RECORD OF PROCEEDINGS MINUTES OF THE COLORADO STATE ELECTRICAL BOARD MEETING HELD AT 1560 BROADWAY, STE 1250-C, DENVER, COLORADO ON MONDAY, MARCH 28, 2016 The meeting of the Board was publicly noticed according to the Division of Professions and Occupations’ Policy 80–17. I

MEETING - CALL TO ORDER Board Chair John T. McCord called the meeting to order at 9:02 a.m.

II

RECOGNITION OF MEMBERS PRESENT John T. McCord, III Master Electrician, Chair James E. Dent Electrical Contractor, Vice Chair Joseph Badaracco Journeyman Electrician David Olson Public Member Scott Pandy General Contractor Gary Lakey Electrical Utilities Nancy K. White Public Member, Secretary MEMBERS ABSENT Carol Pafford Michael Miller

Building Official Electrical Contractor w/ Master’s License

OTHERS PRESENT Mark Browne Kye Lehr Prasanthi Paritala Dennis Rhodes Dennis Larson Jennifer Pankoski Robert Brant III

Program Director Chief Inspector Assistant Attorney General Office of Expedited Settlement Enforcement Unit Supervisor Enforcement Unit Specialist Electrical Inspector Supervisor

PREVIOUS BOARD MEETING MINUTES A motion was made, seconded and carried to approve the minutes of the January 25, 2016 meeting.

IV

REPORTS FOR BOARD REVIEW A. Review of Report of Final Agency Actions Cease and Desist Orders (CDO) 1. Ryan Blackwelder 2. Jason Trounce 3. Town of Vail 4. Brian L. Gassman 5. Frank Goodard 6. M&G Electric

March 28, 2016

State Electrical Board

Page 1

RECORD OF PROCEEDINGS Stipulations, Final Agency Orders, and Board Orders 1. Harlen R. Garcia II 2. Fernando Torres 3. Pagett Electric Company 4. Brett Louis Burrell 5. Celine Electric LLC 6. K&M Electric Citations 1. Aaron M. Smith Letter of Admonition 1. Chris R. Garcia 2. Yance David Yates 3. Travis Crozier 4. Arthuro E. Munoz Voluntary Surrender 1. Joel M. Chandler Revocation 1. Jeremy D. Garcia Stayed Suspension 1. Michael E. Brecht A Motion was made, seconded, and carried to ratify the report. B. License and Registration Report The Board reviewed the report of active licenses and registrations with no action taken. V

STAFF COMMENTS Program Director – Mr. Mark Browne Program Director Mark Browne discussed the 2016 Legislative Session. Mr. Browne also discussed the increase in permit fees effective April 1st. Chief Inspector – Mr. Kye Lehr Mr. Lehr updated the Board on current recruitment efforts to fill the inspector position on the Western Slope.

VI

REVIEW OF BOARD BUSINESS A. Initial Decision Business: Summary:

March 28, 2016

Scott A. Bamfield, JW.101643 The Board reviewed the Administrative Law Judge’s (ALJ) Initial Decision in the matter of disciplinary proceedings concerning the journeyman’s electrician’s license of Scott A. Bamfield. Mr. Bamfield did not appear before the ALJ or the Board. State Electrical Board

Page 2

RECORD OF PROCEEDINGS Action:

A motion was made, seconded, and carried to reject the hearing of oral arguments. A motion was made, seconded, and carried to accept all the Findings of Fact. A motion was made, seconded, and carried to accept all the Conclusions of Law. A motion was made, seconded, and carried to accept the recommended sanction. A motion was made, seconded, and carried to direct disciplinary counsel to prepare the Final Agency Order by April 6, 2016

Business: Summary:

Travis G. Fanatia, JW.112493 The Board reviewed the Administrative Law Judge’s (ALJ) Initial Decision in the matter of disciplinary proceedings concerning the journeyman’s electrician’s license of Travis G. Fanatia. Mr. Fanatia did not appear before the ALJ or the Board. A motion was made, seconded, and carried to reject the hearing of oral arguments. A motion was made, seconded, and carried to accept all the Findings of Fact. A motion was made, seconded, and carried to accept all the Conclusions of Law. A motion was made, seconded, and carried to accept the recommended sanction. A motion was made, seconded, and carried to direct disciplinary counsel to prepare the Final Agency Order by April 6, 2016

Action:

Business: Summary:

Action:

