FILED Department of Business and Professional Regulation STATE OF FLORIDA um ee FLORIDA BOARD OF PROFESSIONAL ENGINEERS x Bie File # FLORIDA BOARD OF PROFESSIONAL Fiona ngiianes eso ENGINEERS, MAR 15 2012 | Petitioner, Clerk: Sandee Mage v. FEMC Case No. 2011048483 JACQUELINE P. JAMES, P-E., Respondent, / ADMINISTRATIVE COMPLAINT COMES NOW the Florida Engineers Management Corporation (FEMC) on behalf of Petitioner, Florida Board of Professional Engineers, hereinafter referred to as “Petitioner,” and files this Administrative Complaint against JACQUELINE P. JAMES, P.E., hereinafter referred to as “Respondent”. This Administrative Complaint is issued pursuant to Sections 120,60 and 471.038, Florida Statutes. Any proceeding concerning this complaint shall be conducted pursuant to Section 120.57, Florida Statutes. In support of this complaint, Petitioner alleges the - following: 1. Petitioner, Florida Board of Professional Engineers, is charged with regulating the practice of engineering pursuant to Chapter 455, Florida Statutes. This complaint is filed 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 (1997). 2. 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 66579, Respondent’s last known address is 9100 S. Dadeland Blvd., Suite 1500, Miami, Florida 33156. 3, On June 20, 2011, an architect retained Respondent's firm, Imara Architectural Engineering, to prepare Structural Drawings for a proposed residence at 629 Hampton Lane on Key Biscayne (Hampton Lane Project). On July 7, 2011 Respondent sealed and signed the Structural Drawings and initialed the Calculations for the Hampton Lane Project. The Structural Drawings and initialed the Calculations were submitted to the Key Biscayne Building Department for review. 4. After a negative review of the ori ginal documents by the Building Department, Respondent submitted a second set of Structural Drawings and Calculations for the Hampton Lane Project. These Drawings were sealed and signed but not dated and the Calculations were sealed and signed but not dated. The documents were again reviewed and rejected by the Building Department. 5! The Structural Drawings for the Hampton Lane Project were issued by Respondent in the name of Imara Architectural Engineering. Imara Architectural Engineering does not hold a Certificate of Authorization from the Board. 6. The Structural Drawings and Calculations for the Hampton Lane Project are materially deficient as follows: A. Dimensions and required reinforcing of pile caps has not been specified as required by Rule 61G15-30.003 (1) which states in part that documents shall be of sufficient clarity to indicate the location, nature and extent of work. FBPE vs. Jacqueline James, P.E., Case No. 201 1048483 B. Necessary information relative to the support of the exterior stairs has not been provided as required by Rule 61G15-30,003 (1) which states in part that documents shall be of sufficient clarity to indicate the location, nature and extent of work. C. Contrary to Sheets S-2.0 and §-2.1 which specify spread footings for exterior stair support, Sheet S-4.0 shows a pile supported stair. D. The area of flexurat steel (0.62 sq. in.) specified for beams designated GB-OL is significantly less than the 1.84 sq. in. minimum required by Formula 10-3 of ACI-318 to prevent sudden failure, E, "Grade beams designated GB-01 (TYP) on Sheet S-2.1 have a safe flexural capacity of only 60 ft. kips rather than the required 336 ft. kips on the critical span assumed on page 20 of the Calculations. F. Detail 1A on Sheet S-4.2 is deficient in that the undesignated grade beam shown differs from beam GB-01 in reinforcing and elevation, from beam GB-1 in size and reinforcing, and from the undesignated grade beam designed on page 20 of the Calculations in size and reinforcing thus failing to meet the requirements of Rule 61G15-30.003 (1) which states in part that documents shall be of sufficient clarity to indicate the location, nature and extent of work. G. Contrary to what is indicated on page 20 of the Calculations, the beam designed there, and perhaps intended as a substitute for GB-01, has a safe flexural capacity of only 245 ft. kips — not 336. H. The required dimensions and reinforcing of the beam at the First Floor level at Grid Coordinates H-9 on Sheet S-2.2 have not been specified as required by Rule 61G1 5-30.003 (1) which states in part that documents shall be of sufficient clarity to indicate the location, nature and extent of work. FBPE vs. Jacqueline James, P.E., Case No. 2011048483 i. The flexural reinforcing for Beam CB-2 on Sheet 