FILLED Bepartment of Business and Professional Regulation | - Deputy Agericy Clerk: CLERK = Eyetia Lawson-Prostor Bate 10/24/2019: ss STATEOF FLORIDA _— [Flea DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT ‘OF BUSINESS AND Petitioner, Vee CASENO: 2019-019218 GERARD J. VERMEY, Respondent. Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitiones"), files this Administrative Complaint. before the Board of Architécture.and Interior Design against GERARD J. VERMEY,, (‘Respotident”), abd says: 1. Petitioner is the.state agency charged with regullativig the practice of architeotare: pursuant to Seetion 20.165, Florida Statutes, and Chapters 455 and 481, Florida Statutes, 2. Respondent-is-aid has heer at all times material. hereto, a licensed architect, in fhe State of Florida, having been. issued license number AR 4630, 3. —_ Respondent’s address of record is 420-3" Street South, Jacksonville Beach, FL 32250. 4. — Roland Patterson (“Patterson”) entered into.a contract to perform architectural services for a commercial project located at 1463 Speating Street, Jacksvonvillé, Florida, 5. Patterson-prepared the drawings for the commercial project, 6 At all times material hereto, Patterson was not duly registered or certified to engage’in the practice of architecture pursuant to ‘Chapter 481, Florida Statutes. EXHIBIT A 7. Respondent signed and sealed the plans prepared by Patterson for permitting. 8. The aforementioned plans and drawings were prepared outside of Respondent’s office. 9. Respondent failed to maintain as evidence of his efforts: written calculations, correspondence, time records, check prints, telephone logs, site visit logs or research done for the project. 10. Respondent failed to maintain written documentation that he has personally supervised the preparation of all documents and instruments of service, reviewed all project data, personally inspected the project site and entered into a written agreement with the persons preparing the documents accepting professional responsibility for such work. 11. The Respondent was not present when the plans were delivered by Patterson. 12. Respondent did not supervise the preparation of the aforementioned plans and drawings. 13. The Respondent functioned as essentially a “plan stamper” for Patterson’s plans since Paterson is not licensed to practice architecture in the State of Florida. 14. The Respondent has adopted the aforementioned plans as his own work and thereby accepted professional responsibility for the aforementioned plans. 15. Respondent signed and sealed the drawings on or about January 12, 2019 and the drawings were submitted to the Jacksonville Building Department for the purposes of obtaining a building department. 16. A true and correct copy of the Jacksonville Building Department’s comments regarding the plans are attached hereto as Exhibit “A”. 17. The plans and drawings were not of sufficiently high standard to clearly and accurately indicate or illustrate all essential parts of the work to which they refer. COUNT I 18. “Petitioner hereby realleges and incorporates paragraphs one (1) through seventeen (17) as if fully set forth herein. 19. Section 481.221(4), Florida Statutes, states in pertinent part that no registered architect shall affix her or his signature or seal to any final construction document or instrument of service which includes drawings, plans, specifications, or architectural documents which were not prepared by her or him or under her or his responsible supervising control or by another registered architect and reviewed, approved, or modified and adopted by her or him as her or his own work according to rules adopted by the board. 20. Rule 61G1-23.015(1), Administrative Code, require the architect to prepare and maintain as evidence of the architect’s efforts: written calculations, correspondence, time records, check prints, telephone logs, site visit logs or research done for the project and shall provide such evidence to state or local authorities upon their request. 21. Rule 61G1-23.015(2), Administrative Code, requires the architect to maintain written documentation that the architect has personally supervised the preparation of all documents and instruments of service, reviewed all project data, personally inspected the project site and entered into a written agreement with the persons preparing the documents accepting professional responsibility for such work. 22. Rule 61G1-23.015@), Administrative Code, requires the architect to be present whenever such final work is submitted to a client, in order to respond to questions and maintain written minutes of such a submission meeting. 23. Based upon the foregoing, Respondent has violated Section 481.221(4), Florida Statutes, and Rule 61G1-23.015, Administrative Code, by improperly certifying work prepared by another. COUNT 24. Petitioner hereby realleges and incorporates paragraphs one (1) through seventeen (17) as if fully set forth herein. 