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HomeMy WebLinkAboutAgenda 08-20-2008 Revised 8/15/2008 AGENDA CONTRACTOR EXAMINING BOARD COMMISSION CHAMBERS – ROGER POITRAS ANNEX August 20, 2008 8:30 A.M. A. CALL TO ORDER B. ROLL CALL OF CONTRACTOR EXAMINING BOARD MEMBERS C. APPROVAL OF MINUTES OF: JULY 16, 2008 CONTRACTOR EXAMINING BOARD D. SWEAR IN STAFF MEMBERS E. APPLICATIONS TO BE APPROVED F. SATISFACTION OF LIEN – WJM BUILDING RESOURCES INC. G. CITATION APPEALS H. DISCIPLINARY CASES I. OLD BUSINESS J. NEW BUSINESS K. PUBLIC COMMENT NOTE: THE NEXT CONTRACTOR EXAMINING BOARD HEARING WILL BE HELD ON SEPTEMBER 17, 2008 IN THE COMMISSION CHAMBERS OF THE ROGER POITRAS ANNEX AT 8:30 A.M. NOTICE: All proceedings before the St. Lucie County Contractor Examining Board, St. Lucie County, Florida, are electronically recorded. Any person who decides to appeal any action taken by the Contractor Examining Board, at this meeting, will need a record of the proceedings, and for such purpose may need to assure that a verbatim record of the proceedings is made. Page 1 of 13 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 08-2008.doc Revised 8/15/2008 E. THE FOLLOWING APPLICATIONS ARE RECOMMENDED FOR APPROVAL BY CONSENT: Qualifier Business Name Type of Contractor Kenneth Edward Close TCI, LLC Communication/Sound Contractor Daniel Joseph Stubbs Daniel Joseph Stubbs Journeyman Electrician Victor Abel Zarate Victor Abel Zarate Journeyman Electrician Jean Reynold Obilas Jean Reynold Obilas Journeyman Electrician Fernando Santana Fernando Santana Journeyman Electrician Alex Thermidor Alex Thermidor Journeyman Electrician Eliseo Cedillo Eli’s Electric Corp. Electrical Registered Contractor Jesus Alvarez-Serrano Jesus Alvarez-Serrano Journeyman Electrician Ian Jason Sobel Ian Jason Sobel Master Electrician Sean Paul Parrott Sean Paul Parrott Journeyman Electrician Traver R. Boettcher Artisan Trim, Inc. Carpentry Contractor Donald Robert Kolostyak Air Team Heating and Air Air Conditioning Class B Conditioning Inc. Contractor Bradford Chase Teel Bradford Chase Teel Journeyman Electrician Page 2 of 13 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 08-2008.doc Revised 8/15/2008 THE FOLLOWING APPLICATIONS ARE RECOMMENDED FOR APPROVAL BY RECIPROCITY: Qualifier Business Name Type of Contractor Valentino Perez Valco Electric Inc. Electrical Registered Contractor Sean Patrick O’Connor OC Trim & Millwork LLC Finish Carpentry Contractor Robert John Sampson Bob Sampson Carpentry Inc. Finish Carpentry Contractor Larry Walter Cotton Suncoast Wall and Ceiling Carpentry Contractor Systems, Inc. James M. Cuomo Homeshield Hurricane Shutters, Hurricane Protection Inc. Contractor THE FOLLOWING APPLICATIONS ARE RECOMMENDED FOR APPROVAL BY REVIEW: Qualifier Business Name Type of Contractor NONE Page 3 of 13 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 08-2008.doc Revised 8/15/2008 THE FOLLOWING APPLICATIONS WERE APPROVED ADMINISTRATIVELY BASED ON RECIPROCITY FROM THE CITY OF PORT ST. LUCIE OR THE CITY OF FORT PIERCE (names to be read into record): Qualifier Business Name Type of Contractor Freddie Dale Talbott Talbot Painting Inc. Painting Contractor Matthew Edward Moskal Woodwits, Inc. Finish Carpentry Contractor Abraham B. Alcolea Balcolea Marble & Tile, Inc. Tile & Marble Contractor Terry J. Townson General Caulking & Coatings Painting Contractor Co., Inc. Vincent James Imbriani VJI Inc. Finish Carpentry Contractor Charles Briggs Charles Briggs Flooring Inc. Tile & Marble Contractor Mario D. Russo Russo Custom Flooring Inc. Tile & Marble Contractor Aaron John Chandler Precision Shutter Systems, Inc. Aluminum w/o Concrete Contractor Walter Joseph Wynostek JW’s Hurricane Protection, Inc. Hurricane Protection Contractor Scott Theodore Montagna Colors By Design Painting, Inc. Painting Contractor Robert Earl Burns Burns & Sons Concrete, Inc. Concrete Contractor Gary A. Kasperowski Treasure Coast Fence Inc. Fence Contractor Matthew James Marbry A Quality Screening & Aluminum Aluminum w/Concrete LLC Contractor G. CITATION APPEAL: Page 4 of 13 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 08-2008.doc Revised 8/15/2008 AGAINST: David M. Alban VIOLATION: Engaging