2023A-14169-CHC-ROC Notice of Hearing and Packet MAILED

2023A-14169-CHC-ROC · Registrar of Contractors · 2024-04-26

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Jennifer Bruner , Case No. 2023-14169 COMPLAINANT, Docket No. 2023A-14169-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Bill's Pool Service Inc DBA: Money’s Worth Pool Construction License No. ROC 227545, 127739

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

June 4, 2024 9:00 AM Amy Haley 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 21, 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)(3)-R4-9-108(c)

Charge: 2 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 April 18, 2024.

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

Copy mailed via USPS First Class mail April 18, 2024 to:

Respondent(s) Bill's Pool Service Inc DBA: Money’s Worth Pool Construction 515 E Carefree HWY PMB 356 Phoenix, AZ 85085

Complainant(s) Jennifer Bruner 1909 W Tanya Trl Phoenix, AZ 85086

Copy sent electronically this same date to:

Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar

Case No. 2023-14169 /

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: Jennifer Bruner 1909 W Tanya Trl Phoenix, AZ 85086

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: Bill's Pool Service Inc DBA: Money's Worth Pool Construction 703 e carefree hwy phx, AZ 85085

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 20, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-14169

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for January 10, 2024 at 12:00 PM. 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, Joey Chester Joey Chester, Investigator 602 7716737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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. 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.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Complaint #2023-14169 P 1 JSI date 1/10/2024 at 12:00 PM JSI PHOTOS Complaint #2023-14169 P 2 JSI date 1/10/2024 at 12:00 PM JSI PHOTOS Complaint #2023-14169 P 3 JSI date 1/10/2024 at 12:00 PM JSI PHOTOS Jobsite Inspection Notes

Case No.: 2023-14169 Investigator: Joey Chester Inspection Date: January 10, 2024 Inspection Time: 12:00 PM

Complainant: Jennifer Bruner Respondent: Bill's Pool Service Not Present: Inc Not Present:

Jobsite General Notes: JSI occurred on Wednesday January 10, 2024 at 12:00pm. Homeowners Jennifer and Tony Bruner were both present along with Bill with Bill’s Pool Service. JSI photos taken with my Google Pixel Phone camera. JSI audio recorded with my Google Pixel Phone camera. JSI photos and audio have been placed into the ROC complaint file.

Complaint Item: • ZERO communication initiated from William Miles Griffin on what the plan is to complete the pool build. • We have had a ~7 foot deep hole in our backyard for over 5 months, which has been eroded due to seasonal rain showers. •We have called William Miles Griffin 1 to 2 times weekly from September to November. with only 2 return communications, both via a text message. His replies are vague, and we never get a straight building plan, schedule. He explained the build is waiting on permits. •On 12/10/2023: 1- We went to the business address and it is posted on the front door the company is no longer open. 2- We called the contractor business number (623) 582-2455, and the business number has been disconnected. •We would like a return on our investment so we can hire a reputable contractor to build us a pool. Investigator’s Observation: At the time of the inspection the job is incomplete, Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions by March 1st, 2024. Governing Rule: R4-9-108 B: A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Complainant: Jennifer Bruner 1909 W Tanya Trl Phoenix, AZ 85086

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: Bill's Pool Service Inc DBA: Money's Worth Pool Construction 703 e carefree hwy phx, AZ 85085

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 17, 2024

License No. ROC 227545

Re:Complaint No. 2023-14169

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 March 1, 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 reasons 1, 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 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 Investigator’s Observation: At the time of the inspection the job is incomplete, Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions by March 1st, 2024. Governing Rule: R4-9-108 B: A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

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

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

Sincerely,

Joey Chester Joey Chester, Investigator 602 7716737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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 #2023-14169 P 1 CJSI date 3/19/2024 at 12:00pm CJSI PHOTOS Complaint #2023-14169 P 2 CJSI date 3/19/2024 at 12:00pm CJSI PHOTOS Complaint #2023-14169 P 3 CJSI date 3/19/2024 at 12:00pm CJSI PHOTOS Complaint #2023-14169 P 4 CJSI date 3/19/2024 at 12:00pm CJSI PHOTOS Complaint #2023-14169 P 5 CJSI date 3/19/2024 at 12:00pm CJSI PHOTOS Complaint #2023-14169 P 6 CJSI date 3/19/2024 at 12:00pm CJSI PHOTOS Complaint #2023-14169 P 7 CJSI date 3/19/2024 at 12:00pm CJSI PHOTOS Complaint #2023-14169 P 8 CJSI date 3/19/2024 at 12:00pm CJSI PHOTOS Complaint #2023-14169 P 9 CJSI date 3/19/2024 at 12:00pm CJSI PHOTOS Complaint #2023-14169 P 10 CJSI date 3/19/2024 at 12:00pm CJSI PHOTOS Complaint #2023-14169 P 11 CJSI date 3/19/2024 at 12:00pm CJSI PHOTOS Complainant: Jennifer Bruner 1909 W Tanya Trl Phoenix, AZ 85086

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: Bill's Pool Service Inc DBA: Money's Worth Pool Construction 515 E Carefree HWY PMB 356 Phoenix, AZ 85085

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.: 2023-14169 Investigator: Joey Chester Inspection Date: Tuesday, March 19, 2024 Inspection Time: 12:00 PM

Compliance Jobsite General Notes: CJSI occurred on Tuesday March 19th 2024 at 12:00pm, Homeowner Jennifer bruner was present along with respondent Bill from Money's Worth Pool Construction. CJSI photos taken with my Google Pixel Phone camera. CJSI audio recorded with my Google Pixel Phone camera. CJSI photos and audio have been placed into the ROC complaint file.

Compliance Findings:

Note:

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,

Joey Chester Joey Chester, Investigator 602 7716737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Jennifer Bruner, Case No. 2023-14169 COMPLAINANT, v. Bill's Pool Service Inc., CITATION DBA: Money’s Worth Pool Construction License No. ROC 227545, 127739

RESPONDENT.

The Registrar issues this Citation to Bill's Pool Service Inc. DBA: Money’s Worth Pool

Construction (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this

Citation by April 5, 2024, then under A.R.S. § 32-1155(C), Respondent’s failure to answer

may be deemed an admission of the act or acts charged in the underlying complaint, and the

Registrar may then suspend or revoke Respondent’s licenses.

THE WRITTEN COMPLAINT

On December 12, 2023, Jennifer Bruner (“Complainant”) filed a written complaint with

the Registrar. A copy of that Complaint is attached to this Citation.

A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT

The Registrar investigated this matter and finds cause to charge Respondent with

violations of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged

with violating:

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :1 A.R.S. § 32-1154(A)(3)-R4-9-108(c) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held.

If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s licenses may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s licenses should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-14169. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than April 5, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s licenses. THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D).

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current licenses status may be considered as a mitigating or aggravating factor in determining the appropriate discipline.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21

EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s licenses should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated March 21, 2024. By: /s/ Doug Ulmer Doug Ulmer Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, March 21, 2024 to: Respondent Certified Mail No: [number redacted] Bill's Pool Service Inc. DBA: Money's Worth Pool Construction 515 E Carefree Hwy PMB 356 Phoenix, AZ 85085 Copy mailed by USPS First Class mail this same date to:

Respondent Bill's Pool Service Inc. DBA: Money's Worth Pool Construction 515 E Carefree Hwy PMB 356 Phoenix, AZ 85085

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Respondent Bill's Pool Service Inc. DBA: Money's Worth Pool Construction 38108 N. 11th Ave. Phoenix, AZ 85081

Complainant Jennifer Bruner 1909 W Tanya Trl. Phoenix, AZ 85086

Copy sent electronically this same date to:

Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar

Case No. 2023-14169/du

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Received 4/5/24, 3:10 PM State of Arizona Mail - case 2023-14169 4/05/2024 ROC Legal

Answers - AZROC <[email redacted]>

case 2023-14169 message

Moneys Worth Pool construction <[email redacted]> Fri, Apr 5, 2024 at 2:42 PM To: "[email redacted]" <[email redacted]>

