REPRESENTING ALEX SINK CHIEF FINANCIAL OFFICER STATE OF FLORIDA IN THE MATTER OF: xs DUS I~ HERNANDO FIRE & SAFETY EQUIPMENT CO. NO.: 91287-FM-07 RAYMOND FERGUSON, Qualifier License number: 43750500011988, And FRANK SPERLAZZA, Permittee NAY 23 2008 Permit number 3194500001 1998 SFM Case # 0506009 Docketed by*, . / . ADMINISTRATIVE COMPLAINT TO: Mr. Raymond Ferguson Hernando Fire & Safety Equipment Co. 1109 Ponce De Leon Boulevard Brooksville, Florida 34601 Mr. Frank Sperlazza 1017 Firwood Avenue Springhill, Florida 23609 You, RAYMOND FERGUSON, Fire Equipment Dealer License I.D. # 43750500011988, and, HERNANDO FIRE & SAFETY EQUIPMENT CO., licensed equipment dealer, (hereinafter collectively referred to as “Hernando,” “you,” or “your”), and FRANK SPERLAZZA, Preengineered Systems Permittee, I.D. # 3194500001 1998 (hereinafter referred to as “Sperlazza, “you” or “yours”), are hereby notified that the Chief Financial Officer of the State of Florida, acting in the capacity of State Fire Marshal, or her designee, (hereinafter referred to as the “Department”), has caused to be made an investigation of your activities while licensed in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1, Pursuant to Chapter 633, Florida Statutes, Hernando Fire & Safety Equipment Co. is currently licensed in this state as.a Fire Suppression Equipment Dealer Class D. Raymond Ferguson is the sole qualifier for Hernando Fire & Safety Equipment Co. 2. Pursuant to Chapter 633, Florida Statutes, Frank Sperlazza currently holds a permit in this State to serve preengineering systems, and is a preengineered systems permit holder for Hernando Fire & Safety Equipment Co. | 3. Pursuant to Chapter 633, Florida Statutes, the SFM has jurisdiction over the licenses of Hernando, Ferguson and Sperlazza. 4. The phrase “preengineered system” is defined in Section 633.021(20), Florida Statutes, as a “fire suppression system which: (a) Uses any of a variety of extinguishing agents. (b) Is designed to protect specific hazards. (c) Must be installed according to pretested limitations and configurations specified by the manufacturer and applicable National Fire Protection Association (NFPA) standards. (d) Must be installed using components specified by the manufacturer or components that are listed as equal parts by a nationally recognized testing laboratory such as Underwriters Laboratories, Inc., or Factory Mutual Laboratories, Inc. (e) Must be listed by a nationally recognized testing laboratory. Preengineered systems may incorporate special nozzles, flow rates, methods of application, pressurization levels, and quantities of agents designed by the manufacturer for specific hazards.” 5. Preengineered fire suppression systems may only be installed and inspected by fire suppression equipment dealers licensed under Section 633.061, Florida Statutes. 6. The individual actually performing the work of installing or inspecting a preengineered system must possess a valid and subsisting preengineering permit issued by the Department according to Section 633.61(2), Florida Statutes. 7. Pursuant to Section 633.065, Florida Statutes, the preengineered fire suppression system installed must be listed by a nationally recognized testing laboratory, such as Underwriters Laboratories, Inc. or Factory Mutual Laboratories, Inc., and installed in accordance with the applicable standards of the National Fire Protection Association (hereinafter referred to as “NFPA”) and the manufacturer's drawings and specifications. 8. Once installed, Sections 633.062 and 633.065, Florida Statutes, provide that the preengineered equipment must be inspected, serviced, and maintained in accordance with the manufacturer's maintenance procedures and with applicable NFPA standards. 9. Rule 69A-21.302, Florida Administrative Code, requires that a preengineered hood fire suppression system be installed and inspected in accordance with NFPA 96 (1998 edition), adopted in Rule 69A-3.012, Florida Administrative Code. 10. The hood fire suppression system installed and maintained by Sperlazza on behalf of Hernando at the Red Barn Steakhouse is a preengineered fire suppression system. 11. On or about June 22, 2006, a fire occurred at the Red Barn Steakhouse located at 6150 New Tampa Highway, in Lakeland Florida. The Department inspected the hood fire suppression system to determine whether it was properly installed and working at the time of the fire. 12. The Department’s inspection and testing of the fire suppression system revealed the system was unable to control the fire because of the grease build-up above and behind the system and in the rafters of the building, which was caused by the failure to properly seal the seams of the system. Additionally, several violations of NFPA 96 were noted which had not been noted on the inspection report as required. COUNT] 13. The above General Allegations are hereby realleged and fully incorporated by reference herein. 