The Issue Whether Respondent violated Sections 489(1)(d),(j) and (m), Florida Statutes?
Findings Of Fact At all times relevant Respondent was licensed as a registered residential contractor in Florida and held license number RR0046781. Sometime in late April, 1985, Respondent entered into a contract with Mr. Reames. The contract called for Respondent to build a house at 1512 S.E. 24th Avenue, Ocala, Florida. Mr. Reames moved into the house on December 23, 1985, after a certificate of occupancy was issued, even though the house was not fully completed. Mr. Reames completed a "punch list," consisting of an undetermined number of items which needed to be completed, and asked Respondent to complete the items. Most items in the punch list were never completed by Mr. Huey. After the initial attempt by Mr. Reames to get Huey Construction Co. to complete the items in the punch list, Mr. Reames did not contact Huey Construction Co. about the other problems found subsequently. In March or April, 1986, Mr. Reames noticed that the wood floor was buckling and separating. He contacted Mr. Gassett, the person who had installed the floors, who determined that a water leak was causing the problem. In November, 1986, Mr. Reames hired Mr. Clyatt, a licensed general contractor, to inspect the house, to go over the punch list items which needed to be completed, and to correct other items which were discovered to be inadequate. In the first week of January, 1987, Mr. Norton, the chief building inspector for the City of Ocala, was asked by Mr. Reames to inspect the house. Mr. Norton found a number of problems and identified some violations of the City of Ocala Building Code (Code) which was in effect at the time the house was built. The inadequacies, problems and code violations found by Mr. Clyatt and Mr. Norton are set forth below. Ventilation The Code requires 1 sq. ft. of opening for each 150 sq. ft. of crawlspace, in order to provide ventilation. Since the house had 2720 sq. ft. of crawlspace, it needed 18 sq. ft. of openings. The house, however, had only 6 openings of 1 sq. ft. each, or 6 sq. ft. of openings. Additionally, the plans for the house indicated where the openings were to be located and the completed house did not meet the plan specifications in this area. Mr. Clyatt added 15 openings, 8 in. by 12 in. each. In addition to the inadequate openings, one area of the crawlspace was completely enclosed, with no ventilation. The Code requires that attic ventilation for this type of house be 1 sq. ft. of opening for each 300 sq. ft. of space. The plans called for 3 in. by 12 in. vents at 24 in. intervals. The openings in the house were approximately 2 in. in diameter and were placed sporadically. From a visual inspection, without taking actual measurements, the openings for attic ventilation were inadequate and did not provide the ventilation required by the Code. Roof The roof of the house contained exposed nails and staples on the shingles, including some which had rusted. Nails and staples should not be exposed on a shingle roof, since they can lead to leaks. The roof leaked in one area in the back of the house. Mr. Reames contacted H & B Roofing, the subcontractor who had installed the roof, who corrected the problems with the roof. Driveway The Code requires that a driveway permit be obtained prior to the installation of a driveway. Also, the Code requires an inspection of the driveway prior to the concrete being poured. Respondent obtained the required permit, but failed to call for the required inspection prior to pouring the concrete. By letter dated December 10, 1985, Respondent notified the Building Inspection Office of the City of Ocala that the driveway was poured according to the Code. By the time of the inspections by Mr. Norton and Mr. Clyatt, several cracks were present in the driveway. SubFloor Due to the water damage set forth in paragraph 5, supra, the wood floor was removed in late December, 1986 or early January, 1987. The plans originally called for the subfloor to be constructed of one-half inch plywood decking, particle board, and 15 lb. felt paper. However, the Code requires subfloors to be constructed using three-quarter inch plywood, and the plans contained a penciled in notation where the one-half inch was changed to eleven- sixteenths. The subfloor had been constructed using one-half inch CDX plywood decking with particle board on top. No felt paper had been used. Additionally, the subfloor had been nailed in violation of the Code. The Code requires nails to be spaced two and one-half inches on the perimeter of the plywood and four inches in the interior area of the plywood. The subfloor of the house contained boards which had only been nailed on the perimeter and boards which had a large number nails in one area, far in excess of the amount required by the Code. Girders When Mr. Clyatt inspected the house he discovered that approximately 6 of the wood girders supporting the floor appeared to have been cut short and, instead of bearing on the stem wall bearing plate, were supported by posts made of two-by-four and two-by-six non-pressure treated lumber. The posts were resting on soil and the bottom part of the posts had decayed. This construction is a violation of the Code which requires that pressure treated wood be used, and is a violation of construction standards which require that the girders rest on the bearing plate or on concrete. See Petitioner's Exhibit 6. Also, the girders supporting the wood floor were not resting directly on the block piers. Wood shims had been added to fill the space between the girders and the block piers. The wood shims were not pressure treated. The Code requires that pressure treated wood be used in this situation. Additionally, proper construction requires that the girders rest directly on the block piers. Foundation Wall A foundation wall was not bearing on the footing properly. The foundation wall was constructed of 8-inch block and portions of the wall had only one to two inches bearing on the footing; the rest of the wall was resting on the soil. This is a violation of the Code. This problem was corrected by Mr. Clyatt by removing the soil on which the wall rested and pouring concrete under the wall. See Petitioner's Exhibit 7. Cabinets The cabinets in or near the utility room area of the house were loose and separating from the soffit and the wall.