Here is my written answer to the citation. First of all I am not required to have a retail office. Due to the economy I have closed my office. I did have problems getting my office phone transfered but everything is back up and running as in the past 27 years. I have done several thousand pools in this area. We work off referal only and are reputable. After the Roc inspection in Febuary 2024 I have mucked the pool set plumbing , steel and bonding and called for pregunite inspection. We are ready for shotcrete! In Nov, Dec, January and February we received alot of rain. We had 2 weeks of rain in February alone. (contract exemption pg 2 section e) This site is impossible to

https://mail.google.com/mail/b/AEoRXRSt3vDF1yp1BZq3Cu7S4Hk9PPL6mCiyJfUXN-xPMaTCWf6z/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 1/4 Received 4/5/24, 3:10 PM State of Arizona Mail - case 2023-14169 4/05/2024 ROC Legal

work in after rain on this job due to clay in the soil. The contract was signed on 8/1/23. After drawing a site plan and ordering engineering. I submitted the permit to the portal on 8/7/23. for review. The first issue on the review was the wrought iron fence that the homeowner was going to install on the backside of the property for a pool barrier. The county did not accept this. We had to move the wrought iron position to a location around the pool . The county also discovered that the existing CMU East and West walls did not have a final inspection when built at least 15yrs ago. I had to submit a Minor Misc /Compliance inspection request for these walls. The homeowner was there for this inspection. It passed. Due to the floodway on the property this required many revisions and resubmittals the permit was not issued until 10/25/2023.

https://mail.google.com/mail/b/AEoRXRSt3vDF1yp1BZq3Cu7S4Hk9PPL6mCiyJfUXN-xPMaTCWf6z/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 2/4 Received 4/5/24, 3:10 PM State of Arizona Mail - case 2023-14169 4/05/2024 ROC Legal

I have talked to Tony (husband) several times during the permitting and told him about the floodway on the back of the property. This was slowing the permit process. I have resubmitted 3 times for this permit. When I came over to lay out the pool the homeowners wanted the pool a little closer (about ten feet) to the existing shop. At the pregunite inspection the inspector wanted me to resubmit a new site plan to the county. She also called out that the pressure was low on the plumbing and that the steel cage on dobies had sunk in the mud by one inch. We always pull up adjust the steel cage when we shoot a pool. The plumbing pressure issue was a bad gauge. I also had to submit for a mesh fence pool barrier instead of wrought iron that was on the contract that was changed by the customer. after permit was issued.

https://mail.google.com/mail/b/AEoRXRSt3vDF1yp1BZq3Cu7S4Hk9PPL6mCiyJfUXN-xPMaTCWf6z/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 3/4 Received 4/5/24, 3:10 PM State of Arizona Mail - case 2023-14169 4/05/2024 ROC Legal

At this time the homeowner had had enough and fired me. I have done nothing wrong the contract (pg section f)says 240 days of construction after permit. When there is flood on the property permits do not move quickly thru the system. Thanks Bill Griffin rojan roc citation.pdf 8485K

https://mail.google.com/mail/b/AEoRXRSt3vDF1yp1BZq3Cu7S4Hk9PPL6mCiyJfUXN-xPMaTCWf6z/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 4/4 Received 4/05/2024 ROC Legal

Money's Worth Pool Construction 703 E Carefree st 105 Estimate Phoenix, Az 85085

Name / Address

Roj ahn, Anthony, Bruner, Jennifer 1909 W Tanya Trl l\rlaricopa County, Az 85086 208-297 -9178 [email redacted]

payment provisions Rep

Ll - /., grif

Qtv Descripiion Rate Total

I Basic pool 80li perimeter including- play pool -3s'--f depths, 3 steps, one bench building permit up 33,500.00 33,500.007 to $600. 00 .structural engineering ,layout,normal excavation 12ff access, removal ofsoil, skimmer with 2" line w split main drain ,schedule 40 PVC plumbing w equipment pad,three retums 1.5", ball valves, dedicated suction line, Pentair Rebel pool cleaner, Superflow Variable speed main pump ,Clean and Clear 320 sq ft cartridge lllter or equivalent, waterlevelor w pr€ssure break€r, l5 ft run, l5 Ft plumbing run, 50ft electric run, 15 ft light run , Pentair Glowbrite LED light w GFCI, el€ctrical hookup and bonding,Steel set by €ngineering specs, 4 bar beam, surcharge as needed , 6"-8" shotcrete thruout three steps and one bench, standard colors. 6x6 waterline tile -standard tiles, 2 coats of plaster, complete construction cleanup, brush ,pole net , chlorine feeder and test kit, startup by MW , chems by others ,barrier by owner, hard dig or limited access extra Travertine coping l2"xl2" 1.5 " standard color 26.00 2,080.007 280 Travertine Paver deck sand set standard color 16.50 4,620.007

Tony, You may need a fLnce on the South sidc ofyour property

I Subtohl ,,.urr ro Thanks tbr the opportunity to bid . This.iob bid is good for 30 days

Sales Tax (4.1%) ,,,,.ror ro

Total

Phone # Fax # E-mail Web Site

623-582-2455 621-5 r6- r 0t,l mwpoolcona4Jmsn.com moneysworthpools.qom Received 4/05/2024 ROC Legal

i,,Ji':E'.,'5',r'rJi1it i1,f i :i,-is:i.i':'i; r. t-:: :r:5 :ziai:-:e;,.,.,r:. i-rl;5- i,-:ta;e,.r,rr, i.;;.:a,.:i t-15 Ltj = ... . r.: ----:l:, li-:.1:.: :.-: 113:i,i:,. ji :;y.i,: ,, -:li-r- -- :...]=::::::_,,ii_, RESIDENTIAL CONSTBUCTION CONTRACT - New Build This Residential Construction "Contract") 1s made between Money's Worth Pool Construction and is for the purpose of installirig a new upon s property. Buyer warants that s/he is legal representative of the property on which install will occur and accepts all responsibility to provide information required for Builder to legally install the pool described by this Contract.

Propertylocatior. APN, 2r 3,.3 /'2?ZJ Mailing Address:i9oz fuAat1ofa u/ na'J/,t TB L countv,

Estimate#: ZOztS't7 Phone: c.\-zPf - z?7'?/76 Email Address(s), fl rU( 1) Payment Schedule (Approximate):

15% Down Payment: lu13z -70aa Pb Y+, 25% upon Start o{ Dig: i0L(r0 25%o upon Start of Shotcrete Install

25% upon Start of Application of

Decl/Coping .a4 10% upon Final Iuspection but prior to application of interior material (A.R.S.) " 4lH' TOTAL: r 4f ,612'r This Contract provides for no Change Orclers per Buyer request.

Builder cannot move forward with the ordering and purchasing of product nor required equipment. nor with the completion of phases of work without agreed upon scheduled payments. Builder will give Buyer adequate time to produce scheduled payment in a timely manner. All gcheduled payments wiII be required

Buyer Initials_/ Page 1 Received 4/05/2024 ROC Legal

2) f, uilder Responsibility

a) Bui]d.er agrees to measure, review, design, plan and execute schedulett install according to Contract, according to existing State County and City codes and regulations, according to any and all sigrred Change Orders, and to gain final inspection approval for Buyer'

b) Builder agrees to install pool according to A.R.S., State, County and Federal Environmental & Health fugulations, anil within ROC professional guidelines. Builder agrees to conform to all known building codes, guidelines and contract specifications.

c) Builder agrees to provide Buyer with written information in this Contract concerning rights ofBuyer regarding home solicitation an{ referral sales pursuart to A.R.S. Tiile M, Chapter 15, a copy of which may be obtained by contaeting the Arizona Secretary of State, 1700 W Washington, 76 Floor, Phoenix, Arizona 85007, or by calling toll free 1-800-458-5842, or by website address www.soeaz.com (A.R.S.32- 1158.014.4).

d) Builder agrees to appraise Buyer of any and all unusual conditions which may affect the timing, location or design of the'inetall, ancl to work with Buyer to produce a reasoiable eolution frr any conditions known or not known to Buileler anct which may affect original scope of contractetl work.