14. The preengineered system installed at the Red Barn Steakhouse is an Ansul R-102 Wet Chemical Fire Suppressions System. The system was installed inside and outside of two commercial cooking hoods. The purpose of the hoods is to capture grease-laden vapors and exhaust gasses. The hoods and their ductwork are integral parts of the fire suppression system, called detection links, which monitor the temperature within the hood, and automatically release fire suppressant when a prescribed temperature is reached. The preengineered system installed at the Red Barn Steakhouse consists of two square boxes containing fire extinguishers, a nitrogen cartridge, and piping. The automatic temperature sensor activates the nitrogen cartridge, which in turn activates the extinguishers. The suppressant material travels through the piping to the hoods to multiple dispensing nozzles covering the cooking surface and heat source. 15. The preengineered system at Red Barn Steakhouse was installed by Sperlazza on behalf of Hernando in January of 2004. The hoods were preexisting. 16. Hernando is responsible for the work of its permittee, Frank Sperlazza, pursuant to the provisions of Section 633.061, Florida Statutes. 17. NFPA 96 (1998 edition) adopted in Rule 69A-3.012, Florida Administrative Code, provides the minimum fire safety requirements (preventative and operative) related to the design, installation, operation, inspection, and maintenance of all public and private cooking operations. 18. NFPA 96-2.1.1 states “all seams, joints, and penetrations of the hood enclosure that direct and capture grease-laden vapors and exhaust gases shall have a liquidtight continuous external weld to the hood’s lower outermost perimeter.” 19. Hernando and Sperlazza failed to install the fire suppression system in accordance with NFPA 96-2.1.1. (1998 edition), in the following ways: (a) An opening was left between the two hoods, which allowed grease-laden vapors and exhaust gasses to escape the system and accumulate on the walls behind the cooking equipment, outside of the hoods, and on the ceiling, instead of being sealed with a liquid tight continuous external weld as required. (b) The two hoods were not welded together, which allowed grease-laden vapors and exhaust gasses to escape the system and accumulate on the walls behind the cookers, outside of the hoods, and on the ceiling, instead of sealing the opening between the two hoods with a liquid tight continuous external weld as required. (c) A seam in the ductwork leading from the hood to the outside of the building was not welded, allowing the grease-laden vapors and exhaust gasses to build up in the rafters of the building, instead of providing a continuous external weld from the hood duct work to the outside of the building as required. (d) A hole remained in the hood when the old preengineered system piping was removed. When the new preengineered system was installed, the remaining hole was not sealed or welded, allowing the grease-laden vapors and exhaust gasses to build up on the outside of the hood, the walls, and the ceiling, instead of applying a liquid tight continuous external weld to the hole as required. IT IS THEREFORE CHARGED that you, Hernando and Sperlazza, have violated or are accountable under the following provisions of the law which constitute grounds for discipline, including the suspension or revocation of your licenses and permit: : (a) Violating any provisions of the Chapter 633, Florida Statutes. [Section 633.162(1), F lorida Statutes); (b) Failing to install preengineered fire suppression equipment in accordance with Department rules and the applicable standards of the National Fire Protection Association. [Section 633.065(1)(c), Florida Statutes; Rules 69-21.302(5), and 69A-304(1), Florida Administrative Code]. COUNT II 20. The above Allegations are hereby realleged and fully incorporated by reference herein. 21. The Ansul R-102 Wet Chemical Fire Suppressions System at Red Barn Steakhouse was inspected and serviced by Sperlazza, on behalf of Hernando, on January 11, 2006. 22. Hernando is responsible for the work of its permittee, Sperlazza, pursuant to the provisions of Section 633.061, Florida Statutes. 23. Pursuant to Section 633.071(1), Florida Statutes, service tags must be attached to all preengineered systems required by statute or by rule when they are placed in service, serviced, repaired, tested, recharged, or inspected. Preengineered systems may be tagged only after a system has been inspected, serviced, installed, repaired, recharged, and hydrotested in compliance with Chapter 633, Florida Statutes, the standards of the NFPA, and the manufacturer’s specifications, and after a report, as specified by rule, has been completed in detail, indicating any and all deficiencies or deviations from the manufacturer’s specifications and standards of the National Fire Protection Association. It is unlawful to place into service, or to service, test, repair, inspect, install, hydrotest, or recharge any fire extinguisher or preengineered system without attaching one of said tags, completed in detail, including the actual month work was performed. 