2024A-07362-CHC-ROC Notice of Hearing & Packet MAILED 2024-07362.pdf

2024A-07362-CHC-ROC · Registrar of Contractors · 2024-10-09

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Janet Bonker , Case No. 2024-07362

COMPLAINANT, Docket No. 2024A-07362-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Kylaco Inc. License No. ROC 129114,

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

HEARING INFORMATION The hearing is set for:

November 22, 2024 1:00 PM Samuel Fox 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 September 13, 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)(12) - A.R.S. § 32-1158 Charge: 5 A.R.S. § 32-1154(A)(16) Charge: 6 A.R.S. § 32-1154(A)(22)

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

argument to the administrative law judge.

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

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

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

HEARING PROCEDURES AND RULES

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

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

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

HEARING PACKET

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

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

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

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

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

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

Registrar. A.R.S. § 41-1092.04.

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

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

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

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

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

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

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

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

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

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

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

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

RESOLUTION SHORT OF ADJUDICATION

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

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

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

such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated October 9, 2024. By: /s/ Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors

Copy mailed via USPS First Class mail October 9, 2024 to: Respondent(s) Kylaco Inc. 10241 N McGinnis Rd Marana, AZ 85653 Complainant(s) Janet Bonker 12121 N Puma Road Marana, AZ 85653

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. 2024-07362 /

Hearing Packet FAQ What is the The Hearing Packet is a packet of certain documents collected or Hearing Packet? issued by the Registrar over the course of its investigation. Who gets the The Hearing Packet is assembled and distributed to all parties and Hearing Packet? to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing. What types of The Registrar prepares a Hearing Packet for Complainant-Handled cases does the Cases and No-Pay Cases. Note: If the Docket Number on the Registrar prepare a Notice of Hearing contains a “CHC” or “NPC”, your case is a Hearing Packet for? Complainant-Handled Case or a No-Pay Case. What is in the The Hearing Packet contains essential case-specific documents and Hearing Packet? at a minimum will include the following documents: ● Original complaint; ● 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 If there is any evidence you submitted to the Registrar that are not documents missing included in the Hearing Packet it is your responsibility to introduce from the Hearing that evidence at the administrative hearing. Note: The Packet? 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

How do I disclose You must properly disclose any and all documents and witnesses evidence I intend to you intend to use at your hearing according to the Registrar’s use at a Hearing? 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 If you previously submitted documents to the Registrar and need a documents I copy of these documents, please contact the Registrar’s Legal previously submitted Department or submit a public records request at to the Registrar? 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: Janet Bonker 12121 N Puma Road Marana, AZ 85653

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Respondent: Kylaco Inc 10241 N McGinnis Rd Marana, AZ 85653

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 July 19, 2024

Re: Complaint No. 2024-07362

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for August 21, 2024 at 08:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 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 Received by Investigations 8/7/24, 6:59 AM State of Arizona Mail - Response to complaint No 2024-07362 07/30/2024 From the Respondent

John Smith <[email redacted]>

Response to complaint No 2024-07362 messages

Robert Narum <[email redacted]> Tue, Jul 30, 2024 at 11:14 PM To: "[email redacted]" <[email redacted]>

Mr. Smith,

Please find attached response to the above complaint.

Please advise if a mailed copy is preferred.

Thank you,

Robert L. Narum

AZ Reg Complaint.docx 20K

John Smith <[email redacted]> Wed, Aug 7, 2024 at 6:59 AM To: Janet Bonker <[email redacted]>

Ms. Bonker, I am forwarding you information received from the respondent. Thank you,

John Smith Investigator #194 Arizona Registrar of Contractors 1700 W. Washington St., Suite 105 Phoenix, AZ 85007 Phone: 520-483-0027

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https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 1/2 Received by Investigations 8/7/24, 6:59 AM State of Arizona Mail - Response to complaint No 2024-07362 07/30/2024 From the Respondent

[Quoted text hidden]

AZ Reg Complaint.docx 20K

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 2/2 Received by Investigations 07/30/2024 From the Respondent

7/30/2024

Re: Complaint No 2024-07362 License No. ROC 129114

Dear John Smith Investigator #194:

Per our conversation on 7/30/2024, a written response is being provided regarding complaint number 2024-07362.

We reside in a small rural community outside of Marana. The area was hit by severe monsoon storms later part of 8/2023-early 9/2023. We were contacted by Ms. Rosette-Bonkers requesting guidance as their roof had been damaged in the storms. Mr. Rosette is a long-term member of the community and we have known him for over 40 years. It is our understanding that Mrs. Rosette-Bonkers was attempting to gather information regarding the damage in order to have a productive conversation with her insurance representative. Upon the ﬁrst visit, it became obvious a roofer was warranted. Through the community, I was aware of a local roofer who was contacted and quickly agreed to meet us to assess the damage. Mrs. Rosette-Bonkers requested further guidance with being present at the time of the insurance adjuster’s visit. The adjuster essentially identiﬁed the same areas of damage that Mrs. Rosette-Bonkers was already aware of. ServPro was already on the site and it was assumed that they would complete per the adjuster’s recommendations. It is our understanding that Mrs. Rosette-Bonkers became disenchanted with ServPro and requested our assistance in repairing the home. At this point ServPro had tarped the roof, packed and placed belongings in storage and took out a built-in display cabinet. Her insurance adjuster was aware of her desire to remove ServPro and request repairs performed by ourselves and the local roofer. The adjuster required a contract which was provided along with abstracts regarding scope of work. To be clear, there was no intent to bid this project. It was ignorance, naivety that this was providing assistance to an old friend, neighbor, community member.

In response to her speciﬁc concerns, listed on the upper portion of page 2: • First abstract requested $15,000 up front for material. Roofer needed ‘Up front” monies to order supplies. Mrs. Rosette-Bonkers chose to provide $7,000 cash on 9/9/2023 as she did not want to delay work until the insurance check arrived.