e) In the unlikely occurrence of events out of Buildels control, for instance, weather, untested soil conditions, debris or impediments on location, etc. Builder reserves the right to stop contracted work. If the event is ilue to lack of Buyer payment or ilue to payment made with error, Builder reserves the right to cease working and to demand any payment(s) d.ue be paid. immediately by Buyer. If event(s) occur and Builder is at fault, Builder agrees to inmediately seek audience with Buyer and/or to initiate appropriate activity to correct the fault.

l) Builiter agrees that a normal contracted timefrane for oew pool install is approximately 240 days; however, Builder cautions that ilelays may oecur clue to seasonal changes, change orders, availability of materials and costs, equipment failure, city/county inspection schedules, etc. Builder will make every attempt to reiluce delays; however, Builder will not be held accountable in the unlikely occugence of eveots out of Buildet's control. Due to current Market Conditions, price of materialg may fluctuate. If fl.uctuation of materials occurs by more than 10% above normal cost, a change order will be required.

g) Builder considers Buyet's pool as a'Custom" pool and as a result, pool will be constructed per design to be approved by buyer. Buyer and Builder agree that no approved physical layout of Buyer pool exists at time of signing but pool layout and build will corresponal to and in accordance with the provisions of Estimate 2016304. h) Builder retains the position of GC for the purposes of this Contract and any and all Change Orders and is solely allowecl to issue any lien wavers of any kind'

i) In the unlikely event of arbitration due to neglect or to circumstances allowing for failure of the completioo of Contract, Builder and. Buyer agree to review and arbitration by the legal courts of Maricopa County, Arizona, and to abide by the decision handed down. In the event that Buyer attempts to bring legal action against the Builder that is found to be facetious or without legal basis, Buyer agrees to pay all Builder court costs associatecl with legal activity and./or defense. "Cause" will be determined by an unnamed Page 2 Received 4/05/2024 ROC Legal

j) Builder agrees to initiate and maintain adequate communication with Buyer through the phases of pool install and to address questions with patience and forbearance.

3) Fuyer Responsibility

a) Pursuant to A.R.S. 32-1158.01.4.1, Buyer has right to request standard Contractor's Payment and Performance Bonds (hereafter "Bond') from Builder securing the completion of the work and payment for services and materials. Buyer bears cost of the Bond. Builder cannot charge a surcharge or service fee if Buyer elects to obtain Bond. If both Buyer and Builder agree to a Bond, then the requirements of the payment provisions of A.R.S. 32-1158.1.A.2 may be changed to reflect agreement between Buyer and Builder (A.R-S. 32-1158.01.8).

b) Buyer understands that under A.R.S. 32-1155, a client of a licensed contractor has the right to file a written eomplaint with the Arizona Registrar of Contractors (hereafter "ROC") within two years of the commission of an act in violation of A.R.S. 32-1154.A. Written material regarding procedures of the ROC for resolution of disputes with licenged contractors or a copy of the State law contained in AR.S. 32-1158.01 m6y be obtained by contacting the ROC, 8OO W Washington, 6tn trloor, Phoenix, Arizona, 85007, or toll free 1-888-271-9286, or by email at [email redacted], or at wwrr.rc.state.az.ua (A.R.S. 1158.01.A.3),

c) Buyer agrees that the scope of work as described in Estimate and in Contract, and that the value of the Estimate, does not include any financing, interest or gervice fees. Failure to comply with item 1) Payment Schedule is a breach of this Contract, and all \rork will cease immediately until the breach is repaired.

d) Buyer agrees to immediately present paJment to Builder upoo sigrring of any Change Orders or upon discovery of events described under 2) Builder ResponsibiJity c, d, and e; or other unnamed evente out of the control of the Builder and for which payment is required in order to complete the pool install.

e) In the unlikely event of cessation of work for as yet an unnamed event out of the control of the Builder, or if work does not resume as a result of faiJ.ure ofBuyer to present payment to correct the event, Buyer understands that Builder will not warrant the work, and that Buyer may experience cancellation of any and all warranties in the event of prolonged delay of the scope of work.

I Buyer warrants s,tre is owner of the property and has legal right, or is in an authorized legal pooition, to give permission for the completion ofpool install per this Contract.

g) Buyer agrees to supply all necessary electrical service to run equipment and accessories required by the Builder.

h) Buyer agrees to supply all necessary barrier fencing, safety corridors, and protection devices required on contracted site, and to remove all impediments, to enable continuous safe access and storage for personnel, product and machinery, in order for Builder or authorized Builder representative to perform the scope of work as rlescribed in the Contract. At all times, Buyer agrees to exercise safety, caution and common sense due to close proximity of Buyer to work job site. Safety guidelines invoked may be those of local City, State, Federal or County government, those of the suppliers, or guidelines of the Builder or authorized Builder representative.

Buyer Initials .4,l* / Page 3 Received 4/05/2024 ROC Legal

3) Bu:rer Respollsiioili',iy, eon'ri"

i) Buyer agrees io aecurateiy pr:seat legal bouodar:ies of prope:ty and ngiris, and to ad-'rise tsiriider ofproperi;7 lines, setbacks, vanailces, easements, sprilkler systerns, locaticn or" uiili ties (water, gas, septic, electric, cable, etc), etc. Euitrder accepts no responsibility for repair if Buyer has not fultry dieclosed loea,r;ions of equiprnent, personal items or utilities. Euyer agrees to a-Inov,r lJtinity ser"vices (EIue Stakes).io walk the propedy ta d.i.scover and mark any underground as wel.l as visible utiiities or ]:ites :orhich rnight be cla,naged if undetected in the airea(s) of conirac.ied work' Buyer uaderstands tha-t electnc lines or junction box{s) may need'io be drslocai;ed / relocaied / upgraded per City CoCe and will be fisloeaied / reloca'"ed / upgraded at Buyer €xpense. Buyer also 'rdarrants thai the pooi site is legally pcsitioned, and the Euyer has legal au'thorization to mal<e d-ecisiong concerning the Contract and concerning any and all signed Change Orders'

j) tsuyer understands that Eu.ilder aautions against any plaeement of planters or plas:tic ground cover on, or closer than, three (3) feet to, pool deck, and Builder accepts no respousibili.ty for repairs due to water runoff, inadequate tlrai.nage, cracking or settling occurring on any portion ofthe ecope ofthe work which may have been caused. by the placement ofpienters, plastic, inadequate drainage or inappropriate landscaping, and which may affect the esthetic, visua.l or structural integriiy of the pool. This determination will be made by a g.a party environrnental engineer licensed as a P.E. in the state ofAZ.

k) Buyer acknowledges that actual pool depth / dimensions are withi-n a variance of (+ or, three to five (B - E) percent (%). Buyer acknowledges that craeks in the concrete due to settling will not be repaired if width of cracking is equal to or less than one half (%) ofan inch- This provision applies only to the patio decking surrounding the pool and not the shell ofthe pool. The shell of the pool will be warrantied for any cracking. Buyer acknowledges that tile instafl rn ileck surface may crack due to movement of concrete. Buyer agrees to holcl Builder harm]ess as none of ihese everris carr be wafrailied. crack is defined as "pccl ohell leakage".

l) Buyer acknowledges that in the Fhoenix, Arizona Metro alea, a condition known as expansion soil may exist and which over the course of time may cause damage to the pool, spa and /or decking. Buyer agrees Builder strongly recommended so tesiing by an independent unnamed laboratory, and Buyer agaees to accept liabfiiy t /ith the exception oithe Gunite shell, which would be repaired at Builder expense) in the eveo'r additional costs may incur due to the presence of e:rpansion soil. Dama.ge is defined and limited io pool ehell lea.kage'

in) Euyer ackno.nleolges that ff during excavation, i'c is discovered that unusLral rocjr aonditlons eriist that are outside of the scope of v,rork, commor y referred io as a "hard dig during which excavation cannot occur with usual machinery, usuaLly a backhoe or bobcat, thai additionai " cost to excava'te may occur and Buyer agrees io imaediate payme{r'r of the addiiiona-l cost of the exca.uation and disposal of sxca.rated materials- If unusual rock condiiions are such as to require additional gunite (commonly knovrn as'o-zerbreak') for proper install of i;he poo1, Buyer agrees to payment of any extra gunite required to complete ihe pool install. For this Buyer property solely, costs for a hard. dig are inctruded.

n) tsuyel agrees t}-lat in order io coinplete ihe scope of contracted \,vork, rem.oval of an erdBiing pre-exis'ling landscaping, eic' srir,-ic'rure, ficoring, e;rposed- sur:face, safet/ barEer s'.rch as a fence,

Br-ilier initials Received 4/05/2024 ROC Legal may be necessary. Buyer acknowledges that if replacement is outlined in the scope of work in the Contract, the replacement or restructuring may not be a perfect match between old and new material(s), and that Builder will match as closely as possible to existing material(s).