24. You, Hernando and Sperlazza, failed to report the deficiencies noted in paragraph 19, subparagraphs (a) through (d) in the deficiency report required to be prepared, and improperly attached the required tag to the preengineered system without noting the deficiencies. IT IS THEREFORE CHARGED that you, Hernando and Sperlazza, have violated or are accountable under the following provisions of the law which constitute grounds for discipline, including the suspension or revocation of your licenses and permit: (a) Violating any provisions of the Chapter 633, Florida Statutes. [Section 633.162(1), Florida Statutes); (b) __ Failing to inspect preengineered fire suppression equipment in accordance with the applicable standards of the National Fire Protection Association. [Section 633.065(2), Florida Statutes; Rules 69-21.302(5), and 69A-304(2), Florida Administrative Code]. WHEREFORE, HERNANDO FIRE & SAFETY EQUIPMENT CO., RAYMOND FERGUSON, Qualifier, and FRANK SPERLAZZA , Preenginered Systems Permit holder for Hernando Fire & Safety Equipment Co., are hereby notified that the Chief Financial Officer of the State of Florida, acting in the capacity of State Fire Marshal, or her designee, intends to enter an Order revoking your licenses and permits, pursuant to Section 633.162, Florida Statutes, or to impose such - penalties as set forth in Section 633.163, Florida Statutes. You are further notified that any order entered in this case revoking any licenses or permits, or eligibility for licenses or permits held by you shall also apply to all other licenses, permits, and eligibility held by you under Chapter 633, Florida Statutes. NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department pursuant to Sections 120.569 and 120.57, Florida Statutes, and Rule 28-107, Florida Administrative Code. The proceeding request must be in writing, signed by you, and must be filed with the Department within twenty-one (21) days of your receipt of this notice. Completion of the attached Election of Proceeding form and/or a petition for administrative hearing will suffice as a written request. The request must be filed with the General Counsel acting as Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. Your written response must be received by the Department no later than 5:00-p.m. on the twenty-first day after your receipt of this notice. Mailing the response on the twenty-first day will not preserve your right to a hearing. YOUR FAILURE TO RESPOND IN WRITING WITHIN TWENTY- ONE (21) DAYS OF YOUR RECEIPT OF THIS NOTICE WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF REVOCATION WILL BE ENTERED AGAINST YOU. If you request a proceeding, you must provide information that complies with the requirements of Rule 28-107.004, Florida Administrative Code. As noted above, completion of the attached Election of Proceeding form conforms to these requirements. Specifically, your response must contain: - (a) The name and address of the party making the request, for purpose of service; (b) A statement that the party is requesting a hearing involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; and . (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received from the agency. If a hearing of any type is requested, you have the right to be represented by counsel or other qualified representative at your expense, to present evidence and argument, to call and cross-examine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. If a proceeding is requested and there is no dispute of material fact, the provisions of Section 120.57(2), Florida Statutes, apply. In this regard, you may submit oral or written evidence in opposition to the action taken by the Department or a written statement challenging the grounds upon which the Department has relied. While a hearing is normally not required in the absence of a dispute of fact, if you feel that a hearing is necessary, one will be conducted in Tallahassee, Florida, or by telephonic conference call upon your request. However, if you dispute material facts which are the bases for the Department’s action, you must request an adversarial proceeding pursuant to Sections 120.569 and 120.57(1), Florida Statutes. These proceedings are held before a State administrative law judge of the Division of Administrative Hearings. Unless the majority of witnesses are located elsewhere, the Department will request that the hearing be conducted in Tallahassee, Florida. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior oral communication or correspondence in this matter shall be considered freeform agency action, and no such oral communication or correspondence shall operate as a valid request for an administrative proceeding. Any request for an administrative proceeding received prior to the date of this notice shall be deemed abandoned unless timely renewed in compliance with the guidelines as set out above. Mediation of this matter pursuant to Section 120.573, Florida Statutes, is not available. No Department attorney will discuss this matter with you until the response has been received by the Department of Financial Services. DATED and SIGNED this oe. 13 day of , 2008. Deputy Chief Fin¥ncial Officer CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished to: HERNANDO FIRE & SAFETY EQUIPMENT CO., RAYMOND FERGUSON, Qualifier, and FRANK SPERLAZZA, Permittee, at the addresses noted above, by Certified Mail this day of 2008. ‘ous Lesley defson Assistant\Beneral Couns, Florida Bar No. 02997569 Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Fl 32399-0333 (850) 413-4282 Attorney for Department

Docket for Case No: 08-003652