RECORD OF PROCEEDINGS MINUTES OF THE COLORADO STATE PLUMBING BOARD MEETING 1560 BROADWAY, STE 110-D, DENVER, COLORADO WEDNESDAY, FEBRUARY 22, 2017 The meeting of the Board was publicly noticed according to the Division of Professions and Occupations’ Policy 80–17. I
MEETING - CONVENE Board Chair Anthony Shaffer called the meeting to order at 9:02 a.m.
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RECOGNITION OF MEMBERS PRESENT Anthony J. Shaffer Plumbing Contractor, Chair Janice K. Snidow Journeyman Plumber, Vice Chair James Vernon Local Jurisdiction Plumbing Inspector Jorge A. Delgado, Jr. Ex Officio Member John D. Craco Plumbing Contractor Noreen McMahon Public Member Matt Wagy Master Plumber Bruce T. Schneider General Contractor OTHERS PRESENT Mark Browne Kye Lehr Prasanthi Paritala Dennis Rhodes Dennis Larson
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Program Director Chief Inspector Assistant Attorney General Office of Expedited Settlement Enforcement Unit Supervisor
APPROVAL OF MINUTES A motion was made, seconded and carried to approve the minutes of the December 21, 2016 meeting as amended.
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REPORTS A. Review of Report of Final Agency Actions A. Cease and Desist Order Blazer, Allan Fallbrook Contracting LLC Stresle, Daniel B. Dismissals Frank, Adam Z Frye, Michael Booth Grimsdale Plumbing LLC C. Revocation Davis, Zachary Jacob
February 22, 2017
State Plumbing Board
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RECORD OF PROCEEDINGS D. Stipulations Broomhall Brothers, Inc Frank, Adam JD's Plumbing Praters Plumbing & Heating Rhoten, Lynn Speer, Cory Olin 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. C. Staff Comments Program Director – Mark Browne Program Director Mark Browne discussed the 2016 Legislative Session, including HB #171008, Graywater Regulation Exemption for Scientific Research. Mr. Browne also discussed the Denver Home Show, and the booth that DPO is planning to have at this event. It is an opportunity for outreach to consumers on regulations related to Tiny Homes and to inform them of other regulatory issues. Chief Supervisor – Kye Lehr Mr. Lehr informed the Board that ICC classes will begin 3/6/2017 at the Denver Marriott. Enforcement Unit Supervisor – Dennis Larson Mr. Larson informed the Board that the mileage reimbursement rate for calendar year 2017 will be 48 cents per mile. V
NEW BUSINESS Annual Designation of Board Meeting Notices Summary: The State Plumbing Board annually designates the location where meeting Notices will be posted in compliance with § 24-6-402, C.R.S. The reception area of the Division of Professions and Occupations located at 1560 Broadway, Suite 110, Denver, Colorado, is the centralized area for the posting of meeting Notices. Action: A motion was made, seconded and carried to designate the reception area of the Division of Professions and Occupations located at 1560 Broadway, Suite 110, Denver, Colorado as the centralized area for the posting of meeting Notices for 2017.
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VARIANCE REQUESTS 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.
February 22, 2017
State Plumbing Board
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RECORD OF PROCEEDINGS Business: Summary:
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Colorado School of Mines, 1565 Elm Street, Golden, CO O’Connor Plumbing has requested a variance to 2015 International Plumbing Code 305.1 and 305.5 to use tumneck and hydraulic cement instead of a pipe sleeve for this installation. The installation is at the Sanchez Elementary school, located at the Colorado School of Mines at 1565 Elm Street, Golden Colorado. A motion was made, seconded, and carried to grant this variance as the Board finds that sufficient grounds have been met to justify waiving current code requirements. Birch Elementary School, 1035 Birch Street, Broomfield, CO Laura Dresser (contractor/architect) has requested a variance to 2015 International Plumbing Code 405.3.4 (Exception 1) to allow the use of nonlocking doors in two water closets located at Birch Elementary School. A motion was made, seconded, and carried to deny this variance as it is the opinion of the Board that sufficient grounds have not been met to show that a special individual reason makes the strict letter of the code impractical. Frontier Academy Charter School, 2560 W 29th Street, Greeley, CO MEP Engineering is requesting a variance to the 2015 IPC 316, 712, 714 to accept an alternative engineered design sewage ejector system, for conveyance of the sanitary sewer from new construction to an existing onsite sanitary sewer system. The installation is at Frontier Academy Elementary School, located at 2560 W 29th Street, Greeley, Colorado. A motion was made, seconded, and carried to deny this variance as it is the opinion of the Board that sufficient grounds have not been met to show that a special individual reason makes the strict letter of the code impractical. Fox Run Business Park LLC / Applewood Shopping Center, Fort Collins, CO Mr. Troy Jones (architect/consultant) has requested a variance to International Plumbing Code 403.2 to allow for provision of only one water closet for both sexes at the Elite Salon and Day Spa, located at 1115 Main Street, Sterling, Colorado. A motion was made, seconded, and carried to deny this variance as it is the opinion of the Board that sufficient grounds have not been met to show that a special individual reason makes the strict letter of the code impractical. Wray State Bank, 300 Clay Street, Wray, CO Wray State Bank has requested a variance to the International Plumbing Code 403.1 to allow for provision of only one water closet for both sexes at the Wray State Bank, located at 300 Clay Street, Wray, CO. A motion was made, seconded, and carried to deny this variance as it is the opinion of the Board that sufficient grounds have not been met to show that a special individual reason makes the strict letter of the code impractical.