3) Buyer Responsibility, con't.

o) If Buyer acknowledges that the pool install exists in a frll area, and the fill area exceeds three ancl one ha]f (3.5) feet in depth, that the Buyer will provide to Builder prior to start of excavation, at Buyer expense, a moisture density test result by an independent unnamed laboratory stating the dry density is compacted to a minimum of ninety-five (95) percent (%). If test result does not indicate the dry density is compacted to a minimum of ninety-five (95) percent (%), Buyer agrees to be responsible for costs bringing the dry density to a minimum of ninety-frve (95) percent (%).

p) Buyer agreee the ground fault interrupter (GFI) will be provided for the pool Ught only. Other provisions required by local codes on existing outlets will be modified and paid for only at the request o{ and payment by, Buyer. q) Buyer understands that shotcrete materia.ls must be 'watered to cure properly and. Buyer accepts responeibility for this activity according to the instruction of the Builder or authorized Builder representative.

r) Buyer acknowledges Builder has advised that cap tile vertical grciut joints will not necessarily line up with six by six (6 ' x 6") inch vertical grout joints of water line tile. Buyer acknowledges that Builder strongly recommendg installed systems which deflect water runoff away from the pool, provide for backwash tlisposal and a]Iow proper drainage. Buyer acknowledgeo a condition referred to as 'eflorescenee", a white powdery substance that may appear on concrete surface(s), is a naturally occurring event and not a defect in the concrete material(s). Buyer acknowledges frnancial responsibility for grading outside the scope of the Contract. Buyer understands Builder is not responsible for water frll of pool after completion.

s) Buyer acknowledges responsibiJity for proper use of materials and equipment, and will follow manufacture's recommendations, and will review warranty information on materials, labor and equipment after contracted work is complete and pool is in usable condition. Contract incluiles (2) two visits for tech support after the install.

t) Buyer gives permission to Builder to photograph and distribute phases of contracted work as well as finished pool and deck for purposes of display, advertising and marketing to other unnamed Buyer(s). Builder will be diligent to not divulge proprietary information regarding location ofjobsite nor identity of Buyer unless given written permission by Buyer.

u) This is a legally binding Contract. Seek legal advice if unsure of legal consequences of sigring. v) Buyer acknowledges that distracting communication with Builder or authorized Builder representative can cause unnecessar;r delay in the work and can often result in poor performance on the part ofthe subcontractor(s) or authorized Builder representative. Buyer acknowledges s/he will not interfere in any manner with the work without prior communication directly with Builder. Received 4/05/2024 ROC Legal

w) Buyer acknovrledges ihat s/he rsili recei-.:e notice of a pre-lien docrrment proteeting boi;h Buyer and Euilaler frono unnarned u-ne:rpecied eveili;s which may occur prior to coiapietion of :i:he Ccntract.

4) Sigr,ratuire trage (Fage 6 o'f 6)

;r) Euyer ack,'iowieci.ges tha': after cornpletion of pool insi;a11, if lea-kage is aileged or suspected by the Biryer and is directly ccnnected with the insia,ll activi';y compieted by Contractor, thai Coniractor will arrange with a leak de'rection ccnpany to have pcol and equipmeni inspected for leakage. Xfno leakage is deterraii-led to be present, Buyer agrees [o ecaept report of a leak detection company and tc pay for the lea-k detection serrice call. If definite leakage is dei;ermined .Lo to be presen'c due to Contractor aciiviiy, Contraci;or will take responsibiliiry pay for the leak detection ser-rrrce call and to repair the leak at Contractor's own ev+ense.

This Contract may be canceled, without penalty or obligation and with expectation of refund of deposii, within three (3) days of signature. Cancellation is by Certified MaiJ., signature required, dated, delivered and received at: Money's Worth PooI Construction, INC, 515 E Carefree HWY, PMB 356, Phoenix, Arizona 85085. (I\lfWP O'ffice Hours: 8:00am - 4:00pm M-F) (Email: [email redacted])

Buyer acknowledges receipt, review and acceptance of Estima'ce describing scope of work, pooi riesign and buyer preferences.

Builder acknowledges rewievr of scDpe of work, BuSrer and- Euilder eontract obligations a-nil eoet of ..orork.

Fayment is preferred try credit card or by Check, made payable to Money's Worth Fool Construction. Credit card payment(s) are subject to a 3% processing fee.

E,-ryer ackno'.,r.1edges receiving Estimate, Copy of Deposit (if desired) and Copy oi Contraet. Pool design is to be d.etermi:'lec1 pe'r Euyer a:rd Euilder agreement. (See Sec'cion 2'g')

Euyer ackao-;vleclges 'chai s/he unders'rands ihai a praliea application vril1 be filed -,aith Assei Research Services duriiag the iime firarne required to eoonutrete the joh.

Y'/ '-z-z

tit]!ai

Bu'rer Ini,;ials / Page 5 Rojhan/Bruner Residence Received 4/05/2024 1909 W. Tanya TRL ROC Legal Phoenix Az. 85086

# N

A.P.N. 203-31-002P srR/25 6N 2E No City/Town zoning RU-43 PUC-0014 30' 30' Lot Size 47,850 sq. ft. 1"=30' Living Space 4,198 sq. ft.

Row jO' Future Row To Be 65'

d s o| r{ Locked 12'lRv Gate z @ All Doors to be Alarmed L+ahh Fleld

Gravel Ddveway Existing t Cl,lU Wall

_z ! Gravel Driveway nEh tun.. Min.60" 8i9h Asrllt r22s. 6o

;o -o z SC/SL Gate

6arage Pool 2440 sq. ft, Area 375 sq. ft. Per 80'

Gravel Driveway

88' From Wall to Proper8 Line

Gravel Driveway

Existlng 5' CMU Received 4/05/2024 ROC Legal

yttlcsf{,Rftow ffi ,r 0t I frL CLJz-o (.rlt a;

94.-'.'

-? /t5 rt#ttttt: ua"=1'-o"

Money's Wofth Pool Constru ction Rojhan/ Ilrunner R.esidence i-.^1,

tt .

1909 W Tanya Trl. Phoenix AZ. 85085 Pool Area 375 sq. ft, Per 8Oi VS Pump Pebble Interior Pool Light LEO Glow Brite Pool V.c Cartridg€ Filter

Construction Deck 275 sq. ft. Travertine Deck Received 4/05/2024 ROC Legal Maricopa County Combined Review Comments for the . *6(tu? 5tv' ,lvL OUICK STATUS SUMMARY AddressingReview Approved BuildingReview Revisions Needed DrainageReview Revisions Needed EnvironmentalReview Approved FloodReview Revisions Needed McDOTReview Not Routed ZoningReview Revisions Needed

*-SUBI\4IT THIS PACKET WHEN RESUBMITTING MATERIALS REQUESTED BY REVIEWERS-*

This is a Combined Review process which means all Planning and Developmenl Divisions' commenls are on this one form. All revisions requesled by the reviewers must be submitted at one lime as well. Please follow the directions outlined by the plan review staff in their comments below. ln order to continue processing your building permit in an etficient manner, please respond to comments in writing. ALL REVISIONS MUST BE SUBMITTED AT THE SAME TIME. INCOMPLETE REVISION SUBMITTALS WILL NOT BE ACCEPTED. Revisions must be submitted in person by an owner or authorized agent on the project in person at the One Stop Shop, 301 W.Jefferson Street, Suite 170, Phoenix, AZ 85003. lf the project was submitted online, upload the requested additional or revised documents via the online system.

