ALJDEC

99F-C989279-BFS · Department of Building and Fire Safety · 1999-06-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 22, 1999 APPEARANCES: Douglas Book, Complainant, appeared in his own behalf Bert Humphries, Manager, appeared on behalf of the Respondent ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ Findings of Fact By letter dated May 12, 1999, the Respondent submitted a motion to continue the hearing because of an out-of-town commitment. The motion was not received by the Office of Administrative Hearings until June 7, 1999. A copy of the motion had not been sent to the Complainant by the Respondent. The Complainant was notified of the motion by the Office of Administrative Hearings and objected to any continuance in light of the time elapsed since the issues regarding the asserted problems were first raised. The motion was denied. The Complainant had purchased a manufactured home from the Respondent in April, 1998. The home was set up in Polynesian Village in Peoria, Arizona in May 1998. It is presently occupied by the son and wife of the Complainant’s girlfriend. Problems with the home were noted at the time of occupancy in May, 1998 and were communicated to the Respondent as well as the manufacturer. Some remedial work was done but not all the problems were corrected. The Complainant filed a complaint with the Department of Building and Fire Safety-Office of Manufactured Housing (Office). On December 21, 1998, Inspector Office Inspector Dennis Butzen (Butzen) performed an inspection and issued a Verified Complaint and Sign Off Form (Verified Complaint), which addressed approximately 20 items which the manufacturer and or the Respondent were to correct. The Respondent corrected a number of items which were listed on the Verified Complaint but to date has not satisfactorily corrected items 2, 11b and 20. These items concern problems with the wood trim throughout the home including door jambs and casings, and drywall cracking at various joints and corners throughout the house and above the doors. The wood trim continues to show drywall texture overspray, drywall tape and caulking lumps. Some of the drywall cracking in the bedrooms has been corrected. The Respondent asserted it had not been given adequate access to the home to complete all the required repairs. Conclusions of Law A.R.S. §41-2153(B)(9) requires the Assistant Director of the Office to verify written complaints filed within one year of the date of purchase or installation. A.R.S. §41-2153(B)(10) provides that upon verification of a complaint, notice shall be served on a licensee to satisfy the complaint as specified by the Office. The Citation and Complaint alleges violation of A.R.S. §41-2186(19), failure to provide all goods and services, and (20), failure to install in a workmanlike manner. The evidence presented by the Complainant is not disputed. The Respondent’s assertion is that it has not been given adequate access to the home to complete all required repairs. The Respondent did not have a full opportunity to present the defense because the person who had knowledge regarding the issue, was out of town and the motion to continue had been denied. The Respondent has agreed to complete the remaining areas addressed by the Verified Complaint and the Complainant has agreed to be available and provide reasonable access to the Respondent to make the repairs. Recommended Order In view of the foregoing it is recommended commencing on the effective date of the Order issued in this matter that the Class D-8 license no. 6443, of the Respondent shall be suspended until such time as the Office receives written proof that the Respondent has accomplished appropriate and effective remedial work on the items remaining from the Verified Complaint as set forth in paragraph 8 of the Findings of Fact; It is further recommended that if the Respondent accomplishes the above described corrective work on or before the effective date of the Order entered in this matter, then the aforementioned suspension shall not take place and the Citation and Complaint upon which it is based shall be closed; It is further recommended that the Complainant grant reasonable access to the Respondent in order to perform the corrective work required by the Order entered in this matter or the Respondent shall be relieved of any further obligations under said Order. Done this day, June 22, 1999.

______________________________________ ALLEN REED Administrative Law Judge

Original transmitted by mail this ____ day of June, 1999, to:

N. Eric Borg, Director Department of Building and Fire Safety ATTN: Michelle Castaneda E. Virginia, Ste #100 Phoenix, Arizona 85004

By ___________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826