The Issue Whether the Respondent, Peter Battle, committed the offenses alleged in the Administrative Complaint and, if so, what discipline should be imposed against his roofing contractor's license.
Findings Of Fact At all times pertinent to this proceeding, Respondent, Peter Battle, was a certified roofing contractor having been issued License No. C-1959 and was the certified contractor for Battle Roofing Company. On September 18, 1996, the Town of Redington Beach approved and issued a roofing permit to Battle Roofing Co. to replace the roof of a house located a 16215 Second Street, East, Redington Beach, Florida. In Redington Beach, inspections of construction sites are conducted only in the following instances: (1) upon request by the property owner or the contractor working at the site; (2) to determine if a proper permit has been secured for the work being performed; or (3) when apparent violations of the Standard Building Code can be viewed by local code enforcement personnel from the street or right-of-way adjacent to the site where work is being performed. On October 16, 1996, while driving on the street adjacent to the site of the roofing project, William Keeley, Building Code Administrator for the Town of Redington Beach, observed the roofing system being installed by Respondent. At that time, it was apparent to Mr. Keeley that the roof being installed by Respondent was a low-sloped roof. Moreover, it appeared to Mr. Keeley that the low-sloped roof being installed by Respondent had single-ply base sheets. Because the Standard Building Code, required double-ply base sheets for a low sloped roof, Mr. Keeley went on the property to inspect the roofing project. As a result of the inspection, Mr. Keeley determined two violations of the Standard Building Code; detailed the code violations on a written rejection notice; and posted the rejection notice at the site. The rejection notice indicated that Respondent (1) failed to use two-ply base sheets as required by Section 1509.4.21 of the Standard Building Code and (2) failed to use six nails or fasteners per shingle as required by Section 1509.3.5 of the Standard Building Code. On October 16, 1996, Mr. Keeley met and discussed with Respondent the violations of the Standard Building Code that Mr. Keeley's inspection had revealed. Furthermore, Mr. Keeley informed Respondent that the deficiencies must be corrected and brought into compliance with the applicable provisions of the Standard Building Code. Another inspection of the roof of the Redington Beach house was performed by Mr. Keeley on March 4, 1997. At that time, it was determined that the violations cited on the rejection notice issued on October 16, 1997, had not yet been corrected. Moreover, the March 4, 1997, inspection of the subject roofing project revealed several other deficiencies and violations of the Standard Building Code. These deficiencies included the following: (1) The rakes were not nailed and cemented as required by Section 1509.4.2.3 of the Standard Building Code; (2) The valley lining was not cemented and was only 14 inches wide in violation of Section 1509.14.3.2 of the Standard Building Code; (3) One shingle on the north and south rakes was short and tabs were missing; (4) The lap at the tie into the porch roof was not cemented as required due to the house being located in a high wind area; and (5) The area on south side of house where soffit and fascia meet was not sealed and secured. On or about March 7, 1997, Mr. Keeley filed a formal complaint with the Pinellas County Construction Licensing Board against Respondent. As a basis therefore, Mr. Keeley cited the deficiencies noted in paragraphs 5 and 8 above. A third inspection of the roofing project was conducted by Mr. Keeley on August 1, 1997. This inspection revealed that only one of the previously noted deficiencies was corrected to comply with the Standard Building Code. The corrected deficiency involved the lap at the tie into the porch roof which previously had not been cemented. Other deficient areas noted in the October 1996 and March 1997 inspections were still in noncompliance with the Standard Building Code at the August 1997 inspection. There is no evidence that Respondent's license as a roofing contractor has been subjected to disciplinary action on any prior occasion by Petitioner.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Pinellas County Construction Licensing Board enter a Final Order that finds that: Respondent, Peter Battle, committed the offense alleged in Count One of the Administrative Complaint, violated Chapter 89-504, Section 24(2)(d) and (j), Laws of Florida, and which imposes an administrative fine of $300 for this violation. Respondent violated Chapter 89-504, Section 24(2)(m), Laws of Florida, is guilty of incompetence as alleged in Count Two of the Administrative Complaint, and which imposes an administrative fine of $300 for this violation. DONE AND ENTERED this 22nd day of October, 1997, in Tallahassee, Leon County, Florida. COPIES FURNISHED: _ CAROLYN S. HOLIFIELD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of October, 1997. William J. Owens, Executive Director Pinellas County Construction Licensing Board 11701 Belcher Road, Suite 102 Largo, Florida 34643-5116 Peter Battle, pro se 1090 Sixty-Fourth Avenue, South St. Petersburg, Florida 33705 Howard Bernstein, Esquire County Attorney's Office 315 Court Street Clearwater, Florida 34616
The Issue The issue is whether Respondent's license as a registered building contractor should be disciplined for the acts alleged in the Administrative Complaint, as amended?
