FILED Florida Engineers Management Corporation FILED Department of Business anc Profe ‘ion MAY 2 2 2015 a Deputy agency Clerk “ws a CLERK = Evelte Lawson-Proctor Date §/22/2015 STATE OF FLORIDA FLORIDA BOARD OF PROFESSIONAL ENGINEERS FLORIDA BOARD OF PROFESSIONAL ENGINEERS, Petitioner, | 45: 434 Vi p L . FEMC Case No: 2014030707 = SANTIAGO BOLIVAR, P.E., cae Respondent, - ADMINISTRATIVE COMPLAINT COMES NOW the Florida Engineers Management Corporation on behalf of Petitioner, Florida Board of Professional Engineers, and files this Administrative Complaint (“Complaint”) against SANTIAGO BOLIVAR, P.E. This 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, Florida Board of Professional Engineers (“‘Petitioner,” “Board,” or “FBPE”), 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). Senn anne von we rT Page | of 15 2. SANTIAGO BOLIVAR, PE. (“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 53326. Respondent’s last known address is 1415 16th Street, #1, Miami Beach, Florida 33139. 3. On March 13, 2014 Respondent signed, sealed, and dated revised engineering drawings for a duplex located at 2936 SW 27" Terrace in Miami, Florida (“Duplex Project”) which were submitted to the Miami Dade Building Department. The Duplex Project drawings included Sheets Al — A9, Si — $6, M1 — M2, El — E4 and Pl — P3. 4. 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 61G15-19.001(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 engineering principles.” Rule 61G15-19.001(4), Fla. Admin. Code, also provides that “[flailure to comply with the procedures set forth in the Responsibility Rules as adopted by the Board of Professional Engineers shall 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 engineer.” 5. The Board has adopted Responsibility Rules of Professional Engineers (“Responsibility Rules”). These Rules are contained in Chapter 61G15-30 to Chapter 61G15-36, Fla. Admin. Code. Professional Engineers who perform services covered by the Responsibility Rules are required to comply with the Rules. Included in the Responsibility Rules are Rules governing Structural (Rule 61G15-31), Electrical (Rule 61G15-33), and Mechanical (Rule 61G15-34) Engineering Documents produced by a Professional Engineer. NO FBPE vs. Santiago Bolivar, P.E., Case No: 2014030707 Page 2 of 15 Administrative Complaint 6. Respondent acted as Structural, Electrical, and Mechanical Engineer of Record for the Duplex Project as that term is defined in Rule 61G15-30.002(1), Fla. Admin. Code, 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, 61G15-32, 61G15-33, and 61G15-34, 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 {FBC], adopted in Section 553.73, F.S., and applicable laws, ordinances, rules and regulations, as determined by the Agency Having Jurisdiction. The Documents shail 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. (a) List engineering design criteria; reference project specific studies, reports, and delegated Engineering Documents. (e) 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. 7. The Florida Building Code (2010) — Building (“FBC-B”) Section 107.2.1 “Information on construction documents” states: “Construction documents shall 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 this code and relevant laws, ordinances, rules and regulations,...” FBC-B Section 2701.1 “Scope” states: “This chapter governs the electrical components, equipment and systems used in buildings and structures covered by this code. Electrical components, equipment and systems shall be designed and constructed in accordance with the provisions of the NFPA 70, National Electrical Code (NEC).” FBC-B Section 2801.1 nar eso FBPE vs, Santiago Bolivar, P.E., Case No: 2014030707 Page 3 of 15 Administrative Complaint “Scope,” states: Mechanical appliances, equipment and systems shall be constructed, installed and maintained in accordance with the Florida Building Code, Mechanical (“FBC-M”). FBC-B Section 107.3.5 “Minimum plan review criteria for buildings” states: The examination of the documents by the building official shall include the following minimum criteria and documents: Mechanical: 1 Energy calculations; 5 Make-up air; 9 Combustion air. FBC-B Section 2901.1 Scope, states: “Plumbing systems and equipment shall be constructed, installed and maintained in accordance with the Florida Building Code, Plumbing (“FBC-P”).” 8. Rule 61G15-33.001, Fla. Admin. Code, “Responsibility Rules of Professional Engineers Concerning the Design of Electrical Systems” “General Responsibility” states in material part that “Electrical Engineering documents shall be prepared in accordance with applicable technology and with the requirements of the authority having jurisdiction. The documents shall identify the Engineer of Record for the electrical systems project. Electrical Engineering documents shall demonstrate compliance with the requirements of the applicable codes and standards... .” 