Findings Of Fact At all times material hereto, Respondent was licensed by the Construction Industry Licensing Board as a registered roofing contractor (RC- 0034055), building contractor (CB-C033206), and certified roofing contractor (CC-C035625). At the time of hearing, license RC-0034055 had expired and was no longer in effect. Although Petitioner introduced a "certification of licensure", executed by its custodian of records which purports to establish prior disciplinary action by the Construction Industry Licensing Board against Respondent, said certification references license number CG-C024378. There is no documentation in the record to establish that Respondent has license number CG-C024378, and in any event if this is, in fact, his license, this case does not involve license number CG-C024378. The records' custodian was not present to testify or to be cross-examined, and therefore this apparent discrepancy in the certification is unexplained. Further, the only documentation introduced to support prior disciplinary action by the Board against one of Respondent's licenses, is a certified copy of an order dated August 7, 1985 (Case No. 0051210), but this case involves license RC-0034055, which expired in July 1987 and is no longer in effect. Therefore, it has not been established by evidence in this record that Respondent has previously been subject to disciplinary action by the Construction Industry Licensing Board concerning his current valid licenses, CB- C033206 and CC-C035625. Respondent was the qualifying agent at all times material hereto, of Unique Construction, Inc., 1302 North Clearview Avenue, Tampa, Florida. On February 25, 1986, George Katsarelis entered into a sales contract with Unique Construction, Inc., to reroof his entire house at 6 Venetian Court, Tarpon Springs, Florida. Respondent was not present when the contract was executed, and had not met Katsarelis at the time work commenced on the job. Katsarelis specified to the salesman representing Unique Construction, Inc., that he wanted to be sure all required local permits were pulled for this job. Work on the Katsarelis roof began within only a few days of the execution of the sales contact. Crews from Unique Construction tore off approximately 80% of the Katsarelis roof before a City of Tarpon Springs building inspector stopped work on the job because no permit had been obtained. Thereafter, it took two days for Unique to put a temporary cover over Katsarelis' uncovered roof while a permit was being obtained. A permit was finally obtained on March 19, 1986, and the work was completed. Katsarelis paid Unique Construction, Inc., $7,000, the full contract amount, for reroofing of his home. Between February 25, 1986, and December 1987, Katsarelis had to repeatedly call Unique Construction since his roof leaked every time it rained. A ten foot ceiling section in his Florida room eventually caved in due to these leaks. In December 1987, Respondent came to Katsarelis' home for the first time and decided to reroof the whole house for a second time. No additional payment was required or made by Katsarelis for this second reroofing job. After a hard rain in April 1988 his roof again leaked, and within a week prior to hearing, Respondent made a third attempt to correct Katsarelis' leak problem. According to expert testimony and evidence offered at hearing by Owen Baynard, who was accepted as an expert in roofing, work performed by Unique Construction on the Katsarelis roof was incompetent and the result of a lack of proper supervision of the work crews by the qualifying agent, Respondent. The job fails to meet the standards of local building practices. There was improper and insufficient preparation of the roof surface, a lack of adequate adhesive, nailing, and mopping to meet Sections 101, 107, 109 and 113 of the Southern Standard Building Code Roof Coverings standards, applicable in this case. The only way to remedy Katsarelis' continuing leak problem is to completely redo all work done by Unique Construction on his roof, and completely reroof his house in a workmanlike manner. As qualifying agent for Unique, Respondent was responsible for beginning work on Katsarelis' roof without obtaining or assuring that someone else had obtained a local permit for the job. A permit was not posted on the site when this work began, in violation of local building code requirements. Respondent failed to obtain required local building department inspections on the job. Respondent's actions on the Katsarelis job, as qualifying agent and in actions taken personally on two occasions to correct continued leakage, were incompetent and of substandard quality. On December 17, 1986, Lawrence E. Burkett entered into a sales contract with Unique Construction, Inc., to reroof his home on 62nd Avenue, N.E., in St. Petersburg, Florida. Work commenced shortly after this contract was executed, and upon completion Burkett paid Unique $3,657, the contract amount. Respondent admits that leaks continued to exist in Burkett's roof for nine or ten months after Unique's crews worked on his roof. Finally, on September 16, 1986, Unique's crew replaced a section of roof and this corrected the leaking. In an attempt to correct or prevent damage from leakage, Unique's crews installed pans between Burkett's drop ceiling and the roof to catch water which was leaking into his Florida room. A permit was not posted on the Burkett job, but the record does not establish whether a local permit for this job was required to be posted. On or about February 23, 1987, Respondent was issued a letter of reprimand by the United Construction Trades Board of the City of Tampa. However, no action was taken against his local certificate. This reprimand resulted from a roofing job performed by Respondent on the home of Gerald T. Minnick in late 1986. Repeated attempts by Respondent to correct leakage in the Minnick roof failed.