COMPLAINTS Business: Case No.: Summary:
February 22, 2017
$99 Rooter/Ninety-Nine Dollar Rooter and Drain Cleaning LLC, Unregistered 2015-1883 This complaint alleges that $99 Rooter/Ninety-Nine Dollar Rooter and Drain Cleaning LLC (the Company) is advertising on the website www.99dollarrooter.com offering to perform plumbing services without the State Plumbing Board
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RECORD OF PROCEEDINGS
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February 22, 2017
required plumbing contractor registration, and thereby is violating the November 21, 2014, Cease and Desist Order (Case #2014-4339) issued by the Board. At the December 2016 Plumbing Board meeting, the Plumbing Board moved to have staff send a letter requesting the respondent to correct or remove the website by January 10th, 2017. The Company has complied with the Board’s request. A motion was made, seconded, and carried to dismiss this case. Mike Alvarado (dba Custom Solutions by Alvarado Construction), Unlicensed/Unregistered 2016-5683 This complaint alleges that Mike Alvarado (dba Custom Solutions by Alvarado Construction) (the “Company”) performed plumbing work without the required plumbing license and that he performed plumbing contractor work without the required plumbing contractor registration. The Company did not respond to the complaint. A motion was made, seconded, and carried to issue a Cease and Desist Order to the Company for operating as a plumbing contractor without the required registration, and for engaging in the business, trade or calling of a Master plumber without a license. John Daniel Browne Jr., JP.286715 2016-5681 This complaint alleges that Mr. Brown is advertising to perform plumbing contractor work without the required plumbing contractor registration. Mr. Brown did not respond to the complaint. A motion was made, seconded, and carried to issue a Cease and Desist Order to Mr. Brown for advertising to perform as a plumbing contractor without the required registration, and for engaging in the business, trade or calling of a Master plumber without a license, and to refer this case to ESP for discipline. Go Direct Plumbing Sewer & Water, PC.2888 2017-387 This complaint alleges that Go Direct Plumbing Sewer & Water is advertising as a plumbing contractor without the required plumbing contractor registration. The Board also reviewed Ms. Rachel Michener’s response to the complaint. A motion was made, seconded, and carried to dismiss this complaint. A motion was made, seconded, and carried to initiate a complaint against Go Direct Plumbing Sewer & Water for advertising as a contractor using an unregistered company name or dba name. Mike Lenihan, AP.35127 (pending supervision) 2016-5107 This complaint alleges that Mike Lenihan performed plumbing work without the required plumbing license, and that Mr. Lenihan is performing plumbing contractor services without the required contractor registration. The Board also reviewed Mr. Lenihan’s response to this complaint. A motion was made, seconded, and carried to issue a Cease and Desist Order to Mr. Lenihan for engaging in the business of a plumbing contractor without the required registration, and to refer this case to the Office of Expedited Settlement for discipline.
State Plumbing Board
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RECORD OF PROCEEDINGS A motion was made, seconded, and carried to initiate a complaint against Altitude Builders for operating as a plumbing contractor without the required registration. Business: Case No.: Summary: Action:
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Jason Patton, MP.600408 2017-37 This complaint alleges that Mr. Patton falsely represented himself as a master plumber to the City of Arvada. Mr. Patton did not respond to the complaint. A motion was made, seconded, and carried to refer this case to the Office of Expedited Settlement for discipline. Matthew Rousso, MP.189734, PC.2467 2017-14 This complaint alleges that Mr. Rousso did not pull the required plumbing permit prior to starting work. The Board also reviewed Mr. Rousso’s response to this complaint. A motion was made, seconded, and carried to refer this case to the Office of Expedited Settlement for discipline, and to initiate a complaint against Matthew Rousso for substandard work, with said complaint to be immediately referred to the Office of Investigation for additional information. Jason Stark, AP.12453 (pending supervision) 2016-5955 This complaint alleges that Jason Stark is advertising as a journeyman plumber without the required plumbing license and that he is advertising as a plumbing contractor (Stark Plumbing Solutions) without the required plumbing contractor registration. Mr. Stark did not respond to the complaint. A motion was made, seconded, and carried to issue a Cease and Desist Order to Mr. Stark dba Stark Plumbing for advertising as a plumber without a license, and for advertising as a plumbing contractor without the required registration. A motion was made, seconded, and carried to refer this case to the Office of Expedited Settlement for discipline. Andrew Szymanski, JP.600225 2016-5321 This complaint alleges that Andrew Syzmanski is engaging in the business of a plumbing contractor without the required plumbing contractor registration. Mr. Syzmanski did not respond to the complaint. A motion was made, seconded, and carried to issue a Cease and Desist Order to Mr. Szymanski for engaging in the services of a plumbing contractor without the required registration, and to refer this case to the Office of Expedited Settlement for discipline.
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Jeff Van Slyke, MP.180053 2017-237 This complaint alleges that Mr. Van Slyke failed to notify the Plumbing Board of his separation with Carefree Pure Water Inc. (PC.3430) in a timely manner per CRS 12-58-105(3). The Board also reviewed Mr. Van Slyke’s response to this complaint.
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A motion was made, seconded, and carried to dismiss this case.
February 22, 2017
State Plumbing Board
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RECORD OF PROCEEDINGS VIII
EXECUTIVE SESSION: At 11:56 a.m., Board Chair Anthony Shaffer 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 24-6402(3)(a)(II) and (III), including discussion with legal counsel regarding: • 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. The motion was seconded by Janice Snidow and unanimously carried with seven members in attendance, all seven 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 12:25 p.m.
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ADJOURNMENT With all business completed, the meeting was adjourned at 12:28 p.m. The next meeting is scheduled for Wednesday, April 26, 2017, at 9:00 a.m.
Approved by: Anthony J. Shaffer, Chair
February 22, 2017
State Plumbing Board
Date: April 26, 2017
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