oe) ro) STATE OF FLORIDA 8 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BUILDING CODE ADMINISTRATORS AND INSPECTORS BOA: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, DBPR CASE NUMBER 98-07077 vs. MICHAEL ROBERT DLOUBY, Respondent. ; O O- 3/ WU f Le ADMINSTRATIVE COMPLAINT COMES NOW, Department of Business and Professional Regulation, hereinafter referred to as “Petitioner”, and files this Administrative complaint against Michael Robert Diouhy, hereinafter referred to as “Respondent”, before the Building Code Administrators and Inspectors Boaré, 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 was not a licensed building inspector in Florida prior to November 14 > 1995. 3. Respondent received his provisional building inspector’s license on November 14, 1995, license number IP0000237. 4. On or around September 30, 1996, Respondent received a standard certificate in the category of a building inspector in the State of Florida, license number BN0002722. 5. Respondent’s last known address is 19108 Powell Road, Brooksville, Florida 34609. VY 6. Petitioner realleges and incorporates the preceding paragraphs as if fully alleged in this Count I. Y ~ COUNTI 7. Section 468.609, Florida Statutes provides in part: (4) No person may engage in the duties of a building code administrator, 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. 8. Respondent performed and approved the following inspections on the new construction project located at 2427 Summerset Lane, Spring Hill, Florida, permit number 1007052: October 24, 1995 October 25, 1995 November 7, 1995 November 17, 1995 December 27, 1995 December 29, 1995 February 1, 1996 slab inspection slab inspection lintel inspection sheathing inspection framing inspection insulation inspection final building inspection. 9. At the time Respondent performed slab inspection on October 24 and 25, 1995, Respondent was not a certified building inspector in the State of Florida pursuant to Part XII, Chapter 468 Florida Statutes. A wy) wr) 10. At the time Respondent performed lintel inspection on November 7,, 1995 ; Respondent was not a certified building inspector in the State of Florida pursuant to Part XII, Chapter 468 Florida Statutes, 11. Respondent performed the duties of an inspector without valid certification issued by the Building Code Administrators and Inspectors Board in violation of Section 468.609(4), Florida Statutes. 12, Based on the foregoing, Respondent violated Section 468.621(1)(a), Florida Statutes by violating or failing to comply with Section 468.609(4), Florida Statutes. COUNT II 13. Petitioner realleges and incorporates the preceding paragraphs as if fully alleged in this Count IL 14. Standard Building Code, Section 1601.2 Structural Safety provides that: 1601.2.1 Every building and structure shall be of sufficient strength to support the loads and forces encountered, or combination thereof, without exceeding in any of its structural elements the stresses prescribed elsewhere in this code. 15. Standard Building Code, Section 1606 Wind Loads provides in part: All buildings, structures and parts thereof shall be designed to withstand the appropriate wind loads prescribed herein. 16. 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. VU YY 17. Standard Building Code, Section 106.1. Certificate of Occupancy, provides the following: 106.1.2 Issuing Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the technical codes, reviewed plans and specifications, and after final inspection, the building official shall issue a certificate of occupancy stating the nature of the occupancy permitted, the number of persons for each floor when limited by law, and the allowable load per square foot for each floor I accordance with the provisions of this code. 18. On or around October 25, 1995, Hernando County Development Department, Building Division, approved the plans, with no revisions noted, for construction of a new residence located at 2427 Summerset Lane, Spring Hill, Florida, permit number 1007052, and ascertained by its approval that the proposed construction was in accordance with the | requirements of the technical codes and all other pertinent laws and ordinances, including the structural safety and wind load provisions of the Standard Building Code. | 19. On February 1, 1996, Hernando County Development Department, Building Division, issued Certificate of Occupancy for permit number 1007052 at 2427 Summercrest Lane in Spring Hill, Florida, thereby certifying that the structure was satisfactorily completed, and that installation of electrical, gas, mechanical, and plumbing system was in accordance with the technical codes, approved plans, and specifications. | 20. Subsequent inspection of the residence by Wilbur T. Yaxley, a Florida registered engineer and the Department expert witness, revealed the following departures from the approved plans and the Standard Building Code: - Chimney construction above the roof has not been sufficiently attached to the structure to prevent serious damage and detachment during the hurricane. 