Findings Of Fact Respondent, Robert Tucker, is a registered building contractor holding State of Florida license number RB 0033063 (Ex. 7). Respondent was licensed as a building contractor by the State of Florida in September 1978, and has remained licensed at all times material hereto (Ex. 7). Since September 20, 1978, Respondent has held a local Building Contractor's License issued by the Leon County Contractor Licensing and Examination Board (Ex. 7). Respondent's license with the Department has been delinquent since July 1, 1985 (Ex. 7). In July 1983, Respondent made an oral agreement with Violet Gladieux to erect a carport for her at a cost of $1,350 (Ex. 3). Ms. Gladieux's residence is located at 2321 Belle Vue Way, within the city limits of Tallahassee. Jay Gladieux, Jr. became acquainted with Mr. Tucker from his position as an employee of Mr. Tucker on a prior construction project. Mr. Gladieux introduced his mother, Ms. Gladieux, to Mr. Tucker for the carport construction. It was orally agreed that Ms. Gladieux would pay Mr. Tucker for supplies as they were needed. Mr. Tucker began erection of the carport approximately one week after July 11, 1983, when he received the first payment of $300. On July 29, 1983, Mr. Tucker received final payment of $350 so that he could complete the carport (Ex. 3). Approximately two weeks after July 29, 1983, Respondent completed the carport. A permit for the erection of the carport was required by Section 7-63, Buildings and Construction Regulations (The Building Code) of the City of Tallahassee. The language of that ordinance has not changed since 1957 (Ex. 1). No building permit was ever obtained by Mr. Tucker for erection of the carport. Approximately two weeks after completion of the carport, it collapsed after a heavy rainfall (Ex. 4 and 5). Mr. Tucker returned to repair the damaged carport. He erected center studs and was to return later to complete the damage repair. Mr. Tucker has failed to return to complete the damage repair after requested to do so by Jay Gladieux. When an administrative complaint has been filed against a contractor, personal service of the complaint is attempted upon the contractor at his last address of record. If personal service cannot be effectuated at the contractor's last address of record, further attempts are made to locate the contractor. The building departments, both City and County, the telephone company, utility company and post office are contacted. The building departments are contacted to determine if the contractor has obtained any permits, for the permits would list the contractor's address. The telephone company is contacted for prior and new telephone listing(s) with address(es). The post office is contacted for forwarding address(es). The utility company is contacted for new utility service which would contain a new address (es). If the contractor cannot be located after using these avenues, a diligent search affidavit is executed by the investigator who is attempting to serve the contractor. In September 1978 and at all times pertaining to the construction of the carport, Respondent's address of record with the Department was 1515-21 Paul Russell Road and P.O. Box 20234, Tallahassee, Florida. Respondent had not notified the Department of Professional Regulation, Construction Industry Licensing Board of any change in his address (Ex. 7), other than by the new address revealed on the Election of Rights form he filed in response to the administrative complaint. The Department attempted to personally serve Mr. Tucker at his listed address and could not locate him there. On May 21, 1984, Robert E. Connell, an investigator for the Department of Professional Regulation, executed a diligent search affidavit concerning service of the Administrative Complaint upon Mr. Tucker in this proceeding (Ex. 8).
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that Respondent be found guilty of the charges in count one of the Administrative Complaint, as amended; that counts two and three be dismissed; and that he be fined $250.00. DONE AND ORDERED this 4th day of April 1986 in Tallahassee, Leon County, Florida. WILLIAM R. DORSEY,JR., Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 4th day of April 1986. COPIES FURNISHED: Mr. James Linnan Executive Director Construction Industry Licensing Board P.O. Box 2 Jacksonville, Florida 32202 Mr. Fred Roche Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Salvatore A. Carpino, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Errol H. Powell, Esq. Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Mr. Robert Tucker P.O. Box 10218 Tallahassee, Florida 32302
The Issue Whether Petitioner's application for licensure in the category of mechanical plans examiner should be approved.
Findings Of Fact Based upon the testimony and evidence received at the formal hearing, the following findings of fact are made: Petitioner has been employed as a plans examiner for the City of Melbourne (City) since 1988. Petitioner has been a certified building plans examiner since 1994. She also holds certification as a standard and limited building inspector. Sometime in October 2003, Petitioner was informed that her limited plans examiner license, No. LP 369, had been permitted to expire on November 30, 1997, for failure to pay her renewal fee. The building official in her department at the City advised her that the renewal for the license had not been paid since 1996. It has been the practice of her department to automatically renew each of her licenses with the appropriate board, each year, as it came due, as a service to its employees. Why this one license, among several, was not renewed is unknown. After notification of the expiration of her limited plans examiner license, Petitioner immediately discontinued the review of electrical, mechanical, and plumbing plans and contacted the Department of Business and Professional Regulation (DBPR), reported the oversight, and requested directions on how to reinstate the limited plans examiner license, No. LP 369. No response was forthcoming; however, on October 27, 2003, DBPR issued an unsigned Notice and Order directed to Petitioner to cease and desist practicing as a limited plans examiner. Petitioner immediately complied and sought reinstatement. No formal disciplinary action was taken; however, reinstatement was denied on the grounds that her license had become null and void on November 30, 1997, pursuant to the self-executing language contained in Section 455.271, Florida Statutes. On January 3, 2005, Petitioner submitted an application to DBPR as a mechanical plans examiner. By Notice of Intent to Deny, dated July 18, 2005, DBPR notified Petitioner that it intended to deny Petitioner's application for licensure as a mechanical plans examiner. Citing Sections 468.607, 468.609, and 468.621, Florida Statutes, Respondent alleged that Petitioner did not have five years of combined experience in the field of construction, or a related field, or plans review corresponding to building plan review; that Petitioner did not provide an affidavit for each separate period of work experience from an architect, engineer, contractor, or building code administrator who has knowledge of Petitioner's duties and responsibilities; that Petitioner was employed by a local government authority without being properly licensed; and that she performed unlicensed activities in violation of the provisions of Chapter 468, Florida Statutes. Petitioner has shown that she satisfied the following requirements for licensure as a mechanical plans examiner. The evidence shows that: Petitioner is more than 18 years of age and is of good moral character; Petitioner has more than five years of combined experience in the field of construction and plans review; and Petitioner's application provided an affidavit for each separate period of work experience from a building code administrator who has knowledge of Petitioner's duties and responsibilities. Petitioner has more than adequate time in plans review, she did submit an affidavit of work experience signed by her building code administrator, and the administrator has a thorough knowledge of her duties. Building Official Alan Beyer, BU 383, certified to her years of plans review. Petitioner has been reviewing plans for the City since 1988. In 1994, based on her prior experience, Petitioner received a license as a limited plans examiner. Said license was allowed to expire through non-renewal and became void on November 30, 1997. Petitioner continued to perform her job until she was notified in October 2003 that her license had expired. Petitioner immediately discontinued the review of electrical, mechanical, and plumbing plans. Nevertheless, Petitioner performed activities during the period of 1997 through 2003, for which she was not licensed. However, the evidence is clear that Petitioner did not knowingly do so. Respondent has been previously licensed by Petitioner as a limited building inspector, a standard building inspector, and a standard building plans examiner. Each of these licenses has been maintained and is current, including the standard building plans examiner license, No. PX 838. Petitioner has no history of discipline in any of these areas, since 1993, the year the state first began to regulate this occupation. Petitioner has kept current the continuing educational requirements for each category for which she holds a license, including that of limited plans examiner. The subcategory of plumbing plans examiner was recently added to the standard building plans examiner license already held by Respondent. This subcategory required the same work experience (five-year combined experience) and affidavits signed by a building code administrator. The Board approved this addition to Petitioner's license.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent enter a final order granting Petitioner's request to complete the requirements for future standard licensing as a mechanical plans examiner. DONE AND ENTERED this 7th day of December, 2006, in Tallahassee, Leon County, Florida. S DANIEL M. KILBRIDE 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 7th day of December, 2006.
