ALJDEC - Licensing

2025A-02767-CHC-ROC · Registrar of Contractors · 2025-08-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Jonathon Martin,

COMPLAINANT,

AMERICAS DWELLING, LLC

License No. ROC 342419,

RESPONDENT.

No. 2025A-02767-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: August 1, 2025

APPEARANCES: Complainant Jonathon Martin appeared on his own behalf. Antonio Armogida appeared on behalf of Respondent America’s Dwelling, LLC. Arizona Registrar of Contractors Investigator James Carter appeared as a witness.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

EXHIBITS ADMITTED INTO EVIDENCE: None; Administrative Notice taken of Agency Record

FINDINGS OF FACT

America’s Dwelling, LLC (“Respondent”) is the holder of License Number 342419 issued by the Arizona Registrar of Contractors (“Registrar”). Tony Joseph Armogida is Respondent’s Qualifying Party and a Member of Respondent.

In or about February 2025, Jonathon Martin (“Complainant”) purchased a newly constructed home by Respondent.

On or about March 18, 2025, the Registrar received a Complaint against Respondent from Complainant alleging that Respondent refused to perform contracted work. Previous to that date, Respondent had made a request to the Registrar for a “Building Confidence” Inspection. However, due to the fact that a Complaint had subsequently been filed, that inspection was canceled.

The Registrar assigned the Complaint to Investigator James Carter.

On April 4, 2025, Complainant filed an addendum to the Complaint.

On April 17, 2025, a Jobsite Inspection was conducted, at which both parties were present, as well as Investigator John Peru, due to the fact that there were numerous items of complaint.

On May 2, 2025, Investigator Carter issued a Written Directive to Respondent that provided as follows:

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, May 30, 2025.

You are directed to remedy the following violations by the appropriate means:

Complaint Item: 1 - .Missing 9 Black handles on cabinets in jack & jill bathroom

Investigator’s Observation: Verified. Investigator confirmed that the handles are missing. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 2 - Light fixture in dining room (Need fixture & installation)

Investigator’s Observation: Verified. Investigator confirmed that the ceiling light is missing. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 3 - .Door to garage seal at bottom of door, gap between seal & threshold - light & water intrusion P5 1/2

Investigator’s Observation: Verified. Investigator could see light coming in at the bottom left side of the door. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 5 - .Paint, trim and caulking missing in master bathroom toilet area behind door

Investigator’s Observation: Verified. Behind the door there is a gap in the baseboard in the corner area is also missing paint on the wall and the baseboard. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 6 - .Missing 4 shelves in master closet

Investigator’s Observation: Investigator did not find anything in the contract saying shelves should be in the closet fixtures. However in an email chain between parties Respondent acknowledged that the shelves had not been completed. This will need to be corrected by the Respondent.

Complaint Item: 7 - Missing overflow cover (Black) in bedroom 3 bathroom

Investigator’s Observation: Verified. Investigator confirmed the overflow cover is missing. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 8 - Large tub in master bathroom is loose

Investigator’s Observation: Verified. Investigator confirmed the tub is loose and moves when pushed on. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 10 - Door in master bedroom to toilet room does not latch

Investigator’s Observation: Verified. Investigator confirmed that the door does not latch and is rubbing at the bottom on the striker side of the door. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 11 - Modified trusses 9 near inspection hatch have been heavily modified, need engineering certificates

Investigator’s Observation: Due to the scuttle being placed in an area by the Respondent that did not allow safe access to the attic the Investigator was unable to inspect these items first hand. However Complainant was able to provide pictures and a report that showed possible modifications with no stamped engineered plans attached. Respondent will need to insure that any modifications from original stamped plans are approved and attached to the modified areas

Complaint Item: 12 - Broken concrete expossing structural metal straps total 7 (front,back & sides of the house)

Investigator’s Observation: Verified. Investigator observed several area around the home where the concrete on the stem wall had blown out the metal straps where exposed. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 13 - Exterior whole stem wall foundation chips & chunks missing. Usightly finish P11/12

Investigator’s Observation: Verified. This item is in line with item #12.