Recommendation Therefore, based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a Final Order reprimanding Respondent and imposing a fine of $1500.00. DONE and ORDERED this 31st day of October, 1988, in Tallahassee, Florida. JOSE A. DIEZ-ARGUELLES 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 31st day of October, 1988. APPENDIX Case Number 88-5570 The parties submitted proposed findings of fact which are addressed below. Paragraph numbers in the Recommended Order are referred to as "RO ." Petitioner's Proposed Findings of Fact Proposed Finding of Fact Number Ruling and RO Paragraph Accepted. RO1. Accepted. RO2. Accepted. RO3,4. First sentence, Accepted RO7. Second sentence accepted for proposition that Mr. Reames paid Mr. Clyatt $30,000 for work done on the house. However, the evidence fails to establish what portion of this amount was paid for problems caused by Respondent. 5-10. Accepted generally as to what Mr. Clyatt observed. RO19,20. But see discussion in Conclusions of Law portion of this RO. Accepted. RO13. Accepted generally. RO14. Respondent was not asked to repair the shingles when this deficiency was discovered about one year after Respondent had ended work on the house. First sentence rejected. Second sentence, accepted R016, but no competent substantial evidence was presented to show what caused the cracks. Accepted generally as to what was observed. RO22. But see discussion in Conclusions of Law portion of RO. Accepted. RO18. Accepted. RO18. Accepted. RO21. Accepted. RO21. Accepted. RO10,11. Accepted. RO10,11. Accepted. RO17. Accepted. RO12. Accepted. RO12. Accepted. RO15. Accepted. RO15. Accepted. RO8. Respondent's Proposed Findings of Fact Respondent's post-hearing statement consists of a two page letter with attachments. The attachments have been addressed in the Background section of this Recommended Order. The proposed findings of fact contained in the letter are addressed below. References are to paragraphs and sentences within each paragraph. Proposed Finding of Fact Number Ruling and RO Paragraph Par. 2 RO2 establishes that a contract existed; no finding is made as to whether the contract was oral or written, or as to what the contract amount was. Par. 3 First sentence is not supported by the evidence. Second sentence, accepted. Third-Fifth sentences rejected as not supported by competent evidence; however, no finding is made as to who is at fault for this problem. See Conclusions of Law. Fifth sentence is not a finding of fact. Par. 4 Not a finding of fact. Par. 5 (References are to statements after each number in the paragraph) #8 is accepted generally. RO15. #9 rejected as not supported by competent evidence. #10 rejected as not supported by competent evidence; some of the allegations were proven to exist as set forth in this RO. #11 and 12 are not findings of fact. COPIES FURNISHED: David L. Swanson, Esquire Staff Attorney Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Robert D. Huey 3710 Southeast 12th Place Ocala, Florida 32670 Fred Seely Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32201 Lawrence A. Gonzalez, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Bruce Lamb General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
The Issue The issue presented is whether Respondent is guilty of the allegations contained in the Administrative Complaints filed against him, and, if so, what disciplinary action should be taken against him, if any.
