2023A-14174-CHC-ROC Notice of Hearing & Packet MAILED 2023-14174.pdf

2023A-14174-CHC-ROC · Registrar of Contractors · 2024-05-21

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Christopher James Baldwin , Case No. 2023-14174

COMPLAINANT, Docket No. 2023A-14174-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE C&J Renovations LLC DBA: HDK Landscape & Design License No. ROC 324811,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

June 27, 2024 9:00 AM Sondra Vanella 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 April 19, 2024.

SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(2)(b) Charge: 2 A.R.S. § 32-1154(A)(3)-R4-9-108(a)

Charge: 3 A.R.S. § 32-1154(A)(3)-R4-9-108(b) Charge: 4 A.R.S. § 32-1154(A)(16) Charge: 5 A.R.S. § 32-1154(A)(22)

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

argument to the administrative law judge.

The Registrar’s assigned investigator will appear as a witness at the hearing.

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32- 1156(B).

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

HEARING PROCEDURES AND RULES

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

The Registrar’s investigators, employees, and attorneys will appear at the hearing via

video conference or telephone unless requested by a party to appear in-person. Requests for

the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET

In the interests of administrative efficiency, the Registrar compiles and discloses

certain documents to the parties and the Office of Administrative Hearings. These documents

are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit

additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com.

The party seeking a subpoena must serve notice on all the parties to the hearing, and on the

Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the

party will use at the hearing. A party’s failure to timely disclose any witness or exhibit,

without good cause, may result in the administrative law judge excluding those witnesses or

exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is

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

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

CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may

be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties,

the party must file a written motion with the Office of Administrative Hearings, directed to the

assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.

The motion must state in detail good cause for why the date of the hearing should be advanced

or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION

In any case which is resolved or settled by the parties, or which is withdrawn by the

Complainant without objection from Respondent after the Notice of Hearing is issued, the

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

such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated May 21, 2024. By: /s/ Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors

Copy mailed via USPS First Class mail May 21, 2024 to:

Respondent(s) C&J Renovations LLC 1562 E Shannon St Chandler, AZ 85225 Complainant(s) Christopher James Baldwin 5846 N Scottsdale Rd Paradise Valley, AZ 85253 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. 2023-14174 /

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.

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Complainant: Christopher Baldwin 5846 N Scottsdale Rd PARADISE VALLEY, AZ 85253

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: C&J Renovations LLC DBA: HDK Landscape & Design 1562 E Shannon St Chandler, AZ 85225

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 27, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-14174

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for January 31, 2024 at 09:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

Sincerely, Mark Nipp Mark Nipp, Investigator 602 7716740 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Complainant Respondent

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.

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 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 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 Jobsite Inspection Notes

Case No.: 2023-14174 Investigator: Mark Nipp Inspection Date: 1/31/2024 Inspection Time: 9:30 AM

Complainant: Christopher Respondent: HDK Landscape & Baldwin Design (James Kahn) Not Present: Not Present:

Jobsite General Notes: Warning Letter – C013c – Contractor out of Scope of License Warning Letter – C013i – Building Permits

Compliance Item #1: Incomplete Fountain Feature. Investigator’s Observation: Combined with multiple items. Both parties agreed that the fountain was incomplete. The individual components of the fountain that are incomplete are addressed as separate compliance items.

Compliance Item #2: Plumbing not to code. Investigator’s Observation: Not Verified - Insufficient Evidence The Complainant did not have any specific knowledge of code violations in the plumbing. The Registrar cannot conduct full system inspections to identify poor workmanship for the Complainant. Instead, the Complainant must point out areas/items they believe do not meet the minimum workmanship standards and the Registrar can determine if that item does/does not meet the minimum workmanship standards.

