IDAHO CONTRACTORS BOARD

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Board Meeting Minutes of 7/10/2008

 

 

BOARD MEMBERS PRESENT:  Jerry Nemec - Chair

                                                             Pamela Prather

                                                             Art Elliott       

                                                             Steve R Pinther

                                                             Anthony James Hughes

             

BUREAU STAFF:                           Tana Cory, Bureau Chief

                                                            Budd Hetrick, Deputy Bureau Chief

                                                            Dawn Hall, Deputy Bureau Chief

                                                            Roger Hales, Administrative Attorney

                                                            Erin Anderson, Secretary

                                                            Dave Hotchkiss, Investigative Coordinator

 

OTHERS PRESENT:                     Jeremy Pisca, Attorney

Rob Pilot, Idaho Contractors Association

 

Meeting was called to order at 8:35 AM MDT by Jerry Nemec.

 

APPROVAL OF MINUTES

 

Motion was made by Mr. Elliott to approve minutes from 06/24/08 meeting as presented.  Motion seconded by Mr. Pinther, motion carried.

 

NEW BUSINESS

 

Ms. Cory presented to the Board the legislative update.  She informed the Board of their impending deadline to present law/rule changes to legislature.

 

Ms. Hall presented to the Board its financial report.

 

DISCUSSION

 

Mr. Hales discussed with the Board a proposed law change that would make insurance documents public record.  Motion was made by Mr. Hughes to present this proposed law change in the 2009 legislative session.  Motion was seconded by Ms. Prather, motion carried.

 

Mr. Hales discussed and gave the proposal for a rule change for applications with lack of activity to be closed after one year.   Motion was made by Mr. Pinther to accept this rule change proposal.  Motion seconded by Mr. Hughes, motion carried.

 

Discussion was held in regard to entities that have reapplied after disciplinary action and the current inability to track these businesses.  It was discussed that we could possibly create a tracking system, but that would require additional information to be requested when a business applies for registration.  Mr. Pisca stated that he would research how the state of California handles their tracking system, but Mr. Pisca also suggested that perhaps this matter be tabled until next year when more information could be collected to support any possible law/rule change requests.

 

The Board discussed the builder/owner exemption, and determined that persons who were building on their own property units or dwellings for public consumption should be required to register.  Mr. Pisca stated that he would do research in regards to any possible changes that would need to be made to this exemption.

 

The Board determined that they may need to create a uniform building standard for investigations, pro reviewers, and research purposes.  Mr. Pinther suggested that the Board perhaps use the national standards book NAHB, and also review the way the state of South Carolina has set up their state’s building standard requirements.  Mr. Pisca did advise that at this time the Board should not pursue any possible law/rule changes, and just make this change an administrative level change.

 

Mr. Hetrick took this time to inform the Board that the Bureau was still searching for qualified pro reviewers to help process some of the investigative complaints.  Mr. Nemec requested from Mr. Pilot that the request for pro reviewers be put on the agenda at the Idaho Contractors Association’s next meeting, to help assist the Bureau in its search of pro reviewers.

 

DISCIPLINARY

 

Before presenting CON-2008-31 to the Board for final review, Mr. Hales explained the process of how the Bureau and the Attorney General’s Office come to the final process of Findings of Fact, Conclusions of Law, and Recommendation.

 

CON-2008-31 was then presented to the Board.  Motion was made by Ms. Prather to accept the hearing officer’s findings and facts and to authorize the chair to sign, requesting that the respondent pay a $250.00 fine for failure to meet disclosure requirements, $250.00 fine for failure to meet display of registration requirements, pay $282.75 in investigative fees, and that a letter be sent to respondent in regards to the correct process in filing liens.  Motion seconded by Mr. Pinther, motion carried.

