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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BUILDING CODE ADMINISTRATORS AND INSPECTORS vs ROBERT C. IVERSEN, 00-003640PL (2000)

Court: Division of Administrative Hearings, Florida Number: 00-003640PL Visitors: 28
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BUILDING CODE ADMINISTRATORS AND INSPECTORS
Respondent: ROBERT C. IVERSEN
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. 23, 2024
WU Y STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI BUILDING CODE ADMINISTRATORS AND INSPECTORS BOAR’ by oO Gy DEPARTMENT OF BUSINESS AND ye ¢ PROFESSIONAL REGULATION, SVE Petitioner, vs. Case No. 99-00270 ROBERT C. IVERSEN, Respondent. | ADMINISTRATIVE COMPLAINT COMES NOW, Department of Business and Professional Regulation, hereinafter referred to as "Petitioner", and files this Administrative Complaint against ROBERT C. IVERSEN, 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 building code inspectors pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 468, Part XIl, Florida Statutes. 2. Respondent is and has been at all times material hereto, a licensed building code inspector in the state of Florida, having been issued license number BN 0001176. 3. Respondent's last known address is 107 Miracle Strip Parkway SW, Fort Walton Beach, Florida 32549. U UY 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, 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. 5. Section 104.4.1, Standard Building Code, Action on permits, provides in pertinent part: ... 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 about October 16, 1998, William Carrin (hereinafter “Carrin’) applied to the City of Fort Walton Beach for a permit for “re-roof and 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 N.E. 8. At all times material hereto, Carrin was not licensed, registered, certified, or otherwise properly qualified to perform roofing construction in the State of Florida. 9. At all 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, Linda Mary Camley (hereinafter referred to as “Carnley”), reviewed Carrin’s application for a permit and the hand YU UY prepared sketch drawings submitted with it, and requested that Carrin submit a set of detailed drawings that specified the nature of the work to be performed. 11. Carrin submitted a set of generic drawings, signed and sealed by a registered Florida engineer, Lawrence Bennett, P.E. (hereinafter “Bennett”), that were sold in packages to aluminum suppliers. 412. Onor around October 19, 1998, the City of Fort Walton Beach issued permit number 99-96 to Carrin for a residential re-roof 378 Okaloosa Road N.E. 13. Atno time material hereto, did the City of Fort Walton Beach plans examiner review the plans engineered by Bennett for compliance with the code. 14. Onor around November 10, 1998, Respondent and Carnley proceeded with the framing inspection for permit number 99-96 at 378 Okaloosa Road NE, without approved plans. 15. After rejecting the framing inspection, Respondent and Carnley 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 Carnley altered the structural design by requiring 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 engineers of record constitutes negligence resulting in a significant danger to life and property. 19. | Proceeding with the inspections in the absence of approved plans constitutes negligence resulting in a significant danger to life and property. 20. Section 468.621(1)(g), Florida Statutes, provides in pertinent part, "(1)The following acts constitute grounds for which disciplinary actions may be taken: (g) 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.” . 21. 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 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, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, and/or any other relief that the Board deems appropriate. Signed this_ 26 TY day of vac 2000. FILED Department of Business and Professional Regulation DEPUTY CLERK _, Wflached DSL ¢72 By: David K. Minacci Lead Professions Attorne’ oate_(-24-2000 Y COUNSEL FOR DEPARTMENT: Dorothy Trzeciecka Senior Attorney Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399 (850) 410-1164 Case # 99-00270 Jonn PCP: Bertolami and Mount Date: March 5, 2000

Docket for Case No: 00-003640PL
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 Iversen`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 Inversen`s Notice of Serving Answers to DBPR`s First Set of Interrogatories filed.
Nov. 21, 2000 Respondent Iversen`s First Request for Admissions to DBPR filed.
Nov. 21, 2000 Respondent Iversen`s First Request for Production to DBPR filed.
Nov. 21, 2000 Notice of Service of Respondent Iversen`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 Averse`s Objections 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 Robert C. Inversen`s Answer and Affirmative Defenses to the Administrative Complaint filed.
Sep. 01, 2000 Election of Rights filed.
Sep. 01, 2000 Administrative Complaint filed.
Sep. 01, 2000 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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