The Issue The ultimate issues for determination in this proceeding are whether Respondent was found guilty of a crime and whether Respondent was confined in a county jail in violation of Sections 475.25(1)(f) and (n), Florida Statutes. 1/
Findings Of Fact Petitioner is the state licensing and regulatory agency charged with the responsibility and duty to prosecute administrative complaints pursuant to the laws of the State of Florida. Respondent is now and has been at all times material to this proceeding a licensed real estate broker in the state, holding license numbers 0473019 and 0258304. The licenses were issued was as a broker %Realty One & Associates, Inc., 131 East Enid Drive, Key Biscayne, Florida 33149, and as a broker %Realty One of Miami, Inc., 1215 N.E. 128th Street, North Miami, Florida 33161. Respondent earned a Bachelor of Architecture degree from Ohio State University in 1955. Respondent was a contractor and real estate broker in the State of Ohio for 20 years prior to moving to Florida in 1985. There is no licensing requirement for contractors in the State of Ohio. In January, 1989, Respondent obtained a certified building contractor license in Florida. Respondent was charged with conducting the business of a contractor without being licensed or certified in violation of Section 489.127(1)(F), Florida Statutes. An Information was filed against Respondent in Dade County Court Case Number 89- 89550 on December 8, 1989. The Information charged that Respondent . . . did unlawfully engage in the business or act in the capacity of a contractor without being duly registered or certified, by contracting to perform remodeling work and the construction of an addition to the premises of MR. GARY R. GROSS and/or MRS. GARY R. GROSS, at 740 Allendale Road, Key Biscayne, Dade County, Florida in violation of 489.127(1)(F), Florida Statutes. Respondent entered a plea of nolo contendere on June 11, 1990. The court found Respondent guilty of the charge against him. Adjudication was withheld, and Respondent was sentenced to serve 60 days in the county jail. Court costs were assessed against Respondent in the amount of $423. Respondent was placed on probation and allowed to serve 100 hours of community service in lieu of 60 days in the county jail. 4/ Respondent never served time in the county jail. The judgment of the County Court and the court's denial of sworn motions to dismiss filed by Respondent were appealed by Respondent. 5/ Respondent timely filed separate Notices of Appeal on June 25, 1990. The appeals have not been decided and are pending before the Circuit Court of the Eleventh Judicial Circuit In and For Dade County, Florida. 6/ Respondent acted as a contractor in the execution of work designed by an architect. Respondent supervised the erection, enlargement, and alteration of a single family residence owned by Mr. and Mrs. Gross and located at 740 Allendale Road, Key Biscayne, Dade County, Florida. Mr. and Mrs. Gross obtained the necessary permits with the county and were listed as the contractor as owner-builder. Architectural plans for the work supervised by Respondent were provided by Philip Ostendorf. Mr. Ostendorf is a duly registered and certified architect in the State of Florida. Respondent arranged for most of the subcontractors, although one subcontractor was provided by Mr. and Mrs. Gross. All of the work was performed in accordance with the architectural plans. Respondent never ". . . honestly believed that he was violating a law." The plea of nolo contendere was entered by Respondent in County Court as a plea of convenience. Respondent always maintained his innocence and filed several sworn motions to dismiss the charges against him. Respondent's appeal includes the judgment against him and the denial of his motions to dismiss.
Recommendation Based upon the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that Respondent should be found not guilty of the allegations in the Administrative Complaint. DONE and ENTERED this 29th day of June, 1991, in Tallahassee, Leon County, Florida. DANIEL MANRY Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 1st day of July, 1991.
The Issue Whether Petitioner is entitled to licensure as a Certified Building Contractor or Residential Contractor.
