Petitioner: FLORIDA ENGINEERS MANAGEMENT CORPORATION
Respondent: RICHARD P. WASILEWSKI, P.E.
Judges: R. BRUCE MCKIBBEN
Agency: Department of Business and Professional Regulation
Locations: Clearwater, Florida
Filed: Nov. 03, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 7, 2009.
Latest Update: Jan. 10, 2025
Nov 3 2008 14:03
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STATE OF FLORIDA
FLORIDA BOARD OF PROFESSIONAL ENGINEERS
TLORIDA BOARD OF PROFESSIONAL
ENGINEERS,
Petitioner,
v. FEMC Case No. 2007020504
RICIIARD P. WASILEWSKL, P.E.,
Respondent,
ADMINISTRATIVE COMPLAINT
COMES NOW the Florida Engineers Management Corporation (FEMC) on behalf of
Petitioner, Florida Board of Professional Engineers, hereinafter referred to as “Petitioner,” and
files this Administrative Complaint against RICIIARD P. WASILEWSKI, P.E., hereinafter
referred to as “Respondent”. This Administrative Complaint is issued pursuant to Sections
120.60 and 471,038, Mlorida Statutes. Any proceeding concerning this complaint shall be
conducted pursuanl to Section 120.57, Florida Statutes. In support of this complaint, Petitioner
alleges the following:
1. Petitioner, Florida Board of Professional Engineers, is charged with regulating the
practice of engincering pursuant to Chapter 455, Florida Statutes. This complaint is filed by the
Florida Engineers Management Corporation (FEMC) on behalf of Petitioner. FEMC is charged
with providing administrative, investigative, and prosecutorial services to the Florida Board of
Professional Engincers pursuant to Section 471.038, Florida Statutes (1997).
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2. Respondent is, and has been at all timcs matcrial hereto, a licensed professional
engincer in the State of Florida, having been issued license number PE 15586. Respondent’s last
known address is 1520 Chateauwood Dr., Clearwater, FL 33764.
3. Respondent prepared plans for a hip screen enclosure for a projeci located at 8601
Winsome Way. (Winsome Way Project)
4. Respondent prepared plans for a mansard style screen enclosure for a project
described as Lake Cascade Lot 17, Block 1. (Lake Cascade Project)
COUNT I (Winsome Way Project)
5. Petitioner realleges and incorporates paragraphs one (1) through three (3) as if
fully set forth in this Count I.
6. Respondent’s hip screen enclosure plans are deficient in one or more of the
following ways:
a. Comments on the plans indicate a Hip-Gable roof and there is some
indication of a ndge location by some small parallel lines adjacent to the beams,
but there is no note which neither explains the meaning of these lines nor is the
roof shown on the elevation views. It is difficult to determine the shape and
extent of the roof and the typical section on Sheet 2 does not specify a roof slope.
b, No roof or wall bracing is indicated or specified on Sheet 1. Some type of
lateral bracing is required to resist forces on the structure from lateral wind flow.
None is shown on the plans.
c. The 2X9 SMB’s shown spanning 35 ft are overstressed with the then
required 10 psflive load.
FBPE v. Richard P. Wasilewski, P.E., Case No, 2007020504
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From: 18585216521 Pagse:S¢9
d. Acceptable alloys are listed as either 6063T5 or 6063T6. The TS alloy has
a maximum allowable tensile stress of 9.5 ksi while the T6 alloy has a maximum
allowable tensile stress of 15 ksi. While T6 is commercially available in the
market place, offering the option of utilizing the weaker alloy has a potential of
creating a much weaker frame.
€, ‘The cable wall brace detail shows a 3/32” @ cable “(1750 Ibs)”. Tlem #8
in the general notes on the same sheet indicates that “Cables shall be 300 Series
Stainless Steel of 1200 Ib. strength.” Searching the internet for specifications for
300 Series Stainless Steel cable produced tables that indicatc, for a 3/32” @
stainless steel “minimum breaking strength” of 1,200 lbs. A factor of safety
(typically 1.5 min.) would have to be applied to this value, and, the resultant value
is on a 45° slope, so that the resulting horizontal allowable force will be reduced
by these 2 factors and result in a magnitude of approximately 5604. This is
significantly lower than the valuc used in Respondent’s calculations.
fi The moment splice al the ridge is a gusseted connection. The splice plates
are spccificd as 8” deep for the 9” beam. The thickness is specified as equal to
the “beam thickness”. The 2X9 specified has a web thickness of .072”. The plate
alloy is unspecified. If it were 6061176, a high strength plate, then its allowable
bending stress would be 19ksi (on the gross section}, The allowable moment for
the plate would then be; ((.072" X 2) X 87/6) X 19 ksi or 29,2 kip-in, The
moment calculated for the beam is 124 kip-in.