Recommendation Based upon the foregoing, it is recommended that the Construction Industry Licensing Board enter a Final Order suspending Respondent's licenses numbered CB-C033206 and CC-C035625 for a period of six (6) months and imposing an administrative fine of $2,500; provided that after the expiration of thirty (30) days from the issuance of the Final Order if Respondent pays said fine in full, his license shall be immediately reinstated. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 5th day of August, 1988. DONALD D. CONN Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1050 Filed with the Clerk of the Division of Administrative Hearings this 5th day of August, 1988. COPIES FURNISHED: David Bryant, Esquire 220 East Madison Street Tampa, Florida 33602 William E. Whitlock, III, Esquire 116 East 3rd Avenue Tallahassee, Florida 32303 Fred Seely, Executive Director Department of Professional Regulation Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32201 William O'Neil, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 =================================================================
The Issue Whether the Respondent committed the violation alleged and, if so, what penalty should be imposed.
Findings Of Fact The Petitioner is the state agency charged with the responsibility of regulating building code administrators and inspectors. At all times material to the allegations of this case, the Respondent was either an applicant for licensure or held a building inspector license, license number BN 0002765. At all times material to this case, the Respondent was employed by the Martin County Building Department as a Building Inspector. Harriet R. Edwards owns a residence located at 2595 Hickory Avenue, Jensen Beach, Florida. This home is located in Martin County, Florida. At some point in early 1996, it became Ms. Edwards' desire to construct an addition to her residence. She retained a contractor to perform the work and returned to Ohio during the time of the construction. When Ms. Edwards returned to Florida she was dissatisfied with the quality of the work. Mr. Joyce, Ms. Edwards' friend, expressed that they had expressed a desire for, and requested only, a high quality of work for the addition to Ms. Edwards' home. Upon investigation it was discovered that the permit card located at the construction site had been initialed by the Respondent. All of the inspections listed on the permit card occurred prior to December 17, 1996. The Respondent was issued a provisional license to perform building inspections on or about December 17, 1996. All of the inspections initialed by the Respondent had been performed by another inspector employed by the Martin County Building Department, Bobby T. Chambers. Mr. Chambers was fully licensed at the times of the inspections and acted as the Respondent's training supervisor. The Respondent accompanied Mr. Chambers during a training period during which time Mr. Chambers was to instruct the Respondent in the procedures and practices of the Martin County Building Department. At all times material to the allegations of this complaint, the Martin County Building Department allowed unlicensed employees to assist its inspectors at construction sites. Such employees were authorized to initial permit cards and to radio to the main office the information regarding inspections performed at the job sites. Because of this informal and haphazard reporting system the official records maintained by the County falsely reflected that the Respondent had performed the inspections listed in this Administrative Complaint. He did not. The records were maintained inaccurately. By initialing the permit card and transmitting the information to the County, the Respondent was performing his duties as an employee-in-training and as directed by his supervisors. The Respondent did not intend to mislead officials and did not intend to file a false report required by law. As a result of the flawed training system used by the Martin County Building Department, this Respondent initialed permit documents prior to licensure.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation, Building Code Administrators and Inspectors Board, enter a final order dismissing the Administrative Complaint against this Respondent. DONE AND ENTERED this 23rd day of October, 2000, in Tallahassee, Leon County, Florida. J. D. Parrish Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 23rd day of October, 2000. COPIES FURNISHED: Dorota Trzeciecka, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399 Michael A. Rodriguez, Esquire County Attorney's Office 2401 Southeast Monterey Road Stuart, Florida 34996 Leif Grazi, Esquire LAW OFFICES OF GRAZI & GIANINO, P.A. 217 East Ocean Boulevard Stuart, Florida 34995 Anthony B. Spivey, Executive Director Building Code Administrators and Inspectors Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Barbara D. Auger, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue The issues presented are whether Respondent signed and sealed negligent drawings for one single-family residence and provided plan review certification for two other projects designed by Respondent in violation of Subsections 471.033(1)(g) and 553.791(3), Florida Statutes (2002), and Florida Administrative Code Rule 61G15-19.001(6)(n).1
Findings Of Fact The Board of Professional Engineers (Board) is charged with regulating the practice of engineering pursuant to Chapter 455, Florida Statutes. Section 471.038, Florida Statutes, authorizes Petitioner to provide the Board with administrative, investigative, and prosecutorial services. Respondent is licensed in the state as a professional engineer pursuant to license number PE 54476. It is undisputed that Respondent is a private provider within the meaning of Subsection 553.791(1)(g), Florida Statues. On October 29, 2002, Respondent signed and sealed drawings for a single-family residence identified in the record as the Barnes residence. It is less than clear and convincing that the drawings for the Barnes residence are deficient. The testimony of Respondent's expert witness was credible and persuasive. The applicable standard of care does not require the relevant drawings to include multiple ridge heights in order to describe the