soc ial a le Bs) ws FILED QOMAY 23 PHJ2: 26 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONSICN GF ae CONSTRUCTION INDUSTRY LICENSING BOARD ADMINISTRATIVE _ DIVISIONI : HEARINGS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, 0 0 _ 9 | 9 y “vs. Oo Case No. 98-00461 / ADMINISTRATIVE COMPLAINT ~ Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, . ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against FRANK MURILLO, ‘(’Respondent"), and says: 1 Petitioner i is the state agency ‘charged with regulating the practice of contracting ection 20.165, Florida Statutes, and ‘Chapters 455 and 489, Florida Statutes. . Respond nt is, and has been at all times material hereto, a Certified Residential tat of Flt, having been issued license number CR C054084. 3 Respondent's address of. record with the Construction Industry Licensing Board is ° 2705, N rth Combee Road, Lakeland, Florida, 33805. 4. : At all times material hereto, ‘Respondent w was s the licensed qualifier for Pro-Tex “~ Contracting & Equipment Sales Inc., ("Pro-Tex"). pipe nee cr RP 5. Section 489.1 195(1)(@), Florida Statutes, provides that all primary qualifying agents for a business organization are jointly and equally responsible for supervision of all * operations of the business organization; for all field work at all sites; and for financial matters, both for the organization in general and for each specific job. 6. On or about September 17, 1997, the Polk County Contractor Licensing Board filed an Administrative e Complaint charging the 1e Respondent as follows: Count I: Project to remodel residence located at 5225 W. Wood Circle, Lakeland: Polk County Ordinance 92-03, Section 14 (1)(c): Perform any work in a manner not in compliance with any applicable building code, ordinance, law, rule, regulation, policy or procedure, and any amendments thereto; adopted by the commission, to-wit: SBCCI/1994 - 103.1.1: Permit was not obtained prior to commencing the project and when same was obtained after completion of the project, it did not include the. entire project, ; SBCCI/I 994 — 103.2.1: No drawings were submitted for approval by the building department; SBCCI/1994 - 103.8.6: No inspections were requested or performed for the rough framing, rough electrical, plumbing or final; . SBCCI/1994 — 1701.2.1: Design bottom plate not bolted to slab, no strapping or connectors on studs to bottom and top plates, single top plate on bearing wall, window headers undersized and no 0 shear walls; NEC/1 993 - 210-23: Separate circuit required for air conditioning work; NEC/1993 — 300-15: Box or fittings not used when required; and, — . NECII993 =gBerl0: Work was s left ‘exposed. Count IL Project to remodel residence located at 38 Hill Street, Lakeland: Polk County Ordinance 92-03, Section 14 (1)(c): Perform any work in a manner not in compliance with any applicable building code, ordinance, law, rule, regulation, policy or procedure, and any amendments thereto, adopted by the commission, to wit: SBCCI/1993 — 103.1.1: Permits were not obtained prior to commencing project; SBCCI/1993 — 103.2.1: Drawings were not submitted for approval to the building department; and, .eSBCCI/1993 — 103. 8.6: No inspections were performed as required for footings cand rough plumbing. Count im: Project to remodel residence located at 4710 Ron Circle, Lakeland: Polk County Ordinance 92-03, Section 14 (1)(c): Perform any work in a manner not in compliance with any applicable building code, ordinance, law, rule, regulation, policy or procedure, and any amendments thereto, adopted by the commission, to wit: SBCCV/1993 - 103.1.1 Permits were not obtained as required: . SBCCI/1993 — 103.2.1: Drawings were not submitted for approval to the building : department, and, oe SBCCI/1993 - - 103. 8.6: No inspections ' were re performed as required for footings, slab, framing, electrical or final. 7. ; Ono or ‘about September 19, 1997, the Polk County Contractor Licensing Board filed a Noted SFA Administrative Hearing i in Case No. 97-16 whereby the Respondent was notified that an administrative hearing would be ‘conducted on Thursday, October 9, 1997, to consider evidence of the above alleged violations of the Polk County Ordinance. 8. On or about December 11, 1997, the Polk County Construction Licensing Board convened to hear the allegations contained in the Administrative Complaint filed in Case No. 97- 16, - 9. By order dated December 11, 1997, the Polk County Construction Licensing Board found the Respondent to have violated applicable building codes and voted to revoke the Respondent’s permitting privileges ithe unincorporated areas of Polk County for a period of sis 0) seas a ee oe . ; cot ; COUNTI cage myers