Contractor's Licensing Board and Registration

CITY OF HOBART CONTRACTOR’S LICENSING BOARD Meeting Minutes – September 24, 2014 at 6:00pm Mr. Phil Gralik calls the meeting to order at 6pm. Roll Call: Members in attendance were: Mr. Phil Gralik, Mr. Dan Waldrop, Mr. Dave Soderquist Mr. Owen Stephens, Mr. John Brezik, and Mr. Pete Mendez. Also in attendance were Mr. Mike Hannigan, Building Official, and Toni Chitwood, Licensing Board Secretary. Let the record show that the following Board members were not present: Mr. George Rainey. Mr. Gralik initiated the recitation of the Pledge of Allegiance. Approval of Minutes: Mr. Stephens motioned to approve the minutes as presented, seconded by Mr. Brezik. All ayes, motion carried. (6-0) Communications/Acceptance of Agenda: Mr. Brezik motioned to accept the agenda as presented, seconded by Mr. Soderquist. All ayes, motion carried. (6-0) OLD BUSINESS: 2014-04A: MCS Electric – Norma Smith Violation: Performing work without the proper Contractor’s licensing. Performing work without the proper permits. Purpose: Required to appear before the Contractor’s Licensing Board. Mr. Hannigan stated the complaint was originally filed by Mr. Hans Koch, Electrical Inspector. Mr. Koch addressed the Board and explained that the contractor, MCS Electric, was licensed and did obtain the required permits for cell tower work at 337 Liverpool Road, Hobart; however, there was also another electrical contractor onsite who was not licensed and did not obtain permits for any work that they performed. Mr. Michael Smith was present on behalf of MCS Electric and addressed the Board. He explained that the other contractor was New Kirk Electric and that it is his understanding that they were required to be onsite under their agreement with AT&T for the purpose of monitoring the job. Mr. Smith stated that his company did the work they were hired to do and he did not hire New Kirk for any work. Mr. Koch stated that when he arrived at the job site he observed New Kirk doing work. Mr. Smith stated that he had no knowledge of any work they did as he was not on site at the time they were there. He explained that he, in fact, was hired by New Kirk and received payment from them. He also stated that Hans approved the inspection of the work done by MCS Electric. Mr. Waldrop asked 1 if New Kirk was supposed to deliver equipment and not perform work, to which Mr. Smith stated that was correct. However, he also said that he was not responsible for delivering the package of equipment which included setting the generator in place and that New Kirk did perform some work outside of the job that MCS was hired to do. Mr. Gralik asked Mr. Smith to provide a copy of the invoice proving he was paid by New Kirk for the job, to which he supplied a copy for the Board to review. Mr. Soderquist noted that the hired electrical contractor is responsible to set and hook up the generator. Mr. Brezik stated that it did not appear MCS was in violation of any ordinances or codes and motioned to dismiss the charges against them, seconded by Mr. Stephens. All ayes, motion carried. (6-0) 2014-04B: New Kirk Electric Violation: Performing work without the proper Contractor’s licensing. Performing work without the proper permits. Purpose: Required to appear before the Contractor’s Licensing Board. A representative from New Kirk was not present at the meeting. After much discussion during the prior case 2014-04A, the Board agreed, with the testimony of Mike Smith with MCS Electric, that New Kirk was in violation of the City of Hobart ordinances and codes. Mr. Brezik motioned to fine New Kirk Electric $2500.00 for performing work without a license, $300.00 for performing work without the proper permits, and $300.00 for failure to appear before the Contractor’s Licensing Board. The total fines assessed are $3100.00. The motion was seconded by Mr. Waldrop. All ayes, motion carried. (6-0) NEW BUSINESS: 2014-06: Bewley’s Tax Service – Daniel Bewley Violation: Performing work without the proper Contractor’s licensing. Performing work without the proper permits. Purpose: Required to appear before the Contractor’s Licensing Board. Mr. Hannigan stated that Daniel Bewley opened his tax service business at 318 Main Street and 320 Main Street prior to obtaining a Certificate of Occupancy as required by the City of Hobart. Mr. Bewley was not present at the meeting. Mr. Hannigan stated that he stopped in at the business to notify them of this requirement and noted that an access archway had been cut between the two units to combine them and that it had been cut through a load bearing wall. Upon Mr. Hannigan’s request, Mr. Bewley came in to the Building Department and stated at that time that he and a friend had performed the work. He was instructed to obtain a licensed contractor to assess the work, obtain the proper permits and have the required inspections. He hired Denny Koesters with Ginter Homes to perform the work; however, after several