Apex Plumbing hearing continued after contractor acknowledges permitting lapse; complainant says heater installation undersized

The Escambia County Contractor Competency Board continued the probable-cause hearing involving Brett Smith of Apex Plumbing LLC after the complainant said the installed tankless water heater was undersized and the contractor acknowledged permitting lapses and agreed to pursue permit payment.

Staff presented Complaint No. 250993COM filed Sept. 17, 2025, by Frank Janacek. Investigator Melissa Reber described submitted evidence including photos, proof of payment and permitting history showing a permit application more than five months after installation. Janacek told the board he consulted a mechanical engineer, who determined the newly installed unit was undersized for the home; Janacek stated in testimony: "I was undersized, and I should get the proper unit because I start out with a 199,000 BTU and I wound up getting a 150."

Brett Smith told the board there had been permitting oversights and that he had requested the permit but had not paid the fee; he offered to correct defects and to proceed with inspections if allowed back on the property. The board focused on permitting jurisdiction and the local enforcement question rather than performance or warranty disputes that could proceed in other forums.

Given the contractor's representations that he would pay outstanding permitting fees and arrange inspections, the board voted to continue the probable-cause matter to the next regular meeting on Feb. 4 to allow time for permit issuance and inspection scheduling. The continuance was made with the expectation staff would confirm payment and scheduling prior to the continued hearing.