9. Rule 61G15-33.003(2), Fla. Admin. Code, “Design of Power Systems,” requires in material part that “Electrical Engineering Documents applicable to the design of electrical power systems shall, at a minimum, indicate the following: (a) Power Distribution Riser Diagram with short circuit values; (d) Location and characteristics of surge protective devices; - (f) Voltage drop calculations for the feeders and customer-owned service conductors ... ; (g) Circuitry of ali outlets, equipment and devices.” 10. Rule 61G15-33.004(2), Fle. Admin. Code, “Design of Lighting Systems”, requires in material part that “Electrical Engineering Documents applicable to the design of lighting systems shall, at a minimum, indicate the following: (@) Lighting fixture performance a FBPE vs. Santiago Bolivar, P.E., Case No: 2014030707 Page 4 of 15 Administrative Complaint specifications and arrangements; (e) Calculated values to demonstrate compliance with the Florida Energy Code for Building Construction.” 11. Respondent’s Electrical Engineering Design Documents for the Duplex Project are materially deficient as follows: (a) The drawing contains an Electrical Riser Diagram, but no short circuit values, and no voltage drop calculations for the feeders and customer-owned service conductors. These omissions constitute violations of the NEC and Rule 61G15- 33.003(2)(a) and (f), Fla. Admin. Code. (b) No surge protective devices are shown on the drawing. This constitutes a violation of Rule 61G15-33.003(2)(d), Fla. Admin. Code. (c) Incomplete circuitry is shown on the drawing. This omission constitutes a violation of Rule 61G15-33.003(2)(g), Fla. Admin. Code. (d) There are no lighting fixture performance specifications on the drawings. This constitutes a violation of Rule 61G15-33.004(2)(a), Fla. Admin. Code. (e) The lighting design drawing contains no calculated values to demonstrate compliance with the Florida Energy Code for Building Construction. These omissions constitute a violation of Rule 61G15-33.004(2)(e), Fla. Admin. Code. (f) The second (non-numbered) Electrical Note on Sheet E-1 states: “All work shall be done in accordance with the latest edition of the National Electrical Code and all codes, regulations and restrictions having jurisdiction.” This non-specific requirement violates Rule 61G15-30.003(1)(), Fla. Admin. Code, which requires engineering documents to “List Federal, State, Municipal, and County standards, codes, ordinance, ENEMA PORTS FBPE vs. Santiago Bolivar, PE, Case No: 2014030707 Page 5 of 15 Administrative Complaint laws, and rules, with their effective dates, that the Engineering Documents are intended to conform to.” 12. Additionally, Respondent’s Electrical engineering drawings for the Duplex Project materially fail to comply with applicable portions of the NEC and FBC as follows: (2) The two electric service meters (one for each duplex dwelling) are shown on Sheet E — 1 to be installed on opposite sides of the duplex building. This constitutes a violation of NEC. 230.72 Grouping of Disconnects, as part of NEC 230.VI, Service Equipment. (b) The stove (kitchen range) is shown on the panel schedule to be rated at 8500 va (volt-amps or watts). This load calculates to 35.4 full load amps at 240 volts, or 40.7 minimum circuit amps. The panel schedule of the Main Panel on Sheets E ~ 1 and E~3 shows the stove being served by a 30 amp, 2 pole circuit breaker (circuit 19, 21). Sizing a branch circuit (30 amps) serving a household range at less than the load being served (40.7 amps) violates NEC 210.19, conductors — Minimum Ampacity and Size. (c) The Main Panel is served by a 200 amp disconnect switch, through 3 #210 THW, copper conductors. Sizing conductors serving a 200 amp load with #2/0 THW copper conductors violates NEC Table 310.16, which requires #3/0 copper conductors to serve a 200 amp load. (@ The Main Panel is shown in the Riser Diagram on Sheet E - 1 to be grounded to ground rods, water service and building steel. However the ground conductor size is omitted. i A LE FBPE vs. Santiago Bolivar, P.E., Case No: 2014030707 Page 6 of 15 Administrative Complaint . Failure to size the ground conductor violates NEC Table 250.122, which requires a minimum #6 copper or #4 aluminum grounding conductor for equipment not exceeding 200 amps. (e) Spacing of convenience receptacles shown on Sheets E~-1 and E —~2 in the dwellings is inadequate. Many walls on both levels have no receptacles designated; and the spacing of many others exceeds applicable codes. These omissions and design errors constitute a violation of NEC 210,52 “Dwelling Unit Receptacles Outlets.” (f) The two HVAC drawings (Sheets M — 1 and M — 2) and contain no Energy Calculations, no Make-Up Air criteria, and no combustion air calculations. These omissions constitute a violation of FBC-B 107.3.5. 