Findings Of Fact The Respondent is a registered roofing contractor, having been issued license number RC 0034898. He operates a business known as B & P Roofing at 244 Tollgate Trail, Longwood, Florida. The Respondent has appropriately qualified the business name of "B & P Roofing" with the Petitioner. The Petitioner is an agency of the State of Florida charged with enforcing the provisions of Chapter 489, Florida Statutes, with regard to licensure of building contractors, the regulation of their licensure status and methods of operation and practice. During June of 1981, the Respondent, doing business as B & P Roofing, contracted to perform a re-roofing job with Mr. Jack Mewhirter, whereby he was to put a new roof on a residence at 137 Variety Tree Circle, Altamonte Springs, Florida. The construction of the roof was contracted for and completed during June, 1981. The Respondent failed to obtain a building permit before or during construction of the roof and also failed to obtain a final inspection of the roof when it was finished in June, 1981. The Respondent's testimony establishes that the Respondent was familiar with the building code adopted in Seminole County and familiar with the requirement that he was responsible as the contractor, to obtain a permit before commencing construction of the roof and that he was also responsible for obtaining a final inspection by the Seminole County Building Official. In response to a complaint from Mr. Mewhirter, the owner of the residence, the Seminole County Building Officials, Mr. Flippent and Mr. Del'Attibeaudierer became aware that no building permit had been obtained for the re-roofing job and that no final inspection had been obtained pursuant thereto. Accordingly, Mr. Del'Attibeaudierer inspected the roof in November, 1981, and Mr. Flippent informed the Respondent of the necessity to obtain a building permit and a final inspection. Thus, on November 10, 1981, the Respondent obtained the building permit and called for the final inspection. Mr. Del'Attibeaudierer was unable to sign the final inspection document as "satisfactory" because he was unable to adequately inspect the roof once it was finished. He had been unable to inspect the method by which it was installed during its construction due to the Respondent failing to inform him or his superiors that the roof was under construction and that inspections were needed at that time. hen the Respondent entered into the contract with Mr. Mewhirter, he informed Mr. Mewhirter that he would not obtain a building permit because that would "drive the cost up." The Respondent, in his testimony, denied that he made such a statement, but Mr. Mewhirter's testimony is here found more credible because of the facts established by Mr. Del'Attibeaudierer's testimony that a random check of the roof after he finally was able to inspect it in November, 1981, revealed that all the shingles he examined were nailed with only three nails and were nailed too high up near the upper edge of the shingle, which is a substandard method of installing the roof and which permits storm winds or rain to raise the shingles, causing possible damage to the roof. The fact that the roof was installed in this fashion and that fact that the Respondent admittedly knew of the requirements of the building code and the requirement that a permit be obtained and inspections be made during the course of and at the conclusion of the job, indicated that the Respondent was knowingly trying to avoid the necessity of obtaining a permit and a final inspection and thus lends sufficient credibility to Mr. Mewhirter's testimony regarding the reason the Respondent obtained no permit. In any event, the roof was shown to not be constructed in accordance with the building code. In summary, it was established that the Respondent knew of the appropriate building code, was thoroughly familiar with it and and indeed had installed an excess of seven hundred roofs since he entered the business. He was aware, in connection with the need for obtaining a building permit, that he should also obtain inspections during the construction and a final inspection when the roof was finished, which he failed to do until reminded of his violation by the building department five months after the roof was completed, at which time it was too late to perform the appropriate inspections. Thus, the roof could not be approved by the building department of Seminole County. The Respondent admitted to only being present on the subject job site for approximately an hour and a half during the entire construction of the roof and he admittedly did not bother to look to see if a permit was on the job site at that time, or any other time. Finally, although the Respondent remonstrated that his failure to get a building permit at the appropriate time was inadvertent and due to his assumption that other office personnel had taken care of the obtaining of the permit, that testimony is not found to be credible since it was established, through the testimony of Mr.. Mewhirter, that the Respondent consciously decided not to obtain a permit prior to starting construction of the roof.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence in the record and the candor and demeanor of the witnesses and the pleadings and arguments of the parties, it is, therefore RECOMMENDED: That the Respondent, George G. Vincent, be found guilty of the charges contained in Counts I and II of the Administrative Complaint and that an administrative fine of $1,000 be imposed. DONE and ENTERED this 23rd day of February, 1983, in Tallahassee, Florida. P. MICHAEL RUFF, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of February, 1983. COPIES FURNISHED: John O. Williams, Esquire 547 North Monroe Street Suite 204 Tallahassee, Florida 32301 Gary Siegel, Esquire 292 U.S. Highway 17-92 P.O. Drawer 965 Fern Park, Florida 32730 James A. Linnan, Executive Director Construction Industry Licensing Board P.O. Box 2 Jacksonville, Florida 32202 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DEPARTMENT OF PROFESSIONAL REGULATION, Petitioner, v. DPR Case No. 0017669 DOAH Case No. 82-1341 GEORGE C. VINCENT B & P Roofing RC 0034898 244 Tollgate Trail Longwood, Florida 32750, Respondent. /