25. Section 481,.221(8), Florida Statutes, states final construction documents or instruments of service which include plans, drawings, specifications, or other architectural documents prepared by a registered architect as part of her or his architectural practice shall be of a sufficiently high standard io clearly and accurately indicate or illustrate all essential parts of the work to which they refer. 26. The drawings submitted by the Respondent were deficient based on the numerous comments from the Jacksonville Building Department attached hereto as Exhibit “A”. 27. The plans and drawings were not of sufficiently high standard to clearly and accurately indicate ot illustrate all essential parts of the work to which they refer. 28. Based upon the foregoing, Respondent has violated Section 481.221(8), Florida Statutes by signing and sealing plans that are not sufficiently detailed. WHEREFORE, Petitioner respectfully requests the Board enter an Order imposing one or more of the following penalties: Imposition of probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, require financial restitution to a consumer, impose an administrative fine not to exceed $5,000 per count, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 481 and 455, Florida Statutes, and/or the rules promulgated thereunder. eh Signed this o4 dayof ete oe — , 2019. PCP: October 14, 2019 Hall Rodriguez Shore Nolen DAVID K. MINACCI Smith, Thompson, Shaw, Minacci, Colén & Power, P.A. 140-D W 1* Street St. George Island, FL 32328 FL Bar No. 0056774 Ph: (850) 799-1882 Fax: (850) 799-1884 davidm@stslaw.com sonctmigy tied wenternenennitiauintiden ounces ss em pk meee jot Initial Building ° Plary Reviewer Name 2/19/2019 12:50:43 PM Sandy Rosenblatt Provide Zoning approval on the permit application / in BID, (904) 255-8300. ‘2/19/2019 12:50:48 PM Sandy Rosenblatt ; Provide Development Services approval on the permit application / in BID, (904) 255-8310. 2/19/2019 12:51:58 PM Sandy Rosenblatt ‘Provide a site plan, indicating the proposed addition. 2/19/2019 1: 03:52 PM Sandy Rosenblatt A separate permit is required to change the occupancy classification. identify on plans, that the building © changes comply with thé provisions of Sections 1002 through, 1012, FBC Existing Butiding 1001.3. 2/19/2019 3:11:25 PM Sandy Rosenblatt * Provide product approval information for door(s) & siding, include product number suffix, i.e. (.1, .2), bulletin GO3-05. Obtain form at: http://www.coj.net/departments/planning-and- development/docs/building-inspection-division/pais- -revised-7-30-2015.aspx. 2/19/2019 3:12:47 PM Sandy Rosenblatt Correct the scope of work. The drawings indicate this an alteration and identify the structure as existing. This is a new addition. 2/19/2019 3:13:27 PM Sandy Rosenblatt Provide a building code summary on plans. It shall include which building code designed by, occupancy classification, occupancy calculation / load, work area square footage, minimum floor live load and construction type, FBC chapters 3, 6, 10 and 16. 2/19/2019 3:13:56 PM Sandy Rosénbl tt Provide a furniture / fixture plan. . 2/19/2019 3:32:45 PM Sandy Rosenblatt . Answer all comments in a type written itemized narrative (summary), bulletin G35-00, 2/19/2019 3:32:54 PM Sandy Rosenblatt , . - Insert revised plans with clouded changes(stamped & dated with the revised stamp in our lobby), leave the original revised plans loosely {unstapled) attached. gery OOD exuiert 0 EXHIBIT A 2/19/2019 3:33:02 PM Sandy Rosenblatt Resubmitted documents / revisions shail be the same size as originals: doe 2/19/2019 3:45:14 PM Sandy Rosenblatt A site work permit is required for this project. Please provide a completed site work permit application with Zoning and Development Services approvals and a current tree survey of all protected trees in the’ Tree Ordinance (656.12) and Charter Amendment (Article 25) is required to perform the landscape, review on this site,. We recommend that the surveyor flag the trees by size and species to assist the landscape inspector in verifying tree locations. Impacted protected trees will require mitigation. Submit the application at the permitting counter to receive a permit number. - : 2/19/2019 3:46:00 PM Sandy Rosenblatt _ : ° Provide two sets of original signed and sealed drawings by the design professional of record, FBC 106 / "07.3.5. oe 2/19/2019 3:46:10 PM Sandy Rosenblatt Provide two sets of original signed and sealed drawings by the design professional of record, FBC 106 / 107.3.5. , : 2/19/2019 3:46:22 PM Sandy Rosenblatt Provide two sets of original signed and sealed drawings by the design professional of record, FBC 106 / 107,3.5. 