1 WU ar The chimney was nailed to the plywood roof sheathing with nails. This construction did not meet the Standard Building Code wind load requirements. : Gable ends were not framed in accordance with the approved and permitted plans. - X bracing was not installed as detailed on the plans. X bracing was attached with two nails of unknown size; the detail notes on the drawings required 3-10d Nails at all locations. - The x bracing did not run to the top of the truss center web member, as detailed Of the plans. The x bracing for restraining the continuous lateral bracing has not been installed as detailed on the truss shop drawings, - The bracing, below the top chord, noted on detail Sheet S of the approved plans, has not been installed. - The bottom chord bracing, noted on detail Sheet S of the approved plans has not/been completely installed. - The Continuous Lateral Bracing, CLB, has not been tied and cross braced in accordance with the detail shop drawings from the truss manufacturer. - A vent from the Master bathroom was not vented to the exterior of the building as required by the Standard Building Code. 21. Respondent failed in performance of his duties as a building inspector, in that the construction of the new residence at 2427 Summercrest Lane in Spring Hill, Florida did not conform to the approved and permitted plans. U od "22. Respondent failed in performance of his duties as a building inspector, in that the construction of the new residence at 2427 Summercrest Lane in Spring Hill, Florida did not conform to structural safety and wind load provisions the Standard Building Code. 23. Respondent’s failure to ensure that the structure was built in accordance with the Standard Building Code and the approved plans and specifications constitutes negligence resulting in the significant danger to life and property. | | 24. Based on the foregoing, Respondent violated Section 468.621(1)(g), Florida Statutes, © by committing negligence resulting in the significant danger to life and property by failure to enforce applicable building codes. COUNT III 25. Petitioner realleges and incorporates the preceding paragraphs as if fully alleged in this Count IIL 26. Section 468.604(2), Florida Statutes, provides in part: It is the responsibility of the building code inspector to conduct inspections of | construction, alteration, repair, remodeling, or demolition of structure and the installation of building systems, when permitting is required, to ensure romplianbe . with the building, plumbing, mechanical, electrical, gas fuel, energy conservation, accessibility, and other construction codes required by municipal code, country ordinance, or state law. ; 27. Based on the foregoing, Respondent violated Section 455.227(1)(k), Florida Statutes, by filing to perform any statutory or legal obligation placed upon a licensee. 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, restriction of practice, imposition of an administrative fine not to exceed $5,000 for each count or separate offense, issuance of a reprimand, placement of UY Nw Respondent on probation, corrective action pursuant to Section 455.227(2) and 468.621(2), Florida Statutes, and/or any other relief that the Board deems appropriate. A, SIGNED this 26° — day of eac 2000. COUNSEL FOR THE DEPARTMENT Dorothy Trzeciecka Assistant General Counsel Depariment of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 (850) 410-1164 DT 06/19/2000 pcp: bechkrit + Mout DATE: 5-/7-2000 4 Cynthia A. Henderson Secretary DY yo By: Da vied kK. Mrawces aw 7 », DEPARTWENT OF BUSINESS & PROFESSIONAL REGULATION EG op Michael Robert Dlouhy ° aes ve 2 19108 Powell Road Coe - Or. Brooksville, FL 34609 Re: Case No: 98-07077 SERVICE OF ADMINISTRATIVE COMPLAINT Dear Mr. Dlouhy: This is to inform you that probable cause has been found to believe of the Florida Building Code Administration and Inspection Statutes. The with this letter contains the formal charges filed against you. Receipt of th upon you. that you violated certain provisions Administrative Complaint enclosed ese documents constitutes legal service The options available to you under Florida law are as follows: (a) Choose not to dispute the material facts alleged and request a hearing before the Board which will only hear evidence regarding the conclusions of law and the penalty for violations; or (b) Dispute the material facts alleged and request a hearing before an administrative law judge with the Division of Administrative Hearings; or (c) Waive your right to either type of hearing and put yourself completely at the Board’s discretion; or (d) Execute the enclosed Settlement Stipulation You must respond by selecting one of the options and forwarding the executed Election of Rights form to this office within 21 days of your receipt of this letter. Failure t6 respond within the 21 day period may be deemed a waiver of the rights outlined above, and the Department may proceed against you by default. Si orothy Trzediecka Senior Attorney ATTCHS: Administrative Complaint; Election of Rights Form; Settlement Stipulation ce: Robert Bruce Snow, Esquire 20 North Main Street, Room 462 Brooksville, Florida 34601-2850 ‘Note that you may be contacted by any number of against you are a public matter and must be released up means available to you. However, neither this depa contact by: legal representatives outside department: private attorneys in regards to this action as the formal charges being brought on request. It may be in your best interest to seek legal counsel by whatever rtment nor the Board has sought counsel on your behalf. Be aware that wy al or board staff has not been instigated by this office. : OFFICE OF THE GENERAL COUNSEL NORTHWOOD CENTRE - 1940 NORTH MONROE STREET - TALLAHASSEE, FLORIDA 32399-2202 Telephone (850) 488-0062 « Fax (850) 414-6749

Docket for Case No: 00-003196PL