HomeMy WebLinkAboutRESOLUTION AGREEMENT 3-28-08.TIFBOARD MEMBERS OFFICERS
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S. K. HENSLEY o EXECUTIVE OFFICE
P. K. SELBY V p 1109 DRESSERMMT
W.'1'. TUCKER °`urn 'wo3tibf RALEIGH,NC. 27609
OFFICE PHONE NO 919/8]53612
PAX NO_ 919/875 -3616
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State Board of Examiners of Plumbing, Heating
& Fire Sprinkler Contractors
Raleigh, N.C.
DATE: March 28, 2008
TO: Catawba County Inspection Dept
RE: Jerry O'Neal Hensley
License Number: 21607
MAR 3 1 2008
NG
1155 l
Enclosed you will find your copy of the RESOLUTION AGREEMENT
relative to Jerry O'Neal Hensley.
Should you have any questions, please call our office.
Sincerely,
Sharon R. Pittman
Legal Activities Coordinator
Enclosure
SRP /er
BOARD MEMBERS
T.G. PROIFif
J N. ROYAL
H.J. SUMMEY, JR.
R.M. BOONE
S.K. HPNSLEY
P.K. SELBY
VV T. TUCKER
OFFICERS
T. G. PROFFEE Clmirmm
H.1. SUMMEY, JR., vm, CMi—
P K. SELBY, Sene1ap-Tsrovnes
EXECUTIVE OFFICE,
1109 DRESSER COURT
RALEIGH. N.C276N
OFFICE PHONE N.: 919 / 875 -3612
FAX Na.: 919 / 875 -3616
www.nclicensingiorg
State Board of Examiners of Plumbing, Heating
& Fire Sprinkler Contractors
Raleigh, N.C.
November 27, 2007
Southern Air of Granite Falls
Attn: Jerry O'Neal Hensley II
2414 Connelly Springs Rd
Granite Falls, NC 28630
Re: RESOLUTION AGREEMENT
State Board of Examiners of Plumbing, Heating & Fire Sprinkler Contractors
Jerry O'Neal Hensley II License Number: 21607, H -3 -1
Dear Jerry Hensley:
The Resolution Review Committee has reviewed your signed Proposed
Resolution Agreement and complaint file and requested that I notify you of their findings.
In connection with the job at the following site: 5817 Long Shore Dr., Granite
Falls, NC, on or about May 25, 2005, and at 145 Greens Rd., Granite Falls. NC,
on or about early 2004, you failed to ensure proper system operation. (See
Exhibit A, Affidavit signed by Jerry O'Neal Hensley II on June 27, 2007).
The Committee recommended and you agreed in writing that the matter be
resolved as follows:
1. The license of Jerry O'Neal Hensley II, license number, number 21607, H -3 -I,
and that of the firm, Southern Air of Granite Falls, shall be placed on
supervised probation for a period of one (1) year, beginning after approval by
the Board.
2. During the probation the licensee shall:
a) Reimburse the homeowners, John and Julie Temple, in the amount
of Eleven- thousand, three - hundred, eighty-three dollars
($11,383.00) per their request to contract with the firm of their
choice to replace the oversized equipment, and to have
modifications performed on the other two systems in the home;
b) Pay another contractor of my choice to return to the home of
Joseph Cohen, located at 145 Greens Road, Granite Falls, NC, to
install zoning equipment and controls to serve the upstairs bonus
room;
c) Assure that all permits are obtained prior to commencing work for
all jobs that require a license from the Board and maintain a copy
of all permits in job files forjobs contracted or installed;
d) Assure that requests for all inspections are made within ten (10)
days of substantial completion of all phases of work;
e) Assure that all jobs pass the first inspection at least 80% of the
time;
f) Assure that all failed inspections shall have the code violations
corrected and a request for re- inspection shall be made within five
(5) days of all failed inspections;
g) Assure that all final inspections are received in a timely manner;
h) Perform load calculations on all jobs where gas furnaces, heat
pumps, air handlers or condensing units are installed or replaced
and maintain a copy of all load calculations in job files;
i) Perform duct designs on all jobs where gas furnaces, heat pumps,
air handlers or condensing units are installed or replaced, whether
connected to new or existing duct systems, and maintain a copy of
all duct designs in job files;
j) Assure that all systems installed shall maintain the required
maximum temperature difference of 4 degrees between floors and
room to room;
k) Perform a room by room load calculation and test to verify that the
correct CFM's are being achieved for this job;
1) Maintain written contracts on all installations that require a license,
which contracts shall be signed by both the licensee and the
homeowner and/or general contractor prior to commencing work
and maintain a copy of all contracts in job files for jobs contracted
or installed;
m) Ensure that all changes in contracts shall be documented through
written change orders signed by both the licensee and the
homeowner and/or general contractor prior to commencing the
agreed changes;
n) Maintain a service log of all contracts and service calls listing date
of initial call, homeowner names, job address, date of first
response and reason for service;
o) Maintain job files of contracts made and installations performed;
p) Licensee agrees that his record and the records of the company
shall be available for review by the Board's staff any time during
normal working hours;
q) Personally and thoroughly review all phases of work to assure that
all installations meet or exceed the minimum standard of the North
Carolina State Code prior to all inspection requests; and,
r) Commit no further violation of Article 2, Chapter 87 or Rules of
the Board with regard to any qualification administered by the
Board.
3. In the event that the licensee, Jerry O'Neal Hensley, fails to comply with the
terms of the probation, then his license shall be suspended for a period of
three (3) months.
4. See Exhibit A, Affidavit signed by Jerry O'Neal Hensley on June 27, 2007.
A copy of the signed Proposed Resolution Agreement is attached to this letter. If
you no longer want to resolve the matter this way, keep reading.
This is a proposal for a final agency decision. Under Chapter 150B of the General
Statutes, you have a right to request a hearing before the Board by notifying the Board of
your request in writing within 30 days of the date of this letter. If you do request a
hearing, then the Board will consider the matter all over again, and the statements made
or results of your conference with the Review Committee will not be known to or
considered by the Board. The members of the Review Committee would not participate
in such a hearing.
If you do not contact the Board within 30 days and make your objection known,
then this proposed agreement will be placed on a consent agenda, and the Board will be
requested to give final approval of this action. You will be told of the Board action. The
terms set out above are not final until approved by the Board. In the event of a change of
circumstance or additional complaints, the proposed agreement may not be presented to
the Board.
The address and telephone number for the Board appears on this letter.
Sincerely,� i --
Dale L. Dawson
Executive Director
DLD /srp
Enclosure