Petitioner: FLORIDA ENGINEERS MANAGEMENT CORPORATION
Respondent: ALFREDO M. CARBONELL, P.E.
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Jul. 13, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 20, 2007.
Latest Update: Nov. 17, 2024
STATE OF FLORIDA
FLORIDA BOARD OF PROFESSIONAL ENGINEERS.
FEMC Case No. 2004052898
“Petitioner,” wd files this Administrative Complaint before the Board of Professional Engineers
against Al \ M. Carbonell, P.E., hereinafter refered to as “Respondent”. This Administrative
Complaint is fssned pursuant to Sections 120.60 and 471.038, Florida Statutes, Any proceeding
‘conceming ahs complaint shall be conducted pursuant to Section 120.57; Florida Stamtes. In
_ support of this complaint, Petitioner alleges the following:
lL i Petitioner ig charged with providing administrative, investigative, and
_. prosecutorial |savices to the Board of Professional Engineers pursuant to Section 471.038,
Florida Stathes (1997). The Board of Professional Engineers is charged with regulating the
practice of exgincering pursuant to Chapter 455, Flosida Statutes.
2. | Respondent is and has been at all time material hereto a licensed professional
engineer in be State of Florida, having been issued license number PE.14170, Respondent's last
known adduegs is 9295 S:W. 108 Ct, Miami, Florida. 33176.
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3. he Respondent signed, scaled, and. dated architechwal, structural, clectrica,
Plumbing plans for a two-story New Addition at Mr. Mauricio’s Residence
: fn Key Biscay, Florida.
4, Peto eles an incrpntes pra ne (1) tough tice (2) aif
ly rt Count One.
5. The Respondent's two-story New Addition at Mr. Mauticio's Residence project
socal play conan defini, ning byt not linsited to the follosving:
© The design calculations and the reinforcing provided ‘assume. the second
floor slab is 6? one span slab with spans of 28° and 25’ with fully fixed ends. ‘This is an invalid
(>) There ig no structural element at the edge of the slab that can. resist the
magnitude of the slab fixed end bending mornent and prevent the edge of the slab from rotating
() The. edge beam, wall, and columns were not checked for torsion and
bending regu to reso the sab od end condition, It is not possible for these elements as
sized and detdled to provide the required resistance. A proper and safe assumption is a pinned
tn fe oh ee ek ee et ec
However, for t Slab thickness the deflections would be excessive.
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@ The mid span bending moment and bottom ‘reinforcing required for a
/ pinced end lpi three times that for a fixed ead slab The deflection of a pinned end slab is
five times thajof «fixed end slab.
(¢) The 6” slab is grossly inadequate.
() The top of the slab reinforcing is noted to-be 3° long, For the fixed end
; noted to: ,
condition ofthe design, the top reinforcing would have to be 6” loag to resist the end moments.
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@ Bending moments were calculated. assuming a fixed-pined condition with
“equal load: on Hoth spans. No. consideration of unbalanced live loadas ‘required by ACT 318
section 8.9.2 wes indicated in the calculations.
‘” An additional top bar is detziled over the.support, The. total length of this
bar is only 5*, There are no calculations to determine the require length of this additional top
bar. |
i No shear calculations are provided.
; There are no calculations for the beam shear.or the variation of shear and
moment along the length of the beam to determine where reinforcing is, and is not required.
(0 A beam. spanning over one opening at the second floor and framed into:
concrete tie colknns was designed as a fixed end beam. The calculations were based entirely on
moment coeffigients for. the ideal fixed end condition. with so consideration for increased
positive rome due to rotation at the ends. No.calculations were. provided for column moments
or beam sticar. |
| (1) The design calculations check the footing for only the positive bending
moment assuming simple. span condition between: piles. The calculations use a pile spacing of
‘ on i . .
6.8” where the Actual maximum is 10°, ‘The caleulations use unfactored loads and do not include
the first floor slab that is supported by the foundation. The design load used in the calculations is
less than half the actual load on the continuous footing or grade. beam. The continuous footing is
grossly under s i { and under designed.
6. pared on the foregoing, Respondent is charged .with violating Section
471.033(1 Xe); Pig Statutes, by engaging in negligence in the practice. of engineering,
COUNT TWO
7. Hetitioner realleges and incorporates paragraphs one-(1). through three (3) as if
fully set forth i this Count Two.
FEMC v. Alfredo M, Carbonell, P.E., Case # 2004052898 3
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8. ithe Respondemt’s two-story New Addition at Mr. Maixicio’s Residence project
mechanical plans contain deficiencies, inchuding, bat aot limited i> the following:
, a Nodry vent shown, as requised by FBC-M 504.
b. Three exhaust fans are shown, but no directions. are. provided as to how
ey tobe fet eri
c. No size shown for AHU heat strip,. although the schedule shows 9.8
RLA(run load) amps amps) and 43.8 MCA (Minimums Circuit amps), It is. inappropriate to have
minisoum ci sit amps more than 4 4 times the full-load run amps,
. a Condensate drain not shown, as required by FBC-M, 307.23,
fe. Outside air requirements not shown as being saet, as sequired by FBC-M.