Michael Lee Holloway, JW.3000071 The Board reviewed the Administrative Law Judge’s (ALJ) Initial Decision in the matter of disciplinary proceedings concerning the journeyman’s electrician’s license of Michael Lee Holloway. Mr. Holloway did not appear before the ALJ or the Board. Mr. Holloway has not responded to the complaint. A motion was made, seconded, and carried to reject the hearing of oral arguments. A motion was made, seconded, and carried to accept all the Findings of Fact. A motion was made, seconded, and carried to accept all the Conclusions of Law. A motion was made, seconded, and carried to accept the recommended sanction. A motion was made, seconded, and carried to direct disciplinary counsel to prepare the Final Agency Order by April 6, 2016

B. Hearing to Show Cause Business: Town of Windsor Case No: 2015-4978 Summary: At the November 23, 2015 meeting, the Board issued an Order to Show Cause against the Town of Windsor based on the belief that inspections were performed by an inspector who did not possess the required qualifications to perform those inspections. Ian D. McCargar, Town Attorney, presented information supporting that the inspections in question were not performed in the Town of Windsor. March 28, 2016

State Electrical Board

Page 3

RECORD OF PROCEEDINGS Action: A motion was made, seconded, and carried to vacate the Show Cause Hearing and dismiss the complaint against the Town of Windsor. Business: SAFEbuilt, Colorado Case No: 2015-4977 Summary: At the November 23, 2015 meeting, the Board issued an Order to Show Cause to SAFEbuilt, Colorado (SAFEbuilt) for hiring unlicensed/unqualified individuals to act as electrical inspectors. At the January 25, 2016 meeting, the Board issued a Hearing to Show Cause to determine whether a cease and desist order should be issued to SAFEbuilt. Assistant Attorney General Prasanthi Paritala has effected a stipulation with SAFEbuilt on behalf of the Board. Action: A motion was made, seconded, and carried to vacate the Show Cause Hearing and dismiss the complaint against the SAFEbuilt, Colorado C. Variance Request The following variance requests were submitted to the Board. In accordance with §12-58104.5(4), C.R.S., the Board is authorized to review and approve or disapprove requests for exceptions to the code in unique construction situations where a strict interpretation of the code would result in unreasonable operational conditions or unreasonable economic burdens as long as public safety is not compromised. Business: DSC Montessori Middle School, Castle Pines, Colorado Summary: DLH Architecture requested a variance to Article 500.5A, 500.5(C)(2) and 500.5(D), 503.125 Exc., 503.145 Exc. And NFPA 499 Section 5.4.1. NEC 2014 for the declassification of the woodworking facility located at DCS Montessori Middle Drive, 241 Max Street, Castle Pines, Colorado from a Class III, Division 1 requirement to an unclassified area. Action: A motion was made, seconded and carried to grant this variance as the Board finds that: 1. The school district requires the woodshop instructor to maintain good housekeeping practices to maintain the original integrity of electrical components. 2. Under the circumstances stated in the 2014 edition of NFPA 499 Article 5.4.1(5) and (6) allows for such installations to be unclassified. 3. The Board is in receipt of a letter of concurrence from the Fire Department to declassify the woodshop. Additional requirements/provisions to the variance: 1. The woodshop shall be built as designed using listed equipment. 2. The instructional woodshop, as designed, shall contain a wood dust collection system. Business: Fort Morgan Middle School, Fort Morgan, Colorado Summary: Weifield Group Contracting LLC requested a variance to Article 500.5A, 500.5(C)(2) and 500.5(D), 503.125 Exc., 503.145 Exc. And NFPA 499 Section 5.4.1. NEC 2014 for the declassification of the woodworking facility located at Fort Morgan Middle School, 16448 S West Street, Fort Morgan, Colorado from a Class III, Division 1 requirement to an unclassified area. March 28, 2016