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No further action is required. Reference Picture(s) N/A Governing Rule: N/A

Compliance Item #3: Auto-fill feature defective. Investigator’s Observation: Verified I inspected the auto-fill mechanism and noted that it appears to function as designed. However, the auto-fill is plumbed in a way that it is loose and directly under the water flow. When the water impacts the auto-fill it forces the device in a position that makes it constantly add water. ROC Workmanship Standards for Licensed Contractors (June 2009) states, A contractor shall perform all work in a professional and workmanlike manner. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 2-3 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Compliance Item #4: Pipes were accidentally "drilled" too high, resulting in visibly seen. Investigator’s Observation: Verified Both parties agreed that the 2.5” waterfall supply line (PVC) was placed in a position that makes it visible under the rocks. The Respondent stated that he didn’t have a plumbing plan and had to do some make some decisions in the moment. The Respondent stated that in hindsight, he could have routed the line differently to keep it from being visible. The Respondent also stated that he would not be happy with the line being visible if this were at his own home. I saw that the supply line was visible under the rocks. There is a reasonable expectation that the Respondent, being a licensed contractor, should understand that the supply line should not be visible.

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ROC Workmanship Standards for Licensed Contractors (June 2009) states, A contractor shall perform all work in a professional and workmanlike manner. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 2-3 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Compliance Item #5: Missing River Rock. Investigator’s Observation: Verified Both parties agreed that the fountain is missing river rock and that the Respondent was to provide it. I saw that only half of the fountain had river rock installed. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 2 Governing Rule: A.R.S. § 32-1154(A)(2) Departure from or disregard of (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner…

Compliance Item #6: Not to original design/plan resulting in splashing. Investigator’s Observation: Not Verified The Complainant explained that he agreed to changing the lower basin curb from raised to level with the pavers. There is no violation as Both parties agreed to the change. No further action is required. Reference Picture(s) 2 Governing Rule: N/A

Compliance Item #7: Plumbing not secure on backside. Investigator’s Observation: Verified 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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Both parties agreed that the plumbing on the back of the fountain is loose and should be secured. I saw that the plumbing behind the fountain was not secured and noted there was significant movement which could lead to premature failure. ROC Workmanship Standards for Licensed Contractors (June 2009) states, A contractor shall perform all work in a professional and workmanlike manner. Reference Picture(s) 4 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Compliance Item #8: Not painted. Investigator’s Observation: Verified Both parties agreed that they had a verbal agreement that the Respondent would paint the rear of the fountain structure because it was visible from the street. I saw that the back of the fountain was not painted. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 4 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

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asked he obtained a building permit to add the electrical circuit, the Respondent stated he did not. The Respondent holds an ROC license, CR-21 – Hardscaping and is permitted to connect 1210v circuits for this purpose. However, International Residential Code (IRC) Section 105.1 that a contractor must obtain a building permit prior to beginning work requiring one. IRC Section 105.2 describes that work which is exempt from a building permit. I reviewed IRC Section 105.2 and noted that adding an electrical circuit is not exempt and a building permit is required. Reference Picture(s) 5-6 The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner. Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R4-9-108(B); in part, A contractor shall perform all work in accordance with any applicable building codes and professional industry standards…a contractor shall use such skills, prudence, and diligence in performing and completing tasks… .

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The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 7-10 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Compliance Item #11: Incomplete BBQ. Per SW Gas, connections and plumbing is not to code. No shutoff valve and wrong fittings applied. (Combined with Compliance Item #12-13) Investigator’s Observation: Verified Both parties agreed the Respondent completed the work on the gas line for the BBQ and Fireplace without a permit. To date, no permit has been obtained. The Complainant pointed out several items of concern related to the natural gas plumbing installation. I inspected those items and made the following observations: (a). The gas line has been disconnected. (Per the Complainant it was disconnected by Southwest Gas because it did not meet code). (b). There is no shut off valve on the BBQ gas connection. Respondent – Out of Scope of ROC License: I researched the Respondent’s ROC license and noted that he holds a CR-21 Hardscape and Irrigation Systems. The license scope for CR-21 states, “Free standing fire pits, fireplaces, or barbeques - electric, plumbing, and gas must be subcontracted to a properly licensed contractor” The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 11-13 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

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Governing Rule: A.R.S. § 32-1154 (A)(2)(b): Departure from or disregard of: (b) A building code. Governing Rule: A.R.S. § 32-1154(A)(16); Knowingly contracting beyond the scope of the license or licenses of the licensee.

