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Board halves administrative discretion and reduces IDEXX penalty for minor electrical work to twice the fee
Summary
IDEXX Global Services appealed a DBI penalty after installing a receptacle; the company argued a permit was not required for the device and that staff told them to pull a permit to avoid an NOV; the Board reduced the penalty to two times the regular fee by a 4–1 vote.
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The Board of Appeals reduced an investigation penalty imposed on IDEXX Global Services for electrical work done at a commercial space, concluding that the contractor had a reasonable basis to believe a permit was not required and had sought a permit when asked.
Grant Morris, an officer of IDEXX, said the crew found an existing branch circuit and installed a receptacle device; he told the board the company believed no permit was required for that scope and that they pulled a permit after the inspector raised concerns. "We did not feel that a permit was required for the scope of the work," Morris said. He added that the company immediately sought to resolve the matter when directed and that the work was minor.
Lawrence Kornfield, DBI, said the installation constituted the creation of a new receptacle where none had been active and that a permit was required. "No permit is required to change a receptacle, but this is actually the installation of one where there previously had not been one and a permit is in fact required for that," Kornfield said.
After discussion about administrative consistency and the department's intent to enforce penalties uniformly, the Board voted 4 to 1 to reduce the penalty to two times the regular fee, the minimum the Board could impose in this case.
The department emphasized it seeks consistent enforcement; the Board's reduction reflects in-part the contractor's prompt efforts to obtain a permit and the limited scope of work.
