Petitioner, Florida Board of Professional Engineers, is charged with regulating the practice of engineering pursuant to Chapter 455, Florida Statutes, This complaint is filed by the Florida Engineers Management Corporation (FEMC) on behalf of Petitioner. FEMC is charged with providing administrative, investigative, and prosecutorial services to the Florida Board of Professional Engineers pursuant to Section 471.038, Florida Statutes (1997).
Respondent is, and has been at all times material hereto, a licensed professional engineer in the State of Florida, having been issued license number PE 40904. Respondent's last known address is Benjamin Towers, 250 S8 Street N, Apt. 805, St. Petersburg, FL 33710.
On September 13, 2011 Respondent sealed, signed and dated three pages of
engineering design documents (Sheets A-1> A-2 and A-3) for an aluminum swimming pool
screen enclosure structure to be located at 8538 SW 135th Street, Ocala, Fl, (Dunaway Project).
Respondent's engineering documents (Sheet A-1, A-2 and A-3) for the Dunaway Project arc materially deficient by failing to comply with Sections 106.1.1 and 1603.1 of the 2007 Florida Building Code (FBC} and Rule 61015-30.003(1) and 61G15-31.002(5) as follows:
The height (dimension) of the gable rise is not indicated.
The connection for the ends of the roof bracing is not detailed. The reference of "Similar to detail C/A2" in the notes on Sheet A-1 is not sufficient to describe and detail the connection as the conditions are not similar.
The size and section of the corner columns is not indicated on the drawing.
The alloy of the clip angle at the shoulder connection detail (Section D/A2) is not
specified.
In additio Respondent failed to design the elements of the subject screen enclosure in accordance with the strength requirements of Section 1604.2 of the 2007 FBC as follows:
The 2x6S.MB roof heam elements are overstressed at code prescribed design loading.
The 2x.4SMB colwnn elements are overstressed at code prescribed design loading.
FBPE YS. Scott Campbell, P.E., Cese No. 2011055041
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The capacity of the fasteners at the shoulder connection is exceeded at design
loading.
The Board has adopted Responsibility Rules of Professional Engineers (Responsibility Rules). These Ru]es are contained in Chapter 61015-30 to Chapter 61Gl5-36, Fla. Administrative Code, Professional Engineers who perform services covered by the Responsibility Rules are required to comply with the Rules.
Rule 61O1S-30.002(1), F, A. C., mandates that Respondent, as the structural engineer of record, is professionally responsible for the documents (Sheets A-1, A·2 and A-3) prepared for the Dunaway Project. As such, Respondent is responsible for producing documents that comply with the applicable portions of the Responsibility Rules.
Respondent acted as Engineer of Record for the Structure for the Dunaway Project as that tenn is defined in Rule 61G1S-31.002(1), F. A. C. As such all structural documents prepared, signed, sealed and dated by Respondent must contain the infonnation set out in Rule 61015-31.002(5), F. A. C., as is mandated by Rule 61015-31.001, F. A. C., setting out the General Responsibility standards for engineers designing structures. The structural documents for the Dunaway Project fail to contain this information and thus fail to comply with the Responsibility Rules.
Seotion 471.033(1)(g), Florida Statutes, provides that an engineer is subject to discipline for engaging in negligence in the practice of engineering. Rule 61Gl5-19.001(4), F. A. C., provides that negligence constitutes ••failure by a professional engineer to utilize due care in perfonning in an engineering capacity or failing to have due regard for acceptable standards of engineering principles.''
FBPEvs.ScoltC111npbcll, P.f.,,CllllCNO. 2011055041
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Rule 61G15-19.001(4) also provides that "[f]ailure to comply with the procedures set forth in the Responsibility Rules as adopted by the Board of Professional Engineers shall be considered as non-compliance with this section unless the deviation or departures therefrom are justified by the specific circumstances of the project in question and the sound professional judgment of the professional engineer."
The Respondent's drawings (Sheets A-1, A-2 and A-3) for the Dunaway Project contain deficiencies including; but not limited to, those set forth in Paragraphs 4 and 5. Respondent violated the provisions of Section 471.033(l)(g), Florida Statutes, and Rule 61015· 19.001(4), Ji'. A. C., by sealing, signing and dating engineering documents that were issued and filed for public record when such documents were materially deficient in respect to and not in compliance with applicable code requirements or acceptable engineering principles.
Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, and Rule 61Gl 5 19.001(4) 1 F. A. C., by being negligent in the practice of engineering.
