Grant Zadow is qualified as - State of Oregon

State of Oregon Board memo
Building Codes Division January 28, 2010
To: Electrical and Elevator Board
From: Liz Browder, Manager, Enforcement Services Section
Subject: Proposed Order on John A. Spalliero, Jr., Case No. 2009-0019
Action requested:
Board to decide on adoption of proposed order as and issuance of final order.
Discussion:
The case before the board involves John A. Spalliero who was charged with engaging in the
business of making an electrical installation without an electrical contractor’s license, a
supervising or journeyman electrician’s license and without a valid electrical permit. This work
was performed in Grants Pass, Oregon.
On March 4, 2009, the Building Codes Division issued a Notice of Proposed Assessment of a
Civil Penalty to Respondent. On March 11, 2009, Mr. Spalliero, Jr., timely requested a hearing.
Administrative Law Judge (ALJ) Allison Greene Webster presided at a hearing held by
telephone on August 20, 2009. On September 15, 2009, ALJ Webster issued a proposed order
finding Mr. Spalliero engaged in the business of making electrical installations without the
appropriate electrical contractor license, without a supervising or journeyman electrician’s
license and without a permit and was subject to a $5,500 penalty. Mr. Spalliero did not submit
any exceptions to the judge’s proposed order.
The proposed order and final order are attached for review.
Agenda
Item
III.B.3.
Options:
Issue a final order, adopting the proposed order with no changes.
Amend the proposed order and ask that it be brought back to the next board meeting for
consideration.
Withdraw the notice of proposed assessment of a civil penalty and final order on default,
thus dismissing the case.
Recommendation:
The division recommends that the board adopt the proposed order and issue a final order with no
changes.

IN THE MATTER OF:
JOHN A. SPALLIERO JR.
BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS
STATE OF OREGON
for the
BUILDING CODES DIVISION
In the Matter of John Spalliero, OAH Case No. 901049
Page 1 of 5
HISTORY OF THE CASE
) PROPOSED ORDER
)
) OAH Case No.: 901049
) Agency Case No.: 2009-0019
On March 4, 2009, the Electrical and Elevator Board of the State of Oregon (Electrical
Board), issued a Notice of Proposed Assessment of a Civil Penalty and Final Order upon Default
to John A. Spalliero, Jr. (Respondent). The Electrical Board alleged Respondent performed
electrical installations without a valid Oregon electrical contractor’s license and without a valid
electrical permit in violation of ORS 479.550(1) and 479.620(1). The notice proposed a civil
penalty of $5,500 for the alleged violations.
Respondent timely requested a hearing. On March 24, 2009, the Building Codes
Division, (BCD or the Division), a division of the Department of Consumer and Business
Services (DCBS or the Department), 1 referred the hearing request to the Office of Administrative
Hearings (OAH). Administrative Law Judge (ALJ) Alison Greene Webster was assigned to the
matter.
A hearing was held on August 20, 2009 by telephone from Tualatin, Oregon.
Respondent appeared without counsel and testified. Matt R. Rodriguez appeared as the
authorized representative of the Division. Mike Weaver, Division Licensing Enforcement
Specialist, and Grant Zadow, Assistant Chief Electrical Inspector for Oregon testified on behalf
of the Division. The record remained open until September 3, 2009 for the parties to discuss
settlement. The record closed on September 4, 2009 with no settlement obtained.
1 The Director of the Department of Consumer and Business Affairs is vested with the authority to create,
and enforce, by the Building Codes Division, a State Building Code which encompasses the creation of
specialty trade codes and advisory boards, including the Electrical and Elevator Board. ORS 455.020,
ORS 455.010.