Findings Of Fact Petitioner is a 44-year-old male. He was born and raised in Tallahassee, Florida. He is a high school graduate. Petitioner passed the examination for licensure as a certified building contractor. This is a comprehensive examination that is designed to test knowledge in all aspects of the construction industry. Passing it is a mandatory prerequisite before an application can be considered by the Florida Construction Industry Licensing Board (FCILB). However, passing the examination does not eliminate or modify the statutory or rule experience requirements. Petitioner submitted his application for a certified building contractor license on or about March 24, 2008. By letter of May 2, 2008, the Department of Business and Professional Regulation requested additional information. Petitioner then provided a revised affidavit from Chad Banks, a certified building contractor, and a letter from the Maintenance Construction Chief of the City of Tallahassee’s Gas Utility Department, each containing more detailed information about Petitioner’s experience. These items were received by Respondent on May 23, 2008. It is not clear whether Petitioner requested and was granted a continuance of his appearance with regard to the instant license application at an earlier FCILB meeting, but on January 15, 2009, the full Board considered Petitioner’s application at a duly-noticed public meeting in Altamonte Springs, Florida. At that time, Petitioner was present. During his appearance before the full Board on January 15, 2009, Petitioner was very nervous, but he believes that one of the Board members offered him, or at least asked him if he would accept, a residential contractor’s license in place of a certified building contractor’s license, and that he answered that he would accept such a license, only to have that “offer and acceptance” voted down by the full Board. However, Petitioner does not rule out the possibility that the vote taken at the meeting was actually with regard to denying the certified building contractor license for which he had applied. There is no evidence that Petitioner has ever submitted an application for a residential contractor’s license. By a Notice of Intent to Deny, dated March 16, 2009, and mailed March 24, 2009, the FCILB formally denied Petitioner’s application for a certified building contractor License stating: The applicant failed to demonstrate the required experience, pursuant to Section 489.111, Florida Statutes and Rule 61G4- 15.001, Florida Administrative Code. Petitioner seeks licensure as one who has four years of active experience and who has learned the trade by serving an apprenticeship as a skilled worker or as a foreman, at least one year of which experience is as a foreman. Petitioner has never worked as a full-time employee of a commercial or residential contractor. Petitioner got early experience in construction working around eight rental properties owned by his father. He performed light carpentry, deck construction, general handyman repairs, and some plumbing and roofing when he was approximately 16 to 21 years of age. However, Petitioner essentially relies on a work history that includes working as a plumber for Jim Bennett Plumbing from 1987 to 1993; as a foreman for the City of Tallahassee Gas Department from 1995 to 2005; as a “contractor trainee” for Chad Banks from 1999 to 2002; as having volunteered as superintendent for Gulf Coast Painting from 2003 to 2007; and as a maintenance man for the City of Tallahassee Parks Department from 2006 to 2007. Petitioner’s dates of employment overlap, because his volunteer experience was acquired mostly on weekends, holidays, in hours after he had already completed a full work day for the City of Tallahassee, or on “time off” from his regular employments with the City. Petitioner is a hard worker and wanted to learn the construction trade, but his volunteer construction jobs were intermittent, and he provided no clear assessment of the number of hours per week or month that he put in for any of them. From 1987 to 1993, Petitioner worked for Jim Bennett Plumbing. He started as a plumber’s helper and progressed to greater responsibility. In that position, he acquired a wide range of experience in plumbing for some residential, but mostly commercial, buildings. During this period, he also did some light cosmetic carpentry and tile work to restore building parts damaged by the installation of plumbing apparatus. Much of Petitioner’s construction experience relates to his association with Chad Banks, who testified that at all times material, Petitioner had “hands on” experience, working for him and that Petitioner was a competent worker. Petitioner has never been a “W-2 employee” of Mr. Banks, but there is no specific statutory or rule requirement that the experience necessary to qualify for the certified building contractor or the residential contractor license must be as a “W-2 employee.” Cf. Conclusions of Law. Mr. Banks was not licensed as a certified building contractor until 1999. Petitioner did some work for Mr. Banks when Mr. Banks was working as a sub-contractor on commercial projects (specifically one or more Super-Lube buildings) prior to Mr. Banks obtaining his certified building contractor’s license in 1999. Most of this employment involved pouring concrete slabs. Petitioner claims experience in “elevated slabs,” limited to the construction of a single Super-Lube building, which Petitioner described as laying a slab below ground level for mechanics to stand on and an at-ground level slab for cars to drive onto the lift for an oil change. He described no truly “elevated” slabs or floors above ground level on this project, and Petitioner’s and Mr. Banks’ testimony was vague as to Petitioner’s responsibilities on this project and as to the project’s duration. The general contractor on this project for whom Mr. Banks “subbed” did not testify. From this, and other employments, Petitioner has experience pouring foundation slabs, but he has never worked on a foundation slab in excess of 20,000 square feet. Petitioner also assisted in Mr. Banks’ construction of some rental sheds, but it is unclear if this was before or after Mr. Banks was licensed. Petitioner worked for Mr. Banks d/b/a C. B. Construction, Inc., in a volunteer capacity on exclusively residential construction from 1999 to 2002, and again from February 2004 to March 2008. During these periods, Petitioner and Mr. Banks considered Petitioner a “contractor trainee,” but Petitioner’s work for Mr. Banks was neither exclusive nor continuous; both men described it as “volunteer” work; and some of it seems to have amounted to Petitioner's looking over work done personally by Mr. Banks and having Mr. Banks explain to him, via a plan sheet, what Mr. Banks had already done personally. There is no evidence that during this time frame Petitioner worked for Mr. Banks as a foreman. Petitioner has the ability to “read” many types of construction “plans.” Petitioner has experience with slab footers, but he has not constructed red iron structural steel qualified for framing a building. Petitioner has experience in decorative masonry walls, but he has not constructed structural masonry walls of a type that would support framing members of a building or other vertical construction. Petitioner also worked for the City of Tallahassee as a “W-2” employee, mostly as a foreman overseeing a crew of four workers, from 1995 to 2005. In that capacity, he worked on a church, but the church itself had been constructed several years previously, and