2024A-03095-CHC-ROC Notice of Hearing & Packet MAILED 2024-03095.pdf

2024A-03095-CHC-ROC · Registrar of Contractors · 2024-07-17

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Karen Vinikoor , Case No. 2024-03095

COMPLAINANT, Docket No. 2024A-03095-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Pleasure Spas Inc. License No. ROC 166025,

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

HEARING INFORMATION The hearing is set for:

August 20, 2024 1:00 PM Kay Abramsohn 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 June 12, 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)(1) Charge: 2 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Charge: 3 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158.01

Charge: 4 A.R.S. § 32-1154(A)(14) 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 July 15, 2024. By: /s/ Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors

Copy mailed via USPS First Class mail July 15, 2024 to: Respondent(s) Pleasure Spas Inc. 2004 E Irvington Rd #186 Tucson, AZ 85714 Complainant(s) Karen Vinikoor 3850 N Bear Canyon Rc Tucson, AZ 85749

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. 2024-03095 /

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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: Karen Vinikoor 3850 N Bear Canyon Rc Tucson, AZ 85749

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Respondent: Pleasure Spas Inc DBA: Pleasure Pools 2004 E Irvington Rd #186 Tucson, AZ 85714

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 March 18, 2024

Re: Complaint No. 2024-03095

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Monday, June 10, 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 12/23 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,

Gregory Johndrow Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

Cc: File

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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 12/23 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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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 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 12/23 Complainant: Karen Vinikoor 3850 N Bear Canyon Rd Tucson, AZ 85749

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 Respondent: Pleasure Spas Inc DBA: Pleasure Pools 2004 E Irvington Rd #186 Tucson, AZ 85714

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 April 5, 2024

JOBSITE INSPECTION RESCHEDULE Re: Complaint No. 2024-03095

Dear Complainant and Respondent:

The jobsite inspection scheduled for June 10, 2024 at 9:30 AM has been rescheduled for Thursday, May 9, 2024 at 09:30 AM.

If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.

Complainant: Safe access is required to any area to be inspected.

Should you have any questions regarding the above, please contact me.

Sincerely,

Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 Complainant: Karen Vinikoor 3850 N Bear Canyon Rd Tucson, AZ 85749

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: Pleasure Spas Inc DBA: Pleasure Pools 2004 E Irvington Rd #186 Tucson, AZ 85714

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 May 9, 2024

License No. ROC 166025

Re: Complaint No. 2024-03095

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 Monday, May 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 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:

Complaint Item 1: “Fiberglass Pools entered a contract, received money and never completed project- owner said money is frozen.” Investigator’s Observations: Verified. The respondent has abandoned the project. Governing Rule: A.R.S. § 32-1154(A)(1): Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. Complaint Item 4: “Backyard now is a hazard, has a hole that was excavated for a pool with rebar sticking out of the ground” Investigator’s Observations: Verified. The excavation of the pool and trenching was performed and has been left in hazardous conditions for the occupants and pets of the residence. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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 12/23 Complaint Item 5: “Excavating company tore up our drip irrigation and grass. Left us with exposed electrical wires on the ground” Investigator’s Observations: Verified. Underground electrical and irrigation lines were damaged as a result of the respondents work. Both the electrical and irrigation have been left inoperable, causing some of the yards vegetation to die. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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

Complaint Item 2: “All money was paid to Fiberglass pool and Pleasure Pools and Spa” Investigator’s Observations: This statement by the complainant does not implicate a workmanship issue to inspect or report on. Governing Rule: N/A

Complaint Item 3: “Contract was with Fiberglass Pool- not licensed. Owner- Owen requested check and wire be paid to Pleasure Pools” Investigator’s Observations: This statement by the complainant does not implicate a workmanship issue to inspect or report on. Governing Rule: N/A

Complaint Item 6: “We do not have the funds to correct the damage and believe this is a huge hazard/liability” Investigator’s Observations: This statement by the complainant does not implicate a workmanship issue to inspect or report on. Governing Rule: N/A

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

Sincerely,

Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

CC: Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Arizona Registrar of Contractors Jobsite Inspection Notes Case No.: 2024-03095 Investigator: Greg Johndrow #195 Inspection Date: 5/9/2024 Inspection Time: 9:30AM

Complainant: Karen Vinikoor Respondent: Pleasure Pools

Overview of project: In ground fiberglass pool General Notes: These site inspection was performed on this date and time. The respondent was not present for this inspection.