Compliance Item #12: Per SW Gas, connections and plumbing is not to code. Investigator’s Observation: Combined with Compliance Item #11 See Compliance Item #11

Compliance Item #13: No shutoff valve and wrong fittings applied. Investigator’s Observation: Combined with Compliance Item #11 See Compliance Item #11

Compliance Item #14: Interior needs to be leveled with pavers. Investigator’s Observation: Verified Both parties agreed the Respondent was supposed to level the floor of the BBQ island and install pavers. I saw that the BBQ floor was not leveled and there were no pavers installed. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 14-15 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner. Governing Rule: A.R.S. § 32-1154(A)(2) Departure from or disregard of (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner…

Compliance Item #15: Electrical not to code/secured. Investigator’s Observation: Combined with Compliance Item #9 See Compliance Item #9

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Compliance Item #16: Defective BBQ tray. Investigator’s Observation: Not Verified The Complainant pointed out the BBQ rack was bent. I saw the BBQ rack was bent. However, no explanation was given as to how it became bent or if it was delivered bent. This may be the responsibility of the product manufacturer. Note: The Registrar makes no determination regarding the product manufacturer’s responsibility or liability. No further action is required. Reference Picture(s) 14, 17 Governing Rule: N/A

Compliance Item #17: Missing cabinet hardware. Investigator’s Observation: Verified I saw the BBQ island doors did not have any hardware. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 15-16 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner. Governing Rule: A.R.S. § 32-1154(A)(2) Departure from or disregard of (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner…

Compliance Item #18: Broken cabinet hardware. Investigator’s Observation: Not Verified The Complainant explained the inner door brace had fallen off of a BBQ island door. I saw the inner door brace welds had failed and the brace had fallen off.

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

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This may be the responsibility of the product manufacturer. Note: The Registrar makes no determination regarding the product manufacturer’s responsibility or liability. No further action is required. Reference Picture(s) 14 Governing Rule: N/A

Compliance Item #19: Incomplete Fireplace. Investigator’s Observation: Verified The Complainant explained that the valve box was incomplete, it was missing grout on the fireplace vent, and there was no shut off valve. Both parties agreed that the fireplace was incomplete. I saw that the valve box was incomplete, it was missing grout on the fireplace vent, and there was no shut off valve. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 18-23 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner. Governing Rule: A.R.S. § 32-1154(A)(2) Departure from or disregard of (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner…

Compliance Item #20: Per SW Gas, no shutoff valve present. Investigator’s Observation: Combined with Compliance Item #19 See Compliance Item #19

Compliance Item #21: No test on line. Investigator’s Observation: Not Verified - Insufficient Evidence Both parties agreed that the Respondent tested the line.

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

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The Complainant states that since SW Gas disassembled the gas line the test would need to be re-done. The Respondent understands that the natural gas system for the fireplace and BBQ should be corrected in accordance with applicable building codes and within acceptable minimum workmanship standards. The Registrar cannot dictate the order of operations a contractor may take in completing a project. No further action is required. Reference Picture(s) N/A Governing Rule: N/A

Compliance Item #22: Incomplete hood ventilation. Investigator’s Observation: Combined with Compliance Item #19 See Compliance Item #19

Compliance Item #23: Missing chuck valve and ignition starter. Investigator’s Observation: Combined with Compliance Item #19 See Compliance Item #19

Compliance Item #24: Missing fire rock. Investigator’s Observation: Not Verified - Insufficient Evidence The parties did not agree on who was to supply and install the fire rock. I saw the fireplace did not have fire rock installed. I reviewed the contract and contract addendum and did not locate any mention of fire rock. There was Insufficient Evidence to determine who was responsible for supplying the fire rock. No further action is required. Reference Picture(s) 18 Governing Rule: N/A