 

Mr. Hotchkiss presented the following investigative report to the Board:

 

MEMORANDUM

DATE: July 3, 2008

TO:      Idaho State Contractors Board

FROM: Bureau of Occupational Licenses

SUBJECT: Complaint Investigation Report

Fiscal Year 2008

Total Complaints received 387

Including no liability insurance files 109

Status:

Closed by Board action 106

Closed following disciplinary action 1

Pending legal review by the Office of the Attorney General 64

Remaining under investigation 202

Awaiting Board determination14

Fiscal Year 2007

Total Complaints received 635

Including no liability insurance files 422

Status:

Closed by Board action 462

Closed following disciplinary action 16

Pending legal review by the Office of the Attorney General 99

Remaining under investigation 52

Awaiting Board determination 6

Fiscal Year 2006

Total Complaints received 56

Status:

Closed by Board action 42

Closed following disciplinary action 5

Pending legal review by the Office of the Attorney General 8

Remaining under investigation 1

For Board Determination:

 

I-CON-2007-186 C alleges that R is un-registered and was hired to complete a fireplace in C's back yard. R received $4500 for a partial down payment. R then refused to complete the job. A search of IBOL records confirms no registration for R. INV revealed that the R was operating under an alias and R's true identity could not be determined. The local sheriff INV this case in detail but was unable to locate R. IBOL INV has also been unable to contact the R. IBOL recommends the Board authorize closure.  Motion to refer file to DAG’s office made by Ms. Prather, seconded by Mr. Elliott, motion carried.

 

I-CON-2007-243 C alleges that R is practicing without the benefit of registration and filed alien against C's property. IBOL records confirm that a registration was issued for R. INV revealed that the R was not registered while working on the job, but that R did obtain registration after the job. IBOL recommends the Board authorize closure with a warning letter to the R.  Motion made to close with IBOL recommendations made by Mr. Elliott, seconded by Mr. Pinther, motion carried.

 

I-CON-2007-323 C alleges that R dumped garbage rock on C's property and would not produce proof of registration, insurance, and workers comp. C later told R to remove the rock and to not return to property. A search of IBOL records did not reveal a registration for R. INV revealed that the R is no longer in business. R stated he was now too old to perform contractor services, and had no intention of providing contractor services in the future. IBOL recommends the Board authorize closure with an advisory letter.  Motion to refer file to DAG’s office made by Ms. Prather, seconded by Mr. Elliott, motion carried.

 

I-CON-2007-453 C alleged R was paid in full for concrete work that had been completed, and the concrete pumping company later placed a lien against C because R did not pay the pumping company. INV revealed that the C was subsequently paid and all parties are now satisfied. IBOL recommends the Board authorize closure with an advisory letter to the R pertaining to their responsibility to pay their suppliers.  Motion made to close with IBOL recommendations made by Mr. Elliott, seconded by Ms. Prather, motion carried.

 

I-CON-2007-467 C alleged R's incompetence led to numerous defects during the course of construction. R made some repairs but denied responsibility for other problems caused by R. INV revealed that the R is now deceased. IBOL recommends the Board authorize closure.  Motion made to close with IBOL recommendations made by Mr. Pinther, seconded by Mr. Elliott, motion carried.

 

I-CON-2007-511 C alleges that R failed to provide proof of liability insurance after receiving cancelation notice from insurance company. IBOL sent a certified letter requesting response and no response was received. The case was sent to the DAG and IBOL subsequently received proof of liability coverage. IBOL recommends the Board authorize closure.  Motion made to close with IBOL recommendations made by Mr. Elliott, seconded by Ms. Prather, motion carried.

 

I-CON-2008-51 C alleged R is an unregistered contractor. IBOL sent a certified letter requesting response. The letter was returned as undeliverable. INV later revealed that R installs and repairs septic systems and that R holds a permit-license from Central District Health. The Contractors Act exempts persons who are licensed, registered or otherwise regulated by the state. Pursuant to title 39, chapter1, the Director of the Department of Environmental Quality has the authority to issue rules relating to solid waste disposal and licensure and certifications relating thereto. Those rules require that installers obtain a permit from the Director, and provide a bond. Due to being otherwise regulated by the state, it appears that R is exempt from the Contractors Act. IBOL therefore recommends the Board authorize closure.  Motion made to close with IBOL recommendations made by Mr. Elliott, seconded by Mr. Pinther, motion carried.

