06-001508 Jazlyn Georges vs. Board Of Building Code Administrators And Inspectors Status: Closed Recommended Order on Thursday, August 24, 2006.

Summary: Petitioner no longer meets the requirements in the Rule for a provisional certificate. However, she does meet all the requirements to sit for the standard certification examination.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JAZLYN GEORGES, )

)

Petitioner, )

)

vs. ) Case No. 06 - 1508

)

BOARD OF BUILDING CODE )

ADMINISTRATORS AND INSPECTORS, )

)

Respondent. )

)

RECOMMENDED O RDER

Pursuant to notice, a formal hearing was conducted in this

case on July 13, 2006, in Deland, Florida, before Barbara J.

Staros, Administrative Law Judge with the Division of

Administrative Hearings.

APPEARANCES

For Petitioner: Jazlyn Georges , pro se

705 Arlene Drive

Deltona, Florida 32725

For Respondent: Jeffrey D. Jones, Esquire

Department of Legal Affairs

The Capitol, Plaza Level 08

Tallahassee, Florida 32399 - 1050

STATEMENT OF THE ISSUE

The issue is whether Petitioner's application for licensure

should be granted or denied.

PRELIMINARY STATEMENT

On January 4, 2006, Respondent, Board of Building Code

Administrat ors and Inspectors, issued a Notice of Intent to Deny

Petitioner's applications for provisional and standard

certification as a building plans examiner. The reason for the

denial as stated in the Notice of Intent , is that Petitioner's

applications for sta ndard and provisional certification " do not

demonstrate, affirmed by affidavit signed by an architect,

engineer, contractor, o r building code examiner, that you have

the required experience for the certifications sought. "

Petitioner timely requeste d an Administrative Hearing to

contest the Notice of Intent to Deny. The case was transmitted

to the Division of Administrative Hearings on or about April 26,

2006. A Notice of Hearing was issued on May 16, 2006, setting

the hearing for July 13, 2006.

At hearing , Petitioner testified on her own behalf.

Petitioner offered Exhibit numbered 1 , which was admitted into

evidence. Respondent did not present any witnesses. Respondent

offered Exhibits numbered 1 through 5, which were admitted into

evidence . Official Recognition was taken of Chapters 468 and

655, Florida Statutes, and Florida Administra tive Code Rule

Chapter 61G 19 - 6 .

A Transcript consisting of one volume was filed on July 31,

2006.

On August 9, 2006, Petitioner filed a post - hear ing

submission and Respondent filed a proposed recommended order,

which were considered in the preparation of this Recommended

Order. All references to the Florida Statutes are to 2005

unless otherwise indicated.

FINDINGS OF FACT

1. Petitioner filed app lications with the Department of

Business and Professional Regulation (DBPR) for a provisional

plans examiner license and a standard building plans examiner

license . 1/

2. The Board of Building Code Administrators and

Inspectors ( Board ) , which is part o f DBPR, is the state agency

charged with certification of building code administrators,

plans examiners, and building code inspectors, pursuant to

Chapter 468, Florida Statutes.

3. Accompanying her applications were : a s tatement of

educational histo ry; 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 Ma nagers, Inc., and BFC Construction

Corp., regarding Petitioner's employment with those companies.

4. 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 e ducation 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 th e se

professions but are not licensed i n 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)

5. Addition ally, 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 . . . . Y ou 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. . . .

6. Petitioner responded to the August 9, 2005, letters by

supplying the requested documentation.

7 . Specifically, Petitioner provided a revised affidavit

from Robert C. Olin, M anager/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

Provi sional 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.

8. 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.

9. Further, Petitioner provided revised

statements/affidavits, on the affidavit form sp ecified in the

August 9, 2005 , letter to Petitioner, regarding her work

experience in New York. One of the affidavits was written by

Ernest Jo c h e n, v ice p resident of JE Activities , Inc. , wh o listed

her dates of employment as February 200 3 to June 2005, an d 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., wh o listed her dates of

employment as May 2000 to January 2003, and her years of

superviso ry 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.

10. Petitioner also ordered an official transcript from

Polytechnic Uni versity 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 majo r in Civil Engineering.

