\/ we] . I - STATE OF FLORIDA Len DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT Pu BUILDING CODE ADMINISTRATORS AND INSPECTORS BOA 27 PHI2: 5; DEPARTMENT OF BUSINESS AND Amine hy fe PROFESSIONAL REGULATION, HEADIN Petitioner, vs. CASE NO. 97-11733 EARL HOWARD ELLIOTT, DO - 3070 Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Department of Business and Professional Regulation, files this Administrative Complaint against Respondent, Earl Howard Elliott, and files this Administrative Complaint before the Building Code Administrators and Inspectors Board and alleges: 4. Petitioner is the state agency charged with regulating the practice of building code administration, inspection and plans review pursuant to Section 20.165, Florida Statutes; Chapter 455, Florida Statutes; and-Chapter 468, Part XII, Florida Statutes. | 2. Respondent is, and has been at all times material hereto, in the State of Florida, a licensed standard building inspector, license number BN 0001567, a licensed standard plans examiner, license number PX 0000689, a licensed limited plans examiner, license number LP 0000386, and a licensed limited inspector, license number IL 0000572. 32578. 4. WY WY Respondent's last known address is 41 Werk Lake Court, Niceville, Florida COUNT! Petitioner realleges and reincorporates the preceding paragraphs as if fully stated herein. 5. Section 468.621, Florida Statutes, provides in part: (1) The following acts constitute grounds for which the disciplinary action in subsection (2) may be taken: (g) Committing willful misconduct, gross negligence, gross misconduct, repeated negligence, or negligence resulting in a significant danger to life and property by failure to properly enforce applicable building codes. Section 104.3 of the Standard Building Code, Examination of Documents, provides in pertinent part: 104.3.1 Plan Review. The building official shall examine or cause to be examined each application for a permit and the accompanying documents, consisting of drawings, specifications, computations, and additional data, and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of the technical codes and all other pertinent laws or ordinances. Section 104.4 of the Standard Building Code, Issuing Permits, provides in pertinent part: : 104.4.2 Refusal to issue permit. If the application for a permit and the accompanying contract documents describing the work do not conform to the requirements of the technical codes or other pertinent laws or ordinances, the building official shall not issue a permit, but shall return the contract documents to the applicant with his refusal to issue such permit. Such refusal shall, when requested, be in writing and shall contain the reason for refusal. VY UY 8. At all times material hereto, Respondent was a chief building inspector and plans review examiner for the Okaloosa County Planning and Inspection Department. . 9. On or around January 29, 1997, Joe and Shirley Greene (hereinafter referred to as “the Greenes”) applied for an owner/builder permit with the Okaloosa County Planning and Inspection Department for construction of a new residence, a light- gauge steel frame structure, in Shalimar, Florida. 10. On January 29, 1997, Respondent reviewed plans for construction of the Greenes’ home at 903 Sara Drive, Shalimar, Florida and signed a plan review sheet with a notation indicating that the plans lacked engineering demonstrating that the structure met 100 MPH wind load requirements. 11. Following Respondent's approval of the plans, on or around January 31, 1997, Okaloosa County Planning and Inspection Department issued permit number 126871 for 903 Sara Drive in Shalimar. 12. | Subsequent to the issuance of the permit, on or around February 4, 1997, Respondent performed another plan review for 903 Sara Drive in Shalimar, noting that the architectural plans were incomplete, because they lacked “foundation plan, failed to show attachment schedule for % CDX, and lacked J bolts detail by the foundation designer.” 13. | Respondent failed to properly enforce Section 104.3.1 of the Standard Building Code when he did not properly review the plans for compliance with the applicable building codes prior to giving his approval of the plans and prior to the issuance of the permit. Y ww) 14. | Respondent's failure to properly review the plans for compliance with the applicable building codes prior to giving his approval of the plans and prior to the issuance of the permit constitutes negligence resulting in a significant danger to life and property. 15. Respondent failed to properly enforce Section 104.4.2 of the Standard Building Code when he failed to return the contract documents to the Greens with refusal to issue the permit, in view of the code violations that the Respondent noted during the February 4, 1997 plan review. 16. | Respondent's failure to return the contract documents to the Greens with refusal to issue the permit, in view of the code violations that the Respondent noted during the February 4, 1997 plan review, constitutes negligence resulting in a significant danger to life and property. 17. Based on the foregoing, Respondent violated section 468.621(1)(g), Florida Statutes, by committing willful misconduct, gross negligence, gross misconduct, repeated negligence, or negligence resulting in a significant danger to life or property by failing to properly enforce applicable building codes. COUNT II 18. Petitioner realleges and incorporates Paragraphs 4-5 and Paragraphs 8-14 as if fully stated herein. 19. Section 104.2. of the Standard Building Code, Drawings and Specifications, provides in pertinent parts: 104.2.1 Requirements. When required by the building official, two or more copies of specifications, and of drawings drawn to scale with sufficient clarity and detail to indicate the nature and character of the work, shall accompany the application for a permit. \ ww] 104.2.2 Additional Data. The building official may require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings, specifications, and accompanying data required by the building official to be prepared by an architect or engineer shall be affixed with their official seal. 20. Subsequent review of the plans for the Greens’ residence by Robert Holsclaw, the Department's expert, revealed the following deficiencies in the plan review by the Respondent: (1) The foundation plan did not contain sufficient detail or dimensional information to properly construct a steel wall and slab foundation. (2) The plans lacked proper details by the architect or the engineer in the form of notes on the plans. For example, a detailed diagram for the attachment of exterior plywood to the steel runners was missing on the plans. (3) The plans lacked details and notes of door and window schedules, as well as plumbing, electrical, air conditioning, or gas plans. (4) Individual plan sheets lacked matching dimensions. 21, Respondent failed to properly enforce Section 104.2.1 and.104.2.2 of the Standard Building Code when after reviewing the plans for the Greens residence he failed to request the details in the form of notes on the plans, failed to note lack of matching dimensions on individual plan sheets, and failed to ensure that the plans contained sufficient detail and dimensional information describing the construction and installation. 22. Respondent's failure to request the details in the form of notes on the plans, failure to note lack of matching dimensions on individual plan sheets, and failure to ensure that the plans contained sufficient detail and dimensional information UY VY describing the construction and installation constitutes negligence resulting in a significant danger to life or property. 23. Based on the foregoing, Respondent violated section 468.621(1)(9), Florida Statutes, by committing willful misconduct, gross negligence, gross misconduct, repeated negligence, or negligence resulting in a significant danger to life or property by failing to properly enforce applicable building codes. WHEREFORE, Petitioner respectfully requests the Building Code Administrators and Inspectors Board enter a Final Order imposing one or more of the following penalties: revocation or suspension of Respondent's license, restriction of the Respondent's practice, imposition of an administrative fine, costs, a reprimand, probation, and/or any other relief that the Board deems appropriate. yw SIGNED this /S"* dayof__ Duac , 2000, . Cynthia A. Henderson Secretary x Sy Dm - By: David K. Mi j F | L E D Lead Professions Attorney Department of Business and Professional Raguiation DEPUTY CLERK CLERK Par an Michele DATE _@- 2b-2000. YU COUNSEL FOR DEPARTMENT: Dorothy Trzeciecka Assistant General Counsel Florida Bar #0083518 Department of Business and Professional Regulation Northwood Centre 41940 North Monroe Street Tallahassee, Florida 32399-2202 (850) 488-0062 DJT/erb June 13, 2000 a No.: 97-11733 PC: — Bertolami and Mount DATE: 3/5/2000

Docket for Case No: 00-003070PL