• $12,000 was then provided on 9/16/2023. It was believed this was after she had received a check from her insurance, however speciﬁc details regarding what was received from her insurance are not known. Received by Investigations 07/30/2024 From the Respondent

• In communications on 11/13/2023 and 11/14/2023 Mrs. Rosette-Bonkers indicated that she was awaiting ﬁnal payment from her insurer coming “from Atlanta oﬃce”. 11/17/2023 indicated she was still awaiting payment.

• 11/20/2023 text message from Mrs. Rosette-Bonkers with a picture of wood she wanted replaced in the Arizona Room. While this was likely due to years of water damage and not a part of the roof that had recently sustained storm damage, it was replaced the following day, 11/21/2023. While communicating that this had been replaced, her concerns regarding gas oven were also addressed same day. Request for letter of completion was also included in the conversation.

• 11/21/2023 conversation also disclosed that adjuster had reported that invoice had been previously paid in full, no further payment was expected.

• Communication regarding “punch list” from Mrs. Rosette-Bonker on 12/8/2023 was after occupying the home.

Response to allegations listed on complaint: As several of these are regarding the same issue, will attempt to address without repetition.

• Wood Stove is very old. Cannot ﬁnd replacement parts. Home owner was made aware that there are no replacement parts available and a complete new stove would be best. She chose to not replace. Stove pipe blew oﬀ during the storm. This was cleaned up and painted. It was noted that the original did not have a ﬂame arrestor. Searched for most compatible ﬂame arrestor which was added. The ﬂue pipe already had tiny holes, again likely because of age. Suspect the leaking she has noticed is from the ﬂue. If now leaning, likely due to weather as it is quite tall. The original stove pipe was placed back in its original position with the addition of a ﬂame arrestor.

• Completion letter was requested after addressing concerns regarding wood in the Az. Room and gas stove, which were not items damaged in the said storm. Home owner occupied home before mention of her “punch list”.

• Ceiling registers left oﬀ as home owner wanted to paint.

• All Doors in the aﬀected areas were rehung after ﬂooring placed. This included the restroom door which was removed by the owner as she was retiling that room. Of note, this was not a room aﬀected by the storm.

• Flooring: Original discussion and plug number was for replacement of carpet and padding. Home owned later decided against that and purchased LPV. Her purchase was credited on billing. Original concrete was found to be cracked and very uneven. This required areas to be Received by Investigations 07/30/2024 From the Respondent

ground and other spots ﬁlled. In addition, adobe block wall is very irregular. Flooring was installed per manufacturer recommendations with space to allow for expansion and contraction. Stair nose is not required but does improve aesthetics. Flooring material provided by the home owner was installed. There were no supplies of stair nose, molding or glue/caulking. Caulking was used was on reducer in the kitchen which is apparently gone now, suspect this was bumped during move in. Again, intent to occupy was not shared.

• Sheet rock installation at top of windows was placed at same heights for aesthetics. Working with original windows which were poorly placed. Typically, painters correct this with backer rod and caulking.

• Black tile, VCT, in unaﬀected bedroom was likely exposed to water from wet carpet which abutted the tile. Loose tile was not appreciated previously or at time of ﬂooring installation.

• Lower border of the furnace ﬁlter exchange may have been inadvertently exposed to caulking at the time of base placement as it is in very close proximity.

• The home was damaged on the east side of the roof, no shingles missing on the west side. The adjuster’s determination was only for the east side of the home. The home owner wanted the swamp cooler, which was on the west side of roof, removed. Given this and inability to match previous shingles, the entirely of the main house was included in the rerooﬁng. As expected, any damaged plywood from the roofer’s vantage was replaced. At the time rooﬁng was completed there were no reported concerns of leaking. On an ISO ﬂat roof, per manufacture, ISO board screws must penetrate the plywood. Cutting screws voids manufactures warranty. May be unsightly, but could be concealed with additional material without aﬀecting integrity.

• Mrs. Rosette-Bonker’s allegation of harassment is unfortunate. As previously reported, we reside in a small community. We have no control over other’s opinions, words or actions.

Given accusation of harassment, there is some concern/hesitation regarding ability to request an opportunity to inspect the work included in complaint prior to investigators visit. There was no malicious intent nor was it thought to be a crime to attempt to help them as requested. Inquiry about ﬁnal payment, which would have also allowed for purchase of remaining materials, went without resolution. The home was then occupied without notice, which provided reasonable assumption that the home owner accepted the project. All work performed on this project was within industry standards.

Respectfully,

Robert L. Narum Complainant: Janet Bonker 12121 N Puma Road Marana, AZ 85653

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Respondent: Kylaco Inc 10241 N McGinnis Rd Marana, AZ 85653

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 August 9, 2024

Re: Complaint No. 2024-07362

Dear Complainant and Respondent:

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

Sincerely,

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

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

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 Arizona Registrar of Contractors Jobsite Inspection Notes Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Complainant: Janet Bonker Respondent: Kylaco Inc

Present for the complainant: Janet Bonker Present for the respondent: Robert Narum, Larry Duke • The complainant did not know Larry Duke, and did not allow Larry Duke to be present for the inspection. Larry Duke left at the beginning of the inspection. Overview of project: Water/storm damage restoration.

As stated on the complaint form, this complaint is for: Abandonment;Poor work;Other:

(Complaint Items) Complaint Item 1: “Contractor spoke with me once and just wanted payment, would not look at the issues not completed. Contractor asked for upfront moneys down payment partial of cash and then asked for more before given as a bank check before Insurance arrived,” Investigator’s Observations: This statement by the complainant does not implicate a specific workmanship issue, or a specific violation of A.R.S. § 32-1154(A). Governing Rule: N/A

Complaint Item 2: “Work is not completed” Investigator’s Observations: Verified. The signed contract includes: • Inclusions: Removal of additional ceiling, wet insulation, carpet and associated trim from additional areas of water damage exposed as work was in progress. This includes Dump trailer and offsite disposal. Identification of need for additional plywood at roof damage. Installation of R- 30 insulation and sheetrock additional damaged ceilings. Repair of furnace damage as reported by Southwest Gas. Additional flooring and installation beyond abstract. • The work to be performed under this Contract shall be commenced on or before September 5 2023. Work shall be substantially completed as conditions allow. As further described in subsequent complaint items, the project is not complete. Additionally, several aspects of this project required a building permit to be obtained prior to commencement of the work; however, all work was performed without a permit being obtained. Governing Rule: A.R.S. § 32-1154(A)(2): Departure from or disregard of: (b) A building code... 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

Arizona Registrar of Contractors Jobsite Inspection Notes Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes...

