FILED Florida Engineers Management Corporation SEP 15 206 Deputy Agency Clerk Evette Lawson-Proctor 9/15/2015 Clerk:, STATE OF FLORIDA RIDA BOARD OF PROFESSIONAL ENGINEERS FLORIDA BOARD OF PROFESSIONAL ENGINEERS, Petitioner, v. FEMC Case No. 2014031694 CHARLES C. MITCHELL, P.E., Respondent, ADMINISTRATIVE COMPLAINT COMES NOW the Florida Engineers Management Corporation on behalf of Petitioner, Florida Board of Professional Engineers, and files this Administrative Complaint (“Complaint”) against CHARLES C. MITCHELL, P.E. 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. Florida Board of Professional Engineers (“Board,” “FBPE,” 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). ee Page | of 12 Filed March 4, 2016 9:32 AM Division of Administrative Hearings 2. CHARLES C. MITCHELL, P.E. (“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 11127. Respondent’s last known and Address of Record is 3351 NW 182 Street, Miami Gardens, Florida 33056. 3. On or about May 21, 2014 Respondent sealed and signed electrical, plumbing, and structural engineering documents for construction of a remodeled single family residence for Roberta Modena at 1029 SE 13th Court, Deerfield Beach, FL’ (“Modena Residence Project”). The electrical and plumbing drawings were two electrical sheets and two plumbing sheets. The structural drawings were contained in six sheets (A1-A6). 4. 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.” Rule 61G15-19.001(4), Fla. Admin. Code, also provides that “[fjailure to comply with the procedures set forth in the Responsibility Rules as adopted by the Board of Professional Engineers shall be considered as non-compliance with this section unless the deviation or departures therefrom are justified by the specific circumstances of the project in question and the sound professional judgment of the professional engineer.” 5. The Board has adopted Responsibility Rules of Professional Engineers (“Responsibility Rules”). These Rules are contained in Chapter 61G15-30 to Chapter 61G15-36, Fla. Admin. Code. Professional Engineers who perform services covered by the Responsibility Rules are required to comply with the Rules. Included in the Responsibility Rules are Rules governing Structural (Rule 61G15-31, Fla. Admin. Code), Electrical (Rule 61G15-33, Fla. FEMC v. Charles C. Mitchell, P.E.; Case No: 2014031694 Page 2 of 12 Administrative Complaint Admin, Code) and Mechanical (Rule 61G15-34, Fla. Admin. Code) Enginecring Documents produced by a Professional Engineer. 6. Respondent acted as Electrical and Mechanical Engineer of Record for the Modena Residence Project as that term is defined in Rule 61G15-30.002(1), Fla. Admin. Code. As such, all engineering documents prepared, signed, sealed, and dated by Respondent must contain the information set out in Rule 61G15-30.003(1), Fla. Admin. Code: (1) Engineering Documents are prepared in the course of performing engineering services. When prepared for inclusion with an application for a general building permit, the Documents shall meet all Engineer’s Responsibility Rules, set forth in Chapters 61G15-31, 61G15-32, 61G15-33, and 61G15-34, F.A.C., and be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of the Florida Building Code, adopted in Section 553.73, F.S., and applicable laws, ordinances, rules and regulations, as determined by the AHJ. The Documents shall include: (a) Information that provides material specifications required for the safe operation of the system that is a result of engineering calculations, knowledge and experience. (b) List Federal, State, Municipal, and County standards, codes, ordinances, laws, and rules, with their effective dates, that the Engineering Documents are intended to conform to. (c) Information, as determined by the Engineer of Record, needed for the safe and efficient operation of the system. (d) List engineering design criteria; reference project specific studies, reports, and delegated Engineering Documents. (e) Identify clearly elements of the design that vary from the governing standards and depict/identify the alternate method used to ensure compliance with the stated purpose of these Responsibility Rules. 7. The Florida Building Code (2010) — Building (“FBC-B”) Section 107.2.1 “Information on construction documents” states: .. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations,... FEMC v. Charles C. Mitchell, P.E.; Case No: 2014031694 Page 3 of 12 Administrative Complaint 8. Rule 61G15-33.001, Fla. Admin. Code, “Responsibility Rules of Professional Engineers ‘Concerning the Design of Electrical Systems” “General Responsibility” states in material part that: Electrical Engineering documents shall be prepared in accordance with applicable technology and with the requirements of the authority having jurisdiction. The documents shall identify the Engineer of record for the electrical systems project. Electrical Engineering documents shall demonstrate compliance with the requirements of the applicable codes and standards ... . FBC-B Section 2701.1 “Scope” states: This chapter governs the electrical components, equipment and systems used in buildings and structures covered by this code. Electrical components, equipment and systems shall be designed and constructed in accordance with the provisions of the NFPA 70, National Electrical Code. 9. Rule 61G15-34.001, Fla. Admin. Code, “Mechanical Systems” “General Responsibility” states in material part: Mechanical Engineering Documents shall be prepared.in accordance with the applicable technology and with the requirements of the authority having jurisdiction. The documents shall identify the Engincer of Record for the mechanical systems project. | Mechanical Engineering documents shall demonstrate compliance with the requirements of the applicable codes and standards ... . FBC-B Section 2901.1 Scope, states: “Plumbing systems and equipment shall be constructed, installed and maintained in accordance with the Florida Building Code, Plumbing (FBC-P).” 10. Rule 61G15-33.003(2), Fla. Admin. Code, “Design of Power Systems,” requires in material part that: (2) Electrical Engineering Documents applicable to the design of electrical power systems shall, at a minimum, indicate the following: (a) Power Distribution Riser Diagram with short circuit values; (b) Conductor Ampacities (sizes) and insulation type; (c) (d) Location and characteristics of surge protective devices; FEMC vy. Charles C. Mitchell, P.E.; Case No: 2014031694 Page 4 of 12 Administrative Complaint 7 (e) Main and distribution equipment, control devices, locations and sizes; (f) Voltage drop calculations for the feeders and customer-owned service conductors ... ; (g) Circuitry of all outlets, equipment and devices; (h) Load computations; (j) Grounding and Bonding. 11. Rule 61G15-33.004(2), Fla. Admin. Code, “Design of Lighting Systems,” requires in material part that: (2) Electrical Engineering Documents applicable to the design of lighting systems shall, at a minimum, indicate the following: (a) Lighting fixture performance specifications and arrangements; (b) Emergency Lighting, egress and exit lighting. 12. Respondent’s electrical engineering documents for the Modena Residence Project are materially deficient as follows: A. The drawings contain an Electrical Riser Diagram, but no short circuit values and no voltage drop calculations for the feeders and customer-owned service conductors. These omissions constitute violations of Rule 61G15-33.003(2)(a and f), Fla. Admin. Code. B. The drawings contain panel schedules for Panels A, B and C, with volt- amps (“VA”) and circuit breaker sizes. However, there are numerous errors in those panel schedules, such as single pole breakers for Dryer (A-17), Water Heater (A-21), Air Handler (B-36), and Air Condensing Unit (B-40). All four of these loads require 240 volt, 2-pole circuits where the panel schedules show single-pole breakers. Insulation types are not mentioned in the drawings. These errors constitute a violation of Rule 61G15-33.003(2)(b), Fla. Admin. Code. Cc. No surge protective devices are shown on the drawings. This constitutes a violation of Rule 61G15-33.003(2)(d), Fla. Admin. Code. FEMC v. Charles C. Mitchell, P.E.; Case No: 2014031694 Page 5 of 12 Administrative Complaint Dz The main disconnect and distribution panels are shown on the Electrical Service Riser Diagram, but the riser shows Panel A serving Panel B, and Panel B serving Panel C. The Panel Schedules show Panel A serving both Panels B and C. Other distribution errors: The Riser shows Panel C fed from Panel B through an 80 amp breaker; Panel A shows Panel C fed from Panel A through a 150 amp, 2-pole breaker. The Riser shows both Air Handling Units (‘AHU”) and both air Condensing (“AC”) Units fed from Panel A; Panel A Schedule and Panel B Schedule show one AHU and one AC from each Panels A and B. Panel A schedule shows Panel B being served through a 175 amp, 2-pole breaker in Panel A; The Electrical Riser shows Panel B as 200 amp panel; Panel B Schedule shows it to be a 250 amp panel. These errors and conflicts constitute violations of Rule 61G15-33.003(2)(e), Fla. Admin. Code. E. The drawing contains errors and conflicts in the panels and circuit breakers. i.e., the circuit breaker (A-18, 20) for