Findings Of Fact At all times material hereto, Respondent was licensed as a certified general contractor in the State of Florida, having been issued license number CG C000942. At all times material hereto, Respondent was the licensed qualifying agent for Twenty First Century Construction Management, Inc. On September 5, 1992, Willie Janes, doing business as Janes Roofing Contractor, entered into a contract with Debourah Benjamin to replace the roof at her residence located in Margate, Florida. The contract price was $6,748, but Janes later agreed to do the work for $6,248, which was all Benjamin's insurance company would pay. On November 26, 1992, Benjamin gave Janes a check in the amount of $2,200 as a down payment on the work. The check was payable to Willie Janes. At the time Janes entered into his contract with Benjamin, his local roofing license had expired, and he was not licensed as a roofing contractor by the State of Florida. Respondent applied for the roofing permit for the Benjamin job. The City of Margate Building Department issued permit number 11525-R by and through Respondent's licensure on December 3, 1992. Janes commenced work on the Benjamin project on November 26, 1992. On December 8, 1992, the City of Margate Building Department performed a tin tag inspection of the work done by Janes. The work failed the inspection that day but passed two days later. On January 11, 1993, Benjamin issued a second check, in the amount of $2,300, payable to Willie Janes, for the purchase of roof tile. Janes did not order and did not pay for the roof tile until approximately June 25, 1993. The tile was delivered to Benjamin's residence a few days later and placed on the roof for installation but Janes did not return to the project site. The amount of tile delivered to Benjamin's residence was not sufficient to cover the entire roof. On approximately June 25, 1993, Benjamin noticed for the first time that the name of the company on the permit posted at her residence was Twenty First Century Construction. Neither the Respondent nor Twenty First Century Construction Management, Inc., had any involvement in Benjamin's project other than obtaining the building permit. Benjamin contacted the building department which issued the permit and was referred to Petitioner. An employee of Petitioner advised her that the qualifier for Twenty First Century Construction was Respondent. Benjamin had never heard of Respondent at the time. Benjamin contacted Respondent by telephone several times about completing the work commenced by Janes. Respondent repeatedly promised to finish the roof but never did. Benjamin next contacted the Margate Police Department to report the activities of Respondent and Janes. On September 3, 1993, Officer Liberatori of the Margate Police Department spoke to Respondent by telephone, and Respondent promised to complete the work within 30 days. However, Respondent did nothing to complete the work. The last inspection performed on the Benjamin project under permit number 11525-R was the dry-in inspection performed on February 8, 1993. Permit number 11525-R expired on July 8, 1993. In December 1993 Benjamin had the project completed by another contractor. On November 16, 1992, Delos and Barbara Johnson entered into a written contract with Respondent to remodel a porch enclosure at the Johnson residence in Coral Springs, Florida, for a contract price of $10,250. The Johnsons made three payments to Respondent: $1,000 on September 28, 1992; $5,000 on November 17, 1992; and $3,000 on December 2, 1992. On October 12, 1992, Respondent applied for a building permit from the City of Coral Springs for the Johnson remodeling. The City of Coral Springs issued permit number 920004472 by and through Respondent's licensure on November 30, 1992. When the City of Coral Springs issues a building permit, it provides with the permit a list of the required inspections. Respondent proceeded with the construction until December 2, 1992, when he received the third payment. Thereafter, Respondent ceased all construction activities on the Johnson project. Shortly thereafter, the Johnsons learned from the Coral Springs Building Department that their remodeling project had failed to pass the required inspections. When they confronted Respondent regarding his failure to obtain the required inspections, he represented to them that he had made a videotape of all the work he performed, that he himself was a building inspector and could inspect his work, and that he could get a special inspector to inspect the project from the videotape. At no time material hereto was Respondent a certified building inspector. Videotaping a construction project in lieu of obtaining required inspections is not permitted under the South Florida Building Code nor is it permitted by the City of Coral Springs Building Department. Of the required nine inspections for the project, Respondent only obtained three inspections. Of those three, he only passed two. Respondent's failure to