FILED Florida Engineers Management Corporation Depart of invrs wd Pikesina Relacn 08/01/2018 Clerk: Rebecca Valentine] sTATE OF FLORIDA Deputy Agency Clerk FLORIDA BOARD OF PROFESSIONAL ENGINEERS CLERK vette Lawson-Proctor Date 8/1/2018 File # FILED FLORIDA BOARD OF PROFESSIONAL ENGINEERS, Petitioner, v. FEMC Case No. 2017003149 ROBERT T. HAUG, P.E., Respondent, ADMINISTRATIVE 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 T. HAUG, 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 24575. Respondent’s last known address is 1820 East Edgewood Drive, Suite 105, Lakeland, Florida 33803. 3. In August 2016 Respondent sealed signed and dated engineering design documents for an existing structure located at 1713 North Albany Avenue, Tampa, Florida (Albany Project). The documents for the Albany Project included Electrical Engineering documents. 4 The four sheets of drawings for the Albany Project, signed and sealed by Respondent, do not contain a title block with the name, address and license number of the engineer who signed, dated and sealed the plans. 5. Rule 61G15-23.001(4)(a)1., Florida Administrative Code, requires that “[a] title block shall be used on each sheet of plans or prints and shall contain the printed name, address, and license number of the engineer who has signed, dated and sealed the plans or prints.” Respondent’s drawings for the Albany Project do not contain a title block or any of the required information. 6. Section 471.033(1)(a) provides in material part: “(1) The following acts constitute grounds for which the disciplinary actions in subsection (3) may be taken: (a) Violating any ... rule of the board or department.” T 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 T. Haug, P.E., Case No. 20170503149 8. The Board has adopted Responsibility Rules of Professional Engineers (“Responsibility Rules”). These Rules are contained in Chapters 61G15-30 to 61G15-36, Fla. Admin. Code. Professional Engineers who perform services covered by the Responsibility Rules are required to comply with the Rules. 9. 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.” 10. Rule 61G15-30.002(1), Fla. Admin. Code, mandates that Respondent, as the engineer of record for the Albany Project, is professionally responsible for the documents prepared. As such, Respondent is responsible for producing documents that comply with the applicable portions of the Responsibility Rules. 11. Respondent acted as the Electrical Engineer of Record for the Albany Project as that term is defined in Rules 61G15-30.002(1), 61G15-31.002(1), 61G15-33.002(1) and 61G15- 34.002(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): 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 ... 61G15-33... 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[FBC], adopted in Section 553.73, F.S., and applicable laws, ordinances, rules and regulations, as determined by the Agency Having Jurisdiction (AHJ). The Documents shall include: FBPE vs. Robert T. Haug, P.E., Case No. 20170503149 (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. 12. 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,...” 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 (NEC).” FBC-B Section 2801.1 “Scope,” states: Mechanical appliances, equipment and systems shall be constructed, installed and maintained in accordance with the Florida Building Code, Plumbing (FBC-P). FBPE vs. Robert T. Haug, P.E., Case No. 20170503149 13. Rule 61G15-33.001 “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... .” 14. Rule 61G15-33.003(2) “Design of Power Systems,” requires in material part that “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) Circuit interrupting devices and fault current interrupting capability. (d) Location and characteristics of surge protective devices. (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. (1) Record documents applicable to power systems shall, at a minimum, contain information as required by Florida Building Code. 15. Rule 61G15-33.004(2) Design of Lighting Systems, requires that 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. (d) Lighting control and circuiting. (e) Calculated values to demonstrate compliance with the Florida Energy Code for Building Construction. 