in the business or act of the capacity of a Contractor without being duly registered or certified. INVESTIGATOR: Swendy Ariyanayagam RECOMMENDATION: $500.00 G. CITATION APPEAL: Page 5 of 13 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 08-2008.doc Revised 8/15/2008 AGAINST: Warren A. Poole VIOLATION: Engaging in the business or act of the capacity of a Contractor without being duly registered or certified. INVESTIGATOR: Swendy Ariyanayagam RECOMMENDATION: $500.00 H. DISCIPLINARY CASES: Page 6 of 13 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 08-2008.doc Revised 8/15/2008 AGAINST: George H. Pastor & Sons Inc. Complaint(s) filed by: Staff Investigator: Monica Barrios Staff Recommendation: That the permitting privileges will be suspended until all expired permits are renewed and receive a final inspection. Term of suspension is not to exceed one (1) year. It is further recommended that this case along with the copy of this Board’s Order be prepared and sent to the Florida Construction Industry Licensing Board. Qualifier: John Richard Pastor Certificate of Competency # 22438 State # CBC057608 Expired Permit Summary Type of Contractor: Building Certified Contractor Licensed in St. Lucie County Since: 02/17/05 Type of Permits: Building Total Number of Permit Expired: 2 First Notification to the Company: August 14, 2006 Follow-ups: Letter and phone calls. Violation: SLC CCL 2-5-20 Revocation or Suspension of Certificate of Competency Sub section (3) Willfully disregards and violates an applicable state or local building code, regulation or law. *SLC Land Development Code:11.05.01 (2) a. Building Permits shall expire and become null and void if work authorized by such Building Permit is not commenced, having called for and received a satisfactory inspection, within six (6) months from the date of issuance of the permit, or if the work is not completed within eighteen (18) months from the date of issuance of the Building Permit, except that the time may be extended by the building official. AGAINST: Apple Restoration Inc. Complaint(s) filed by: Staff Page 7 of 13 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 08-2008.doc Revised 8/15/2008 Investigator: Monica Barrios Staff Recommendation: That the permitting privileges will be revoked in St. Lucie County. It is further recommended that this case along with the copy of this Board’s Order be prepared and sent to the Florida Construction Industry Licensing Board. Qualifier: Paul Apple Certificate of Competency # 23355 State # CRC1328158 Expired Permit Summary Type of Contractor: Residential Certified Licensed in St. Lucie County since: 11/30/2005 Type of Permits: Aluminum Structures Total Number of Permits Expired: 9 First Notification to the Company: 11/01/2007 Follow-ups: Letter and phone calls. Violation: SLC CCL 2-5-20 Revocation or Suspension of Certificate of Competency Sub section (3) Willfully disregards and violates an applicable state or local building code, regulation or law. *SLC Land Development Code: 11.05.01 (2) a. Building Permits shall expire and become null and void if work authorized by such Building Permit is not commenced, having called for and received a satisfactory inspection, within six (6) months from the date of issuance of the permit, or if the work is not completed within eighteen (18) months from the date of issuance of the Building Permit, except that the time may be extended by the building official. AGAINST: Keith Mahaffey Pools Inc. Complaint(s) filed by: Staff Investigator: Monica Barrios Page 8 of 13 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 08-2008.doc Revised 8/15/2008 Staff Recommendation: That the permitting privileges will be revoked in St. Lucie County. It is further recommended that this case along with the copy of this Board’s Order be prepared and sent to the Florida Construction Industry Licensing Board. Qualifier: Keith A. Mahaffey Certificate of Competency # 21127 State # CPC057294 Expired Permit Summary Type of Contractor: Pool/Spa Commercial Certified Licensed in St. Lucie County since: 08/19/2004 Type of Permits: Pool/Spa Total Number of Permits Expired: 2 First Notification to the Company: 07/27/2006 Follow-ups: .Letter