3, 23 Complaint Item 3: “and roof is leaking after rain in certain area.” Investigator’s Observations: Verified. Metal roof edge metal is installed on top of the underlayment. Metal roof edge metal not installed correctly at transition to low slope roofs. Evidence of leaking as a result of incorrect installation of roof edge metal. Poor/incorrect flashing at several roof penetrations/protrusions. Evidence of leaking as a result of poor/incorrect flashing at several roof penetrations/protrusions. 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.

(Allegations) 4, 16 Complaint Item 4: “Roof Stove pipe is not installed correctly, it has bent 5 degrees to the north, not secure; Front Porch ceiling plywood;” Investigator’s Observations: Verified. • The respondent acknowledged the stove pipe is leaking, further stating the incorrect cap is installed. • Continued leaking has caused additional damage to the chimney sections. • Continued leaking has caused damage to the surround interior ceiling. • The chimney is loose and leaning. The respondent pushed the chimney demonstrating how loose the connections are. 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: “No "Walk Through" with Contractor and Owner, Contractor did own walk through, walked off job” Investigator’s Observations: This statement by the complainant does not implicate a specific workmanship issue, or a specific violation of A.R.S. § 32-1154(A). Governing Rule: N/A

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Arizona Registrar of Contractors Jobsite Inspection Notes 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 7: “Closet doors removed and not replaced in hallway and bedroom” Investigator’s Observations: Verified. Closet doors in the front bedroom, and hallway closet, have been removed and not reinstalled. 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 8: “Spaces in the installation of the flooring in areas Gaps between walls and flooring unfinished” Investigator’s Observations: Verified. • Areas of jambs and casing over-cut, as much as 1/4 inch above the surface of the flooring. • Several areas without required expansion space at perimeters of the flooring. • Several areas of exposed edges and cut ends of the flooring. 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 9: “Flooring at Step in hallway near bedroom and pantry not secured before move in, no stair nose” Investigator’s Observations: Verified. There is no stair nose material installed at the step, causing the flooring to be loose/unsecured. 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 10: “Step into Den, stair nose edging not installed as required.” Investigator’s Observations: Verified. There is no stair nose material installed at the step, causing the flooring to be loose/unsecured. 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.

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Complaint Item 12: “Molding around wood stove flooring area was not installed securely with glue, loose molding” Investigator’s Observations: Verified. Transition molding between the tiled hearth area, and the laminate flooring: • Loose / unsecured • Excessive gaps at miters • Incorrect size to completely cover edges/ends of the laminate flooring • Incorrect size to allow for required expansion space 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 13: “Bedroom tile(black) loosened unsecured when installing molding kit to tile and flooring” Investigator’s Observations: Conditions described are present; however, not verified as the responsibility of this respondent. There is one loose vinyl tile a back bedroom, near the doorway. This flooring is pre-existing. There is insufficient evidence to verify this as the responsibility of the respondent. Governing Rule: N/A

Complaint Item 14: “Caulking not cleaned up on flooring installation” Investigator’s Observations: Verified. There are areas of caulking and glue residue on the surface of the flooring, primarily noticeable at doorways. 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 15: “Air vent to furnace filter exchange was caulked shut, not able to access to change filter” Investigator’s Observations: This allegation is NOT verified. The complainant stated she has already corrected this herself. Governing Rule: N/A

4, 16 Complaint Item 16: “Indoor Stove pipe leakage after a rain at ceiling attachment Indoor Stove pipe not reviewed for safety after storm/water damage creating tiny holes Wood stove not tested after new stove pipe outside installed on roof, Roof leaking in that area Roof Stove pipe is not installed correctly, it has bent 5 degrees to the north, not secure” RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes Investigator’s Observations: Verified. • The respondent acknowledged the stove pipe is leaking, further stating the incorrect cap is installed. • Continued leaking has caused additional damage to the chimney sections. • Continued leaking has caused damage to the surround interior ceiling. • The chimney is loose and leaning. The respondent pushed the chimney demonstrating how loose the connections are. 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 17: “Contractor is harassing Owner for final payment through his relatives and friends to contact owner” Investigator’s Observations: This statement by the complainant does not implicate a specific workmanship issue, or a specific violation of A.R.S. § 32-1154(A). Governing Rule: N/A

Complaint Item 18: “Some area of the floor area are floating not stable” Investigator’s Observations: Verified. The area pointed out by the complainant is in the hallway area. The area was checked using a four foot level. Within a 36 inch span, there is a low spot of approximately 7/32 inch. Within a 77 inch span, there is a high spot of approximately 7/32 inch. This amount of waviness/variation is considered to be excessive. This amount of waviness/variation is not acceptable for this type of flooring. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 19: “Roof eaves have 1 1/2" to 2" nails through the plywood exposed,” Investigator’s Observations: Verified. Shingled roof areas: • Numerous shingle nails have penetrated the bottom side of the roof sheathing, causing splintering at the roof overhangs. • Some nails have been ground off causing burns marks on the bottom side of the roof sheathing at the roof overhangs. o Applicable building codes and manufacturer requirements both require shingle nails to penetrate through the roof sheathing; however, splintering and burn marks are the responsibility of the respondent. Low slope areas: • Several roofing material screws are penetrating through the roof sheathing, approximately 1-1/2 to 2 inches. o The respondent acknowledged these screws should be cut.