Complaint Item 4: “Backyard now is a hazard, has a hole that was excavated for a pool with rebar sticking out of the ground” Investigator’s Observations: Verified. The excavation of the pool and trenching was performed and has been left in hazardous conditions for the occupants and pets of the residence. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 5: “Excavating company tore up our drip irrigation and grass. Left us with exposed electrical wires on the ground” Investigator’s Observations: Verified. Underground electrical and irrigation lines were damaged as a result of the respondents work. Both the electrical and irrigation have been left inoperable, causing some of the yards vegetation to die. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes

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

Warning Letter: Pool Contract.

Warning Letter: Wrong name.

RCC100 11/14

Picture 1 Jobsite Inspection Photos

Case: 2024-03095 Date: 5-9-24 Address: 3850 N Bear Canyon Rd; Tucson, AZ 85749 Picture 2 Jobsite Inspection Photos

Case: 2024-03095 Date: 5-9-24 Address: 3850 N Bear Canyon Rd; Tucson, AZ 85749 Picture 3 Jobsite Inspection Photos

Case: 2024-03095 Date: 5-9-24 Address: 3850 N Bear Canyon Rd; Tucson, AZ 85749 Picture 4 Jobsite Inspection Photos

Case: 2024-03095 Date: 5-9-24 Address: 3850 N Bear Canyon Rd; Tucson, AZ 85749 Picture 5 Jobsite Inspection Photos

Case: 2024-03095 Date: 5-9-24 Address: 3850 N Bear Canyon Rd; Tucson, AZ 85749 Picture 6 Jobsite Inspection Photos

Case: 2024-03095 Date: 5-9-24 Address: 3850 N Bear Canyon Rd; Tucson, AZ 85749 Picture 7 Jobsite Inspection Photos

Case: 2024-03095 Date: 5-9-24 Address: 3850 N Bear Canyon Rd; Tucson, AZ 85749 Picture 8 Jobsite Inspection Photos

Case: 2024-03095 Date: 5-9-24 Address: 3850 N Bear Canyon Rd; Tucson, AZ 85749 Picture 9 Jobsite Inspection Photos

Case: 2024-03095 Date: 5-9-24 Address: 3850 N Bear Canyon Rd; Tucson, AZ 85749 Picture 10 Jobsite Inspection Photos

Case: 2024-03095 Date: 5-9-24 Address: 3850 N Bear Canyon Rd; Tucson, AZ 85749 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Karen Vinikoor Case No. 2024-03095 COMPLAINANT, v. Pleasure Spas Inc CITATION License No. ROC 166025,

RESPONDENT.

The Registrar issues this Citation to Pleasure Spas Inc (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by June 27, 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 license(s).

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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 THE WRITTEN COMPLAINT On March 14, 2024, Karen Vinikoor (“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 violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge 1: A.R.S. § 32-1154(A)(1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.

Charge 2: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Charge 3: A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158.01 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32-1158.01.

Charge 4: A.R.S. § 32-1154(A)(14) Acting in the capacity of a contractor under any license issued under this chapter in a name other than as set forth upon the license.

Charge 5: 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

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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 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 license(s) 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 license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-03095. 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.