Petitioner’s crew’s contribution was tying-in several gas lines during a roadway development project and keeping all the utilities up and running during the project, while a private contractor worked on the church. With regard to the foregoing project and many others for the City Utilities Department, Petitioner directed a crew that built sidewalks and gutters or that tied these features into existing roadways and driveways. In that capacity, he often coordinated activities with residential contractors. Over his ten years’ employment with the City Utilities, Petitioner also directed a crew that exclusively created underground vaults for the housing and shelter of utility apparatus. However, none of his endeavors for the City Utilities involved vertical structural construction for floors above ground. Petitioner has also built new gas stations for the City’s natural gas vehicles, and has erected pre-fab utility buildings, including much slab work, but the nature and duration of these endeavors is not sufficiently clear to categorize them as qualifying him for the certified building contractor license. Most of Petitioner’s experience with the City, as substantiated by the letter of the City Utilities Maintenance Construction Chief, Mr. Lavine, has been in the construction of driveways, roads, gutters, storm drains, sidewalks, culverts, underground utility structures, plumbing and gas lines. While it is accepted that Petitioner has worked on such projects, this type of work more properly falls in the categories of “plumbing contractor” or “underground utility contractor” and Mr. Lavine was not demonstrated to have any certification/licensure in a category appropriate to Petitioner’s application. (See Conclusions of Law.) Sometime after 2005, for approximately a year, Petitioner was employed by the City of Tallahassee Parks and Recreation Department and in that capacity participated in at least one construction of a dugout and a concession stand at one of its playgrounds. He also did repairs on several dugouts and concession stands, but this latter work would not be classified as “structural” construction. Petitioner’s experience in precast concrete structures is limited to his work with gas utility structures, but does not include work on precast tilt walls, which are the type of walls that are constructed off-site, delivered to the job site, placed on the slab foundation, and raised in place as part of an on- going commercial building project. Petitioner has no experience in column erection. “Columns” in this context within the construction trade refers to supports for upper level structural members, which would entail vertical construction. Petitioner’s experience in concrete formwork does not include experience in the structurally reinforced concrete formwork that would be used in vertical buildings, such as all floors above ground level. FCILB’s Chairman testified that the Board interprets the type of experience necessary to comply with the statutes and rules, more particularly Florida Administrative Code Rule 61G4- 15.001(2), to be “structural experience.” There is no affirmative evidence that Petitioner has ever notified the Clerk of the Agency that he was relying on a right to a default license.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Construction Industry Licensing Board enter a Final Order denying Petitioner’s application for licensure as a Certified Building Contractor. DONE AND ENTERED this 24th day of November, 2009, in Tallahassee, Leon County, Florida. S ELLA JANE P. DAVIS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 24th day of November, 2009.
The Issue Whether Respondent violated provisions of Chapter 75-489, Laws of Florida, as amended, as more specifically alleged in Administrative Complaint dated February 10, 1992.
Findings Of Fact At all times relevant hereto Respondent was licensed by Petitioner as a certified building contractor having been issued license C-608, and was qualifying agent for Bay City Builders, Inc. Bay City Builders, Inc., entered into a contract to add four bedrooms and two baths to a residence in Dunedin, Florida, being used as an Adult Congregate Living Facility (ACLF) (Exhibits 1 and 2), at a price of $32,000. The contract provided, inter alia, that the contractor would provide all permits and fees directly associated with the project. Upon signing the original contract on September 26, 1991, the owner paid Bay City Builders $3200 (Exhibit 3). On October 8, 1991, the owner paid Bay City Builders an additional $7200 (Exhibit 3) when the plans were presented to the owner. Prior to the issuance of the permit for this project, Bay City Builders poured the footing for the building addition. The permit application was signed by Respondent. After entering into the contract, Bay City Builders found there was an impact fee involved, the project was never completed and was subsequently abandoned. Bay City Builders prepared a second contract for this project which increased the price to $41,789 (Exhibit 5) and presented this to the owner who did not accept the new contract. Respondent admits that he was the qualifying contractor for Bay City Builders, and the permit was pulled under his license, but contends he had nothing to do with the financial arrangements between Bay City Builders and the owner. Respondent was paid a flat fee by Bay City Builders for obtaining permits under his license for work Bay City Builders contracted to perform. He occasionally visited the sites where work was being performed by Bay City Builders. Bay City Builders is not licensed. The permit for the ACLF addition was applied for on November 1, 1991, but was not issued by the City of Dunedin until February 13, 1992 (Exhibit 6). It could have been picked up any time after November 30, 1991. On September 5, 1991, Bay City Builders entered into a contract with an owner living in Seminole, Florida, to replace the roof over a rear porch of this residence for a total price of $900. (Exhibit 8) This was a flat roof, and the initial intent was to replace the tar and gravel roof with tar and gravel. At the time construction started on September 11, 1991, the person doing the installation used a rubberized roof, which was satisfactory to the owner and gave the owner a 5 year unconditional warranty. Respondent's license does not authorize him to reroof an existing building, and no permit was applied for to perform this job. No certified roofer was engaged to do this reroofing, the rubberized compound applied to the roof was improperly applied and the roof started leaking when the first rain came. Workers from Bay City Builders came to the residence several times to attempt to patch the leaks, but the leaks persisted. Ultimately, the owner had to employ a qualified roofing contractor to redo the roof. While Bay City Builders was attempting to stop the leaks, the ceiling over the porch was also ruined and had to be replaced. In his testimony, Respondent admitted that he was the sole qualifying contractor for Bay City Builders, that his function was to give Bay City Builders a price estimate for the work intended, including the ACLF addition, but the owner of Bay City Builders entered into a contract for $5000 less than Respondent's estimate for the ACLF. Respondent also acknowledged that Bay City Builders, acting under Respondent's license, entered into contracts for some 150 jobs, but that Respondent was told or learned of only 60 of these projects. Respondent was paid a fixed fee by Bay City Builders for each permit obtained, and he prepared estimates of cost.