RCC100 11/14

Complaint Item 20: “bad plywood…” Investigator’s Observations: Verified. • Some areas of the roof sheathing are not securely fastened down to the rafters, with visible gaps between the rafters and the bottom side of the sheathing. • There are areas of deflection at seams due to inadequate or improper edge support. • There is inadequate expansion space between sheets of sheathing. There are several areas of no spacing between sheets. • Replacing roof sheathing is permit required work. This work was performed without a permit being obtained. 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 21: “bad plywood not replaced in areas” Investigator’s Observations: Verified. • At least one are along the west side of the house, with what appears to be, roof sheathing replaced with used materials. • At least one area along the west side of the house, with damaged broken sheathing. 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 22: “Roof is leaking in rear of house into 2 bedrooms…” Investigator’s Observations: Verified. The complainant pointed out several locations of water stains inside the house. There is poor/incorrect flashing at several roof penetrations/protrusions. Additionally, the signed contract includes: • Inclusions: Removal of additional ceiling, wet insulation, carpet and associated trim from additional areas of water damage exposed as work was in progress. 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.

3, 23 Complaint Item 23: “Roof is leaking…in Arizona Room space after rain” Investigator’s Observations: Verified. Metal roof edge metal is installed on top of the underlayment. Metal roof edge metal not installed correctly at transition to low slope roofs. Evidence of leaking as a result of incorrect installation of roof edge metal.

RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes Poor/incorrect flashing at several roof penetrations/protrusions. 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 24: “Contractor credit for change of installation flooring, LPV vs Rug/Pad. Owner credited for buying flooring material.” Investigator’s Observations: This statement by the complainant does not implicate a specific workmanship issue, or a specific violation of A.R.S. § 32-1154(A). Governing Rule: N/A

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

Elements of a Contract Investigator’s Observations: The respondent’s contract is missing the following information: • An estimated date of completion. o The signed contract includes:  The work to be performed under this Contract shall be commenced on or before September 5 2023. Work shall be substantially completed as conditions allow. • Information about the customer’s right to file a complaint with the registrar • Contact information for the registrar Governing Rule: A.R.S. § 32-1154(A)(12), Namely A.R.S. § 32-1158(A) Minimum Elements of a Contract. Any contract in an amount of more than one thousand dollars entered into between a contractor and the owner of a property to be improved shall contain in writing at least the following information: 1: The name of the contractor and the contractor's business address and license number. 2: The name and mailing address of the owner and the jobsite address or legal description. 3: The date the parties entered into the contract. 4: The estimated date of completion of all work to be performed under the contract. 5: A description of the work to be performed under the contract. 6: The total dollar amount to be paid to the contractor by the owner for all work to be performed under the contract, including all applicable taxes. 7: The dollar amount of any advance deposit paid or scheduled to be paid to the contractor by the owner. 8: The dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract. 9a: That the property owner has the right to file a written complaint with the registrar for an alleged violation of section 32-1154, subsection A. 9b: The contract shall contain the registrar’s telephone number and website address and shall state that complaints must be made within the applicable time period as set forth in section 32- RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes 1162, subsection A. 9c: The information in this paragraph must be prominently displayed in the contract in at least ten- point bold type… 9d: …and the contract shall be signed by the property owner and the contractor or the contractor’s designated representative. This paragraph does not apply to a person who is subject to and complies with section 12-1365. REQUIRED CORRECTIVE ACTION: The respondent is to submit a contract form (for use on future projects) that complies with A.R.S. § 32-1158

Performing permit required work without a permit being obtained Investigator’s Observations: Work performed by the respondent includes: • Replacing roof sheathing • Installing a new gas line • Adding structural posts to the carport, altering the original load bearing points, and hold down points, of the structure • Adding a wood framed wall inside the west facing block wall, altering the original load bearing points, and hold down points, of the structure This is all permit required work that was performed without a permit being obtained. Governing Rule: A.R.S. § 32-1154 (A)(2)(b): Departure from or disregard of: (b) A building code... Governing Rule: A.R.S. § 32-1154 (A)(3) - R 4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes and professional industry standards… Building Code: IRC (International Residential Code) R105.1: “Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.” REQUIRED CORRECTIVE ACTION: The Respondent is to obtain any and all required building permits from the Local Building Authorities prior to making corrections listed in this Directive. If the local jurisdiction finds corrective issues relating to the respondent’s work, the respondent will be required to correct those issues by appropriate means. The respondent is required to satisfy all requirements of the local building official, and to submit a copy of the approved inspection results to the ROC Investigator.

Working beyond scope of License Investigator’s Observations: The respondent has a B-2 Small General Commercial Contractor license. This is a residential project. The respondent does not have a residential contractor license. The respondent does not have a license that allows any work on a residential project. Governing Rule: A.R.S. § 32-1154(A)(16): Knowingly contracting beyond the scope of the license or licenses of the licensee. RCC100 11/14

Jobsite Inspection Photos 1 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 2 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 3 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 4 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 5 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 6 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 7 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 8 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 9 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 10 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 11 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 12 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 13 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 14 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 15 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 16 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 17 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 18 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 19 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 20 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 21 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 22 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 23 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 24 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 25 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 26 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 27 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 28 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 29 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 30 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 31 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 32 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 33 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 34 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 35 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 36 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 37 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 38 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 39 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 40 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 41 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 42 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 43 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 44 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 45 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 46 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 47 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 48 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 49 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 50 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 51 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 52 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 53 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 54 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 55 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 56 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 57 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 58 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 59 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 60 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 61 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 62 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 63 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 64 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 65 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 66 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 67 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 68 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 69 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 70 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 71 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 72 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 73 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 74 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 75 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 76 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 77 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 78 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 79 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Jobsite Inspection Photos 80 Complaint No.: 2024-07362 Investigator: John Smith #194 Inspection Date: 8/21/2024 Inspection Time: 8:00AM Jobsite address: 12121 N. Puma Rd., Marana, AZ 85653

Complainant: Janet Bonker 12121 N Puma Road Marana, AZ 85653

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: Kylaco Inc 10241 N McGinnis Rd Marana, AZ 85653

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 August 22, 2024

License No. ROC 129114

Re: Complaint No. 2024-07362

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 Friday, September 6, 2024.

