STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, CONSTRUCTION ) INDUSTRY LICENSING BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 89-0781

)

ROBERT L. COCHRAN, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on April 20, 1989 in Sarasota, Florida. Thereafter, Petitioner filed a proposed recommended order on May 15, 1989 which was considered and is substantially incorporated in this Recommended Order.

APPEARANCES

For Petitioner: Mary Katherine Ramers, Esquire

Wayne J. Boyer, P.A. 1968 Bayshore Boulevard

Dunedin, Florida 34698 For Respondent: No appearance.

STATEMENT OF THE ISSUES

Whether or not Respondent engaged in gross negligence, incompetency and misconduct in reroofing the Beetham residence during August 1986 and, if so, what administrative penalty should be imposed.

FINDINGS OF FACT

Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, the following relevant factual finding are made:

1. Respondent, Robert L. Cochran, is a licensed roofing contractor having been issued license no. RC-0032408.

   
   

2. On April 1, 1986, Respondent agreed to reroof the home of Hugh E. Beetham, situated at 2406 Calamonga Lane in Sarasota, Florida for $3,600.00.

   
   

3. On April 3, 1986, Beetham paid Respondent $2,000.00 and paid the balance to him by installing carpet in Respondent's home in accordance with Respondent's directions.

4. Respondent removed Beetham's old roof during April, 1986, and laid tar paper over the structure. Respondent did not retile Beetham's roof until August, 1986.

   
   

5. David H. Gracey, who was received as an expert in roofing construction and systems, inspected Beetham's roof on August 26, 1987, to determine its condition by comparing existing features with the building code and the prevailing standards of roofing practice in Florida.

   
   

6. Respondent used a cement tile to reroof Beetham's home. In doing so, Respondent did not comply with the local building code as follows:

   
   

   1. The tile head lap was insufficient and was laid with excess exposure, causing courses to be stretched which resulted in the roof being approximately 2 courses short or

      230 less tile than should have been installed.

   2. Tile bed mortar was inadequate in size and placement causing excessive loose tile.

   3. Nearly 354 of 904 tiles or approximately 39.2% were loose presenting a safety hazard both in continued slippage and wind-borne tile in severe weather.

   4. Improper counterflashing detail at the chimney and gable with an unsuccessful attempt to seal the gable opening by the use of mortar.

   5. Detailing of the valleys were shoddy and misal igned.

   6. Tiles laid at the end of the house were uneven and created a safety hazard.

      
      

7. Based on the numerous deficiencies found by Gracey during his inspection of Beetham's roof, the only means by which the roof could be corrected would be to remove all existing tile and mortar and redo the entire roof. /1

   
   

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction over the subject matter of and the parties to this action pursuant to Section 120.57(1), Florida Statutes.

   
   

9. The parties were duly noticed pursuant to Chapter 120, Florida Statutes.

   
   

10. The authority of the Petitioner is derived from Chapter 489, Florida Statutes.

    
    

11. Respondent, a licensed roofing contractor, is subject to the disciplinary guides of Chapter 489, Florida Statutes.

    
    

12. Clear and convincing evidence was offered herein which establishes that Respondent, in reroofing the Hugh Beetham's residence during August, 1986, by using an insufficient tile head lap, laying tile with excess exposure causing

courses to be stretched, utilizing inadequate tile bed mortar in terms of size and placement which created excessive loose tile and the possibility of slippage and wind-borne tile, improper flashing detail at the chimney, gables and valleys of the roof, demonstrated gross negligence, incompetency and misconduct in the practice of contracting within the purview of Section 489.129(1)(m), Florida Statutes.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Petitioner enter a final order as follows:

1. Impose an administrative fine against Respondent in the amount of

   $750.00 payable to Petitioner within thirty (30) days following the entry of the final order.

   
   

2. Place Respondent's license number RC-0032408 on suspension for a period of three (3) months with the further proviso that suspension be suspended for a period of forty- five (45) days during which time Respondent shall be allowed an opportunity to reroof the Beetham's home in accordance with the applicable building codes and provided such reroofing occurs, that the entire period of suspension be suspended./2

RECOMMENDED this 1st day of June, 1989, in Tallahassee, Leon County, Florida.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 1st day of June, 1989.

ENDNOTES

1/ As noted herein, Respondent did not attend the hearing to refute or contest the charges and evidence adduced at the hearing.

2/ This recommendation is in accord with Rules 21E-17.001 and .002, Florida Administrative Code.

COPIES FURNISHED:

Mary Katherine Ramers, Esquire 1968 Bayshore Boulevard

Dunedin, Florida 34698

Robert L. Cochran 7010 Westwood Drive

Sarasota, Florida 34241

Fred Seely, Executive Director Construction Industry Licensing Board Department of Professional Regulation Post Office Box 2

Jacksonville, Florida 32201

Kenneth Easley, Esquire General Counsel

Department of Professional Regulation

1940 North Monroe Street Suite 60

Tallahassee, FL 32399-0729

Docket for Case No: 89-000781

Orders for Case No: 89-000781