8-5.0 is 2 - #6 bars top and bottom — not 4 - #6 bars as indicated on Sheet 12 of the Calculations. With the reinforcing specified the safe flexural capacity of the beam is 60 ft. kips — not 86 ft kips as assumed in the Calculations. J. The framing around the stair opening at the Second Floor level is shown on Sheet §-2.3 is inadequately defined and therefore fails to comply with Rule 61G15-30.003 (1) which states in part that documents shall be of sufficient clarity to indicate the location, nature and extent of work. K. Because of a failure to specify intermediate supporting members over the Garage, as required by Rule 61G15-30.003 (1) which states in part that documents shall be of sufficient clarity to indicate the location, nature and extent of work, Beam TB-1 at the Second Floor level as shown on Sheet $-2.3 is grossly inadequate to safely support the loads imposed at that evel from roof, wall and floor. L. The cantilevered equipment slab is not adequately designed or detailed as required by Rule 61G15-30.003 (1) which states in part that documents shall be of sufficient clarity to indicate the location, nature and extent of work. M The connections of wood beams to columns are missing thus violating Rule 61G15- 30.003 (1) which states in part that documents shall be of sufficient clarity to indicate the location, nature and extent of work. 6. The Board has adopted Responsibility Rules of Professional Engineers (Responsibility Rules). These Rules are contained in Chapter 61G15-30 to Chapter 61G15-36, Fla. Administrative Code. Professional Engineers who perform services covered by the Responsibility Rules are required to comply with the Rules, Included in the Responsibility Rules FBPE vs, Jacqueline James, P.L., Case No, 2011048483 are Rules (Rule Chapter 61G15-31) governing Structural Engineering Documents that are produced by a Professional Engineer. 7. Section 471.033(1)(g), Florida Statutes, provides that an engineer is subject to discipline for engaging in negligence in the practice of engineering. Rule 61G1 5-19.001(4), Fla. Admin 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 engincering principles.” Rule 61G15-1 9.001(4) also provides that “{fJailure to comply with the procedures set forth in the Responsibility Rules as adopted by the Board of Professional Engineers shat] be considered as non-compliance with this section unless the deviation or departures there from are justified by the specific circumstances of the project in question and the sound professional judgment of the professional engincer.” 8. Respondent acted as Structural Engineer of Record for the Hampton Lane Project as that term is defined in Rule 61G15-30.002(1), F. A.C. As such, all engineering documents prepared, signed, sealed and dated by Respondent must contain the information set out in Rule 61G15-30.003(1): When prepared for inclusion with an application for a general building permit, the Documents shall meet all Engineer’s Responsibility Rules, set forth in Chapters 61G15-31,...F.A.C., and be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of the Florida Building Code, adopted in Section 553.73, F.S., and applicable laws, ordinances, rules and regulations, as determined by the AHJ. The Documents shall include: (a) Information that provides material specifications required for the safe operation of the system that is a result of engineering calculations, knowledge and experience. (b) List Federal, State, Municipal, and County standards, codes, ordinances, laws, and rules, with their effective dates, that the Engineering Documents are intended to conform to. (c) Information, as determined by the Engineer of Record, needed for the safe and efficient operation of the system. (d) List engineering design criteria; reference project specific studies, reports, and delegated Engineering Documents. FBPE vs. Jacqueline James, ?.E,, Case No, 2011048483 (c) Identify clearly elements of the design that vary from the governing standards and depict/identify the alternate method used to ensure compliance with the stated purpose of these Responsibility Rules. 