STATE OF FLORIDA
FLORIDA BUILDING COMMISSION
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
vs. DCA Case No. DCA06-BC-143
WEATHERGUARD BUILDING
PRODUCTS, INC.
Respondent.
_________________________________/
ADMINISTRATIVE COMPLAINT
State of Florida , Department of Community Affairs, files this Administrative Complaint against WEATHERGUARD BUILDING PRODUCTS, INC. (“Respondent”) and alleges:
1. The Florida Building Commission is charged with the responsibility and duty to determine the types of building products requiring approval for local or statewide use and to provide for the evaluation and approval of such products, devices, and methods of construction for statewide use, in accordance with Sections 553.842(1),(6), Florida Statutes, and the rules promulgated pursuant thereto.
2. The Petitioner is statutorily responsible for the implementation of the decisions of the Commission and providing administrative and support services to that end.
3. The Respondent is a corporation who has identified Adam D. Palmer, Esq., Schoeppl & Burke , PA , 4651 North Federal Highway , Boca Raton , Florida 33431 as its registered agent for service of process and who identified its mailing address as Weatherguard Building Products, 9040 Belvedere Road , West Palm Beach , Florida 33411 in its application for approval of the subject product.
4. At all times material hereto, Respondent was and is the manufacturer of a product, specifically, galvanized steel and aluminum storm panels.
5. The Respondent sought product approval by the Commission pursuant to Rule 9B-72, Florida Administrative Code, under the category of shutters and identified CI Professional Services, Inc., as the required Quality Assurance Entity in the application for approval.
6. Shutters are products identified by the Commission as requiring approval in Rule 9B-72.060(6), Florida Administrative Code.
7. On December 8, 2004, the Florida Building Commission approved the Respondent's product which was assigned the Product Approval Number FL3473.
8. CI Professional Services, Inc., has informed the Petitioner that it does not serve as the Quality Assurance Entity for the approved product.
9. The Commission ordered that its administrator for the program investigate this matter and the Respondent has failed and refused to identify an approved Quality Assurance Entity for the approved product despite repeated inquiries.
10. Rule 9B-72.070 (3), Florida Administrative Code, (F.A.C.), requires that Respondent's products "be manufactured under a quality assurance program audited by an approved quality assurance entity."
11 Rule 9B-72.160(1)(a), F.A.C., states, in pertinent parts:
(a) Any product approval shall be revoked or suspended for any of the following reasons:
. . .
3. Failure to maintain quality assurance programs for the manufacture of the approved products as required by this document.
. . .
6. Determination that the product was approved based on misrepresentations in the application for approval.
. . .
7. Failure of the manufacturer to cooperate with a Commission ordered investigation.
12. The Respondent has failed to maintain a quality assurance program for the manufacture of the approved products as required by Rule 9B-72, Florida Administrative Code.
13. The approval of Respondent's product, FL 3473, was based on misrepresentation in the application for approval, specifically, that CI Professional Services, Inc., was the quality assurance entity for the subject product.
14. The Respondent, a manufacturer, has failed to cooperate with a Commission ordered investigation, specifically having failed to respond to inquiries by the Commission as to the identity of the quality assurance entity for the approved product.
WHEREFORE, Petitioner respectfully requests the Florida Building Commission to issue a Final Order finding the Respondent in violation of the above referenced statutes and rules, and revoking the Respondent's status as an approved product, Florida State Product Approval FL3473.
SIGNED this ________ day of _______________________, 2006.
______________________________
James Leigh Richmond
Assistant General Counsel
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee , Florida 32399
(850) 922-1675
Fla. Bar ID # 0912440
NOTICE TO RESPONDENT
PLEASE BE ADVISED that mediation under Section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action.
PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request, within the time proscribed, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57, Florida Statutes; that you have the right, at your option and expense, to be represented by counsel or other qualified representative in this matter; and that you have the right, at your option and expense, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on you behalf if a formal hearing is requested.
PLEASE BE FURTHER ADVISED that if you do not file a responsive pleading with the Petitioner within twenty one (21) days of receipt of this Administrative Complaint, your right to a hearing will be deemed waived and a Final Order will be entered which may result in the suspension or revocation of your status as an approved building product.
Copies via certified mail to:
Adam D. Palmer, Esq.
Schoeppl & Burke , PA
4651 North Federal Highway
Boca Raton , Florida 33431
Weatherguard Building Products
9040 Belvedere Road
West Palm Beach , Florida 33411