Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found: At all times material to this proceeding, Respondent was a registered specialty contractor in the state of Florida with license No. RR 0049820 and qualified Marion Pump Service with the state of Florida, Department of Professional Regulation. On January 8, 1986, Dorothy Dorsey and Respondent entered into a contract whereby Respondent was to install a four- inch well and a one horsepower pump on Dorsey's property in Marion County, Florida for a contract price of $1,410.00 Respondent commenced work on the well and pump installation on January 9, 1986, but it was not clear from the record when the Respondent completed the temporary installation of the pump. Temporary installation consists of drilling the well, installing and connecting the pump to a service pole for electrical service so the building contractor can use the water during construction of the house. Permanent installation could not be completed until Dorsey's home was at a stage completion to allow permanent pipe and electrical connection to the house. At the time of entering into the contract, Respondent requested that Dorsey "pull" the permit for the well and pump installation with the Marion County Building Department. It is not clear from the record when Dorsey attempted to "pull" the permit with the Marion County Building Department, but at that time she was informed by someone in the Marion County Building Department that the contractor would have to "pull" the permit. Again, it is not clear from the record when, or if, the Respondent was advised by Dorsey that he would have to "pull" the permit. Dorsey attempted to contact the Respondent by telephone concerning this matter, but Respondent did not return her telephone call. Apparently, the Respondent had completed the temporary installation at this time and was not at the job site. Upon Dorsey's home being completed, Dorsey was unable to get a Certificate of Occupancy (CO) from the Marion County Building Department because no permit had been issued and no final inspection called for or made. Being unable to get any response from the Respondent, Dorsey obtained a permit through Armstrong Well Service. Permanent connections to the home were made and a final inspection made, resulting in a CO being issued sometime around September 9, 1986. There was no evidence that Respondent's action in this regard resulted in any substantial delay to Dorsey obtaining a CO. Marion County's ordinance number 85-8, duly enacted on June 25, 1985, requires that the "contractor and/or owner" apply for and be issued a permit before well construction or pump installation, unless the State requires a permit, in which case proof that such permit has been issued exempts the applicant from this provision of the ordinance. This ordinance was in effect at all times material hereto. Ordinance 85-8 provides for doubling the permit fee as a penalty for failure to obtain the permit prior to commencing the well and pump installation. At all times material hereto, the water management district covering Marion County, Florida, the agency usually responsible for well permits, did not require a permit in the section of Marion County where Dorsey's home was located. It was Respondent's understanding of the ordinance that a permit was not required until the final inspection. There was no evidence that any inspection other than the final inspection was required by the Marion County Building Department for well construction and pump installation.
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 the Board enter a Final Order DISMISSING the Administrative Complaint filed herein against the Respondent, Johnny Lee Bryant. RESPECTFULLY submitted and entered this 15th day of September, 1988, in Tallahassee, Leon County, Florida. WILLIAM R. CAVE 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 15th day of September, 1988. COPIES FURNISHED: Fred Seely Executive Director Construction Industry Licensing Board Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 David E. Bryant, Esquire Jonathan M. Deer, Esquire 220 East Madison Street, Suite 530 Tampa, Florida 33602 Johnny Lee Bryant, Pro Se Post Office Box 600 Silver Springs, Florida 32688
The Issue Whether Respondent's license as a registered electrical contractor should be suspended or revoked, or the licensee otherwise disciplined, for alleged violations of Chapter 489, Florida Statutes, as set forth in Administrative Complaint, dated July 6, 1982 This case was consolidated for hearing with Department of Professional Regulation, Construction Industry Licensing Board v. Raymon E. Johnson, DOAH Case No. 82-2393, pursuant to Rule 28-5.106, Florida Administrative Code. Respondent appeared at the hearing without legal counsel and, after being advised by the Hearing Officer as to his rights to counsel and as to procedures involved in an administrative proceeding, acknowledged that he understood such rights and elected to represent himself. At the commencement of the hearing, Petitioner moved to amend paragraph 1 of the Administrative Complaint to correct a scrivener's error to delete the words "certified residential contractor" and substitute therefor "registered electrical contractor." Respondent did not object to the amendment and it was therefore granted. This proceeding involves allegations by Petitioner that Respondent constructed several residences in Sarasota, Florida from 1979 to 1981 without subcontracting electrical work on the said residences, as required by Sarasota, Florida, in violation of pertinent provisions of Chapter 489, Florida Statutes, and that he further practiced contracting in a county where he was not properly registered, and on an inactive registration, also in violation of Chapter 489, Florida Statutes. Petitioner presented the testimony of four witnesses at the hearing, and submitted nine exhibits in evidence. Respondent testified in his own behalf and submitted three exhibits.
