Largo, Florida, September 13, 2016

Transcription

1 Largo, Florida, September 13, 2016 The regular bimonthly meeting of the Pinellas County Construction Licensing Board (PCCLB) was held in the Board Conference Room, Belcher Road, Suite 102, Largo, Florida at 1 :30 P.M. on this date. Members Present: MEMBERS Paul J. Skipper, Chair Thomas Tafelski, Vice-Chair Bruce Cooper Rick Dunn Larry Goldman Alan Holderith James "Arry" Housh Jack Joyner James Rosenbluth Steve Gleaton Stephen Lee RobMaslo Mike Rodde Steve Strong Gerald H. White CLASSIFICATION Building Building General Contractor Roofing Contractor Mechanical Building Specialty Structure Plwnbing Fire Marshal Fire Marshal Electrical Not Present: Thomas Burket Kevin Garriott Danny Sandlin Peter Vasti Fritz Wolf General Contractor Conswner Residential Also Present: Rodney S. Fischer, Executive Director Brendan Mackesey, Assistant County Attorney Anne L. Maddox, Department Administrative Manager Other interested individuals Jenny Masinovsky, Board Reporter, Deputy Clerk 1

2 Pledge of Allegiance/Roll CalVSwearing In The meeting was called to order at 1 :30 P.M. by Chair Skipper; whereupon, he led the Pledge of Allegiance and administered the Oath to persons planning to give testimony. Mr. Fischer conducted the roll call of the members and confirmed the presence of a quorum. I. PUBLIC HEARINGS 1. Local Technical Amendments Mr. Fischer indicated that the following technical amendments to the Florida Building Code Fifth Edition (2014) were recommended for approval by the Board of Adjustment and Appeals: I. Florida Building Code Building Section 2701 I NFPA 70 National Electrical Code (NEC) 2011 Article (B). Mr. White explained the amendment, indicating that it provides clarification to the existing code with regard to not requiring Arc Fault Circuit Interrupter (AFCI) protection in cases where the extension of the existing conductors is not more than 6 feet and no other outlets or devices are added, which would lift a great financial burden off electrical contractors and homeowners; whereupon, after a brief discussion, Mr. Fischer indicated that the amendment has been incorporated into the NEC 2014 code; and that it is being added to NEC 2011, which is the currently used code in Pinellas County. No one appeared in response to the Chairman's call for citizens wishing to be heard; whereupon, he closed the public hearing. Mr. Joyner moved, seconded by Mr. Tafelski, that the amendment be approved. Upon call for the vote, the motion carried unanimously. 2. Florida Building Code Residential Section (404.15) and Fuel Gas Section , Outlet Closures. Mr. Fischer provided background information regarding the amendment, indicating that it relates to capping gas outlets which do not connect to appliances, installing shutoff valves at the time of connecting an appliance to 2

3 an outlet, and a weatherproof label pertaining to an inspection/permit requirement. During discussion and in response to queries by the members, Mr. Fischer indicated that the recommendation for the amendment came from Clearwater Gas and was triggered by a question raised by the Tarpon Springs Building Department; that the Board of Adjustment and Appeals passed the recommendation unanimously and the adoption of the amendment is up to the Board; and that a commentary regarding the amendment is included in the backup materials; whereupon, the members expressed their concerns regarding safety associated with not having the shutoff valves on the outlets until the time of appliance installation and ineffectiveness of a label, and Mr. Fischer suggested having an expert presentation regarding the amendment at the next Board meeting. No one appeared in response to the Chairman' s call for citizens wishing to be heard; whereupon, he closed the public hearing. Mr. Cooper moved, seconded by Mr. Gleaton, that the amendment be tabled for further information. Upon call for the vote, the motion carried unanimously. 2. Citation Fine Schedule Mr. Fischer indicated that the Board will be allowed to raise the citation limit for unlicensed contractors from $500 to $2,000 pursuant to the new County ordinance incorporating the $2,000 maximum amount allowed by State Statute, and requested that the members review the proposed citation fine schedule included in the backup. During discussion and in response to queries by the members, Mr. Fischer indicated that the ordinance was approved by the Board of County Commissioners (BCC); that the proposed citation schedule resembles the State' s format for establishing levels of fines; that the State has different parameters for unlicensed contracting which allow for a maximum of $10,000; that violations which are more egregious and involve consumer harm reflect larger fines than routine violations; and that while $2,000 is the maximum amount that can be charged by the Board, a Special Magistrate has the ability to increase that amount by another $500, as well as dismiss the case. Attorney Mackesey indicated that the ordinance was received extremely well by the BCC; that it is consistent with the State law and should deter 3