and phone calls. Violation: SLC CCL 2-5-20 Revocation or Suspension of Certificate of Competency Sub section (3) Willfully disregards and violates an applicable state or local building code, regulation or law. *SLC Land Development Code: 11.05.01 (2) a. Building Permits shall expire and become null and void if work authorized by such Building Permit is not commenced, having called for and received a satisfactory inspection, within six (6) months from the date of issuance of the permit, or if the work is not completed within eighteen (18) months from the date of issuance of the Building Permit, except that the time may be extended by the building official. INVESTIGATIVE REPORT By: CARL BROME AGAINST: LAWERENCE S. CLIPPINGER DBA HOMES DOCKS & MORE CONSTRUCTION INC Page 9 of 13 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 08-2008.doc Revised 8/15/2008 23988 CGC1507998 THIS ACTION AGAINST LAWERENCE S CLIPPINGER WITH HOMES DOCKS & MORE CONSTRUCTION INC WHO HOLDS A LICENSE AS GENERAL CONTRACTOR IS THE RESULT OF AN INVESTIGATION BASED UPON A COMPLAINT FILED BY THE SLC staff and RESIDENT: DELILA MCKENNA AT 6311 OLEANDER AVE. AN INVESTIGATION REVEALED THE FOLLOWING VIOLATIONS: Sec. 2-5-20: Revocation or suspension of certificates of competency. (3) Willfully disregards and violates an applicable state or local building code, regulation or law. (8) Abandons a construction project in which the contractor is engaged or under contract as a contractor. A project shall be considered abandoned ninety (90) days after the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work under the contract for ninety (90) consecutive days. (11) Proceeds on any construction job without first obtaining and posting the required county building permits and scheduling required inspections. ON SEPTEMBER 25 2006 WE RECEIVED A FORMAL COMPLAINT AGAINST HOMES DOCKS & MORE INC. THE REVISED CONTRACT WITH HOMES DOCKS & MORE INC AND THE HOMEOWNER WAS SIGNED ON 02/05/2007 FOR RENOVATIONS TO THE SINGLE FAMILY RESIDENCE. THE HOMEOWNER TO DATE HAS PAID $40,500 OF THE $45,859 AGREED AMOUNT TO THE CONTRACTOR. APPROXIMATELY 25 PERCENT OF THE WORK STILL NEEDS TO BE DONE. THE OWNER HAS BEEN HAVING A DIFFULT TIME HAVING THE CONTRACTOR TO FINISH THE WORK & RETURN HER CALLS. MS MCKENNA WANTS THE JOB COMPLETED AS CONTRACTED. STAFF HAS BEEN COORDINATING WITH THE CONTRACTOR AND THE HOME OWNER BUT THE PERMIT STILL REQUIRES BEING REACTIVATED AND FINALED. IF MR CLIPPINGER IS FOUND IN VIOLATION OF THE ABOVE CHARGES IT IS THE RECOMMENDATION OF THE CODE COMPLIANCE DIVISION THAT THE CERTIFICATE OF COMPETENCY IS REVOKED IN ST LUCIE COUNTY. IT IS FURTHER RECOMMENDED THAT A COPY OF THE FINDINGS OF FACTS IN THIS CASE BE SENT TO THE STATE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. INVESTIGATIVE REPORT BY: SWENDY ARIYANAYAGAMS Against: Charles Johnson C A Johnson Construction Inc. DBA: Page 10 of 13 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 08-2008.doc Revised 8/15/2008 For the record I am submitting Contractor Complaint Affidavit submitted by Ms. Ethel Laws, a letter dated February 23, 2007 by the Ondura Customer Services, A letter dated April 20, 2007 by GKRao Engineering & Associates, and a letter dated July 8, 2008 by Mr. Johnson. This action is brought against Mr. Johnson DBA C. A. Johnson Inc. regarding a complaint filed by Ms. Ethel Laws and staff investigation findings of violation of the St. Lucie County Code ad Complied Laws Section 2-5-20. Revocation or Suspension of Certificate of Competency Sub section (3) Willfully disregards and violates an applicable state or local building code, regulation or law In this you have violated 489.127 (4) (c) A certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, may not apply for or obtain a building permit for construction work unless the certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, or business organization duly qualified by said contractor, has entered into a contract to make improvements to, or perform the contracting at, the real property specified in the application or permit. This paragraph does not prohibit a contractor from applying for or obtaining a building permit to allow the contractor to perform work for