Findings Of Fact The Respondent is a registered mechanical contractor having been issued license number PM 0031251. The Petitioner is an agency of the State of Florida, charged with regulating the practices of contractors, administering and regulating their licensure status, and enforcing the legal requirements of Chapter 489, Florida Statutes, and appertinent rules. In the late summer of 1980, the Respondent, d/b/a Reach Services and Supply Company, entered into a verbal contract with one Harvey Smith to install an air-conditioning and heating unit in Mr. Smith's residence located at 610 Outer Drive, Milton, Florida. The contract was for approximately $1,245. The Respondent failed to obtain a permit from the City of Milton for the installation of those units at Harvey Smith's residence until after the installation was essentially completed. The building inspector for the City of Milton, Anthony Thompson (testifying for the Petitioner), inspected the premises on or about October 31, 1980, and found several violations of the building code of the City of Milton, to wit: (a) the furnace was installed too close to the wall of the house (less than the required six inches); (b) a cut-off valve for the gas supply line was not installed; (c) a weather-proof disconnect device was not installed at the furnace unit and the furnace was not wired on a separate electrical circuit from other residential electrical equipment. The building inspector notified the Respondent concerning these deficiencies immediately after the inspection. The Respondent ultimately reinstalled the furnace, on February 12, 1981, so that it did comply with the minimum distance required between the furnace and the structural walls. The Respondent failed, however, to return to the job and otherwise complete the installation and correct the remaining deficiencies after several requests by both the owner and the building official, Mr. Thompson. Through his own efforts, the owner of the residence, Mr. Smith, eventually had the installation of the furnace completed in August of 1981. In the fall of 1980, the Respondent installed a furnace at 613 Outer Drive for Mr. Frank Moss, which was inspected by the same inspector on or about December 23, 1980. The clearance between the furnace and the structural wall of the residence in this instance was also insufficient, which can cause a significant risk of the structural wall igniting due to the heat generated by the furnace. There was no cut-off valve on the gas supply line installed within six feet of the furnace (as required by Section 302.1 of the Standard Gas Code). No disconnecting device was installed on the unit such that the wire was connected directly to the unit contrary to the requirements of Section 801 of the Standard Mechanical Code. Finally, a permit was not obtained for the installation of the furnace at all, as is required by Section 104 of the Standard Mechanical Code. During late 1980, the Respondent contracted for and installed a heating and air-conditioning system at 206 Berryhill Road, Milton, Florida. On or about January 12, 1980, the building official, Mr. Thompson, inspected the installation. A cutoff valve had not been installed within six feet of the furnace, ducting was improperly supported, and the furnace was located below the adjacent ground level. The ducts were not properly taped, nor was a proper type of wire used to wire the related electrical receptacle. The vent for the furnace did not extend the minimum required distance above the roof of the dwelling. No light outlet was installed in the furnace area. These deficiencies were, respectively, contrary to the requirements of Section 302.1, Section 504, Section 303.2-5(b), Section 506 and Section 511, Section 303.2-5(d) of the Standard Mechanical Code, and of Sections 302.1 and 507.3 of the Standard Gas Code of the City of Milton, Florida. During late 1980, the Respondent contracted for and installed an air- conditioning and heating system at 405 Ravine Street, Milton, Florida for Mary Beth Williamson. Once again, on January 12, 1981, Mr. Thompson inspected that installation at which time the following deficiencies existed: insulation was improperly installed, there were holes in the "air plenum" and improper caulking. Once again no gas cut-off valve was installed and the wiring was improperly installed and not weather-proofed. These installations were not performed within the requirements of Section 511 of the Mechanical Code (1978 revision) and Section 302.1 of the Standard Gas Code. The Respondent ultimately repaired or corrected the various deficiencies with regard to the 405 Ravine Street installation and established that the inspection for that particular installation had been prematurely called in by his son, his employee, and that the job was not yet ready for inspection at the time the inspection was mistakenly requested. Further, during the periods of time in question in the fall of 1980, the Respondent was ill with a serious heart ailment. He was consequently unable to be present at each job for an adequate period of time to fully supervise the installation, as he has done before and after the period of time in question. Since 1981, the Respondent has established a record of cooperating with the City of Milton Building Department and there have been no more recent violations.