13. Rule 61G15-34.001, Fla. Admin. Code, “Responsibility Rules of Professional Engineers Concerning the Design of Mechanical Systems” states that “Mechanical Engineering Documents shall be prepared in accordance with the applicable technology and with the requirements of the authority having jurisdiction. The documents shall identify the Engineer of Record for the mechanical systems project. Mechanical Engineering documents shall demonstrate compliance with the requirements of the applicable codes and standards ...” Rule 61G15-34.003(4), Fla. Admin. Code, “Design of Heating, Ventilation and Air Conditioning (“HVAC”) Systems,” requires in material part that “Mechanical Engineering Documents pertaining to HVAC systems ... shall indicate the following: [flor Mechanical Engineering Documents pertaining to HVAC systems that exceed the threshold requirements for mandatory use of professional engineering services, the plans shall indicate the following: (a) Demonstrate and provide adequate information for the AHJ to determine compliance with codes and ordinances. These may include test methods and results; data and tabulations for Energy errr eee FBPE vs, Santiago Bolivar, P.E., Case No: 2014030707 Page 7 of 15 Administrative Complaint Conservation that are results of the design; (b) Equipment selection schedule for each piece of mechanical equipment. All equipment shall have capacities listed including efficiencies, electrical or fuel requirements, static pressure and fan air quantities as applicable to the system, ..} (d) Outside (fresh) air make-up conditions; (e) Cooling coil requirements based on sensible heat, latent heat and total heat gains; (f) Heating equipment requirements; (g) Outside and inside design dry and wet bulb conditions; (k) Condensate discharge piping layout with pipe sizes; (n) All data needed to complete the Florida Energy Code calculations as applicable.” 14. Respondent’s HVAC Engineering Design Documents for the Duplex Project are materially deficient as follows: (a) The Mechanical Drawings do not state any codes, rules or ordinances with which the HVAC systems must comply. This absence of such requirement violates Rule 61G15-30.003(1)(b), Fla. Admin. Code, which requires engineering documents to “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.” (b) The drawings (Sheets M — 1 and M — 2) do not contain adequate information for the AHJ to determine compliance with codes and ordinances. This omission violates Rule 61G15-34.003(4)(a), Fla. Admin. Code. (c) Air conditioning equipment schedules are shown on Sheets M — 1 and M — 2 for air handling units and condensing units. The schedule does not indicate fan data for requited static pressure, horsepower or all electrical requirements. Outside air make-up calculations have not been included on the drawings. The drawings do not contain cooling coil requirements based on sensible heat, fatent heat and total heat gains; nor outside and inside design dry and wet bulb conditions. The drawings must indicate ne UEEanE Sew Ye FBPE vs. Santiago Bolivar, P.E., Case No: 2014030707 Page 8 of 15 Administrative Complaint compliance with the FBC-M. These omissions and errors in calculations constitute violations of Rule 61G15-34.003(4)b, d, e and g), Fla. Admin. Code. (d) Heating equipment is shown using electric resistance heating coils. No electrical requirements have been specified for these coils, only the required kW. The absence of electrical requirements for heating equipment constitutes a violation of Rule 61G15-34.003(4)(f), Fla. Admin. Code. (©) Condensate discharge piping is shown on the drawings but not sized. The absence of sized condensate discharge piping constitutes a violation of Rule 61G15- 34.003(4)(k), Fla. Admin. Code. (® The mechanical drawings do not contain all data required to complete the Florida Energy Code calculations, as required by the FBC-B, Chapter 13. The absence of all data required to complete the Florida Energy Code calculations constitutes a violation of Rule 61G15-34.003(4)(n), Fla. Admin. Code. 15. Rule 61G15-34, Fla. Admin. Code ,“Mechanical Systems” states that construction documents shall ... define the required mechanical systems, including plumbing components, processes, equipment and material .... Rule 61G15-34.007(2), Fla. Admin. Code, “Design of Plumbing Systems,” requires in material part that Mechanical Engineering Documents applicable to Plumbing Systems shall, when