State Electrical Board

Page 4

RECORD OF PROCEEDINGS

Action: A motion was made, seconded and carried to grant this variance as the Board finds that: 1. The school district requires the woodshop instructor to maintain good housekeeping practices to maintain the original integrity of electrical components. 2. Under the circumstances stated in the 2014 edition of NFPA 499 Article 5.4.1(5) and (6) allows for such installations to be unclassified. 3. The Board is in receipt of a letter of concurrence from the Fire Department to declassify the woodshop. Additional requirements/provisions to the variance: 1. The woodshop shall be built as designed using listed equipment. 2. The instructional woodshop, as designed, shall contain a wood dust collection system. D. Complaints Review Business: James Billings, ME.25233 Case No: 2015-5144 Summary: On December 22, 2015, Board staff received a complaint from Joaquin Dupont alleging that James P. Billings refused to provide an experience verification letter or an affidavit of hours for time worked with his company, Billings Electric. On January 22, 2016, board staff Administratively Dismissed the case. Kye Lehr, Chief Inspector requested that Board staff re-opened this case based on Board Rule 3.1 - 3.2, Apprentice Registration and Recordkeeping. Action: A motion was made, seconded, and carried to re-initiate the complaint to Billings Electric EC and James Billings, Master Electrician. Business: Wayne Bevins, ME 4743 Case No.: 2016-723 Summary: The Board initiated a complaint against Wayne Bevins, ME for performing electrical work under a homeowner permit. The Board reviewed Mr. Bevins’ response to the complaint. Action: A motion was made, seconded, and carried to refer to executive session for possible discipline. After discussing in executive session a motion was made, seconded and carried to refer this case to Expedited Settlement for discipline. Business: Tri R Electrical Inc., EC.100114 Case No.: 2016-722 Summary: The Board initiated a complaint against Tri R Electric, EC for performing electrical work under a homeowner permit. The Board reviewed the response from Mr. Michael J. Geier, APE, on behalf of Tri R Electric. Action: A motion was made, seconded, and carried to refer to executive session for possible discipline. After discussing in executive session a motion was made, seconded and carried to refer this case to Expedited Settlement for discipline.

March 28, 2016

State Electrical Board

Page 5

RECORD OF PROCEEDINGS Business: Paul D Easley, ME.25598 Case No.: 2015-5132 Summary: This complaint alleges that Paul D Easley failed to supervise the apprentice that performed electrical work at the job at issue. The Board reviewed Mr. Easley’s response to the complaint. Action: A motion was made, seconded, and carried to refer this matter to executive session for possible discipline. In addition, the Board initiated complaint against Japrqu Inc. for failure of an electrical contractor to register an apprentice. Business: Electrical & Lighting Services, EC.3968 Case No.: 2015-4957 Summary: The Board initiated a complaint against Electrical & Lighting Services for failure to meet the generally accepted standards of the electrical practice and complete the electrical work at the job at issue. The Board reviewed Mr. Engle’s response to the complaint. Action: A motion was made, seconded, and carried to refer this matter to executive session for possible discipline. After discussion in executive session, a motion was made, seconded, and carried in open session to issue a Letter of Admonition to Electrical & Lighting Services for failure to meet the generally accepted standards of the electrical practice and complete the electrical work at the job at issue. Business: Master Handyman General Contractor, LLC, unregistered Case No.: 2015-4067 Summary: This complaint received from the Plumbing Board alleges that Master Handyman General Contractor, LLC is advertising on a business card offering to perform electrical contracting services to the general public without the required electrical contractor registration. The Board had issued a Cease and Desist Order to the respondent in December of 2013 for the same violation. Master Handyman General Contractor, LLC has not responded to the complaint. Action: A motion was made, seconded, and carried to refer this matter to Office of the Attorney General for an injunction. Business: Diego Fernando Osorio, Cancelled APE.28252 Case No.: 2015-5130 Summary: This complaint alleges that Diego F. Osorio advertised on a business card and offered to perform electrical contracting services without the required licensure and contractor registration. The Board reviewed Mr. Osorio’s response to the complaint. Action: A motion was made, seconded, and carried to refer this matter to executive session for possible discipline. A motion was made, seconded, and carried to issue a Cease and Desist Order for performing electrical contractor services without the required registration. Business: Raisley Electric, EC.4593 Case No.: 2015-4991 Summary: This complaint alleges that Raisley Electric failed to obtain a permit and inspections. The Board reviewed Mr. Raisley’s response to the complaint. Action: A motion was made, seconded, and carried to refer this matter to Expedited Settlement for discipline.

