hereinafter referred to as “Respondem”, before the Building. Ce : Board, heréinafter referred to as “Board ” and alleges: ~~ STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL RE BUILDING CODE ADMINISTRATORS AND INSPECTOR DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, DBPR CASE NUMBER 2000-05389 “ | , : ore03 AL RICHARD DUANE, Respondent. J ADMINSTRATT VE COMPLAINT COMES NOW, Department of Business and Professional Regulation, hereinafter referred. to as “Petitioner”, and files this Administrative complaint against RICHARD DUANE, ; A Petitioner is the state e agency charged with regulating the practice of building code administration pursuant to o Section 20. 165, chapte er 455 and chapter 468, Part xm, Florida Statutes. ; 2. Respondent is and has been at all times material hereto, a licensed building inspector, : provisional plans examiner, and provisional building code administrator in the State of Florida, “having been issued license numbers 0003603, 0000233, and 0000110 respectively. 7 Respondent's last known address j is 531 Picasso Avenue, Palm Bay, Florida 32907-0000. 3. Respondent’s provisional plans examiner’s s license and provisional building code ‘administrator’ s license was issued on or around fully 20, 2000. a. with aluminum 1 roo! ~ was os Gala & asa Building Division i Manager with the 2 City of Palm Bay. 5. On or around | May 8, 2000, Respondent approved plans fora commercial swimming pool at 2002 Michels Drive, N. E., Palm Bay, Florida. 6. On or around May 8, 2000, Respondent approved and signed off the permit _ application for the commercial swimming pool referenced in paragraph 5, permit number 00- 02949. 7. On or around May 8, 2000, Respondent approved plans for a swimming pool at 467 Kodiac Drive, S. E., Palm Bay, . Florida. "8, On or around May 8, 2000, Respondent approved and signed. off the permit a application for the ‘swimming pool referenced i in paragraph 7 permit number 00- 03047. 9. ; on or around May 8, 2000, Responds ent approved plans for a three-wall screen room oa existing slab at 1950 Palm Bay Road NE, Palin Bay, Florida. 10. On or raround May 8, 2000, Respondent approved and signed off the permit application for the three wall screen room referenced i in paragraph 7, permit number 00- 03001. 11. On or around May 8, 2000, Respondent was not licensed asa building code administrator by the Florida Building Code Administrators and Inspectors Board. 12. On of around May 8, 2000, Respondent was not licensed as a | plans examiner by the . Florida Building Code Administrators and Inspectors Board. | 13, Respondent’ only valid license with the Florida Building Code Administrators and . Inspectors Board onor around May 8, 2000 was building inspector” s license number 0003603. 14, “Approval of construction plans and permits was outside the scope of Respondent's fo Spe atl | DATE: a/ss/ . Pipe ey 15. Section 468.603(6)(a) defines Building Inspector as “a person apo is cuakinenel) WL 27 pry is, inspect and determine that the buildings and structures are constructed in accordance with fhe TES : CEVISNG RY rem grog PE LPR provisions of the governing building codes and state accessibility laws.” we) ERA if VE 16. Based on the foregoing, Respondent violated Section 455.227(1)(0), Florida Statutes, by practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform. WHEREFORE, Petitioner 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 ofa reprimand, placement of Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED this /37* day of [Vo vember 2000. Kim Binkley-Seyer Secretary x ss fy By: David £. yhinaces Chief lig ak Course COUNSEL FOR THE DEPARTMENT Dorothy Trzeciecka Assistant General Counsel 4° * L 7 ; Department of Business : ; \; \ essional Raguiation and Professional Regulation Department of Business nine " : 1940 North Monroe Street DEPUTY Tallahassee, Florida 32399-0792 850) 410-1164 Mid hol (850) ; cen nando ~ 2000 pr | ORV So et 10/27/1999. : TT ae 7 pcp: Bern lari ¢ Zacks

Docket for Case No: 01-003033PL