attempts, Mr. Koesters was never able assess the property. Mr. Hannigan stated that Mr. Bewley then 2 vacated the property and the required permits and inspections were never obtained. Mr. Waldrop noted that this became a matter of public safety. The Board agreed. Mr. Waldrop motioned to fine Mr. Bewley, and Bewley’s Tax Service, $2500.00 for acting as a contractor without a license, $300.00 for performing work without the proper permits, $300.00 for failure to appear before the Contractor’s Licensing Board, and $300.00 for failure to request the required inspections. The total fines assessed are $3400.00. The motion was seconded by Mr. Brezik. All ayes, motion carried. (6-0) 2014-07: Doppler Construction – John Doppler Violation: Performing work in a non-workmanlike manner. Purpose: Required to appear before the Contractor’s Licensing Board. Mr. Hannigan stated that Doppler Construction obtained a permit to demolish the property located at 3744 West 39th Avenue. He stated that the application notes where utilities need to be properly disconnected. He received a call from NIPSCO asking him to meet him at the property as soon as possible because the house had been demolished without properly disconnecting the electric and gas. Mr. Hannigan went to the property and an excavator working for Doppler Construction was on site. He had him stop any further work at that time. The gentleman explained to Mr. Hannigan that the electric had, in fact, been disconnected at the pole and the gas regulator had been shut off, the meter was disconnected and that he made sure not to disturb any gas lines on the property. Shortly after Mr. Hannigan’s arrival at the site, NIPSCO arrived and shut off and removed the regulator in the ground. A representative from NIPSCO came into Mr. Hannigan’s office a couple of days later to discuss the dangers of demolishing a property without properly disconnecting the utilities. Mr. Waldrop stated that there was now a matter of defining the meaning on the City’s demolition permit application of “properly disconnecting” the utilities. Mr. John Doppler, of Doppler Construction and his subcontractor Mr. Ken Ziese, of Ziese & Sons Excavating, were present and addressed the Board. Mr. Doppler stated that his company had made several calls to schedule NIPSCO to disconnect utilities at the site and they were told by NIPSCO that it had been done. Two days later he received another call from NIPSCO stating that it had not been done. He stated that when his company started work they believed the service had been terminated. Mr. Hannigan noted that the house had been vacant for almost five years. Mr. Ziese stated that the utilities had been disconnected for some time; however, the service had not been “terminated” and the wires were left at the pole, the meter was intact, and the regulator was sticking out of the ground. Mr. Brezik pointed out that part of the complaint was also for not requesting the required inspections from the City. Mr. Hannigan noted that the final backfill inspection was done; however, the Hobart Sanitary District was not contacted to plug the sewer line and inspect. After much discussion, the Board agreed that some additional confusion came into the scenario due to NIPSCO requirements. Mr. Waldrop motioned to fine Doppler Construction $300.00 for performing work in a non-workmanlike manner and suspending the 3 fine pending no further violations for two years. The motion was seconded by Mr. Brezik. All ayes, motion carried. (6-0) Mr. Waldrop asked Mr. Hannigan to work with NIPSCO to get the definition of properly disconnecting the utilities. Mr. Hannigan agreed to contact them for additional information. Mr. Soderquist requested that demolition application note where the utilities are being disconnected and/or terminated, ie: at the street or at the house. Mr. Hannigan agreed to work on revising the demolition application. 2014-08: T-Squared Construction – Tommy Potts Violation: Performing work without the proper Contractor’s licensing. Performing work without the proper permits. Purpose: Required to appear before the Contractor’s Licensing Board. Randy Thomas, homeowner of 836 Lake Street, Hobart, IN, was present and addressed the Board. Mr. Thomas stated that he obtained a permit to do some drywall work and minor remodeling to his home. Once he started he decided to do additional work and add a bathroom and rearrange the bedrooms. He hired an acquaintance, Tommy Potts of T-Squared Construction, to help with the larger project. Mr. Thomas stated that Mr. Potts told him to renew his permit for the original minor remodel, so he did so. He signed a contract with Mr. Potts and gave him a down payment. The work was to include carpentry, plumbing, and electrical. Some minor work was completed by Mr. Potts and he asked for the next installment. After Mr. Thomas noticed that work was not being completed in a timely manner, he refused additional payments and Mr. Potts walked off the job. Mr. Potts was