obtain the required inspections constitutes a violation of the South Florida Building Code, the minimum standard required for any type of building construction in South Florida. A contractor's failure to adhere to that minimum standard causes harm to the public from deteriorating construction. The Johnsons and the City of Coral Springs Building Department gave Respondent an opportunity to obtain and pass the required inspections and complete the construction project. When Respondent declined to do so, the attorney hired by the Johnsons discharged Respondent. The Johnsons had paid approximately 90 percent of the money they had saved for the porch enclosure to Respondent, and they could not afford to continue with the construction project using the services of another contractor until November 1994. Rick Hugins of Hugins Construction Corp., the remedial contractor, needed to pass the required inspections that Respondent had neglected in order to be permitted by the City of Coral Springs Building Department to complete the project. Work that needed to be inspected was concealed by subsequently- installed construction materials which had to be removed in order that the required inspections could be performed. Numerous code violations were discovered in the concealed work. The work performed by Respondent was below industry standards. The Johnsons paid Hugins Construction Corp. $10,000 to correct the code violations, to pass the required inspections Respondent had missed, and to complete the project. Hugins completed the project by January 23, 1995. Respondent has been previously disciplined by Petitioner on charges of assisting unlicensed activity and of failing to notify Petitioner of his current mailing address and telephone number. That discipline included the payment of an administrative fine and an assessment of costs associated with that investigation and prosecution.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding Respondent guilty of the allegations contained in Counts I and III of the Administrative Complaint filed against him in DOAH Case No. 97- 1365, finding Respondent guilty of the allegations contained in Counts I and II of the Administrative Complaint filed against him in DOAH Case No. 97-1368, requiring Respondent to pay restitution to the Johnsons, assessing against Respondent the costs of investigation and prosecution through the time the final order is entered, and revoking Respondent's certification as a general contractor in the State of Florida. DONE AND ENTERED this 10th day of July, 1998, in Tallahassee, Leon County, Florida. LINDA M. RIGOT 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 Filed with the Clerk of the Division of Administrative Hearings this 10th day of July, 1998. COPIES FURNISHED: Dorota Trzeciecka, Esquire Department of Business and Professional Regulation 401 Northwest Second Avenue, No. N-607 Miami, Florida 33128 Edward Conrad Sawyer, Esquire 1413 North 58th Avenue Hollywood, Florida 33021 Rodney Hurst, Executive Director Construction Industry Licensing Board Department of Business and Professional Regulation 7960 Arlington Expressway, Suite 300 Jacksonville, Florida 32211-7467 Lynda L. Goodgame, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
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
Findings Of Fact Respondent has been a certified building contractor in the State of Florida. He held license number CB C033166. The license was first issued on March 7, 1985. As of March 31, 1988, Respondent had not renewed the license, which expired on June 30, 1987. Respondent is not and has never been certified as a contractor with the Orange County Building Department. On June 18, 1987, Respondent and Richard G. Rapagnani entered into a contract for Respondent to add a screen porch onto an existing slab at 8763 Belter Drive, Orlando, Orange County, Florida, which was Mr. Rapagnani's residence. The total contract price was $4013. The contract price was payable $1500 down, $1500 due upon completion of framing, and the balance due in two payments with the final payment due upon completion. Prior to obtaining the contract, Respondent assured Mr. Rapagnani that Respondent would take care of obtaining the necessary building permits for the job and that the job would be of high quality. Respondent began the work without obtaining the necessary building permits. He never obtained any permit or any inspection for the job. In performing the work, Respondent removed part of the existing roof. He placed a plastic sheet over the open area, but failed to affix the plastic so as to prevent rain from penetrating the roof, ceiling, and walls. After installing some posts and rafters, Respondent left the job. When asked numerous times by Mr. Rapagnani to return, Respondent offered various excuses. Respondent claimed that he needed more money and suggested that Mr. Rapagnani purchase some of the necessary materials directly from the suppliers. On July 10, 1987, Mr. Rapagnani paid Respondent $1000. Respondent