applicable, include but are not limited to the following: (a) Equipment schedules for all plumbing fixtures, water heaters, boilers, pumps, grease traps, septic tanks, storage tanks, expansion tanks, compression tanks and roof and floor drains; (c) Potable Water isometric diagrams with pipe sizes and total water fixture units; (d) Sanitary riser diagrams with pipe sizes and total sanitary waste fixture units; (¢) Storm riser diagrams with pipe sizes and cumulative drain area square footages; (i) List of ASHRAE, ASME, ASPE, ANSI and pa ae FBPE vs. Santiago Bolivar, P.E., Case No: 2014030707 Page 9 of 15 Administrative Complaint other applicable codes, design standards and requirements; (1) All plumbing fixtures, valves, pumps, tanks, accessories, specialties, enclosures, and such equipment shall be described and located on the drawings; (m) Material for all plumbing systems shall be specified. 16. Respondent’s Plumbing Engineering Design Documents for the Duplex Project are materially deficient as follows: (a) The Plumbing Drawings do not state any codes, rules or ordinances with which the Plumbing systems must comply. This violates Rule 61G1 §-30.003(1)(b), Fla. Admin. Code, which requires engineering documents to “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.” (6) Equipment schedules are not included on the drawings. The omission of equipment schedules from the Plumbing Documents constitutes a violation of Rule 61G15-34.007(2)(a), Fla. Admin. Code. (c) Potable water isometric diagrams are shown; however, not all pipe sizes are included on the isometric riser diagrams. Total water fixture units are not shown on the drawings. The omission of all piping sizes on all of the potable water isometric diagrams and the omission of total water fixture units constitutes a violation of Rule 61G15- 34.007(2)(c), Fla. Admin. Code. (d) Isometric sanitary riser diagrams are shown; however, total flow waste fixture units are not shown on the drawings. The omission of total water fixture units constitutes a violation of Rule 61G15-34.007(2)(d), Fla. Admin. Code. (e) No storm riser diagrams are shown on the drawings. No area drainage calculations are shown on the drawings. The omission of storm riser diagrams and area EEE NTT PTT FBPE vs. Santiago Bolivar, P.E., Case No: 2014030707 Page 10 of 15 Administrative Complaint drainage calculations constitutes a violation of Rule 61G15-34,007(2)(e), Fla. Admin. Code. (f) No list of applicable plumbing codes, design standards or requirements are shown on the drawings. The omission of applicable codes, design standards and requirements constitutes a violation of Rule 61G15-34.007(2)(i), Fla. Admin. Code. (g) No plumbing fixture schedules, hot water heater sizing, or materials for plumbing systems have been shown on the drawings. The absence of plumbing fixture schedules, equipment descriptions and materials for plumbing systems constitutes a violation of Rules 61G15-34.007(2)(1) and 61G15-34.007(2)(m), Fla. Admin. Code. 17. The Structural design documents (Sheets Al - A9 and S1 — S6) signed, sealed and dated by Respondent for the Duplex Project are materially deficient as follows: (a) The drawings do not include any railing details for the second floor adjacent to the stair opening. (b) The drawings do not include the impact resistance requirements for the windows as required by 2010 Florida Building Code Residential (‘FBCR”) Section R4403.16.1. (c) The drawings do not include roof drainage details at the parapet wall as required by FBCR Section R4403.6.1. (d) The drawings do not indicate a statement indicating the code used for the design as required by FBC-B Section 107. (e) Signed and sealed calculations as required by FBC-B Section 107 are not included. ET Sarr PT IT a FBPE vs. Santiago Bolivar, PE., Case No: 2014030707 Page 11 of 1S Administrative Complaint () A signed and sealed geotechnical report as required by FBCR Section R4404.2 is not included nor referenced within the drawings. (g) The structure does not have sufficient lateral load resistance in the east-west (side-side) direction to resist the wind loads required in FBCR Section R4403.9. (h) Reinforcing steel splice details as required in FBCR Section R4405.8.4 are not included. @® Horizontal joint reinforcing for the masonry walls as required by FBCR Section R4407.1.6 is not indicated on the drawings. (G) Tie columns as required by FBCR Section R4407.4.2.2 are not indicated on the drawings. tk) Tie beam TB-2 exceeds the maximum span of 7 feet as limited by FBCR Section R4407.2.3.2. co I 18. Petitioner realleges and incorporates Paragraphs One (1) through Twelve (12) as if fully set forth in this Count One. 19. Respondent’s Electrical Engineering Plans