FILED : JUN 16 2009 airmen . LEX SINK CHIEF FINANCIAL OFFICER Docketed by ZK STATE OF FLORIDA DFS Case Nos: 90229-07-FM EVEREADY FIRE & SECURITY 93582-08-FM EQUIPMENT, INC., and KAREN D. SCALZI, as Qualifier and KAREN D. SCALZI, as Permittee. IN THE MATTER OF: ADMINISTRATIVE COMPLAINT To: Karen D, Scalzi, as Qualifier and Permittee Eveready Fire & Security Equipment, Inc. P.O. Box 250 Homosassa Springs, FL 34447 EVEREADY FIRE & SECURITY EQUIPMENT, INC. and KAREN D. SCALZI, as Qualifier (“Respondents”), and KAREN D. SCALZI, as Permittee (“Permittee, Karen D. Scalzi”), are hereby notified that the Chief Financial Officer of the State of Florida, acting in the capacity of State Fire Marshal, or her designee, has caused to be made an investigation of Respondents’ activities while licensed as a (1} Class A Fire Equipment Dealer, License ID. # 39929500012001; (2) Class D Fire Equipment Dealer, License ID. # 08194700011985, and of Permittee, Karen D. Scalzi’s, activities while permitted with a Pre-engineered Systems Permit, # 08194900011985, in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 633, Florida Statutes, the Chief Financial Officer, as State Fire Marshal, and the Department of Financial Services (“Department”) have jurisdiction over Filed July 14, 2009 3:13 PM Division of Administrative Hearings. the licenses and permits of Eveready Fire & Security Equipment, Inc. and Karen D. Scalzi, as Qualifier (“Respondents”), and Karen D. Scalzi, as Permittee (“Permittee, Karen D. Scalzi”). 2. Currently and at all times pertinent to this Administrative Complaint, Respondents were licensed by the Department as a Class A Fire Equipment Dealer, License ID. # 39929500012001, and a Class D Fire Equipment Dealer, License I.D. # 08194700011985, at 7933 W Homosassa Trl. Ste A, Homosassa, FL 34448. 3. Karen D, Scalzi is currently, and at all times pertinent to this Administrative Complaint, the sole Qualifier for Eveready Fire & Security Equipment, Inc. COUNT I 4. Paragraphs 1 through 3 are hereby realleged and incorporated herein. 5, Respondents were responsible for the installation and maintenance of the Kidde HRD 25 dry chemical system fire suppression system at Dave’s Chicken King Restaurant, located at 2420 North Florida Avenue, Hernando, Florida 34442. 6. The Kidde HRD 25 dry chemical system fire suppression system at Dave’s Chicken King Restaurant is a pre-engineered system. 7. Under Respondents’ aforementioned Fire Equipment Dealer licenses, Permittee, Karen D. Scalzi, currently and at all times pertinent to this Administrative Complaint, holds a Pre- engineered Systems Permit, # 08194900011985. 8. Permittee, Karen D. Scalzi, performed the installation and maintenance of this system. 9. Permittee, Karen D. Scalzi, tagged the system as compliant with Chapter 633, F.S., the standards of the National Fire Protection Association, and the manufacturer's specifications, 10. On February 20, 2007, a fire under the cooking hood in the kitchen area of the restaurant had not been extinguished by the fire suppression system. 11. On February 20, 2007, the Department’s Bureau of Fire Prevention sent an investigator to the fire scene at Dave’s Chicken King restaurant. 12. The Department investigator determined that the cylinder was installed without a mounting bracket or cylinder clamp. 13. The Department investigator determined that the manual activation device was installed less than forty two inches above the floor. 14. The Department investigator determined that there was no seal on the branch piping from the tank to the hood. 15. The Department investigator determined that the wrong type of fusible link was installed. 16. The Department investigator determined that the piping was blocked. 17. The Department investigator determined that there were grease caps missing. 18. Inspections occur at least semi-annually and the inspection reports must be maintained for a period of not Jess than three years after the last inspection. 19. On March 7, 2007, Respondents provided the Department inspector with only two inspection reports, dated May 30, 2006 and November 30, 2006. 