Marion County Board of County Commissioners Building Safety.. Licensing Marion Ocala, FL 34470 Phone: 352-438-2428 c;~l!nty Fax: 352-438-2430 2710 E. Silver Springs Blvd. Marion County License Review Board Minutes October 8, 2013 The monthly meeting of the Marion County License Review Board was held at 6:00 pm in the Growth Management Building, 2710 E Silver Springs Blvd, Ocala, FL 34470. Members Present: Members Absent: James Duryea (Chair), Roger Sandor (1 st Chair), Nancy Battin (2 nd Chair), James Curry, Robert Hillebrand, lee Kitzmiller, Keith Poole, James Ravencraft, John Seeber and Christopher Wynn Pamela A. Guenther and Jina Humphries Others Attending: Michelle Fanelli, Board Secretary, Dana Taylor, Senior Assistant County Attorney, David Galassi, Building Official and Douglas Newbanks, Building Inspector A motion was made and moved to approve the August 13, 2013 and September 10, 2013 minutes. LICENSE REVIEW OF CONTRACTORS: Incoming Contractors through Letter of Reciprocity: Lopez, Melvin Rios Registered Electrician Suazo, John Registered HVAC "B" Applicants to take Prometric Examination: Byron, George Carlton Doors, Windows & Siding LEINS FOR UNLICENSED & LICENSED CONTRACTORS: None 1
OLD BUSINESS: Investigator's Initials in (parenthesis) LRB 2013-41 Georgeann Guild vs. Richard Rayborn ISam's Mobile Home Service LLC Richard Rayborn and Attorney Frank Anderson were present and properly sworn in. Ms. Guild did not attend the meeting but was properly served. Attorney Frank Anderson stated that the case went to medication today, October 8, 2013 and the case has been scheduled for trial in November 2013. Moved and seconded to find that the License Review Board hereby finds as fact that Richard Rayborn did not act in a fashion which has reflected upon his competency as a contractor and to dismiss the case without prejudice. Motion passed unanimously. NEW BUSINESS: Investigator's Initials in (Parentheses) LRB 2013-36 Douglas Skinner vs. Andrew Nathan White I Blue Chip Energy LLC I Sun House Douglas Skinner was present and properly sworn in. Mr. Andrew Nathan White did not attend the meeting but was properly served. Mr. Skinner stated that he entered into a contract with Blue Chip Energy in September 2012 to install a solar energy system in his home. Mr. Skinner indicated that he began contacting Blue Chip in January of 2012 to find out when the solar system would be installed. In June 2012, Mr. Skinner was told that no work would be performed and that Blue Chip had filed for bankruptcy. Due to the mortg~ge taken out on the home to pay for the system, Mr. Skinner had to begin paying back the loan. Mr. White did contact Mr. Skinner but has not returned his money. Moved and seconded to find that the License Review Board hereby finds as fact that Andrew Nathan White!Blue Chip Energy LLC! Sun house did engage in dishonest trade practices by taking a deposit to install a solar system and not providing the service. Motion passed unanimously. Moved and seconded that the Board issue a letter of reprimand for the cited activity, direct the Marion County Building Official to withhold the issuance of any permits until restitution in the amount of $15,650.00 is paid and impose a fine in the amount of $5,000.00 for the cited activity. Motion passed unanimously. LRB 2013-37 Donald Eugene Willis I Willis Electric Inc vs. Marion County Building Safety I Licensing Division - Citation Appeal 697205 Donald Eugene Willis and David Galassi, Marion County Building Official were present and properly sworn in. Mr. Galassi stated that Mr. Willis was cited for wiring a well without a permit. Mr. Galassi indicated that although the contractor had applied for the permit, one was not issued prior to the commencement of the work. 2
Mr. Willis stated that this was only a $320.00 job. Mr. Willis said that he was trying to expedite the job and sent his permit runner to apply for permit while the work was being performed. Mr. Willis stated his permit runner, did not submit a site plan which held up the permit issuance for seven (7) days. Moved and seconded to deny the appeal on citation 697205 and reduce the fine to $250.00 if paid within thirty (30) days of the Board Order. Motion passed 5-4. LRB 2013-38 Aubrey Carl Munn II I Munn's Sales & Service Inc vs. Marion County Building Safety I Licensing Division - Citation Appeal 696695 Citation was paid. Moved and seconded to deny the appeal on citation 696695. Motion passed unanimously. LRB 2013-39 Thomas Harrison Lane I Energy Conservation Service of North Florida Inc. vs. Marion County Building Safety I Licensing Division - Citation Appeal 697296 Mr. lane has requested to postpone the case for ninety (90) days pending CllB decision Moved and seconded to postpone the case for ninety (90) days, until December 10, 2013 at 6:00 pm. Motion passed unanimously. NEW BUSINESS: Investigator's Initials in (Parentheses) LRB 2013-42 LRB 2013-43 LRB 2013-44 Vincent & Sharon Ritacco vs. Mitchell Varney I ABC Construction & Remodeling of Florida LLC Vincent & Sharon Ritacco vs. Brian Michael Wallace I Wallace Electric of Marion County LLC Vincent & Sharon Ritacco vs. Roger A. Pearce I Roger A. Pearce Installation LLC Mitchell