 

I-CON-2008-81 C alleged R provided poor workmanship on a concrete driveway and sidewalks, and that R used the wrong color and failed to apply sealant. INV revealed that the correct color was ordered and obtained by R, who said it was mixed appropriately. INV also revealed that the concrete was tested and revealed no cracks and was within normal standards. INV revealed that sealing the concrete was not a part of the contract. INV did not reveal evidence to support the allegations or a violation. IBOL recommends the Board authorize closure.  Motion made to close with IBOL recommendations made by Mr. Pinther, seconded by Mr. Hughes, motion carried.

 

I-CON-2008-206 C alleges that R was contracted to re-roof C's house. C paid the R in full and R never paid suppliers, who have now filed a lien filed against C's house. INV revealed that the R's partner ran up a large debt and the company was later split up. INV revealed that R has paid over half of the debt and said payments will continue until it is paid off. IBOL records do not show a registration for the other partner. IBOL recommends the Board authorize closure.  Motion made to close file with letter to be sent to complainant made by Mr. Elliott, seconded by Ms. Prather, motion carried.

 

I-CON-2008-219 C alleges that R did a shower tile install to C home in 2004 and, due to leak, R verbally gave a lifetime guarantee. In 2007 C noticed some mildew and significant damage to the crawl space. Though R initially agreed to fix the shower, R will not return C's calls. C hired a general contractor and initial demolition revealed that the damage was far worse then anticipated. IBOL records show that R became registered in 2007. INV revealed the construction took place before the Contractor Registration Act and the Board does not have jurisdiction. IBOL recommends the Board authorize closure.  Motion made to close with IBOL recommendations made by Ms. Prather, seconded by Mr. Pinther, motion carried.

 

I-CON-2008-265 C alleged that R was contracted to build C's house. R refused to fix a problem with the house and there is now mold in the sub floors. C hired an energy inspector and found that the attic was not properly insulated, the sub-floor insulation was missing in some areas, the main trunk to heating supply was completely disconnected and the vapor barrier in the crawl space of the sub-floor was missing in some areas. INV revealed that the C advised the R in writing to correct the problem within a 10 day period, but then contracted with another business to fix the problems before the 10 day period was up. The R attempted to obtain access to the property in order to address the problems but the C would not allow R access. While INV did reveal evidence to support that R was responsible for the problems noted, C would not allow R access to fix the issues. IBOL recommends the Board authorize closure.  Motion made to close with IBOL recommendations made by Mr. Pinther, seconded by Ms. Prather, motion carried.

 

I-CON-2008-276 C alleged that R was paid in full for replacing a roof on C's house. R failed to pay the supplier and the supplier filed a lien on C's house. C has now paid the supplier to have the lien removed. INV revealed that the R's partner ran up a large debt and the company was later split up. INV revealed that R has paid over half of the debt and said payments will continue until it is paid off.  IBOL records do not show a registration for the other partner. IBOL recommends the Board authorize closure.  Motion made to close file with letter to be sent to complainant made by Mr. Elliott, seconded by Ms. Prather, motion carried.

 

I-CON-2008-295 C alleged that R was contracted to build a barn. Once the barn was complete, the final inspection was never requested. When the county inspector later inspected numerous problems were discovered. R would not fix the problems. INV revealed the contract was signed before the Contractor Registration Act and the Board does not have jurisdiction. IBOL recommends the Board authorize closure.  Motion made to close with IBOL recommendations made by Mr. Pinther, seconded by Ms. Prather, motion carried.