20. Respondents failed to note on the inspection reports that there was a six-burner gas stove that did not have a hood or fire suppression system installed over it. 21. Respondents failed to note on the inspection reports (1) where the system is located in the facility, (2) the type of system; name of manufacturer; model number; size of bottles, (3) reference to drawing number or page number, and date of the manufacturer’s manual, (4) the date of last recharge, (5) the serial number, (6) whether fuel shut off is gas or electric and the size, and, (7) whether the system tagged in accordance with Rule 69A-21.303, F.A.C, 22. While hydrostatic tests must occur at least once every six years, the Department investigator determined that an outdated internal tag was around the siphon tub indicates that the cylinder was last opened in January 1990. Respondents’ records indicate that the next hydrostatic test was performed in the year 2000. 23. Rule 69A-21.302(3), Florida Administrative Code (“F.A.C.”), adopts by reference the National Fire Protection Association standard NFPA 17, Standard for Dry Chemical Extinguishing Systems (“NFPA 17”). Rule 69A-21.304(1), F.A.C., applies NFPA 17 to all pre- engineered systems, IT IS THEREFORE CHARGED that EVEREADY FIRE & SECURITY EQUIPMENT, INC., and KAREN D. SCALZI, as Qualifier and KAREN D. SCALZI, as Permittee, have violated or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses and permits: (a) Violated provisions of Chapter 633, F.S. and the rules adopted and promulgated thereunder. § 633.162(1), F.S. (b) Improperly serviced, recharged, repaired, hydrotested, tested, or inspected a fire extinguisher or preengineered system. §§ 633.061 & 633.162(4)(c), F.S. (c) Failed to design, locate, install, or protect all operating devices so that they are not subject to mechanical, environmental, or other conditions that could render them inoperative or cause inadvertent operation of the system. §§ 633.061(1), (9) & 633.065(1)(c), (2), F.S., Rules 69A-21.302(3) & 69A-21.304(1), F.A.C., and NFPA 17:5.7.1.6 (d) __ Failed to install the manual activation device no more than 48 in. (1200 mm), nor less than 42 in. (1067 mm) above the floor and clearly identify the hazard protected. $§ 633.061(1), (9) & 633.065(1)(c), (2), F.S., Rules 69A-21.302(3) & 69A-21.304(1), F.A.C., and NFPA 17:5.7.1.7.1 () (f) (g) (h) @ G) (k) ) (m) (n) Failed to ensure that, where the pipe or conduit penetrates a duct or hood, the penetration had a liquidtight continuous external weld or was sealed by a listed device. §§ 633.061(1), (9) & 633.065(1)(c), (2), F.S., Rules 69A-21.302(3) & 69A-21.304(1), F.A.C., and NFPA 17:5.9.1.9 Failed to conduct maintenance, at least semiannually, in accordance with the manufacturer's listed installation and maintenance manual. §§ 633.061(1), (9) & 633.065(2), F.S., Rules 69A-21.302(3) & 69A-21,304(1), F.A.C., and NFPA 17:11.3.1 Failed to examine of all detectors, expellant gas containers, agent containers, releasing devices, piping, hose assemblies, nozzles, signals, and all auxiliary equipment, per minimum semiannual maintenance requirements. §§ 633.061(1), (9) & 633.065(2), F.S., Rules 69A-21.302(3) & 69A-21,304(1), F.A.C., and NFPA 17:11.3.1.1(2) Failed to verify that the agent distribution piping is not obstructed, per minimum semiannual maintenance requirements. §§ 633.061(1), (9) & 633.065(2), F.S., Rules 69A-21.302(3) & 69A-21.304(1), F.A.C., and NFPA 17:11,3.1.13) Failed to examine dry chemical in stored pressure systems at least every 6 years. §§ 633.061(1), (9) & 633.065(1)(c), (2), F.S., Rules 69A-21.302(3) & 69A- 21.304(1), F.A.C., and NFPA 17:11.3.1.2 Failed to replace or repair defective parts in accordance with the manufacturer’s recommendations, when maintenance of the system reveals defective parts that could cause impairment or failure of the proper operation of the system. §§ 633.061(1), (9) & 633.065(2), F.S,, Rules 69A-21.302(3) & 69A-21.304(1), F.A.C., and NFPA 17:11,3.1.5 Failed to tag the system as non-compliant when maintenance of the system reveals defective parts that could cause impairment or failure of the proper operation of the system. §§ 633.061(1), (9) & 633.065(2), F.S., Rules 69A- 21.302(3) & 69A-21,304(1), F.A.C., and NFPA 17:11.3.1.5.1 Failed to adhere the hydrostatic test record tag to the extinguisher. §§ 633.061(1), (9), 633.065(2), & 633.071 (2), F.S. and Rules 69A-21.245 & 69A-21.303(6), F.A.C, Failed to remove all out of date tags, labels and decals before placing a current tag or label on the extinguisher. §§ 633.061(1), (9) & 633.065(2), F.S., Rules 69A- 21.302(3) & 69A-21.304(1), F.A.C., and NFPA 17:11,3.1.10 Failed to, each time the pre-engineered system is installed, inspected, repaired, maintained or otherwise serviced, complete an inspection report containing the minimum required information. § 633.061(1), (9), F.S. & Rule 69A-21.304(2), F.A.C. (0) Tagged a preengineered system without inspecting, servicing, installing, repairing, testing, recharging, and