March 28, 2016

State Electrical Board

Page 6

RECORD OF PROCEEDINGS E. Request for Board Direction Business: City and County of Denver Summary: Scott Prisco, Building Official for the City and County of Denver, has submitted a request for clarification regarding 2014 NEC 690.47(D). The City and County of Denver wishes to eliminate 2014 NEC 690.47(D) from its standards, and wants to know if the Board would consider this to be less stringent than the standards adopted by the Board. If so, they request that the Board remove 2014 NEC 690.47(D) from the Colorado electrical standards. Action: The Board confirmed that Denver’s proposed ordinance is less stringent current Board standards, and elected not to adopt/remove/amend 2014 NEC 690.47 at this time. F. Compliance Monitoring Business: Nathaniel J. Ornelas, JW (Pending) Case No.: 2015-4426 Summary: At the January 25, 2016 meeting, the Board reviewed a complaint against Nathaniel Ornelas, alleging that Mr. Ornelas failed to submit his quarterly reports verifying compliance with the terms of his probation/parole as required in paragraph 14(b) of the June 23, 2015 Stipulation and Final Agency Order. Mr. Ornelas did not respond to the complaint. At that time, the Board motioned to send Mr. Ornelas a letter of revocation but Mr. Ornelas’ license is in a non-revocable status since he has not taken/passed the Journeyman Wireman’s examination. Action: A motion was made, seconded, and carried to dismiss this complaint. G. Review of Application Business: Steven Klopatek, JW (Pending) Summary: On February 3, 2016 Mr. Klopatek submitted an application for original licensure by examination for a journeyman electrician license based on the experience and training he received while serving in the Air Force. Action: A motion was made, seconded, and carried to table this application pending further information. Business: Dana R. Jackson, ME #26113 Summary: Mr. Jackson failed to submit quarterly reports as required by paragraph 16(b) of the June 28, 2011 Stipulation and Final Agency Order he signed with the Board. Mr. Jackson’s last quarterly report was submitted on July 15, 2014, and his license expired on September 30, 2014. A letter was sent to Mr. Jackson on December 11, 2014 requesting he submit his overdue quarterly report. Mr. Jackson did not respond. On March 17, 2016, Board staff received Mr. Jackson’s reinstatement application for his master electrician’s license. Mr. Jackson has responded to the Board in regard to the above issue and was in attendance at this meeting Action: A motion was made, seconded, and carried to refer this matter to Expedited Settlement for discipline. XIII

•

EXECUTIVE SESSION At 10:44 a.m., Board Chairman John T. McCord moved that the Board enter into executive session for the purpose of discussing disputes that are the subject of pending or imminent court action, discussing specific claims or grievances, or receiving legal advice on specific legal questions pursuant to Colorado Revised Statutes section 24-6-402(3) (a) (II) and (III), including discussion with legal counsel regarding: Report of Investigation regarding case number 2015-2852 and 2015-3251;

March 28, 2016

State Electrical Board

Page 7

RECORD OF PROCEEDINGS •

• •

The legal basis for potential disciplinary action and, where warranted, recommended settlement guidance for matters discussed in open session today and referred to executive session; The Case Status Report of the Office of Expedited Settlement; and The Case Status Report of the Office of the Attorney General and settlement issues, counteroffers, and other legal questions pertaining to open cases referred to the Office of the Attorney General. The motion was seconded by Nancy White and unanimously carried with six members in attendance, six voting. At least two-thirds of the entire membership of the Board voted in favor of the motion. The Board returned to open session at 12:00 p.m.

XIII

ACTION ON DISCIPLINARY CASES Business: Nathaniel Sandoval, APE.26484 Case No.: 2015-2852 Summary: In August 2015 the Board requested that the Office of Investigation research this case and report back to the Board. Action: Upon discussion and review of the report from the Office of Investigation, a motion was made, seconded, and carried to dismiss this case. Business: Theodore Stevens, JW.103212 Case No.: 2015-3251 Summary: At its November 2015 meeting, the Board requested that the Office of Investigation research this case and report back to the Board. Action: Upon discussion and review of the report from the Office of Investigation, a motion was made, seconded, and carried to table this case. The Board also moved, seconded and carried a motion to issue a complaint to Vaughn Electric (EC.2100). Business: Galaxie Electric, LLC, EC.5497 Case No.: 2015-2849 Summary: At its November 2015 meeting, the Board requested that the Office of Investigation research this case and report back to the Board. Action: Upon discussion and review of the report from the Office of Investigation, a motion was made, seconded, and carried to issue a Letter of Admonition. Business: Chad Soll, Cancelled APE 9932366 Case No.: 2015-978 Summary: At its November 2015 meeting, the Board requested that the Office of Investigation research this case and report back to the Board. Action: A motion was made, seconded, and carried to issue a Cease and Desist Order for performing electrical contractor services without the required registration.

XIV

ADJOURNMENT With all business completed, the meeting was adjourned at 3:24 p.m. The next meeting is scheduled for Monday, May 23, 2016, at 9:00 a.m.

Approved by: John T. McCord III, Chair

March 28, 2016

State Electrical Board

Date: May 23, 2016

Page 8