D. Varney, Elaine Varney, Roger Pearce, Brian Wallace, Greg Wallace, Vincent Ritacco, Sharon Ritacco and David Galassi, Marion County Building Official were present and properly sworn in. Mr. Galassi, at the request of Mr. Ritacco, stated for the record that Chapter 1, Residential Division R1012.1 of the Florida Building Code shall govern the administration and enforcement of the Florida Building Code Residential. Mr. Galassi further indicated that Chapter 1, Section 105.1 of the Florida Building Code 2010, requires that any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure or erect, install, enlarge, alter, repair, remove, convert, or replace any impact resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. And that Chapter 1, Section 105.2.2, Minor Repairs, of the Florida Building Code 2010, states, ordinary minor repairs may be made with the approval of the building official without a,permit, provided the repairs do not include the cutting away of any wall, partition or portion thereof, the 3
removal or cutting away of any structural beam or load-bearing support, or the removal or change of any required means of egress. Mr. Galassi stated that this case was brought to the Building Department staffs attention by Mr. and Ms. Ritacco when they questioned why no inspections had been performed on their kitchen remodel. Mr. Wallace did obtain a permit for minor electric work, but did not list the specifics of what electrical was to be replaced or repaired. Mr. Peace did not obtain a permit for the plumbing that was to include a new water line in the bathroom and plumbing for the dishwasher and disposals. Mr. Galassi indicated that both the electrician and the plumber had contracted directly with Mr. Varney, who did not obtain a remodel permit that would have included the electric and plumbing. A permit has since been issued (September 26, 2013) and now revoked until further permit information has been submitted. Mr. Ritacco stated that the renovation was extensive and that there was not supervision on the job. The kitchen was demolished and a pantry wall was removed. Mr. Varney stated that kitchen remodels have never been required to be permitted and that he has been doing kitchen remodels for a long time. Mr. Varney said the bathroom remodel only consisted of removing replacing the control valve and tile. Mr. Varney said he disagrees with the amount of permits and inspections that are required by the building department. Mr. Varney stated that although Mr. Galassi sites the code, he feels that it is extreme and to follow the Building Code's literal interpretation every contractor in Marion County would require a permit for everything. Mr. Varney stated he hired all licensed contractors to work on the job. Mrs. Varney stated they did not remove all of the drywall and she was not sure if Kenny Stewart, their drywall contractor, pulled it out. Mr. Wallace stated that he feels that the electric work his company completed should have not required a rough-in inspection. Mr. Pearce stated he was contacted by Mr. Varney to do the plumbing work. Mr. Pearce stated he contracted directly with Mr. Varney and he assumed the job would have been permitted. Moved and seconded to postpone the case for sixty (60) days, until December 10, 2013 @ 6:00 pm. Motion passed 8-1. LRB 2013-43 Vincent & Sharon Ritacco vs. Brian Michael Wallace I Wallace Electric of Marion County LLC This case was heard with LRB 2013-42, see above. Moved and seconded to find that the License Review Board hereby finds as fact that Brian Wallace did not act in a fashion which reflects upon his competency as a contractor and therefore move the case be dismissed without prejudice. Motion passed 8-1. LRB 2013-44 Vincent & Sharon Ritacco vs. Roger A. Pearce I Roger A. Pearce Installation LLC This case was heard with LRB 2013-42, see above. 4
" Moved and seconded to find that the License Review Board hereby finds as fact that Roger A. Pearce did not act in a fashion which reflects upon his competency as a contractor and therefore move the case be dismissed without prejudice. Motion passed 8-1. LRB 2013-45 Nolan Avery I Avery AC Repair LLC vs. Marion County Building Safety I Licensing Division - Appeal Citations Attorney George Harder, Nolan Avery and David Galassi, Marion County Building Official and Doug Newbanks, Building Inspector were present and properly sworn in. Mr. Galassi stated that there are many citations for work without permits. Nolan Avery, Avery AlC Repair LLC, performed many air-conditioning repairs and change outs of HVAC systems without the required HVAC license or permits. Mr. Galassi notified the Board that there was a spreadsheet in their packets, with invoices and cancelled checks, showing multiple locations where HVAC work was performed from November 2012 to May 2013. He also indicated that there are ninety-seven (97) citations totally $48,250.00 for work performed by Mr. Nolan for Serenity Homes apartment complex. Mr. Galassi stated that Avery AlC Repair LLC was found working in Serenity Homes apartment complex two (2) weeks after being cited for unlicensed HVAC activity. Mr. Galassi informed the Board that to date no permits or inspections have been obtained