in turn promised to work on July 17 and 18 with materials that he had recently purchased. However, when Respondent failed to show on July 17, Mr. Rapagnani called him and learned that he had no money left and no materials. Mr. Rapagnani then purchased shingles and skylights, and Respondent returned on July 18 to install them. He never completed the installation of these items, and the shingles and skylights that he did install leaked badly. Over a period of two months, Mr. Rapagnani called Respondent at least 50 to 60 times to request him to finish the job. Mr. Rapagnani paid Respondent a total of $2700 and paid an additional $789 for shingles, skylights, and other materials called for in the contract. In mid-August, Mr. Rapagnani fired Respondent. After hiring another contractor about six months later, Mr. Rapagnani was forced to spend approximately $3000 more to complete the work that Respondent had contracted to do. When the new contractor viewed Respondent's roofing job, the contractor determined that the roof was about to fall down due to faulty workmanship. Respondent had failed to secure the roof to the house. It took two to two and one-half days to correct the problem. While on the job, Respondent caused damage to the house and other property of Mr. Rapagnani. He damaged a window screen adjacent to the work area. He punched a hole through the drywall into the living room. His work on the roof led to water leakage into the bedroom. He dropped shingles onto Mr. Rapagnani's boat, thereby damaging it. He never fixed any of this damage. On October 27, 1987, the Orange County Building Department issued a Notice of Code Violation to Mr. Rapagnani listing 21 violations of the applicable code provisions. All of these violations, including the failure to obtain the necessary permits, were attributable to Respondent. Several of the violations pertained to work affecting the structural integrity of the roof and screen porch.
Recommendation In view of the foregoing, it is hereby RECOMMENDED that a Final Order be entered finding Respondent guilty of deliberately proceeding without a timely permit, deliberately failing to obtain a required inspection, and engaging in the contracting business with an expired license. It is recommended that the Final Order impose an administrative fine of $2500. ENTERED this 20th day of May, 1988, in Tallahassee, Florida. ROBERT E. MEALE 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 Peter Dethlefsen 2190 Glenwood Drive Winter Park, Florida 32792 Peter Dethlefsen 628 Lander Road Winter Park, Florida 32792 Fred Seely Executive Director Construction Industry Licensing Post Office Box 2 Jacksonville, Florida 32201 William O'Neil General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: At all times relevant hereto, respondent, John W. Hull, held certified building contractor license number CB CO28961 issued by petitioner, Department of Business and Professional Regulation, Construction Industry Licensing Board (Board). When the events herein occurred, respondent was qualifying agent for, and doing business as, John W. Hull Construction in Inverness, Florida. On September 15, 1990, respondent entered into a contract with Robert and Mary E. Griggs to construct a single-family residence at 7118 East Gospel Island Road, Inverness, Florida, for an estimated cost of $130,000. The contract called for respondent to be responsbile for all materials and work on the project and to build the residence in compliance with the county building code. In this regard, respondent pulled the permit for the job and was the supervising contractor. The project was completed around mid-May 1991 and a certificate of occupancy was issued by Citrus County (County). After the Griggs paid for the work in full, they took occupancy of the premises on May 17, 1991. On September 21, 1993, the Griggs noticed a water leak in the guest bathroom. Mary Griggs immediately contacted respondent and was told to call the subcontractor who installed the roof, Lloyd Vann. She did so and Vann came to the house the next morning and acknowledged the shingles were installed "incorrectly." He returned on October 4, 1993, and placed some tar under the shingles. While doing so, Griggs says that Vann "ripped a lot of the shingles." When the leaks persisted, including at least seven separate leaks during a single rain storm, Mary Griggs requested two other roofers to inspect her roof. They corroborated Vann's acknowledgment that the roof was "incorrectly" installed. On January 18, 1994, Griggs again contacted respondent and told him she needed a new roof since it violated building code requirements. He responded that there were no building code standards applicable to the roof. Mary Griggs persisted with her complaint and eventually arranged a meeting with a County building inspector, Henry Pann, respondent and Vann on September 30, 1994. However, Griggs was told not to speak at the meeting but rather to listen to the other participants. As a result of that