Recommendation Having considered the foregoing Findings of Fact and Conclusions of Law, the evidence of record and the candor and demeanor of the witnesses, it is, therefore RECOMMENDED: That a Final Order be entered finding the Respondent, Abe L. Newsome, guilty of four violations of Section 489.129(1)(d) and (k), Florida Statutes (1979), and one violation of Section 489.129(1)(m) and that a $400 fine for each of the five violations be imposed. DONE and ENTERED this 29th day of February, 1984, in Tallahassee, Florida. P. MICHAEL RUFF Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 29th day of February, 1984. COPIES FURNISHED: John O. Williams, Esquire BOYD, THOMPSON & WILLIAMS 2441 Monticello Drive Tallahassee, Florida 32303 Abe L. Newsome 612 Highway 90 West Milton, Florida 32570 James Linnan, Executive Director Construction Industry Licensing Board Department of Professional Regulation Post Office Box 2 Jacksonville, Florida 32202 Fred M. Rochep, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
The Issue The issue is whether Respondent engaged in the negligent practice of engineering, in violation of Section 471.033(1)(g), Florida Statutes.
Findings Of Fact Respondent has been a licensed professional engineer in Florida since 1994, holding license number 47676. He is not licensed in any other states. Respondent is a member of the American Society of Civil Engineers, National Society of Professional Engineers, Structural Engineers Council, and National Academy of Forensic Engineers. He also serves as a subject-matter expert for the Florida Construction Industry Licensing Board, and he helps prepare and evaluate contractor licensing examinations. Respondent is also a licensed general contractor. This case involves engineering drawings that Respondent prepared for a residential project known as the Sorrentino Residence. The Sorrentino Residence is located in Hillsborough County. The drawings, which are signed and sealed by Respondent, represent that the design portrayed by the drawings is “in accordance” with the SBCCI Standard Building Code, 1994 Edition[, and t]he wind design was conducted using a 110 MPH wind speed.” Prior to the Sorrentino Residence, Respondent had been the engineer of residence for over 20 projects. About 10 of these projects had been wood-frame homes, such as the home designed and constructed as the Sorrentino Residence. The owner of the Sorrentino Residence purchased plans from Amerilink. A mechanical/electrical engineering firm, Parker-Stevens, obtained the consent of Amerilink to alter these plans for the Sorrentino Residence. One of the changes increased the thickness of the second floor, which raised the overall building height by 12 inches. Respondent became involved with the Sorrentino Residence when one of the principals of Parker-Stevens contacted him and asked if he would work on the project. The structural engineer who had started to work on the project had moved out of Florida prior to obtaining any permits. Respondent agreed to accept the assignment. Respondent worked on the drawings, as well as on other assignments, for six weeks. He required about 60 hours to perform all of the necessary calculations. Because of poor soil conditions at the lakefront lot at which the Sorrentino Residence was to be built, Respondent had to substitute pilings for a masonry stemwall. To preclude differential settlement of pilings, Respondent performed the calculations necessary to place the pilings so that each was within 10 percent of the others’ axial load. Respondent also performed calculations for numerous other purposes, including designing the beams, floor diaphragm, second-floor bearing wall, exterior walls, and structural ability to withstand wind loads. At the time that he began to work on the Sorrentino Residence drawings, Respondent was still a partner with Architectural Services and Engineering. In July 1997, two weeks after Respondent had sealed the drawings, Respondent became dissatisfied with the business practices of his partner, who was not an engineer, contractor, or architect, and left Architectural Services and Engineering. Construction on the Sorrentino Residence started about six weeks later. When Respondent left Architectural Services and Engineering, he was the sole qualifier for the company, which did not obtain another qualifier for eight months. Following Respondent’s departure from Architectural Services and Engineering, the owner of the Sorrentino Residence contacted Respondent to discuss the drawings. Because the contract was between the owner and Architectural Services and Engineering, Respondent’s former partner objected to any communication between Respondent and the owner and, among other things, made the complaint that led to the commencement of this disciplinary proceeding. At this point, Respondent chose not to have further contact with the owner or construction of the residence. Count One alleges that Respondent’s drawings are deficient because they fail to specify the necessary supplemental framing in the exterior walls of the living room and kitchen. Petitioner has failed to prove by clear and convincing evidence that Respondent’s omission of the supplemental framing constitutes negligence in the practice of engineering. First, not surprisingly, common field practice has addressed the recurring phenomenon of openings in exterior walls. After cutting studs for an opening, all contractors add headers, jack studs, and full-length studs on each side of the opening. The omission from drawings of an element readily supplied by common field practice is not negligent. The Hillsborough Building Department expects drawings to depict supplemental framing, at least if such detail is necessary to construct the building that is the subject of the drawings. This expectation does not establish negligence in this case for two reasons. First, as noted in the preceding paragraph, common field practice obviates the necessity of the depiction of