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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than June 27, 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 license(s). 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). 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-

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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 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 license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. 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 license(s) 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 June 12, 2024. By: /s/ Dylan Warwick Dylan Warwick Legal Department Arizona Registrar of Contractors

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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, June 12, 2024 to:

Respondent Certified Mail No: [number redacted]

Pleasure Spas Inc 2004 E Irvington Rd #186 Tucson, AZ 85714

Copy mailed by USPS First Class mail this same date to:

Pleasure Spas Inc 2004 E Irvington Rd #186 Tucson, AZ 85714

Complainant Karen Vinikoor 3850 N Bear Canyon Rc Tucson, AZ 85749 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. 2024-03095 / <<CreatedBy_DW>

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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 DocuSign Envelope ID: 718B7E9E-B1E3-4D7D-9F69-13E00FA4C705

August 26, 2023 Date: _______________________ The terms and conditions on this, the following pages, construction plans, and the model engineering plans, are part of this agreement. This agreement is contingent on acceptance by Pleasure Pools. For this agreement "Contractor" refers to Fiberglass Pools Arizona. This agreement, dated above, is between Contractor and the party named below, herein named "buyer".

Karen Vinikoov Name: ___________________________________________________________________________________ Construction Address: 3850 N Bear Canyon Rd Tucson AZ 85749 _______________________________________________________________________ Lot # ________________________________ Subdivision ___________________________________________ Mailing Address: ____________________________________________________________________________ 520-909-6999 Primary Phone #: _____________________________ Alternate Phone #: ______________________________ Text Messages OK: Y ✔ N Email Address: [email redacted] ____________________________________________________

Max Surface Area: 222 ________ Max Width 11’8” _________ Max Perimeter: 75 _________ Max Length: 25’1”3’1” _________ Mandalay Bay Pool Design: ________________________________ Depth Profile: 3’1” ______ Ft to 5’9” ______ Ft to 5’9” ______ Ft Included in all packages unless otherwise stated: final site clean-up (remove all garbage and materials, basic grade) Pool care and start up instruction in person, Basic Maintenance kit & start-up chemicals. All necessary insurance policies.

General Construction

✔ 1. Basic engineering _______________________________________________________________________________________

✔ 2. Building Permit __________________________________________________________________________________________

✔ 3. Layout and forming _______________________________________________________________________________________

✔ 4. Excavation/Dirt Removal ___________________________________________________________________________________

✔ Standard Access 10’ 5. Access _________________________________________________________________________________________________

6. Landscape Restoration by: Fiberglass Pools Arizona Homeowner ✔ Details: _______________________________________

____________________________________________________________________________________________________________

N/A 7. Wall Down by: _____________________________________________________________________________________________

8. Wall up by: N/A ________________________________________________________________________________________________

9. Trees/Stumps removed by: N/A ____________________________________________________________________________________

TBD - To be determined 10. Pool Elevation: ____________________________________________________________________________________________

____________________________________________________________________________________________________________ DocuSign Envelope ID: 718B7E9E-B1E3-4D7D-9F69-13E00FA4C705

Plumbing and Equipment

Up to 2 return lines 11. On site pressure tested plumbing schedule 40 pvc. Return Quantity___________________________________________________

12. Pipe Size: Returns 1______in. Main Drain 2_____in. Skimmer 2 2 _______in. Equipment to Pool ______ in.

Rebel suction side cleaner 13. Cleaning System ___________________________________________________________________________________________

VSP 14. Pump: ___________________________________________________________________________________________________ 400,000 15. Heater: ✔ BTU: ______ Natural Gas: Skimmer 2 _____ in

16. Freshwater fill line with anti- siphon breaker: ✔

17. Spa Jets: Yes ✔ No Number 4 ___________

18. Saltwater System No Salt _______________________________________________________________________________________

____________________________________________________________________________________________________________

Electrical Specification

19. ✔ 2___________________________ White LED Light with GFI

20. ✔ Electrical connection with up to 50’ ____________ ft. run to homeowner’s adequate service panel.