 

I-CON-2008-303 C alleged that R was hired to install a new 30 year roof. The job was completed and paid in full and R did not completely pay the supplier. The supplier has placed a lien on C property. INV revealed that the R's partner ran up a large debt and the company was later split up. INV revealed that R has paid over half of the debt and said payments will continue until it is paid off. IBOL records do not show a registration for the other partner. IBOL recommends the Board authorize closure.  Motion made to close file with letter to be sent to complainant made by Mr. Elliott, seconded by Ms. Prather, motion carried.

 

I-CON-2008-304 C alleged that R was hired to put a new roof on the C's family room. C states that the roof leaks and repeated attempts to contact the R have not been successful. INV revealed that a plastic cap was inserted in the bottom row of the old shingles on the old roof, allowing water to infiltrate the roof. R has advised C several times that the old roof would need to be removed to see which roof is leaking. The R has explained this to the C a number of times and the C can not afford the extra cost. IBOL recommends the Board authorize closure.  Motion made to table file to allow Mr. Elliott to review, and to make a motion after review made by Ms. Prather, seconded by Mr. Hughes, motion carried.

 

I-CON-2008-308 C alleged that there are two areas that need repair. C also states that there is drywall repair needed and there may be damage to the insulation. INV revealed that the R's company split and the C could not get a hold of the R. The INV put the C in touch with the R and they came to an agreement to fix the roof. IBOL recommends the Board authorize closure.  Motion made to close file with letter to be sent to complainant made by Mr. Elliott, seconded by Ms. Prather, motion carried.

 

I-CON-2008-336 C alleged that they won a judgment against the R and the R will not pay the debt.  INV revealed the C lost their financing and the contract was not fulfilled. The investigation did not reveal evidence to show that the C should get a refund or any evidence the R violated the laws or rules. IBOL recommends the Board authorize closure.  Motion made to close with IBOL recommendations made by Ms. Prather, seconded by Mr. Pinther, motion carried.

 

I-CON-2008-341 C alleged R provided a false document to city officials. C subsequently withdrew the complaint. IBOL recommends the Board authorize closure.  Motion made to close with IBOL recommendations made by Ms. Prather, seconded by Mr. Hughes, motion carried.

 

I-CON-2008-353 C alleged that the R was contracted to install vinyl windows. The C alleged that the windows were not measured correctly and the windows were installed incorrectly. INV revealed the C filed the complaint prematurely and the R was able to satisfy the C. IBOL recommends the Board authorize closure.  Motion made to close with IBOL recommendations made by Ms. Prather, seconded by Mr. Hughes, motion carried.

 

I-CON-2008-363 C alleged that the R ordered 6000 square feet of sod and will not pay the bill.  INV revealed the C was paid and all parties are satisfied. IBOL recommends the Board authorize closure with an advisory letter to the R pertaining to their responsibility to pay their suppliers.  Motion made to close with IBOL recommendations made by Ms. Prather, seconded by Mr. Elliott, motion carried.

 

Board chose to table Ms. Ryan’s email for review at the next meeting.

 

Ms. Hall discussed a minor change that she made to the NASCLA state report.  The Board approved of her changes, allowing Ms. Hall to submit the report to NASCLA.

 

A motion was made by Ms. Prather for the Board to pay for Mr. Hales travel expenses to the September NASCLA meeting, seconded by Mr. Pinther, motion carried.  Mr. Hetrick said he would follow up with Mr. Hales.

 

EXECUTIVE SESSION

Motion was made by Mr. Elliott to enter into executive session to discuss applications and matters not subject to public disclosure, per Idaho Code 67-2345 (1) (d).  Motion was seconded by Ms. Prather, motion carried.  Individual votes for this motion were: Mr. Nemec, aye; Mr. Pinther, aye; Ms. Prather, aye; Mr. Hughes, aye; and Mr. Elliott, aye.

 

Motion was made by Mr. Elliott to go out of executive session.  Motion was seconded by Ms. Prather, motion carried.  Individual votes for this motion were: Mr. Nemec, aye; Mr. Pinther, aye; Ms. Prather, aye; Mr. Hughes, aye; and Mr. Elliott, aye.