Findings Of Fact Respondent Raymon E. Johnson is a certified residential contractor and was so licensed at all times material to the matters alleged in the Administrative Complaint. He was also registered by the Electrical Contractors' Licensing Board as an electrical contractor on April 9, 1979, but such license was not renewed and became delinquent on July 1, 1980. During the valid licensing period, he was registered to perform contracting in Gainesville, Florida and Alachua County. (Stipulation, Petitioner's Exhibit 1). At an undisclosed date, Respondent, a resident of Gainesville, Florida, purchased a lot at 505 South Shore Drive, Sarasota, Florida. On November 30, 1979, Respondent applied to the Building Construction Department of Sarasota County for an owner's building permit to construct a residence on the lot, and the permit was issued on December 14, 1979. The application and permit form provided that if the applicant did not possess a contractor's license and was constructing a single family residence on his land, such structure could not be offered for sale or sold during the valid existence of the current building permit, and that all contracted services must be with licensed contractors. Respondent completed construction of a residence on the property in the spring of 1980, and sold it on or about May 10, 1980. During construction of the house, Respondent had placed a sign on the property which stated "Custom Homes by Ray Johnson." Respondent constructed the home himself and did not subcontract any of the work. (Testimony of Respondent, Petitioner's Exhibits 2, 4, 8) In 1980, Respondent purchased a lot at 3625 Beneva Oaks Boulevard, Sarasota, Florida, and obtained an owner's building permit from Sarasota County on August 7, 1980, to construct a residence there. During construction, Respondent had a "For Sale" sign on the premises. Officials of the Sarasota County Building Construction Department informed him that he would have to take the sign down, and he did, until receiving the certificate of occupancy in early 1981 when he again placed the sign on the property. Respondent sold the house on August 8, 1981. The permit issued for construction contained the same prohibition against offering the property for sale or selling it during the existence of the building permit. Respondent constructed the house himself and did not utilize subcontractors. (Testimony of Respondent, Hayek, Taylor, Petitioner's Exhibits 2-3, 6, 9) On February 2, 1981, Harry W. Mathley obtained an owner's building permit from the Sarasota County Building Construction Department to construct a residence at 3759 Beneva Oaks Boulevard, Sarasota, Florida. Mathley entered into an oral contract with Respondent to perform the framing, electrical and plumbing work on the house. At the time, Respondent told Mathley that he was not licensed in Sarasota County to perform electrical and plumbing work. Mathley paid Respondent a lump sum for the electrical materials and work. Mathley paid for a portion of the plumbing fixtures himself, and paid Respondent a lump sum for the remainder of the fixtures and for the plumbing work. Mathley indicated on a county Subcontractors Verification Form, prior to issuance of the building permit, that he would perform the electrical and plumbing subcontracting himself. During the course of construction, Mathley permitted Respondent to place a sign "Custom Homes by Ray Johnson" on the property to help him get business. Officials of the County Building Department placed a stop order on the premises on May 11, 1981, which recited that the reason for such notice was that subcontractors were not licensed. Respondent went to the Building Department where the supervisor of licensing explained to him that his sign did not correspond to the owner's building permit taken out by Mathley. Respondent performed the electrical and plumbing work as provided in the oral contract. (Testimony of Hayek, Mathley, Respondent, Petitioner's Exhibits 2, 6, Respondent's Exhibit l.) On March 6, 1981, Robert L. Rogers obtained an owner building permit from the Sarasota County Building Construction Department to construct a residence at 3735 Beneva Oaks Boulevard, Sarasota, Florida. On the Subcontractors Verification Form which was completed prior to obtaining the building permit, Rogers stated that the electrical and plumbing work was to be performed by himself as owner. He entered into an oral contract with Respondent to do the framing, electrical and plumbing portions of the house and paid him in a lump sum for this work. Respondent advised him that he was not licensed to perform electrical and plumbing contracting in Sarasota, but was qualified in another county. Respondent performed the electrical and plumbing work as provided in the oral contract. (Testimony of Rogers, Respondent, Petitioner's Exhibit 2, Respondent's Exhibit 2) Section 113.1 of Sarasota County Ordinance No. 80-90 makes it unlawful for any person to do any construction work in the various trades, including electrical and plumbing, unless he holds an active Sarasota County Operating Certificate, in addition to an applicable Sarasota County Certificate of Competency and State of Florida Registration, or a valid certification by the Florida Construction Industry Licensing Board. The ordinance further provides in that section