for the Duplex Project contain deficiencies including, but not limited to, those set forth in Paragraphs One (1) through Twelve (12). Respondent violated the provisions of Section 471.033(1)(g), Florida Statutes, and Rule 61G15-19.001(4), Fla. Admin. Code, by signing and sealing engineering documents that were issued and filed for public record when such documents were materially deficient in that Respondent: (1) did not exercise due care in the preparation of the final engineering documents for the Duplex Project, and (2) the final engineering documents for the Duplex Project were not issued in compliance with acceptable engineering principles. ar wr are FBPE vs. Santiago Bolivar, P.E., Case No: 2014030707 Page 12 of 15 Administrative Complaint 20. 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 21. Petitioner realleges and incorporates Paragraphs One (1) through Seven (7), Thirteen (13) and Fourteen (14) as if fully set forth in this Count Two. 22. | Respondent’s Mechanical HVAC Engineering Plans for the Duplex Project contain deficiencies including, but not limited to, those set forth in Paragraphs One (1) through Seven (7), Thirteen (13) and Fourteen (14) as if fully set forth in this Count Two. Respondent violated the provisions of Section 471.033(1)(g), Florida Statutes, and Rule 61G15-19.001(4), Fla. Admin. Code, by signing and sealing engineering documents that were issued and filed for public record when such documents were materially deficient in that Respondent: (1) did not exercise due care in the preparation of the final engineering documents for the Duplex Project, and (2) the final engineering documents for the Duplex Project were not issued in compliance with acceptable engineering principles. 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. COUNT III 24. Petitioner realleges and incorporates Paragraphs One (1) through Seven (7), Fifteen (15) and Sixteen (16) as if fully set forth in this Count Three. 25. Respondent’s Mechanical Plumbing Engineering Plans for the Duplex Project contain deficiencies including, but not limited to, those set forth in Paragraphs One (1) through Seven (7), Fifteen (15) and Sixteen (16) as if fully set forth in this Count Three. Respondent violated the provisions of Section 471.033(1)(g), Florida Statutes, and Rule 61G15-1 9,001(4), TT a FBPE vs. Santiago Bolivar, P.E., Case No: 2014030707 Page 13 of 15 Administrative Complaint Fla. Admin. Code, by signing and sealing engineering documents that were issued and filed for public record when such documents were materially deficient in that Respondent: (1) did not exercise due care in the preparation of the final engineering documents for the Duplex Project, and (2) the final engineering documents for the Duplex Project were not issued in compliance with acceptable engineering principles. 26. 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 IV 27. Petitioner realleges and incorporates Paragraphs One (1) through Seven (7) and Seventeen (17) as if fully set forth in this Count Four. 28. Respondent’s structural engineering drawings for the Duplex Project contain deficiencies including; but not limited to, those set forth in Paragraphs One (1) through Seven (7) and Seventeen (17). As a result of those deficiencies, Respondent violated the provisions of Section 471.033(1)(g), Florida Statutes, and Rule 61G15-19.001(4), Fla. Admin. Code, by signing and sealing structural engineering documents that were issued and filed for public record when such documents were materially deficient in that Respondent: (1) did not exercise due care in the preparation of the final engineering documents for the Duplex Project, and (2) the final engineering documents for the Duplex Project were not issued in compliance with acceptable engineering principles. 29. 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 revocation or eS TP ETIT? FBPE vs. Santiago Bolivar, P.E., Case No: 2014030707 Page 14 of 15 Administrative Complaint 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 Bie of her t , 2015, Zana Raybon Executive Director Florida Engineers Management Corporation 2639 North Monroe Street, Suite B-112 Tallahassee, Florida 32303 Florida Bar No. 212008 PCP DATE: May 12, 2015 PCP Members: Fiorillo, Matthews & Pepper CERTIFICATE OF SERVICE ] HEREBY CERTIFY that a copy of the foregoing filed Administrative Complaint was furnished to Mr. Santiago Bolivar, P.E., at 1415 16" Street, #1, Miami Beach, FL 33139 (his address of record with the Dep tof Business and Professional Regulation) via U.S. Certified Mail on the — day of Mas f » 2015. ENN POPE LTS LE FBPE vs. Santiago Bolivar, P.E., Case No: 2014030707 Page 15 of 15 Administrative Complaint

Docket for Case No: 15-004372PL