Areas around the stem have blown out and are missing concrete. The

Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 15 - Entry way weep screed not level improper installation

Investigator’s Observation: Verified. The area at the bottom of the pop outs at the front porch entry on the left side is not level. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 17 - Exposed metal lath corners and pop outs all around house. Stucco to thin P35/3

Investigator’s Observation: Verified. Throughout the exterior of the home investigator observed a number of areas mostly at the window pop outs and the corners where the lath was exposed. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 18 -Window in Kitchen stucco holds water against window

Investigator’s Observation: Verified. The bottom pop out is pitched to flow back towards the window. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 19 - Screen doors damaged doesnt roll correctly & Bug screens on windows damaged various

Investigator’s Observation: Verified. Investigator confirmed the right side from the outside is hard to slide. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 20 - 12 ft sliding window casing is damaged and cracked

Investigator’s Observation: Verified. The right bottom corner on the inside is damaged. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 21 - 12 ft sliding window threshold not properly supported, not sealed on bottom

Investigator’s Observation: Verified. There is a visible gap and shims under the door. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 22 - Electrical main panel -poor connection & frayed wire located in main box

Investigator’s Observation: Verified. Investigator confirmed there is a loose connection on the left side and possible shrinkage of the coating on the wires. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 24 - Receptacles in kitchen on tile wall next to stove not level. P14/3

Investigator’s Observation: Verified. The outlets to the right of the stove are not level. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 25 - All receptacles in kitchen on tile wall are loose. P14/4

Investigator’s Observation: Verified. Investigator confirmed all the outlets in the kitchen are loose. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 30 - Romex cable to outlets hanging (sink) of island in kitchen, not protected. NEC 334. 15B

Investigator’s Observation: Verified. Investigator confirmed that the

Romex is loos and exposed. JBox also does not have a cover. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 31 - Romex cable to outlets exposed & loose between side and sliding drawer. NEC 334. 15B

Investigator’s Observation: Verified. This item is on the opposite side of the kitchen island that is from item #30. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 33 - Paint spilled (large blobs) & walked through & overspray on roof (large sections)

Investigator’s Observation: Verified. Investigator confirmed what appears to be over spray on the roof shingles on the north and south side of the home. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 34 - Paint drops on concrete at walkway to entry

Investigator’s Observation: Verified. Investigator observed paint spots in a number of areas of the front patio. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 35 - Roof material visible heaving & shifting. Soft spots while walking across surface. Potential for someone falling through

Investigator’s Observation: Verified. From the ground investigator observed several area where the roof was not even. Investigator did not get on the roof due to concerns that if there are soft spots this walking on it could cause damage. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 36 - Roof material horizontal humps and vertical humps

Investigator’s Observation: Verified. From the ground investigator observed "humps in several areas of the roof. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 37 - Damaged roof material, cuts, pieces missing and damage like hail damage

Investigator’s Observation: Due to the potential safety issues with getting on the roof the Investigator was unable to inspect these items first hand. However Complainant was able to provide pictures and a report that showed areas that repairs were needed. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 38 - Improper vent flashing gaps in between top of pipe and flashing allowing water in attic. P23/7

Investigator’s Observation: Due to the potential safety issues with getting on the roof the Investigator was unable to inspect these items first hand. However Complainant was able to provide pictures and a report that showed gaps at the roof vents. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 39 - Truss tails damaged 2 areas

Investigator’s Observation: Verified. Complainant showed investigator two damaged truss tails on the north side of the home. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 40 - Twisted, gaps in fascia board. Pieces of material missing on the fascia and damaged fascia. Cracked & glued pieces P4/1

Investigator’s Observation: Verified. Fascia was twisted over the AC unit on the north side of the home, split over the electrical panel on the north side and over the front entry. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 41 - Gaps in soffit blocking, allowing bugs and birds into attic space. (3 areas back & north side)

Investigator’s Observation: Verified. Gaps were observed in three areas of the north side of the home. At the rear patio and over the electrical panel. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 42 - Gusset plates missing on trusses in attic space

Investigator’s Observation: Due to the scuttle being placed in an area by the Respondent that did not allow safe access to the attic the Investigator was unable to inspect these items first hand. Complainant was able to provide pictures that showed possible missing gusset plates. Respondent will need to insure that gusset plates are installed per the approved stamped plans