4 unlicensed contracting and increase efficiency of the Board; and that it went into effect shortly after it was filed with the Department of State upon BCC approval; whereupon, he and Mr. Fischer discussed the absence of time limitations in the ordinance, noting that a fine can be charged per violation. No one appeared in response to the Chairman's call for citizens wishing to be heard; whereupon, he closed the public hearing. Mr. Goldman moved, seconded by Mr. Dunn, that the citation fee schedule be approved as recommended by staff. Upon call for the vote, the motion carried unanimously. * * * * Mr. Rosenbluth left the meeting at 1:50 P.M. * * * * II. CONSENT AGENDA -APPROVED Mr. Fischer presented the Consent Agenda items as follows: A. Minutes for PCCLB meeting of May 17 and July 12, B. Examining Committee Reports - July and August C. Special Magistrate Minutes - July 26, D. Stipulations (Section (3), Florida Statutes): Stipulations were reached regarding the following cases and recommendation by the Executive Director would be to enter a Final Order as follows: Approve and adopt the terms and conditions of the Stipulation. If the terms and conditions of the Stipulation have not been complied with or satisfied within 30 days of a final order, a fine may be assessed up to $1,000 for each case and license/registration will be suspended. 1. Manuel Nieves/A

5 E. The following cases were forwarded to the PCCLB from various building departments for disciplinary action by the Board due to expired permits and were not resolved within the requested 30 days after notification by the Board. The cases were then presented to the Probable Cause Committee whereby probable cause was found and an Administrative Complaint was served upon each of the following cases, and violations remain. The contractors have been notified of the hearing, and the recommendation by the Executive Director is to accept the allegations as filed in the Administrative Complaint as findings of fact and to enter a Final Order as follows: Reprimand for permit violation; Fine of $500; Administrative fees and costs; and Immediate suspension of license/registration of all respondents not appearing for today' s hearing under Agenda Item El, Expired Permit Violations Spreadsheet. EXPIRED PERMIT VIOLATIONS SEPTEMBER 13, 2016 BOARD MEETING 1. Robert Edward Bussa A William G Hager A Batr Noronow A Christopher T Leibfreid A Dennis D Devine A Gustavo Lopez A Brian K Scott A Robin J Smith A Stanley Souvenir A Leroy Leon Baker A Michael John Derosa A Paul Frederick Hloska A Taso Provatas A Michael Ray Johnson A Eric Mailhot A Matthew Anthony Calabro A Taso Provatas A Gregory Lloyd Wallace A Taso Provatas A