9. The Drawings and Calculations for the Hampton Lane Project must also meet the requirements of Rule 61G15-31.002(5) (as mandated by Rule 61G15-30.001, F. A. C.): The structural drawings, specifications and other documents setting forth the overall design and requirements for the construction, alteration, repair, removal, demolition, arrangement and/or use of the structure, prepared by and signed and sealed by the engineer of record for the structure. Structural engineering documents shall identify the project and specify design criteria both for the overall structure and for structural components and structural systems. The drawings shall identify the nature, magnitude and location of all design loads to be imposed on the structure. The structural engincering documents shall provide construction requirements to indicate the nature and character of the work and to describe, detail, label and define the structure's components, systems, materials, assemblies, and equipment. 10. As set forth in Paragraph 6 above, the Drawings and Calculations for the Hampton Lane Project fail to contain the information mandated by the Responsibility Rules and thus fail to comply with the Responsibility Rules. Il. Section 471,023(2), Florida Statutes, requires that “[a]ll final drawings, specifications, plans, reports, or documents prepared or issued by the licensee and being filed for public record and all final documents provided to the owner or the owner's representative shall be signed by the licensee, dated, and sealed with said seal. Rule 61G15-23 .002(3)(a), Fla. Admin. Code, provides that (3)(a) ‘{a] title block shal! be used on each sheet of plans or prints and shall contain the printed name, address, and license number of the engineer who has sealed, signed and dated the plans or prints.” 12. Section 471.023(1), Florida Statutes, permits the practice of engineering through a business organization only if such an organization obtains a Certificate of Authorization from the Board. SCE never has held such a Certificate. By sealing and signing the Structural Drawings on FBPE ys. Jacqueline James, P.E., Case No. 2011048483 behalf of Imara Architectural Engineering, Respondent practiced engineering through an entity which did not hold a Certificate of Authorization issued by the Board COUNT I 13. Petitioner re-alleges and incorporates Paragraphs One (1) through Ten (10) as if fully set forth in this Count One. 14. For the reasons set forth in Paragraph 5 herein, Respondent violated the provisions of Section 471.033(1)(g), Florida Statutes, and Rule 61G15-19.001(4), F. A. C., by sealing, signing and dating engineering documents for the Hampton Lane Project that were issued and filed for public record when such documents were materially deficient in respect to and not in compliance with applicable code requirements, acceptable engineering principles, and the applicable provisions of the Responsibility Rules. 15. 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 II 16. Petitioner realleges and incorporates Paragraphs One (1) through Five (5) and Eleven (11) and Twelve (12) as if fully set forth in this Count Two. 17. Section 471.033(1)(g), Florida Statutes, provides that an engineer is subject to discipline for “[vJiolating any provision of ....this Chapter [471]....” 18. Based upon the facts set forth in Paragraphs One (1) through Five (5) and Eleven (11) and Twelve (12) Respondent failed to comply with the requirements of Section 471.023 by signing and sealing the Structural Drawings for the Hampton Lane Project on behalf of an entity that does not possess a Certificate of Authorization from the Board. FBPE vs. Jncqueline James, P.E., Case No. 2011048483 19. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, by “{yJiolating any provision of ....this Chapter [471]....” asa result of failing to comply with the requirements of Section 471.023, Florida Statutes. WHEREFORE, the Petitioner respectfully requests the Board of Professional Engineers to enter an order imposing one or more of the following penalties: permanent 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 attorncy’s time, as provided for in Section 455.227(3), Florida Statutes, and/or any other relief that the Board deems appropriate. SIGNED this [Say of _| la a vA 2012. Zana Raybon Executive Director /(— BY: John J. Rimes, IIT Chigf Prosecuting Attorney COUNSEL FOR FEMC: John J. Rimes, LIT Prosecuting Attorney Florida Engineers Management Corporation 2639 North Monroe Street, Suite B-112 Tallahassee, Florida 32303 Florida Bar No. 212008 JR/sm. PCP DATE: March 13, 2011 PCP Members: Charland, Rebane & Hahn FBPE ys. Jacqueline James, P.E., Case No, 2011048483 ERTIFICATE OF SERVIC I hereby certify that a copy of the foregoing was furnished to Ms. Jacqueline James, P.E, 9100 S. Dadeland Blvd., Suite: 1500, Miami, Florida 33156, by certified mail, on the 2 4) of March, 2012. doe Mag Sandée M. Maige, FRP Paralegal to John J. Rimes, Ill FBPE vs. Jacqueline James, P.E., Case No.. 201 1048483

Docket for Case No: 12-003947PL