Compliance Item #25: Incomplete Paver Patio. Investigator’s Observation: Combined with Compliance Item #10 See Compliance Item #10

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

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Compliance Item #26: Missing paver tiles due to backorder or parts. Investigator’s Observation: Combined with Compliance Item #10 See Compliance Item #10

Compliance Item #27: Pavers not leveled. Investigator’s Observation: Not Verified - Insufficient Evidence The Complainant stated the Respondent agreed to a 1/16 inch lippage tolerance on the pavers. I inspected 3-4 pavers that the Complainant pointed out and noted that lippage was present that was within the acceptable 1/8 inch minimum workmanship standards. I reviewed the contract and contract addendum and did not locate any reference to a 1/16 inch paver lippage tolerance. There was Insufficient Evidence to determine if the Respondent agreed to the higher standard. The pavers were installed between September and December 2023. It is a commonly accepted practice to wait until the end of the first year to allow all pavers to settle prior to making corrections. This allows the contractor to correct all instances of settled pavers at one time. No further action is required. Reference Picture(s) 24 Governing Rule: N/A

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

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Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Compliance Item #29: Needs Poly dressing once complete. Investigator’s Observation: Combined with Compliance Item #10 See Compliance Item #10

Compliance Item #30: Chipped/damaged tiles due to GC dropping tools/rework. Investigator’s Observation: Verified I saw there were four pavers that had readily visible chips on the edges, indicating they had been damaged prior to or during installation. A contractor shall perform all work in a professional and workmanlike manner. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 27-30 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Compliance Item #31: Incomplete / Unlicensed Gas Line per SW gas. Required inspection. Per discussion with ROC, he should not have been performing Gas Work. Investigator’s Observation: Combined with Compliance Item #11 See Compliance Item #11

Compliance Item #32: Incomplete / Unlicensed Electrical - per discussion with ROC, he should not have been performing Electrical work. Electrical box is not adequately anchored/sealed against house. Investigator’s Observation: Combined with Compliance Item #11 See Compliance Item #11

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

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Compliance Item #33: Incomplete / Unlicensed Plumbing (Fountain/Irrigation), Per ROC, it's possible the plumbing he performed on the fountain was unlicensed. Investigator’s Observation: Combined with Compliance Item #11 See Compliance Item #11

Compliance Item #34: Refuses to complete scope of work without additional compensation. Investigator’s Observation: Not Verified - Insufficient Evidence The Complainant believes there have been no executed change orders and the Respondent disagrees. The Respondent believes that changes were made verbally and the change was documented with an invoice after the work was performed. The Complainant disagrees with this process. As a note, the Respondent should be aware that failing to complete a project for the price stated in the contract is a violation of A.R.S. § 32-1154(A)(8). The Respondent should complete the project as agreed. Reference Picture(s) N/A Governing Rule: N/A

Compliance Item #35: No change orders issued until after work completed. Per contract, change orders were required to be presented and agreed upon. Investigator’s Observation: Combined with Compliance Item #34 See Compliance Item #34

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

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suppliers. It would not be appropriate for the Registrar to impose a corrective order for this item. The Respondent should complete the project as agreed when the missing materials are available. No further action is required. Reference Picture(s) N/A Governing Rule: N/A

Compliance Item #37: Incomplete landscaping, Plants and Turf - refuses to complete project. Investigator’s Observation: Verified The Complainant explained that the turf and cactus had not been installed. I saw the turf and additional cactus had not been installed. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 31-33 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Compliance Item #38: No installation of lighting per contract. Investigator’s Observation: Verified The parties disagreed on who was responsible for connecting the landscape lighting. I saw that there were no connected landscape lights. I reviewed the contract and noted that, in an undated contract addendum (Cbaldwin_HDK Contract Addendum.pdf), the third bullet point indicates that the Complainant will provide the lighting and the Respondent will connect it. The contract addendum appears to be signed by both parties. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license.

