A contractor shall perform work in accordance with any applicable building codes... Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9- 108(b): A contractor shall perform work in accordance with any applicable building codes... Compliance Inspection Findings for this item: This has NOT been corrected. Corrective work has not started. Due to an incomplete permit application, a permit for this work has not yet been issued.

Complaint Item 20: “Windows and doors were replaced and leak inside the home. Front and side door leak.. Water runs down the walls and pools in the window frames.;” Investigator’s Observations from the initial inspection: Verified. This project included: • Replacing windows • Replacement windows included modifications to exterior wall framing. • This is all permit required work was performed without a permit being obtained. Included in the respondent’s emailed response to this complaint: • Windows and doors may require resealing, caulking and/or painting, to repair leaks. Provided the opportunity is given, Pima Ventures will address. Governing Rule: A.R.S. § 32-1154(A)(2)(b): Departure from or disregard of: (b) A building code... Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9- 108(b): A contractor shall perform work in accordance with any applicable building codes... Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9- 108(b): A contractor shall perform work in accordance with any applicable building codes... Compliance Inspection Findings for this item: This has NOT been corrected. Corrective work has not started. Due to an incomplete permit application, a permit for this work has not yet been issued.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Complaint Item 22: “Verify deck was constructed per code. Potential footing issues. Does not appear to be fastened.;” Investigator’s Observations from the initial inspection: Verified. This project included: • Building a deck that is more than 30 inches above grade • This is all permit required work was performed without a permit being obtained. Conditions observed during this inspection: • Openings is guard rails exceed four inches. o International Residential Code (IRC) R312.1.3 Required guards shall not have openings from the walking surface to the required guard height that allow passage of a sphere 4 inches in diameter. • Materials used are not preservative treated. o International Residential Code (IRC) R507.2.1 Wood materials shall be No. 2 grade or better lumber, preservative treated in accordance with section R317… o R317.1 Protection of wood and wood-based products from decay shall be provided in the following locations by the use of naturally durable wood or wood that is preservative-treated… o 2. Wood framing members that rest on concrete or masonry exterior foundation walls and are less than inches from the exposed ground. o 6. Wood structural members supporting moisture-permeable floors… o R317.1.1 Field treatment. Field-cut ends, notches and drilled holes of preservative-treated wood shall be treated in the filed… o R317.1.4 Wood columns shall be approved wood of natural decay resistance or approved pressure- preservative-treated wood. • There is no graspable handrail on either side of the stairs. o R311.7.8 Handrails shall be provided on not less than one side of each flight of stairs with four or more risers. o R311.7.8.5Grip size. Required handrails shall be of one of the following types or provide equivalent graspability.  1.Type I. Handrails with a circular cross section shall have an outside diameter of not less than 11/4 inches (32 mm) and not greater than 2 inches (51 mm). If the handrail is not circular, it shall have a perimeter of not less than 4 inches (102 mm) and not greater than 61/4 inches (160 mm) and a cross section of not more than 21/4 inches (57 mm). Edges shall have a radius of not less than 0.01 inch (0.25 mm).  2.Type II. Handrails with a perimeter greater than 61/4 inches (160 mm) shall have a graspable finger recess area on both sides of the profile. The finger recess shall begin within 3/4 inch (19 mm) measured vertically from the tallest portion of the profile and have a depth of not less than 5/16 inch (8 mm) within 7/8 inch (22 mm) below the widest portion of the profile. This required depth shall continue for not less than 3/8 inch (10 mm) to a level that is not less than 13/4 inches (45 mm) below the tallest portion of the profile. The width of the handrail above the recess shall be not less than 11/4 inches (32 mm) and not more than 23/4 inches (70 mm). Edges shall have a radius of not less than 0.01 inch (0.25 mm). All notes about guard rails and handrails apply to both sets of steps/stairs. Governing Rule: A.R.S. § 32-1154(A)(2)(b): Departure from or disregard of: (b) A building code... Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9- 108(b): A contractor shall perform work in accordance with any applicable building codes...

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9- 108(b): A contractor shall perform work in accordance with any applicable building codes... Compliance Inspection Findings for this item: This has NOT been corrected. Corrective work has not started. Due to an incomplete permit application, a permit for this work has not yet been issued.