the supplemental framing around openings in exterior walls; thus, such detail is unnecessary to construct the building. Second, the Hillsborough Building Department frequently rejects drawings and plans; thus, a departure from its requirements is not necessarily negligence, at least absent a showing that negligence in engineering is common in Hillsborough County. Additionally, neither the Standard Building Code nor applicable rules specify the minimum contents of drawings. Interestingly, several years ago, the Hillsborough County Building Department eliminated its minimum requirements for drawings. These facts suggest that categoric minimum requirements for drawings must yield to a case-by-case approach that can better address the myriad of circumstances that accompany each design project, including the complexity of the subject structure, the significance of the item omitted from the drawings, and the likelihood that custom or practice will supply the information missing from the drawings. The preceding paragraphs sufficiently address the issue raised by Count One. However, both parties have addressed other issues. Given the resolution of these issues, it is unnecessary to consider whether they have been adequately pleaded. Sheet A-6 of the drawings contains details for a “typical wall section” and “typical shear wall.” The “typical wall section” clearly depicts exterior walls and specifies, for such walls, 2-inch by 4-inch studs spaced 16 inches on center. Sheet A-4 depicts exterior walls as 3 1/2 inches thick, which is consistent with exterior framing of 2-inch by 4-inch lumber, rather than 2-inch by 6-inch or 2-inch by 8- inch lumber. However, General Note 4.4.1 on Sheet A-1 specifies that the exterior framing shall be 2-inch by 6-inch and 2-inch by 8-inch. The only 2-inch by 4-inch lumber is reserved for interior framing. The drawings are inconsistent as to the specification of exterior framing. The inconsistency is obvious and caused the owner to contact Respondent after delivery of the drawings and confirm that he intended the use of 2-inch by 6-inch or 2-inch by 8-inch exterior framing. However, Petitioner has failed to establish that this internal inconsistency in the drawings constitutes negligence. It is not negligence merely because drawings are flawed, even if the flaw requires a contractor or owner to request clarification from an engineer. The flaw in specifying the exterior framing studs is not negligent for two reasons. First, the obvious inconsistency in the drawings, which caused even the owner to contact Respondent, left little chance that a contractor would fail to notice the conflicting specifications. Noticing the conflict, the contractor would either build to the more conservative specifications, which would be the stronger exterior framing studs, or contact the engineer for clarification. Second, the record amply demonstrates that informed engineers differ as to the materiality of the specification that the exterior framing studs be greater than 2-inch by 4- inch. Absent clear and convincing evidence that the structural integrity of the building would have been affected, in terms of its ability to support design wind loads, the flaw in specifying the exterior framing studs does not rise to negligence. Count Three alleges that Respondent’s drawings are deficient because they fail to specify the sheathing thickness and nailing of the floor and roof diaphragms. Petitioner has failed to prove by clear and convincing evidence that Respondent’s omission of the sheathing thickness and nailing of the floor and roof diaphragms constitutes negligence in the practice of engineering. Again, neither the Standard Building Code nor the rules require the depiction of a diaphragm or a specification of its thickness or nailing patterns. The practice of the Hillsborough County Building Department is to require the depiction of the diaphragm if the drawings deviate from the sheathing orientation or nailing pattern specified in the Standard Building Code. Depicting the first floor framing plan, Sheet A-3 specifies 1/2-inch plywood subflooring. As noted by Respondent’s expert, 1/2-inch plywood subflooring would sag, although not collapse; 3/4-inch plywood subflooring is needed, given the 24-inch spacing of the floor trusses. Again, the owner, evidently concerned about this detail, contacted Respondent after delivery of the drawings, and Respondent told the owner to use 3/4-inch plywood. However, nothing in the Administrative Complaint alleges negligence in the misspecification of the plywood subflooring. Count Three alleges only that the drawings negligently omit specifications concerning the floor and roof diaphragm, which would include the plywood subflooring. Specifying the wrong item is not failing to specify an item. Proof concerning the erroneous specification of 1/2-inch plywood subflooring is therefore outside the scope of the pleadings and irrelevant. Count Four alleges that Respondent’s drawings are deficient because they include gable trusses even though the house was not to be constructed with gable trusses. Petitioner has failed to prove by clear and convincing evidence that the depiction of gable trusses constitutes negligence in the practice of engineering. Respondent explained that he simply provided the truss engineer with an alternative roof design, in case the need for an alternative arose. Respondent’s explanation was implausible. It was also imprudent, as evidenced from pages 12-14 of Petitioner’s proposed recommended order. The inclusion of the gable trusses was a simple, but harmless, mistake on Respondent’s part. Although sloppy, the inclusion of gable trusses in the drawings could not possibly have misled the truss engineer, to whom Respondent had properly delegated the responsibility for designing the roof, into designing the wrong roof for the Sorrentino Residence, nor could it have misled the contractor into building the wrong roof for the Sorrentino Residence.
