FILED Florida Engineers Management Corporati ion 0 . Deputy Agency Clerk DEC 02 ia / STATE OF FLORIDA CLERK vette Lawson Proctor a, FLORIDA BOARD OF PROFESSIONAL ENGINEERS Dae = 12/2/2014 File # FLORIDA BOARD OF PROFESSIONAL ENGINEERS, | 4 , (\) y q p Y 4g: = Petitioner, Q 4 BO v. FEMC Case No. 201402613. S50 "74 De Saws HOSHANG PRESSWALLA, P-E., Be oy me PTY Respondent, Q = a) a] =_ ~~ SONINW3H ADMINIST! I COMES NOW the Florida Engineers Management Corporation on behalf of Petitioner, Florida Board of Professional Engineers, and files this Administrative Complaint (“Complaint”) against HOSHANG PRESSWALLA, P.E., hereinafter referred to as “Respondent.” This Complaint is issued pursuant to Sections 120.60 and 471.038, Florida 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: 1. Petitioner, Florida Board of Professional Engineers (“FBPE”, “Board”, or “Petitioner”), 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). Page 1 of 4 2. Respondent is, and has been at all times material hereto, a licensed professional engineer in the State of Florida, having been issued license number PE 35905. Respondent’s last known address is 15917 Ellsworth Drive, Tampa, Florida 33647. 3. On July 25, 2001 Respondent sealed, signed and dated structural engineering documents which inchided a design for a breakaway wall for a project at the Verandas on the Beach, located at 19130 Gulf Blvd., Indian Shores, Florida (“Verandas Project”). The breakaway wall at the Verandas Project was constructed utilizing Respondent’s design. 4. Respondent’s structural engineering documents for the Verandas Project are materially deficient in that the breakaway wall designed for the project was not designed in accordance with required engineering standards as follows: A. According to the relevant portions of the Florida Building Code in force in 2001, Chapter 31, Special Construction, Section 3107.5.1, the design for breakaway walls must incorporate the following: Breaking, broken and nonbreaking waves shall be considered as applicable. Design wave loading analysis shall consider vertical uplift pressures and all lateral pressures to include impact, as well as dynamic loading and the harmonic intensification resulting from repetitive waves. B. Section 3107.5.2 provides that [h]abitable structures shall be designed in consideration of the hydrostatic loads which would be expected under the conditions of maximum inundation associated with a 100-year storm event. Calculations for hydrostatic loads shall consider the maximum water pressure resulting from a fully peaked, breaking wave superimposed on the design storm surge with dynamic wave setup. c. Additionally, Section 3107,5.3 provides that [hjabitable structures shall be designed in consideration of the hydrodynamic loads which would be expected under the conditions of a 100-year storm event. Calculations for hydrodynamic loads ec FBPE ys. Hoshang Presswalla, P.E., Case No. 2014026131 Page 2 of 4 Administrative Complaint shall consider the maximum water pressures resulting from the motion of the water mass associated with a 100-year storm event. Full-intensity loading shall be applied on all structural surfaces above the design grade which would affect the flow velocities. Dd. Notwithstanding the foregoing, Respondent incorporated only partial hydrostatic pressure in the structural design documents for the breakaway wall in the Verandas Project. As a result, Respondent failed to perform the Florida Building Code mandated analysis of anticipated wave action in the design of the breakaway wall in the structural documents. This failure resulted in a material error in the design of the breakaway wall. 5. Respondent acted as the Engineer of Record for the breakaway wall at the Verandas Project as that term is defined in Rule 61G15-30.002(1), Fla Admin Code. 6. Section 471.033(1\(g), Florida Statutes, provides that an engineer is subject to discipline for engaging in negligence in the practice of engineering. Rule 61G15-19.001(4), Fla. Admin 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.” 7. Respondent’s Engineering Drawings for the breakaway wall at the Verandas Project contain deficiencies including: but not limited to, those set forth in Paragraphs Three (3) and Four (4). As a result of those deficiencies, Respondent violated the provisions of Section 471.033(1}(g), Florida Statutes, and Rule 61G15-19.001(4), Fla. Admin Code, by sealing and signing mechanical engineering documents that were issued and filed for public record when such documents were materially deficient in that Respondent: (1) did not exercise due care in the preparation of the final engineering documents for the breakaway wall at the Verandas FEPE vs. Hoshang Presswalla, P.E., Case No. 2014026131 Page 3 of 4 Administrative Camnlaint Project and (2) the final engineering documents for the breakaway wall at the Verandas Project were not issued in compliance with acceptable engineering principles, 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 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. SIGNED this 12 day of Lecco \be 2014. Zana Raybon Exeofitive Director BY: John J. Rimes, II COUNSEL FOR FEMC: John J. Rimes, III Prosecuting Atiorney Florida Bar No. 212008 Florida Engineers Management Corporation 2639 North Monroe Street, Suite B-112 Tallahassee, Florida 32303 PCP: November 18, 2014 PCP Members: RODDENBERRY, MATTHEWS & PEPPER TIFICA F SERVICE I HEREBY CERTIFY that a copy of the filed Administrative Complaint was furnished to Hoshang Homi Presswalla, P. >a 1$917 Elisworth Drive, Tampa, Florida 33647-1327, by U.S. Cettified Mail, onthe 9 ' of pad es, 2014. » { ( ha / Lehn Lad ier® filer Fat he Trishia Finkey, Paralegal for, The Florida Board of Professional Engineers FBPE vs. Hoshang Presswalia, P.E£.,Case No. 2014026131 Page 4 of 4 Administrative Comnlaint

Docket for Case No: 15-000042PL