another person without compensation or to perform work on property that is owned by the contractor., SLC CCL 2-5-19 (9), 489.127 (1) (i) Willfully or deliberately disregard or violate any municipal or county ordinance relating to uncertified or unregistered contractors. and (5): and conspires with an unlicensed person by allowing a certificate of competency to be used by the unlicensed person to evade the provisions of the article. When a certificate holder allows his certificate to be used by one or more business organizations without having any active participation in the operation, management or control of such business organization such act shall constitute prima facie evidence of intent to evade the provisions of this article. May 6, 2008 On a complaint was filed in by Ms. Ethel Laws at 908 Echo Drive. Complaint stated that Ms. Laws entered into contractor with Fine Homes Roofing to tear off existing roof and replace with Ondura roof system. Complainant goes on to say that the roof was not done properly causing leaks which did damage to her personal property. Staff investigated this complaint and found that the permit The roof permit for the roof was obtained by Charles Johnson under his General Contractor License. July of 2005 that was issued was for tear off and re-roof fiberglass shingle roof for 2000sf in . An inspectionMay 26, 2006 was called in on where the inspector disapproved stating the work was not inspectionAugust 24, complete where the flat roof meets the sloped roof. Again an was scheduled for 2006 and was failed by the building inspector stating that a revision to the permit must be submitted along with the product approval and manufactures instruction showing the method of attachment. A revision was done stating a proper roofing material and product specs was brought into the permitting department to update the permit. Submitted into evidence you can see a letter dated February 23, 2007, that was written by the Ondura customer services to the home owner that they acknowledge that the roof The final inspection was not installed correctly. was again done but not by the building inspector, on April 30, 2007 an Engineers report was submitted by C.A. Johnson Inc. to the building department stating that GKRao Engineering and Associates has viewed the roof installation system and it job was completed in accordance with Florida Building Code. The Building Department accepted the final report as noted and closed out the permit. Mrs. Laws continue to have problems with the leak and Mr. Johnson has tried to fix the problem couple of times but it has not been successful. When the complaint was filed in with our department in May of 2008, I and the Supervisor for Building Inspector Ken Arnold visited Mrs. Laws home and observed the leaks. I set up a meeting between the homeowner and the contractor of record for the building permit to discuss these issues. I pointed out to Mr. Johnson that he should have never obtained a permit for another contractor whether he was licensed or unlicensed when he doesn’t even have a contract with the homeowner. By doing so he has violated the Florida Statues and St. Lucie County Code and Compiled Page 11 of 13 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 08-2008.doc Revised 8/15/2008 Laws. Mr. Johnson agreed to a settlement of $10,000 made out to Mrs. Laws so she can get a new contractor to re-do the roof. He asked until the end of July to get these monies back to her. Mr. Johnson called me asking for another month in extension in beginning of August but I scheduled this before the Licensing Board so that the Board can review this case and if Mr. Johnson is found in violation to place a time limit for the monies to be returned before the staff recommended permitting privileges be suspended and a copy of this Board’s Order be prepared and sent to the FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD for the Certified General Contractor’s License is placed for review. I. OLD BUSINESS: J. NEW BUSINESS: Page 12 of 13 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 08-2008.doc Revised 8/15/2008 PUBLIC COMMENT K. : Page 13 of 13 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 08-2008.doc