21. ✔ Switch location: At equipment set _________________________________________________________________________________________

____________________________________________________________________________________________________________

Deck

22. Deck Area and Type: Travertine square edge coping, standard colors ________________________________________________________________________________________

TBD 23. Deck Color: _______________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________ DocuSign Envelope ID: 718B7E9E-B1E3-4D7D-9F69-13E00FA4C705

Landscape/ Hardscape

24. Turf: YES ✔ NO Details: __________________________________________________________________________________

25. Pavers: YES ✔ NO Details: _______________________________________________________________________________

26. OTHER: Appropriate size cartridge filter __________________________________________________________________________________________________

____________________________________________________________________________________________________________

NOTES

o All payments are due upon receipt of invoice. Non-Payment will result in a pause in the work on the project. Once payment has been made you will be placed back into the project que. This may result in a delay in your project. o There will be a charge for each change or addition from the agreed proposal and plan. o Financed purchase installment contracts will comply with requirements for consumer credit cost disclosure. o Pleasure Pools assumes no responsibility for the following items: sewer lines, inadequate electrical service panel, overhead electric and utility lines, underground utilities, curbs, drives, sidewalks, irrigation systems, and any other underground services or utilities. o ALL agreements must be in writing, verbal agreements are void. o Owner understands city/county fence and gate requirements (barrier- enclosure codes) o See additional Addendum Pages

By initial below I acknowledge the above special notes

___________________ Initial Initial DocuSign Envelope ID: 718B7E9E-B1E3-4D7D-9F69-13E00FA4C705

Details/Modifications

Any additions will be a change order. ____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________ DocuSign Envelope ID: 718B7E9E-B1E3-4D7D-9F69-13E00FA4C705

Pool Construction Information and Clarification Page

This document is given to provide additional information about the pool construction process. It will need to be read carefully and signed to ensure that all parties involved fully understand all aspects of the large construction project we are agreeing to undertake. This signed document is considered part of the pool contract and ensures Fiberglass Pools Arizona has communicated some of the challenging aspects of the construction process to you.

Please ask any questions and/or concerns you may have about any information stated here. Upon signing this form, you are accepting full understanding of all the information provided.

Landscape restoration and/or utility line repairs are not included in the base pool package pricing. If you chose to Fiberglass Pools of Arizona be responsible, you will be charged according to the scope of work involved. If not, the owner will be responsible for moving landscape rocks, plants, or any other items in ALL of the work areas including the access, utility line, pool, decking, and any other areas we will be working in before the pool layout is done.

Sidewalk repair is not included in the base pool pricing. Usually they do not break/crack, but there is a possibility that this could happen, since there will be large, heavy trucks driven over the sidewalk. If needed, we can repair breaks/cracks at a cost of $200.00 per standard sidewalk square.

We will make a mess in the street. This is unavoidable. It will not be any different from other pool construction projects. We will cleanup any loose-dry dirt, etc. each day if possible. It is possible that there could be permanent oil spots, scratches, or other minor damage during the construction due to the usage of dump trucks, concrete trucks, forklifts, delivery trucks, excavators, skid-steers, large compressors, and pump rigs, etc. We will be using any parking spaces available, this includes parking in front of your neighbors’ houses if more room is needed, for the workers trucks, trailers, and equipment. We try to make this as unobtrusive as possible, but it can be inconvenient for you and your neighbors at times. We can come and power-wash the street and clean it up as best as possible at the end of the project.

I have been informed and understand the landscape restoration and cleanup aspects of this project.

Initials __________________

One of the most difficult aspects of pool building is dealing with change orders. These can result in mistakes and misunderstandings. To avoid this, we will need every change order to be executed using an addendum to the contract. It will state the complete scope of the work that is being modified, added, or removed, the agreed upon price for the changes, signatures, and date. This will be added to the contract as a permanent record. VERBAL AGREEMENTS WILL NOT BE BINDING.

Understand that any change orders may result in delays to the construction time because said changes will have to be noted, plans may have to be revised, the scheduler, project manager, bookkeepers, sub-contractors, material suppliers or other pertinent people will have to be informed/updated as to the new plan of events to avoid confusion and mistakes.