Complaint Item 23: “Siding work not sealed.” Investigator’s Observations from the initial inspection: Verified. This project included: • Replacing windows o Replacement windows included modifications to exterior wall framing and siding. • Painting the complete exterior Conditions observed during this inspection: • There are several siding patches specific to changing sizes and locations of windows/doors. • Unsealed and poorly sealed seams • Some seams are opening • Areas of siding seams with just caulking as opposed to manufacturer overlaps • No flashing at horizontal siding seams • Wood siding in direct contact with ground • Holes and gaps • Unfilled nail holes • Areas of moisture damage Quoted from Substantive Policy Statement 2017.01 Acceptance of the Surface • "As a general principle in construction, a subcontractor who performs work on top of a surface prepared by another accepts the surface. The subcontractor should have inspected the surface for any flaws or defects that would affect the work he proposes before performing the work. If he found the surface to be unacceptable, he should have called any defects to the owner's or general contractor's attention so that the owner can choose whether to pay for the defective surface to be corrected or if the owner is not willing to pay to correct the surface, the contractor may obtain an explicit warranty disclaimer." Source: Deebv. Check s Epoxy , No. 2014A-3258 (ALJ Decision at 11:11- 19). Governing Rule: A.R.S. § 32-1154(A)(2)(b): Departure from or disregard of: (b) A building code... Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9- 108(b): A contractor shall perform work in accordance with any applicable building codes... Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9- 108(b): A contractor shall perform work in accordance with any applicable building codes... Compliance Inspection Findings for this item: This has NOT been corrected. Corrective work has not started. Due to an incomplete permit application, a permit for this work has not yet been issued.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Performing permit required work without a permit being obtained Investigator’s Observations: This project included: • Replacing a water heater • Replacing windows o Replacement windows included modifications to exterior wall framing. • Building a deck that is more than 30 inches above grade This is all permit required work was performed without a permit being obtained. Governing Rule: A.R.S. § 32-1154 (A)(2)(b): Departure from or disregard of: (b) A building code... Governing Rule: A.R.S. § 32-1154 (A)(3) - R 4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9- 108(b): A contractor shall perform work in accordance with any applicable building codes and professional industry standards… Building Code: IRC (International Residential Code) R105.1: “Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.” REQUIRED CORRECTIVE ACTION: The Respondent is to obtain any and all required building permits from the Local Building Authorities prior to making corrections listed in this Directive. If the local jurisdiction finds corrective issues relating to the respondent’s work, the respondent will be required to correct those issues by appropriate means. The respondent is required to satisfy all requirements of the local building official, and to submit a copy of the approved inspection results to the ROC Investigator. Compliance Inspection Findings for this item: This has NOT been corrected. The Warning Letter for no permit was issued 12/5/2023 The Directive was issued 1/22/2024 The permit not applied for until 2/12/2024 The permit application does not include modifications to framing for new sizes and new locations of windows. The permit application does not include modifications to plumbing. The permit application was incomplete. • Included in an email from Pima County, dated 3/12/24 at 7:02PM “Upon review of the FPUP application, the District has determined that all of the information or documentation required pursuant to Section 16.20.020 of the Ordinance has not been submitted. As such, the application is not complete.”

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 • Replacing plumbing fixtures and components Work related to plumbing and electrical is not within the scope of the respondent’s license. Governing Rule: A.R.S. § 32-1154(A)(16): Knowingly contracting beyond the scope of the license or licenses of the licensee.

Aiding and Abetting Investigator’s Observations: The respondent hired Richard Gaines DBA AZ Sam Services, LLC to perform contracting work on this project. • Richard Gaines is not a licensed contractor. • Mathew Skidmore is the recorded owner of respondent company. • Mathew Skidmore is the recorded owner of the entity that sold the property. • Mathew Skidmore does not qualify for any exemptions under A.R.S. § 32-1121. Additionally, an email from Hector Rubio, the Qualifying Party for of Pima Ventures LLC, includes: • “Renovations were completed under a licensed contractor (Pima Ventures), utilizing non-licensed technicians, where appropriate…” Governing Rule: A.R.S. § 32-1154(A)(9) Attempting to evade this chapter by: • (a) Aiding or abetting a licensed or unlicensed person. • (b) Acting or conspiring with a licensed or unlicensed person. • (c) Allowing one's license to be used by a licensed or unlicensed person. • (d) Acting as agent, partner, associate or otherwise of a licensed or unlicensed person.

Note:

Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,

John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Complainant: Ryan McMahon 14771 W Red Feather Lane Marana, AZ 85653

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Respondent: Endurance Heating & Cooling, LLC 5225 E Pima St Tucson, AZ 85712

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 December 5, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-13800