Mar 25 2009 14:18 MAR-2S-2669 14:18 From:65@ Sel @5e1 Page:a’23 STATE OF FLORIDA FLORIDA BOARD OF PROFESSIONAL ENGINEERS FLORIDA BOARD OF PROFESSIONAL ENGINEERS, Petitioner, Vv. FEMC Case No. 2007020513 DAVID R. NORRIS, P.E., Respondent, ADMINISTRATIVE COMPLAINT COMES NOW the Florida Engineers Management Corporation (FEMC) on behalf of Petitioner, Florida Board of Professional Engineers, hercinafter referred to as “Petitioner,” and files this Administrative Complaint agains DAVID R. NORRIS, P.E., hereinafter referred to as “Respondent.” This Administrative Complaint is issued pursuant to Sections 120.60 and 471.038, llorida 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: lL. Petitioner, Florida Board of Professional Engineers, is charged with regulating the practice of engineering 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 Engineers pursuant to Section 471.038, Florida Statutes (1997). Mar 25 2009 14:18 MAR-2S-2669 14:18 From:656 S21 521 Page: 4-23 2. Respondent is, and has been at all times material hereto, a licensed professional engineer in the State of Florida, having becn issued license number PE 32186. Respondent’s last known address is 112 Coleman Road, Winter Haven, FL 33880. 3. During 2007 Respondent sealed, signed and dated structural engineering documents which were provided to Certified Residential Contractor Gary Hartshorn and were used to obtain building permits for the construction of aluminum pool screen enclosures at residences 10 be located at 9529 Nathaniel Lane (Permit // 623442) and 9535 Nathaniel Lane (Permit # 623444) in Pasco County, Florida (hereinafter Nathanicl Lane Projects). The engineering documents for both Projects were largely based upon a “Masier Plan” created by Respondent and for which cover “certification” pages were scaled, signed and dated on January 18, 2007. 4. Respondent’s engineering documents for the Nathaniel Lane Projects arc materially deficient as follows: A. ‘The plan sets for the Nathaniel Lane Projects submitted to Pasco County show typical schcmatic plans that are apparently for mansard shaped screened pool enclosures. When simultaneous loading is considered for these two enclosures with a modest 36-inch rise from the eave to the overall height, the result is an applied bending moment in the Self Mating Beams (SMB) of 40.0 in-kips (2X6 SMB) and 40.5 in-kips (2X7 SMB) in the specified wind zone of 115 mph Exposure B. As a result, each beam is overstressed in bending, Calculations for actual bending moments vs. the allowable moments show: 1. 2X6 SMR, 40/14.5 = 2.76 (Pasco County Permit # 623442) The 2X6 SMB is overstressed by a factor of 2.76. PBPE vy. David R. Norris, P.E., Case No 2007020513 Mar 25 2009 14:18 MAR-2S-2669 14:18 From:65@ Sel @5e1 Page:S’23 2. 2X7 SMB, 40.5/18.6 = 2.18 (Pasco County Permit # 623444) ‘The 2X7 SMB is overstressed by a factor of 2.18. B. The schematic drawing presented for the Nathaniel Lane Projects shows a post height (span) of 9 ft (permit #623444) spaced at 6,8 fi for the 2X4 SMB columms. The requisite applied moment is 11.6 kip-in for an extrusion with an allowable moment of 7.2 kip-in. The column as shown is overstressed by a factor of 1.6. C. Both of the Nathaniel Lane Projects show 2X2 Hollow purlins. The 2006 Florida Building Code Supplemeni requires the evaluation of purlins for a 300# live load applied anywhere over one foot of its length for roof clements. An Aluminum Design Manual analysis for the 2X2 shows an allowable moment of 3.2 in-kips. Using the most liberal analytical assumptions, fixed supports at both ends, a 300-Ib load applied at the center of a purlin 6.8 fi (beam spacing) long yields an applied moment of 5.67 in-kips. As a result, the purlin is overstressed by a factor of 1.75. 5. Section 471.033(1)(), Florida Statutes, provides that an engincer is subject ta discipline for engaging in negligence in the practice of engineering. Rule 61G15-19.001(4), Florida Administrative Code, provides that negligence constitutes “failure by a professional engineer to utilize due care in performing in an engineering capacity or failing to have due regard for acceptable standards of engineering principles.” 