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Cl.ERi( Evette Lawson-Pr,:,ctor
Date 12/13/2010
File#
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FLORIDA BOARD OF PROFESSIONAL ENGINEERS , .I C/e,: porat,on
' STATE OFF LORmA 1 !L , 1,
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FLOR!OA BOARD OF PROFESSIONAL ENGINEERS,
Petitioner,
,D,A_TE
'*wula::Y, I1%}1
V. FEMC Case No. 2010035452
ALLEN GEZELMAN, P.E.,
Respondent,
.!
COMES NOW the Flo1i(la Engineers Management Corporation (FEMC) on behalf of Petitioner, Florida Board of Professional Engineers, hereinafter referred to as "Petitioner," and files this Administrative Complaint against ALLEN GEZELMAN, P.E., hereinafter referred to as "Respondent". This Administrative Complaint is issued pursuant to Sections 120.60 and 471.038, Florida Statutes. Any proceeding conc ming this complaint shall be conducted pursuant to Section 120.57, Florida Statute$. In supporl of this complaint, Petitioner alleges the
following:
l'ctitioncr, Florida Board of Profossional Engineers, is charged with regulating the practice of engineering pursuant to Chapter 455, Florida Statutes. This complaint is fik<l by the Florida Engineers Management Corporation (FEMC) on behalf of Petitioner. FEMC is charged
with providing administrative, investigative, and prosecutorial services to the Florida Board of Professional Engineers pursuant to Section 471.038, Florida Statutes (l 997).
Respondent is, and has been at all times material hereto, a licensed professional engineer in the State of Florida, having been issued license number PE 59108. Respondent's last known address is 16502 Hanna Road, Lutz, l'L 33549.
In January 2006, Mr. Rlchard Knapp entered into a c;:ontract With US Foam and Coatings (lJSFC) to install a Spray Polyurethane Foam Roofing System (Roofing System) at his residence located at 5070 SW 9th Court, Plantation, Florida (Knapp Residence). In October 2006, rul inspection of the work was performed by a City of Plantation Building Department (Building Department) inspector. The report of the inspector (titled "Final Su:uctural Inspection") indicated that the inspector observed numerous code vio.lations or other construction related problems ("Red Tagged Items") with the Knapp Residence project. One of the code related problems was the lack of a Notice of Acceptance (NOA) for material used for the underlying deck.
In an attempt to make the Knapp Residence Roofing System pass Building Department inspection requirement , Mr. Knapp sought Respondent's services as a Professional Engineer, On March 16, 2007, the City of Plantation informed Respondent that Respondent was authorized to perform special inspections on the Roofing System being in,iallcd at 5070 SW 9th
Court. This authorization was provided in accordance with the criteria stated in the Florida Building Code (FBC), Broward County Amendments 2004, Section 109.10 ofthe Broward County Administrative Code, and as provided by Sections 553.71, Florida Statutes.
The above provisions of the FBC, the Broward County Administrative Code, and
florida Statutes allow Professional Engineers, such as Respondent, lo perform building inspection services in place of the inspections that arc normally provided by local building
FBPE;: vs., Alli!n Oi!Uh'l'IIIJI. P.Ei., Caa=, No, 2010035H2
2
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departments. However, certain constraints and requirements are imposed upon the Professional Engineers who perform such inspection duties.
On March 26, 2007 Respondent provided his "Sworn Engineer Compliance Affidavit» (Affidavit) for the new roof system at the Knapp Residence. In this Affidavit, Respondent stated that Respondent had visited the site on JanUill)' 10, 2007 and on several later occasions. Further, in this Affidavit, Respondent stated that he had looked at the job log entries, had observed cores taken from the roof, and had verified that photographs provided from the contractor were from this job. Respondent specifically stated that be looked at the underside of the roof to verify placement of deck screws. Lastly, Respondent stated in this Affidavit that:
" .. J concurred with the [Building Ucpartment] inspector and made recommendations to
the contractor on how best to carry out the necessary corrections. I have verified by photogn,phs supplied by the contractor and by a site visit that the "red tag" correction have been made per my recommendations. To the best of my knowledge and belief; the building components and site improvements outlined herein and inspected under my authority have been completed in conformance with the approved plans and applicable
codes."
