Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BUILDING CODE ADMINISTRATORS AND INSPECTORS
Respondent: ROBERT C. IVERSEN
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. 23, 2024
WU Y
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI
BUILDING CODE ADMINISTRATORS AND INSPECTORS BOAR’ by oO Gy
DEPARTMENT OF BUSINESS AND ye ¢
PROFESSIONAL REGULATION, SVE
Petitioner,
vs. Case No. 99-00270
ROBERT C. IVERSEN,
Respondent.
|
ADMINISTRATIVE COMPLAINT
COMES NOW, Department of Business and Professional Regulation, hereinafter
referred to as "Petitioner", and files this Administrative Complaint against ROBERT C.
IVERSEN, 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 building code
inspectors pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 468,
Part XIl, Florida Statutes.
2. Respondent is and has been at all times material hereto, a licensed
building code inspector in the state of Florida, having been issued license number BN
0001176.
3. Respondent's last known address is 107 Miracle Strip Parkway SW, Fort
Walton Beach, Florida 32549.
U UY
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, specifications, 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.
5. Section 104.4.1, Standard Building Code, Action on permits, provides in
pertinent part:
... 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 about October 16, 1998, William Carrin (hereinafter “Carrin’) applied
to the City of Fort Walton Beach for a permit for “re-roof and 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 N.E.
8. At all times material hereto, Carrin was not licensed, registered, certified,
or otherwise properly qualified to perform roofing construction in the State of Florida.
9. At all 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, Linda Mary Camley (hereinafter
referred to as “Carnley”), reviewed Carrin’s application for a permit and the hand
YU UY
prepared sketch drawings submitted with it, and requested that Carrin submit a set of
detailed drawings that specified the nature of the work to be performed.
11. Carrin submitted a set of generic drawings, signed and sealed by a
registered Florida engineer, Lawrence Bennett, P.E. (hereinafter “Bennett”), that were
sold in packages to aluminum suppliers.
412. Onor around October 19, 1998, the City of Fort Walton Beach issued
permit number 99-96 to Carrin for a residential re-roof 378 Okaloosa Road N.E.
13. Atno time material hereto, did the City of Fort Walton Beach plans
examiner review the plans engineered by Bennett for compliance with the code.
14. Onor around November 10, 1998, Respondent and Carnley proceeded
with the framing inspection for permit number 99-96 at 378 Okaloosa Road NE, without
approved plans.
15. After rejecting the framing inspection, Respondent and Carnley 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 Carnley altered the structural design by requiring
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 engineers of
record constitutes negligence resulting in a significant danger to life and property.
19. | Proceeding with the inspections in the absence of approved plans
constitutes negligence resulting in a significant danger to life and property.
20. Section 468.621(1)(g), Florida Statutes, provides in pertinent part, "(1)The
following acts constitute grounds for which disciplinary actions may be taken: (g) 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.” .
21. 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 respectfully 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 appropriate.
Signed this_ 26 TY day of vac 2000.
FILED
Department of Business and Professional Regulation
DEPUTY CLERK
_, Wflached DSL ¢72
By: David K. Minacci
Lead Professions Attorne’
oate_(-24-2000 Y
COUNSEL FOR DEPARTMENT:
Dorothy Trzeciecka
Senior Attorney
Department of Business and
Professional Regulation
1940 North Monroe Street
Tallahassee, FL 32399
(850) 410-1164
Case # 99-00270
Jonn
PCP: Bertolami and Mount
Date: March 5, 2000
Docket for Case No: 00-003640PL
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 Iversen`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 Inversen`s Notice of Serving Answers to DBPR`s First Set of Interrogatories filed. |
Nov. 21, 2000 |
Respondent Iversen`s First Request for Admissions to DBPR filed. |
Nov. 21, 2000 |
Respondent Iversen`s First Request for Production to DBPR filed. |
Nov. 21, 2000 |
Notice of Service of Respondent Iversen`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 Averse`s Objections 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 |
Robert C. Inversen`s Answer and Affirmative Defenses to the Administrative Complaint filed.
|
Sep. 01, 2000 |
Election of Rights filed.
|
Sep. 01, 2000 |
Administrative Complaint filed.
|
Sep. 01, 2000 |
Agency referral filed.
|