that no person who is to perform all construction work on his own building is required to hold an operating certificate, provided that the building is for his own single family residence and the required permit is issued. It further provides that the hiring out by "day labor" in order to avoid operating certificate requirements shall be deemed a violation of the ordinance. Section 106.3(c) of the ordinance provides that all work contracted for under a construction permit shall be performed by contractors holding operating certificates for the particular trade involved. Respondent did not hold an operating permit or certificate of competency from Sarasota County at the time he did the work on the residences of Mathley and Rogers. (Testimony of Hayek, Petitioner's Exhibit 5) Respondent testified at the hearing that he had originally intended to build the residences at 505 South Shore Drive and at 3625 Beneva Oaks Boulevard as personal residences and to move his family from Gainesville to Sarasota when his daughter completed high school in the spring of 1981, but that he was unable to do so because of financial difficulties involving unsold houses in Gainesville. However, he conceded that "Well, I am a builder. Any house that I build is for sale." He further testified that he has resided for several days a week in the residence at 3625 Beneva Oaks Boulevard from the period after it was completed until it was sold. (Testimony of Respondent, Respondent's Composite Exhibit 3)
Recommendation That the Electrical Contractors' Licensing Board impose an administrative fine of $500.00 on Respondent Raymon E. Johnson. DONE AND ENTERED this 2nd day of December, 1982, in Tallahassee, Florida. THOMAS C. OLDHAM 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 2nd day of December, 1982. COPIES FURNISHED: John O. Williams, Esquire Allen R. Smith, Jr. Department of Professional Executive Director Regulation Board of Electrical Contractors 547 North Monroe Street 130 North Monroe Street Suite 204 Tallahassee, Florida 32301 Tallahassee, Florida 32301 Samuel R. Shorstein, Secretary Raymon E. Johnson Department of Professional Post Office Box 13981 Regulation Gainesville, Florida 32604 130 North Monroe Street Tallahassee, Florida 32301
The Issue Whether Petitioner is entitled to be certified by endorsement as a standard building inspector.
Findings Of Fact Respondent is the agency of the State of Florida that certifies standard building inspectors pursuant to the provisions of Part XII of Chapter 468, Florida Statutes (consisting of Sections 468.601 - 468.633). By application dated November 7, 1996, Petitioner applied for certification as a building inspector. This application contemplated that Petitioner would sit for the certification examination. Respondent determined that Petitioner was qualified to sit for the Principles and Practice portion and the Technical portion of the certification examination. Petitioner did not achieve a passing score on the certification examination. Consequently, his application for certification was rejected. By application dated December 22, 1997, Petitioner applied for certification as a building inspector without having to take the licensure examination. This was properly construed by Respondent to be an application for certification by endorsement. Petitioner requested Respondent to waive the certification examination pursuant to the provisions of Section 468.613, Florida Statutes, which provide as follows: The board shall examine other certification of training programs, as applicable, upon submission to the board for the consideration of an application for certification by endorsement. The board shall waive its examination, qualification, education, or training requirements to the extent that such examination, qualification, education, or training requirements are determined by the board to be comparable with those established by the board. By his application dated December 29, 1997, Petitioner sought certification based upon his qualifications1 and upon what his counsel referred to as "substantially equivalent" exams. The "substantially equivalent" exams to which counsel for Petitioner referred were to the examinations Petitioner passed in order to be licensed as a general contractor and as a roofing contractor. Petitioner's application reflects that he passed licensure examinations during 1983 in Broward County and in Dade County in the general contractor category. Petitioner passed a similar examination in Palm Beach County, Florida, in 1986. Part XII of Chapter 468, Florida Statutes, was created by Chapter 93-166, Laws of Florida. Prior to 1993, there was no state-wide certification of building inspectors. There was no evidence as to the contents of the examinations Petitioner passed in 1983 and 1986, and there was no evidence as to the contents of the certification examination administered by Respondent to candidates for certification as building inspectors. Consequently, there is no basis upon which a comparison of these examinations can be made.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner's application for certification by endorsement be denied. DONE AND ENTERED this 21st day of April, 1999, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON 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 21st day of April, 1999.