Approval of your project will be granted when the items listed in the reviewer's comments below have been addressed or corrected.

lf you are interested in meeting with specific reviewers relating to your project, please call (602) 506-3301 so a Customer Service representative can reserve a conference room and schedule time with the reviewe(s) you need to speak with. This will help avoid trips and ensure the reviewers will be in the office to assist

Plan Review Comments #: Revision '1 Aug 25, 2023

Tracking #(s): [number redacted] Assessor Parcel #: 203-31-002P Primary Contact: Bill Griffin Phone: 602495-5254 Owner: ROJAHN ANTHONY/BRUNER JENNIFER Address: ROJAHN ANTHONY/BRUNER Email: [email redacted] Work Description: SP2O23OOO4 POOL WITH EQUIPMENT/ EXISTING CI\,1U AND WROUGHT IRON FENCE TO BE POOL BARRIER.INSPECTED IN THE FIELD Received 4/05/2024

Planning & Development Department ollt ROC Legal

REVISION / REVISED PLAN SUBMITTAL STffiF SHNP 203-31-002P B202308293 Revision 1 PnD/Buildingi Residential_'l /Pools and Spas SP2O23OOO4 POOL WITH EQUIPMENT/ EXISTING CMU AND WROUGHT IRON FENCE TO BE POOL BARRIER- INSPECTED IN THE FIELD

rAL: f resubmittal. nie of fees mu6t be paid rhy fees aSsessed during subs€ lue_n|teyiew$.1 y,rcmaining fees will be it lssuance.. ,: . ):

LIST DOCUMENTS REQUIRED Description Qtv Description Qtv Fence, Gate, Wall Details I Site Plans/Aerials 1

SEE ATTACHED EDR GUIDE FOR RESUBMITTAL INFORI\,4ATION. -- SEE BUILDING COMIVENTS FOR ZONING.

OFF}CE USE ONLY ROT]TNG EHECKL1ST Site Plans / G&D's / Aerials = _ADDR _BPR ZPR _ES _ENG _OTHER Construction / Floor Plans = BPR ZPR ES ENG OTHER Calcs (Structural, Truss, Load, Specs) = _BPR ZPR _ES _ENG _OTHER Reports (Drainage, Soil, ceoTech) = _BPR ZPR _ES _ENG _OTHER Fence, Gate, Wall Details = _BPR _ZPR _ES _ENG _OTHER New App / Contact Supplemental = _ADDR _BPR ZPR _ENG _OTHER Deed, PUE, Wll Serve, Authorization Ltr, Response Ltr, Transmittal Ltr, Photos, Comments, Olher = ADDR BPR ZPR ES ENG OTHER

SUBI\4ITTED BY: DATE: PHONE#/FAX#: EI\4AIL:

SIG NATU RE:

RECEIVED BY: DATE: ROUTED BY: DATE: Received 4/05/2024 ROC Legal

4"x8"x16" CMU SUBDIVISION BLOCK WALL N.T.S.

2' CAP BLOCK

ONE #4 VERTICAL BAR IN PILASTER GROUTED SOLID

aRAoE ,/'/'-

CONTINUOUS FOOTING

. 10" oIAME TER PIER (TYPICAL)

MAXIMUM 4' GAP BETWEEN DRAINAGE BLOCKS PER BOTTOM OF GATE AND GRADE SUBOIVISION INFRASTRUCTURE, OR DRAINAGE BLOCKS PER OR TWO TURNEO BLOCKS OR SUBDIVISION; TWO TURNEO GATE IF NOT SPECIFIEO BLOCKS IF NOT SPECIFIEO

FRON'T WALL ELEVATION N-T.S.

NOTES; ALL CELLS CONTAINING REBAR SHALL BE GROUTED SOLID. GRADE SHALL NOT BE MORE THAN 8'HIGHER ON ONE SIDE OF THE WA,LL THAN THE OTHER THts WALL DETATL ts TNTENDED FoR suBDtvtstoNs WHERE ALL Lors DRANbNLY ro rHE STREET - NO LOT.TO-LOT DRAINAGE,

EZeo5yt2sq Un//ts /'/A{ tr<pMat'€O f (utrz P1smrl f '70/ t< 'ooat/N URldb//f lnu) 6?4f, Cai Received 4/05/2024 ROC Legal Planning & Development MA-\%oPA 301W. lefferson St.. Suite 170 Phoenix. Arizona 85003

COUNTY Maricopa"ggv

ENGINEERING PLAN REVIEW COMMENTS Reviewer: Anh Harambasic, P,E. Date of Review: [number redacted] Phone: 602-506-3611 Parcel Number: 203-31-002P Email: [email redacted] Permit(s): [number redacted]

I fnis plan is /VOf approved. Please correct the ENGINEERING ISSUES in accordance with the review comments below:

Plans/lnformation Reviewed: 7.r Sife Plan for pool. Parcel has Floodway

Enqineered Plan Submittal Requirements - Checklist ltems (MCZO 1205.3.3-6) See: Engineered Plan Submittal Reouirements - Planninp & Development. Maricopa Countv, Arizona

Drainage Plan Review

1. You're rear portions of this parcel has designated floodway (red). See exhibit attached to end of my comments for a full size exhibit. Cl\ilu walls are not allowed in Floodways. Western CMU Wall: lf this wall belongs to you, the portions of the wall withln the floodway way must be removed. Western limits of the floodway are approximately 38 feet from the rear property line. Eastern limits of the floodway extend approximately 86' north of the southern property line. lf belonging to neighbor indicate "neighbor's wall".

Page I of 3 Received 4/05/2024 ROC Legal Planning & Developmed

MAt%oPA 301W. lefferson 5t.. 5Lr te 170 Phoenix. A.izona 85003

COU NTY Maricooa.gov

ENGINEERING PLAN REVIEW COMMENTS 2. Please show the floodway on your plans and dimension the flood limits from the rear property lines. See exhibit. So that inspeclors can measure and confirm all fencing is out of the floodway. 3. The aorial also shows some type of structure in the Floodway. Structures containing walls are prohibited in the floodway. Please remove/relocate this structure out of the floodway and floodplain (red and blue zones). 4. You are proposing a wrought iron fence in the Floodway. Wrought iron fencing is prohibited in the floodway. Please revise plan to Show the Wl fence qq of the Floodway. Okay to be in floodplain (blue) 5. Please provide details for all fencing. See if you can use one of the County standard wrought iron fence details. Fence-Details-2019-PDF (maricopa.sov) details must be added to plans. 6. Any work in a special flood nazatd area, floodplain (blue), will require a flood use permit. The pool work is not in the floodplain but the wrought iron fence will need to be relocated into the blue which will requlre a flood use permit ($600 fee) or outside the blue into the yellow hatching area would not require a flood use permit thus no flood fees. Update plans accordingly. A flood use permit will be opened at the next submittal if any work is show within the floodplains.

PND Transportation Plan Review: 1. Lgth Ave is a MCDOT road the future roadway designation is Minor Arterial therefore the future ROW dimension for 19th Ave is 65 feet. Please show a dimension of exlsting ROW (40') and future ROW (65') along 19th Ave label accordingly.

PND Seotic Clearance (ES Review)

1. Building permit approval is pending the review of the Phase ll (NOID) application submitted to the Environmental Services Department. Once the Phase ll (NOID) application is approved by the Environmental Services Department, the review of the building permit will continue. i. NO CONFLICT BETWEEN SEPTIC AND POOL

GENERAL SEPTIC INFO: Building permils v;ith r':ew septic sysl.erns ren]ain cn hoid until lhe septic Phase li (NOlDt aDplicatlor rs approved. lhe buildinE per"rit will be reieassd by when lhe Phase ll lNOlDl is acor,::ved lcr consLrLrction lly tlre En,,/ironmenlal Services Departnrent. For more rnformation enrail [email redacted].

Comments/corrections are representative examples, and it is the engineer's responsibility to identify and correct similar conditions that may occur in all other locations within the construction documents. It is incumbent upon the engineer to demonstrate compliance with all regulatory requirements and County design standards. Further reviews may prompt additional comments not included in this review.