Respondent's Affidavit and his inspection of the Roofing System at the Knapp Residenc were materially deficient and not in compliance with mandatory requirements of the Codes and standards which applied to the Affidavit and the inspection as follows:
Respondent was authorized by the City of Plantation lo inspect the roof system in
acconfancc with the criteria presented in Section 553.71 and FBCBCA I 09.10, Florida Building Code, Broward County Amendments (FBCBCA), Section 109, I 0.4 (FebT\lary 9, :Z006, FBCBCA revision) states that the special inspector's scope of work is to inspect the work for compliance with the approved plans and/or specifications. Respondent stated in the Affidavit that " ... the building compoucnt and site improvements outlined herein and inspected under [Respondent's] autl10rity have been completed in conformance with the approved plans and
fBPE vs,, Allen Qczclm;111 P.I::,, C,i!Sc: No. 2010035452.
3
applicable codc:s." However, Respondent's conclus.ion was materially inaccurate and erroneous insofar as it was based upon proposed remedial actions that Respondent had reoommended to be accomplished (but which had not yet occuncd). In fact, at the time of the inspection, the Knapp Rvsidcnce Roofing Sy,lem wa,; nul in compliance with the requirements staled in the accepted plans and/or specifications. The conclusion in Respondent's Affidavit to the contrary was not accurate and his statements in the Affid8vlt were therefore in violation of FBCBCA 109, I0.4,
Respondent's reliance on photographs provided by the oontractor to verify the
conditions existing at the site. as was stated in the Affidavit, does not meet th criteria stated in FBCBCA 109.10.3 (February 6, 2006 revision). FBCilCA 109.10.3 requires that the special building inspectur performing the inspection under that provision shall be either an Architect or Professional Engineer or a duly accredited employee representing either. The contractor met none of these standards.
Respondent's statement in the Affidavit that the "Red Tag" items referenced in
the October 2006 City of Plantation Building Department report had been repaired wa. materially erroneous and inaccurate insofar as these items had not been repaired.
Section 471.033(1)(g), Florida Statutes, provides that an engineer is subject to
discipline for engaging in negligence iu the practice of engineering. Rule 61Gl5-19.001(4), Florida Administrative Code, provides that negligence constitutes "failure by a professional engineer to utilize due care in performing in an engineering capacity or failing to have due regard for acceptable standards of engineering principles."
By failing to comply with the specific provisions of applicable codes and standards when Respondent prepared and issued the Affidavit, Respondent is charged with
fDPil vs., Allen Gezelm&J1 P.E., Cn. No. 20!00ls4Si
4
!I.II
violating Section 471.033(1) (g), Florida Statutes, by engaging in negligence in the practice of engineering.
,n,
WHEREFORE, lhc Petitioner respectfully requests tbe Board of Professional Engineers to enter an order imposing one or more of the following penalties: permanent revocation or suspension oftbe Respondent's license, restriction oftbe Respondent's practice, imposition ofan 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 provide(! for in Section 455.227(3), Florida Statutes, and/or
any other relief that the Board deems appropriate.
SIGNED this
day of -- hf:C Ll e , 2010.
Carrie Flynn
J. Rimes, III
Pro ting Attomey
Executive Director
COUNSEL FOR FEMC;
John J. Rimes, III Prosecuting Attorney
Florida Engineers Management Corporation
2507 Callaway Road, Suite 200
Tallahassee, Florida 32303 Florida Bar No. 212008 JR/sm
PCP DATE: November 30, 2010
PCP Members: Rebane, Hahn & Burke
FBPI:::: v5., Allc:n Gczelrnan P.E., Qisc No. 201003S4 2.
CERTIFICATE OF SERVICE
I hereby certify that a copy of the fo egoing wa ishcdi to. Allyll Gezelman, 16502 H11I1I111
Road, Lutz, FL 33549, by cerhfied mall, on the r LnI of.µI ti t6i'o:
(
:• -r<((it/. t) 1L, ,{ (' (! ,)
PBPI:: vs., Allen Gczclmllil P.E., Case No. 2010035452
6