The Issue Whether Respondent's license as a certified residential contractor should he suspended or revoked, or the licensee otherwise disciplined, for alleged violations of Chapter 489, Florida Statutes, as set forth in Administrative Complaint, dated July 12, 1982. This case was consolidated for hearing with Department of Professional Regulation, Electrical Contractors' Licensing Board v. Raymon E. Johnson, DOAH Case No. 82-2394, pursuant to Rule 28-5.106, Florida Administrative Code. Respondent appeared at the hearing without legal counsel and, after being advised by the Hearing Officer as to his rights to counsel and as to procedures involved in an administrative proceeding, acknowledged that he understood such rights and elected to represent himself. At the commencement of the hearing, Petitioner moved to amend paragraphs 6, 11, 16 and 19 of the Administrative Complaint to correct a typographical error by changing the statutory provision allegedly violated from Section 489.129(1)(c) to 409.129(1)(d) , Florida Statutes. Respondent did not object to the amendment and it was therefore granted. This proceeding involves allegations by Petitioner that Respondent constructed several residences in Sarasota, Florida from 1979 to 1981 without subcontracting electrical, mechanical, and plumbing portions of the buildings in violation of pertinent pro- visions of Chapter 489, Florida Statutes, and that he further practiced electrical contracting with an inactive license and in a county where he was not properly registered, also in violation of Chapter 489, F.S. Petitioner presented the testimony of four witnesses at the hearing, and submitted nine exhibits in evidence. Respondent testified in his own behalf and submitted three exhibits.
Findings Of Fact Respondent Raymon E. Johnson is a certified residential contractor and was so licensed at all times material to the matters alleged in the Administrative Complaint. He was also registered by the Electrical Contractors' Licensing Board as an electrical contractor on April 9, 1979, but such license was not renewed and became delinquent on July 1, 1980. During the valid licensing period, he was registered to perform contracting in Gainesville, Florida and Alachua County. (Stipulation, Petitioner's Exhibit 1) At an undisclosed date, Respondent, a resident of Gainesville, Florida, purchased a lot at 505 South Shore Drive, Sarasota, Florida. On November 30, 1979, Respondent applied to the Building Construction Department of Sarasota County for an owner's building permit to construct a residence on the lot, and the permit was issued on December 14, 1979. The application and permit form provided that if the applicant did not possess a contractor's license and was constructing a single family residence on his land, such structure could not be offered for sale or sold during the valid existence of the current building permit, and that all contracted services must be with licensed contractors. Respondent completed construction of a residence on the property in the spring of 1980, and sold it on or about May 10, 1980. During construction of the house, Respondent had placed a sign on the property which stated "Custom Homes by Ray Johnson." Respondent constructed the home himself and did not subcontract any of the work. (Testimony of Respondent, Petitioner's Exhibits 2, 4, 8) In 1980, Respondent purchased a lot at 3625 Beneva Oaks Boulevard, Sarasota, Florida, and obtained an owner's building permit from Sarasota County on August 7, 1980, to construct a residence there. During construction, Respondent had a "For Sale" sign on the premises. Officials of the Sarasota County Building Construction Department informed him that he would have to take the sign down, and he did, until receiving the certificate of occupancy in early 1981 when he again placed the sign on the property. Respondent sold the house on August 8; 1981. The permit issued for construction contained the same prohibition against offering the property for sale or selling it during the existence of the building permit. Respondent constructed the house himself and did not utilize subcontractors. (Testimony of Respondent, Hayek, Taylor, Petitioner's Exhibits 2-3, 6, 9) On February 2, 1981, Harry W. Mathley obtained an owner's building permit from the Sarasota County Building Construction Department to construct a residence at 3759 Beneva Oaks Boulevard, Sarasota, Florida. Mathley entered into an oral contract with Respondent to perform the framing, electrical and plumbing work on the house. At the time, Respondent told Mathley that he was not licensed in Sarasota County to perform electrical and plumbing work. Mathley paid Respondent a lump sum for the electrical materials and work. Mathley paid for a portion