The Orainage Regulations are listed in Section 1205 of the MCZO: https://www. maricopa.oov/documentcenter/vieM272 Maricopa County Drainage Policies and Standards Manual: hltps://www. maricooa.oov/DocumentCenter/HomeAy'iew/2369 For Additional lnformation See: https://www.maricooa.oov/1 635/Drainage-Review

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY REFERENCES: Floodplain Regulations for Maricopa County: https://www. maricopa. gov/DocumeniCenter/View/630 Page 2 ot ? Received 4/05/2024 ROC Legal

MAt%oPA Planning & Dev€lopm€nt 301W lefferson 5t., Suire 170 Phoenix, Artona 85003

COUNTY Uar!-o!-a.say

ENGINEERING PLAN REVIEW COMMENTS Please show the floodway on your plans and dimension the flood limits from the rear property lines. See exhibit. So that inspectors can measure and confirm all fencing is out of the floodway. a. Please see overlay at the end of these comments and add the floodway limits to your site plan. Commont not addressed. Add th6 Blue limlts and label floodplain the red is floodway. Show the limits line on your site plan for both. b. SEE EXHIBIT BELOW for fence location requirements> Please only look at the red text for this comment. The Uellow belonos to another reviewer. Add to your site plan the dimensions from the southern propertyline to the wrought iron fence- PLEASE MOVE THE WROUGHT IRON FENCE PER MY DIMENSIONS BELOW AND ADD THE DIMENSIONS IN RED TO YOUR SITE PLAN, The eastern location of the wrought iron fence must be 88 feet from the property line. This is to avoid being in the floodway. The wrought lron fence must attach to the existing block wall 7.5 feet norther of the block wall terminus.

Gravel Driveway

Efsting 5' Clttu wall Eristing S' Cl,lU Wall Ends llere

Existing 5'W/I f€nce

Exlsting 5'CMU End6 Here

The aerial a{se in-+h€-{66dre€y-"P}ease-+€.Fn€vek€+o6ate is strsetsre ast of the fleodway and floodplain+re+snd-bl$e z€€e+ You are prepasing a wreught iren fen6e in the Floedway. Wreughl iren fen€ing is pr€hibiled i+th€ fleodway, Pl,e€s€-+evi€€-81€f,-t+ shovr 'ha !ry| fenee "u+€lthe+l€6d1#ay--e*ay-1+b€-+4€edBlai+-(bfse Pleasefr€vide-d€faft fur'sll-fufl€rnC--S€€-i{you-€aa-us€-€rs€f-lh€€€uR{y staffd€ ugh+fre+JeR€e dera{s-Fenee Details 2019 fD 6. *nywe+t*+*speoial*oe+haza*+area, fleodBla*{bbe)-wil,r+eqsrre-+fle€d uscfeffii+-+h€-F€€l-*€rk is n€ti*+t€-fl€€dp.laiF-bu{+h€-,#roughfjr€n-tsF€e-wili-e€€dle$e+ei.oeaie+ir+te*the+lue-wh.ie$wiikegt}i{s€ fl€ed- .t€tehtflg-€+ea.r#euld-rie+reqlife a+eed dse pes+i++n+*ne+se++es.Updatepians-aeeerding y--A{l,eed usegecr+ifwi+$e epened€+-the+ext€ub+*i{tra.1

Received 4/05/2024 ROC Legal

MAt%oPA Pl.nning & Development :01W. leflerson St., Suite 170 Phoenix. Artona 85003

COUNTY Uatle-ola.say

ENGINEERING PLAN REVIEW COMMENTS i{-=ny wer* is- shew -wlthi+ {he..fi€edpl€ir1$. A flood use permil has been opened please reference FP20230272 and remit fees for the permit.

PND Transportation Plan Review: 1.{9{" Ave is a M6DOT raad t ri?l-+rere{6re+hefur*r+*ew

a]e$Sa9*+ve{ab€.l aeee+ere8lJh

PND Septic Clearance (ES Review)

1. Building permit approval is pendingthe review of thePhasell (NOID) application submitted to the Environmental Services Department. Oncethe Phase ll (NolD) application is approved bythe Environmental Services Department, the review ofthe building permit will continue. i. NO CONFLICT BETWEEN SEPTIC AND POOL

GENERAL SEPTIC INFO: Building permits with new septic systems remain on hold until lhe septic Phase ll (NOID) application is approved. The building permit will be released by when ihe Phase ll (NOID) is approved for construction by lhe Environmenial Seruices Department. For more informaiion email [email redacted]. Comments/corrections are representative examples, and it is the engineer's responsibility to identify and correct similar conditions that may occur in all other locations within the construction documents. It is incumbent upon the engineer to demonstrate compliance with all regulatory requirements and County design standards. Further reviews may prompt additional comments not included in this review.

The Dralnage Regulations are listed in Section 1205 of ihe MCZO: httpsJ/www.maricoDa.oov/documentcentery'view/2T2 Maricopa County Drainage Policies and Slandards Manual: httos J/www.maricopa.qov/DocumentCenter/Home/View/2369 For Additional lnformation See: httos://www. maricopa.qov/1 635/Drainaoe-Review

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY REFERENCES: Floodplain Regulations for Mariqopa County: httosJ/www. maricooa. gov/DocumentCenterA/ieW630 For Addltional lnformation See: https:/,vww.maricopa.qov/3847/Flood-Control-District

MCDOT REFERENCES: Residential Drlveway Guidelines httos://www.maricooa.oov/documentcenter/vieW/362 Roadway Design Manual http://www. mcdot.maricooa.aov/DocumentCenterl,/ieM24883 Maricopa county Ordinance for work in R/W MCDOT Ordinance P36 For Addliional lnformation See: httos:/l^/ww. maricooa.oov/ 1 56/MCDOT

PND STORMWATER REFERENCES: Stormwater Quality ManaEement and Oischarge Control Regulation httos://w!vw.maricooa.qov/DocumentCenter/Viewl6577

Received 4/05/2024 ROC Legal

MAtl'.oPA Planning & Development 301 !v Jefferson St, Surte 170 Proenix Ar,?ona a5uu3 COUNTY Maricooa.gov

ENGINEERING PLAN REVIEW COMMENTS Air Pollution Control Regulations Rule 310 httpsJ/www. maricoDa.qov/DocumentCenterA"/iew/5354 For Additional lnformation See: httosr/www. maricooa.oov/3980/Water-Sewaoe.Stormwater-Waste

Abbreviations Kev: Drainaqe: DD = Department Directive (See: httpj/vuivw. maricooa.oov/1 9 i 1/Deoartment-Directives ) MCZO - Maricopa County Zoning Oroinance DPSM= Maricopa County Drainage Policies and Standards = SSA State Standard Attachment DDI/V'1= Maricopa County Drainage Design lvlanual- Hydrology = DD[,rV2 Maricopa County Drainage Design Manuat - Hydraulics

Flood Control: FRMC = Floodplain Regulations for Ny'aricopa County

PND Transportation: ROM = MCDOT Roadway Design Manual RDG = MCDOT Residential Design Guidelines MSRP = MCDOT Major Streets and Routes Ptan

Received 4/05/2024 ROC Legal

MAt%oPA 30.1 W Jefierson St., Suite'170 Phoenix, Arizona 85003 COUNTY Maricopa.oov PLANNING & DEVELOPMENT

Reviewer: JamesMcCrohan Date of Review: [number redacted]

Phone: 602-506-8265 Parcel Number: 203-31-002P

Email: [email redacted] Permit(s): 8.[number redacted]

Xl This plan is NOT approved. Please correct the Zoning issues in accordance with the review comments below:

Revisions to sealed plans must be re-sealed, re-signed, and re-dated by the professional registrant. Complete plan sets are required with a resubmittal. Please include a response letter outlining the changes made.

Plans dated being reviewed: 2NDjiupr:,!114

FOR FIRST REVIEW:

Redlines were prepared for the customer and may be downloaded from the Online Permit Manager.

