iy é om 9 Cra “itt STATE OF FLORIDA “Sop - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION? fo, BUILDING CODE ADMINISTRATORS & INSPECTORS BOARD “ils Lys DEPARTMENT OF BUSINESS AND “ PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2002-000618 RALPH R. ZANELLO, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Building Code Administrators & Inspectors Board, against RALPH R. ZANELLO, ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating the practice of building code administration pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 468, Florida Statutes. 2. Respondent is licensed as a Building Code Administrator in the State of Florida, having been issued license number BU 444. 3. Respondent's last known address of record is 7634 Judith Crescent, Port Richey, Florida 34668. 4. At all times material hereto, Respondent was an employee of and the building official for the City of Port Richey, Florida. 5. Section 468.603(1), Florida Statutes, defines “building code administrator” or “building official” as any of those employees of municipal or county governments with building construction regulation responsibilities who are charged with the responsibility for direct regulatory administration or supervision of plan review, enforcement, or inspection of building construction, erection, repair, addition, remodeling, demolition, or alteration projects that require permitting indicating compliance with building, plumbing, mechanical, electrical, gas, fire prevention, energy, accessibility, and other construction codes as required by state law or municipal or county ordinance. Facts Pertaining to the Elgers Residence 6. At all times material hereto, Keith and Shelly Elgers were the owners of the single family residence located at 7549 Pier Road, Port Richey, Florida 34668. 7. In 1996, the Elgers’ residence was damaged by flooding caused by Hurricane Josephine and the structure needed to be rebuilt. 8. Respondent advised the Elgers of the potential for obtaining funds from the Federal Emergency Management Agency (“FEMA”) to pay for the retrofit of the existing structure. 9. On or about November 17, 1998, the Elgers entered into a contract with Sutter Building Contractors, Inc., for the demolition of the portions of the existing structure and for the retrofit and construction of a wood frame stilt house for a contract price of $68,732.00. 10. On or about October 20, 1998, following review of the construction plans submitted for the Elgers retrofitting project, the City of Port Richey Building Department issued building permit number 98763 for the Elgers project, and the work proceeded. 11. On or about July 16, 1999, Respondent issued Certificate of Occupancy number 99011 to “Sutter Homes/Elgers Residence” for the Elgers project. 12. After the Elgers took occupancy of the house, they noticed that the house would shake and move not only during high winds, but also during normal household activities. 13. Subsequent inspection by Bracken Engineering revealed that the Elgers’ home was not constructed according to the minimum requirements of the 1997 Standard Building Code (“Code”), more specifically as follows: a. Cross bracing of the stilts lacked adequate support and so the foundation is unstable. b. Roof beams were not installed according to the Code. c. Roof connectors were not installed according to the Code. d. The flooring system was missing hangers, connectors and blocking as required by the construction plans, and therefore did not have proper structural support. e. Until these Code violations are corrected, the Elgers and the Elgers’ home are exposed to significant danger to life and property. 14. Respondent failed to properly enforce the building code with respect to the Elgers’ home. 15. The Elgers’ have obtained cost estimates for the repair of the home in order to have the structure meet the minimum requirements of the Standard Building Code, with the estimated cost being between $37,416.80 and $52,200.00. 17. Respondent breached the duties prescribed by Section 468.603(1), Florida Statutes, and committed either gross negligence, gross misconduct, repeated negligence, or negligence. COUNTI 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth herein. 19. Based on the foregoing, Respondent violated Section 468.621(1)(g), Florida Statutes, 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. Facts Pertaining to the Goettle Residence 20. | Onor about August 10, 1995, Respondent conducted the final inspection of the the single-family dwelling located at 7632 Grand Boulevard, Port Richey, Florida 34668. 21. On or about September 26, 1995, Respondent issued Certificate of Occupancy number 95003 to “Tracy/Brent Kippur” for the dwelling located at 7632 Grand Boulevard, Port Richey, Florida. 22. In 1999, Richard Goettle purchased the above-referenced property from the Kippurs. 23. In October 2001, during the installation of french doors, Goettle learned of discrepancies in the construction of his dwelling. 24. Subsequent inspection by City of Port Richey building officials revealed that the dwelling was not constructed according to the minimum requirements of the 1994 Standard Building Code (“94 Code”), as follows: a. Tie down metal straps required by the 94 Code were missing. b. Hurricane clips at the doors and studs required by the 94 Code were missing. c. A single top plate plate was installed instead of a double top plate as required by the construction plans for the structure. d. A double girder truss, required by the construction plans, was missing. e. Until these Code violations are corrected, the Goettle’s and the Goettle home are exposed to significant danger to life and property. 25. Respondent failed to properly enforce the building code with respect to the Goettle home. 26 The cost to Goettle to repair the dwelling and bring it into compliance with the applicable building code is $20,000.00. 27. Respondent breached the duties prescribed by Section 468.603(1), Florida Statutes, and committed either gross negligence, gross misconduct, repeated negligence, or negligence. COUNT HL 28. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-seven as though fully set forth herein. 29. Based on the foregoing, Respondent violated Section 468.621(1)(g), Florida Statutes, 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 Building Code Administrators and Inspectors Board enter an Order imposing one or more of the following penalties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, require financial restitution to a consumer, impose an administrative fine not to exceed $5,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 468, 455, Florida Statutes, and/or the rules promulgated thereunder. ! Signed this ie COUNSEL FOR DEPARTMENT: Patrick L. Butler, Assistant General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Northwood Centre Tallahassee, FL 32399-2202 Cae # 2002-000618 CONTINUED FROM PARAGRAPH 2, FRONT PAGE Ladmit the following allegations of the Administrative Complaint: .. 1) 2) 3) 4) 5) Paragraphs 2 and 3. That at times I have been employed by the City of Port Richey, FL as’ the Building Official. That Section 468.603(1), Florida Statutes speaks for itself. That a some point the Elgers residence suffered storm damage and/or flooding. That there was some discussion with the Elgers concerning potential availability of Federal Fumds to assist in repairing or retrofitting existing structures. I DISPUTE ALL OTHER FACTS ALLEGED IN. THE ADMINISTRATIVE .__ COMPLAINT. My Attorney Maxwell G. Battle, Jr. has been instructed to respond to the Administrative Complaint on my behalf.

Docket for Case No: 03-003343PL