A s *Y JaneO2-O1 17:62 Frow-OANSCO ENGINEERING ©... STATE OF FLORIDA oF py hE 0 FLORIDA ENGINEERS MANAGEMENT CORPORATION °¢@ FLORIDA ENGINEERS HS is MANAGEMENT CORPORATION, “eins ‘ps Petitioner, 4 3 3 v. FEMC Case No, 00-0063 Y IRWIN J. BENSON, P.B, Or pee Pl Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW the Florida Engineers Management ‘Corporation, hereinafter referred to as “Petitioner,” and files this Administrative Compiaitit before the Board of Professional Euiginecrs against Irwin J, Benson, P.B,, hereinafter referred to as “Respondent”. This Administrative Complaint is issued pursuant to Sections 120.60 and - 471.038, Flotida S:itutes. Any proceeding conceming this complaint shalt be conducted pursuant to Sect o.. 120.57, Florida Statutes. In support of this complaint, Petitioner alleges the followin;: 1, Petitiorer is charged with regulating the practice of engineering pursuant to Chapters 455 and Chapter 471, Florida Statutes. 2. Respondent is and has been at all time material hereto a licensed professional engineer in the State of Florida, having been issued license number PE 49758. Respondent's last known address is 5811 White Oak Bayou Court, Bradenton, Florida 34203. - : . i Scat, gp veapnanier + daneO2-01 17:82 Frem-DANSCO ELCINEERING - 3 Respondent was retained by Regency Communities to perform a structural inspection of a roo” franing system for code compliance for a single-family residence located in Springhill, Flo..da. 4. + Ina ister dated and signed on August 19, 1998, Respondent and another engineer prepared a repost vegarding their structural observation of the resident's permanent and temporary bracing of the roof truss system. 5. Respondent certified in the structural observation report the following, “our observations are limited to the actual conditions at the time of inspection and are intended to verify that the as-built conctruction is is_in accordance, with the original construction documents," 6. On August 19, 199£, Responvent signed and sealed two drawings dr the single-family residence, The plans were subn.itted to the Hemando ” County: Biilding Department for permitting. - 7 Respondent's structural observation Teport and plans fail to conform ‘to acceptable engineering standards. , ee 8. Petitioner realleges and incorporates pan graphs ore (1) through seven (7) as if fully set forth herein this Count One. 9. The structural observation re;ort for the sing le-famit. residence failed to conform to acceptable engineering standards ‘ue to the tullowmiag: a, According to Respondent's letter, an Inspect n was n.ade by his office to verify that the as-built construction is in accordance w.th the original A. " Jai02-01 17:63) Fra DANSCO ENGINEERING _«HS-e4t- Sate “BRS SAARI constiuction but ais letter failed to point ous that the existing cons-ru tion doesnot comply with permitted drawings. b. The letter issued by his office is ambiguous and could m. Je 6 the reader into accepting the letter as verification for compliance. o. During his field inspection, Respondent's represent. ‘ive failed «0 cheok other obvious prablems with the construction, which should have been brought to the attention of the Engineer of Record and the Building Department. 10. —_ Based on the foregoing, Respondent is charged with violating Section 471.033{1)(g), Florida Statutes, by engaging in negligence in the practice of engit.cering, CQUNT TWO IL. Yetitioner realleges and incorporates paragraphs ¢ one (i) through seven (7) as if fully set for h herein this Count ‘Iwo. ape 12. Ths drawings for the single-family residence failed to conform to . acceptable engineering standards due to the foll. wing: a. Respondent issued the repait drawings, which did not address all existing problems with the roof framing system. b, Respcndent failed to address ai! the problems or clearly mark on the drawings that other problem areas were be.ng addressed by someone else, 13. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, by engaging in negligence in the practice of engineering. COUNT THREE 14. Petitioner realleges and incorporates paragraphs one (1) through seven (7) as if fully set forth herein this Count ‘Three. «vem SOR ek gt : MMe Eo, o. - PO RRL irae Ne. ree ae *. * Jan-0241 17363 From-DANSCO ENGINEERING Hi9-41F-1600 "TI BBA paTFE? 1S. Respondent signed and sealed drawing number 2, which does not have the tite of his firm or name printed on the drawings, 16. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, in that the Respondent violated Rule 61G15-23.0 22(z), Florida Administrative Code which sates engineers practicing through a duly aut!.orizect 4 indicated on each sheet. WHEREFORE, the Petitioner respectfully tequests the Board of Professional Engineers to enter an order imposing: oie or more of the following penalties: per'sanent revocation or suspension of the Re,pon fent's licenss, restriction of the Respondent's practice, imposition of an administr aive fiiie, issuance of a reprimand, placement of the \ engineering business the name, address, and engineering business number shall be legibly | d Respondent’ ah probation, the ass sssment of costs related “to the ‘investigation and prosecution of this case, other than costs as.ociated with an attorfigy’s time, as provided for in Section 455.227(3), Florida’ Stututes, anu/or ‘any other relief that the Board deems appropriate. | SIGNED this is aD day of Dee er __» 2000, COUNSBL FOR FEMC: Douglas D, Sunshine Prosecuting Attomey Florida Bngineers Management Corporation 1208 Hays Street bare rT 2000. | wo <7. = jamsOt1 11284 Fe om-CANSCO ENGINEERING His-tas-a08 TE RANT ys Tallahassee, Florida 3230) * Florica Bar No. 935263 DDS‘b PCP: November 16, 2000 PCF Members; Coby, Rebane, Seckinger

Docket for Case No: 02-003375PL