a 12 kW stove is shown to be 45/2 (45 amps, 2-pole), which is insufficient to comply with NEC Table 310-16. Additionally, National Electric Code (“NEC” 210.63 requires a convenience receptacle within 25' of any air condition equipment. The drawings do not show such requirements at either of the two outdoor condensing units. In addition, NEC 210.11(c)(3) requires a 20-amp branch circuit to supply bathroom receptacle(s), and shall serve no other outlets. Drawing e-1 shows circuit B26 serving a receptacle in Bathroom 2 and an outdoor receptacle near the front entry door. These errors and inaccuracy of the circuity constitute a violation of Rule 61G15-33.003(2)(g), Fla. Admin. Code. F, Load calculations are shown on Sheet e-2; however, these load calculations are not clear and have many conflicts, errors, and exaggerated loads. If the FEMC v. Charles C. Mitchell, P.E.; Case No: 2014031694 Page 6 of 12 Administrative Complaint load calculations had been patterned after NEC Annex D, Example D2(a), the calculated electrical service size would have been calculated at 113 amps, vs. 268 amps as shown on Sheet e-2. These erroneous calculations in the load calculations constitute a violation of Rule 61G15-33.003(2)(h), Fla. Admin. Code. G. The Riser shows non-grounded service conductors to serve Panel C, but no ground conductor is shown. This is inconsistent within the riser, which shows a ground for Panels A and B. The omission of a ground conductor for Panel C constitutes a violation of Rule 61G15-33.003(2)(j), Fla. Admin. Code. H.) There are no lighting fixture performance specifications on the drawings. This constitutes a violation of Rule 61G15-33.004(2)(a), Fla. Admin. Code. 13. Rule 61G15-34.008 Fla. Admin. Code, “Mechanical Systems” states that construction documents shall ... define the required mechanical systems, including plumbing components, processes, equipment and material... Rule 61G15-34.007(2), Fla. Admin. Code, “Design of Plumbing Systems,” requires that: (2) Mechanical Engineering Documents applicable to plumbing systems shall, when applicable, include but are not limited to, the following: (a) Equipment schedules for all plumbing fixtures, water heaters, ...; (c) Potable Water isometric diagrams with pipe sizes and total water fixture units; (e) Storm riser diagrams with pipe sizes and cumulative drain area square footages; (f) Cold water, hot water, sanitary, and storm drainage piping layouts; (i) List of ASHRAE, ASME, ASPE, ANSI and other applicable codes, design standards and requirements; (1) All plumbing fixtures, valves, pumps, tanks, accessories, specialties, enclosures, and such equipment shall be described and located on the drawings. 14. | Respondent’s mechanical engineering documents (plumbing) for the Modena Residence Project are materially deficient as follows: A. The drawings contain fixture equipment to determine total fixture units, but complete equipment schedules are absent from the drawings. The absence of FEMC v. Charles C. Mitchell, P.E.; Case No: 2014031694 Page 7 of 12 Administrative Complaint complete plumbing equipment schedules violates Rule 61G15-34.007(2)(a), Fla. Admin. Code. . B. Potable water isometric diagrams are not shown on the drawings. Total water fixture units are not shown on the drawings. The omission of potable water isometric diagrams with piping sizes and the omission of total water fixture units constitutes a violation of Rule 61G15-34.007(2)(c), Fla. Admin. Code. C. No storm riser diagrams are shown on the drawings. No area drainage calculations are shown on the drawings. The omission of storm riser diagrams and area drainage calculations constitutes a violation of Rule 61G15-34.007(2)(e), Fla. Admin. Code. D. The plumbing drawings show sanitary piping layouts but no cold water, hot water nor storm drainage piping layouts. These omissions constitute a violation of Rule 61G15-34.007(2)(f), Fla. Admin. Code. E. The drawings include applicable Florida Building Codes but do not list applicable ASHRAE, ASME, ASPE, ANSI codes, design standards or requirements. The omission of applicable codes, design standards and requirements constitutes a violation of Rule 61G15-34.007(2)(i), Fla. Admin. Code. F. The drawings do not contain descriptions of all plumbing fixtures, valves, accessories, specialties and enclosures. The omission of descriptions of all plumbing fixtures and plumbing accessories constitutes a violation of Rule 61G15-34.007(2)(1), Fla. Admin. Code. 15. Respondent acted as Structural Engineer of Record for the Modena Residence Project as that term is defined in Rules 61G15-30.002(1) and 61G15-31.002(1), Fla. Admin. FEMC v. Charles C. Mitchell, P.E.; Case No: 2014031694 Page 8 of 12 Administrative Complaint Code. As such, all structural documents prepared, signed, sealed and dated by Respondent must contain the information required by Rules 61G15-30.003(1) and 61G15-31.002(5), Fla. Admin. Code. The plans and specifications for the Modena Residence Project fail to contain this information and thus fail to comply with the Responsibility Rules. 