hydrotesting in compliance with this chapter, the standards of the National Fire Protection Association, and the manufacturer's specifications. §§ 633.071(1), (9) & 633.071(1), F.S. (p) ‘Tagged a preengineered system without drafting an inspection report that indicates any and all deficiencies or deviations from the manufacturer's specifications and the standards of the National Fire Protection Association. §§ 633.071(1), (9) & 633.071(1), F.S. (q) Failed to maintain inspection reports in the fire equipment dealer's files for a period of not less than three years after the last inspection. § 633.071(1), (9), F.S. & Rule 69A-21.304(2), F.A.C. COUNT II 24. Paragraphs 1 through 3 are hereby realleged and incorporated herein. 25. Respondents were responsible for the maintenance of the Ansul K-Guard wet chemical extinguisher, serial number Z-0933406 (“fire extinguisher”), at the Woodland Terrace Nursing Home, located at 124 North Norvel Bryant Highway, Hernando, Florida 34442. 26. On August 20, 2007, Department investigators arrived at Woodland Terrace at the request of Robert E. Green, administrator for Woodland Terrace. 27. Mr. Green reported that there was a fire in the kitchen that could not be extinguished by the fire department with the use of the fire extinguisher. 28. The Department investigator determined that the name on the service tag was Morlan Jenkins but that the permit number on the service tag was of Tim Scalzi. 29, The Department investigator determined that there were dents present on the bottom portion of the steel shell of the fire extinguisher. 30. The Department investigator determined that Respondents did not perform a five- year hydrostatic test on the fire extinguisher within the required time period in accordance with the fire extinguisher’s Installation, Operation, Recharge, and Maintenance Manual. 31. On August 20, 2007, the Department investigator took possession of the fire extinguisher. 32, On August 24, 2007, at the request of the Department investigator, Steve Reinholt, District Manager for Ansul, Inc., examined the fire extinguisher. 33. | Mr. Reinhold reported to Department investigator that the valve assembly of the fire extinguisher was corroded and seized. IT IS THEREFORE CHARGED that EVEREADY FIRE & SECURITY EQUIPMENT, INC, and KAREN D. SCALZI, as Qualifier, have violated or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses and permits: (a) Violated provisions of Chapter 633, F.S. and the rules adopted and promulgated thereunder. § 633.162(1), F.S. (b) Improperly serviced, recharged, repaired, hydrotested, tested, or inspected a fire extinguisher or preengineered system. §§ 633.061 & 633.162(4)(c), F.S. (c) Failed to perform a hydrostatic test within the required five year time interval, in accordance with NFPA 10 and the mannfacturer’s maintenance manual. §§ 633.061(1), (9) & 633.065(2), F.S., Rules 69A-21.237(1) & 69A-21.242, F.A.C., and NFPA 10:8,3.1 (d) Failed to inspect the mechanical parts of the fire extinguisher, including the valve assembly, and take corrective action. §§ 633.061(1), (9) & 633.065(2), F.S., Rule 69A-21.237(1), F.A.C., and NFPA 10:7,3.2, 10: 7.3.2.4, 10:A.7.3.2, 10:11 (e) Failed to inspect the physical appearance of the fire extinguisher and take corrective action. §§ 633.061(1), (9) & 633.065(2), F.S., Rule 69A-21.237(1), F.A.C., and NFPA 10:7.3.2, 10:7.3.2.4, 10:A.7.3.2, 10:11 (f) Tagged a fire extinguisher that did not meet all standards as set forth by this chapter, the standards of the National Fire Protection Association, and manufacturer's specifications. §§ 633.061(1), (9) & 633.071(1), F.S. and Rules 69A-21.240, F.A.C. (g) Tagged a fire extinguisher that did not include the person, whose name and permit number appear on the tag, who serviced the fire extinguisher. § 633.061(1), (9), FS, and Rule 69A-21.240 & 69A-21.241(1), F.A.C, (h) Failed to notify the Department’s Regulatory Licensing Section, in writing, that a permittee left Respondent’s employment within fifteen days of the termination. § 633.061(1), (9), F.S. and Rule 69A-21,103(9), F.A.C. WHEREFORE, EVEREADY FIRE & SECURITY EQUIPMENT, INC. and KAREN D. SCALZI, as Qualifier and KAREN D. SCALZI, as Permittee, 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 suspending or revoking your licenses and permits as a Fire Equipment Dealer or to impose such penalties as set forth in Sections 633.161, 633,162, 633,163, 633.167, and 633.171, Florida Statutes and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. 