STATE OF FLORIDA | DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 98-17631 ARTHUR S. KACHEL, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ARTHUR S. KACHEL, ("Respondent"), and says: Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2, Respondent is, and has been at all times material hereto, a Certified Air Conditioning Contractor, in the State of Florida, having been issued license number CA C033592. 3. Respondent's last known address is 4448 SW 5] Street, Fort Lauderdale, Florida, 33314. VY VU 4. At all times material hereto, Respondent was the licensed qualifier for Airstream Mechanical, Inc., (hereinafter referred to as “Contractor"). 5. Section 489.1195(1)(a), Florida Statutes, provides that all primary qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization; for all field work at all sites; and for financial matters, both for the organization in general and for each specific job. COUNT I 6. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five as though fully set forth in this Count I. 7. On or about January 15, 1997, the Contractor contracted with Garfield Wray (hereinafter referred to as “Customer”) to install a solar water heater, a hot water tank, perform air conditioning duct repair, install two thermostats, two air filters, attic insulation, energy saving plumbing fixtures and energy saving light fixtures for Five Thousand, Nine Hundred Ninety Five dollars ($5,995.00). 8. The Customer paid the Contractor the full contract price with financing provided by Independent Savings Plan Company (ISPC). 9. Subsequent to the Contractor performing the work, the Customer discovered that the air conditioning system was not cooling, there were stains around the air conditioning vents and an odor inside the house. 10. The Customer hired Air Duct Aseptics, Inc. to inspect the air conditioning system and the duct work. ‘11, Air Duct Aseptics, Inc. discovered that there were leaks in the ducts, unraveled tape WU ww) around the ducts and corrosion in the blower motor, drain line, drip pan and evaporator coils. 12. The Customer paid Air Duct Aseptics, Inc. Nine Hundred Forty Four dollars ($944.00) to repair the air conditioner systems and the duct work. 13. Air Duct Aseptics, Inc., indicated that the leaking ducts caused the odor in the house, the stains around the air vents, and the contamination of the air conditioning system. 14. The Contractor failed to repair the Customer’s air conditioning ducts according to the terms of the aforesaid contract. 15. Failing to repair the ducts caused the Customer to spend an additional Nine Hundred Forty Four dollars ($944.00) in repairs. 16. The forgoing constitutes misconduct in the practice of contracting. 17. Based on the foregoing, the Respondent violated Section 489.129(1)(n), Florida Statutes (1996 SUPP.), by committing incompetency or misconduct in the practice of contracting. COUNT I 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and seven through sixteen as though fully set forth in this Count IL 19. Section 489.1425, Florida Statutes, provides that: “(1) Any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining consumer rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500.” 20. The Contractor failed to provide the Customer with written notice of consumer rights under the Construction Industries Recovery Fund. 21. Failing to provide the Customer with written notice of consumer rights under the V UV Construction Industries Recovery Fund constitutes a violation of Section 489.1425, Florida Statutes. 22. Based on the foregoing, the Respondent violated Section 489.129(1)(j), Florida Statutes (1996 SUPP.), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT Il 23. Petitioner realleges and incorporates the allegations ‘set forth in paragraphs one : through five, seven through sixteen and nineteen through twenty one as though fully set forth in this Count Il. 24. Section 489.119(2), Florida Statutes, provides: “If the applicant proposes to engage in business as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant’s legal name or a fictitious name where the applicant is doing business as a sole proprietorship, the business organization must apply for a certificate of authority through a qualifying agent and under a fictitious name, if any.” 25. The Contractor failed to obtain a qualifying business certificate of authority. 26. Failing to obtain a qualifying business certificate of authority constitutes a violation of Section 489.119(2), Florida Statutes. 27, Based on the foregoing, the Respondent violated Section 489.129(1)(j), Florida Statutes (1996 SUPP.), by failing in any material respect to comply with the provisions of this part " or violating a nile or lawful order of the board. V U COUNT IV 28. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five, seven through sixteen, nineteen through twenty one and twenty four through twenty six as though fully set forth in this Count IV. 29, — Section 489.113(3), Florida Statutes provides: “A contractor shall subcontract all electrical, mechanical, plumbing, roofing, sheet metal, swimming pool, and air-conditioning work, unless such contractor holds a state certificate or registration for the work being performed under ; this part.” 39. At not time material hereto was the Contractor licensed to install plumbing and electrical fixtures. 31. The Contractor exceeded the scope of his Certified Air Conditioning Contractor’s license by contracting to install, and installing plumbing and electrical fixtures at the Customer’s residence. 32. Exceeding the scope of the Certified Air Conditioning Contractor’s license by contracting to install, and installing plumbing and electrical fixtures at the Customer’s residence constitutes a violation of Section 489.113(3), Florida Statutes. 33. Based on the foregoing, the Respondent violated Section 489.129(1)@), Florida Statutes (1997), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, require : 3 WU an, financial restitution to a consumer, impose an administrative fine not to exceed $5,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this 7/ day of A px ig , 2000. Cathleen E. O’Dowd Lead Attorney Lahkt & Odond (PoP) March aa, acce Division I: Suean Chones| Keith Lawson COUNSEL FOR DEPARTMENT:. Diane Snell Perera Senior Attorney F | Department of Business and Department of Business and Professional Regulation Professional Regulation DEPUTY CLERK Office of the General Counsel 401 NW 2 Avenne #N607 {2 j 1) Achelt Miami, FL 33128 CLERK (305) 377-7115 wae Ut -1% -2000 98-1763 328/00 RAC DSP/ms

Docket for Case No: 00-003022PL