16. | Respondent’s structural engineering documents for the Modena Residence Project are materially deficient as follows: A. No demolition information is shown as required by FBC 2010, Section 107.7.5. B. Roof information is missing which is required by FBC 2010, Sections 107.2.1 through 107.2.5. Cc. The drawings are mislabeled showing main force resisting system using 140 MPH as opposed to the 170 MPH required by the applicable building code. D. No calculations were submitted on the drawings, or were attached to the drawings as required by FBC 2010. COUNT I 17. Petitioner realleges and incorporates Paragraphs One (1) through Eleven (11) as if fully set forth in this Count One. 18. Respondent’s Electrical Engineering Plans for the Modena Residence Project contain deficiencies including, but not limited to, those set forth in Paragraphs One (1) through Twelve (12). Respondent violated the provisions of Section 471.033(1)(g), Florida Statutes, and Rule 61G15-19.001(4), Fla. Admin. Code, by signing and sealing 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 FEMC v. Charles C. Mitchell, P.E.; Case No: 2014031694 Page 9 of 12 Administrative Complaint for the Modena Residence Project and (2) the final engineering documents for the Modena Residence Project were not issued in compliance with acceptable engineering principles. 19. 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 IT 20. Petitioner realleges and incorporates Paragraphs One (1) through Seven (7), and Twelve (12) through Fourteen (14) as if fully set forth in this Count Two. 21. Respondent’s Mechanical Plumbing Engineering Plans for the Modena Residence Project contain deficiencies including, but not limited to, those set forth in One (1) through Seven (7), and Twelve (12) through Fourteen (14) as if fully set forth in this Count Two. Respondent violated the provisions of Section 471.033(1)(g), Florida Statutes, and Rule 61G15- 19,001(4), Fla. Admin. Code, by signing and sealing 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 Modena Residence Project and (2) the final engineering documents for the Modena Residence Project were not issued in compliance with acceptable engineering principles. 22. 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 Ul 23. Petitioner realleges and incorporates Paragraphs One (1) through Seven (7) and Fifteen (15) through Sixteen (16) as if fully set forth in this Count Three. 24. Respondent’s structural engineering drawings for the Modena Residence Project contain deficiencies including; but not limited to, those set forth in Paragraphs One (1) through FEMC v. Charles C. Mitchell, P.E.; Case No: 2014031694 Page 10 of 12 Administrative Complaint Seven (7) and Fifteen (15) through Sixteen (16). 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 signing and sealing structural 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 Modena Residence Project and (2) the final engineering documents for the Modena Residence Project were not issued in compliance with acceptable engineering principles. 25. 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 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. ate “ ; SIGNED this_) “— day of 224 ¢)f-0-/Y7A).C (— , 2015. Zana Raybon Executive Director a “ / ; ape eo BY: John J. Rimes, III Prosecuting Attorney FEMC v. Charles C. Mitchell, P.E.; Case No: 2014031694 Page \1 of 12 Administrative Complaint COUNSEL FOR FEMC: John J. Rimes, Ill Prosecuting Attomey Florida Engineers Management Corporation 2639 North Monroe Street, Suite B-112 Tallahassee, Florida 32303 Florida Bar No. 212008 PCP DATE: September 15, 2015 PCP Members: Fiorillo, Matthews & Pepper CERTIFICATE OF SERVICE I HEREBY CERTIFY a correct copy of the foregoing filed Administrative Complaint was furnished to Respondent, Charles C. Mitchell, P.E., at his Address of Record with the Department of Business and Professional Regulation of 3351 yw 182"! Street, Miami Gardens, FL 33056 by U.S, Certified and First Class Mail, on the AL Hof IA; , 2015. ( \ y CLS fA. i Trishia Finkey, Paralegal heim ge IS FEMC v. Charles C. Mitchell, P.E.; Case No: 2014031694 Page 12 of |2 Administrative Complaint

Docket for Case No: 16-001262PL