11. 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.

12. Subsequent to issuance of the Notice of Intent to

Deny , 2/ P etitioner provid ed separate letters from Mr. Stewart and

Mr. Jo c h e n 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.

13. Although P etitioner 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 Or ange County in June 2006, and was employed

there for exactly one year. This meant a t the time she made

application, Petitioner was employed by an agency of government ,

but not at the time of hearing .

CONCLUSIONS OF LAW

14. The Division of Administrative Hearings has

jurisdiction over the parties and the subject matter of this

pr oceeding in accordance with Sections 120.569 and 120.57(1),

Florida Statutes.

15. In licensing cases, the burden is on the applicant to

demonstrate entitlement to the requested license by a

preponderance of the evidence. Department of Transportation v.

J .W.C. Company, Inc. , 396 So. 2d 778 (Fla. 1st DCA 1981);

Balino v. Department of Health and Rehabilitative Services , 348

So. 2d 349 (Fla. 1st DCA 1977).

16. The Notice of Intent to Deny states as the reason for

denial that Petitioner's applications for standard and

provisional certification "do not demonstrate, affirmed by

affidavit signed by an architect, engineer, contractor, or

building code administrator, that you have the required

experience for the certifications sought."

17. Section 468.609, Flo rida Statutes, reads in pertinent

part as follows:

468.609 Administration of this part;

standards for certification; additional

categories of certification. --

(1) Except as provided in this part, any

person who desires to be certified shall

apply to t he board, in writing upon forms

approved and furnished by the board, to take

the certification examination.

(2) A person may take the examination for

certification as a building code inspector

or plans examiner pursuant to this part if

the person:

(a) Is at least 18 years of age.

(b) Is of good moral character.

(c) Meets eligibility requirements

according to one of the following criteria:

1. Demonstrates 5 years' combined

experience in the field of construction or a

related field, building co de inspection, or

plans review corresponding to the

certification category sought;

2. Demonstrates a combination of

postsecondary education in the field of

construction or a related field and

experience which totals 4 years, with at

least 1 year of such total being experience

in construction, building code inspection,

or plans review;

* * *

(4) No person may engage in the duties of a

building code administrator, plans examiner,

or building code inspector pursuant to this

part af ter October 1, 1993, unless such

person possesses one of the following types

of certificates, currently valid, issued by

the board attesting to the person's

qualifications to hold such position:

(a) A standard certificate.

(b) A limited certificate .

(c) A provisional certificate.

18. Florida Administrative Code Rule 61G19 - 6.0035 reads as

follows:

61G19 - 6.0035 Application for Provisional

and/or Standard Certification.

(1) Each individual who wishes to obtain a

provisional and/or standard certificate in

any certificate category shall submit the

following to the Board:

(a) A completed application form for the

category in which certification is sought.

The form that shall be used for this purpose

shall be provided by the Department and

a vailable on the Department 's website.

(b) An affidavit describing in detail each

separate period of work experience listed in

the application form, signed by a licensed

architect, engineer, contractor, or building

code administrator who has knowledge of the

applicant's duties and responsibilities

during the period indicated. The form that

shall be used for this purpose shall be

provided by the Department and available on

the Department 's website. Each affidavit

must include the name and address of the

applicant's employer during the work

experience period, the dates of employment,

and a de scription of the applicant's dut ies

and responsibilities during the employment

including any supervisory responsibilities,

in sufficient detail to enable the Board to

determine whether or not the applicant has

the experience required for certification.

(c) Each applicant for certification as an

inspector or plans examiner shall

demonstrate that he or she has at least one

(1) year of hands - on experience in the

catego ry of certification sought.

(d) Each applicant seeking to qualify for

certification through a combination of post

secondary education and work experience

shall submit an official copy of all college

or university transcripts which document the

applicant 's education in addition to all

required affidavits of work experience.

(e) Each applicant who is not employed by a

local government agency having

responsibility for building code inspection,

building construction regulation, and

enforcement of buildin g, plumbing,

mechanical, electrical, gas, fire

prevention, energy, accessibility, and other

construction codes at the time of the

application shall submit payment of all

applicable application, examination and

certification fees as specified in Chapter

61G 19 - 10, F.A.C.