The Issue Whether Petitioner may be granted provisional certification as a plumbing inspector and provisional certification as a mechanical inspector.
Findings Of Fact Respondent Florida Building Code Administrators and Inspectors Board (Board) is the executive branch agency, within the Department of Business and Professional Regulation, charged, among other duties, with administering Part XII, Chapter 468, Florida Statutes, and issuing standard and provisional certification of plumbing inspectors and mechanical inspectors. The Board denied Petitioner’s applications for provisional licensing as a plumbing inspector, and as a mechanical inspector, because his application(s) “does not demonstrate, affirmed by affidavit signed by an architect, engineer, contractor, or building code administrator, that you have the required experience for the certification sought.” At all times material, Robert McCormick was Respondent Board’s Chairman. The Board considers applications for, and licenses applicants as, building inspectors, plans examiners, and building code administrators. Such personnel usually work with municipal, county, or state entities, although in some places private contractors provide such services. Licensees review proposed construction plans of both residential and commercial projects as well as monitor the progress of construction to assure that all building code standards are met. Each construction trade has a specific and complex code of regulations. Inspectors in each category must assure compliance with that respective trade’s regulations. Most of the work of an inspector is performed in the field at a job site. Plumbing and mechanical inspectors must be versed in both residential and commercial construction codes. The mechanical trade is, at minimum, concerned with heating, air- conditioning, and ventilation systems. The plumbing trade is, at minimum, concerned with water systems, drains, pipes, and gas. At hearing, Petitioner submitted no information whatsoever about his experience in these areas, and relied exclusively upon his application affidavits. Petitioner is employed by a public entity, the City of Deland. The Board has issued him a provisional license as a building inspector. As a building inspector, Petitioner reviews structural and non-structural aspects of construction for one- and two-family dwellings, as well as means of egress and accessibility, but he does not address specific systems or codes, such as plumbing and mechanical, within the structure to assure compliance with the Florida Building Code. Petitioner has already taken and passed both the Florida-required test for standard plumbing inspector certification and for standard mechanical inspector certification. Mr. McCormick, testifying on behalf of the Board, acknowledged Petitioner’s successful test results, but considered Petitioner’s passing the examination to be the last statutory requirement time-wise (or just one of the statutory prongs) for obtaining the standard license. For provisional licenses, the Board still requires five years’ experience as specified by statute for each specialized field (plumbing and mechanical) to be attested-to by adequate affidavits. (TR-69) By virtue of having a provisional building inspector certification issued by the same Board involved with the present applications, Petitioner has already demonstrated, via affidavit, five years’ experience in general building construction. As part of his application(s) for the plumbing and mechanical inspector provisional licenses, Petitioner submitted two affidavits of his current employer and six affidavits from others with knowledge of his work experience. Some of these affidavits also had been used by Petitioner in applying for his building inspector license. The affidavits were signed by engineers, building code administrators, and/or licensed contractors, and account for Petitioner’s work experience from 1988 to the present, most of which experience occurred in Ohio. The affidavits purport to describe, in general terms, Petitioner’s experience, job duties, and overall knowledge of the plumbing and mechanical trades during that time frame. The Board has created an Application Review Committee, consisting of Board members, to review all applications and make a recommendation to the Board as to whether each application should be approved or denied. Mr. McCormick was on the Application Review Committee which reviewed Petitioner’s application on October 14, 2008, and recommended against Petitioner’s provisional licensure in the plumbing and mechanical trades. There is no persuasive evidence that the Application Review Committee made any direct inquiries of Petitioner’s affiants to supplement their affidavits or that it was required to do so. There is no evidence that Petitioner was notified of the Application Review Committee’s meeting or that the law requires that Petitioner be notified of it. However, Petitioner was notified, according to law, of the Board’s meeting on October 17, 2008, when a vote was taken and his pending mechanical and plumbing applications were denied, effective with the Board’s October 30, 2008, Intent to Deny. There is no evidence that Petitioner was present or offered any additional information at the Board’s meeting to support his application(s). According to Mr. McCormick, Petitioner’s affidavits did not describe Petitioner’s work experience in sufficient detail for the two respective categories of inspector. Overall, Mr. McCormick felt all of Petitioner’s affidavits for plumbing and mechanical provisional certification were not specific in the two categories chosen. The Application Review Committee and the Board were looking for affidavits that showed discrete and significant expertise in each trade category, not just experience as a general contractor overseeing other experts in those trades and systems. Petitioner previously had been a general contractor and a licensed Ohio Real Estate Corporate Salesperson. Petitioner’s status as a general contractor in Ohio was insufficient, according to Mr. McCormick, because nothing in the affidavits correlated the licensure of general contractors in Ohio with licensure of general contractors in Florida for purposes of trade category licensing and because Petitioner had already received credit for his prior general contracting experience via his Florida provisional building inspector license. (See Finding of Fact 9.) Mr. McCormick specifically addressed some of these affidavits at hearing. He indicated that the affidavit of Matt Adair, a building official in Deland, Florida, was vague as to five years of the necessary