WU Ne, - Zr, 7 oo 4 fry STATE OF FLORIDA Kp ow DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIO yY i QO BUILDING CODE ADMINISTRATORS AND INSPECTORS BOAR, ty 5 oie, : MY Sig: 83 DEPARTMENT OF BUSINESS AND Ky, Ry Os PROFESSIONAL REGULATION, Ney Petitioner, vs. Case No. 99-00266 JOHN BERGSCHNEIDER, Respondent. / ADMINISTRATIVE: COMPLAINT COMES NOW, Department of Business and Professional Regulation, hereinafter referred to as "Petitioner", and files this Administrative Complaint against JOHN BERGSCHNEIDER, 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 administrators pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 468, Part Xll, Florida Statutes. 2. Respondent is and has been at ail times material hereto, a licensed building code administrator in the State of Florida, having been issued provisional license number PBC 0000046. 3. Respondent's last known address is Post-Office Box 4009, Fort Walton Beach, Florida 32549. COUNT I 4. Petitioner realleges and incorporates the preceding paragraphs in this Count | of this Administrative Complaint. 5. 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. 6. 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. 7. Section 468.604(1)(a), Florida Statutes, provides that “the construction plans must be reviewed before issuance of any building, system installation, or other construction permit.” 8. At all times material hereto, Respondent was employed by the City of Fort Walton Beach as a building official. 9. On or about October 16, 1998, William Carrin (hereinafter “Carrtin”) 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. 10. At all times material hereto, Carrin was not licensed, registered, certified, or otherwise properly qualified to perform roofing construction in the State of Florida. YU Y 11. 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. 12. Two City of Fort Walton Beach inspectors, Linda Mary Carnley and Robert Iversen, reviewed Carrin’s application for a permit and the hand prepared sketch drawings submitted with it, and requested that Carrin provide a set of detailed drawings that specified the nature of the work to be performed. 13. Carrin submitted a set of generic drawings, signed and sealed bya registered Florida engineer, Lawrence Bennett, PE (hereinafter “Bennett’), that were sold in packages to aluminum suppliers. 14. On or around October 19, 1998, the City of Fort Walton Beach issued permit number 99-96 to Carrin for a residential re-roof at 378 Okaloosa Road N.E. 15. Atno time material hereto, did Respondent, or the City of Fort Walton Beach plans examiner, review the drawings engineered by Bennett for compliance with the code. 16. Respondent issued, or caused to be issued, permit number 99-96 for 378 Okaloosa Road N.E. without prior approval of construction drawings prepared by Bennett. 17. Failure to review plans for compliance with the applicable building code constitutes negligence resulting in a significant danger to life and property. 18. Failure to review plans prior to the issuance of the permit for the work described in the plans constitutes negligence resulting in a significant danger to life and property. U Y 19. 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.” 20. Based upon the foregoing, Respondent violated Section 468.621(1)(g), Florida Statutes (1999), 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. COUNT 21. Petitioner realleges and incorporates the preceding paragraphs in this Count II of this Administrative Complaint. 22. Section 468.604(1)(a), Florida Statutes, states: (1) It is the responsibility of the building code administrator or building official to administrate, supervise, direct, enforce, or perform the permitting and inspection of construction, alteration, repair, remodeling, or demolition of structures and the installation of building systems within the boundaries of their governmental jurisdiction, when permitting is required, to ensure compliance with building, plumbing, mechanical, electrical, gas fuel, energy conservation, accessibility, and other construction codes which are required or adopted by municipal code, county ordinance, or state law. The building code administrator or building official shall faithfully perform these responsibilities without interference from any person. These responsibilities include: (a) The review of construction plans to ensure compliance with all applicable codes. The construction plans must be reviewed before the issuance of any building, system installation, or other construction permit. The review of construction plans must be done by the building code administrator or building official or by a person having the appropriate plans examiner license issued under this chapter. . Y rw) 23. Respondent failed in his responsibilities as a building official when he failed to review the construction plans to ensure compliance with the building codes adopted by the City of Fort Walton Beach. 24. Respondent failed in his responsibilities as a building official when he failed to review the construction plans prior to the issuance of the permit. 25. Based upon the foregoing, Respondent violated Section 468.621(1)(a), Florida Statutes (1999), by failing to comply with Section 468.604(1). 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. ro Signedthis_ 4° — dayof_Dv nt , 2000. FILED —, ¢ Department of Business and Professional Regulation 2 > De mye . DEPUTY CLERK Seow By: David K. Minacci cure tard Vuicoly Lead Professions Attorney DATE -22-2000 VY COUNSEL FOR DEPARTMENT: Dorothy Trzeciecka Senior Attorney Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399 (850) 410-1164 Case # 99-00266 Joma PCP: Bertolami and Mount Date: March 5, 2000

Docket for Case No: 00-003641PL