(2) In addition to all other required

items, each applicant for an inspector or

plans examiner certificate shall submit with

the application a statement from the

applicant's current employer which shall

indicate the applicant's present st atus with

the employer. Each applicant employed by a

local government agency having

responsibility for building code inspection,

building construction regulation, and

enforcement of building, plumbing,

mechanical, electrical, gas, fire

prevention, energy, accessibility, and other

construction codes at the time the

application is submitted must include on the

statement the signature and license number

of the building code administrator or

building official for the applicant's

employing agency.

(3) In ad dition to all other required

items, each applicant for a building code

administrator certification shall submit

with the application a statement from the

applicant's current employer which shall

indicate the applicant's present status with

the employer.

19. Florida Administrative Code Rule 61G19 - 6.012 reads in

pertinent part as follows:

61G19 - 6.0 12 Provisional Certificates.

(1) The Board shall issue a provisional

certificate to any newly employed or newly

promoted building code administrator, p lans

examiner, or building code inspector subject

to the provisions of Section 468.609, F.S.,

and the provisions of this rule.

(2) Provisional certificates are not

renewable, and are valid for the following

terms:

(a) Three years for inspectors.

( b) Three years for plans examiners.

(c) Three years for building code

administrators officials.

(3) Provisional inspector or plans examiner

certificates sh all only be issued to

applicant s w ho demonstrate at the time of

their application that they possess all of

the standards and eligibility requirements

for standard certification as set forth in

Section 468.609(2), F.S. Provisional

building code administrator certificates

shall only be issued to applicants who

demonstrate at the time for their

app lication that they possess all of the

standards and eligib ility requirements for

standard certification as set forth in

Section 468.609(3), F.S.

(4) Provisional certificates shall be

issued to persons employed by an agency of

government.

20. Petit ioner has the requisite number of years of

experience required for a standard certificate. The original

and revised affidavits submitted by her former employers

demonstrate that she had 4 years, 11 months of on - the - job

experience in the field of construct ion. The affidavits were

signed by persons from a state in which licensure was not

required, and who provided separate, written statements to

verify that. Petitioner was employed by Orange County for

exactly one year. Thus, Petitioner has met the eligib ility

requirements of Section 468.609(2)(c)1., Florida Statutes.

21. Moreover, Petitioner has demonstrated a combination of

postsecondary education in the field of construction with at

least one year of such total being experience in construction,

buildin g code inspection, or plans review. Thus, Petitioner has

met the eligibility requirements of Section 468.609 (2)(c)2 . ,

Florida Statutes.

22. As a result of Petitioner's acknowledgment at hearing

that she is no longer employed by a government al ag ency,

Respondent argues in its proposed recommended order that

Petitioner should not be granted a provisional license , citing

Florida Administrative Code Rule 61G19 - 6.012(4). Pursuant to

the language of that Rule, Petitioner is no longer eligible to

receive a provisional c ertificate.

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 pla ns

ex aminer, 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.

ENDNOTES

1/ Petitioner also applied for a "1 & 2 Family Plans Examiner

License" but withdrew that application.

2/ Although provided by Respondent, these letters do not show a

receipt date but are dated by Mr. Jo c h e n and Mr. Stewart

January 12 and January 26, 2006, respectively.

COPIES FURNISHED :

Jazlyn Georges

705 Arlene Drive

Deltona, Florida 32725

Jeffrey D. Jones, Esquire

Departme nt of Legal Affairs

The Capitol, Plaza Level 01

Tallahassee, Florida 32399 - 1050

Josefina Tamayo, General Counsel

Department of Business and

Professional Regulation

1940 North Monroe Street

Tallahassee, Florida 32399 - 2202

Robyn Barineau, Executi ve Director

Building Code Administrators

and Inspectors

Department of Business and

Professional Regulation

1940 North Monroe Street

Tallahassee, Florida 32399 - 2202

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit writ ten exceptions within

15 days from the date of this Recommended Order. Any exceptions

to this Recommended Order should be filed with the agency that

will issue th e final order in this case.