NOTE: THE RESPONDENT CONTRACTED THIS PROJECT OUTSIDE THE SCOPE OF THE RESPONDENT’S LICENSE.

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Dump trailer and offsite disposal. Identification of need for additional plywood at roof damage. Installation of R- 30 insulation and sheetrock additional damaged ceilings. Repair of furnace damage as reported by Southwest Gas. Additional flooring and installation beyond abstract. • The work to be performed under this Contract shall be commenced on or before September 5 2023. Work shall be substantially completed as conditions allow. As further described in subsequent complaint items, the project is not complete. Additionally, several aspects of this project required a building permit to be obtained prior to commencement of the work; however, all work was performed without a permit being obtained. Governing Rule: A.R.S. § 32-1154(A)(2): Departure from or disregard of: (b) A building code... 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. Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes...

Complaint Item 3: “and roof is leaking after rain in certain area.” Investigator’s Observations: Verified. Metal roof edge metal is installed on top of the underlayment. Metal roof edge metal not installed correctly at transition to low slope roofs. Evidence of leaking as a result of incorrect installation of roof edge metal. Poor/incorrect flashing at several roof penetrations/protrusions. Evidence of leaking as a result of poor/incorrect flashing at several roof penetrations/protrusions. 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 4: “Roof Stove pipe is not installed correctly, it has bent 5 degrees to the north, not secure; Front Porch ceiling plywood;” Investigator’s Observations: Verified. • The respondent acknowledged the stove pipe is leaking, further stating the incorrect cap is installed. • Continued leaking has caused additional damage to the chimney sections. • Continued leaking has caused damage to the surround interior ceiling. • The chimney is loose and leaning. The respondent pushed the chimney demonstrating how loose the connections are.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 6: “Kitchen and Bedroom ceiling register removed by Contractor and not replaced” Investigator’s Observations: Verified. The complainant stated she has already replaced one of the missing registers herself. The front bedroom register (air diffuser) is still uninstalled. • This air diffuser was removed for the drywall work that was performed in this room. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint Item 10: “Step into Den, stair nose edging not installed as required.” Investigator’s Observations: Verified. There is no stair nose material installed at the step, causing the flooring to be loose/unsecured. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 11: “1/2" - 1 3/4" gap with airflow at top of Den's 2 windows 1/2"-3/4" Gap at pantry window along with messy plaster on window frame and walls” Investigator’s Observations: Verified. Spacing around west facing windows is not even or consistent. Some areas the drywall overlaps the windows frames by approximately 1/2 inch. Other areas the drywall is approximately 3/4 inch away from the window frames. 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 16: “Indoor Stove pipe leakage after a rain at ceiling attachment Indoor Stove pipe not reviewed for safety after storm/water damage creating tiny holes Wood stove not tested after new stove pipe outside installed on roof, Roof leaking in that area

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Roof Stove pipe is not installed correctly, it has bent 5 degrees to the north, not secure” Investigator’s Observations: Verified. • The respondent acknowledged the stove pipe is leaking, further stating the incorrect cap is installed. • Continued leaking has caused additional damage to the chimney sections. • Continued leaking has caused damage to the surround interior ceiling. • The chimney is loose and leaning. The respondent pushed the chimney demonstrating how loose the connections are. 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 23: “Roof is leaking…in Arizona Room space after rain” Investigator’s Observations: Verified. Metal roof edge metal is installed on top of the underlayment.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Metal roof edge metal not installed correctly at transition to low slope roofs. Evidence of leaking as a result of incorrect installation of roof edge metal. Poor/incorrect flashing at several roof penetrations/protrusions. 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.

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 9b: The contract shall contain the registrar’s telephone number and website address and shall state that complaints must be made within the applicable time period as set forth in section 32- 1162, subsection A. 9c: The information in this paragraph must be prominently displayed in the contract in at least ten- point bold type… 9d: …and the contract shall be signed by the property owner and the contractor or the contractor’s designated representative. This paragraph does not apply to a person who is subject to and complies with section 12-1365. REQUIRED CORRECTIVE ACTION: The respondent is to submit a contract form (for use on future projects) that complies with A.R.S. § 32-1158

Working beyond scope of License

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Investigator’s Observations: The respondent has a B-2 Small General Commercial Contractor license. This is a residential project. The respondent does not have a residential contractor license. The respondent does not have a license that allows any work on a residential project. Governing Rule: A.R.S. § 32-1154(A)(16): Knowingly contracting beyond the scope of the license or licenses of the licensee.

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

Complaint Item 1: “Contractor spoke with me once and just wanted payment, would not look at the issues not completed. Contractor asked for upfront moneys down payment partial of cash and then asked for more before given as a bank check before Insurance arrived,” Investigator’s Observations: This statement by the complainant does not implicate a specific workmanship issue, or a specific violation of A.R.S. § 32-1154(A). Governing Rule: N/A

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint Item 17: “Contractor is harassing Owner for final payment through his relatives and friends to contact owner” Investigator’s Observations: This statement by the complainant does not implicate a specific workmanship issue, or a specific violation of A.R.S. § 32-1154(A). Governing Rule: N/A

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

Sincerely,

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Received by Investigations 9/9/24, 6:35 AM State of Arizona Mail - Response to complaint No 2024-07362 09/09/2024 From the Respondent

John Smith <[email redacted]>

Response to complaint No 2024-07362 messages

Robert Narum <[email redacted]> Sun, Sep 8, 2024 at 11:55 PM To: "[email redacted]" <[email redacted]>

Mr. Smith,

Please find attached response to directive dated 8/22/2024.