Recommendation It is RECOMMENDED that the Board of Professional Engineers enter a final order dismissing the Administrative Complaint against Respondent. DONE AND ENTERED this 30th day of March, 2001, in Tallahassee, Leon County, Florida. ___________________________________ ROBERT E. MEALE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 30th day of March, 2001. COPIES FURNISHED: Natalie A. Lowe, Executive Director Board of Professional Engineers Department of Business and Professional Regulation 1208 Hays Street Tallahassee, Florida 32301 Hardy L. Roberts, III, General Counsel Department of Business and Professional Regulation Northwood Centre, 1940 North Monroe Street Tallahassee, Florida 32399-0792 Doug Sunshine, Esquire V.P. for Legal Affairs Florida Engineers Management Corporation 1208 Hays Street Tallahassee, Florida 32301 William H. Hollimon Ausley & McMullen Post Office Box 391 Tallahassee, Florida 32302 Brent Wadsworth Post Office Box 270118 Tampa, Florida 33688 David P. Rankin 3837 Northdale Boulevard Suite 332 Tampa, Florida 33624
Findings Of Fact At all times pertinent to the issues herein, the Respondent, Raymond E. Hirst, Jr., professional engineer, was licensed as such by the State of Florida under license number PE 0017307. Prior to March 22, 1983, the Respondent, for Mech-Mar Engineering Company, Inc., designed a storage bay and mini- warehouse project to be built by Ruth Stein Construction for William M. Kwasniki, to be located on South Babcock Street in Palm Bay, Florida. Petitioner designed the facility and signed the plans for construction on March 22, 1983. A note clearly marked on the sheet index on the upper right hand corner of the first page of the plan set reflects, "The engineer's services do not include supervision of the construction of this project." The plans consist of three sheets of drawings, each of which is sealed and signed by the Respondent. The first sheet reflects the foundation plan. The second shows the electrical riser and firewall detail, and the third reflects the elevations. On or about April 3, 1983, the contractor, Ruth Stein, submitted these plans to the City of Palm Bay building department. The plans were approved for construction by the office of the chief building official, Paul Olsen, and formed the basis for the issuance of the construction permit. Neither the engineer's specifications nor calculations were submitted and filed with the plans. However, calculations were not required by the City of Palm Bay at that time. Two amendments to the plans were filed by the Respondent on May 31, and August 10, 1983. No revised drawings were submitted, however. The drawings that were submitted by Ms. Stein, but drawn by Respondent, were used to insure that the plans conformed to standard building codes, zoning codes, etc., but were not reviewed by the city for compliance with engineering standards and no engineering analysis was done by the city on these or any other plans at that time. The need to do so was apparently recognized later, however, as such analyses are now done on a routine basis. The plans were also to be used by the city's inspection staff to compare work being done by the contractor with the plans to insure that the work conforms to them. During construction, the building being erected according to Respondent's plans, a concrete block structure, collapsed. This collapse occurred sometime prior to May 20, 1983. After the structure collapsed, the city building office again approved the plans drawn by Respondent for reconstruction. The contractor was told to clean up the site and was then allowed to rebuild. Not only the original plans but the amendments referred to above, including that dated August 10, 1983, called for partitions within the building. After rebuilding, the structure was inspected by the city and a certificate of occupancy was issued in August, 1983. No complaints have been filed regarding this construction since that time. After the collapse, an inspection of the collapse site revealed that in some areas on the west part of the structure, cells of the concrete blocks being used to form the walls had not been filled with concrete as was required by the design submitted by Respondent. In the opinion of Mr. Olsen, this defect was a fault not of the Respondent but of the contractor. No determination was made by the city as to: whether the block walls as designed by Respondent met Standard Building Code (SBC) requirements; whether the walls were supported laterally as required; whether anchorage of the roof trusses to the walls was accomplished; whether Respondent properly, or at all, designed a roof diaphragm for this project; whether the walls were adequate to meet the wind load requirements (the SBC suggests that maximum wind velocity standard is 90 mph.); whether the lentils were adequate; and whether the truss anchorage limits were satisfactory. (According to Mr. Olsen, this decision is left up to the engineer who designs the structure.) The city found, however, that a part of the reason for the collapse of this structure was that the trusses for the roof were set too soon, were not adequately braced, contained questionable materials, and wore questionably fabricated. Though the city was not critical in its analysis of Respondent's performance, the experts