SHEET NO. 1 - SITE PLAN

1. Please show the pool on the site plan. 2. Site plan shows an existing cmu block wall and existing wrought iron fence. The aerial view does not show an existing block and wrought iron fence. Upon parcel history search no permits were found for a cmu block and wrought iron fence. Please update the permit application and include the new fencing and the total lineal feet of fencing and the type of fencing. Please provide fence and gate details. https://www.maricopa.gov/DocumentCenter/View/471 9/Fence-Details-201 9-PD F

10, ,*F to \' (e',lt* Revised 3/1/23 f Page 1 of 2 Received 4/05/2024 ROC Legal

Maricopa County Local Additions & Addenda

Substantive Policy Statements (Department Directives)

Rsvised 311/23 {, Page 2 ol 2 Received 4/05/2024 ROC Legal

MA-\%oPA Planning & Devalopment 301 n lefferson it

COU NTY Phoenix. Arizona 85003 tra!is.o-Ia.gay

Reviewer: Ed Deussen Date of Review: O8lLSl2O23 Phone: 502-506.6150 Parcel Number: 203-31-002P Email: [email redacted] Permit: 8.[number redacted]

I Tfris plan is NOf approved. Please correct the Building/Construction Plans and Applicable Calculations in accordance with the review comments below and the applicable redlined documents:

Plans dated being reviewed: 1st Submiftal

GENERAL COMMENTS

Parcel search history indicates fence permit [number redacted] has expired without final inspections. Please apply for a compliance inspection through the following Iink: Residential Construction I Maricopa Count)r. AZ

STND.PLAN

More details ofthe pool layout and construction are necessary. The standard pool plan approval letter references details for a spa, negative pool edge, and carved rock, among others. lt is not clear on the submitted site plan if those details are incorporated into the pool specific to this project. Please provide a sketch ofthe pool to be constructed, with dimensions and references to details provided in the approval letter.

Building Codes:2018 t8C, 2018 lRC. 2018|PC.2O18 lMC. 2018IFGC. 2018 |EBC, 2017 NEC Voluntary Buildinq Codes: 2O18 IECC. 2O18 IGCC

Page 1of 2 Received 4/05/2024 ROC Legal

MAt%oPA Planning & Development 301 v\r. ielferson St-

COUNTY Phoenlx, Arizona 85003 Uariaopa,soY

l-Codes Building Codes - ICC Dioital Codes (iccsafe.org) Maricopa Countv Zoninq Ordinance Maricopa County Local Additions & Addenda Maricooa County Construction Codes Substantive Policv Statements (Department Directivesl

Page 2 ot 2 Received 4/05/2024 ROC Legal Planning & Development MA-\%oPA 301W. lefferson St, Sulte 170 Phoen'r Anzcna 45003

COUNTY Maricspa.ssY

ENGINEERING PLAN REVIEW COMMENTS For Additional lnformation See: httos://www. maricooa.oovi3S4TlFlood-Control-District

MCDOT REFERENCES: Residential Driveway cuidelines httosr//www. maricooa.oov/documentcentertuiew/362 Roadway Design Manual http://www. mcdot. maricooa.qov/DocumentcenterN iew/24883 Maricopa County Ordinance for Work in R/W MCDOT Ordinance P36 For Additional lnformation See: httDs:/iwww. ma.icooa.oov/1 56/MCOOT

Stormwater Quality Management and Discharge Control Regulation httos://www. maricooa.qov/DocumentCenter/View/6577 Air Pollution Control Regulations Rule 310 httos://www. maricooa.oov/DocumentCenterN ieM5354 For Additional lnformation See: httos;//www. maricoDa.aov/3980/Water-Sewaqe-Stormwater-Waste

Abbreviations Key: Drainaoe; DD = Department Directive (See: htto://w rw.maricopa.oov/191 1/Deoartment-Directives) MCZO = Maricopa County Zoning Ordinance DPSIV = Maricopa County Drainage Policies and Standards SSA = State Standard Attachment DDMVl = Maricopa County Drainage Design [,4anual - Hydrology DDMV2 = Maricopa County Drainage Design Manual- Hydraulics

Flood Control: FRMC = Floodplain Regulations for l\4aricopa County

PND Transoortation: RDM = MCDOT Roadway Design Manual RDG = MCDOT Residential Design Guidelines MSRP = N/CDOT lvlalor Streets and Routes Plan

Received 4/05/2024 r1, Planning & Development Department ROC Legal MAR'!COPA Building Permit Application COUNTY ,vr ! i{ 0 ft rurs c Er"r,A t{E 0 us i c 0 M PL|A N c E I N$PE cTr 0 r,! FfiOPERIY IIIFOEMA'[ON PROJECT INFORMAI}ON ,AIiUEL iIU MBEB

Aa)?- ? I,rtns l9ffr ?.sn Hi "+ D MINOR ELECTRICAL r Mtt't 0R PLU ME|N c T] [IIN O R MECHANICAL fl DEM 0 Uno N lOl l.J. Je...., a- ico',\ E BUILDING FINAL INSPECTIO N $,ono,*le r r,n,ol rNSeEcno Vte^,x k?,AZ 8508q EXPIRED PERMIT NUMBER(S): U WNLIT NA ITE I oeutner trusptcroru D cB0rJp HouE rruspecrnnr ArtlL*-.,a.-r R o' ....t1r.-, E PANEL UPGRADE 2O1.4OO AMPS N ILECTBIC AL TO SHAREo WELL tlsEWER -EsEpTrc E1Ecr&L 'lfAps : sBp D OTHER: }tWELL al HAULED lJ co[ilPANYi OEIA'LED WORK DESC R'MO N

N/A -] PROPANE ;NATURAL GAS COI l:LN;t- l/; (.,nLL.' Fhj,(,..t . A.e thero any c0de violati0nr 0n this property?

'!(tt O [] YES Violatlon case *: V ls thsre a ny othei cons$uction occuring 0n tnis proporty ght now? PROJECT VALUATIO N PH O P!RfY USE

;l YES Buitding permit#: B I I REST0ENI1AL E C0|VIMERC|AL. APPTICANT INFOFMAIIO N CONTEACTOB INFORMATION {,HtUK UN! IOTNSL NUMBEH HUST AO C OUNf NUMBER

- AGENI .- ancgrrecrlrruetruerRX 0ll/NEB sArvrEAsc0NrRAcT L U MTA]\Y ]\IAME {II APTUUAELE) C C ]\IPANY N A illI

DFESS

r1vo. \ c.i I .:, ', U IIY SIATT ZI? C ITY STAT€

?ho, ^'.* AZ -q508U O O NTA CT NAME C O ITIA CT I'IAME

fe,",,* (.o\ ou-.r oS)9,11-.)t1? Br*. "1{ 1{ _)3r3(rcr,.a',\ , Co*- as],-Tra c k or 0ver-the- ounter permlts for minot elec c al, plumbing or mecha cal on commercial propertles requ ManaOement A p proval. lf the permit request does not q u alify for 0ver-ihe-Counter, a C0mmercial psrmit appllcation must e com Dlet

C om plete PermitAppllcatlon Fotm 1

din0 or Drainage Flnal lnspectlon ApptovalLettet1f0m Buildlng 0r Drainage Staff 1

pane / New Gas Line / D e m olltion Slte Pla fl ot A Brial 2 ectricalio Sh are d rl,vell Site Pla n ervic e l.Jpgrade 201-400 Amps Load Calculations and 0nB-Line Dla0tam J e pit / Fire pla c e / BB0 /Propane D etalls 0r Ma nuf acturets' Sp ecific atlons 3

UIViBEB: G 0TC1S):

301 W. Jelr€m0n St,, Suite 170 - Ph0eflix, AZ 35003 - (602) 506-3301 - (602) 506-35101a)( w!,w m,il.. i a n^v/nlrnninn Paoe 1 ri Received 4/05/2024 ROC Legal Planning & Development Department Building Permit Ap plic ation

MINOR MISCETLANEOUS / COMPLIANCE INSPECTION FEE TNFoR A oN awara and undorstand the fee Information betowi Forrs sld ential pr0je cls, th ere i5 a n onftn e fe e estlm at0t t0 a$tst wlth pta nnlog / pts 0 adng f0t y0ut pr0ie ct: .,r Fo.., ) rL. r-, 1 d ir,,r | );.1,. ,,. An up_fron11s. wit Ue requiieO ufon ii-c.pranci-+OO ror N 0n-To chnic ar Min0r psrmlts, ! 85 ,or PanalUpgrade 20't 400 Am ps, $100 Ekct calt0 Sh afe d W6ll, i110for C 0m0liance lnsp e ctio n and !300 for B0oiM0unted Photovoltaic Systo m. lftho aIp cation/pormitsubmittalisnota0ploved 0ntholnitialreview,full permltieoswill berequledaithetimothe revise d submittat is a c 0ept0d. Any ranainlng f0e balance must be paid prlorto p ermfi issua nc e.

