HomeMy WebLinkAboutLICENSING BOARD MEMO.TIFBOARD MEMBERS
T. G. PROFFIT
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J. N. ROYAL
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H. J. SUMMEY, JR.
R. M. BOONE
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OFFICERS
T. G. PROFFIT Chairman
H. J. SUMMEY, JR. rice Chairman
P. K. SELBY Secreiay Treasurer
S. K. HENSLEY o Tn EXECUTIVE OFFICE
P. K. SELBY ° �a
0 1109 DRESSER COURT
W. T. TUCKER 0 es1 bjs `saoy °d�y� RALEIGH, N.C. 27609
OFFICE PHONE No.: 919/875 -3612
FAX No.: 919/875 -3616
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State Board of Examiners of Plumbing, Heating
& Fire Sprinkler Contractors
Raleigh, N.C.
DATE: March 20, 2008
TO: Catawba County Inspection Dept
RE: Todd Baisden
License No: 21349
E bll E � W E 0
MAR 2 4 TWB 10]
BUILDING SERVICES
H -3 -I
Enclosed you will find your copy of the ORDER relative to Todd
Baisden.
Should you have any questions, please call our office.
Sincerely,
Sharon R. Pittman
Legal Activities Coordinator
Enclosure
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NORTH CAROLINA
WAKE COUNTY
BEFORE THE STATE BOARD OF EXAMINERS OF PLUMBING, HEATING AND FIRE
SPRINKLER CONTRACTORS
IN THE MATTER OF:
TODD BAISDEN, President, SELECT
AIR HEATING AND COOLING, INC.
Ilk up
SELECT AIR HEATING AND COOLING, INC.
License No. 21349 H -3 -I
ORDER
This matter came on to be heard and was heard before the
State Board of Examiners of Plumbing, Heating and Fire Sprinkler
Contractors (Board) pursuant to G.S. 87 -23 and 150(B) -38 and 21
NCAC 50.1001 upon Notice of Hearing for the purpose of receiving
evidence sufficient to enable the Board to determine whether to
revoke or suspend the license of Todd Baisden, President, Select
Air Heating and Cooling, Inc. (Respondents) on grounds of
violation of G.S. 87 -23(a) which provides that the Board may
revoke or suspend the license of any plumbing, heating or fire
sprinkler contractor who fails to comply with any provision or
requirement of Chapter 87, Article 2, or for gross negligence,
incompetence, or misconduct in the practice of or in carrying on
the business of either a plumbing, heating or fire sprinkler
contractor; and,
It appearing to the Board that this matter was instituted by
the issuance of the Notice of Hearing on January 18, 2008,
scheduling the matter for hearing before the Board February 11,
2008, at 8:30 a.m. or as soon thereafter as the matter could be
reached; and,
Respondent failed to participate in a prehearing conference
on January 28, 2008.
It further appearing that the matter was heard as scheduled
on February 11, 2008, before Board members Thomas G. Proffit,
Harold Jack Summey Jr., Stephen K. Hensley and John N. Royal.
Although properly served with the Notice of Hearing, the
Respondent failed to appear or submit a statement in lieu of
appearance. The Board having heard the statements of counsel and
having reviewed the exhibits, makes the following:
FINDINGS OF FACT
1. Respondent is engaged in business as a Heating,
Group 3, Class I contractor and is the holder of License
No. 21349 H -3 -I issued in the name Select Air Heating and Cooling,
Inc., Todd Baisden, President.
2. On or about July 11, 2006, Respondent contracted to
install and began installation of a Heating, Group 3 system
consisting of a 1.5 ton, 13 SEER heat pump with all needed
grilles, registers and digital thermostats, and dryer vents, for
nine units of an apartment building being constructed by Multi -
Residential Construction located at 420 West First Street, Newton,
North Carolina, for the contract sum of $ 17,550.00. Although
Respondent has been paid $8,775.00, approximately fifty percent
(500) of the total compensation, he has failed or refused to
return to the job site to complete the installation. As of May
2007, the status was that six units had ductwork but none had
equipment, thermostats, registers or grilles. Even after the
owner offered to buy the equipment, Respondent failed to return.
3. The situation outlined above is part of a general
pattern or practice.
Based on the foregoing Findings of Fact, the Board makes the
following:
CONCLUSIONS OF LAW
1. This Board was created pursuant to the provisions of
Article 2, Chapter 87, of the General Statutes of North Carolina
and has the authority to revoke or suspend license for gross
negligence, incompetence, misconduct, or failure to comply with
any provision of Article 2, Chapter 87 of the General Statutes.
2. "Misconduct" refers to a transgression of some
established and definite rule of action or improper or wrong
behavior.
3. "Gross negligence" has been defined as such negligence
as evidences reckless disregard of human life or the safety of the
person exposed to its dangerous effects or that entire want of
care as would raise the presumption of a conscious indifference to
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the rights of others, which is equivalent to an intentional
violation of the law.