Thank you Robert L. Narum Kylaco Inc. ROC B2 129114 520-954-4058

attachments

flue pipe.jfif 231K

flue2.jfif 358K

synth under.jfif 280K

roof edge.jfif 213K

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 1/5 Received by Investigations 9/9/24, 6:35 AM State of Arizona Mail - Response to complaint No 2024-07362 09/09/2024 From the Respondent

PC permit.jfif 205K

floor.jfif 256K

room box.jfif 29K

room box2.jfif 39K

room 3.jfif 33K

nails.jfif 222K

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 2/5 Received by Investigations 9/9/24, 6:35 AM State of Arizona Mail - Response to complaint No 2024-07362 09/09/2024 From the Respondent

RP Plywood.jfif 236K

ROC.docx 20K

John Smith <[email redacted]> Mon, Sep 9, 2024 at 6:35 AM To: Janet Bonker <[email redacted]>

Ms. Bonker, I am forwarding you information received from the respondent. Thank you,

John Smith Investigator #194 Arizona Registrar of Contractors 1700 W. Washington St., Suite 105 Phoenix, AZ 85007 Phone: 520-483-0027

The ROC is now on social media! Make sure to follow us on:

Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you!

[Quoted text hidden]

attachments

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 3/5 Received by Investigations 9/9/24, 6:35 AM State of Arizona Mail - Response to complaint No 2024-07362 09/09/2024 From the Respondent

flue pipe.jfif 231K

flue2.jfif 358K

synth under.jfif 280K

roof edge.jfif 213K

PC permit.jfif 205K

floor.jfif 256K

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 4/5 Received by Investigations 9/9/24, 6:35 AM State of Arizona Mail - Response to complaint No 2024-07362 09/09/2024 From the Respondent

room box.jfif 29K

room box2.jfif 39K

room 3.jfif 33K

nails.jfif 222K

RP Plywood.jfif 236K

ROC.docx 20K

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 5/5 Received by Investigations 09/09/2024 From the Respondent Received by Investigations 09/09/2024 From the Respondent Received by Investigations 09/09/2024 From the Respondent Received by Investigations 09/09/2024 From the Respondent Received by Investigations 09/09/2024 From the Respondent Received by Investigations 09/09/2024 From the Respondent Received by Investigations 09/09/2024 From the Respondent Received by Investigations 09/09/2024 From the Respondent Received by Investigations 09/09/2024 From the Respondent Received by Investigations 09/09/2024 From the Respondent Received by Investigations 09/09/2024 From the Respondent Received by Investigations 09/09/2024 From the Respondent

9/8/2024

John Smith Investigator #194

RE: Complaint No 2024-07362 Response to Directive dated 8/22/2024

In review of the originally received complaint it is noted that, page titled A Guide to Jobsite Inspections, Scope paragraph states “The scope of the Jobsite Inspection is limited to the items listed in the complaint ﬁled with the Registrar’s oﬃce.“ 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.”

Therefore, items listed on the Directive that were not part of the original compliant will not be addressed at this time.

Response to Warning Letter 8/22/2024 regarding permit: Contract dated and signed by owner page 1 of 5, item 5 Permits and Approvals; “Owner shall, at its own expense, obtain all permits necessary for the Work to be performed”. Per review of the Pima County building permit website, the work included in the complaint did not require a permit. The exclusion to this would be if the owner chose to replace the wood burning stove. The owner was made aware of the burned out ﬂue pipe and chose to not replace. Picture of the ﬂue pipe included. Should the owner now chose to replace the wood burning stove, they should obtain a permit and contract with a licensed wood stove installer.

Complaint #3 “roof is leaking after rain in certain areas” There are no leaks on the repaired roof. Metal roof edge is installed per manufactures’ directions for installing synthetic underlayment. “Roof edges, To avoid problems from wicking moisture, many synthetic underlayments are designed to wrap around the roof edge and protect the edges of the roof sheathing. The edge metal is installed over the underlayment at both the eaves and rakes.” See photos included. The home owner pointed out previous water stains and admitted in the investigator’s presence that she had not yet painted that area. The owner chose to do the painting on the project. At the time of the investigator’s visit she had not painted all of the ceiling or underside of eaves and porch.

Complaint #4 “roof stove pipe” Again, stove pipe is worn out. Please see photos demonstrating burn out of the pipe noted at the time of rooﬁng repair. Home owner was made aware and chose to not replace. Received by Investigations 09/09/2024 From the Respondent

Complaint #6 “Kitchen and Bedroom ceiling register removed by contractor and not replaced.” These were not replaced as the home owner had not completed painting.

Complaint #7 “Closet doors removed and not replaced in hallway and bedroom”. There were no doors present in these areas during the time frame of our work. It is now assumed these were removed by initial contractor, ServPro, who performed demolition. Home owner became disenchanted with initial contractor prior to requesting our assistance. There was no knowledge that these doors even existed. At the time of the investigator’s visit the home owner reported they were “in the car port”.

Complaint #8 “Spaces in the installation of the ﬂooring in areas Gaps between walls and ﬂooring unﬁnished” The gaps at wall are per manufactures instructions for expansion. Investigator’s note: “Areas of jambs and casing over-cut, as much as ¼ inch above the surface of the ﬂooring.” No jambs were cut by Kylaco Inc as carpet and pad removal left gap under casing. Home owner originally planned to replace carpet, but purchased ﬂoating ﬂoor instead. Of note, this was not included in original complaint. “Several areas without required expansion space at perimeters of the ﬂooring”. This was also not included in the original complaint.

Complaint #9 “Flooring at Step in hallway near bedroom and pantry not secured before move in, no stair nose” There was no notiﬁcation that the home owner was returning to the home. Stair nose in not required, however Kylaco Inc would have installed if the owner had purchased.

Complaint #10 “Step into den, stair nose edging not installed as required”. Again, Kylaco Inc would have installed if the home owner had purchased.

Complaint #11 Gap at windows There was no notiﬁcation that the home owner was returning to the home. Once this occurred windows were not accessible. Please see photo, boxes ﬁlled entirety of the room.

