The Issue The issue for determination is whether Respondent negligently practiced engineering in the preparation of construction plans for a residential structure and airplane hanger.
Findings Of Fact At all times pertinent to these matters, Respondent has been a licensed engineer in the State of Florida, having been issued license number PE 37862. Respondent is the engineer of record for the residential and airplane hanger project (Rutman project). On Sheet 6 of 8 of the drawings prepared for the Rutman project, Respondent failed to reference sections or details found in the plan for the project. Specifically, Sheet 6 indicates the floor truss layout for the ground and second floors, but fails to indicate what the framing members are supported upon, a very significant fact, in that one who is reading the plan would not be instructed in how to construct that portion of the work. On Sheet 5 of 8, which indicates the layout of the framing members of the roof, no specific information is provided showing how to construct, support or connect the members and no reference is made to any other parts of the plans. Respondent's drawings fail to specify or indicate anywhere on the plans the proper reinforcing for the masonry column. On Sheet 2 of 2 - Hanger, and on Sheet 1 of 3 - Floor Plan, Respondent has called for a 24-inch by 24-inch reinforced masonry column that supports a W24 x 55 Steel I-beam that is 48 feet 8 inch long. There is no specification for column ties, which are reinforcing bar loops that are to be placed around the vertical steel within a column, as required by the American Concrete Institute's Code (ACI) provision 530. ACI 530 is used by all engineers in Florida that design masonry columns. These technical codes for concrete have been provided by ACI since 1904. ACI 530, Section 5.9.1.6(a), relating to lateral ties, provides that longitudinal reinforcement shall be enclosed by lateral ties at least 1/4 inch in diameter. Respondent's drawings fail to provide the required lateral ties. According to ACI 530, Section 5.9.1.4, vertical column reinforcement must not be less than .0025 times the nominal area of the column or approximately 1.44 square inches of steel. Respondent's drawing provides only 1.24 square inches of steel.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Board of Professional Engineers enter a final order reprimanding Respondent for negligence in this matter, and placing him on probation for a period of two years. DONE AND ENTERED this 28th day of October, 2003, in Tallahassee, Leon County, Florida. S DON W. DAVIS 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 October, 2003. COPIES FURNISHED: David P. Rankin, Esquire The Law Offices of David P. Rankin, P.A. 14502 North Dale Mabry Boulevard, Suite 300 Tampa, Florida 33618 Douglas Sunshine, Esquire Florida Engineers Management Corporation 2507 Callaway Road, Suite 200 Tallahassee, Florida 32303 Nancy Campiglia, General Counsel Department of Business and Professional Regulations Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-2202 Natalie A. Lowe, Executive Director Board of Professional Engineers Department of Business and Professional Regulations 2507 Callaway Road, Suite 200 Tallahassee, Florida 32303-5267
Findings Of Fact At all times material to these proceedings, Respondent Farrall was licensed as a certified general contractor in Florida, and held license number CG C040234. In addition, the Respondent was licensed as a certified roofing contractor and held license number CC C024398. Mr. Farrall was the qualifying agent for Sunmaster Roofing Company. On May 25, 1987, Sunmaster Roofing Company entered into a contract with Clarence A. Miller and Emily Miller to reroof their residence in Naples, Florida. After the project was completed, Mr. and Mr. Miller filed a complaint with the Collier County Contractors' Licensing Board on December 7, 1987. Essentially, the complaint alleged as follows: 1) that the contractor abandoned the job without adequately completing construction; 2) that the roof materials were incorrectly installed; 3) that the contractor failed to obtain a building permit; and 4) that the contractor failed to adequately perform the contract due to his failure to correct faulty workmanship on the job. On December 11, 1987, copies of the complaint and a notice of hearing was sent to Respondent Farrall by certified mail to two different addresses. The items were promptly received at both locations. On January 15, 1988, the Respondent acknowledged that he was personally aware of the hearing scheduled for January 20, 1988. The Respondent requested a continuance until after January 29, 1988, because he had to attend to urgent family matters which required his presence in Canada. A continuance was not granted, and the hearing proceeded as scheduled. The Respondent was aware that the hearing was not continued prior to his departure for Canada. On January 20, 1988, a hearing was held, and the local board received evidence regarding the Miller complaint. As a result of the hearing, the local board found that the Respondent violated specific county ordinances in the following manner: by abandoning the job without legal excuse; disregarding or violating the building code by failing to obtain a building permit; and by failing to make good, faulty workmanship obviously performed in evasion of performance of the contract. The Respondent was disciplined by the Collier County Contractors' Licensing Board on January 20, 1988. His permit privileges were suspended in Collier County until the contractor makes restitution and appears before the Board for reinstatement. The Respondent was given fifteen days to appeal the decision. The Respondent personally received a copy of the disposition of the hearing by certified mail on January 28, 1988. An appeal was not taken of the decision.
Recommendation Based upon the foregoing, it is recommended that the charges set forth in the Administrative Complaint against the Respondent, John W. Farrall, in Case No. 89-3291 be DISMISSED. RECOMMENDED this 15th day of February, 1990, in Tallahassee, Leon County, Florida. VERONICA E. DONNELLY 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 15th day of February, 1990. APPENDIX TO RECOMMENDED ORDER, CASE NO. 89-3291 The proposed findings of fact set forth in Petitioner's proposed recommended order are addressed as follows: 1. Accepted. See HO #1. 2. Accepted. See HO #2. 3. Accepted. See HO #1 and #2 4. Accepted. See HO #8 and #9. 5. Accepted. See HO #8. Rejected. Irrelevant to the charges filed. Rejected. Irrelevant to the charges filed. The proposed findings of fact filed by the Respondent are addressed as follows: Accept the first two sentences. See HO #1. The rest of paragraph 1 is rejected as improper argument which is not based upon material evidence presented at hearing. Accepted. See HO #2. Rejected. The issue in this proceeding involves the discipline by the local government board and not the underlying facts upon which the board based its findings. Immaterial. 4. Rejected. Immaterial. See above. Rejected. Rejected. Rejected. Irrelevant. Irrelevant. Irrelevant. Rejected. Rejected. Irrelevant. Irrelevant. Rejected. Rejected. Rejected. Irrelevant. Irrelevant. Contrary to fact. See HO #6. Rejected. Rejected. Contrary to Irrelevant. fact. See HO #9. COPIES FURNISHED: Jack M. Larkin, Esquire 806 Jackson Street Tampa, Florida 33602 John W. Farrall 316-2 Tudor Drive Cape Coral, Florida 33904 Fred Seely, Executive Director Construction Industry Licensing Board 111 East Coastline Drive, Room 504 Jacksonville, Florida 32202 Kenneth E. Easley, Esquire General Counsel Department of Professional Regulation 1940 North Monroe, Suite 60 Tallahassee, Florida 32399-0792