4. "Incompetence" is defined as the failure to possess the
minimum degree of technical expertise or ability required to
adequately engage in contracting.
5. The provisions of the North Carolina State Building
Code establish a minimum standard of competence applicable to
Respondent.
6. 21 NCAC 50.0404 provides as follows:
ACTIVE EMPLOYMENT
(a) In each business location, branch or facility of any
kind from which work requiring a license pursuant to G.S.
87, Article 2 is solicited or proposed; or from which
contracts for such work are negotiated or entered into; or
from which requests for such work are received, accepted, or
dispatched; and from which such work is carried out, there
shall be on duty the lesser of 1500 hours annually, or all
hours during which the activities described herein are
carried out at least one individual who holds license in the
classification required for the work being proposed or
performed, whose license is listed in the name of the
particular firm or business at that location, and who is
engaged in the work of the firm at the business location or
at firm job sites, and who has the responsibility to make,
modify, terminate and set the terms of contracts, and to
exercise general supervision, as defined in Rule .0505 of
this - Chapter, of all -work falling within his license
qualification. Evidence of compliance shall be required as a
condition of renewal or retention of license, and
falsification shall constitute fraud in obtaining license.
The standards set forth in Rule 21 NCAC 50 .0512 shall be
applied.
7. 21 NCAC 50.0406 provides as follows:
RESPONSIBILITY OF LICENSED PERSON EMPLOYED BY FIRM
(a) The licensed person, whether individually or for a
corporation, partnership or business with a trade name, is
responsible for all contracts, supervision to the extent of
his qualifications and assurance that permits are obtained.
(b) A contract, and the responsibility imposed on a
licensed person to supervise work performed under a
contract, may be assumed by another licensee upon written
notice to and approval by the property owner and local
inspection department.
(c) The license number and qualification of the firm will
be displayed on firm contracts, proposals, permit
applications, and telephone yellow page advertising.
8. 21 NCAC 50.0407 provides as follows:
CORPORATIONS, PARTNERSHIPS AND TRADE NAMES
(a) A license may be issued or renewed in the name of a
corporation, partnership or business with a trade name upon
compliance with the provisions of G.S. 87 -26, verified by
the execution of forms furnished by the Board.
(e) A corporation, partnership or business with a trade
name which is issued a license is subject to the provisions
of G.S. 87, Article 2 and to these Rules.
9. 21 NCAC 50.0412 provides as follows:
GUIDELINES ON DISCIPLINARY ACTIONS
(a) The provisions of G.S. 87, Article 2, the rules of the
Board and the matters referenced therein are the guidelines
by which the conduct of an entity subject to the authority
of the Board are evaluated.
(e) The Board may suspend or revoke the license of a
contractor where it is found that the contractor abandoned a
job after obtaining funds from the owner.
10. 21 NCAC 50.0505 provides as follows:
GENERAL SUPERVISION
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(a) The general supervision required by G.S. 87 -26 is that
degree of supervision which is necessary and sufficient to
ensure that the contract is performed in a workmanlike
manner and with the requisite skill and that the
installation is made properly, safely and in accordance with
applicable codes and rules. General supervision requires
that review of the work done pursuant to the license be
performed while the work is in progress.
(b) The provisions of the North Carolina Building Code,
including the provisions of codes and standards incorporated
by reference, to the extent adopted by the Building Code
Council of North Carolina from time to time is the minimum
standard of competence applicable to contractors licensed by
the Board. Licensees shall design and install systems which
meet or exceed the minimum standards of the North Carolina
State Building Code, manufacturer's specifications, and
installation instructions and standards prevailing in the
industry.
(c) Limited Fire Sprinkler Maintenance Technicians and
Limited Fire Sprinkler Inspection Technicians shall be
present in person at all times work is being carried out on
the system pursuant to the license held by that person.
11. The foregoing Findings of Fact establish
abandonment of job, misconduct and violation(s) of G.S. 87-
23, the North Carolina State Building Code, and the Rules of
the Board.
Based upon the foregoing Findings of Fact and
Conclusions of Law, the Board enters the following order:
1. Respondent's license to engage in business as a
Heating, Group 3, Class I contractor is permanently revoked.
No request by the Respondent for reinstatement of license by
the Board will be considered and Respondent shall not be
allowed to sit for any examination offered by the Board.
I
0
date.
2. This Order becomes effective thirty days from this
This the i k�day of 2008.
STATE BOARD OF EXAMINERS OF
PLUMBING, HEATING AND FIRE
SPRINKLER CONTRACTORS
By
Thomas G* Pro it
Chairman V
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RIGHT TO REVIEW
Respondent has a right to seek judicial review of this
Order by filing a petition in the Superior Court of North
Carolina not later than thirty (30) days after the service of
a copy of this Order. Appeal will be governed by the
provisions of G.S. 150B -43, et. seq.
763311 310040.1488