of the plumbing fixtures himself, and paid Respondent a lump sum for the remainder of the fixtures and for the plumbing work. Mathley indicated on a county Subcontractors Verification Form1 prior to issuance of the building permit, that he would perform the electrical and plumbing subcontracting himself. During the course of construction, Mathley permitted Respondent to place a sign "Custom Homes by Ray Johnson" on the property to help him get business. Officials of the County Building Department placed a stop order on the premises on May 11, 1981, which recited that the reason for such notice was that subcontractors were not licensed. Respondent went to the Building Department where the supervisor of licensing explained to him that his sign did not correspond to the owner's building permit taken out by Mathley. Respondent performed the electrical and plumbing work as provided in the oral contract. (Testimony of Hayek, Mathley, Respondent, Petitioner's Exhibits 2, 6, Respondent's Exhibit 1.) On March 6, 1981, Robert L. Rogers obtained an owner's building permit from the Sarasota County Building Construction Department to construct a residence at 3735 Beneva Oaks Boulevard, Sarasota, Florida. On the Subcontractors Verification Form which was completed prior to obtaining the building permit, Rogers stated that the electrical and plumbing work was to be performed by himself as owner. He entered into an oral contract with Respondent to do the framing, electrical and plumbing portions of the house and paid him in a lump sum for this work. Respondent advised him that he was not licensed to perform electrical and plumbing contracting in Sarasota, but was qualified in another county. Respondent performed the electrical and plumbing work as provided in the oral contract. (Testimony of Rogers, Respondent, Petitioner's Exhibit 2, Respondent's Exhibit 2) Section 113.1 of Sarasota County Ordinance No. 80-90 makes it unlawful for any person to do any construction work in the various trades, including electrical and plumbing, unless he holds an active Sarasota County Operating Certificate, in addition to an applicable Sarasota County Certificate of Competency and State of Florida Registration, or a valid certification by the Florida Construction Industry Licensing Board. The ordinance further provides in that section that no person who is to perform all construction work on his own building is required to hold an operating certificate, provided that the building is for his own single family residence and the required permit is issued. It further provides that the hiring out by "day labor" in order to avoid operating certificate requirements shall be deemed a violation of the ordinance. Section 106.3(c) of the ordinance provides that all work contracted for under a construction permit shall be performed by contractors holding operating certificates for the particular trade involved. Respondent did not hold an operating permit or certificate of competency from Sarasota County at the time he did the work on the residences of Mathley and Rogers. (Testimony of Hayek, Petitioner's Exhibit 5) Respondent testified at the hearing that he had originally intended to build the residences at 505 South Shore Drive and at 3625 Beneva Oaks Boulevard as personal residences and to move his family from Gainesville to Sarasota when his daughter completed high school in the spring of 1981, but that he was unable to do so because of financial difficulties involving unsold houses in Gainesville. However, he conceded that "Well, I am a builder. Any house that I build is for sale." He further testified chat he had resided for several days a week in the residence at 3625 Beneva Oaks Boulevard from the period after it was completed until it was sold. (Testimony of Respondent, Respondent's Composite Exhibit 3)
Recommendation That the Construction Industry Licensing Board suspend he license of Respondent Raymon E. Johnson as a certified residential contractor for a period of three (3) months. DONE AND ENTERED this 2nd day of December, 1982, in Tallahassee, Florida. THOMAS C. OLDHAM 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 2nd day of December, 1982. COPIES FURNISHED: John O. Williams, Esquire Department of Professional Regulation 547 North Monroe Street, Suite 204 Tallahassee, Florida 32301 Raymon E. Johnson P. O. Box 13981 Gainesville, Florida 32604 James Linnan, Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32202 Samuel Shorstein, 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, vs. CASE NO. 0015275 DOAH CASE NO. 82-2393 RAYMON E. JOHNSON CR C004461 612 101ST Street Gainesville, Florida 32604 Respondent. /
The Issue Whether the Respondent committed the violation alleged and, if so, what penalty should be imposed.