Complaint #12 molding around wood stove … Complaint #14 Caulking not cleaned up on ﬂooring installation Again, no notiﬁcation of home owner returning. The home owner had not purchased nor was Kylaco Inc paid to purchase, needed materials to complete project.

Complaint #16 Indoor stove pipe… Stove pipe is worn out. Please see photos demonstrating burn out of the pipe noted at the time of rooﬁng repair. Home owner was made aware and chose to not replace. Received by Investigations 09/09/2024 From the Respondent

There was no cap on the original ﬂue pipe. Given the age of the stove, a replacement cap could not be located. Therefore, in an eﬀort to avoid further weather damage the best aﬀordable alternative cap was utilized.

Complaint #18 “Some area of the ﬂooring area are ﬂoating and not stable” ¼ inch is acceptable in 10 feet. Investigators measurement at 7/32 is under ¼ inch industry standard.

Complaint #19 “roof eaves have 1 ½ to 2 inch nails through the plywood exposed” These were installed per industry standard. “A rooﬁng nail should be long enough to penetrate the shingle and then as the plywood or OSB decking beneath by at least ¾ of an inch”. As stated earlier the home owner chose to do painting. Eaves and facia have not yet been painted. Once eaves are painted it is likely the nails would not be as noticeable. Splintering of plywood is expected as an industry standard. Home owner had requested nails to be cut. It appears the roofer performed in the most accessible and noticeable areas, leaving some burning of the wood. Of note splintering and burn marks were not reported on the original complaint.

Complaint#20 “bad plywood” Two raised locations on the same sheet of plywood could be result of a milling issue on plywood or possible retained nail. More investigation warranted. Edge support is existing 2 x 6. Pima County permit page #14 “re-rooﬁng with like materials, tile, shingles etc…” do not require a permit.

Complaint #21 “bad plywood not replaced in areas” Investigator’s Observation notes this to be the “west side of the home”. There was no repurposed material on the West side of the home. In the spirit of cost savings to the owner, it is not uncommon to repurpose plywood for small areas as opposed to wasting a full sheet. This did occur at one spot on the east side of the home. “Repurposed plywood can be used on a roof if it’s not signiﬁcantly damaged or compromised.”

Complaint #22 “Roof is leaking in rear of house into 2 bedrooms” The home owner pointed out previous water stains. These were present before the storm damage and have not changed. The home owner admitted in the investigator’s presence, that they had not yet painted that area. The owner chose to do the painting on the project. At the time of the investigator’s visit the owner had not painted all of the ceiling or underside of eaves and porch. There are no leaks on the repaired roof. Metal roof edge is installed per manufactures’ directions for installing synthetic underlayment. “Roof edges, To avoid problems from wicking moisture, many synthetic underlayments are designed to wrap around the roof edge and protect the edges of the roof sheathing. The edge metal is installed over the underlayment at both the eaves and rakes.” See photos included. Received by Investigations 09/09/2024 From the Respondent

Complaint #23 “Roof is leaking…in Arizona Room space after rain “ The Arizona room is a separate structure and was not reported as damaged during the storm. Metal roof edge is installed per manufactures’ directions for installing synthetic underlayment. “Roof edges, To avoid problems from wicking moisture, many synthetic underlayments are designed to wrap around the roof edge and protect the edges of the roof sheathing. The edge metal is installed over the underlayment at both the eaves and rakes.”

Owner had retained 20% of the contract. Owners’ refusal to fund project is a direct cause for incomplete ﬁnishes.

Cordially,

Robert L. Narum Kylaco Inc. ROC B2 129114 10241 N. McGinnis Rd Marana, Az 85653 Cell: (520)954-4058 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Janet Bonker, Case No. 2024-07362 COMPLAINANT, v. Kylaco Inc., CITATION License No. ROC 129114,

RESPONDENT.

The Registrar issues this Citation to Kylaco Inc. (“Respondent”) under A.R.S. § 32- 1155(A). If Respondent fails to answer this Citation by September 28, 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). THE WRITTEN COMPLAINT On June 28, 2024, Janet Bonker (“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)(2)(b) Departure from or disregard of: (b) A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :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)(3) - R4-9-108(b) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Charge :4 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32- 1158. Charge :5 A.R.S. § 32-1154(A)(16) Knowingly contracting beyond the scope of the license or licenses of the licensee.

Charge :6 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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. 2024-07362. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than September 28, 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

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

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 September 13, 2024. By: /s/ Tedi Quezada Tedi Quezada Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, September 13, 2024 to:

Respondent Certified Mail No: [number redacted] of 6

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Kylaco Inc. 10241 N McGinnis Rd Marana, AZ 85653

Copy mailed by USPS First Class mail this same date to: Respondent Kylaco Inc. 10241 N McGinnis Rd Marana, AZ 85653 Complainant Janet Bonker 12121 N Puma Road Marana, AZ 85653 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. 2024-07362

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)

Janet Bonker Mailing Address (Enter jobsite in Contract/Project section) City State Zip

12121 N Puma Road Marana Arizona 85653 Phone Number Email

[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

Contractor Information Name (as shown on contract/invoice) ROC License Number(s)

Kylaco Inc ROC 129114 Street Address City State Zip

10241 N McGinnis Rd Marana AZ 85653 Phone Number Email

[number redacted] Name of Person(s) Representing License

Robert L. Narum Contract/Project Information Contract Date Contract Amount Amount Paid

September 25, 2023 $42,350.00 $33,925.00 Date Work Started Date Work Stopped Date Work Was Completed

September 5, 2023 November 21, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

12121 N Puma Road Marana AZ 85653 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

This complaint is for Abandonment;Poor Work;Other I have contacted the contractor by Have you filed a complaint in court? No Has any work been corrected? No

RCC099 12/05/18 Page 1 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

The contract was Both All change orders were Oral This project was Residential This project involved Repair

A building permit was obtained by N/A List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Contractor spoke with me once and just wanted payment, would not look at the issues not completed. Contractor asked for upfront moneys down payment partial of cash and then asked for more before given as a bank check before Insurance arrived, Work is not completed and roof is leaking after rain in certain area. Allegations Listed on Complaint:

Roof Stove pipe is not installed correctly, it has bent 5 degrees to the north, not secure; Front Porch ceiling plywood;

No "Walk Through" with Contractor and Owner, Contractor did own walk through, walked off job

Kitchen and Bedroom ceiling register removed by Contractor and not replaced

Closet doors removed and not replaced in hallway and bedroom

Spaces in the installation of the flooring in areas

Gaps between walls and flooring unfinished

Flooring at Step in hallway near bedroom and pantry not secured before move in, no stair nose

Step into Den, stair nose edging not installed as required.

