Departnent of Buon and Peoteasional Repulation Deputy Agenoy Clerk CLERK Grandon Michels. Dae = BA 7/2010 Fine STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF BUILDING CODE ADMINISTRATORS AND INSPECTORS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2009-016104 GEORGE MICHAEL PARKER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Department Of Business And Frofessional Regulation, ("Petitioner"), files this Administrative Complaint before the Board of Building Code Administrators and Inspectors, against GEORGE MICHAEL PARKER ("Respondent"), and alleges: i. Petitioner is the state agency charged with regulating the practice of building code administration and inspection pursuant to Section 20,165, Florida Statutes, and Chapters 455 and 468, part XII, Florida Statutes. 2. Respondent is and has been, at all times material hereto, a Building Code Inspector in the State of Florida, having been issued license number BN 3096, 3. Respondent's last known address of record was 6051 Old Bagdad Highway, Room 202, Milton, FL 32583. Document in Unnamed. 4 duly 31, 2069 SE/ER Fd FOO sda 6pé9oPTpags 69:88 &Té2/ST/8e OZ:tT otoz ot Bny 4. Respondent performed three (3} inspections of 1633 Smugglers Cove Cirele, Navarre, FL, on June 21, June 28, and July 10 2006. 5. Respondent’s inspections on dune #1 amd June 28 were framing inspections and were failed. 6. Respondent's inspection on July 10 approved the framing inspection. 7. According to a later review, the hip jack trusses were barely sitting in the u-hangers by .5 and .75 inches onto the u- hangers. The nails installed into the u-hangers missed the trusses completely as a result of the gap between the bearing truss and hip truss. 8. Chapter §, Section R802(2)(4), Florida Building Code, states that “the ends of each rafter or ceiling joist shall have not less than 1 % inches (38 mm) of bearing on wood or metal and not less than 3 inches (76 mm) on masonry or concrete.” 3. Section 468.621(1)(g), Florida Statutes, says: “[flailing to properly enforce applicable building codes or permit requirements within this state which the certificate holder knows are applicable or committing willful misconduct, gross negligence, gross misconduct, repeated negligence, or negligence resulting in a significant danger toa life or property” constitutes grounds for disciplinary action. Doeyment in Unnamed 2 Joly a1, 2009 SG/Pa Fd FOO sda 6pé9oPTpags 69:88 &Té2/ST/8e TZivl otoz 9t Bny 10. Based on the feregoing, the Respondent violated Section 468.621(1)(g), Flerida Statutes, when he failed to enforce Chapter 6, Section R802(2} (4), Florida Building Code, when performing the inspections of 1633 Smugglers Cove Circle, Navarre, FL, on July 10 2006, when the inspection was finally passed, with the construction still containing code violations. WHEREFORE, Petitioner respectfully requests the Board of Building Code Administrators and Inspectors enter an Order imposing one or more of the following penalties: revocation or Suspension of Respondent’s license, restriction of Respondent’ s practice, imposition of an administrative fine not to exceed $5,000 per violation, issuance of a reprimand, placement of Respondent on probation, assessment of costs association with the investigation, imposition of any or all penalties delineated within section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Document in Unnumed a July 31, 2009 FOO sda 6pé9oPTpags 69:88 &Té2/ST/8e TZ:f— opoz aT 6ny Ba/SA Fad chapters 455 and/or 468, Florida Statutes, and/or the rules promulgated thereunder. Signed this 29° day of January, 2010. CHARLIE LIEM, Interim Secretary Department of Business and Professional Regulation By: Efzabeth Fletcher Duffy ELIZABETH FLETCHER DUFFY Assistant General Counsel Florida Bar No. 0980404 Department of Business and Professional Regulation Office of the General Counsel 1940 North Monroe Street Tallahassee, Florida 32399-2202 Phone: (850) 487-9648 Facsimile: (850) 414-6749 PCP Date: January 21, 2009 PCP Members: Dudley, McCormick and Gathright EFD/kem Doouwneét in Unnamed 4 duly 31, 2009 86/98 Sod Yo0 addad 6P29PTPaos 65:86 @e2/ST/8a TZ:f— opoz aT 6ny NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accerdance with Sections 120.569 and 120.5%, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross~examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested, Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF costs Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 455,.227(3) (aj, Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed. GAOGC\Frofissions Roards\building code\Libby Duiify’a Law Clerks\ACZ200k\ McDonald, Mathew 08- 5 061013 (EXEKs)\AC. doe Ba/AB Fovd YOO sddd Bp29P Tress 69:38 Tae /ST/oa TZ:f— opoz aT 6ny

Docket for Case No: 10-007595PL