Complaint Item: 43 - Scuttle location not a safe way to access appliances and cabinets in the way R807 Attic

Investigator’s Observation: Verified. The scuttle access is not in place per the approved plans. The location does not allow for safe or easy access into the attic. Due to the location a number of items in this complaint were not able to be inspected because the investigator was not able to enter the attic. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 44 - Missing insulation not installed uniform and gaps throughout the house P17/1

Investigator’s Observation: Due to the scuttle being placed in an area by the Respondent that did not allow safe access to the attic the Investigator was unable to inspect these items first hand. However Complainant was able to provide pictures and a report that showed possible low spots and areas where insulation was missing. Respondent will need to insure that the insulation is at the proper depth for the R value of the roof

Complaint Item: 47 - GCFI not tripping - laundry room outlet for washer

210.8(a) P14/1

Investigator’s Observation: Verified. Investigator confirmed the outlet did not trip when testing with my agency issued GFCI tester. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 49 - Base board in B3 bathroom behind toilet baseboard gaps, improper install. P5/5

Investigator’s Observation: Verified. Investigator confirmed the baseboard is separating. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 50 - Base board installed upside down in Master bathroom near toilet (south & north side)

Investigator’s Observation: Verified. Investigator observed that the baseboard on the side walls had squared edges as opposed the round edges all other baseboard had. Investigator could not confirm if this baseboard was upside down but it did not match all other baseboard. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 51 - Defective walls- "not 90 degrees exceeds1⁄4" in 1Oft area" - Garage door entrance P6/4

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 52 - Defective wall-"not 90 degrees exceeds1⁄4" in 1Oft area" Master toilet (S/E corner) P6/4

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 53 - Defective wall-"not 90 degrees exceeds1⁄4" in 1Oft area" Great room (S/W corner) P6/4

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 54 - .Defective wall-"not 90 degrees exceeds1⁄4" in 1Oft area" Main entrance P6/4

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 55 - Defective walls-"not 90 degrees exceeds1⁄4" in 1Oft area" Powder room P6/4

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 56 - Defective wall-"not 90 degrees exceeds1⁄4" in 1Oft area" Bedroom 3 P6/4

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 57 - Defective wall-"not 90 degrees exceeds1⁄4" in 1Oft area" Garage entry door P6/4

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 58 - Top of door not finished loose- near master bedroom

Investigator’s Observation: Verified. Investigator observed a gap between the casing and the wall and the casing was loose. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 59 - All doors not painted on 6 sides - all six sides must be sealed P6/5

Investigator’s Observation: Verified. Several doors had markings on the top from the manufacture indicating all six sides needed to be sealed. The

Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 60 - Ceiling lid in garage south side has bulge exceeds 3/8" P7/6

Investigator’s Observation: Verified. There is a visible bow in the ceiling over the water heater that when measured exceeded 1". The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 61 - Kitchen quartz countertop (Fridge) veins don't go correct direction P14/5 Excess of 1/8' gap between cabinet P14/2

Investigator’s Observation: Verified. There is an approximately three inch wide section of material at the left end of the kitchen counter that is either laid in the opposite direction or as cut from a different section that does not align with the rest of the top Excess of 1/8" Gap between cabinet P14/2 - gap between the same section of countertop where it meets up with the cabinet Bent 1/16" in a 3" section P14/3 - Gap is being created due to the section not square Reported prior to move in & again prior to 1O day The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 62 - Kitchen island chip bottom side of quartz Reported prior to 10 days

Investigator’s Observation: Verified. Chips at the kitchen backsplash. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 63 - Cabinet damage throughout house reported before move in & before 1O day throughout house marked with tape

Investigator’s Observation: Verified. There are areas throughout the home that Complainant has marked for scratches chips and cosmetic dings that need to be addressed. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 67 - Trash cabinet doesn't close correctly P4/1

Investigator’s Observation: Verified. All cabinets in kitchen have soft close trash can cabinet is missing the mechanism to allow for soft close. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 68 -Warped cabinet near stove top cabinet bent on top outward P4/1