present and addressed the Board. He stated that he was not a licensed contractor and only did smaller jobs as a subcontractor, none of which have been in the City of Hobart. He stated that he is trying to start his own business and a family friend asked him to help finish Mr. Thomas’ job. Mr. Stephens asked Mr. Potts if his intention was to complete the job which included framing, electrical, and plumbing. Mr. Potts replied yes. He believed he could work under a permit pulled by someone else and did not need his own permit. Mr. Waldrop summarized that Mr. Potts had admitted to being contracted to do work and provided a signed contract for the work; therefore, he acted as contractor. Mr. Gralik pointed out that entering into a contract is, in itself, a violation. After additional discussion, Mr. Waldrop motioned to fine Mr. Potts, and T- Squared Construction as follows: $750.00 for acting as a general contractor without license, $750.00 for acting as an electrical contractor without a license, $750.00 for acting as a plumbing contractor without a license, $300.00 for working without the proper building permit, $300.00 for working without the proper electrical permit, $300.00 for working without the proper plumbing permit. The total fines assessed are $3150.00 to be paid within 30 days. The motion was seconded by Mr. Mendez. All ayes, motion carried. (6-0) 4  2014-09: Action’s Tree Service – Carl Palmer & Jack Mohoi Violation: Performing work without the proper Contractor’s licensing. Purpose: Required to appear before the Contractor’s Licensing Board. Mr. Hannigan stated that Action’s Tree Service contacted him and asked to be tabled to the next meeting scheduled to be held on January 28, 2015. Mr. Stephens motioned to table case 2014- 09, seconded by Mr. Mendez. All ayes, motion carried. (6-0) 2014-10: Tim’s Electrical Service – Tim Hodges Violation: Performing work without the proper permits. Purpose: Required to appear before the Contractor’s Licensing Board. Mr. Hannigan stated that the complaint was placed by City of Hobart Electrical Inspector, Hans Koch. Mr. Koch was present and addressed the Board. He stated that, during a building inspection at 620 Spencer Place, City of Hobart Building Inspector, Bob Null, noted that electrical had been done. It was determined that the work was done by Tim Hodges of Tim’s Electrical Service, and a permit had not been obtained. Mr. Hodges was present and addressed the Board. He stated he was contacted by a general contractor to assess the job and when he arrived electrical work had already been done by someone else. There was an exposed box so he put a cover on it. He was then asked to do additional work and did come into the Building Department to obtain a permit. Mr. Null noted that during his final inspection the additional work had already been completed. He contacted Mr. Koch to see if permits were pulled and they were not. Mr. Hodges presented three permits for work he did at that address. Mr. Waldrop asked if Mr. Hodges has been fined by the City in the past to which it was determined he had been fined in 2011 for working without a permit. After additional discussion, Mr. Brezik motioned to fine Mr. Hodges, and Tim’s Electrical Service, $300.00 for working without a permit, to be paid within 30 days. The motion was seconded by Mr. Soderquist. All ayes, motion carried. (6-0) 2014-11: Glenwood Properties, LLC – Joe Gore Violation: Performing work without the proper Contractor’s licensing. Performing work without the proper permits or insurance coverages. Purpose: Required to appear before the Contractor’s Licensing Board. Mr. Bob Null, City of Hobart Building Inspector addressed the Board. He stated that a roof was being done by Glenwood Properties at the property located at 400 North Union Street and workers were on the job site. Mr. Joe Gore, of Glenwood Properties, did not have a valid license at the time due to improper insurance coverages as his State of Indiana worker’s 5 compensation waiver was expired and he had not provided proof of worker’s compensation insurance coverage. Mr. Gore was not present at the meeting and the Building Department did not received the certified mail return receipt sent with the letter to appear. Mr. Hannigan noted that the City of Hobart ordinance requires that the proper insurance coverages are provided for all contractors licensed within the City. He also noted that Mr. Gore has appeared before the Contractor’s Licensing Board in the past. Mr. Soderquist motioned to fine Glenwood Properties, LLC $2500.00 for working without a license due to missing licensing requirements, and $300.00 for working without a permit, for a total due of $2800.00 to be paid within 30 days. The motion was seconded by Mr. Brezik. All ayes, motion carried. (6-0) 2014-12: Kopton Electric Company – Yvonne Kopton Violation: Performing work without the proper permits. Purpose: Required to appear before the Contractor’s Licensing Board. Mr. Hannigan stated