Arkansas HVACR NewsMagazine March 2021

HVACR NewsMagazine March 2021

Hearings & Outcomes

inspectors or by homeowners outside local inspection authorities. In most cases, the contractor has already been given an opportunity to resolve the issue; i.e., correct the code violations. While not required, it is also the norm for state inspectors to give the contractor another opportunity. The reasoning for this extended grace is to facilitate corrections providing the homeowner with a safe and effective comfort system. Avoiding legal penalties also helps the contractor pay for the corrections. Regretfully, by the time the state inspector gets involved, many contractors have abandoned the job or have shown a general lack of knowledge to make the corrections. If the contractor does not have the appropriate license, a licensed contractor must be called in by the homeowner to complete the install. Arkansas law does not provide a method for the Licensing program to require the contractor to make restitution for expenses incurred by the homeowner to correct and complete the system. Fines leveled by the HVAC Section help pay for operation of the program and cannot be used to help the homeowner. The homeowner ’ s only recourse is to file a civil suit against the contractor to recoup the additional expense. Restitution for the homeowner has been a discussion among Board Members for years but no proposals have been made to the legislature. The homeowner does have one little known opportunity. If the contractor is not licensed, the homeowner can refuse to pay and a mechanics lien cannot be levied; however, the contractor can file civil suit against the homeowner to collect. That has not been tested in court so it is uncertain if the court would rule in favor of the contractor or homeowner.

Van Buren … Defendant: Bradley Fry Viloations: A.C.A 17-33-104

(Did not obtain required local permit) A.C.A 17-33-301 (No HVAC License) A.C.A 17-33-304 (No license displayed) Fined: $750.00 On February 10, 2021, the Arkansas Department of Labor and Licensing / HVAC Section heard testimony, passed judgement, and levied a fine in the case of Bradley Fry of Van Buren. State inspector, Tony Woodard, was brought into the case by Fort Smith inspector, Dennis Curry. Mr. Fry asked for a rough- in inspection but did not have a permit for the work or state license to do the work nor were his two helpers listed as registrants. As a result of these infractions, the job was shut down by Van Buren building inspector, Terry Wells, on December 11, 2020. During the investigation, Mr. Fry stated that it was the responsibility of the remodeler, Mountain Creek Holdings to pull the permits. (No one can pull a permit for HVAC work without a license.) Mr. Fry was given notice of the alleged violations via Notice of Hearing dated January 3, 2021. Mr. Fry did not attend the hearing to provide testimony.

Thoughts and Ruminations

Complaints regarding code violations and proper licensing are referred to the Arkansas Department of Labor and Licensing / HVACR Section by city