Investigator’s Observation: Verified. Investigator observed that the reveals on the door were not even. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 69 - Laundry door top and side molding loose and not caulked. P5/1

Investigator’s Observation: Verified. Investigator observed gaps along the top and the side of the casing. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 70 - Bathroom door in Jack & Jill bathroom attached to bed2 does not latch

Investigator’s Observation: Verified. Investigator observed that the revels on the door are not even causing the door not to latch. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 71 - Front door entrance daylight at door frame- water comes in bottom P51/2

Investigator’s Observation: Verified. Investigator confirmed items listed below as listed on the complaint. Missing door hinge bushings on one side - inside left top hinge is missing a bushing

Doors miss aligned - Gaps at the top of the door are visible

Door doesn't shut completely - Door had to be pushed hard to close

Very difficult to lock, (Safety hazard -unlocked/locked) - Plunger is hitting the striker plate.

The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 72 - Interior door warped (Bed1, Bed2, Bed3) top to bottom sets off1⁄4" P6/7

Investigator’s Observation: Verified. Investigator observed that all three doors the reveals were not even. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 73 - Stiff window- hard to open bedroom 3 P15/2

Investigator’s Observation: Verified. Window is very hard to slide and lock. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 74 - Closet door hanging defects - doors not hanging flush square and plumb with smooth operation. P6/3

Investigator’s Observation: Verified. Investigator observed that the closet door in Bedroom #2 was not flush to the wall. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 75 - Closet framing not straight or plumb in reveals for closet in Bedroom 1 & 3 off by .5" to 1" P6/3

Investigator’s Observation: Verified. Investigator confirmed that the wall was not square at the opening to the closet in both rooms. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 76 - Missing door hardware on closet doors in bedroom 2

Investigator’s Observation: Verified. The hardware insert ring was missing. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 77 -Water pressure measured at 125PSI (recommended

40- 80psi Max)

Investigator’s Observation: Verified. At the time of the inspection the pressure was reading 120-125. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 79 - TPRV piping on water heater pitched negatively back towards water heater

Investigator’s Observation: Verified. Investigator observed that the pitch of the pressure relief discharge pipe was pitch back towards the hot water heater. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 80 - Sink in laundry room adjustment handle for operation of the faucet hits backsplash

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 81 - Loose toilet in powder room & master bathroom

Investigator’s Observation: Verified. Investigator confirmed that both toilets were loose. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 82 - A/C unit condenser outside north side of house – not level P14/3

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 83 - HVAC drain pan defect sloped improperly not allowing drainage

Investigator’s Observation: Due to the scuttle being placed in an area by the Respondent that did not allow safe access to the attic the Investigator was unable to inspect these items first hand. However Complainant was able to provide pictures and a report that showed water in the pan. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 84 - Electrical ran into air handler not protected from metal edges of the penetration intro unit (Fire Hazard)

Investigator’s Observation: Due to the scuttle being placed in an area by the Respondent that did not allow safe access to the attic the Investigator was unable to inspect these items first hand. However Complainant was able to provide pictures and a report that showed wires going into the air handler that were not protected and touching the edge of the medal. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

Complaint Item: 85 - Cabinet door hits wall trim - Powder room (East side)

Investigator’s Observation: Verified. The door of the cabinet on the right side is hitting the baseboard. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor.

ITEMS NOT REQUIRING CORRECTION

The following complaint items require no action by the Respondent:

Complaint Item: 4 -Wrong Quartz installed in bathrooms & laundry room-

Contract for Delicate- Gila Cabinets & Stone

Investigator’s Observation: After reviewing the contract and all documents submitted by the Complainant the Inspector has no first-hand knowledge of what materials were to be installed

Complaint Item: 9 - Floor in master shower holds water after 30 minutes (puddling)

Investigator’s Observation: Water was ran in the shower around 1147.

Investigator return around 1220 and observed the floor of the shower to still be wet but it was not puddling.

Complaint Item: 14 -Weep screed improperly installed (Large gaps) exposed wood and bottom of the stud exposed

Investigator’s Observation: There is insufficient evidence to prove the allegation. IRC 703.7.2.1 Only mandates the type of metal used and the distance from the ground. There is no language saying the gaps between the walls and the weeps screed. No correction is required by the Respondent.

