UW ) STATE OF FLORIDA eH ED DEPARTMENT OF BUSINESS AND PROFESSIONAL BUILDING CODE ADMINISTRATORS AND INSPECTO HET, l2: 54 IVES DEPARTMENT OF BUSINESS ADMINIS feat RATIVE AND PROFESSIONAL REGULATION HEARINGS Petitioner, a DBPR CASE NUMBER 98-17163 LO0- 2067 vs. HOWARD E. ELLIOTT, Respondent. / ADMINSTRATIVE COMPLAINT COMES NOW, Department of Business and Professional Regulation, hereinafter referred to as “Petitioner”, and files this Administrative complaint against HOWARD E. ELLIOTT, hereinafter referred to as “Respondent”, before the Building Code Administrators and Inspectors Board, hereinafter referred to as “Board”, and alleges: 1. Petitioner is the state agency charged with regulating the practice of building code administration pursuant to Section 20.165, chapter 455 and chapter 468, Part XII, Florida Statutes. 2. Respondent is and has been at all times material hereto, a licensed Building Inspector (Standard), Plans Examiner (Standard), Building Inspector (Limited), and Plans Examiner (Limited) in the state of Florida having been issued license number BN 0001567, PX 0000689, IL 0000572, and LP 0000386 respectively. Respondent’s last known address is 41 Werk Lake Court, Niceville, Florida 32578. UW o) COUNT I 3. Petitioner realleges and incorporates the preceding paragraphs as if fully stated herein. 4. Section 468.621(1)(a), Florida Statutes, provides that: (1) The following acts constitute grounds for which the disciplinary actions in subsection (2) may be taken: (a) Violating or failing to comply with any provisions of Part XII, Chapter 468, Florida Statutes, or a valid rule or lawful order of the board or department” is ground for discipline. 5. Section 468.629(1)(f), Florida Statutes, provides that: (1) No person may: (f) Threaten, coerce, trick, persuade, or otherwise influence, or attempt to threaten, coerce, trick, persuade, or otherwise influence, any certificate holder to violate any provision of __ this part. 6. Section 468.609, Florida Statutes provides in part: (4) No person may engage in the duties of a building code administrators, plans examiner , or inspector pursuant to this part after October 1, 1993, unless such person possesses one of the following types of certificates, currently valid, issued by the board attesting to the person’s qualifications to hold such position: (a) A standard certificate. (b) A limited certificate. (c) A provisional certificate. 7. On or around June 23, 1998, John Rogers filed a building permit application and a set of plans for a construction of a storage building/garage addition at 5788 Seminole Drive in Crestview, with the Okaloosa County Planning and Inspection Department Permitting Division in Crestview, Florida. ww VA 8. At all times materialhereto, Respondent was the chief building inspector and plans examiner for Okaloosa County Planning and Inspection Department. 9. On or around July 7, 1998, Respondent, personally telephoned Daniel Keith Godwin (hereinafter “Godwin”), an employee of the Okaloosa County Planning and Inspection Department, and directed Godwin to review the plans for the storage building/garage addition referenced in paragraph seven. 10. At no time material hereto, was Godwin properly licensed as plans examiner. Godwin’s provisional plans examiner’s license expired on July 2, 1998. 11. Respondent knew or should have known that, at the time of the plan review for 5788 Seminole Drive in Crestview, Godwin was not properly licensed as plans examiner. 12. Godwin performed the plan review as directed by Respondent. 13. On July 7, 1998, after Godwin’s review, Okaloosa County Planning and Inspection Department issued permit number 135078 for the storage building/garage addition at 5788 Seminole Drive in Crestview. 14. Based on the foregoing, Respondent violated Section 468.621(1)(a), Florida Statutes, by violating Section 468,629(1)(f), Florida Statutes, improperly influencing Godwin to violate Section 468.609(4), Florida Statutes. COUNT II 15, Petitioner realleges and incorporates the preceding paragraphs one, two, and seven through thirteen as if fully stated herein. 