I understand how the change order process works. Initials __________________

When you decide to have a pool constructed, it is because you desire to swim- and our goal is to get you swimming as soon as possible! For a typical pool without any complications, specialties, or modifications, we expect the construction process to take between 4-6 weeks from the time of excavation. Always sooner if possible! There are numerous factors that are beyond our control, such as sub trades' schedules, weather conditions, illness, material delays, and change orders. We will always try to inform you about these issues and keep you informed about the expected schedule dates. There will be periods when no workers are present at your site- this does not imply that we have forgotten about you or your project. Every project has its natural ups and downs. If you have any inquiries about your project's timeline, please contact the operations manager via text, email, or phone call

I understand the fluid timeline of this construction process. Initials __________________ DocuSign Envelope ID: 718B7E9E-B1E3-4D7D-9F69-13E00FA4C705

During a large project like this, it is natural to experience moments of frustration or confusion. We will not tolerate any form of disrespectful or aggressive conduct towards our staff or subcontractors. Our office hours are from 8-4:30, Monday to Friday. While you are free to contact us via email or text at any time, please note that we will only respond in case of emergencies outside of these hours. We are all human and mistakes can happen. Just as we will treat you with kindness and respect, we expect the same in return. We encourage you to express your concerns, frustrations, and positive feedback in a polite and respectful manner. If you engage in rude or abusive behavior towards our staff, you will receive one written warning. After that, we reserve the right to terminate your contract. At that time, all payments up to and including the current stage of the project will be due.

I understand the expectations for respectful conduct and agree to these terms. Initials __________________

The biggest source of dissatisfaction on a new pool project is often the decking. THERE IS NO PERFECT DECKING MATERIAL- ALL DECKING HAS INHERENT FLAWS. Any choice of a deck material will have a compromise of some kind. The more decking that is added to a project, the greater the chance that there will be minor flaws. We will always install decking using skilled personnel and the highest quality standards possible, but there is still the possibility of minor cosmetic imperfections.

CONCRETE DECKING WILL ALWAYS HAVE THE POSSIBILITY OF MINOR CRACKS. We install control joints in the concrete to attempt to create "break points" throughout the concrete deck. Most often, the concrete will crack in the control joints. There is always the possibility that your concrete could crack outside the control joints. These cracks are cosmetic only and not structural; never so wide that a penny could fit in the crack and never more than one crack in any area between the control joints. Very small, hairline cracks running perpendicular from the pool edge are possible because concrete is designed to cure on dirt.

While your concrete will be professionally finished, please understand that it is a hand finished, troweled product that can have small imperfections - as can anything that is hand crafted by humans.

Concrete will cure differently every time it is poured. The color samples are approximate, and each time concrete is poured, it can have a different shade. COLORED (OR GRAY) CONCRETE WILL CURE OUT "SPLOTCHY" AND WILL HAVE LIGHT AND DARK SPOTS. Concrete will take years to cure out to its final color, although it will be close to its final color within one year. None of these situations are defects, they are inherent characteristics of colored (or gray) concrete. Colored concrete (especially darker color selections which we do not recommend) can be quite hot in direct sunlight in the summer.

Cool Deck/Acrylic Lace is a topping placed on top of the concrete. It is a product that is troweled to a "knockdown" textured finish. It is not always uniform around the entire deck due to weather, sun/shade variations and other factors. Cool Deck/Acrylic Lace is not cool when it is in direct sunlight on the hottest days of the summer (although it is cooler than other products). If you want the coolest decking possible, you should select a very light and bright color. Cool Deck/Acrylic Lace can deteriorate over the years and may need to be redone in the future, but it is a very good choice for a comfortable, relatively cool, nonslip deck around a pool.

Concrete pavers are very hot in direct sunlight. The color blends can have a wide variance of dominant colors each time they are manufactured. They will fade and lose their brightness over time. They are not a comfortable pool edge. On the plus side, they are very durable, easy to repair, easy to add to or modify the shape of the decking area. They are attractive and colorful.

Travertine can be very slippery around a wet pool environment. It can and will create a slipping hazard and is not recommended for households with children. It is a natural stone with cracks, holes and chipped edges in some cases and can have wide color variations even in the same pallet. On the plus side, it is very durable/long-lasting, will not lose its color, is easily repairable, is able to be extended, is relatively cool (especially ivory color) and can look very beautiful - especially on linear pool designs.