6. The Respondent’s drawings and calculations for the Nathaniel Lane Projects contain deficiencies including; but not limited to, those sct forth in Paragraph 4. Respondent violated the provisions of Section 471.033(1)(g), Florida Statutes, and Rule 61G15-19.001(4), Florida Administrative Code, by scaling, signing and dating engineering documents that werc PBPE y. David R. Norms, PE. Case Nu. 2007020513 Mar 25 2009 14:19 MAR-2S-2869 14:19 From:656 S21 521 Page:6c3 issued and filed for public record when such documents were matcrially deficient in respect to and not in compliance with applicable code requirements or acceptable engineering principles. 7. Section 471.025(1), Florida Statutes, provides in material part that “...[a]ll final provided to the owner or (he owner's representative shall be signed by the licensee, dated, and scaled with [the professional engineer's] scal.” Rule 61G15-23.002(1), Florida Administralive Code, provides in matcrial part that a “professional cngineer shall sign his name and affix his acal to all plans, specifications, reports, final bid documents provided to the owner or the owner's representative...” Rule 61G15-23.002(2) (2004) provided in material part that: “Each sheet of plans and prints which must be sealed under the provisions of Chapter 471, F.S., shall be sealed, signed and dated by the prolessional engineer in responsible charge. Engineers shall legibly indicate their name, address, and license number on cach sheet. If practicing through a duly aulhonived engineering business, engineers shall legibly indicate their name and license number, as well as, the name, address, and certificate of authorization number of the engincering business on cach sheet.” 8. Commencing on July 1, 2007, Section 489.113(9)(b)2, Florida Statutes, provides that Professional Engincers may produce “master design manuals” for the design of certam structures subject to certain requirements. The “manuals” are defined as “... restrictive design manual[s] intended to be used to design, permit, and construct...” the specified structures, Specifically, the manuals may be used by contractors to obtain building permits for these structures so long as ihe manuals are “..-prepared by a licensed engineer ... and specifically detail the limits of [their] use, including, but not limited to, the structure type, size, materials, loading conditions, time limits, applicable codes, and associated criteria. The manual[s] must also detail the required training for the contractor, engineer, or architect using the manual(s]. All FBPE y. David R. Norris, P.E.. Case No. 20107020513 Mar 25 2009 14:19 MAR-2S-2869 14:19 From:656 S21 521 Page: 723 master design manuals must be peer reviewed by an independent licensed engineer or architect having no financial interest in the development of the manual or the construction of structures pursuant to the manual. ‘he engineer or architect conducting the peer review must be identified in the manual[s].” 9. Section 489.113(9)(b)2, Florida Statutes, places specific statutory obligations upon those Professional Engineers who create master design manuals for usc under the provisions of ihat Section. As such, the failure of a Professional Engineer, such as Respondent, to comply with the provisions of Section 489.113(9)(b)2, Florida Statutes, violates the provisions of Section 455.227(1)(k), Florida Statutes, which subjects a licensee to discipline for “...[fJailing to perform any statutory or legal obligation placed upon a licensee...” 10. Respondent has created a document entitled “Master Plans— 110 - 150 MPH Wind Regions for Aluminum Patios, Carports, Screen Rooms, Pool Enclosures & Details” (Master Plans) which he utilized as a master design manual for the design of aluminum screen enclosures and other similar engineering designs. Portions of an earlicr itcration of the “Master Plans” were incorporated into the designs for the Nathaniel Lane Projects discussed in Paragraphs 3-6 herein. 