9, (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,
10. Peston realleges and incorpomtics PeeReRENS one (3) Ssongh three (3) as if
fully set forth inthis Count Three.
I. The Respondent's two-story New Addition at Mr: Mauricio’s Residence project
plumbing plang contain deficiencies, including, but not limited to the follow.
: Water piping for the plumbing, fixtures is sized inadequately, por FBC-
Plumbing,
12. Based on the foregoing, Respondent. is charged. with violating Section
47t 09s Statutes, by engaging in negligence in the practive of engineering.
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13, Petitioner realleges and incorporates paragraphs one ay through. three (3) as if
fully set forth i is this Count Four.
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FEMC v. Alftede M. Garton, P-E., Cased 2008052808 4
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the Respondent's two-story New Addition. at Mr. Manricio’s Residence project
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electrical plansicontain deficiencies, inchiding, but net limited to the falléw:
a No disconnect switch and no panel B circuit shown for AHU. Schedule
on Sheet M- “A thows separate circuit required with 43.8 MCA.
b. Panel B shows 60 amp., 2 pole breaker: for, A/C Compressor; but the
schedule on Shipet M-| shows Minimum Circuit Amps (MCA) of 25.and Run Load Amps (RLA)
of 18 amps. Aj60 Amp breaker violates NEC. Article 440, which requires. overcurrent protection
to be.125 pereet of RLA. Consequently, the 60 amp breaker is oversized.
é Panel B (Spaces 1, 3) show a 60/2 breaker, with #8 witiag, However, the
same panel scbpdule sows (under remarks) 3 #10 CU. Either is insifinient NEC Table 310.16
requires 3 46 for a 60 amp.,.2 pole circuit breaker, |
4. Note.10 requires wire in conduit, Panel B identifies wixing to be romex
(RMX), which ] inconsistent with the requirement of Note 10,
y Riser shows 3.43 THHN in 1” C. Feeding Panel B. NEC requires 1 1/4 *
C. for 3 #3. The electrical design violates this section of the code.
f Riser. shows no ground. conductor. for Panel B, as required by NEC
250.24(A),
& Riser shows main disconnect connected to cold water hose bibb., NEC
250,52(A\(1) mies the connection of the grounding conductor to be within 2° from the point
of entrance where the water pipe enters the building. Drawing isnot clear that this is in
compliance with the Code.
i Riser Diagram shown Main Service and Panel A (200 Amps) being served
by 3 42/0 THN in 2” conduit. NEC Table 310.16 requires that, 3/0 conductors are required for
200 Amps. Thejelectrical design violates this section of the code.
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FEMC v alfredo M. Carbonell, PE, Case # 2004052898 5
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Smoke detectors in dwelling unit bedrooms are shown to be served from a
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GFCT protected cireuit, NEC 210.12 requires that all. ovtlets (receptacles, lighting fixtures,
ceiling fans and smoke detectors) shall be protected by an atc-fault circuit interrupter (AFCT)
breaker. |
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j. Bathroom receptacles (3) must be on a dedicated circuit, per NEC
210.11(C)G). |Cicuit B11 has loads other than bathroom receptacles.
k Lighting fixtures in closets: must be installed. in accordance with NEC
410.8. Dnwate is not clear that this is in compliance with the Code.
‘Spacing of receptactes in the dwelling violates. NEC’ 210.52(A) which
requires spacing to not exceed 12 feet between them.
15. Based on. the foregoing, Respoadent is charged . with. violating Section
47 03312), Florida Statutes, by engaging in negligence in the practice of engineering.
WHEREFORE, the Petitioner respectfully requests the Boned of Professional Engineers
to enter an okler imposing one or more of the following penalties: permanent revocation or
Suspension oie 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 oft 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.
1g,
ey , 2006.
Paul J. Martin
Executive Ditector
tae Ah hoe Litt
h BY: Bruce A, Campbell
Bt po 5 : Prosectiting Attorey
SATIS =O-7OC'2
FEMC v, Alfredo M: Carbonell, P.E., Case # 2004052898 6
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COUNSEL FOR FEMC:
May 18,2006
PCP “my Matthews, Burke, Seckinger
FEMC v. Alfteda M. Carbonell, P-E., Case # 2004052898 7
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Docket for Case No: 07-003170PL
Issue Date |
Proceedings |
Aug. 20, 2007 |
Order Closing File. CASE CLOSED.
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Aug. 17, 2007 |
Motion to Relinquish Jurisdiction without Prejudice filed.
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Jul. 25, 2007 |
Order of Pre-hearing Instructions.
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Jul. 25, 2007 |
Notice of Hearing by Video Teleconference (hearing set for September 10, 2007; 9:00 a.m.; Miami and Tallahassee, FL).
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Jul. 13, 2007 |
Notice of Denial filed.
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Jul. 13, 2007 |
Election of Proceeding filed.
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Jul. 13, 2007 |
Agency referral filed.
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Jul. 13, 2007 |
Initial Order.
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Jul. 13, 2007 |
Election of Rights filed.
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Jul. 13, 2007 |
Respondent`s Answer, Defenses and Affimative Defenses filed.
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Jul. 13, 2007 |
Administrative Complaint filed.
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Jul. 13, 2007 |
Agency referral filed.
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