PERSO NAt GIJARANTEE OF FINANCIAT RESPO NSIBII.ITY

hereby atrsolutely, rrfcoiditionally and illev0cably guarantee t0 ivlaric o p a C o unty the prompl n aym ent of afy and all ie es and charges in corflection this application, wilh0 ut th e necsisity ot Maricopa C ouniy fll3t so oking payment lrom the named a p plic aflt.

inclndasthati,atanytime,awttsncancellationlssrbmittsdforthisproiectappllcaiion,iporsonallyguarantee pt paynenl ofthe balanc0 ol afly and allle es and charges incuIIed. L DEVEI.OPMEI,IT DISCLAIMEB NOTICE

initlaling /sig0lng this applicatlon and disclaimsr,lstite thatlam oithertho owner olrecord 0lthe parcel and/or authorized bytho owns(s)io ptesentth"rm regarding the subiect p arc el. I ufderstand thaithe issuance 0l a Building Permilf0r this property (APN Y NIA COPACOUNTYDOESNOTGUARANIEETHEAVAILABIUTYOFPOTABLEWATERAlIHISSIIE-

also am awere and undeNtand thatissuance 0fthe Building Permit does not obligaae lvla copa Couotyt0issue a permitfor ctlicalssavico for a shared wollt0 s6rve thissito, should this silo be in clud 6 d within a private shared wel, agreemenl.

PEBSONAL ASSUBAIICE OF SUBMITTAL ACCIJRACY

herBby unc0ndltionally and withoutrslervatlon guarantes and waranly to Maricopa C 0unly th at lh e documentssubminsd to Maricopa C o unty nning and De!elopment, inclLrdln0 butnotlimited tothe application mate al! and/0rany and allsjte plan(s) and buildinO plans, provide a $u6 and ccurate depictlon olthe rrquosled 0onstructlon and accuratsly relloctthe extstlng 0ondiU0ns olthe subject parcel.

am awars that llla 0spaCountyPlanningandDevglopmentwlllrelyup0ntheaccuracyolthemalBrialsprovidedtoperfo.maZoniogClearaocI w, as requirod in the [,1afic o p a C ounty Zoning 0rdinance, Ss cti0 n 1504,5. lhaveals0seenandvefiedlhatthesubmittodsit0planmatoria]slnclude nd accuralely providE alllisted ltemg 0n the D0partmentsSiiePlan Checklist.

am awar0 and understand thatthe i9!uance 0f a Buildiog Permit d0e9 n0trgprssentthat Ma c00aCoufltyhasvorifisdorauthenticatodth0veracityol fly mal6ialssubmitted in support 0f the applicatl0n for permat. I und orstand lnat Nladc 0 p a C ounty willhs0o a Bulldin g Permit basod upon ihe subjoct aterlals afld that any falsillcation 0, documentation submitted as pan ol thls permit application may void the Building Permlt up on which itis based.

addlll0n, issuaflce oi a Z0ning Clearance ln conjuncti0fl with this appllcatlon by tlre Depattmont does not applove or imply the approval o, oth0r ctures,0ermitted or unpermitted, which may be 0n the same r)roporty, but whjch are n0t lhe subiect o{this permitroque3t.

also c ertjly,10 the bsst 0f my knowledge, that each olthe buitdings, slructures, and c0nditlons relte cts d 0n the submitted plar ls in complianc6 with the Maricopa CountyZ0ning 0rdlnance, which may bo lound at: m aric oD a.0 0v,rD o cu m entC e nt6rVie w/272l M a r0Aa.Countv Zoninq-0rdinaflce-PDF

& AGREEMENT acknowledqe thal I am the propeny ownor or I have the authority to represent the propgny owner on lhis applicadon as an authodzed agenl lor ihe erty. Fur'ther, I guarantee access Io Maricopa County personnel ,or the purpose ol buildinq inspections, zoning onfolcernent and tho provlsion of €ncy servlces. I agree to abide by all ol lhe Ceveloprient laws ol Maricopa County. Ihe inlorrnalio.r and plans provided are coreet to th€ besi ol knowledge including recorded lol dimsnsiong and $tructure locations. I understand alling ot an applicaflon containing rals6 or incoEect iflfofmation, the inlentto avoid the llcensing requheme totARSTi e 32, is ralsitlcation purguanl ARS section l3-2701 and is a class 2 mlsdemeanor. wner / Suilder will do the work lherhselves, with thelr own employees, ,or ownels use a nd not tor sale ot rental wilhin one ear ot combletion- r' E vss fl No 0wner / Applicant is claiming another 6xemplion und or ABS, Sectlon 32-1121,A, A signod statement rrom lhe Regishar gf ndntrr.t.B vcrilvind .r.frntinn hrlet he ,tie.hcd ! vrs $ nro

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301 W. Jelfers0 n St., Suite 170 - Ph0 e nlx, AZ 85003 - (602) 506-3301 - (602) 506-8510 I ax M,M,u, n ,nI... i d..,/^i.nntn^ Received 4/05/2024 ROC Legal

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A hodlfication is a change to a plan set in which the permil has been ISSUED or REISSUED. Modiflcatlons require another full revlew: therefcre, additional fees tor services from Planning & Development as well as any other reviewing one Stop Shop agency will apply lhe proposed changes may not receive approval if standards are not met. While the modification is being reviewed, lnspections on lhat projeci are suspended. lf Dralnage requiaes ln- progress lnspeciions, a fee of $150 per inspection will be assessed. Minor changes will be determined by the Building Official. Modifed plans must contain all sheets ftom that plan set. Any previous approval or owner's copy stamps are not allowed on modlfied plans.

n Change to a Minor Pemllt $3o Buildlng Plan (lf applicable)

fr Change ofApplicant, Owner or ConlEctor Coniact SL.rpplemental (Letter/Deed if applicable) Cha{ige io i l?esiclential Slte Plarl $100 t $60 Sile Pian O) Change to a Resldential Gradlng & Dralnage Plan glOO + g250 G.adlng & Drainage Plan (7) tr Change lo a Commercial Site / G&D Aan 9250 + 9250 Gracllog & Dralnage Plan (7) f] Change io a Residential Building Ptan $250 Ccmplete Buildlng Plan Sel (3) I Change to a Commercial Buiding Plan Per hourly rate Complete B{ildlng Plan Set (3) Change of Square Foolage .Building Plan (3) (+\ SF .Site Flan / G&D (7) (if appllcable)

Addlng a fence or Retaining wall .Fence or Relaining Wall Detalls (4) rence rype __---_- LF..- .Retaintng Wall Calcuiallohs (3) (if >4'in height)

Addrtional Pefmit lype (i e pool, shacle, propane, etc) \/ary based .Bullding plans or Detaih (3) .Site Plan / G&D (7)

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301 W. Jeffe6on St., Sulte 170 - Pho6nlx, AZ 85003 " (602) 506"3301 - (o02) 506"8510 fax ',. ri: L't,.ll w'r\rw.marlcopa.gov/plannlng Page ! oi 1 Received 4/05/2024 ROC Legal

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.. '. :, .1. Mediation Notice

Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.

The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving

intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative

proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely

to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date

_____________________________________ _______________________ Respondent (or representative) Date

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***

ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.

PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.

FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007

EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.

CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A

PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address

John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony

John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.

Exhibit Exhibit Name

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

I am the (check one):  Complainant  Respondent Docket No.

Print Name Signature Date

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3