 

APPLICATIONS

 

The following applications were reviewed by the Board:

 

LicNo

Name

RCE-25904

HENNING CONSTRUCTION COMPANY

RCE-25909

NATURES LANDSCAPING & DESIGN INC

RCE-25910

REED & KRISTY MCCANDLESS

RCE-25914

MEZA DRYWALL LLC

RCE-25915

RIVER ARC LTD CO

RCE-25916

STONE CREEK LAND DESIGN & DEVELOPMENT INC

RCE-25917

WESTERN PARTITIONS INC

RCE-25920

AMERICAN TECHNOLOGIES INC

RCE-25921

COAST TO COAST INSTALLATIONS INC

RCE-25923

BISHOP HOMES LLC

RCE-25925

RIVER CITY EXCAVATION LLC

RCE-25926

INTERIOR DESIGNS LLC

RCE-25928

MOUNTAINGIRL PAINTING COMPANY

RCE-25930

ROOF USA (OR) LLC

RCE-25935

D & D CUSTOM CURBING LLC

RCE-25936

ALL VALLEY WELDING LLC

RCE-25937

MARK BISHOP CONSTRUCTION INC

RCE-25940

NORTH SHORE BUILDING COMPONENTS INC

RCE-25943

R.B. OLSON CONSTRUCTION LLC

RCE-25946

GOLDEN ENVIRO LLC

RCE-25947

GRUNDSTUCK LLC

RCE-25948

NEWBOLD CONSTRUCTION LLC

RCE-25952

S & Y SIDING LLP

RCE-25953

AXIOM NORTHWEST CONSTRUCTION INC

RCE-25958

SCRUB BUDS

RCE-25959

MICHAEL CLAY CORPORATION

RCE-25960

P & K LANDSCAPING

RCE-25962

FORTNEY CONSTRUCTION INC

RCE-25963

P.I.L. INC

RCE-25964

JEFF BOOS CONSTRUCTION LLC

RCE-25966

R.C.O. INC

RCE-25967

B & G TILE LLC

RCE-25969

PFM CONSTRUCTION INC

RCE-25970

ACCENT PAINTING AND SPECIAL COATINGS LLC

RCE-25972

GBC INC

RCE-25973

ULTIMATE POWER EXCAVATION & RENTALS LLC

RCE-25979

ADVANCED SURFACE INNOVATIONS INC

RCE-25989

AUTHENTICRAFT INC

RCE-25990

GOLD TREE BUILDERS

RCE-25996

WSFP CO

RCE-26001

FAGEN INC

RCE-26002

APEX PROPERTY MANAGEMENT SOLUTIONS LLC

RCE-26004

ALPHA CORP

RCE-26007

STRUCTURES LLC

RCE-26008

SHADOW MOUNTAIN MANAGEMENT LLC

RCE-26013

TERRY GESELLE CONSTRUCITON INC

RCE-26016

CORNER TO CORNER STONE & MARBLE LLC

RCE-26018

BENGOA INVESTMENT INC

RCE-26020

STANDARD BUILDERS SUPPLY INC

RCE-26021

BERKELEY BUILDING COMPANY INC

RCE-26032

SKINNER TANK COMPANY

RCE-26033

NORTEL NETWORKS INC

RCE-26036

SPACKMAN INDUSTRIES INC

RCE-26037

PINNACLE BUILDING AND REMODELING SERVICES

RCE-26041

LEXINGTON COMMERCIAL INC

RCE-26043

B & M CONSTRUCTION INC

RCE-26044

CHRISTOFFERSON COMMERCIAL BUILDERS INC

RCE-26045

NBC INC

RCE-26047

YOUNG PAINTING LLC

RCE-9787

B & G CONSTRUCTION

RCT-24565

FLORES VICTOR

RCT-25182

GARDNER DARIS

RCT-25831

LYNCH DAVID

RCT-25846

WILLIAMSON GARY

RCT-25870

BALAS JERRY

RCT-25892

CRIST JON

RCT-25907

BELNAP JEREMY

RCT-25908

FRESH MARDELL

RCT-25911

SWEET JONATHAN

RCT-25912

KARL JAMES

RCT-25913

HALE GERALD M

RCT-25919

BARRIA ANDRES

RCT-25922

MILLER SAMUEL A

RCT-25927

WHITE JUDY