or performed for any of the citation sites. Mr. Galassi stated that Mr. Guzman, who is no longer the manager of the complex, gave the Building Department all the information needed to show that Mr. Avery was the unlicensed contractor on the jobs. Building Inspector, Doug Newbanks, stated on Saturday, August 3, 2013, he witnessed the Avery AlC Repair truck and trailer parked in Serenity Homes complex. Mr. Galassi indicated John Avery, Nolan Avery's brother, has registered with Marion County in an effort to "clean up" the unpermitted work. Mr. Harder stated that Mr. Avery was a sub-contractor to the general contractor, the property manager, and was requested by the property manager not to pull permits. Mr. Harder informed the Board that Mr. Avery is working under the contract of Rodney Thomas, A&R Air Conditioning & Refrigeration Inc., CAC1816662, and that Mr. Avery was an employee of A & R. Although they did separate, Mr. Avery and Mr. Thomas agreed that Mr. Avery could work under his license as a partnership. Mr. Harder argued that since the complex manager is no longer the manager and that he is the one that reported the unlicensed activity, the citations are invalid. County Attorney, Dana Taylor, stated the citations are valid. Moved and seconded to find that the License Review Board hereby finds as fact to deny the appeal on all ninety-seven (97) citations. Motion passed unanimously. LRB 2013-46 Marion County Building Safety I Licensing Division vs. Joseph Houston Erwin The Contractor is in compliance; therefore, the Building Department requests the case be withdrawn. Moved and seconded to find that the License Review Board hereby finds as fact that the complaint has been withdrawn by the Building Department's action is to dismiss the case without prejudice. Motion passed unanimously. 5
LRB 2013-47 Mitchell Varney I ABC Construction & Remodeling of Florida LLC Marion County Building Safety I licensing Division - Appeal 697705 Mitchell D. Varney and David Galassi, Marion County Building Official were present and properly sworn in. Mr. Galassi informed the Board that Mitchell Varney, ABC Construction & Remodeling of Florida LLC, did enter into a contract with Vincent and Sharon Ritacco to provide general contracting services. He billed the Riaccos and received payment to provide electrical work, which was performed by Wallace Electric of Marion County LLC, and Roger A. Pearce Installation LLC, for electrical and plumbing work respectively. Payments were made by the owner to ABC not to the sub-contractors. Although a permit was issued to the electrical contractor, Wallace, who was subsequently cited for falsifying a permit application, no inspections were requested or performed. Neither Mr. Varney nor Mr. Pearce received a permit for the work they performed. The required inspections for the work in both the kitchen and bathroom would have included the following inspections: all trades rough, insulation and all trades final. Mr. Galassi indicated that based on the photos provided to him by the concerned homeowners that the work performed would require a permit. Mr. Galassi indicated that both the electrician and the plumber had contracted directly with Mr. Varney, who did not obtain a remodel permit that would have included the electric and plumbing. A permit has since been issued (September 26, 2013) and now revoked until further permit information has been submitted. Mr. Galassi stated that he had consulted with two other Building Officials who also determined that a permit was required based upon the documentation presented. Mr. Varney stated that Florida Statue 553 says that no changes or renovation, repairs, modification or alterations may be done to any building in the state of Florida without a permit. Mr. Varney stated based upon that statement that no painter can paint or handyman change out an outlet. Mr. Varney stated that however if you apply that to the CSI definition and AlA contracts that it has more to do with the structural building and not the interior building and minimum electric and minimum plumbing which requires a general contractor to obtain a permit. Mr. Varney also stated that he is well aware of building code changes. Mr. Varney indicated that the complaint came from a disgruntle customer that still owes him money. Moved and seconded to grant the appeal on citation 697705. Motion passed 6-3 LRB 2013-48 Brian Michael Wallace I Wallace Electric of Marion County LLC vs. Marion County Building Safety I Licensing Division - Appeal 697719 The Building Department has requested the citation appeal be granted Moved and seconded to grant the appeal on citation 697719. Motion passed unanimously. 6
,.. OTHER BUSINESS: Elections of new officers: Moved and seconded to keep James Duryea (Chair), Roger Sandor (1 st Chair), Nancy Battin (2 nd Chair). Motion passed unanimously. With there being no further business, the meeting adjourned at 9:28 pm. The next scheduled meeting will be Tuesday, November 12, 2013 at 6:00 pm. Michelle Fanelli, Secretary cc: Marion County Board of County Commissioners - Assistant County Attorney Marion County Building Department Records Marion County Board of County Commissioners Records Clerk 7