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

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Reference Picture(s) 31-33 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner. Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R4-9-108(B); in part, A contractor shall perform all work in accordance with any applicable building codes and professional industry standards…a contractor shall use such skills, prudence, and diligence in performing and completing tasks…

Compliance Item #39: No installation of Cactus per contract. Investigator’s Observation: Combined with Compliance Item #37 See Compliance Item #37

Compliance Item #40: Improper Drainage - suspected code violation for not including plan drainage. Investigator’s Observation: Not Verified - Insufficient Evidence I explained to the Complainant that in order to determine if the drainage was/was not improper, he would need to conduct a water test while I observed. The Complainant stated that he didn’t have time to flood the whole yard (Complainant had a flight to catch at noon). There was Insufficient Evidence to determine if the drainage was/was not within the acceptable minimum workmanship standards. No further action is required. Reference Picture(s) N/A Governing Rule: N/A

Compliance Item #41: Poor Workmanship (chipped tiles, damaged finishes and structures) Investigator’s Observation: Combined with Compliance Item #30 See Compliance Item #30

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

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Compliance Item #42: Incomplete Irrigation - no installation of drip lines to plants, per contract. Investigator’s Observation: Verified I saw that the ½ inch poly irrigation tubing had been installed; however, there were no drip lines installed. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 34-35 Governing Rule: Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner. Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R4-9-108(B); in part, A contractor shall perform all work in accordance with any applicable building codes and professional industry standards…a contractor shall use such skills, prudence, and diligence in performing and completing tasks…

Compliance Item #43: HOA Landscape Restoration - no restoration of gravel and replacement of Fichus Tree removed by landscaper. Investigator’s Observation: Although this condition exists, the damage in question occurred on HOA property. The Complainant explained that the Respondent repeatedly parked on Scottsdale Road adjacent to the Complainant’s residence, destroying a tree and degrading the landscape rock. The Complainant stated that he is responsible for the damage and has been contacted by the HOA to repair it. Both parties agreed that the Respondent parked on the outside of the wall and destroyed a tree and degraded the landscape rock. The Respondent acknowledged that he is responsible for repairing the damage. Since this damage occurred on HOA property, it would not be appropriate for the Registrar to compel the Respondent to correct it without having a Formal Licensed Complaint from the HOA.

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The Respondent should correct this item. Additionally, the Respondent should be aware that if the HOA files a Formal Licensed Complaint against him for this allegation, the Registrar will likely issue a corrective order. Reference Picture(s) 36-37 Governing Rule: N/A

Compliance Item #44: A/V incomplete. 1 outdoor Bose Speaker needs to be installed/tested. Investigator’s Observation: Verified I saw that one outdoor speaker did not have wires connected, although the wire was connected. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 38-39 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Compliance Item #45: Cinder Block Wall - source matched red brick, install and mortar. Investigator’s Observation: Verified Both parties agreed that the new CMU wall sections had not been capped and that the Respondent was responsible to complete this item. I saw the new CMU wall sections were uncapped. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 40-41 Governing Rule: Governing Rule: Governing Rule: A.R.S. § 32- 1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4- 9-108(a): A contractor shall perform work in a professional and workmanlike manner.

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

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Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R4-9-108(B); in part, A contractor shall perform all work in accordance with any applicable building codes and professional industry standards…a contractor shall use such skills, prudence, and diligence in performing and completing tasks…

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

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Complaint #2023-14174 P 1 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 2 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS

Auto-Fill and 2.5” Waterfall Supply Pipe Complaint #2023-14174 P 3 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS

2.5” Supply Line is visible and routed through bottom of water

Auto-Fill Forced Down by Water Flow Complaint #2023-14174 P 4 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 5 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 6 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS

Void behind the electrical box. Complaint #2023-14174 P 7 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 8 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 9 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 10 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 11 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 12 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 13 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 14 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 15 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 16 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 17 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 18 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 19 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 20 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 21 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 22 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 23 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 24 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 25 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 26 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 27 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 28 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 29 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 30 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 31 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 32 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 33 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 34 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 35 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 36 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS

Missing Fichus Tree Complaint #2023-14174 P 37 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS

Missing Landscape Rock Complaint #2023-14174 P 38 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 39 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 40 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complaint #2023-14174 P 41 JSI Date 1/31/2024 at 9:30 AM JSI PHOTOS Complainant: Christopher Baldwin 5846 N Scottsdale Rd Paradise Valley, AZ 85253

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: C&J Renovations LLC DBA: HDK Landscape & Design 1562 E Shannon St Chandler, AZ 85225

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

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License No. ROC 324811

Re:Complaint No. 2023-14174

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 Tuesday, February 27, 2024.

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

DIRECTIVE REQUIREMENTS You are directed to 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 ROC Workmanship Standards for Licensed Contractors (June 2009) states, A contractor shall perform all work in a professional and workmanlike manner. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 2-3 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Compliance Item #7: Plumbing not secure on backside. Investigator’s Observation: Verified Both parties agreed that the plumbing on the back of the fountain is loose and should be secured. I saw that the plumbing behind the fountain was not secured and noted there was significant movement which could lead to premature failure. ROC Workmanship Standards for Licensed Contractors (June 2009) states, A contractor shall perform all work in a professional and workmanlike manner. Reference Picture(s) 4 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item #8: Not painted. Investigator’s Observation: Verified Both parties agreed that they had a verbal agreement that the Respondent would paint the rear of the fountain structure because it was visible from the street. I saw that the back of the fountain was not painted. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 4 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Compliance Item #9: Electrical not secure. Investigator’s Observation: Verified Both parties agreed that the low voltage electrical wires were not secured and that they should be. Both parties agreed that there was a void behind the 120v outlet box (P6) that should be appropriately filled. The Respondent explained that he removed the pre-existing outlet and installed a box extender so he could add a new electrical circuit to power the fountain. When asked he obtained a building permit to add the electrical circuit, the Respondent stated he did not. The Respondent holds an ROC license, CR-21 – Hardscaping and is permitted to connect 1210v circuits for this purpose. However, International Residential Code (IRC) Section 105.1 that a contractor must obtain a building permit prior to beginning work requiring one. IRC Section 105.2 describes that work which is exempt from a building permit. I reviewed IRC Section 105.2 and noted that adding an electrical circuit is not exempt and a building permit is required. Reference Picture(s) 5-6

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner. Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R4-9-108(B); in part, A contractor shall perform all work in accordance with any applicable building codes and professional industry standards…a contractor shall use such skills, prudence, and diligence in performing and completing tasks… .

Compliance Item #10: Touch up grout joints and seal tile. Investigator’s Observation: Verified Both parties agreed that there were several pavers that had settled and required re- leveling. Additionally, the Respondent was initially short six (6) pavers and used non-matching pavers as a temporary measure. Both parties agreed parties also agreed that the contract called for lippage no greater than 1/16 inch. I saw there were six (6) non-matching pavers that had no polymeric sand applied. I also saw there were 3-4 locations where the pavers had lippage exceeding 1/16 inch (agreed upon in the contract). The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 7-10 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item #11: Incomplete BBQ. Per SW Gas, connections and plumbing is not to code. No shutoff valve and wrong fittings applied. (Combined with Compliance Item #12-13) Investigator’s Observation: Verified Both parties agreed the Respondent completed the work on the gas line for the BBQ and Fireplace without a permit. To date, no permit has been obtained. The Complainant pointed out several items of concern related to the natural gas plumbing installation. I inspected those items and made the following observations: (a). The gas line has been disconnected. (Per the Complainant it was disconnected by Southwest Gas because it did not meet code). (b). There is no shut off valve on the BBQ gas connection. Respondent – Out of Scope of ROC License: I researched the Respondent’s ROC license and noted that he holds a CR-21 Hardscape and Irrigation Systems. The license scope for CR-21 states, “Free standing fire pits, fireplaces, or barbeques - electric, plumbing, and gas must be subcontracted to a properly licensed contractor” The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 11-13 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner. Governing Rule: A.R.S. § 32-1154 (A)(2)(b): Departure from or disregard of: (b) A building code. Governing Rule: A.R.S. § 32-1154(A)(16); Knowingly contracting beyond the scope of the license or licenses of the licensee.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item #14: Interior needs to be leveled with pavers. Investigator’s Observation: Verified Both parties agreed the Respondent was supposed to level the floor of the BBQ island and install pavers. I saw that the BBQ floor was not leveled and there were no pavers installed. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 14-15 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner. Governing Rule: A.R.S. § 32-1154(A)(2) Departure from or disregard of (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner…