Complaint Item: 16 - .Ballard missing in garage - Protect water heater

M1307.3.1

Investigator’s Observation: There is a 3 1/2" curb in front of the water heater that acts as a tire stop. This is in the original plans that were approved by the local municipality. Item was completed as per original contract and meets minimum workmanship standards.

Complaint Item: 23 - Electrical main panel white wires used for hot branch. Tied into power side (breakers)

Investigator’s Observation: The electrical installation was approved and inspected by the local municipality. No correction is required by the

Respondent.

Complaint Item: 26 - GCFI not tripping (Kitchen near sink) 210.8(a) P14/1

Investigator’s Observation: The outlet in question is more than 6 from the back side of the sink and is out a wall outside the kitchen. Complaint item meets minimum industry standards. No correction is required.

Complaint Item: 27 - Light switch located behind door on hinged sidemaster bedroom. P15/5

Investigator’s Observation: Item was completed as per approved municipality plans and meets minimum workmanship standards.

Complaint Item: 28 - Light switch located behind door on hinged side – Jack & Jill bathroom. P15/5

Investigator’s Observation: Item was completed as per approved municipality plans and meets minimum workmanship standards.

Complaint Item: 29 - Light switch located behind door on hinged sidepantry. P15/5

Investigator’s Observation: Item was completed as per approved municipality plans and meets minimum workmanship standards.

Complaint Item: 32 - No doorbell at entrance 11B-809.5.5 & 11B-809.5.1

Investigator’s Observation: Item was completed as per approved municipality plans and meets minimum workmanship standards.

Complaint Item: 45 - Vent fan missing in Jack and Jill bathroom-no window 403.2B

Investigator’s Observation: The local municipality approved the plans without an exhaust fan and the build was inspected by the municipality and given a certificate of occupancy. No correction is required by the Respondent.

Complaint Item: 46 - No attic ventilation- R806.1

Complaint Item: 48 - .Cross contamination- two exhaust fans in master bathroom and toilet area are link together in roof penetration

Complaint Item: 64 - Poor cabinet alignment bathroom in bedroom 3 P4/2

Investigator’s Observation: Cabinet adjusts should be done one time during the first year. Parties should coordinate that to maximize the efficiency of the adjustments.

Complaint Item: 65 - Jack & Jill Poor cabinet alignment P4/2

Investigator’s Observation: Cabinet adjusts should be done one time during the first year. Parties should coordinate that to maximize the efficiency of the adjustments.

Complaint Item: 66 - Kitchen poor cabinet alignment (Trash cabinet & Nstove) P4/2

Investigator’s Observation: Cabinet adjusts should be done one time during the first year. Parties should coordinate that to maximize the efficiency of the adjustments.

Complaint Item: 78 - If regulator is used to reduce water pressure a thermal expansion tank is required IPC

Investigator’s Observation: This is a general statement that cannot be evaluated but the Registrar at this time.

Complaint Item: 86 - Builder hires and continues to hire unlicensed contractors

Investigator’s Observation: While this is a general statement and does not implicate a specific workmanship issue the Respondent has been reminded that as a licensed contractor he can only sub-contract out to other licensed contractor. The Complainant is allowed to request the ROC# for any contractor that comes and does any work.

All errors in original.

On May 29, 2025, Investigator Carter received an email from Respondent stating that Respondent would begin to schedule the work to be performed the following week. Investigator Carter responded by reminding Respondent of the May 30, 2025 deadline for compliance with the Written Directive. Respondent responded that it “only thought [Respondent] had to let him know they were complying,” and also advised that the attic ventilation was complete.

On May 30, 2025, Investigator Carter called Complainant to ascertain whether any corrective work had been performed. Complainant verified that the attic ventilation was completed. Investigator Carter inquired of Complainant as to whether he would entertain an extension of the deadline for compliance with the Written Directive and Complainant stated that he would agree to an extension. Investigator Carter contacted Respondent to advise that Complainant was willing to extend the deadline and that Respondent should call Complainant that day to discuss scheduling.