mechanical or plumbing experience, but that it had been accepted by the Application Review Committee as the public employer’s intent to utilize Petitioner for commercial plumbing and mechanical inspections if Petitioner were provisionally licensed in those categories. An affidavit by Jim Ziegler, an Ohio building official, spanned 20 years, and addressed Petitioner’s success in commercial plumbing, masonry, and HVAC (an air-conditioning/mechanical trade), only because of Petitioner’s “hands on” workmanship and supervisory skills as a general contractor in Ohio. The affidavit of Frank Pirc covered 1996-2006, and only described Petitioner as a supervising general contractor with good knowledge of commercial and residential cooling systems. The affidavit of John Bogert, a general contractor, was very specific for plumbing for 1995- 2006, but in Mr. McCormick’s view, Mr. Bogert’s affidavit was unacceptable because it conflicted with an employment history submitted by Petitioner in the same application file. (See affidavits for correct name spellings, rather than the Transcript, which uses phonetic spellings.) Mr. McCormick further stated that no affiant actually identified the period of full-time employment that Petitioner worked in each trade category. Mr. McCormick acknowledged that Petitioner had demonstrated 20 years’ experience in general building, which encompasses some plumbing and some work in the mechanical trade, spread out over that 20-year time frame. However, he testified that the Committee and Board were looking for evidence, via affidavit, that the applicant had a minimum of five years solely dedicated to each trade or five years of full-time work experience in plumbing and five years of full-time work experience in a mechanical trade, not just five years’ total experience based on the applicant’s time in both trades added together. Moreover, in his opinion on behalf of the Board, 20 years as a building contractor had already been acknowledged with the granting of Petitioner’s provisional building inspector’s license. To illustrate his foregoing analysis, Mr. McCormick divided five years into average full-time work hours of 2,000 work hours per year and 10,000 work hours for a five-year long period of employment, but he did not specify that the Committee or Board was adding up full-time work hours to otherwise modify the five years per category requirement of the statute or to alter any Administrative Code rules. Mr. McCormick summed-up problems the Committee and the Board had with Petitioner’s affidavits, saying they showed that Petitioner “did a lot of things over 20 years . . . [but] It is not incumbent on the Board to figure out which part of those 20 years to assign to which trade.” (TR-65) Mr. McCormick acknowledged that, added together, the affidavits submitted by Petitioner covered 20 years of employment, but he further testified that the Committee and Board were looking for affidavits which showed an applicant’s specific duties by trade category, covering specific times/dates, which specific times/dates amounted to five years for each category of building trade.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board of Building Code Administrators and Inspectors enter a Final Order denying Petitioner’s applications. DONE AND ENTERED this 12th day of June, 2009, in Tallahassee, Leon County, Florida. S ELLA JANE P. DAVIS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 12th day of June, 2009.
The Issue The issues in this case are whether Respondent, August T. Nocella, committed the violations alleged in the Administrative Complaint and, if so, what discipline is appropriate.
Findings Of Fact Petitioner, the Pinellas County Construction Licensing Board (Board), is the agency within Pinellas County, Florida, authorized under Chapter 89-504, Laws of Florida, as amended, to regulate and discipline the licenses of, among others, certified aluminum contractors. Respondent, August T. Nocella (Respondent), is, and has been at all times material hereto, a certified aluminum contractor in Pinellas County, Florida, having been issued license C-3197. At times relevant to this proceeding, Respondent was doing business as Allied Aluminum, located in St. Petersburg, Florida. In 1997, Ms. Mary J. Pugh had a small screened porch added to her house located at 12855 Gorda Circle West. Approximately two years later, in July 1999, the porch was damaged or destroyed by a storm. Thereafter, Ms. Pugh requested and received a proposal from Allied Aluminum to repair or rebuild the screened porch. On September 1, 1999, Respondent entered into a contract with Ms. Pugh to repair or reconstruct the previously existing screened porch. The contract provided that Respondent would install a new aluminum roof to replace the damaged existing screened porch roof, install gutters and trim, replace 13 feet of valance, replace the screen, and install a new wall front. The contract noted that a riser wall was required for "proper roof pitch." The contract price was $2,300.00, with $1,000.00 to be paid as a down payment and the remaining $1,300.00 to be paid upon completion of the project. Ms. Pugh paid Allied Aluminum in accordance with the terms of the contract. She made the first payment of $1,000.00 on September 1, 1999, and made the final payment of $1,300.00 on September 22, 1999, upon Respondent's completing the job. On or about September 16, 1999, Respondent obtained a permit for the repair or reconstruction of the screened porch at Ms. Pugh's house. Respondent began the project on or about September 15, 1999, and completed the job on September 22, 1999. Section 105.6 of the Standard Building Code, 1997 Edition, as amended,(Standard Building Code) requires local building officials, "upon notification from the permit holder or his agent," to make a final inspection of a building after the building is completed and ready for occupancy. In order to comply with the Standard Building Code, it was the responsibility of the permit holder, in this case, Respondent, to call local officials for a final building inspection. Upon completion of the inspection, a building official would then notify the permit holder of "any violations which must be corrected in order to comply with the technical codes." Respondent failed to notify building officials that the Pugh project was completed and ready for occupancy and, thus, ready for final inspection by appropriate building officials. As a result of Respondent's failure to call for a final inspection, building officials never inspected Respondent's work on Ms. Pugh's screened porch and made no determination as to whether the project complied with the applicable technical codes. In July 2000, during a storm, the roof of Ms. Pugh's screen porch collapsed. Relying on statements of unnamed contractors, Ms. Pugh believes that the roof collapsed because it did not have the proper pitch. Respondent attributes the collapse of the roof to the gutters being blocked with leaves. Despite these assertions no evidence was presented at hearing to establish the cause of the roof's collapsing.