11. Subsequent to the design of the Nathaniel Lane Projects, Respondent continued to utilize the “Master Plans” as a master design manual. ‘The “Master Plans” document was updated and sealed by Respondent on 12-7-07 with a statement that: A. The designs met the 2004 Florida Building Code with the 2006 supplement; B. That the “Master Plans” document referenced herein has a blanket certification as a final engineering document citing the Board of Professional Engineers Rules setting out the FBPE vy, David R. Norris, P.E., Case No. 2007020313 Mar 25 2009 14:19 MAR-2S-2869 14:19 From:656 S21 521 Page:€-23 sealing and signing requirements for Professional Engineers (Rules 61G15-23 and 61G15- 23.002, Florida Administrative Code); Cc. ‘That the blanket certification shows a duration period during which the “Master Plans” document is usable for construction permit purposes that ends on 2-1-09. 12, The “Master Plans” document referenced in Paragraph 10 was continually utilized by Respondent from the date of scaling until the present as a master design manual and was provided to clients and contractors for such uses as authorized by law. Additionally, the “Master Plans” were filed as master design manuals in Alachua County and Pinellas County and the “Master Plans” document or portions thereof are being used by contractors as the basis for seeking building permits in Hillsborough and Pasco County as well as Lakeland, Florida. 13. The “Master Plans” document docs not comply with the requirements of Section 489.113(2)(b)2 duc to the fact that it docs not: A. details the required training for the contractor, engincer, or architect using the manual[s]; B. show that it has been pecr reviewed by an independent licensed engineer or architect having no financial interest in the development of the manual or the construction of structures pursuant to the manual; Cc. identifies the engincer or architect conducting the peer review. 14. Rule 61G15-29.001(3), Florida Administrative Code, provides that Professional Engineers who sign and/or seal certifications which: “(a) relate to matters which are beyond the engincer’s technical competence or (b) involve matters which arc beyond the engineer’s scope of services actually provided; ... would be subject to discipline pursuant to Rule 61G15-19.001(6),” FRPE vy. David R. Nortis, PE. Case No, 2007020513 Mar 25 2009 14:19 MAR-2S-2869 14:19 From:656 S21 521 Page: 9-23 15. The “Master Plans” document contains a blanket certification that states that the document is intended to be usable as a master design manual until 2-1-2009. However, the document provides no methodology to address modifications to the Florida Building Code from the date of sealing (12-7-2007) until the date (2-1-2009) that the Respondent has certified that the usetulness of the “Master Plans” document as the basis for the issuance of construction permits purportedly ends. COUNT I 16. Petitioner realleges and incorporates Paragraphs one (1) through six (6) as if fully sct forth in this Count Onc. 17. Section 471.033(1)(g), Florida Statutes, provides that an engineer is subject lo discipline for engaging in negligence in the practice of engineering. Rule 61G15-19,001(4), Fla. Admin Code, provides thal negligence constitutes “failure by a professional cngincer to utilize due care in performing in an engineering capacity or failing to have due regard for acceptable standards of engineering principles.” Respondent’s design documents for the Nathaniel Lane Projecets fail to meet the standards set forth in the referenced Statute and Rule and therefore Respondent is subject to discipline as provided in Section 471.033(1)(g), Florida Statutes, and Rule 61G15-19.001(4), Fla, Admin Code. 18. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, and Rule 61G15-19.001(4), F. A. C., by engaging in negligence in the practice of engineering. COUNT II 19. Petitioner realleges and incorporates Paragraphs one (1) through three (3) and seven (7) as if fully set forth in this Count Two. PBPE v. David R. Norris, PE. Case No, 2007020313 Mar 25 2009 14:20 MAR-2S-2869 14:28 From:65@ Sel @5e1 Page: 1823 20, Respondent sealed, signed and dated only the cover page of the design documents for the Nathaniel Lane Projects and did not sign, seal and date pages 1-A, 1-B, 1-C, 1-D, 1-, 1- F, 1-G, 3-C and an unnumbered sketch page which composed the engineering design documents for each of the Nathaniel T.ane Projects. 