6 20. Bernard Anamuah-Mens A Benjamin E Robinson A Thomas Merle Lippert A Thomas Merle Lippert A Corey J Dickerson A Thaddeus J Zukowski A F. Financial Reports: BCC Balance Sheet, BCC Revenue and Fund Balance Report, and Budget Expenditure and Encumbrance Reports for July and August After consideration and upon motion by Mr. White, seconded by Mr. Gleaton, the Board unanimously accepted/approved the Consent Agenda. All stipulations are Final Orders of the Board in accordance with Section (3), Florida Statutes. III., REGULAR AGENDA A. The Board conducted informal administrative hearings in accordance with Section (2), Florida Statutes. The respondents elected informal hearings, defaulted by not executing an Election of Rights, or failed to respond and were therefore scheduled for informal hearings by the Board to resolve the complaints. The actions taken are Final Orders of the Pinellas County Construction Licensing Board. Rodney S. Fischer appeared in the cases for the petitioners. 1. Robert Deins, a Finish Carpentry Contractor, did not appear and was not represented by counsel in the case of Administrative Complaint Al Mr. Fischer provided background information, indicating that the case relates to working outside of licensure scope, financial mismanagement, misconduct, permitting violations, workers' compensation insurance violation, and willful and deliberate disregard and violation of the applicable building codes, laws of the State, rules of the Board, and rules, regulations, or ordinances of Pinellas County. He noted that the respondent hired unknown subcontractors whose license status is also unknown, and abandoned the job; whereupon, he read the staff recommendation into the record. Responding to query by Chair Skipper, Mr. Fischer indicated that the respondent was notified of the administrative complaint and hearing, and staff received proof of the notice delivery. Following discussion and upon motion 6

7 by Mr. Tafelski, seconded by Mr. Cooper, the Board voted to accept the allegations of Administrative Complaint Al as Findings of Fact and concluded that the respondent violated Sections , , , (1), (2), (4), and (1)(g)G)(k)(m)(n), Florida Statutes; and Section 24(2)(d)(g)(h)G)(k)(l)(m), Chapter , Laws of Florida, as amended, and imposed the following penalty: (a) (b) Settlement in the amount of $1,000 plus administrative costs is assessed for Administrative Complaint Al5-1800; Suspension of the respondent's license; however, the suspension is stayed and will be a one-year probation if the respondent pays the settlement plus costs and provides proof of a resolved complaint within 30 days. 2. Corey J. Dickerson, a Roofing Contractor, did not appear and was not represented by counsel with regard to Administrative Complaint A Mr. Fischer provided background information, indicating that the case relates to failure to satisfy a judgement, working outside of licensure scope, financial mismanagement, misconduct, abandonment, permitting violation, and disregard and violation of the applicable building codes, laws of the State, rules of the Board, and rules, regulations, or ordinances of Pinellas County; that plaintiff El Pasado Condominium Association, Inc. filed a judgement against Mr. Dickerson due to his non-response to requests for completion of work or reimbursement and was awarded a judgement in the amount of $16,158 representing the $15,700 in actual damages and $458 in costs; that the litigation is ongoing; and that the complaint was forwarded to the PCCLB by the Florida Department of Business and Professional Regulation; whereupon, Mr. Fischer read the staff recommendation into the record. Responding to queries by Messrs. Fischer and Tafelski, Attorney Mackesey confirmed that a case can be appealed to the District Court of Appeals after a judgement is issued and indicated that the Board has the ability to take action for an unsatisfied judgment under both Special Act and general law; and that action should not be withheld even if the case were under appeal; whereupon, Mr. Fischer noted that the case includes several counts besides failure to satisfy a judgment, and Ms. Maddox indicated that the respondent's license has already been suspended in a previous case. 7