that the complaint was placed by City of Hobart Fire Inspector, Joshua Magner. Mr. Magner was present and addressed the Board. He stated that during a routine fire inspection he noted extension cords that were being used were in violation. When he returned several outlets had been added to alleviate the problem. Mr. Magner asked who had done the work and was told Kopton Electric. It was determined that no permits were pulled for the work. John Kopton, with Kopton Electric was present and addressed the Board. He stated that he believed there was a misunderstanding and that after 26 years of business he cannot recall even receiving a red tag prior to this. He explained that his company obtained permits for other electrical work that was being done on the jobsite at the same time and this work was added on after the fire inspection. Mr. Hannigan explained that the permits are issued based on the initial scope of work that was provided to the Building Department. If there are any changes to those plans a scope of the new work must be submitted and additional permits may be required. After much discussion, Mr. Brezik motioned to fine $200.00 for working without a permit and suspending the fine pending no further violations for two years. The motion was seconded by Mr. Waldrop. All ayes, motion carried. (6-0) 2014-13: TKO Construction – John Fleming Violation: Performing work without the proper approval to pave a City easement. Performing work without the proper permits. Purpose: Required to appear before the Contractor’s Licensing Board. Mr. Hannigan stated that the complaint was placed by City of Hobart Building Inspector, Bob Null. Mr. Null was present and addressed the Board. He stated that he received a complaint that paving was being done by TKO Construction on a City easement at 611 South Washington Street, Hobart. It was determined that a permit had not been issued for the work. Mr. Null informed the homeowner that proper City approval and permitting is required for paving a City 6 easement. Mr. Hannigan noted that, since being informed of these requirements, Mr. Fleming, with TKO Construction, and the homeowner have now appeared before the Board of Works and received their approval and that the proper permit has now been obtained. Mr. Fleming was present and addressed the Board. He stated that the day the work was done he had an extra load of asphalt at the end of the day so he called the homeowner, who is a friend, and asked if he needed his gravel parking area paved so he didn’t waste the load. He stated he knew a permit was required. After much discussion, Mr. Brezik motioned to fine TKO Construction $200.00 for working without the proper permit, to be paid within 30 days. The motion was seconded by Mr. Waldrop. All ayes, motion carried. (6-0) 2014-14: Northwest Indiana Fence Co – Damon Colby Violation: Performing work without the proper permits. Performing work in a non-workmanlike manner. Purpose: Required to appear before the Contractor’s Licensing Board. Mr. Hannigan stated that the complaint was placed by City of Hobart Fire Inspector, Joshua Magner. Mr. Magner was present and addressed the Board. He stated that the Hobart Fire Department received a call regarding a gas leak at the future location of Richard’s Building Supply located at 4150 E Lincoln Highway, Merrillville. Upon arrival he noted that Northwest Indiana Fence was installing a fence without the required permits and had struck a gas line while doing so. It was also determined that the contractor had not called for locates. Mr. Damon Colby, owner of Northwest Indiana Fence, was present and addressed the Board. He stated that he was hired by Richard’s Building Supply to install a fence and was under the impression that the building owner had called for locates and obtained the permits. He also explained that he had experienced workers on the jobsite, but they did not follow protocol and continued working after realizing locates were not marked. Mr. Gralik noted that a contractor should always make it their responsibility to call for locates, even if they think they were already ordered. Mr. Colby agreed and said he will make a part of protocol for now on. Mr. Hannigan noted that Northwest Indiana Fence Co. has been warned in the past for working without obtaining the proper permits on at least two other occasions. After much discussion, Mr. Brezik motioned to fine Northwest Indiana Fence Co. $300.00 for working without a permit and $300.00 for will-full violation of construction code, for a total fine of $600.00, to be paid within 30 days. The motion was seconded by Mr. Mendez. All ayes, motion carried. (6-0) After the motion, Mr. Gralik noted that the Board has the right to revoke a contractor’s license if there is a will-full and/or deliberate violation of code. FURTHER DISCUSSION: Mr. Gralik requested a motion to adjourn the meeting. Mr. Brezik made the motion to adjourn, seconded by Mr. Stephens. All ayes, meeting adjourned. (6-0) 7