21. By failing to affix his seal, signature and date to each design page for the Nathaniel Lane Projects, Respondent failed to comply with a staiulory and rule duly placed upon him as a Professional Engineer. 22. Based upon the foregoing, Respondent is charged with violating Sections 455.227(1)(k), and 471.033(1)(a) and (g), Florida Statutes, and Rule 61G15-19.001(6)(n), Florida Administrative Code. COUNT LI 23. Petitioner rcalleges and incorporates Paragraphs onc (1) through three (3) and cight (8) through thirteen (13) as if fully set forth in this Count Three. 24, The “Master Plans” document is a master design manual which was produced and sealed by Respondent and which does not comply with the provisions of Section 489.113(9)(b)2, Florida Statutes, for the reasons set forth in Paragraph 13 above. 25. ‘By creating, sealing and then disseminating the “Master Plans” for use as 4 master design manual while not complying with the requiremenis of Section 489.113(9)(b)2, Florida Statutes, Respondent has failed to comply with the provisions of a stalute placing specific obligations upon a Professional Engineer and therelore has violated the provisions of Section 455.227(1)(k), Florida Statutes. 26. Based upon the foregoing, Respondent is charged with violating the provisions of Section 455.271(1)(k), Mlorida Statutes. FRPF vy. David R. Norris, PLP, Cause No. 2007020513 Mar 25 2009 14:20 MAR-2S-2869 14:28 From:65@ Sel @5e1 Page:11°23 COUNT IV 27. Petitioner realleges and incorporates Paragraphs one (1) through three (3) and eight (8) through fifteen (15) as if fully set forth in this Count Four. 28. As described in Paragraphs 10 and 11 above, Respondent certified the information comlained in the “Master Plans” document as meeting specific engineering standards and as being usable as an cngineering document for a specific period of time (until 2-1-2009). For the reasons set forth in Paragraph 15, Respondent's certification that the “Master Plans” document is usable after the date of sealing and signing (12-7-2007) with no qualifications and with no provision for addressing modifications to the FBC, constitutes a certification that “relate[s] to matters which are beyond [Respondent’s] technical competence [and] ...involve|s| matters which are beyond {Respondent’s] scope of services actually provided...” 29. Based upon the foregoing, Respondent is charged with violating the provisions of Section 471.033(1)(g), Florida Statutes, and Rule 61G15-19.001(6), Florida Administrative Code, by committing misconduct in the practice of engineering. WITEREFORE, the Petitioner respectfully requests the Board of Professional Engineers to enter an order imposmg 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 assessment of costs related to the investigation and prosecution of this case, other than costs associated with an attorney's time, as provided for in Section 455.227(3), Florida Statutes, and/or any other relief that the Board deems appropriate. t SIGNED this G7" day of Sawinnnse 2009. FHPE v. David R. Norris, P.E., Case No. 2007020513 Mar 25 2009 14:20 MAR-2S-2869 14:28 From:65@ Sel @5e1 Page: 1le"c3 Carrie Flynn Executive Director ; fr FILED BY: J hry Rimes Flu. ia Engineers Management Copordigpsecuting Attorney Uugl John Rimes # Prosecuting Attorney a F | L E Dp Florida Engineers Management Corporation jonal Regulation 2507 Callaway Road, Suite 200 Department of Business anid Lia as Tallahassee, Florida 32303 DEPUTY Florida Bar No. 0063540 {MN Michele IRit fnardn ' K PCP DATE: Janurary 13, 2009 cLER ‘Yo R= 2004 PCP Members: Rebane, Charland, Halyard DATE CERTIFICATE OF SERVICLE COUNSEL FOR FEMC: ted e ” ” cae { DATE =; [hereby certify that a copy of the foregoing was furnished to DAVID R. NORRIS, P_E LEMAN RD, WINTER HAVEN, FL 33880, by certified zfiail, on the 2°? of Pee. 2009. / / _. LY, . a , = — FRPE v. David R. Norris, PE, Case No 2007020313 10

Docket for Case No: 09-001572PL