Petitioner: FLORIDA ENGINEERS MANAGEMENT CORPORATION
Respondent: CHARLES N. JOHNSON, P.E.
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Business and Professional Regulation
Locations: Fort Myers, Florida
Filed: Jul. 06, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, August 30, 2001.
Latest Update: Dec. 24, 2024
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FLORIDA ENGINEERS MANAGEMENT CORPORATION a
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Petitioner, 4
v. FEMC Case No. 00-0082
CHARLES N. JOHNSON, P.E.,
Respondent.
ADMINISTRATIVE COMPLAINT
COMES NOW the Florida Engineers Management Corporation, hereinafter
referred to as “Petitioner,” and files this Administrative Complaint before the Board of
Professional Engineers against Charles N. Johnson, P.E., hereinafter referred to as
“Respondent”. This Administrative Complaint is issued pursuant to Sections 120.60 and
471.038, Florida Statutes. Any proceeding conceming this complaint shall be conducted
pursuant to Section 120.57, Florida Statutes. In support of this complaint, Petitioner
alleges the following:
1. Petitioner is charged with regulating the practice of engineering pursuant
to Chapter 455, Florida Statutes 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
1
42236. Respondent’s last known address is 64 Aqua Lane, North Ft. Myers, Florida |
33903.
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3. On February 15, 2000, Respondent signed and sealed drawings for a
single family residence located in Englewood, Florida. The plans were submitted to the
County of Charlotte, Community Development Department for permitting.
4. On April 28, 2000, the Plans Examiner completed a Plan Review
Correction List. The Plans Examiner found that the structure was not designed in
accordance with the Subpart A ~ Requirements for Flood Plain Management Regulation
~ 60.3 Flood Plain Management criteria for flood-prone areas. These corrections were
requested prior to re-submittal.
5. On June 9, 2000, the Plans Examiner completed a second Plan Review
Correction List. The Plans Examiner requested that Respondent review his original
comments from the April 28, 2000, Plan Review Correction List, and also requested that
Respondent perform additional investigations.
6. Respondent’s plans fail to conform to acceptable engineering standards.
COUNT ONE
7. Petitioner realleges and incorporates paragraphs one (1) through six (6) as
if fully set forth herein this Count One.
8. The drawings for the Rose Residence contained several deficiencies
including, but not limited to, the following:
a. On April 7, 2000, Respondent signed and sealed a fifth Sheet
created by Cox Lumber using a Trus Joist Macmillan computer program (TJ-Xpert) ,
which show a partial roof framing plan. Respondent added the following certification:
“Reviewed for uplift”. Respondent’s limited certification is insufficient.
b. Sheets 3 and 4 and the roof members specified differ from what is
shown on the fifth sheet. .
c. The roof system shown on the fifth sheet requires support of the
“ridge beam at the front and rear beating walls at an intermediate support dependent on
two columns by others (CBO). There is no indication on Sheets 1 through 4 to indicate
that the need for this support has been recognized or addressed.
d. Section BB on Sheet Four shows a 3’ -0” roof overhang but the
fifth sheet shows no overhang.
e. Drawings 1 through 4 lack sufficient clarity and detail to permit a
meaningful structural analysis or to provide adequate guidance to a builder.
f. Sheet 4 states that the structure was designed in accordance with
ANSI/ASCE 7-95, minimum design loads for buildings and other structures, Section 6, to
withstand the wind loads associated with a minimum basic wind speed of 110 miles per
hour. This statement is in error in that Respondent understated wind loads by assuming a
‘basic wind speed of 10 ) mph for Port Charlotte and by failing to recognize that the
structure was in Exposure D, rather than Exposure C, as calculated by Respondent.
9. Respondent’s plans for the Rose Residence fail to conform to acceptable
engineering standards.
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 engineering.
COUNT TWO TWO
ie Petitioner realleges and incorporates paragraph one a) through six (6) as .
if fully set forth herein this Count Two.
12. On February 10, 2000, Rose Residence revisions were made to Sheets One
through Four dated January 11, 2000, by M. Tracy, an unlicensed engineer.
13. On April 7, 2000, the Respondent signed and dated Sheet Five, a partial
roof framing plan by Cox Lumber using a Trus Joist MacMillan computer program.
14. Respondent’s limited certification note “reviewed for uplift” is
insufficient. As Structural Engineer of Record, he is responsible for all aspects of the
structural design and cannot properly delegate any portion of that responsibility to anyone
other than another engineer.
14. | Respondent improperly delegated responsibility to someone other than
another engineer.
15. Based on the foregoing Respondent is charged with violating Section
471.033(1)(a), Florida Statutes, by violating Rule 61G15-31.0003, Florida Administrative
Code.
COUNT THREE
16. Petitioner realleges and incorporates paragraph one (1) through six (6) as
if fully set forth herein this Count Three.
17. The drawings for the Merchant Residence contained several deficiencies
including but not limited to the following:
a. On April 7, 2000, Respondent signed and sealed a fifth Sheet ,
created by Cox Lumber using a Trus Joist Macmillan computer program (TJ-Xpert)
which show partial roof framing plan. Respondent added the following certification:
“Reviewed for uplift.” Respondent’s limited certification is insufficient
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b. The roof system on the fifth sheet is dependent on a supported
ridge beam but there is nothing on Sheets One through Four indicating that the need for
support for that beam has been recognized or addressed.
c. Sheet Four shows typical 2’-0” roof overhang but the fifth sheet
shows no overhang.
d. The 11’-6” high studs (2x4) @ 16” 0.c.) shown on the typical
Section on Sheet Four can safely resist Code specified wind loads only if special lumber
is specified (e.g., Select Structural Southern Pine) but no specification has been provided.
e. Drawings 1 through 4 lack sufficient clarity and detail to permit a
meaningful structural analysis or to provide adequate guidance to a builder.
