Grant Zadow is qualified as - State of Oregon

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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.)
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Grant Zadow is qualified as - State of Oregon

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