1/2" - 1 3/4" gap with airflow at top of Den's 2 windows

1/2"-3/4" Gap at pantry window along with messy plaster on window frame and walls

Molding around wood stove flooring area was not installed securely with glue, loose molding

Bedroom tile(black) loosened unsecured when installing molding kit to tile and flooring

Caulking not cleaned up on flooring installation

RCC099 12/05/18 Page 2 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Air vent to furnace filter exchange was caulked shut, not able to access to change filter

Indoor Stove pipe leakage after a rain at ceiling attachment

Indoor Stove pipe not reviewed for safety after storm/water damage creating tiny holes

Wood stove not tested after new stove pipe outside installed on roof, Roof leaking in that area

Roof Stove pipe is not installed correctly, it has bent 5 degrees to the north, not secure

Contractor is harassing Owner for final payment through his relatives and friends to contact owner

Some area of the floor area are floating not stable

Roof eaves have 1 1/2" to 2" nails through the plywood exposed, bad plywood not replaced in areas

Roof is leaking in rear of house into 2 bedrooms and in Arizona Room space after rain

Contractor credit for change of installation flooring, LPV vs Rug/Pad. Owner credited for buying flooring material.

Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date

Janet Bonker \complainant1\ \complainantd1\

RCC099 12/05/18 Page 3 of 3 From: Janet Bonker <[email redacted] > To: Janet Bonker <[email redacted] > Subject: Contract Date: Fri, 28 Jun 2024 23:52:10 +0000 Message-ID: <[email redacted] > Sent from my iPhone Received 9/24/2024 ROC Legal

9/24/2024

Arizona Registrar of Contractors Written Answer to Citation and Complaint Case # 2024-07362

We are contesting charges as listed in the Complaint/Citation:

Charge #1: Regarding permit Contract dated and signed by the owner page 1 of 5, item 5 Permits and Approvals; “Owner shall, at its own expense, obtain all permits necessary for the work to be performed. “ Further, per review of the Pima County building permit website, the work included in the complaint did not require a permit.

Charge #2: Regarding work in a professional and workmanlike manner Owner self performed as general contractor. Owner preferred to utilize others and/or self to perform aspects of the project. Many of which are not yet completed. All work performed by Kylaco Inc. was performed in a professional workmanlike manner.

Charge #3: Regarding industry standards All work was performed to industry standards. Due to lack of funding, ﬁnish materials were not available.

Charge #4: Regarding Owners right to ﬁle a complaint Contract meets 8 of the elements for Arizona contracts. Not with standing Registrars telephone number and 2 year provision for complaints.

Charge #5: Regarding Scope of license No permits were required. Kylaco Inc has been in business and in good standing with the Arizona Registrar of Contractors for 27 years. Kylaco Inc is licensed for projects up to 2 million dollars, therefore assisting with this project was not felt to be out of scope, especially in the spirit of helping a neighbor with no malicious intent.

Charge #6: Regarding response to Directive Written response was provided to the Directive and listed complaints. The “Restrictions” listed on the Directive has conﬂicting verbiage with regards to “Directive Requirements”.

Please note, aspects of the Directive are diﬃcult to address due to contributing factors listed in the original compliant dated 6/28/2024. Received 9/24/2024 ROC Legal

One of the owners’ complaints stated “Contractor is harassing Owner for ﬁnal payment through his relatives and friends to contact owner”. Owner has also made social media posts regarding so called threats and fear of retaliation. All accusations are unfounded and border slanderous language. Kylaco Inc cannot comply with ARS 32-1155 D-1 as we would subject ourselves to more accusations and possible intimidation.

In regards to ARS 32-1155 D-2, The contractors work has been subject to neglect. The inspectors’ photos show no paint on ﬁnished materials, i.e. facia, plywood and interior of home at areas of repair. These areas have been exposed for approximately one year. In addition, ramp was installed by owner at steps, thus modifying original work. Per Inspectors notes, owner installed registers, again demonstrating tampering of work which was included in the owner’s original complaint. Further, owner sent a text message on 12/8/2023 stating “Finishing up the punch list for you”.

Kylaco Inc. does not feel our license should be suspended or revoked. The owner has retained 20% of contract but has yet to complete owners work in approximately 1 year. Owner is now using Registrar as a means to not complete owners work or pay contractor. This action seems deliberate and anticipatory.

In closing, Kylaco Inc has proudly been in the Registrar’s records for over 27 years without a complaint. This project was undertaken at the request of the owner and in the spirit of attempting to help a neighbor.

Regards,

Robert L. Narum President/Owner Kylaco Inc. Received 9/25/24, 8:33 AM State of Arizona Mail - Case No 2024-07362 9/24/2024 ROC Legal

Answers - AZROC <[email redacted]>

Case No 2024-07362 message

Robert Narum <[email redacted]> Tue, Sep 24, 2024 at 10:19 PM To: "[email redacted]" <[email redacted]>

Please find attached written response to Citation/Complaint No. 2024-07362

Thank you,

Robert L. Narum President/Owner Kylaco Inc.

response to citation.docx 16K

https://mail.google.com/mail/b/AEoRXRSxpDo0F5Pxrl-wCnM4_FBE_bdmpcK69aZcC6pMHmtzSmde/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 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