FBPE y Richard P. Wasilewski. PE, Case No 20070203504
yal
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7. 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 IL (Lake Cascade Project)
8. Petitioncr realleges and incorporates paragraphs one (1) through two (2) and four
(4) as if fully set forth in this Count TT.
9. Respondent’s mansard style screen cnclosure plans are deficient in one or more of
the following ways:
a, The schematic plan view on Sheet 1 does not show the roof height or in
this case, the mansard rise. It also is not dimensioned in such a way so that the
actual 2X8 SMB beam span can be determined. While the “Structural Items”
indicates a span of 20’ 7”, there is an offset shown for the host structure fascia
and the length of the enclosure side wall is also shown at 20° 7”, The dimension
20° 7° is used for the calculations, and, as 36” is a typical industry mansard rise,
this is the value used for the calculation of the applied bending moment for
simultaneously applied loads.
b. The three beams for this enclosure were analyzed using Visual Analysis (a
finite element analysis and design program) for the spacing and span specified on the
drawings with one simultaneous load case with horizontal pressure from the outside in
simultancously applied with roof uplift.
c. The columns shown are 2X4 Hollow (listed as .055”, however, the typical
profile sold has a 0.050" wall thickness). This columm has an allowable moment of 8.7
kip-in per the included ADM requirements. Given a spacmg of 97”, a pressure of 15 psf,
and a span of 9°8”. The induced bending moment is 17 in-kips.
TRPF. v Richard P, Wasilewski, P.E., Case No. 2007020504
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In Respondent’s calculations for this project, the beam moments are
underestimated because the horizontal and vertical wind loads were not applied
simultaneously and no axial stress was considered, And while the columns were checked
for simultaneous loading, the allowable compressive and allowable bending stresses were
overestimated as shown in item 2 ahove.
d. Shect 2 has a cable detail similar to the one presented on the Winsome
Way project. The same comments apply to this project as stated in the Winsome Way
comments and opinion as to cable assembly strength. A gable moment splice is shown
on Sheet 3 and the same comment applies as discussed for the Winsome Way project,
The gusset thickness and depth are far loo small to resist the applied moment (thickness
shown as 1/8” per plate), and fastener location and arrangement are not specified.
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 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
administrative fine, issuance of a reprimand, placement of the Respondent on probation, the
assesstnent of costs related to the investigation and prosecution of this case, other than costs
associated with an altorney’s time, as provided for in Section 455.227(3), Florida Statutes, and/or
any other relief that the Board deems appropriate.
FOPE v. Richard P. Wasilewski, P-E., Case No 2007020504
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SIGNED this _ 974 day of ff of 2008.
De Carrie Flynn
barineat of Businass and Pratessionai R Executive Director
DATE - Mihaly vi
~2OOR BY: Patrick Crechan
Prosecuting Attorney
COUNSEL FOR FEMC:
Patrick Creehan
Prosecuting Attorncy
Florida Engineers Management Corporation
2507 Callaway Road, Suite 200 FILED
Tallahassee, Florida 32303 Florida Engineers Managesent Corporation
Florida Bar No. 0063540
PC/jt CLERK
PCP DATE: May 20, 2008 DATE
PCP Members: Rebane, Seckinger
CERTIFICATE OF SERVICE
Thereby certify that a copy of the foregoing was furnished to Richard P. Wasilewski, P.E., 1520
Chateauwood Dr., Clearwater, FL 33764, by certified mail, on the 277 _ of
, 2008.
FRPE v. Richard P. Wasilewski, PE, Case No. 2007020504
Docket for Case No: 08-005489PL
Issue Date |
Proceedings |
Jan. 07, 2009 |
Order Closing File. CASE CLOSED.
|
Jan. 05, 2009 |
Order Denying Continuance of Final Hearing.
|
Jan. 05, 2009 |
Joint Motion to Relinquish Jurisdiction without Prejudice filed.
|
Jan. 05, 2009 |
Petitioner Joining Respondent`s Motion to Continue January 7, 2009 Hearing filed.
|
Jan. 05, 2009 |
Respondent`s Motion to Continue January 7, 2009 Hearing filed.
|
Nov. 17, 2008 |
Order of Pre-hearing Instructions.
|
Nov. 17, 2008 |
Notice of Hearing (hearing set for January 7, 2009; 9:00 a.m.; Clearwater, FL).
|
Nov. 13, 2008 |
Joint Response to Initial Order filed.
|
Nov. 04, 2008 |
Initial Order.
|
Nov. 03, 2008 |
Election of Rights filed.
|
Nov. 03, 2008 |
Administrative Complaint filed.
|
Nov. 03, 2008 |
Agency referral filed.
|