“* Qan-O2-01 17:52 From-DANSCO ENGINEERING = STATE OF FLORIDA oF p MED FLORIDA ENGINEERS MANAGEMENT CORPORATION. “4? en a, ae Wns. Mee FLORIDA ENGINEERS Mj MANAGEMENT CORPORATION, CME ly Petitioner, v. FEMC Case No, 00-0063 | - P | IRWIN J. BENSON, P.B,, ’ Ol- 0293 PL * | Respondent. | / ADMINISTRATIVE COMPLAINT COMES NOW the Florida Engineers Management ‘Corporation, hereinafter referred to as “Petitioner,” and files this Administrative Compiaitit before the Board of Professional Engineers against Irwin J. Benson, P.B., hereinafter referred to as “Respondent”. This Administrative Complaint is isstied pursuant to Sections 120.60 and - 471.038, Florida S: tutes. Any proceeding conceming this complaint shall be conducted pursuant to Sect o.. 120.57, Florida Statutes, In support of this complaint, Petitioner alleges the following: 1 Petiticrer is charged with regulating the practice of engineering pursuant to Chapters 455 and Chapter 471 » Florida Statutes. 2. Respondent is and has been at all time material hereto a licensed professional engineer in the State of Florida, having been issued license number PE 49758. Respondent’s last known address is 5811 White Oak Bayou Court, Bradenton, Florida 34203. = nent ~ Jan-02-01 17:82 From-DANSCO E-GINEERING' 3, Respondent was retained by Regency Communities (0 perform a structural inspection of a roo: " franing system for code compliance for a single-family residence located in Springhill, Flo:.da. 4. + Ina ister dated and signed on August 19, 1998, Respondent and another engineer prepared a repo.t regarding their structural observation of the resident's Permanent and temporary bracing of the roof truss system. 5. Responden* certified in the Structural observation report the following, “our observations are limit: ‘d to the actual conditions at the time of inspection and are intended to verify that the as-built con: truction n_is in accordance. with the original construction documents.” 6. On August 19, 199s, Respondent signed and sealed two drawings fér the single-family residence, The plans Were submitted to the Hemando County Building ; Department for permitting. ee 7. Respondent's structural observaiion report and plans fail to conform to acceptable engineering standards, COUNT o:rs 8. Petitioner realleges and incorporates par: graphs ore (1) through seven (7) as if fully set forth herein this Count One. 9. The structural observation re;ort for the sinyle-famii. recidence failed to conform to acceptable engineering standards ‘ue to the tollowiag: a. According to Respondent’s letter, an inspect 1n was n.ade by his office to verify that the as-built Construction is in cccordance w.th the original ‘ Jan-02-01 17:53 From=DANSCO ENGINEERING : 813-648-9698 “ORB wadably Constiuction but Ais letter failed to point our that the existing cons'ru tion coes-not comply with permitted drawings. b, The letter issued by his office is ambiguous and could m, ded the reader into accepting the letter as verification for compliance, CH During his field inspection, Respondent's Yepresent. ‘ive failed a check other obvious problems with the construction, which should have been brought w the attention of the Engineer of Record and the Building Department. 10. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, by engaging in negligence in the practice of engit.cering, 1 1. Petitioner realleges and incorporates paragraphs one (1) through seven (7) as if fully set for h herein this Count Two, ab as 12. The drawings for the single-family residence failed to conform to acceptable engineering standards due to the foli.wing: a. Respondent issued the repail drawings, which did not address all existing problems with the roof framing system. b, Respcndent failed to eddress ai! the problems or clearly mark on the drawings that other problem areas were be.ng addressed by someone else, 13. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, by engaging in negligence in the practice of engineering. COUNT THREE 14. Petitioner reallepes and incorporates paragraphs one (1) through seven (7) as if fully set forth herein this Count Three. aw "> * Jan02-01 17:83 From-DANSCO ENGINEERING 919-645-0606 15. Respondent signed and sealed drawing number 2, which does not hav: the title ofthis firm or name printed on the drawings, 16. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, in that the Respondent violated Rule 61G15-23.0 32(2), Florida Administrative Code which states engineers practicing through a duly autt.orize:t engineering business the name, address, and engineering business number shall be legibly indicated on each sheet, WHEREFORE, the Petitioner respectfully requests the Board of Professional Engineers to enter an order imposiny; ose or more of the following penalties: perznanent revocation or suspension of the Re.pon lent’s license, restriction of the Responident’s practice, imposition of an administr alive fie, issuance of a reprimand, placement of the Respondent oh Probation, the assassment of costs related to the investigation and prosecution of this case, other than costs asvociated with an attoméy’s time, as provided for in Section 455.227(3), Florida Stotutes, an/or ‘any other relief that the Board deems appropriate. SIGNED this is® aayor___ Der Lr 2000. uglas D, Sunsiine ‘uting Attomey COUNSEL FOR FEMC: F | { c D Douglas D, Sunshine Deputrent of Busines and Piotessonat Raguluon Prosecuting Attorney QEPUTY CLERK Florida Engineers Management Corporation 1208 Hays Strevt rh ahd ys Stree Prendin i é Cark Giliaiaiapendiassemmmtennapnemmsnsememennesseme=eeeae “es Jan-02-01 14 Fom-DANSCO ENGINEERING 613-645-9698 1-394 9.26/90 -F-775 Tallat.assee, Florida 32301 Floricia Bar No. 935263 DDS‘tb PCP: November 16, 2000 PCP Members: Coby, Rebane, Seckinger

Docket for Case No: 01-000623PL