retained by Petitioner to evaluate his drawings were. Mr. James O. Power, who has been a registered structural engineer since 1947 did not examine the building site but is aware of the project in question. He reviewed the drawings prepared by Respondent, photos taken of the site, the investigative report, letters and correspondence from Respondent with calculations contained therein, and the Respondent's amendments to the original drawings. On the basis of this evidence, he formed an opinion as to Respondent's performance as an engineer on this project and prepared several letters on the subject dated July 6 and October 21, 1983, and January 30 and September 7, 1984, all of which constitute his opinion as to Respondent's performance. In substance he concluded that Respondent's engineering performance on this project was unsatisfactory showing basic negligence and lack of due care as well as a lack of understanding of the basic engineering requirements for the job. In his opinion, overall, the drawings lack sufficient detail. For example, they, (a) show no interior partitions (partitions were defined in an amendment to the drawing filed after the collapse); (b) show that while the southern wall has few openings, the north wall has many, (this is significant in that because of the lack of partitions, the walls must resist the winds playing upon them as vertical cantilevers); (c) show that the number 5 vertical bars in the fill cells are 12 feet apart, (to serve as reinforced masonry, they should be 4 but no more than 8 feet apart depending on the circumstances); (d) reflect a ceiling height of 14 feet whereas later drawings show a difference in elevation; (e) show that the tie beam is to be constituted of inverted masonry U-beam 16 inches deep filled with concrete and reinforcing steel without providing for any obvious way to insert the concrete within the beam; (f) failed to show with detail the strap makeup or method of connection for the hurricane straps to be used to hold down the roof trusses to the walls, (the drawings show that the strap is to loop over the truss and if the straps do not do so, the connection is weak); (g) reflect that the door height at the openings on the north and south side doors are different than the tie beam height but there is no showing of how the weight of the roof is to be distributed over the door head only 8 inches below the tie-beam (this could contribute to the collapse of the building); and (h) failed to show drawings of trusses by the Respondent. In this regard, the truss company's drawings and specifications are insufficient. Since the Respondent's drawings do not define with particularity how the trusses are to be constructed, the truss fabricator must make assumptions as to the stress and load to be applied. With regard to the pre-engineered and pre-manufactured roof trusses, Mr. Power is of the opinion that the designer, Respondent, should have: (1) stated his criteria for the design of the truss (Respondent did not do this); (2) stated the qualifications of the designer (Respondent did not do this); (3) submitted clear instructions regarding his design (Respondent's are unclear and unsatisfactory). Mr. Power also indicates that in his experience, bracing for the trusses is installed at the building site and that only the basic truss is constructed at the truss company's plant. Respondent, on the other hand, contends that the practice in Brevard County is for the building designer, as here, to give the basic specifications needed for the truss, and thereafter, the truss designer, working for the truss company, designs and builds the complete truss for delivery to the site. If Mr. Power's position is to be believed, personal supervision of the designer would be required at the site once the basic truss was delivered. Here, however, Mr. Power operates out of Miami and Petitioner has failed to show that he is familiar with the trade practice in the area involved in this dispute. Respondent's position is somewhat supported by the fact that his plans contain a disclaimer of supervision and no issue was made that this is a forbidden or unaccepted practice. Consequently, it cannot be said that Respondent's design of the trusses in this case was faulty. Mr. Power also identified several "design deficiencies" in Respondent's work. Among these were that there was no requirement for the use of reinforced masonry which is different from concrete and that Respondent's drawings provided no details or standards for the mortar or grout, the substance used to fill the holes in concrete blocks which should have a minimum slump of 8 inches. (If one tried to fill these cells from the top of a 14 foot wall, it is most likely that the cell, the hole within the blocks, would not be filled.) Further, the formulae used by Respondent in his calculations are for solid materials in the walls -- not for cinder block which was the material called for here. On the basis of the above discrepancies, it appeared to Mr. Power that Respondent did not understand the difference between the requirements for construction with concrete block and those for construction with reinforced masonry. In addition, according to Mr. Power, the reinforcing walls inserted in the design by the Respondent after the collapse of the building are of materials