STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA CONSTRUCTION INDUSTRY ) LICENSING BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 79-018

)

DAVID H. HAMILTON, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Michael R.N. McDonnell, Hearing Officer for the Division of Administrative Hearings, at 9:00 a.m., on August 14, 1979, in Room 297, Federal Building, U.S. Courthouse, 80 North Hughey, Orlando, Florida.

APPEARANCES

For Petitioner: Barry Sinoff, Esquire

2400 Independent Square

Jacksonville, Florida 32202

For Respondent: Raymond E. Cramer, Esquire

Post Office Box 697

St. Cloud, Florida 32769

The Florida Construction Industry Licensing Board (hereafter Board) seeks to suspend the residential contractors license of Respondent, David H. Hamilton (hereafter Hamilton) for two alleged violations of Florida Statutes. The first, that Hamilton willfully or deliberately disregarded and violated applicable building codes and second, that disciplinary action was taken against Hamilton by Lake County.

FINDINGS OF FACT

1. At all times pertinent to these proceedings, Hamilton held registered residential contractors license number RR0015037. Hamilton agreed to construct a house in Clearmont, Florida, with a completion date no later than May 1, 1977, for Robert J. and Margaret M. Phlepsen. The construction price was $75,000.00. After construction of the house it was discovered that there existed two violations of the Southern Building Code. First, the "step-down" from the kitchen to the garage was an eleven inch riser contrary to the code requirement that the height of a riser shall not exceed seven and three quarters inches.

   The second violation occurred through the use of 2 X 8 joists where the code would require 2 X 10 joists.

   
   

2. The extra high riser between the kitchen and the garage was apparently caused by an oversight. Hamilton merely failed to install an intermediate step

   at that location. The second violation occurred because the owner and Hamilton agreed to use the smaller joists in order to save money on the contract price. In neither case is there sufficient evidence to establish that Hamilton's violations were willful or deliberate as alleged in the Administrative Complaint.

   
   

3. On June 6, 1978, the Lake County Board of Examiners suspended Hamilton's Lake County Certificate of Competency because of violations of building code requirements in the construction of Phlepsen's house.

   
   

   CONCLUSIONS OF LAW

   
   

4. Hamilton is charged with violating Section 460.112 (2)(a), Florida Statutes, which prohibits the willful or deliberate disregard and violation of the applicable building codes or laws of the State or any municipalities, cities or counties thereof. The evidence fails to sustain the charge since no finding of willful or deliberate disregard can be made under the evidence.

   
   

5. Hamilton is also charged with violating Section 468.112(2)(f), which provides for administrative sanctions by the Florida Construction Industry Licensing Board if disciplinary action by any municipality, city or county is taken against a contractor. Because Hamilton's Certificate of Competency was suspended by the Lake County Board of Examiners, the evidence supports the second charge. It is, therefore,

RECOMMENDED that the Board suspend the registered residential contractors license issued to Hamilton until such time as his Lake County Certificate of Competency is reinstated by the Lake County Board of Examiners. Because there is no evidence of willful or deliberate conduct, it is RECOMMENDED that no further action be taken.

DONE and ENTERED this 2nd day of November, 1979, in Tallahassee, Florida.

MICHAEL R. N. MCDONNELL

Hearing Officer

Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Barry Sinoff, Esquire 2400 Independent Square

Jacksonville, Florida 32202

Raymond E. Cramer, Esquire Post Office Box 697

St. Cloud, Florida 32769

Docket for Case No: 79-000018

Orders for Case No: 79-000018