18. | Respondent’s drawings for the Merchant Residence fail to conform to
acceptable engineering standards.
19. 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 FOUR
20. Petitioner realleges and incorporates paragraphs one (1) through six (6) as
if fully set forth herein this Count Three.
21. Respondent's wind load calculations contained several deficiencies
including but not limited to the following:
a. Respondent’s statement in the plans that the wind load calculations
are in compliance and accordance with ASCE 7-95 to meet the ‘requirements of 1606 of
the 1997 Standard Building Code for 110 mph wind zone is in error.
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b. Section 1606.2 of the 1997 Standard Building Code assumes a
fastest mile wind speed as shown in figure 1606. For Port Charlotte, Florida 110 mph
would be a conservative assumption. The modifying factors specified in 1606.2 are
meaningless unless related to wind intensities related to the fastest mile velocity.
c. ASCE 7-95 has introduced a change in the method of measuring
basic wind speeds. That measurement is now based on a three second gust (the shorter
the measurement interval, the higher the maximum velocity), The modifying factors
specified in ASCE 7-95 are likewise meaningless unless related to wind intensities
measured by a three second gust.
d. Basic wind speeds are shown in Figure 6-1 of ASCE 7-95. For
Port Charlotte, Florida a velocity of 135 mph would be a reasonable assumption and 140
mph would be conservative.
e. Respondent understated wind loads by 50 percent by assuming a
basic wind speed of 110 mph for Port Charlotte, and by failing to recognize that the
structure was sited in Exposure D, rather than Exposure C, as calculated by Respondent.
f. Respondent failed to show the distinction between design wind
speeds as determined by fastest mile velocities and three second gust velocities.
22. | Respondent’s wind load calculations fail to conform to acceptable
engineering standards.
23. 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.
WHEREFORE, the Petitioner respectfully requests the Board of Professional
Engineers to enter an order imposing one or more of the following penalties: permanent
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revocation or suspension of the Respondent’s license, restriction of the Respondent’s
practice, imposition of an administrative fine, issuance of a reprimand, placement of the
Respondent on probation, the assessment of costs related to the investigation and
prosecution of this case, other than costs associated with an attorney’s time, as provided
for in Section 455.227(3), Florida Statutes, and/or any other relief that the Board deems
appropriate.
SIGNED this \* day of Wy
Natalie Lowg
, 2001.
COUNSEL FOR FEMC:
Douglas D. Sunshine : F | L E D
la E ngineers Mana: e: t ¢ “Det tment of i Pi essional Regulation
i i i t of Business and Professi
12 gemen' orporation pa
Tallahassee, Florida 32301
Florida Bar No. 935263
DDS/tb CLERK Sona pf. (ous om
PCP: March 14,2001 | oe |
PCP Members: Rebane and Seckinger === DAT
Docket for Case No: 01-002674PL
Issue Date |
Proceedings |
Sep. 10, 2001 |
Notice of Change of Address (filed by Petitioner via facsimile).
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Aug. 30, 2001 |
Order Closing File issued. CASE CLOSED.
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Aug. 29, 2001 |
Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
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Aug. 28, 2001 |
Order Denying Motion to Dismiss issued.
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Aug. 24, 2001 |
Petitioner`s Response to Respondent`s Motion to Deem Petitioner`s Administrative Complaint as Null and Void filed.
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Aug. 24, 2001 |
Respondent`s Motion to Deem Petitioners Administrative Complaint by the Florida Engineers Management Corporation Filed Against the Respondent as Null and Void filed.
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Aug. 23, 2001 |
Amended Petitioner`s Witness and Exhibit List (filed facsimile).
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Aug. 22, 2001 |
Respondent`s Witness and Exhibit List filed.
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Aug. 20, 2001 |
Respondent`s Motion to Deem Petitioners Administrative Complaint by the Florida Engineers Management Corporation Filed Against the Respondent as Null and Void filed.
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Aug. 16, 2001 |
Petitioner`s Witness and Exhibit List (filed via facsimile).
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Aug. 14, 2001 |
Order issued (Petitioner`s Motion to Deem Admitted Pettioner`s First Request for Admissions and Motion to Relinquish Jurisdiction is denied).
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Jul. 30, 2001 |
Respondent`s Resonse to Petitioner`s Request for Admissions filed.
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Jul. 25, 2001 |
Respondent`s Motion to Dis-Allow Petitioner`s Motion to Deem Admitted Petitioner`s First Request for Admisison and Petitioners Motion to Relinquish Jurisdiction filed.
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Jul. 19, 2001 |
Petitioner`s Motion to Deem Admitted Petitioner`s First Request for Admissions and Motion to Relinquish Jurisdiciton (filed via facsimile).
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Jul. 12, 2001 |
Notice of Hearing issued (hearing set for September 6, 2001; 9:00 a.m.; Fort Myers, FL).
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Jul. 12, 2001 |
Order of Pre-hearing Instructions issued.
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Jul. 11, 2001 |
Joint Response to Initial Order (filed via facsimile).
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Jul. 06, 2001 |
Initial Order issued.
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Jul. 06, 2001 |
Amended Petition to Correct the Deficiencies of my Request for Formal Hearing Dated may 14, 2001 filed.
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Jul. 06, 2001 |
Administrative Complaint filed.
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Jul. 06, 2001 |
Agency referral filed.
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Jun. 29, 2001 |
Respondents First Request for Production of Documents filed.
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Jun. 26, 2001 |
Request for Extension of Time filed.
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