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item #19: Incomplete Fireplace. Investigator’s Observation: Verified The Complainant explained that the valve box was incomplete, it was missing grout on the fireplace vent, and there was no shut off valve. Both parties agreed that the fireplace was incomplete. I saw that the valve box was incomplete, it was missing grout on the fireplace vent, and there was no shut off valve. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 18-23 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner. Governing Rule: A.R.S. § 32-1154(A)(2) Departure from or disregard of (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner…

Compliance Item #28: Borders not adequately secured. Investigator’s Observation: Verified I saw there were 5-6 loose edge pavers. ROC Workmanship Standards for Licensed Contractors (June 2009) states, failed or loose edge restraints are not acceptable. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 25-26 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item #30: Chipped/damaged tiles due to GC dropping tools/rework. Investigator’s Observation: Verified I saw there were four pavers that had readily visible chips on the edges, indicating they had been damaged prior to or during installation. A contractor shall perform all work in a professional and workmanlike manner. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 27-30 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.

Compliance Item #38: No installation of lighting per contract. Investigator’s Observation: Verified The parties disagreed on who was responsible for connecting the landscape lighting.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 I saw that there were no connected landscape lights. I reviewed the contract and noted that, in an undated contract addendum (Cbaldwin_HDK Contract Addendum.pdf), the third bullet point indicates that the Complainant will provide the lighting and the Respondent will connect it. The contract addendum appears to be signed by both parties. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 31-33 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner. Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R4-9-108(B); in part, A contractor shall perform all work in accordance with any applicable building codes and professional industry standards…a contractor shall use such skills, prudence, and diligence in performing and completing tasks…

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R4-9-108(B); in part, A contractor shall perform all work in accordance with any applicable building codes and professional industry standards…a contractor shall use such skills, prudence, and diligence in performing and completing tasks…

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 9-108(a): A contractor shall perform work in a professional and workmanlike manner. Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R4-9-108(B); in part, A contractor shall perform all work in accordance with any applicable building codes and professional industry standards…a contractor shall use such skills, prudence, and diligence in performing and completing tasks…

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item #12: Per SW Gas, connections and plumbing is not to code. Investigator’s Observation: Combined with Compliance Item #11 See Compliance Item #11

Compliance Item #13: No shutoff valve and wrong fittings applied. Investigator’s Observation: Combined with Compliance Item #11 See Compliance Item #11

Compliance Item #15: Electrical not to code/secured. Investigator’s Observation: Combined with Compliance Item #9 See Compliance Item #9

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 This may be the responsibility of the product manufacturer. Note: The Registrar makes no determination regarding the product manufacturer’s responsibility or liability. No further action is required. Reference Picture(s) 14 Governing Rule: N/A

Compliance Item #20: Per SW Gas, no shutoff valve present. Investigator’s Observation: Combined with Compliance Item #19 See Compliance Item #19

Compliance Item #21: No test on line. Investigator’s Observation: Not Verified - Insufficient Evidence Both parties agreed that the Respondent tested the line. The Complainant states that since SW Gas disassembled the gas line the test would need to be re-done. The Respondent understands that the natural gas system for the fireplace and BBQ should be corrected in accordance with applicable building codes and within acceptable minimum workmanship standards. The Registrar cannot dictate the order of operations a contractor may take in completing a project. No further action is required. Reference Picture(s) N/A Governing Rule: N/A