nature and character of the work to be performed with sufficient clarity. It is less than clear and convincing that the ridge heights in the drawings are unequal. Additional ridge height information would have been non-critical information that may have been interpreted as specific construction requirements and lead to confusion, added costs, conflicting interpretations, and potential hazards in buildings. It is less than clear and convincing that the drawings for the Barnes residence insufficiently show heights of the eaves or lintels and sills. The plans can be easily understood by tradesmen and inspectors. The typical wall section at page 4 of the plans addresses eaves, lintels, and sills. The ridge height requirements in Manatee County, Florida (the County), are intended to ensure compliance with maximum height restrictions. The mean heights in the drawings adequately address the maximum local height ordinances. It is less than clear and convincing that the roof entry plan provided insufficient clarity. The roof was constructed according to the local code requirements without apparent exception. The evidence does not support a finding that the roof entry plan, the ridge heights, lintels, eaves, and sills were insufficiently clear to describe the nature and character of the work to be performed. Clear and convincing evidence does not support a finding that the wind uplift for roof trusses in the plans was incorrect or unclear. If the wind load calculations were found to be deficient, the specified fittings were sufficient to withstand wind loads that exceeded the calculations of Petitioner's expert by approximately 70 percent. Wind load calculations are intended to ensure a roof will sustain the load and will not blow off of the house. The fittings were sufficient to secure the roof against the projected wind load. Clear and convincing evidence does not support a finding that the drawings failed to specify the applicable masonry inspection requirements. The evidence is less than clear and convincing that special masonry inspections are required for single-family residences of two stories or less. A masonry inspection is required for such structures when a building inspector finds a need for such an inspection. It is less than clear and convincing that the drawings fail to adequately specify the splice lengths of the bond beam reinforcement for tension, compression, intersections, and corners. The requisite evidence does not support a finding that the plans deviate from the standard of care in the community. Clear and convincing evidence does not support a finding that Respondent failed to comply with applicable soil condition requirements. The County did not require soil conditions on plans at the time Respondent drew the plans. From sometime in the 1940s through November 2003, the County permitted engineers to assume soil conditions with a ground load of 2000 pounds per square foot. Respondent drew the plans for the Barnes project in 2002. The testimony of Petitioner's expert does not relate to facts in evidence. The expert did not know County allowances for soil conditions at the time Respondent drew the plans. The evidence is less than clear and convincing that the design of the concrete footings cannot be verified from the plans. Nor does the requisite evidence support a finding that the plans do not specify reinforcement of the thickened edge under a load bearing wood stud wall at the garage. The plans include two reinforcement specifications for the thickened edge under the load bearing wood stud wall at the garage. The specifications include welded wire mesh and reinforced steel bars. Clear and convincing evidence does not support a finding that Respondent supplied or submitted the Barnes plans for permit. Without such a finding, Respondent was not required to prepare, submit, or seal a site plan. A site plan for the Barnes residence exists in the file of the County Building Department (Department). A Department representative confirmed that the site plan is sufficient and that an engineer of record is not required to prepare, submit, or seal a site plan unless the engineer of record actually submits the plans for a permit. On February 24 and March 7, 2003, Respondent signed and sealed drawings for respective projects at 14815 Coker Gully Road, Myakka, Florida (the Coker project), and 705 50th Avenue, Plaza West, Bradenton, Florida (the Yonkers project). Pursuant to Section 553.791, Florida Statutes, Respondent entered into a contract with an entity identified in the record as Griffis Custom Homes (Griffis) to provide either building code plans or inspection services, or both. Prior to the commencement of the two projects in question, the Department expressly permitted an engineer to provide building code inspection services involving buildings designed or constructed by the engineer. Respondent prepared private provider affidavits, obtained additional insurance, had forms made, and prepared to provide inspections services. Respondent immediately ceased his activities when Department officials objected to Respondent's stated intention of providing "private provider" building code inspection services for the Coker and Yonkers projects. The separate owners of the two projects withdrew their applications as "private provider" projects. The Department processed the projects, performed all inspections, and issued a certificate of occupancy for each project. Neither the Department, Petitioner, nor the Board, ever served Respondent with a Notice of Non-compliance. If it were found that Respondent committed the alleged violation, the violation was minor. There is no evidence of any economic or physical harm, or significant threat of harm, to a person or to the health, safety, or welfare of the public. There is no evidence that Respondent has any prior discipline against his license.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a final order finding Respondent not guilty of the alleged violations. DONE AND ENTERED this 2nd day of May, 2006, in Tallahassee, Leon County, Florida. S DANIEL MANRY 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 2nd day of May, 2006.
The Issue The issue is whether Petitioner's application for licensure should be granted or denied.