meeting, Mary Griggs was contacted by respondent just after a heavy rain on October 3, 1994, to see if she still had any roof leaks. Not surprisingly, she responded in the affirmative and respondent visited the premises the next day. After concluding that the leaks were caused by water seeping through the sides of the chimney, respondent sealed and repainted the chimney area the following day. On November 15, 1994, the Griggs again experienced "heavy leaks" in their home during a heavy rain storm. After unsucessfully attempting to contact respondent, Mary Griggs finally reached Vann, who eventually replaced some shingles on November 23, 1994. However, as of the time of hearing in late July 1995, the Griggs still had water leaks in their home every time it rained, some of which were "worse" than before any repairs were made. Photographs received in evidence, and deposition testimony by inspector Pann, confirm numerous water stains throughout the house. Inspector Pann established that the roof violated the County's building code in at least four respects. First, the roof was in violation of section 103.2.4 by having inadequate fastener lengths, that is, respondent's agent had used staples instead of large head galvanized nails as required by the code. Thus, the fasteners could not penetrate through the shingle and into the lumber deck. Second, section 103.2.3 was contravened because the rakes and eaves were not cemented. Third, section 100 was violated because the drip edge was applied over the felt topping, a procedure which also contravened the manufacturer's specifications. Finally, the roof workmanship violated sections 100 and 100.1 by having an improper staple installation. The manufacturer of the asphalt shingles used on the Griggs' roof, Georgia-Pacific, has published a brochure containing easily understood instructions on how to install asphalt shingles. Even so, Vann ignored these plain instructions in a number of respects when he installed the Griggs' roof. For this reason, it can be reasonably inferred that respondent, through his agent Vann, deliberately violated local building codes. To correct the code violations and eliminate the leaks, and to make the roof comparable to that which the Griggs contracted for, it will be necessary for the Griggs to replace the roof, which will cost $7,020.00. In addition, it will cost the Griggs $500.00 to seal and paint the ceiling areas discolored by the leaking water. Respondent says that when the roof was installed in 1991, he followed applicable building codes "as much as they were being followed" at the time. While he defended his roofing subcontractor as being "a very reputable roofer," respondent nonetheless took the position that the roof was Vann's responsibility "to make good," and not his. He does not deny that the Griggs' roof is leaking, but says the leaks are "very small" and suggests that the Griggs' claims are exaggerated. At hearing, respondent suggested that the problem could be resolved by Mary Griggs calling Vann, who would "be there within a day or two" to make the repairs, a claim belied by the record. In any event, respondent is unwilling to replace the entire roof, a measure deemed to be necessary by the County inspector and other contractors. In light of respondent's continued failure to take appropriate measures to fix the roof, it is found that respondent is guilty of misconduct in the practice of contracting. Through a late-filed affidavit, petitioner established that it incurred $3,012.18 in costs in prosecuting this action. This amount was not challenged. By law, the Board is entitled to recover this amount from respondent should it prevail in this proceeding.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Construction Industry Licensing Board enter a final order finding respondent guilty of violating Sections 489.129(1)(d) and (m), Florida Statutes (Supp. 1990), imposing an administrative fine of $2,250.00, requiring that he pay restitution in the amount of $7,520.00, and requiring that he pay $3,012.18 for costs incurred by the Board in investigating and prosecuting this action. The fine, restitution and costs shall be repaid by a date certain to be established by the Board. DONE AND ENTERED this 8th day of September, 1995, in Tallahassee, Florida. DONALD R. ALEXANDER 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 8th day of September, 1995. APPENDIX TO RECOMMENDED ORDER, CASE NO. 95-0541 Petitioner: The proposed findings submitted by petitioner have generally been adopted in substance in this Recommended Order. COPIES FURNISHED: Gary L. Asbell, Esquire Dept. of Business and Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-0792 Mr. John W. Hull 95495 Berkshire Avenue Inverness, Florida 34452-9005 Richard Hickok, Executive Director Construction Industry Licensing Board 7960 Arlington Expressway, Suite 300 Jacksonville, Florida 32211-7467 Lynda L. Goodgame, Esquire Dept. of Business and Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-0792