8 Following discussion and upon motion by Mr. Goldman, seconded by Mr. Gleaton, the Board voted to accept the allegations of Administrative Complaint A as Findings of Fact and concluded that the respondent violated Section 104, Florida Building Code Building, Sections (1)(h), (2), (4), (1)(g)(i)(m)(o)(q), and (1), Florida Statutes; and Section 24(2)(d)(g)(h)(m)(n), Chapter , Laws of Florida, as amended, and Section 22-14, Pinellas County Code, and imposed the following penalty: (a) (b) Settlement in the amount of $6,000 plus administrative costs is assessed for Administrative Complaint Al6-132; Suspension of the respondent's license; however, the suspension is stayed and will be a one-year probation if the respondent pays the settlement plus costs, provides proof of a resolved complaint within 30 days, and satisfies the outstanding judgement plus costs. 3. Robert A. Mueller, a Residential Pool Contractor, did not appear and was not represented by counsel with regard to Administrative Complaint A Mr. Fischer provided background information and noted that the case relates to aiding and abetting an unlicensed person, unfinished work, defective workmanship and damage, financial mismanagement, and failure to provide workers' compensation, which is generally assumed in cases of aiding and abetting unlicensed person(s); whereupon, he read the staff recommendation into the record. Responding to query by Chair Skipper, Mr. Fischer indicated that while proof of the notice delivery was received, the respondent has not contacted staff in response to notification of the administrative complaint and hearing. Upon motion by Mr. White, seconded by Mr. Rodde, the Board voted to accept the allegations of Administrative Complaint A as Findings of Fact and concluded that the respondent violated Sections , , , (2), (4), and (1)(d)(g)(k), Florida Statutes; and Section 24(2)(d)(e)(h)G)(I), Chapter , Laws of Florida, as amended, and Section (b )( 5), Pinellas County Code, and imposed the following penalty: 8

9 (a) (b) Settlement in the amount of $1,000 plus administrative costs is assessed for Administrative Complaint A16-125; Suspension of the respondent's license; however, the suspension is stayed and will be a one-year probation if the respondent pays the settlement plus costs and provides proof of a resolved complaint within 30 days. IV. MISCELLANEOUS CORRESPONDENCE AND REQUESTS A. Old Business - None. B. New Business: Board Appointments for the term 2016 to 2018 Mr. Fischer and Ms. Maddox provided information regarding Board appointments, indicating that all current members would be reappointed and a new architect will be appointed upon BCC approval; and that an update will be provided at the next meeting. C. Miscellaneous Correspondence: Referring to his letter to Mr. Fischer dated September 12, 2016, Attorney Mackesey discussed the applicability of the amendments to Florida Statutes enacted by Florida House Bill 535 (2016) to the Board, indicating that most likely the Board will be able to continue charging registration fees to state-certified contractors to work in Pinellas County, and Mr. Fischer provided background information regarding the bill, noting the significance of charging the $35 fee, which has not been increased in years, for a small agency like PCCLB; and that it is a small fee in comparison to what other counties charge, and discussion ensued. D. Citizens to be Heard: Kevin Wells, Case No. A Referring to a prior administrative complaint, Mr. Wells indicated that he is experiencing a hardship because the homeowner is unwilling to grant him the release necessary to reinstate his license. 9

10 Responding to queries by Chair Skipper, Mr. Wells related that he has not paid the fine charged as a result of the complaint nor resolved the issue to the homeowner's satisfaction, and Mr. Fischer provided details of the complaint and confirmed that the license remains suspended until a fine is paid and the complaint is resolved; whereupon, Chair Skipper advised Mr. Wells that the Board has previously ruled on the complaint and cannot revisit it at this time; that he needs to comply in order to get his license back; and that he should contact Mr. Fischer regarding a resolution or any other issues. Christopher T. Leibfreid, Case No. A (Consent Agenda) Mr. Leibfreid provided background information regarding the case, indicating that it relates to a permit issued to demolish a shed; and that he disagrees with issuance of the permit, as well as the fine which he was subsequently charged for not closing the permit prior to its expiration. During discussion, the members indicated that a permit to demolish the shed had to be issued by the County, as leaving the shed on the property would have been a zoning violation; that the matter should have been addressed with Mr. Leibfreid's client; and that any open permit must be closed. Mr. Fischer noted that while the original amount of fine was $300 had it been resolved prior to the hearing, it was raised to $500 plus costs pursuant to Board action earlier in the meeting; whereupon, Mr. Tafelski moved, seconded by Mr. Dunn, that Mr. Leibfreid be allowed to resolve the matter by a payment of $300, and upon call for the vote, the motion carried unanimously. VI. ADJOURNMENT The meeting was adjourned at 2:38 P.M. Chair 10