2/26/2019 9:35:06 AM Hardy Padgett Please correct or provide the proceeding requested information to obtain plans approval. When resubmitting corrected sheets, please provide a written narrative letter responding to our comments and directing the plans reviewer to the sheets the changes have taken place. FAILURE TO SUPPLY . RESPONSE LETTER “WILL” RESULT IN A RETURNED FOR CORRECTIONS PERMIT STATUS. Revised sheets should be clouded clearly showing areas were changes or corrections have occurred and re-inserted ,) ; Q Zor 5 with the original set of drawings with old sheets removed. Unbound plans will not be reviewed. If this is an electronic submission please make sure that written narrative is submitted under correspondence along with a “complete set” (not just the revised sheets) of electronic documents. 1.) Fire Code Specific Code Summary: The building code and fire code differ on occupancy types and uses and can make the proper application of the code difficult. Please provide in addition to normal building code summary a fire code specific summary based off the Florida Fire Prevention Code (current edition) to include all the following information listed below. Failure to provide accurate fire code summary may delay plans review . approvals as we return plans for corrections and clarifications. * Occupancy type sub-classification (per NFPA 101 6.1) * Occupant Load (NFPA 101, Table 7.3.1.2) * Building construction type (per NFPA 101 8.2.1) * Gross square footage * Number of stories * Building height « Interior wall and ceiling finish requirements ¢ Allowable dead end limits ~« Allowable Common path of travel limits * Allowable travel distance limits * Any fire protection systems (sprinkler, fire alarm, etc.) * Statement from architect or engineers that their design to the best of their knowledge complies with the 6th Edition Florida Fire Prevention Code (FFPC). Also all existing building must provide classification of rehabilitation work categories per NFPA 101 43.1 * 2/26/2019 9:40:35 AM Hardy Padgett 2.) Life Safety Plan submitted ts lacking information, Please add the following details. Life Safety Plan: The City of Jacksonville’s Fire Marshal’s Office requires the submittal of a life safety plan for building permits for all new construction and existing building alterations in order to ascertain if occupancy is ‘currently code compliant and to assist fire inspector in performing Life Safety Inspections. Please provide a Life Safety Plan to include all the following information on one page: If Life Safety Plan was. submitted and you are receiving this comment, it means that all of the required info listed below was * . not included in your original submittal. It is understood that all listed items may not apply in your situation. EXHIB yt os ang 0192 , é. Ye S Required measurements: (Worst case only need be shown.) ’ e Dead end corridors measurements. * Common path of travel measurements. . * Total travel distance to exits. ~ Required separation: * Show all rated walls / provide adjacent tenant occupancy type with required occupancy separation. If special hazard’s protection are required please’show details on plans. Per new directive from building — official wall detail needs to include UL listing and needs to confirm by architect or engineer as being =” accurate, : Required Lock Latch details: . Lock/Latch details: Panic Hardware, Thumb turn lock, Key Lock with indicator and required signage. Required fixture layout ° : Seat layout diagram. ; *Provide store fixture, shelving, and display arrangement to include aisle widths to all required exits. Required Occupant Load Calculation: * Calculated occupant load using table 7.3.1.2 of NFPA 101 2015 edition. Required Egress Inches: * Egress inches for means of egress components (doors, stairs, etc.) Required Number of Exits: * All required exits shall terminate at a “public way’. Access to the public way shall be via a stable, firm, and stip resistant conveyance suchas a concrete sidewalk -with a min. 5’x5’ landing and 44” walkway. Required Exit Separation Distance: «Separation of exits using the one half (non-sprinkled) or one third (sprinkled) the diagonal distance rule. Required Electrical Stop/Disconnect Details: . Any required Emergency stops or Shunt trips. * Main Electrical disconnects access/location. Required fire extinguisher Locations: * Locations per NFPA 10 to include K class fire > extinguisher locations in kitchens. * Required Lightweight Truss Signage: : . ; ie 2 |o4) : ; ey eyey! \C\ 92 \ 8 25 \ sors ¢ Location of lightweight truss signage per FAC 69A-60.0081 (if applicable). Please see below for clarification to requirement. http://www.coj.net/Departments/Planning-and-Development/Docs/Building-Inspection- Division/bulletin-f-01-09-light-weight-truss-rule.aspx 3.) Please Note tehe Exit Door Swing Direction. The Occupant Load Exceeds 50. The Doors are Required to Swing Out. . ‘ 4.) Please Show the Exit Discharge to a Public Way. Include the Required Lighting. : 5.) Please Address the Overall Occupant Load, Particularly the "Use" of the Multi-Purpose Room. As Presented, the Occupant Load may be Concentrated (7) or Less Concentrated (15). 2/26/2019 11:45:21 AM Sandy Rosenblatt See comments above.

Docket for Case No: 19-006340PL