I understand the inherent flaws in any type of decking. Initials ___________________ DocuSign Envelope ID: 718B7E9E-B1E3-4D7D-9F69-13E00FA4C705

Owners Responsibility

13. The swimming pool shall be constructed upon the land in an area designated by the Buyer. The Buyer warrants that he is familiar with the location of property lines. The Buyer Is completely responsible for and will pay for any needed costs associated with zoning variances, waivers, easements, association permits and any other costs needed to construct within the area designated by the Buyer. Owner covenants and indemnifies and will save harmless the Contractor from any suit, claim or action of the buyer or third party, firm, corporation, or any other entity for the location of the swimming pool/spa in the location designated by the Buyer. 14. Buyer will provide clear and open access of 10 feet (unless otherwise specified within this agreement). Buyer will provide site clear of debris, weeds, and any other. objects which would interfere with equipment and worker access within the construction site and access ingress/egress. The Buyer will protect all trees, shrubs, plants and other objects the Buyer wishes to preserve within the immediate and adjacent area of construction. 15. The Buyer will be responsible, for obtaining access permission via adjacent property, not owned by the Buyer, and will be responsible and hold Contractor harmless, for any damage to such adjacent properties. Buyer accepts all risks associated with Contractor’s use of adjacent property. 16. All risks for damage to sidewalks, driveways, curbs, plants, lawns, sewers, septic, leech fields, underground lines, irrigation lines and implements, fences, and other objects on the Buyers property, and adjacent properties which the Buyer has obtained permission to use for access and construction. 17. Buyer will furnish any power, water, or other utility necessary to construct the swimming pool/spa. Any necessary upgrades or modifications to existing utilities service, electrical panel, relocation of utilities and overhead powerlines, communication lines and other services are the sole responsibility and at the expense of the Buyer. 18. Buyer assumes all responsibility and expense for damage to the swimming pool and other Items associated with the construction of the swimming pool from vandalism, theft, Irrigation systems, utilities, and any other person or thing - outside the direct control of the Contractor, while pool is being constructed. 19. Fencing, barrier code compliance, and enclosure code compliance are not included in this contract unless directly specified above. Buyer will comply with all codes regarding enclosure and barrier code compliance at Buyers expense.

Financing

20. Contractor may assist the buyer in obtaining financing, but in no event are the financing arrangements a condition of this contract. It is agreed financing Is the absolute responsibility of the Buyer. If installment payments are part of this contract, it is agreed that (time is valuable, important and of the essence. Should any payment/s become delinquent, the entire balance of principle may be declared due and payable upon the request of the Contractor.

Attorney Fees

21. In the event the services of an attorney are required by the Contractor for enforcement of any provision of this contract, including by not limited to anticipatory breach of this contract, failure to pay any of the sums required within the contract, or alternatively resulting out of any claim made against the Contactor by the Buyer, than in such event, if the Contractor is successful in the recovery of any such sums or does not successfully avoid any of the relief sought by the Buyer against the Contractor, than Buyer agrees to pay reasonable attorney's fees and all other costs in defense incurred by the Contractor.

General

22. This contract shall be binding upon the inure to the benefit of the executors, administrators, assigns and legal successors of the parties hereto. 23. This contract is the full agreement between the parties and parties are not bound by any statements or representations or oral expressions by any agent or person purporting to act for on behalf of either party. This agreement is not binding upon the contractor unless and until it is accepted by an authorized officer of Fiberglass Pools Arizona. Copies do not require written acceptance.

DocuSign Envelope ID: 718B7E9E-B1E3-4D7D-9F69-13E00FA4C705

Limited Warranty

This limited warranty is subject to the Buyer complying with the following conditions: - The pool/spa will be filled with water at all times except for the purposes of repair or maintenance not to exceed 9 days. - The swimming pool shall be used in a normal and reasonable manner and shall be operated in accordance with the Fiberglass Pools Arizona Instruct. - All guarantees and warranties become effective when Fiberglass Pools Arizona receives the complete contract amount including any addendum or change order amounts.