16. Respondent’s Electrical Engineering Design Documents for the Albany Project are materially deficient as follows: FBPE vs. Robert T. Haug, P.E., Case No. 20170503149 (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). (b) Additionally, the Electrical Riser Diagram shows a utility meter feeding a 200 amp disconnect, from 4-3/0 THHW cu (copper) at the weatherhead, but reducing to 1/0 copper or 3/0 aluminum conductors. This 200 amp disconnect is shown to serve a 200 amp electrical panel through 1/0 AWG (American Wire Gauge) copper or 3/0 aluminum conductors. This conductor sizing violates NEC Table 310.15(B)(16) which, for a 200 amp load, requires #3/0 AWG copper or 250 KCMIL (thousand circular mils) aluminum. This error in sizing the Electrical Service Riser feeders to the 200 amp main panel constitutes a violation of Rule 61G15- 33.003(2)(b) and (e). (c) NEC 210.63 requires a receptacle outlet to be installed at an accessible location for servicing HVAC (Heating, Ventilation, and Air Conditioning) equipment, within 25 feet of said equipment. The HVAC unit is shown on one of the drawing sheets, and no servicing receptacles are shown. The absence of such receptacles violates NEC 210.63. (d) | The drawings show no circuit interrupting devices and fault current capability, and no circuitry for outlets, equipment or devices. The absence of circuit interrupting devices and fault current capability, and the absence of circuitry for electrical power loads constitutes violations of Rule 61G15-33.003(2)(c) and (g). (e) No surge protective devices are shown on the drawings. This omission constitutes a violation of Rule 61G15-33.003(2)(d). (f) The drawings contain no electrical load computations. The absence of load computations constitutes a violation of Rule 61G15-33.003(2)(h). FBPE vs. Robert T, Haug, P.E., Case No, 20170503149 (g) | The drawings do not contain information as required by the FBC. FBC-B Section 107.3.5 “Minimum plan review criteria for buildings” states: The examination of the documents by the building official shall include the following minimum criteria and documents: Electrical 1. Services, Electrical branch circuits, Overcurrent protection, wiring methods and materials. 3. Load Calculations. The absence of these FBC-B requirements constitutes a violation of Rule 61G15-33.003(2)(1). (h) The legend on one of the drawing sheets contains symbols for five different lighting fixtures, but the drawings contain no information on the specifications of any fixtures. This constitutes a violation of Rule 61G15-33.004(2)(a). (i) This facility is apparently designed to serve the public, although the Scope of Work is not described. It is observed that no illuminated exit signs (IES) and emergency wall- pack egress lighting fixtures are shown on the drawings, and the drawings contain no specifications for such. The absence of IES and egress lighting constitutes a violation of Rule 61G15- 33.004(2)(a) and (b). Gj) The drawings show no circuiting for any lighting fixtures on this project. This omission constitutes a violation of Rule 61G15-33.004(2)(d). (k) The drawings contain no calculated values to demonstrate compliance with the Florida Energy Code for Building Construction. These omissions constitute a violation of Rule 61G15-33.004(2)(e). COUNT I ELECTRICAL DESIGN DOCUMENTS 17. Petitioner realleges and incorporates Paragraphs One (1) through Three (3) and Seven (7) through Sixteen (16) as if fully set forth in this Count One. FBPE vs. Robert T. Haug, P.E., Case No. 20170503149 18. Respondent’s electrical engineering drawings for the Albany Project contain deficiencies including; but not limited to, those set forth in Paragraph 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), F. A. C., by sealing and signing electrical 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 Albany Project and (2) the final engineering documents for the Albany 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 II LACK OF TITLE BLOCK ON ENGINEERING DOCUMENTS 20. Petitioner realleges and incorporates Paragraphs One (1) through Six (6) as if fully set forth in this Count Two. 21. By sealing, signing and then issuing the drawings for the Albany Project without placing a title block on each sheet of the drawings containing the Respondent’s printed name, address, and license number, Respondent failed to comply with Rule 61G15-23.001(4)(a)1. 22. Based on the foregoing, Respondent is charged with violating Section 471.033(1)(a), Florida Statutes, by violating a rule of the Board. 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 vs. Robert T. Haug, P.E., Case No. 20170503149 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 2 \__ day of mat U2 , 2018. Zana Raybon Executive Director john J. Rimes, Ill ecuting 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/Arv PCP DATE: July 18, 2018 PCP Members: MATTHEWS, DRURY & ALBERGO CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was furnished to Robert T. Haug, P.E. at 1820 East Edgewood Drive, Suite 105, Lakeland, Florida 33803, by certified mail and First Class U. S. Mail, on the vy. of Ascost , 2018. Ct 0. a Valentine, Paralegal FBPE vs. Robert T. Haug, P.E., Case No. 20170503 149

Docket for Case No: 19-000075PL