Findings Of Fact The Petitioner is the state agency charged with the responsibility of regulating building code administrators and inspectors. At all times material to the allegations of this case, the Respondent was either an applicant for licensure or held a building inspector license, license number BN 0002765. At all times material to this case, the Respondent was employed by the Martin County Building Department as a Building Inspector. Harriet R. Edwards owns a residence located at 2595 Hickory Avenue, Jensen Beach, Florida. This home is located in Martin County, Florida. At some point in early 1996, it became Ms. Edwards' desire to construct an addition to her residence. She retained a contractor to perform the work and returned to Ohio during the time of the construction. When Ms. Edwards returned to Florida she was dissatisfied with the quality of the work. Mr. Joyce, Ms. Edwards' friend, expressed that they had expressed a desire for, and requested only, a high quality of work for the addition to Ms. Edwards' home. Upon investigation it was discovered that the permit card located at the construction site had been initialed by the Respondent. All of the inspections listed on the permit card occurred prior to December 17, 1996. The Respondent was issued a provisional license to perform building inspections on or about December 17, 1996. All of the inspections initialed by the Respondent had been performed by another inspector employed by the Martin County Building Department, Bobby T. Chambers. Mr. Chambers was fully licensed at the times of the inspections and acted as the Respondent's training supervisor. The Respondent accompanied Mr. Chambers during a training period during which time Mr. Chambers was to instruct the Respondent in the procedures and practices of the Martin County Building Department. At all times material to the allegations of this complaint, the Martin County Building Department allowed unlicensed employees to assist its inspectors at construction sites. Such employees were authorized to initial permit cards and to radio to the main office the information regarding inspections performed at the job sites. Because of this informal and haphazard reporting system the official records maintained by the County falsely reflected that the Respondent had performed the inspections listed in this Administrative Complaint. He did not. The records were maintained inaccurately. By initialing the permit card and transmitting the information to the County, the Respondent was performing his duties as an employee-in-training and as directed by his supervisors. The Respondent did not intend to mislead officials and did not intend to file a false report required by law. As a result of the flawed training system used by the Martin County Building Department, this Respondent initialed permit documents prior to licensure.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation, Building Code Administrators and Inspectors Board, enter a final order dismissing the Administrative Complaint against this Respondent. DONE AND ENTERED this 23rd day of October, 2000, in Tallahassee, Leon County, Florida. J. D. Parrish 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 23rd day of October, 2000. COPIES FURNISHED: Dorota Trzeciecka, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399 Michael A. Rodriguez, Esquire County Attorney's Office 2401 Southeast Monterey Road Stuart, Florida 34996 Leif Grazi, Esquire LAW OFFICES OF GRAZI & GIANINO, P.A. 217 East Ocean Boulevard Stuart, Florida 34995 Anthony B. Spivey, Executive Director Building Code Administrators and Inspectors Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Barbara D. Auger, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue The issues presented in this action are based upon an administrative complaint from the State of Florida, Department of Professional Regulation against Milton T. Warren. Through the administrative complaint, Respondent is charged with violation of Section 489.129(1)(d), Florida Statutes, in that he willfully or deliberately disregarded and violated applicable building codes in the course of his involvement with a project in Palatka, Florida known as the Ginn job. In particular, Respondent is accused of continuing to work on the project with disregard for a notice of correction left at the job site and that he covered unapproved work in that he removed a stop work order at the job site without prior authorization. The specific references to local building codes by citation shall be made in the conclusions of law.
