Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BUILDING CODE ADMINISTRATORS AND INSPECTORS
Respondent: LINDA MARY CARNLEY
Judges: CHARLES C. ADAMS
Agency: Department of Business and Professional Regulation
Locations: Shalimar, Florida
Filed: Sep. 01, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 12, 2001.
Latest Update: Dec. 24, 2024
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STATE OF FLORIDA .)
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI yO Oo
BUILDING CODE ADMINISTRATORS AND INSPECTORS B bi. By
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DEPARTMENT OF BUSINESS . IniRges
AND PROFESSIONAL REGULATION NGS
Petitioner,
DBPR CASE NUMBER 99-01319
VS.
LINDA MARY CARNLEY,
Respondent.
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TRATLV. P
COMES NOW, Department of Business and Professional Regulation, hereinafter referred
to as “Petitioner”, and files this Administrative complaint against LINDA MARY CARNLEY,
hereinafter referred to as “Respondent”, before the Building Code Administrators and Inspectors
Board, hereinafter referred to as “Board”, and alleges:
1. Petitioner is the state agency charged with regulating the practice of building code
administration pursuant to Section 20.165, chapter 455 and chapter 468, Part XII, Florida
Statutes.
2. Respondent is and has been at all times material hereto, a licensed building inspector
in the state of Florida having been issued license number BN0000869.
3. Respondent’s last known address is 409 Verb Street, Fort Walton Beach, Florida
32547.
4. Section 104.3.1, Standard Building Code, provides the following:
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, specification,
computations and additional data, and shall ascertain by such
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examinations whether the construction indicated and described is
in accordance with the requirements of the technical codes and all
other pertinent laws or ordinances.
5. Standard Building Code, Section 104.4.1 Action on permits, provides in part:
tee If the building official is satisfied that the work described in an
application for a permit and the contract documents filed therewith
conform to the requirements of the technical code and other pertinent
laws and ordinances, he shall issue a permit to the applicant.
6. Section 468.604(1)(a), Florida Statutes, provides in part that “[t]he construction plans
must be reviewed before issuance of any building, system installation, or other construction
permit.”
7. On or around October 16, 1998, William Carrin (hereinafter “Carrin”) applied to the
City of Fort Walton Beach Building Department for a permit for “re-roof & siding vinyl (cover
existing) (adding pitch) metal” for an estimated value of ten thousand dollars ($10,000) for a
project located at 378 Okaloosa Road NE.
8. At all times material hereto, Carrin was not licensed, registered, certified, or otherwise
properly qualify to perform roofing construction in the State of Florida.
9. Atall times material hereto, Carrin was not licensed as a specialty structure contractor
in the State of Florida to perform the work described in the permit application.
10. Respondent, and another inspector, Robert Iversen (hereinafter Iverson”), reviewed
Carrin’s application for a permit and the hand prepared sketch drawings, and requested that
Carrin submit a set of detailed drawings that specified the nature the work to be performed.
11. Carrin submitted a set of generic drawings, signed and sealed by a registered Florida
engineer, Lawrence Bennett, PE (hereinafter “Bennett”), that were sold in packages to
aluminum suppliers.
12. On or around October 19, 1998, City of Fort Walton Beach issued permit number
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99-96 to Carrin for a residential re-roof at 378 Okaloosa Road N.E..
13. At no time material hereto, did the City of Fort Walton Beach plans examiner review
the plans engineered by Bennett for compliance with the code. ,
14, On or around November 10, 1998, Respondent and Iverson proceeded with a framing
inspection for permit number 99-96 at 378 Oakaloosa Road NE without approved plans.
15. After rejecting the framing inspection, Respondent and Iverson required the
contractor to install additional bracing on end wall and to provide additional protection against
rain penetration.
16. The plans did not require additional bracing on end wall or additional protection
against rain penetration.
17. Respondent and Iverson altered the structural design by requiring the additional
bracing and additional protection against rain penetration, without prior approval of the engineer
of records.
18. Altering structural design without prior approval from the engineer of records
constitutes negligence resulting in a significant danger to life and property.
19. Proceeding with the inspections in the absence of the approved plans constitutes
negligence resulting in a significant danger to life and property.
20. Based upon the foregoing, Respondent violated Section 468.621(1)(g), Florida
Statutes (1999), by failing to properly enforce applicable building codes by committing willful
misconduct, gross negligence, gross misconduct, repeated negligence, or negligence resulting in
a significant danger to life or property.
WHEREFORE, Petitioner requests the Building Code Administrators and Inspectors
Board enter a final order imposing one or more of the following penalties: revocation or
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suspension of Respondent’s license, imposition of an administrative fine, issuance of a
reprimand, placement of Respondent on probation, and/or any other relief that the Board deems
appropriate.
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SIGNED this 26 dayof > vac 2000.
Cynthia A. Henderson
Secretary
By: Dacvitch KOM face ue
COUNSEL FOR THE DEPARTMENT F | | F D
Dorothy Trzeciecka
Assistant General Counsel Department of Business and Professional Regulation
Department of Business DEPUTY CLERK
and Professional Regulation ,
10 Noch om care Bradt ichels
(850) 410-1164 DATE © -24 “ALCO
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0/27/1999
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DATE: Bertolami & Moan}
Docket for Case No: 00-003639PL
Issue Date |
Proceedings |
Jan. 12, 2001 |
Order Closing File issued. CASE CLOSED.
|
Jan. 10, 2001 |
Motion to Relinquish Jurisdiction without Prejudice (filed via facsimile).
|
Jan. 08, 2001 |
Respondent Carnley`s Notice of Filing Returns of Service filed. |
Jan. 02, 2001 |
Letter to DOAH from S. Coxwell In re: request for subpoenas (filed via facsimile). |
Dec. 22, 2000 |
Notice of Service of Petitioner`s Answers to Respond net`s First Set of Interrogatories (filed via facsimile). |
Dec. 13, 2000 |
Respondent Carnley`s Notice of Serving Answers to DBPR`s First Set of Interrogatories filed. |
Nov. 21, 2000 |
Respondent Carnley`s First Request for Admissions to DBPR filed. |
Nov. 21, 2000 |
Respondent Carnley`s First Request for Production to DBPR filed. |
Nov. 21, 2000 |
Notice of Service of Respondent Carnley`s First Set of Interrogatories to DBPR filed. |
Nov. 15, 2000 |
Notice of Substitution of Counsel (filed by R. Crabill via facsimile).
|
Nov. 07, 2000 |
Respondent Carnley`s Objection to DBPR`s First Set of Interrogatories filed. |
Nov. 02, 2000 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for January 16, 2001; 10:00 a.m.; Shalimar, FL).
|
Oct. 30, 2000 |
Joint Motion for Continuance (filed via facsimile).
|
Oct. 02, 2000 |
Petitioner`s Notice of Propounding Interrogatories to Respondent (filed via facsimile). |
Sep. 14, 2000 |
Order of Pre-hearing Instructions issued.
|
Sep. 14, 2000 |
Notice of Hearing issued (hearing set for November 8, 2000; 10:00 a.m.; Shalimar, FL).
|
Sep. 05, 2000 |
Initial Order issued. |
Sep. 01, 2000 |
Linda Carnley`s Answer and Affirmative Defenses to the Administrative Complaint filed.
|
Sep. 01, 2000 |
Election of Right filed.
|
Sep. 01, 2000 |
Administrative Complaint filed.
|
Sep. 01, 2000 |
Agency referral filed.
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