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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BUILDING CODE ADMINISTRATORS AND INSPECTORS vs LINDA MARY CARNLEY, 00-003639PL (2000)

Court: Division of Administrative Hearings, Florida Number: 00-003639PL Visitors: 13
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BUILDING CODE ADMINISTRATORS AND INSPECTORS
Respondent: LINDA MARY CARNLEY
Judges: CHARLES C. ADAMS
Agency: Department of Business and Professional Regulation
Locations: Shalimar, Florida
Filed: Sep. 01, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 12, 2001.

Latest Update: Dec. 25, 2024
UY YW % VA ‘ STATE OF FLORIDA .) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI yO Oo BUILDING CODE ADMINISTRATORS AND INSPECTORS B bi. By ; WN si, 8 DEPARTMENT OF BUSINESS . IniRges AND PROFESSIONAL REGULATION NGS Petitioner, DBPR CASE NUMBER 99-01319 VS. LINDA MARY CARNLEY, Respondent. / TRATLV. P COMES NOW, Department of Business and Professional Regulation, hereinafter referred to as “Petitioner”, and files this Administrative complaint against LINDA MARY CARNLEY, 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 in the state of Florida having been issued license number BN0000869. 3. Respondent’s last known address is 409 Verb Street, Fort Walton Beach, Florida 32547. 4. 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 , YW : WY examinations whether the construction indicated and described is in accordance with the requirements of the technical codes and all other pertinent laws or ordinances. 5. Standard Building Code, Section 104.4.1 Action on permits, provides in part: tee If the building official is satisfied that the work described in an application for a permit and the contract documents filed therewith conform to the requirements of the technical code and other pertinent laws and ordinances, he shall issue a permit to the applicant. 6. Section 468.604(1)(a), Florida Statutes, provides in part that “[t]he construction plans must be reviewed before issuance of any building, system installation, or other construction permit.” 7. On or around October 16, 1998, William Carrin (hereinafter “Carrin”) applied to the City of Fort Walton Beach Building Department for a permit for “re-roof & siding vinyl (cover existing) (adding pitch) metal” for an estimated value of ten thousand dollars ($10,000) for a project located at 378 Okaloosa Road NE. 8. At all times material hereto, Carrin was not licensed, registered, certified, or otherwise properly qualify to perform roofing construction in the State of Florida. 9. Atall times material hereto, Carrin was not licensed as a specialty structure contractor in the State of Florida to perform the work described in the permit application. 10. Respondent, and another inspector, Robert Iversen (hereinafter Iverson”), reviewed Carrin’s application for a permit and the hand prepared sketch drawings, and requested that Carrin submit a set of detailed drawings that specified the nature the work to be performed. 11. Carrin submitted a set of generic drawings, signed and sealed by a registered Florida engineer, Lawrence Bennett, PE (hereinafter “Bennett”), that were sold in packages to aluminum suppliers. 12. On or around October 19, 1998, City of Fort Walton Beach issued permit number ° U Nw] 99-96 to Carrin for a residential re-roof at 378 Okaloosa Road N.E.. 13. At no time material hereto, did the City of Fort Walton Beach plans examiner review the plans engineered by Bennett for compliance with the code. , 14, On or around November 10, 1998, Respondent and Iverson proceeded with a framing inspection for permit number 99-96 at 378 Oakaloosa Road NE without approved plans. 15. After rejecting the framing inspection, Respondent and Iverson required the contractor to install additional bracing on end wall and to provide additional protection against rain penetration. 16. The plans did not require additional bracing on end wall or additional protection against rain penetration. 17. Respondent and Iverson altered the structural design by requiring the additional bracing and additional protection against rain penetration, without prior approval of the engineer of records. 18. Altering structural design without prior approval from the engineer of records constitutes negligence resulting in a significant danger to life and property. 19. Proceeding with the inspections in the absence of the approved plans constitutes negligence resulting in a significant danger to life and property. 20. Based upon the foregoing, Respondent violated Section 468.621(1)(g), Florida Statutes (1999), by failing to properly enforce applicable building codes by committing willful misconduct, gross negligence, gross misconduct, repeated negligence, or negligence resulting in a significant danger to life or property. WHEREFORE, Petitioner requests the Building Code Administrators and Inspectors Board enter a final order imposing one or more of the following penalties: revocation or . U o 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 appropriate. re SIGNED this 26 dayof > vac 2000. Cynthia A. Henderson Secretary By: Dacvitch KOM face ue COUNSEL FOR THE DEPARTMENT F | | F D Dorothy Trzeciecka Assistant General Counsel Department of Business and Professional Regulation Department of Business DEPUTY CLERK and Professional Regulation , 10 Noch om care Bradt ichels (850) 410-1164 DATE © -24 “ALCO DT 0/27/1999 bree o3/os/00 DATE: Bertolami & Moan}

Docket for Case No: 00-003639PL
Issue Date Proceedings
Jan. 12, 2001 Order Closing File issued. CASE CLOSED.
Jan. 10, 2001 Motion to Relinquish Jurisdiction without Prejudice (filed via facsimile).
Jan. 08, 2001 Respondent Carnley`s Notice of Filing Returns of Service filed.
Jan. 02, 2001 Letter to DOAH from S. Coxwell In re: request for subpoenas (filed via facsimile).
Dec. 22, 2000 Notice of Service of Petitioner`s Answers to Respond net`s First Set of Interrogatories (filed via facsimile).
Dec. 13, 2000 Respondent Carnley`s Notice of Serving Answers to DBPR`s First Set of Interrogatories filed.
Nov. 21, 2000 Respondent Carnley`s First Request for Admissions to DBPR filed.
Nov. 21, 2000 Respondent Carnley`s First Request for Production to DBPR filed.
Nov. 21, 2000 Notice of Service of Respondent Carnley`s First Set of Interrogatories to DBPR filed.
Nov. 15, 2000 Notice of Substitution of Counsel (filed by R. Crabill via facsimile).
Nov. 07, 2000 Respondent Carnley`s Objection to DBPR`s First Set of Interrogatories filed.
Nov. 02, 2000 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for January 16, 2001; 10:00 a.m.; Shalimar, FL).
Oct. 30, 2000 Joint Motion for Continuance (filed via facsimile).
Oct. 02, 2000 Petitioner`s Notice of Propounding Interrogatories to Respondent (filed via facsimile).
Sep. 14, 2000 Order of Pre-hearing Instructions issued.
Sep. 14, 2000 Notice of Hearing issued (hearing set for November 8, 2000; 10:00 a.m.; Shalimar, FL).
Sep. 05, 2000 Initial Order issued.
Sep. 01, 2000 Linda Carnley`s Answer and Affirmative Defenses to the Administrative Complaint filed.
Sep. 01, 2000 Election of Right filed.
Sep. 01, 2000 Administrative Complaint filed.
Sep. 01, 2000 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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