On June 3, 2025, Complainant contacted Investigator Carter to advise that Respondent had not called or emailed him to schedule additional work.

Investigator Carter did not believe that Respondent was “taking [the Written Directive] seriously,” as Respondent was present for the Jobsite Inspection and was aware that all work needed to be completed by the specified deadline. Consequently, Investigator Carter did not grant an extension for compliance with the Written Directive and forwarded the matter to the Registrar’s Legal Department for the issuance of a Citation.

The Registrar issued a Citation against Respondent charging possible violations of A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(a), and A.R.S. § 32-1154(A)(22).

Respondent timely filed a written Answer to the Citation and the matter was referred to the Office of Administrative Hearings, an independent State agency, for an administrative hearing.

Investigator Carter testified consistently with the findings contained in the Written Directive. Investigator Carter testified that all items of Complaint that he verified were also found by a third party inspector and that he personally observed all items except those located where he could not access, such as the attic. For those items of Complaint, such as the truss damage and the ventilation issues, Complainant provided photographs. Investigator Carter testified that the Complaint items he did not verify were “contractual issues.”

Investigator Carter testified regarding each item contained within the Written Directive.

The parties stipulated that the following item numbers have been corrected: 15, 17, 18, 22, 24, 25, 30, 31, 47, 77, 82, 83 and 84.

Complainant testified that he agreed with Investigator Carter’s testimony and is not contesting the items that were not verified by Investigator Carter.

Mr. Armogida acknowledged that Respondent did not meet the deadline date for compliance with the Written Directive. Mr. Armogida asserted that Respondent has “tried to make an effort to get it done.”

Mr. Armogida explained that Complainant’s home is one of five constructed by Respondent and that Complainant had a date by which he needed to move in and the house was not completed. Mr. Armogida testified that this is a “brand new situation” for him and that he “will not be listing houses pre-construction.” Mr. Armogida apologized and stated that he “takes responsibility.” Mr. Armogida testified that “this is not the builder that I am.”

Administrative notice is taken of Respondent’s prior License record on August 11, 2025. Such prior License record reflects that Respondent’s License Number 342419 was first issued on December 29, 2022, and is active. Such prior License record also reflects that there is only the instant open Complaint, no resolved/settled complaints, and no complaints resulting in discipline against Respondent’s license.

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction.

Complainant bears the burden of proof to establish Respondent’s statutory violations by a preponderance of the evidence. “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”

The evidence established that Respondent’s work was not in conformity with the Registrar’s standards. Therefore, Complainant established that Respondent did not complete the project in a professional and workmanlike manner in violation of A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(A).

The evidence established that Respondent did not complete the corrective work following the Written Directive being issued and acknowledged such. Further, Respondent failed to establish any affirmative defense to establish valid justification for such failure. Therefore, Complainant established that Respondent failed to take appropriate corrective action following a Written Directive from the Registrar in violation of A.R.S. § 32-1154(A)(22).

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar shall suspend Respondent’s License Number 342419 for a period of seven (7) days.

It is further recommended that the Registrar require Respondent to pay the sum of $500.00 as a civil penalty pursuant to A.R.S. § 32-1154(E).

It is further recommended that if Respondent fails to pay the entire amount of the civil penalty on or before thirty (30) days following the effective date of the Registrar’s final order, the Registrar revoke Respondent’s license, effective on such deadline date. No future license shall be issued to any entity consisting of persons associated with Respondent, as defined in A.R.S. § 32-1101(A)(7), unless Respondent tenders payment of any outstanding prior civil penalty.

Pursuant to A.R.S. § 41-1092.08(I), the licensee may accept the Administrative Law Judge Decision by advising the Office of Administrative Hearings in writing not more than ten (10) days after receiving the decision. If the licensee accepts the Administrative Law Judge Decision, the decision shall be certified as the final decision by the Office of Administrative Hearings.

In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be forty (40) days from the date of that certification.

Done this day, August 14, 2025.

/s/ Sondra J. Vanella

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Tom Cole, Director

Registrar of Contractors

AMERICAS DWELLING, LLC

[email redacted]

Jonathon Martin

[email redacted]

James Carter

[email redacted]

By: OAH Staff