Compliance Item #22: Incomplete hood ventilation. Investigator’s Observation: Combined with Compliance Item #19 See Compliance Item #19

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item #23: Missing chuck valve and ignition starter. Investigator’s Observation: Combined with Compliance Item #19 See Compliance Item #19

Compliance Item #25: Incomplete Paver Patio. Investigator’s Observation: Combined with Compliance Item #10 See Compliance Item #10

Compliance Item #26: Missing paver tiles due to backorder or parts. Investigator’s Observation: Combined with Compliance Item #10 See Compliance Item #10

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 reference to a 1/16 inch paver lippage tolerance. There was Insufficient Evidence to determine if the Respondent agreed to the higher standard. The pavers were installed between September and December 2023. It is a commonly accepted practice to wait until the end of the first year to allow all pavers to settle prior to making corrections. This allows the contractor to correct all instances of settled pavers at one time. No further action is required. Reference Picture(s) 24 Governing Rule: N/A

Compliance Item #29: Needs Poly dressing once complete. Investigator’s Observation: Combined with Compliance Item #10 See Compliance Item #10

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item #34: Refuses to complete scope of work without additional compensation. Investigator’s Observation: Not Verified - Insufficient Evidence The Complainant believes there have been no executed change orders and the Respondent disagrees. The Respondent believes that changes were made verbally and the change was documented with an invoice after the work was performed. The Complainant disagrees with this process. As a note, the Respondent should be aware that failing to complete a project for the price stated in the contract is a violation of A.R.S. § 32-1154(A)(8). The Respondent should complete the project as agreed. Reference Picture(s) N/A Governing Rule: N/A

Compliance Item #36: GC refused to return to complete ANY work until 6 tiles on backorder are available. Investigator’s Observation: Not Verified – This compliance item does not indicate poor workmanship or a violation of A.R.S. § 32-1154(A). The Registrar cannot dictate the order of operations to a contractor. Construction is an imperfect endeavor and contractors are often at the mercy of material suppliers. It would not be appropriate for the Registrar to impose a corrective order for this item. The Respondent should complete the project as agreed when the missing materials are available.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 No further action is required. Reference Picture(s) N/A Governing Rule: N/A

Compliance Item #39: No installation of Cactus per contract. Investigator’s Observation: Combined with Compliance Item #37 See Compliance Item #37

Compliance Item #41: Poor Workmanship (chipped tiles, damaged finishes and structures) Investigator’s Observation: Combined with Compliance Item #30 See Compliance Item #30

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 The Complainant explained that the Respondent repeatedly parked on Scottsdale Road adjacent to the Complainant’s residence, destroying a tree and degrading the landscape rock. The Complainant stated that he is responsible for the damage and has been contacted by the HOA to repair it. Both parties agreed that the Respondent parked on the outside of the wall and destroyed a tree and degraded the landscape rock. The Respondent acknowledged that he is responsible for repairing the damage. Since this damage occurred on HOA property, it would not be appropriate for the Registrar to compel the Respondent to correct it without having a Formal Licensed Complaint from the HOA. The Respondent should correct this item. Additionally, the Respondent should be aware that if the HOA files a Formal Licensed Complaint against him for this allegation, the Registrar will likely issue a corrective order. Reference Picture(s) 36-37 Governing Rule: N/A

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

Sincerely,

Mark Nipp Mark Nipp, Investigator 602 7716740 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Complainant Respondent

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Christopher Baldwin 5846 N Scottsdale Rd Paradise Valley, AZ 85253

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: C&J Renovations LLC DBA: HDK Landscape & Design 1562 E Shannon St Chandler, AZ 85225

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 March 4, 2024

License No. ROC 324811

Re:Complaint No. 2023-14174

WRITTEN DIRECTIVE FROM THE REGISTRAR – AMENDED