Findings Of Fact Milton T. Warren is a registered general contractor licensed by the Florida Construction Industry Licensing Board, license number RG 0029984. Respondent made a contract with J. A. Ginn to construct an addition to the Ginn residence which is located at Herja Acre Lane in Palatka, Putnam County, Florida. To construct the project, Respondent obtained a building permit from the Putnam County Building-Zoning and Inspections Department. That permit was obtained on August 24, 1982. A request was made for an inspection related to framing involved in the Ginn project. That inspection was conducted by the Putnam County Building Department in the person of Richard F. Richter, Chief Building Inspector, Putnam County. The date of the inspection was September 21, 1982. At the time of the inspection, Richter felt the header over the exterior door in the utility room addition which was being attached to the sides of the residence was not sufficient. This door is depicted in a photograph, Petitioner's Exhibit 4 admitted into evidence. In addition, Richter did not feel that the extensions to the existing joists in the roof at the residence by nailing additional length to the joists at each individual member was in keeping with the requirements of the Southern Building Code. These joists constituted structural framing for the roof. At all times relevant, the Southern Building Code had application in keeping with a Putnam County Ordinance, No. 73-6. These joist extensions are depicted in Petitioner's Exhibit 5 admitted into evidence which is a photograph taken at the time of the inspection of September 21, 1982. Richter felt that any splicing that would be allowed must be done over a load-bearing wall and as depicted in Petitioner's Exhibit 5, the splicing was not done over a load-bearing wall. At the time this inspection occurred, the project had been dried in but the interior sheetrock had not been placed in the area of the joist extensions or on the walls of the utility area. Having discovered what he perceived to be deficiencies related to framing, Richter left a notice of correction attached to a tree which is shown in Petitioner's Exhibit 4 and is immediately adjacent to the outside door in the utility area. A copy of that notice of correction may be found as part of composite Exhibit 1 admitted into evidence as attachment 3 to that Exhibit. It stated that "corrections required before proceeding or covering this work: change header over door . . . see bldg. inspector regarding spliced ceiling rafters." The notice also indicated a phone number to call when corrections had been effected. The notice did not otherwise state how to solve the problem with the matters of joists. On the same date as the inspection was made, the Respondent received the correction notice from one of his workers on the Ginn job. In an effort to comply with the instructions set out on the correction notice, he tried to contact the Building Department to discuss the concerns expressed by the inspector. He was unsuccessful in this effort. At the time that Respondent was made aware of the correction notice, the work had not been covered up inside the building related to the placement of sheetrock on walls and ceiling. The work was covered in on the following day per the instruction of Respondent to his employee to place the sheetrock. His remarks to the employee at that time was that the ceiling joists were adequate. The sheetrock was placed prior to any conversation between Respondent and the building department of Putnam County reference concerns about the ceiling joists. On October 5, 1982, Robert H. Boone, Electrical Inspector for Putnam County, went to the Ginn property to ascertain the status of matters related to the correction notice, in view of the fact that Richter had not heard from Respondent about items set forth in the correction notice. The request that Boone check the job site was made by Richter. When Boone arrived at the job site, he discovered that the ceiling joists had been covered in with sheetrock. He then called and spoke with a Mr. Michaels, who was the Building Code Administrator in Putnam County at that time. In keeping with Michaels' instruction a stop work order was posted on the same tree as was discussed in the details related to the correction notice. That stop work order informed the contractor on the job not to proceed with any further work before contacting Putnam County building officials. It also contained an admonition not to remove the stop work order. At that time the work was approximately 98 percent complete. On October 5, 1982, Respondent became aware of the stop work order and took down that stop work sign from its placement on the tree. No effort at compliance with the stop work order was made, the job having been substantially completed. Respondent attempted to contact the building department regarding the stop work order, but was unsuccessful. Subsequent to October 5, 1982, Richter, by correspondence dated October 21, 1982, wrote to William J. Tangye, P.E., Executive Director of Southern Building Code Congress International, to obtain an opinion about the acceptability of splicing of joists over other than a load-bearing wall. That correspondence contained a sketch supplied by Respondent related to the joist circumstance. The query to the Southern Building Code official was one of whether splicing was in accordance with requirements of Southern Building Code and good construction practices, related to approval of the project by the building inspector. A copy of this letter may be found as Petitioner's Exhibit 6, admitted into evidence. The letter was answered by Tangye, and a copy of that correspondence may be found as Petitioner's Exhibit 7, admitted into evidence. Tangye did not feel that the construction was in compliance with the Southern Building Code requirements and recommended the submission of additional data to establish the ability of the roofs to provide necessary continuity. The project was later accepted by Putnam County based upon an engineering report vouching for the propriety of Respondent's choice to splice the joists other than over a load-bearing wall. At the time Respondent determined on September 21, 1982, to cover in the joist members, he felt that the joist was sufficiently constructed to comply with requirements for inspection. Ultimately, his work was accepted by the Putnam County Building Department. Respondent claims that on September 21, 1982, upon examining the correction notice, that the statement to see the building inspector about the spliced ceiling rafters was not a statement of disapproval. That perception on the part of Respondent is not accepted. It is found that the correction notice clearly contemplated that Respondent should contact the Putnam County Building Department before covering the joists by the placement of sheetrock, and Respondent willfully disregarded this indication that the spliced ceiling rafters had not been approved and proceeded to cover that work without the necessary approval from the Putnam County Building Department.
