Florida Engineers Management Corporation ‘05/19/2017 Clerk: Rebecca Valentine] STATE OF FLORIDA : RD OF PROFESSIONAL ENGINEERS CLERK Evelte Laweon-Proctor FILED FILED Deparunent of Business and Professional Regulation Deputy Agency Clerk Oeste = 19/2017 File # FLORIDA BOARD OF PROFESSIONAL ENGINEERS, Petitioner, v. FEMC Case No. 2016041979 ROBERT BRADY, PE, Respondent, AD RA COMPLAINT COMES NOW the Florida Engineers Management Corporation (FEMC) on behalf of Petitioner, Florida Board of Professional Engineers, hereinafter referred to as “Petitioner,” and files this Administrative Complaint against ROBERT BRADY, P.E., hereinafter referred to as “Respondent.” This Administrative 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, 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). 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 26153. Respondent's last known address is 6568 SW 62nd Avenue, Ocala, Florida 34474. 3. On July 22, 2016 Respondent sealed, signed and dated an “after the fact” or post construction roof inspection report (Report). The Report was for a roof system installed at 2190 S.E. 39th Street, Ocala, Florida 34480, Permit No. 2016070819, and was filed with the Marion County Building Department. 4, The Report was issued on behalf and on the letterhead of Consolidated Professional Services, P, A. The Report included information which stated that Consolidated Professional Services possessed a Certificate of Authorization (CA # 4020) issued by the Board. 5. The Report stated in material part: This is to certify that, on July 22, 2016, an inspection of the roofing 753-roof final shingle installation at the subject project. This inspection was performed by inspection of the shingles nailing pattern. The installation of the shingles was installed approximately in 2007 as a shingle roof over. Two layers of shingles was found, the original and the new layer of shingles. The shingles are a GAF architectural grade 30-year type. The shingles has six nails each and with nails of sufficient length to penetrate the decking. Based upon this inspection and observations, It Is the opinion that the installation of the roofing materials conforms to the project plans provided by GAF and applicable sections of the Sh edition Florida Building Code, Residential (2015) [FBC- R]. 6. The Report is an engineering “certification” as that term is defined in Rule 61G15- 18.011(4), Florida Administrative Code, (“a statement signed and/or sealed by a professional engineer representing that the engineering services addressed therein, as defined in Section 471.005(6), F.S., have been performed by the professional engineer, and based upon the professional engineet’s knowledge, information and belief, and in accordance with commonly accepted procedures consistent with applicable standards of practice,...”). “Certifications” are subject to the standards set out in Rule 61G15-29.001 which require that if an engineer is presented with a “certification” that “...involve[s] matters which are beyond the engineer’s scope of services FBPE vs. Robert Brady, P.E., Case No. 2016041979 actually provided...” that the engineer must “... (a) modify such certification to limit its scope to those matters which the engineer can properly sign and/or seal, or (b) decline to sign such certification.” te The Report was materially deficient in that: A. While the Report states that the roofing system conforms to the FBC, the weatherproofing is inadequate. The flashing was not correctly installed and as a result there were openings allowing moisture to penetrate the interior space in violation of the FBC. B. The roof covering is uneven and sags. The condition of sagging and soft areas is directly attributable to failures in the underside of the roofs shingles and should have been part of the exterior roof inspection as it was in plain view for the on-site inspector. Despite this fact, Respondent certified the roofing system as conforming to the FBC-R’s requirements when it did not. Cc. According to the appropriate portion(s) of the FBC, the installation of shingles on top of existing shingles under certain conditions is forbidden. One of those conditions is if the existing state of the roof shows structural or other deficiencies. Since the roof described in the Report is sagging, the installation of shingles on top of existing shingles is not allowed. Notwithstanding this fact, Respondent certified the roofing system as complying with the FBC- Residential when the roofing system was materially not in compliance with the FBC. 8. 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.” FBPE vs. Robert Brady, P.E., Case No. 2016041979 io. Section 471.033(1)(g), Florida Statutes, provides that an engineer is subject to discipline for “[v]iolating ... [a] rule of the [BJoard....” 10. Based upon the facts set forth in Paragraph 7, Respondent failed to comply with the requirements of Rule 61G15-29.001 by not declining to sign the Report and/or by not materially limiting its scope. 11. By signing and sealing the Report when the data upon which it was based showed material deficiencies in the installation of the roofing system, Respondent failed to utilize due care in performing in an engineering capacity and failed to have due regard for acceptable standards of engineering principles. 12. The Certificate of Authorization for Consolidated Professional Services, P. A became delinquent for nonrenewal on March 11, 2015. Therefore when Respondent signed and sealed the Report on behalf of Consolidated Professional Services, P. A, Respondent issued an engineering report through an engineering firm that did not possess a current active Certificate of Authorization. 13. Section 471.023(1), Florida Statutes, permits the practice of engineering through a business organization only if such an organization possesses a current active Certificate of Authorization. 14. By signing and sealing the Report on behalf of Consolidated Professional Services, P. A, Respondent practiced engineering through an entity which did not hold a current active Certificate of Authorization issued by the Board. COUNT I 15. Petitioner realleges and incorporates Paragraphs One (1) through Nine (9) as if fully set forth in this Count One. FBPR vs, Robert Brady, P.E., Case No, 2016041979 16. As set forth in Paragraphs One (1) through Eleven (11) Respondent failed to utilize due care in performing in an engineering capacity and failed to have due regard for acceptable standards of engineering principles and failed to comply with the requirements of Rule 61G15- 29.001. 17. 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. 18. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(g), Florida Statutes, by “[vJiolating ... [a] rule of the [BJoard...” as a result of failing to comply with the requirements of Rule 61G15-29.001. COUNT II 19. Petitioner realleges and incorporates Paragraphs One (1) through Five (5) and Twelve (12) through Fourteen (14) as if fully set forth in this Count Two. 20. By signing and sealing the Report on behalf of Consolidated Professional Services, P. A, Respondent practiced engineering through an entity which did not hold a current active Certificate of Authorization issued by the Board. 21. Based on the foregoing, Respondent is charged with violating Section 471.033(1) (g), Florida Statutes, by engaging in misconduct in the practice of engineering, and with violating Section 471.033(1)(a), Florida Statutes, by violating Section 471.023(1), Florida Statutes.. 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 FBPE ys. Robert Brady, P.E., Case No. 2016041979 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 | \__ day of aaleeet 2017. Zana Raybon Executive Director John J. Rimes, III yecuting Attorney COUNSEL FOR FEMC: John J. Rimes, III Prosecuting Attorney Florida Engineers Management Corporation 2639 North Monroe Street, Suite B-112 Tallahassee, Florida 32303 Florida Bar No. 212008 JR/rv PCP DATE: May 09, 2017 PCP Members: FLEMING, BRACKEN & MATTHEWS CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was furnished to Robert Brady, P.E.at 6568 SW. 62nd ‘ead Ocala, Florida 34474, by certified mail and First Class U. S. Mail, on the fal pa of , 2017. cu VQ Rebecca Valentine, Paralegal FBPE vs. Robert Brady, P E., Case No. 2016041979

Docket for Case No: 17-005513PL