RCT-25929

CHANDLER JOSEPH JAY

RCT-25931

BLACK HORACE

RCT-25932

CARVER ANGELA

RCT-25933

HARVEY JAMES

RCT-25934

DELONG JACOB

RCT-25938

CLARK PAUL

RCT-25941

GUYMON DARRELL

RCT-25949

NAVARRO WILLIAM T

RCT-25951

THOMPSON GREG

RCT-25957

ALLEN ROGER C

RCT-25968

ZOLMAN JAMES

RCT-25971

KELLOGG TIM

RCT-25974

WELCH DAVID J

RCT-25976

JADOT MATTHEW S

RCT-25978

WARREN CHRIS

RCT-25980

BROOKS BRADLEY

RCT-25981

MECHAM ROBERT

RCT-25983

MCNEILL JEFF

RCT-25987

FRONIO LOUIS

RCT-25988

HOYT BRIAN

RCT-25991

GREEN GRADY

RCT-25992

BEAUDOIN TIMOTHY

RCT-25998

HECKERT ROBERT

RCT-26000

ALT WILBERT

RCT-26003

MCDONALD MICHAEL

RCT-26005

DALEY JAMES

RCT-26010

GALIOTOS WILLIAM

RCT-26011

OLPS RD "RUSTY"

RCT-26012

SANDERS RICK

RCT-26017

GUENTHART TROY

RCT-26024

MARSHALL DANIEL L

RCT-26025

WARD MATTHEW

RCT-26027

BRAVO JAVIER

RCT-26029

KELLY DEAN

RCT-26038

ASSED EDWARD

RCT-26050

GROVER JAMES

RCE-24341

WESTERN FLOORING LLC

RCE-24831

GRANITE TRANSFORMATIONS OF SPOKANE

RCE-24888

ANDREW GEORGE CONSTRUCTION

RCE-24906

PRO COATS AND WALL COVERING

RCE-24997

ELOY AND SON LANDSCAPE CONSTRUCTION INC

RCE-25273

SURERUS INC

RCE-25329

GIFFORD WOOD FLOORING LLC

RCE-25557

BUDGET BLINDS OF N IDAHO INC

RCE-25570

VAZQUEZ DRYWALL

RCE-25762

CAPITOL CITY TILES MARBLE INC

RCE-25798

U.S.CONSTRUCTION & LANDSCAPING

RCE-25823

BOISE OFFICE CLEANING SERVICES

RCE-25824

PHAT KUTS LAWN AND LANDSCAPE

RCE-25852

PAINTING SPECIALIST INC

RCE-25854

FINE LINE ACQUISITIONS LLC

RCE-25865

DESIGN CRAFT HOMES LLC

 

Motion was made by Ms. Prather to approve the applications, with the exceptions made to the applications listed below.  Seconded by Mr. Elliott, motion carried.

 

The following application was tabled for further review:

 

901102496

 

The following is a list of applications that although approved, additional information in regard to their type of construction was requested:

 

901102550                901102563

901102569                901101815

901102620                901102543

 

The following is a list of applications that although approved, additional information in regard to their owner’s full names was requested:

 

901102681                901102367

901102675

 

The following is a list of applications that although approved, additional clarification of the business name was requested by the Board:

 

901102547                901102620

 

ADJOURNMENT

 

Meeting was adjourned at 1:15 P.M.  Motion to adjourn was made by Ms. Prather, seconded by Mr. Elliott.  Motion carried.

 

NEXT MEETING 7/22/2008