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, certificates, 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 28-106, 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 Tracey Beal, DFS Agency Clerk, Department of Financial Services, 612 Larson Building, 200 E. Gaines Street, Tallahassee, Florida 32399-0390. It may be sent by U.S. Mail, express overnight mail or hand-delivered. 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 SUSPENSION OR REVOCATION WILL BE ENTERED AGAINST YOU. If you request a proceeding, you must provide information that complies with the requirements of Rule 28-106.2015, 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, address, and telephone number, and facsimile number (if any) of the respondent (for the purpose of requesting a hearing in this matter, you are the "respondent"), (b) The name, address, telephone number, facsimile number of the attorney or qualified representative of the respondent (if any) upon whom service of pleadings and other papers shall be made. (c) A statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate. (d) A statement of when the respondent received notice of the administrative complaint. (e) A statement including the file number to the administrative complaint. 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 basis 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 10 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. DATED and SIGNED this lot day of Yung 2009. Y RIAN LONDON ) Deputy Chief Financial Officer i oe DS 11 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN THE MATTER OF: EVEREADY FIRE & SECURITY Case Nos.: 90229-07-FM EQUIPMENT, INC., and KAREN D. 93582-08-FM SCALZI, as Qualifier and : : KAREN D, SCALZI, as Permittee. ELECTION OF PROCEEDING 1 have received and have read the Administrative Complaint filed by the Florida Department of Financial Services ("Department") against me, including the Notice of Rights contained therein, and I understand my options. I am requesting disposition of this matter as indicated below. (CHOOSE ONE} 1. Oo ] do not dispute any of the Department’s factual altegations and I do not desire a hearing. I understand that by waiving my right to a hearing, the Department may enter a final order that adopts the Administrative Complaint and imposes the sanctions sought, including suspending or revoking my certificates, licenses, and permits as may be appropriate, 20 I do not dispute any of the Department's factual allegations and I hereby etect a proceeding to be conducted in accordance with Section 120.57(2), Florida Statutes. In this regard, I desire to (CHOOSE ONE): | Submit a written statement and documentary evidence in lieu of a hearing; or Oo Personally attend a hearing conducted by a department hearing officer in Tallahassee; or oO Attend that same hearing by way of a telephone conference call. 3 O I do dispute one or more of the Department's factual allegations. I hereby request a hearing pursuant to Section 120.57(1), Florida Statutes, to be held before the Division of Administrative Hearings. [have attached to this election form the information required by Rule 28-106.2015, Florida Administrative Code, as specified in subparagraph (c) of the Notice of Rights. Specifically, ] have identified the disputed issues of material fact. TO PRESERVE YOUR RIGHT TO A HEARING, YOU MUST FILE YOUR RESPONSE WITH THE DEPARTMENT OF FINANCIAL SERVICES WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEJPT OF THE ADMINISTRATIVE COMPLAINT, THE RESPONSE MUST BE RECEIVED BY THE DEPARTMENT NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. The address for filing is: Tracey Beat, DFS Agency Clerk, Department of Financial Services, 612 Larson Building, 200 E. Gaines Street, Tallahassee, Florida 32399-0390. It may be sent by U.S. Mail, express overnight mail or hand-delivered. Signature Print Name Date: Address: Date Administrative Complaint Received: If you are represented by an attorney or qualified Phone No.: representative, please aftach to this election form his or her name, address, telephone and fax numbers Fax No.: 12 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 the following by certified mail, restricted delivery on this _|9_ day of _ Tune 2009. Aken Senior Attorney Florida Bar # 0634948 Florida Department of Financial Services Division of Legal Services 200 East Gaines Street, 612 Larson Tallahassee, FL 32399-0333 Telephone: (850) 413-4236 Facsimile: (850) 488-0697 Karen D. Scalzi, Qualifier and Permittee Eveready Fire & Security Equipment, Inc. P.O. Box 250 Homosassa Springs, FL 34447 13

Docket for Case No: 09-003702