16. Section 468.621(1)(¢), Florida Statutes, provides that: (1) The following acts constitute grounds for which the disciplinary actions in subsection (2) may be taken: LU ww] (c) Knowingly assisting any person practicing contrary to the provisions of: 1. This part; or 2. the building code adopted by the enforcement authority of that person. 17. Section 468.609, Florida Statutes provides in part: (5) No person may engage in the duties of a building code administrators, plans examiner , or inspector pursuant to this part after October 1, 1993, unless such person possesses one of the following types of certificates, currently valid, issued by the board attesting to the person’s qualifications to hold such position: (d) A-standard certificate. (e) A limited certificate. (f) A provisional certificate. 18. Respondent knowingly assisted Godwin to practice plans examining contrary to the provisions of Section 468.609(4), Florida Statutes. 19. Based on the foregoing, Respondent violated Section 468.621(1)(c), Florida Statutes, by knowingly assisting any person practicing contrary to the provisions of Section 468.604(3), Florida Statutes. COUNT IM 20. Petitioner realleges and incorporates the preceding paragraphs one, two. 21. Section 468.621(1)(g), Florida Statutes, states the following: (1) The following acts constitute grounds for which the disciplinary actions in subsection (2) may be taken: (g) Committing willful misconduct, gross negligence, gross misconduct, repeated negligence, or negligence resulting in a significant danger to life or property by WY Y failure to properly enforce applicable building codes” constitutes grounds for discipline. 22. Section 104.3.1, Standard Building Code, provides the following: 104.3.1 Plan review The building official shall examine or cause to be examined each application for a permit and the accompanying documents, consisting of drawings, specification, computations and additional data, and shall ascertain by such - examinations whether the construction indicated and described is in accordance with the requirements of the technical codes and all other pertinent laws or ordinances. 23. Section 104.4, Standard Building Code, provides the following: 104.4,1 Action on Permits The building official shall act upon application for a permit without unreasonable or unnecessary delay. If the building official is satisfied that the work described in the application for a permit and the contract documents filed therewith conform to the requirements of the technical codes and other pertinent laws and ordinances, he shall issue a permit to the applicant. 24. On or around July 15, 1998, Northbay Fire Department delivered a set of plans for a fire sprinkler system for a shopping center located at 4550 Hwy 20 East, Niceville, Florida, to the Crestview office of the Okaloosa County Planning and Inspection Department, after the fire department approval. 25. On July 15, 1998, Respondent directed the permitting clerk to issue a permit for the fire sprinkler installation referred to in the preceding paragraph, without prior plan review for compliance with the applicable building codes.. 26, On July 15, 1998, Okaloosa County Planning and Inspection Department issued permit number 131249 for fire sprinkler system at the shopping center located at 4550 Hwy 20 East, Niceville, Florida. WW Nw] 27. Based on the foregoing, Respondent violated Section 468.621(1)(g), Florida Statutes, by committing negligence resulting in a significant danger to life or property by failure to properly enforce applicable building codes. WHEREFORE, Petitioner requests the Building Code Administrators and Inspectors Board enter a final order imposing one or more of the following penalties: revocation or suspension of Respondent’s license, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, and/or any other relief that the Board deems SIGNED this —3 pd day of Debs UG Li 1997 OOO Cynthia A. Henderson Secretary appropriate, « > Tom Thomas Chief Attorney FILED COUNSEL FOR THE DEPARTMENT Department of Business and Professianal Regulation Dorothy Trzeciecka CLERK Assistant General Counsel DEPUTY Department of Business MW 1D j LY and Professional Regulation : CLERK 1940 North Monroe Street DATE 2 - | U _ 2000 Tallahassee, Florida 32399-0792 (850) 410-1164 DT 01/20/2000 pcp: Meetylanui + (Mout DATE: valalag

Docket for Case No: 00-003069PL