Findings Of Fact Petitioner filed applications with the Department of Business and Professional Regulation (DBPR) for a provisional plans examiner license and a standard building plans examiner license.1/ The Board of Building Code Administrators and Inspectors (Board), which is part of DBPR, is the state agency charged with certification of building code administrators, plans examiners, and building code inspectors, pursuant to Chapter 468, Florida Statutes. Accompanying her applications were: a statement of educational history; an affidavit from her then current employer, Robert Olin of the Orange County Building Division; an "Experience History" page; and notarized statements from two construction companies listed on the Experience History page, JE Activities Construction Managers, Inc., and BFC Construction Corp., regarding Petitioner's employment with those companies. DBPR reviewed her applications and sent her two letters dated August 9, 2005, both of which read in pertinent part as follows: If you are using your education as experience, you will need to have an official transcript sent from your institution. Have them send it to attention building codes, CIU. (There's no need to send the one for the psychology coursework, only the engineering.) The paperwork you sent from New York is not sufficient. You will need to use the affidavit form in your packet, such as Mr. Olin used. They need to fill out the form completely (please note it does not have to be notarized.) The affidavits must be filled out by a state licensed architect, engineer, contractor or building official (see application instructions.) They must include their state license number and tell what the license is (i.e. general contractor). If they are one of these professions but are not licensed in New York because it is not necessary in that state, they need to send a separate letter so stating, which is notarized. You need to send a new experience history page which includes your position in Orange County. (emphasis in original) Additionally, the August 9, 2005, letter regarding her application for a provisional license advised Petitioner the following: Please be advised that in order to be eligible for provisional license, you must be hired into the position of a building plans examiner. . . . You will need to send a new affidavit from your CBO stating that you have been hired into the position, and the effective date of such hire. (Please see Rule 61G19-6.012(6) showing you are eligible to perform the duties of a building plans examiner when hired for a period of 90 days from the date of submission of the application for provisional licensure) under direct supervision of a CBO. . . . Petitioner responded to the August 9, 2005, letters by supplying the requested documentation. Specifically, Petitioner provided a revised affidavit from Robert C. Olin, Manager/Building Official with the Orange County Building Division, which stated as follows: Ms. Georges was hired as a Plans Examiner on 6/13/05. She is applying for her Provisional Plans Examiner License and also to take the Building Plans Examiner exam. Presently her responsibility is to complete her training for the position of Plans Examiner, and to obtain a Provisional, and then a Standard Plans Examiner License. Petitioner also provided a revised Experience History page which included her position in Orange County listing the dates of employment as June 13, 2005 to present. Further, Petitioner provided revised statements/affidavits, on the affidavit form specified in the August 9, 2005, letter to Petitioner, regarding her work experience in New York. One of the affidavits was written by Ernest Jochen, vice president of JE Activities, Inc., who listed her dates of employment as February 2003 to June 2005, and her years of supervisory experience as "2 years 3 months." The other affidavit was written by Garfield Stewart, Senior Project Manager, of BFC Construction Corp., who listed her dates of employment as May 2000 to January 2003, and her years of supervisory experience as "2 years 8 months." The substance of the original statements of Mr. Jochen and Mr. Stewart regarding Petitioner's work experience was essentially the same as in the revised affidavits. The revisions were of a technical nature only, i.e., on the correct forms. Petitioner's work experience in these jobs, i.e., managing gut renovations of city-owned multi-family apartment buildings, is in the field of construction. Petitioner also ordered an official transcript from Polytechnic University in Brooklyn, New York, which was received by Respondent on October 5, 2005. The transcript indicates that Petitioner attended Polytechnic University from the fall of 1996 through the fall of 2000, earning 123.50 credits over four years with a major in Civil Engineering. The Board denied Petitioner's applications at a meeting held on December 9, 2005, and issued the Notice of Intent to Deny on January 4, 2006. Subsequent to issuance of the Notice of Intent to Deny,2/ Petitioner provided separate letters from Mr. Stewart and Mr. Jochen which read as follows: A license to complete gut renovations on multi-family structures is not required in the State of New York. The firm is only required to be bonded and insured. Although Petitioner was employed by Orange County at the time she submitted her applications and for several months thereafter, she explained at hearing that she left her employment with Orange County in June 2006, and was employed there for exactly one year. This meant at the time she made application, Petitioner was employed by an agency of government, but not at the time of hearing.
Recommendation Upon consideration of the facts found and the conclusions of law reached, it is RECOMMENDED: That a final order be entered denying Petitioner's application for provisional certification as a building plans examiner, and granting Petitioner's application for standard certification as a building plans examiner, thus allowing her to sit for the standard certificate examination. DONE AND ENTERED this 24th day of August, 2006, in Tallahassee, Leon County, Florida. S BARBARA J. STAROS 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 24th day of August, 2006.