Warranty

24. Fiberglass Pools Arizona warrants the construction work performed to be defect free in materials and workmanship for a period of one year. 25. The gel/color coat has a 10-year warranty to the original Buyer. 26. 25-year warranty on the shell to the original Buyer. 27. Manufactured parts are covered for one year. There will be no labor charges to repair or replace parts or to adjust equipment during the warranty period. 28. Wear and tear, abuse, and neglect are not warranted. There is no warranty covering walkways or decking from cracking, raising, settling or discoloration unless proven to be the result of defective workmanship or materials supplied by the Contractor. 29. Pool Interior Is not warranted against discoloration or staining since these are often due to local water conditions, weather conditions, lack of cleaning and improper chemical usage.

Performance

30. To obtain performance the Buyer should contact Fiberglass Pools of Arizona at 2004 E Irvington Rd, Suite # 186, Tucson Arizona 85714. 520-358-9884. 31. Fiberglass Pools Arizona is not responsible for the replacement of water, chemicals, or energy as a result of performing any work under the Limited Warranty of this agreement. 32. In the event Fiberglass Pools Arizona is requested to perform warranty work under this Limited Warranty and a service representative is sent to the pool site and determines that no service is required by this warranty, then the Buyer will be responsible to pay Fiberglass Pools of Arizona a reasonable service fee for the service call.

Notice to the Buyer

- Do not sign this contract before you read it. - Do not sign the agreement if it contains blank spaces. - You are entitled to an exact copy of the contract you signed.

We have read and agree to the above noted points that are part of our contract:

___________________________________________________ 8/30/2023 ___________________________ Buyers Signature Date

8/30/2023 ___________ _______________________________________ ___________________________ Buyers Signature Date

DocuSign Envelope ID: 718B7E9E-B1E3-4D7D-9F69-13E00FA4C705

Notice of Cancellation

You may cancel this transaction, without any penalty or obligation, within three business days from the transaction date August 30th, 2023 _______________________________. If you cancel, any property traded in, any payments made by you under the contract sale, and any negotiable instrument executed by you will be returned within 10 days following receipt by the seller of your cancellation notice, any security interest arising out of the transaction will be cancelled.

If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods, drawings, or literature delivered to you under this contract or sale, or you may If you wish, comply with the Instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.

To cancel this transaction, mall or deliver a signed and dated copy of this cancellation notice. or any other written notice, or send a letter to Fiberglass Pools of Arizona at 2004 E Irvington Rd, Suite # 186, Tucson AZ 85714.

I hereby Cancel this transaction.

___________________________________________________ ___________________________ Buyers Signature Date

6/26/24, 9:01 AM State of Arizona Mail - Written answer to citation and complaint 2024-03095

Answers - AZROC <[email redacted]>

Written answer to citation and complaint 2024-03095 message

Operations <[email redacted]> Wed, Jun 26, 2024 at 8:49 AM To: answer <[email redacted]>

To Whom it May Concern,

We are writing in response to citation and complaint 2024-03095 with Karen Vinikoor.

In regard to the directive to complete the work, we have tried to correspond with Ms. Vinikoor to make arrangements to either move forward or cancel and she has been unresponsive. Pleasure Pools has had financial difficulties in the past year that has hindered us from moving this project forward. Owen Brown attended an in person meeting with Ms. Vinikoor and her daughter Nicole Fox to discuss moving the project forward. In that meeting they agreed to work with the company as we found a solution. The next day we received the AROC complaint and they stopped responding to our attempts at communication.

We offered to cancel their contract and look at a satisfactory amount to refund and they did not respond.

As a company we can not move a project forward without the consent and co-operation of the homeowner.

In regard to the charge of operating under a name without a license, Fiberglass Pools of Arizona is a legal DBA of Pleasure Spas Inc. We were under the understanding that our lawyer had registered this with AROC as well but clearly he did not. We will no longer be operating under this company name and so have not taken steps to register it at this time.

Kindest Regards,

Carly Brown 1.520.403.8960 Office [email redacted] www.pleasurepoolstucson.com

https://mail.google.com/mail/b/AEoRXRRXSmi9Lzg70f0hcMCgzg0L2sQxsnDIqJeLwN39AROdZrYl/u/0/?ik=581c53cf5c&view=pt&search=all&permthid… 1/1 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