Recommendation Based upon a full consideration of the facts found and the conclusions of law reached, it is RECOMMENDED that a final order be entered which imposes an administrative find of one thousand dollars ($1,000). DONE AND ENTERED this 21st day of November 1983 at Tallahassee, Florida. CHARLES C. ADAMS Hearing Officer Division of Administrative Hearings Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 21st day of November 1983. COPIES FURNISHED: Douglas H. Shropshire, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Tim Keyser, Esquire Post Office Box 92 Interlachen, Florida 32048 James Linnan, Executive Director Construction Industry Licensing Board Department of Professional Regulation Post Office Box 2 Jacksonville, Florida 32202 Fred M. Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact Respondent, Albert J. Ruocco, is licensed as a registered building contractor in the State of Florida, holding license number RB00030112. His last address in the Department's file is 604 Citrus Court, Melbourne Beach, Florida 32951. Sometime prior to the date of the administrative complaint, the Department received a complaint from Mrs. Dale Normington that Ruocco told her he had obtained a termite treatment for the addition he constructed on her home, but that no treatment was done. DPR investigator, John Allen, told Mrs. Normington to send her back-up information. John Allen received in the mail a copy of the purported contract between the Normingtons and Rivers Edge Construction Company, Inc., Ruocco's Company. He also received a series of cancelled checks and a copy of a letter purportedly sent by the Normingtons to Albert Ruocco. John Allen checked the Department's licensing files and obtained the licensing information on Ruocco. He also personally served the Administrative Complaint on Ruocco, but did not, to the best of his recollection, discuss the complaint with him or have any other contact with him. Ruocco never responded to any investigative correspondence. Douglas Vanderpoest, owner of Slug-A-Bug, a pest control company, established that his company never treated the addition to the Normington resident. Brevard County Building Inspector, Howard Stott, knows Albert Ruocco and is familiar with the addition Ruocco installed for the Normingtons in 1985. A permit was obtained and Stott performed three inspections, including the slab, pre-lath and final on the addition. Brevard County requires evidence of termite treatment of soil for any new construction or modifications to an existing structure. The practice is usually for the inspector to require a receipt or evidence of treatment prior to approving the slab. Stott does not remember whether he required the evidence on the Normington job. The permit in those days did not have a space to indicate the termite treatment. However, Stott did approve the slab, as noted on the permit.
Recommendation Based on the foregoing, it is, hereby RECOMMENDED: That the Administrative Complaint dated November 2, 1987, be dismissed. DONE and RECOMMENDED this 20th day of May, 1988, in Tallahassee, Florida. MARY CLARK 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 20th day of May, 1988. COPIES FURNISHED: David E. Bryant, Esquire Bryant, Reeves & Deer 220 East Madison Street Suite 530 Tampa, Florida 33602 Albert J. Ruocco 604 Citrus Court Melbourne Beach, Florida 32951 Fred Seely, Executive Director Construction Industry Licensing Board Department of Professional Regulation Post Office Box 2 Jacksonville, Florida 32201 William O'Neil General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
