Arkansas HVACR NewsMagazine November 2020

HVACR NewsMagazine November 2020

Hearings & Outcomes

Beginning in this issue, the NewsMagazine will carry news of hearings and their outcomes. Hearings are generated when someone, usually a homeowner, complains about a heating and air conditioning installation. The complaint makes it way to the HVACR Licensing Board when the contractor fails to correct the violations. The attitude of the inspection program is helping the contractor understand the code violations and giving them time to make the corrections. This is the best way to make the homeowner whole. If the contractor makes the corrections, seldom does a contractor find themselves before the board with the possibility of a fine. In the vast majority of the cases, the contractor fails to appear and the Board is left with reviewing the inspectors testimony, pictures of the infractions, and deciding on the appropriate fine. If the contractor has not made the required corrections and if the contractor is a repeat offender, the hearing can result in a suspension or revocation of license. This does not make the homeowner whole but does give them a better case in civil court. Regretfully, civil court is the only way a homeowner can get restitution for the cost of repairing or replacing the poorly installed system. Even worse, most homeowners find that the offending contractor does not have sufficient assets to pay the judgement. So, the result is that the homeowner is out the cost of repair or replacement plus the cost of the attorney. Prior to the NewsMagazine carrying the results of the hearings, the information has generally gone without notice. We hope that reporting the hearings will result in transparency and serve to protect trusting homeowners and business persons.

Hearing

Rusty Rucker Jonesboro , AR

Initial Inspection: February 6, 2020 Code Violations • Act 277 -Performing work without a license Arkansas Mechanical Code • 301.7 – Electrical wire entering cabinet without protection • 301.14 – Rodent proofing – Did not seal refrigeration lineset • 304.1 – General Installation & 301.4 Fuel Gas – Did not install per manufacturer’s instructions and did not protect gas flex line entering furnace cabinet • 306.3 – Appliance in Attics – Did not provide access or electrical requirements • 307.2 – Traps – Did not install P-trap per instructions • 603.4- Metallic Ducts – Did not install per SMACNA Standards • 604.11 Vapor Retarders — Did not tape & seal insulation properly • 605.3 – Airflow over the filer – Did not have even airflow over filter ➢ Mr. Rucker signed receipt of hearing notification sent by registered mail ➢ Mr. Rucker did not respond to notification or answer phone calls. ➢ Mr. Rucker did not appear at the hearing on October 14, 2020.

Decision: the Board upheld the Departments decision to impose a $2,750.00 penalty Penalty: $2,750 fine