ALJDEC

99F-C989133-BFS · Department of Building and Fire Safety · 1999-02-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|BECKY LOU CRUZ, |§| | | |§|CASE NO.: 98-9/133 | |Complainant, |§| | | |§|DOCKET NO.: 99F-C989133-BFS | |-v- |§| | |USA ENTERPRISES, License |§| | |No.6595, Class D-8, |§| | | |§|RECOMMENDED | |and |§|DECISION AND ORDER | | |§| | |LANG’S MOBILE HOME SERVICE, |§| | |License No. 6816, Class I-10C, |§| | | |§| | |Respondents. |§| | | |§| |

HEARING: January 27, 1999, at 1:30 p.m. APPEARANCES: The Complainant appeared through her attorney, William Poorten. Respondent, USA ENTERPRISES, appeared through its qualifying party, Virginia Starr, and LANG’S MOBILE HOME SERVICE, appeared through its owner, James Lang. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on January 27, 1999. The Complainant appeared through her attorney, William Poorten. Respondent, USA ENTERPRISES appeared through its qualifying party, Virginia Starr, and Respondent LANG’S MOBILE HOME SERVICE appeared through its owner, James Lang. Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. Respondent, USA ENTERPRISES, is the holder of a Class D-8 (6595) License issued by the Department of Building and Fire Safety. 2. Respondent, LANG’S MOBILE HOME SERVICE, is the holder of a Class I-10C License issued by the Department of Building and Fire Safety.

3. The Complainant purchased a manufactured residence from USA ENTERPRISES, and the home was installed by LANG’S MOBILE HOME SERVICE.

4. Shortly after moving into the manufactured residence, the Complainant began noticing several areas of unsatisfactory workmanship.

5. The Complainant was dissatisfied with the Respondents’ workmanship and failure to correct their work despite repeated requests that they do so. The Complainant then filed a formal complaint, against the Respondents, with the Arizona Department of Building and Fire Safety, Office of Manufactured Housing.

6. Pursuant to the filing of the formal complaint, an assigned agency inspector conducted an on-site inspection and verified portions of the formal complaint.

7. Credible evidence, presented at hearing, established that both Respondents have failed to comply with the terms and conditions of the verified complaint.

8. The following items of the Verified Complaint were shown to fail to comply with applicable minimum industry standards and to require proper corrective action by Respondent, LANG’S MOBILE HOME SERVICE:

i. Some of the duct work beneath the Complainant’s residence were damaged during the installation of the residence and the damaged duct work allowed mice into the Complainant’s residence. The Respondent, LANG’S MOBILE HOME SERVICE, shall cause the damaged duct work to be properly repaired, or replaced, and cause the Complainant’s residence to be properly treated for the mice infestation caused by the damaged duct work.

10. The following items of the Verified Complaint were shown to fail to comply with applicable minimum industry standards and to require proper corrective action by Respondent, USA ENTERPRISES:

k. The HVAC system for the Complainant’s residence was not properly installed and fails to operate properly. The Respondent shall cause the HVAC system to be properly repaired or replaced.

l. A hole in a wall behind a door has not been repaired. The Respondent shall cause the hole in the wall to be properly corrected.

m. There are large lumps in the ceiling along the marriage line of the residence. The Respondent shall cause the ceiling to be properly corrected.

n. The wall in the kitchen area by the living room is cracked and pushing into the ceiling. The Respondent shall cause the wall to be properly corrected.

o. The Respondent corrected the leak in the master bath area but failed to removed water damaged insulation. The Respondent shall cause all water damaged insulation, including any insulation that evidences any type of mold, to be properly replaced.

p. The carpet in the front bedroom is still loose and rippled. The Respondent shall cause the carpet to be properly repaired or replaced. 17. The remaining items of the verified complaint were shown to have been corrected to within minimum applicable industry tolerances.

CONCLUSIONS OF LAW

1. A.R.S. §41-2186(7) subjects a licensee’s License to sanction for a departure from or disregard of any code or any rule adopted by the board.

2. A.R.S. §41-2186(12) subjects a licensee’s License to sanction for a failure to respond relative to a verified complaint after notice of such complaint.

3. A.R.S. §41-2186(20) subjects a licensee’s License to sanction if the licensee fails to manufacture or install, in a workmanlike manner, all subassemblies, units and accessory structures which are suitable for their intended purpose.

4. The credible evidence of record established violations, by Respondent LANG’S MOBILE HOME SERVICE, of the provisions of A.R.S. §41-2186(20).

5. The credible evidence of record established violations, by Respondent USA ENTERPRISES, of the provisions of A.R.S. §41-2186(20).

RECOMMENDED ORDERs

1. In view of the foregoing, it is recommended that the Class D-8 License (No. 6595) of USA ENTERPIRSES be suspended for a period of days commencing on March 1, 1999.

It is further recommended that if the Respondent properly causes the accomplishment of proper corrective action on the items set forth above in Finding of Fact Nos. 9(a) through 9(f), inclusive, then the above provided License suspension shall not take place and that Citation No.98-9-133 (USA ENTERPRISES) shall be closed.

2. In view of the foregoing, it is recommended that the Class I-10C License (No. 6816) of LANG’S MOBILE HOME SERVICE be suspended for a period of 30 days commencing on March 1, 1999.

It is further recommended that if the Respondent causes the proper repair or replacement of the damaged duct work under the Complainant’s residence and causes the performance of a proper treatment for the mice infestation in the residence then the above provided License suspension shall not take place and Citation No. 98-9-133 (LANG’S MOVILE HOME SERVICE) shall be closed.

Dated this 9th day of February, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of February, 1999, to:

N. Eric Borg Building of Fire and Safety ATTN: Michelle Castaneda E. Virginia, Suite 100 Phoenix, AZ 85004

Transmitted by: -----------------------