In the Matter of John Spalliero, OAH Case No. 901049
Page 2 of 5
ISSUES
1. Whether, on or about December 29, 2008, Respondent performed work that
constituted electrical installations without a valid electrical permit in violation of ORS
479.550(1).
2. Whether, on or about December 29, 2008, Respondent performed work that
constituted electrical installations without a valid Oregon supervising or journeyman electrician’s
license in violation of ORS 479.620(3).
3. Whether, on or about December 29, 2008, Respondent engaged in the business of
making electrical installations without an electrical contractor’s license in violation of ORS
479.620(1).
4. If one or more violations are established, what is the appropriate civil penalty? OAR
918-001-0036.
EVIDENTIARY RULINGS
Exhibits A1 through A7, offered by the Division, were admitted into the record without
objection.
Grant Zadow is qualified as an expert in electrical work, including installations,
permitting, and inspections, on the basis of his experience and training, work history, and current
employment.
FINDINGS OF FACT
1. Sometime prior to December 29, 2008, David Leary, the owner of an apartment
building at 1801 Foothills Road, Grants Pass, Oregon, contacted Respondent, the owner of Iron
Horse Welding and Fabrication, and asked if Respondent could install a heating and cooling unit
at one of the apartments in the building. Respondent quoted Leary a price for the job. Leary
agreed to the price and Respondent agreed to do the installation. (Exs. A1, A2 and A4.)
2. On or around December 29, 2008, Respondent disconnected an old air conditioning
unit and installed a new 40,000 BTU Heil heating and air conditioning unit next to the front door
of apartment A at 1801 Foothills Road, Grants Pass, Oregon. The heating and air conditioning
unit replacement required Respondent to disconnect and reconnect existing electrical wiring.
(Exs. A1; A2 and A4; test. of Weaver.)
3. At the time Respondent replaced the heating and air conditioning unit at apartment A
at 1801 Foothills Road, Grants Pass, Oregon, he did not have a valid electrical permit, a valid
electrical contractor’s license or a supervising or journeyman electrical license. (Exs. A2 and
A6; test. of Weaver.)

In the Matter of John Spalliero, OAH Case No. 901049
Page 3 of 5
CONCLUSIONS OF LAW
1. On or about December 29, 2008, Respondent performed work that constituted
electrical installations without a valid electrical permit in violation of ORS 479.550(1).
2. On or about December 29, 2008, Respondent performed work that constituted
electrical installations without a valid Oregon supervising or journeyman electrician’s license in
violation of ORS 479.620(3).
3. On or about December 29, 2008, Respondent engaged in the business of making
electrical installations without an electrical contractor’s license in violation of ORS 479.620(1).
2. A civil penalty totaling $5,500 is appropriate. OAR 918-001-0036.
OPINION
As set out above, the Division asserts that Respondent violated ORS 479.550(1) by
making an electrical installation without a valid electrical permit and violated ORS 479.620(3)
by making an electrical installation without a supervising or journeyman electrician’s license.
The Division further asserts that Respondent engaged in the business of making electrical
installations without an electrical contractor’s license in violation of ORS 479.620(1). As the
proponent of this position, the Division bears the burden of proof. ORS 183.450(2), Harris v.
SAIF, 292 Or. 683 (1982). The Division must prove its allegations by a preponderance of the
evidence. Gallant v. Board of Medical Examiners, 159 Or. App. 175, 180 (1999).
1. Violations of ORS 479.550(1) and 479.620(3)
The first issue is whether Respondent performed electrical installations without a valid
permit and/or license. ORS 479.550(1) provides in relevant part:
(1) Except as provided in ORS 479.540, no person shall work on any new
electrical installation for which a permit has not been issued.
ORS 479.530(10) defines electrical installations and provides that:
“Electrical installations” means the construction or installation of electrical wiring
and the permanent attachment or installation of electrical products in or on any
structure that is not itself an electrical product. “Electrical installation” also means
the maintenance or repair of installed electrical wiring and permanently attached
electrical products. "Electrical installation" does not include an oil module.
ORS 479.620(3) provides, in relevant part:
Subject to ORS 479.540, a person may not:

(3) Except as provided in subsection (5) of this section, make any electrical
installation without a supervising or journeyman electrician’s license.
ORS 479.540 provides for exemptions to the statute, none of which apply in the
current matter.
On or about December 29, 2008, Respondent installed a new heating and air conditioning
unit at an apartment at 1801 Foothills Road and, as part of that installation, disconnected and
reconnected existing electrical wiring. At the time Respondent did this work, he did not have
valid electrical permit, nor did he have a valid Oregon supervising or general journeyman
electrician’s license. Respondent acknowledged that he did the work without a permit or
appropriate license. Expert opinion, supported by the record, established that the work
Respondent performed constituted electrical installations as defined by ORS 479.530(10).
Therefore, the violations of ORS 479.550(1) and ORS 479.620(3) have been proven.
2. Violation of ORS 479.620(1)
The Division asserts that Respondent violated ORS 479.620(1) which prohibits a person
from, “engage[ing] in the business of making electrical installations, advertise as or otherwise
purport to be licensed to make electrical installations or purport to be acting as a business that
makes electrical installations.”
Pursuant to OAR 918-030-0010(8), “engaging in the business” means “to advertise or
solicit, contract or agree to perform, or to perform, work for which a license or permit is required
under Oregon law, including but not limited to a single instance.” (Emphasis added.)
In this case, Respondent agreed to perform and performed work for which a license
and/or permit was required. Pursuant to OAR 918-030-0010(8), by agreeing to install and
installing the heating and cooling unit at 1801 Foothills Road in Grants Pass, Respondent
engaged in the business of making electrical installations in violation of OAR 479.620(1).
3. Civil Penalty
OAR 918-001-0036 provides in relevant part:
(6) The division may, subject to approval of a board, develop a penalty matrix
for the board’s use to promote equity and uniformity in proposing the amount
and terms of civil penalties and conditions under which the penalties may be
modified based on the circumstances in individual cases.
The Division has developed such a penalty matrix pursuant to this rule. According to the
Advisory Board Penalty Matrix (October 1, 2008 ed.), the civil penalty for a first combined
license and permit violation is $2,500. Based on Respondent’s violations of ORS 479.550(1)
(permit requirement) and 479.620(3) (license requirement), a penalty of $2,500 is warranted.
And, according to the same penalty matrix, the civil penalty for a first offense of engaging in
In the Matter of John Spalliero, OAH Case No. 901049
Page 4 of 5

usiness without a proper license is $3,000. Consequently, Respondent is assessed an additional
$3,000 civil penalty for violating ORS 479.620(1).
In the Matter of John Spalliero, OAH Case No. 901049
Page 5 of 5
ORDER
I propose the Building Codes Division issue the following order:
1. Respondent John A. Spalliero, Jr. made electrical installations without a valid Oregon
supervising or journeyman electrician’s license and without a valid permit in violation of ORS
479.620(3) and ORS 479.550(1) and is assessed a $2,500 civil penalty.
2. Respondent John A. Spalliero, Jr. engaged in the business of making electrical
installations without an electrical contractor’s license in violation of ORS 479.620(1) and is
assessed a $3,000 civil penalty.
ISSUANCE AND MAILING DATE: September 15, 2009
APPEAL PROCEDURE
Alison Greene Webster
Administrative Law Judge
Office of Administrative Hearings
This is the Administrative Law Judge’s Proposed Order. You have the right to file written
exceptions and argument to be considered per OAR 137-003-0650. Your exceptions and
argument must be received within 20 calendar days after the service date of this Proposed Order.
Send them to:
Building Codes Division
Manager, Enforcement and Licensing
PO Box 14470
Salem OR 97309-0404

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
BEFORE THE ELECTRICAL AND ELEVATOR BOARD OF THE STATE OF
OREGON
)
IN THE MATTER OF:
)
)
)
FINAL ORDER
JOHN A. SPALLIERO JR.
) OAH CASE NO. 901049
) BCD CASE NO. 2009-0019
)
)
RESPONDENT
)
)
The ELECTRICAL AND ELEVATOR BOARD of the State of Oregon adopts and incorporates
by reference the attached proposed order, dated September 15, 2009, and assesses Respondent a
$5,500 civil penalty for violation of ORS 479.620(1), ORS 479.620(3) and ORS 479.550(1).
Dated this __________day of ____________________, 2010
____________________________________________
Chairman
Electrical and Elevator Board
State of Oregon
NOTICE OF OPPORTUNITY FOR JUDICIAL REVIEW (COURT OF APPEALS)
You are entitled to judicial review of this Order pursuant to ORS 183.482. Judicial review may
be initiated by filing a petition for review with the Oregon Court of Appeals within 60 days from
the date this order was mailed to you.
Page 1 of 1