not permitted by the SBC. Also the SBC requires that the ratio of length to width of roof diaphragm should be no more than 4. The purpose of this is to provide support to the top of the wall so as to resist loads placed upon it by the force of wind. Here, Respondent's design has not adequately provided this reinforcement, in Mr. Power's judgment, and the design does not meet the SBC requirement. The SBC also requires designs of buildings to be constructed in the Palm Bay area to be able to withstand 90 mph winds. Mr. Power's calculations based on Respondent's plans and drawings show it is questionable that a building built pursuant to Respondent's plans would sustain 90 mph winds. The fact that the chances are only one in fifty that in any given year winds of this speed would be reached is immaterial. As to the filling of the holes (cells) in the concrete block, Mr. Power contends that it is a good practice to show in the drawing a breakout in the block at the bottom of the wall so that the builder can see that the concrete has in fact gone all the way down to the bottom as it should. Here, however, the building code does not require this to be done. Again, considering the Respondent's use of cement instead of grout to fill the cells, the Respondent followed county practice and the SBC does not specifically require the use of grout. Nonetheless, Mr. Power is of the opinion that even though Respondent's drawings indicated that he would not inspect at the site, it was unreasonable for Respondent to expect the cells to be filled since it is well known that many contractors do not inspect to insure that the cells are filled as called for. Mr. Power is also of the opinion that the lintels as described in one of the amendments to the basic drawings, though permissible for use, are inadequate to handle the indicated roof load and the drawings prepared by Respondent did not show the lintel capacity. Mr. Power contends that the SBC requires drawings to show sufficient detail to indicate the intent of the designer to allow the contractor using the drawings to conform to code standards. Admittedly, this is subjective criteria, not an objective one, as to what constitutes sufficient detail. The amendments added to the original designs helped somewhat to correct the deficiencies, but do not make them adequate. Taken as a whole, the drawings are not adequate, in the opinion of Mr. Power, to comply with the SBC. They are not adequate to pass on the designer's intent to the contractor and they are not adequate to show the designer's understanding of design elements. These errors and deficiencies described above are, in the opinion of Mr. Power, significant and not minor. Based on his analysis of the overall drawings and situation, he concluded that Respondent has not demonstrated his capability to handle this particular task which, in the opinion of Mr. power, is relatively simple. Respondent's drawings and the other documents pertinent to the project in issue here including calculations, correspondence, photos, and the investigative report, were also reviewed by Ernest C. Driver, a Florida licensed consultant engineer operating in Cairo, Georgia. Mr. Driver also reviewed Mr. Power's reports and is in complete agreement with his conclusions. He did some calculations on his own and on the basis of them, formed an opinion of Respondent's performance as an engineer on this project. He found that the reinforcing of the cinder block cells on the walls were too widely spaced at 12 foot centers instead of 4 to 8 foot centers. In addition, he did not agree with the engineering conclusions drawn by the Respondent. The calculations performed by Respondent were, in his opinion, improper and as a result, the design is over-stressed by approximately 215 percent. This came about, apparently, because Respondent designed a wall as though there were no doors in it. In addition, the way the tie beam is designed, it is impossible to get the reinforcing concrete into the "U." Further, the hurricane straps required to affix the roof trusses to the tie beam cannot be attached to the beam itself. Also, the design called for concrete block to be installed above the doors. This procedure placed as much as four times the load the lintel should carry. Mr. Driver also found that the diaphragm used by Respondent was of gypsum board which, in his opinion, is not a proper material for diaphragms. Also, according to Mr. Driver's interpretation of Respondent's plan, there is no way that the wind shear force applied to the diaphragm can be transmitted to the side wall and thence down to the earth. This is a definite deficiency and Respondent's drawings and notes are not complete enough to allow a clear determination of what is required as to materials to be used and how the work should be accomplished. Other deficiencies are seen in that the drawings show a 230 foot long building without an expansion joint. In Mr. Driver's opinion, this is far too long for construction without such a joint. In addition, the 26 foot high end wall is not addressed in the design which has no indication of how the roof is to be attached to it. Mr. Driver concurs with Mr. Power's opinion regarding the insufficiency of the plans and specifications offered by Respondent for the roof trusses in that there is