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Pinellas County Construction Licensing Board enter a final order: (1) finding that Respondent failed to obtain a satisfactory inspection as alleged in Count One, and is guilty of the offenses described in Chapter 89-504, Subsections 24, (2)(d), (j), and (n), Laws of Florida; (2) imposing an administrative fine of $1,000.00 for the foregoing offenses; and (3) dismissing Count Two of the Administrative Complaint. DONE AND ENTERED this 28th day of December, 2001, in Tallahassee, Leon County, Florida. CAROLYN S. HOLIFIELD 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 28th day of December, 2001. COPIES FURNISHED: Don Crowell, Esquire Pinellas County Construction Licensing Board 310 Court Street Clearwater, Florida 33756 Rodney S. Fischer, Executive Director Pinellas County Construction Licensing Board 11701 Belcher Road Suite 102 Largo, Florida 33773-5116 August T. Nocella 1017 Robinson Drive, North St. Petersburg, Florida 33710
Findings Of Fact At all times material hereto, Respondent Robert F. Copenhaver was holder of a registered general contractor's license number RG 0013968 issued by the State of Florida. At all times material hereto, Respondent qualified Southwest Building and Development Corporation with the Construction Industry Licensing Board. See Petitioner's Exhibit #1. At all times material herein, neither Respondent nor Southwest Roofing and Waterproofing, Inc., were registered or certified as a roofing contractor with the Board. See Petitioner's Exhibit #1. At all times material herein, Respondent was the holder of a Class C building contractor's license and a specialty limited roof-coating and spraying license, both issued by Sarasota County. See Transcript of Proceedings, page Said license was limited to work done to cosmetically improve a roof. Any work done to repair leaks required a standard roofing license. Respondent and Don Cogswell incorporated Southwest Roofing and Waterproofing, Inc. (SRWI), under the laws of the State of Florida on January 10, 1980. See Petitioner's Exhibit #5. All work done by SRWI was done under the Sarasota special roofing contractor qualification. Respondent was president of the corporation until December 15, 1980, at which time he resigned and transferred all his stock to Cogswell. See Petitioner's Exhibit #6. On February 14, 1980, SRWI contracted with A. T. Esslinger to completely waterproof a roof at 816 Idlewild Way, Sarasota, Florida. See Petitioner's Exhibit #2. The only warranty referenced in the contract was a separate standard warranty to be delivered at the time of final payment. See Petitioner's Exhibit #3A. Respondent gave the Esslingers a letter (Petitioner's Exhibit #3B) in which SRWI guaranteed to stop the leaks in their roof. This letter referenced SRWI's standard warranty. To waterproof the roof, gravel was removed from the existing roof and a cement-like surface applied to the roof. On June 4, 1980, SRWI contracted with Earl Mowry to waterproof a roof at 5339 Gulf Drive, Holmes Beach, Bradenton, Florida, in accordance with specifications originally attached to the contract but not introduced at hearing. See Petitioner's Exhibit #4. To waterproof the roof, a concrete material was applied to the existing roof. On June 25, 1980, SRWI contracted with Maynard Howe to waterproof a roof over the family room in accordance with attached specifications at 2271 Mill Terrace, Sarasota, Florida. The only warranty given was the separate standard warranty to be delivered at the time of final payment. See Petitioner's Exhibits #7A and #7B. To waterproof the roof, a concrete material was applied to the existing roof. All of these contracts provided that SRWI would apply MARKEM Elastic Waterproofing material so that said roof areas were completely covered and free of all leaks. See Petitioner's Exhibits #9A, #9B and #9C for data concerning MARKEM. After the work was completed, each of the roofs in question leaked. When Respondent was contacted after he had left SRWI, he advised each of the persons that he had left the company and could not assist them. Respondent referred them back to SRWI, MARKEM or the company who became the MARKEM distributors in the area. None of the persons obtained relief from SRWI, the Respondent, MARKEM or MARKEM's new distributor. See Transcript of proceedings, pages 16, 25, 34. Howe sued SRWI and served Respondent with suit papers. In response, Respondent sent Howe a notarized document (Petitioner's Exhibit #6), which states that as of December 15, 1980, Respondent had resigned as president of SRWI and had transferred all of his stock to Don Cogswell. On October 14, 1980, SRWI contracted with Catherine Gilligan to waterproof her roof at 4819 Graywood Lane Meadows, Sarasota, Florida. See Petitioner's Exhibit #12. Gilligan paid SRWI $174 as partial payment on this contract. SRWI never did any work pursuant to the contract. Gilligan called SRWI, but to her knowledge never spoke to the Respondent concerning when SRWI was to start the job. Gilligan waited for one month, then called SRWI every day for three weeks. In the fourth week, SRWI's telephone was disconnected. This date reasonably coincides with the date Respondent resigned, December 15, 1980. No evidence was received of disciplinary action against SRWI or the Respondent by Sarasota County.
Recommendation Having found Respondent Robert W. Copenhaver guilty of violating Section 489.129(1)(j), Florida Statutes, it is recommended that the Construction Industry Licensing Board suspend the registration of Respondent as a general contractor for one year. DONE and RECOMMENDED this 21st day of December, 1982, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, 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 21st day of December, 1982. COPIES FURNISHED: Stephanie A. Daniel, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Mr. Robert W. Copenhaver 2409 34th Street, West Bradenton, Florida 33505 Samuel R. Shorstein, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 K. Linnan, Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32201 =================================================================
