Mar 30 2006 9:45 Fax sent by : 9585218521 FL BOARD 63-36-86 49:37 Pg: 2/9 co ) STATE OF FLORIDA FLORIDA BOARD OF PROFESSIONAL ENGINEERS FLORIDA ENGINEERS . MANAGEMENT CORPORATION, Petitioner, y, FEMC Case No. 2004012659 NICHOLAS W. NICHOLSON, P-E., and NICHOLSON ENGINEERING ASSOCIATES, INC. Respondents. ' ADMINISTRATIVE COMPLAINT Petitioner, the Florida Engineers Management Corporation, files this Administrative Compiaint before the Board of Professional Engineers against Respondent, Nicholas W. Nicholson, P.E., and Nicholson Engineering Associates, Inc. This Administrative Complaint is issued pursuant to Sections 120.60 and 471.038, Florida Statutes. Any proceeding concerning this complaint shall be conducted pursuant to Section 120.57, Florida Statutes. In support of this complaint, Petitioner alleges the following: 1. Petitioner is charged with providing administrative, investigative, and prosecutorial services to the Board of Professional Engineers pursuant to Section 471.038, Florida Statutes (1997). The Board of Professional Engineers is charged with regulating the practice of engineering pursuant to Chapter 455, Florida Statutes. 2. Respondent, Nicholas W. Nicholson, P.E., is and has been at all time material hereto a licensed professional engineer in the State of Florida, having been issued license number Mar 30 2006 9:45 Fax sent by : 9585218521 FL BOARD 63-36-86 49:38 Pg: 32/9 PE 37862. Respondent, Nicholson Engineering Associates, Inc., has a Certificate of Authorization # 7544. Respondents’ last known address is 7468 Horse Lake Road, Brooksville, Florida 34601. 3. Respondent was the Engineer of Record for a residential construction project at 5140 Cyril Drive, Ridge Manor, Florida. 4. In signing and sealing the plans for the 5140 Cyril Drive project, Respondent failed to have due regard for acceptable standards of engineering principles in one or more of the following ways: a. The plans do not provide adequate bracing for the frames at ground level, b. The typical connection between the wood beams and the masonry columns of the frame, in combination with the column footings, do not have sufficient strength to resist bending moment. c. The interior column footings at the front wall are inadequate for gravity loads, based on the design soil bearing capacity shown in the drawings. d. The design dead load for the floor trusses is too low, é. Structural drawings for the concrete slab on grade specify control joints in only one direction. 5. Based on the foregoing, Respondent violated Section 471.033(1}(g), Florida Statutes, by negligence in the practice of engineering. WHEREFORE, the Petitioner respectfully requests the Board of Professional Engineers to enter an order imposing one or more of the following penalties: permanent revocation or suspension of the Respondent’s license, restriction of the Respondent’s practice, imposition of an Nicholas W. Nicholson, P.E., Case 2004012659 2

Docket for Case No: 06-001123PL