no framing plan nor are there specifications identified for the trusses. Shop drawings should have been provided instead of only a cut sheet. While this witness does not know what the current Brevard County practice regarding the design and construction of trusses is, he is convinced that it is as Respondent says it is, to wit: that they are completely fabricated at the shop and delivered completed for installation to the job site, this is a poor practice. Connected to the issue of roof trusses is that regarding the metal hurricane straps which Respondent indicated his plans called for. These metal straps, which can easily be bent by hand are, in the opinion of Mr. Driver, a poor method of affixing the trusses to the tie beam. There are too many things that can go wrong such as hinging, the lack of a firm seating for the strap in the concrete, the bending of the metal, and the pulling of the affixing nails through the holes in the strap thereby resulting in no grip. In addition to his dissatisfaction with the use of concrete to fill the cells in the cinder blocks, Mr. Driver also feels that the use of concrete to fill a continuous 14 foot cell is improper. In his opinion, the drawings should call for a solid block every 4 feet and for weep holes through which compaction can be noted periodically throughout that distance. All of this should be in the engineer's notes. The notes by Respondent do not identify these areas. Even though Respondent's notes called for the 14 feet to be filled, his plans failed to provide methods to insure that complete filling was accomplished. Examination of the pictures of the wall after the collapse reveals that complete filling was not accomplished and this failure on the part of Respondent to provide a reasonably foolproof method of insuring complete compaction cannot be excused and responsibility shifted to the contractor by the mere statement by Respondent on the plans that he would not inspect. Engineering practice is made up of judgment as well as the specific formulae which can be obtained from engineering textbooks. There are assumptions which may be made -- some good and some bad. In the opinion of Mr. Driver, the defects described above indicate that Respondent's assumptions were bad. As a result, his judgment was bad. He feels that, in light of all the evidence, Respondent was negligent, failed to use due care, failed to conform to accepted engineering principles, failed to accomplish drawings sufficiently detailed to instruct the contractor as to exactly what needed to he done, and failed to provide drawings which, if followed exactly as presented, would by themselves, enable a builder to construct a safe structure. Here, based on the drawings prepared and submitted by Respondent, a builder would have to demonstrate a high and exceptional degree of expertise in order to fill in the omitted details required to make the building safe. Acceptable drawing standards are not defined with specificity in the SBC. Much is subjective rather than objective. For example, nothing in the SBC prohibits the use of gypsum board as a horizontal diaphragm, but, in the opinion of Mr. Driver, it is not common practice to use it for such. This goes to the question of judgment. In any event, the code may be erroneous in some particulars and not all answers are contained in it. It is for this reason that the law requires the use of a licensed engineer whose judgment fills in the gaps left by the code. Here all the defects identified in Respondent's drawings are within the province of an engineer. These are the items an engineer is needed for to accomplish. Here, in the opinion of Mr. Driver, there are too many defects and Respondent's work does not conform to any of the standards used in the engineering community as to schooling, information gained from working with other engineers, or the witness's personal experience. In rebuttal to the above, Respondent presented no experts of his own, but testified as to his disagreement with the analyses of Petitioner's experts. The testimony by Mr. Power and Mr. Driver is found to be accurate and descriptive of the defects in Respondent's performance. There are a few exceptions such as where local Brevard County practice differs from the experience of these experts, however, taken as a whole, the evidence clearly indicates Respondent's shortcomings for the most part. The testimony of the experts has established a series of defects in Respondent's performance which he has failed to satisfactorily rebut.
Recommendation Based on the foregoing Findings Of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that Respondent, RAYMOND HIRST, be placed on probation for one year, that he be reprimanded, and that he pay an administrative fine of $500.00. RECOMMENDED this 19th day of February, 1985 in Tallahassee, Florida. ARNOLD H. POLLOCK Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 FILED with the Clerk of the Division of Administrative Hearings this 19th day of February, 1985. COPIES FURNISHED: Carol L. Gregg, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Mr. Raymond Hirst 379 Franklyn Avenue Indiatlantic, Florida 32903 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Allen R. Smith, Jr. Board of professional Engineers Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301