bifano residence

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Engineering Analysis and Site Visit Report. For700 West Bay ShoreSt. George Island, FloridaNovember 30, 2006

This report isan Addenda to preViouS: reports regarding the structure and workmanship on theabove residence. The limited demolition of the walls and ceilings, removed the gypsum board inbands about two feet wide, prior to this' inspection so the deficiencies could be d o c u m e n t e d ~ Thefollowing was noted:1. At Decks toward the Gulf of Mexico: The wooden joists are 2 x 12 notched to fit on a 2 x2 wooden ledger nailer, but no face mount joist hangers. Joist hangers were shown onthe Clayton Anderson Drawings [CAl. The wooden joists have only [1] one toe nail fromtop of joist into the rim joist,therefore t h e - a e c k s - a r e l } Q L a d e q u a t e ~ y . . : a t t a c h e d . : : t Q : : . t t L e : . . . h o u s ~

~ s t r - u c t u r e ; : : : : 1

2. Main beam # 11 @ kitchen towards the Gulf: The beam appears to be misplacedlandward 1 X", or the joists are short 1 W'. The joist for the second floor from that beamtoward the Gulf are mounted to the misplaced beam with the bucket type face mountedhangers that are attached to the beam with pieces of scrap wood used as spacers tomake up the 1 Yz" difference, therefore the joists as built bear on only 1/8" of the bucket,whereas the minimum bracing should be 1 X". The measured bracing for all 'trusses isbetween Yz" and 1/8 inch. This condition is causing the beam to rotate due to theeccentric loading. See Sketch SK-1 attached .

3. The cable tie down system used has violated the various parallam beams by drilling avertical hole in the center of the parallam beam and then counter-sinking the bottom cordwith a large hole 2 to 2 Yz" in di


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9. Tower room: No stairs to higher roof abo\!e the tower room. No proper way to attachrailing to edge of deck. Upper deck at Tower: The deck material is cracking; owner has~ temporarily repaired the crabks. Question whether final waterproof coating has beenapplied.10. Tower room: Floor was out of .plumb, but Contractor installed about 1W ' of leveling,..compound to level the floor for ceramic tile to be installed. This added more weight.to,:an'already weak s t r u c t u r e . ~ Beam 27 on the north of the tower and beam #26 on the south ofthe tower were called for by (C.A.) and Seminole Trust Co., but were not installed. At thenorth wall of the tower and at the bedroom below where the beam #27 is missing, thewall/floor system is sagging to 5'8" to 7'4". On the south wall of the tower and the masterbedroom area below where b,eam #26 is missing, the floor sags about 1". The contractorhas added leveling compou'nd to level the defect, again adding more weight to thealready deficient structure. I

Directly below the master b ~ d r o o m wall above the beam #11 at the kitchen floor, issagging 1 W. This is the area where the floor joists are not secured to beam #11\properly.. See #2 above. 'The two walls, north and south, at the tower projecting. - _. Jdownward the structure, sags progressively more the lower in the structure you go./11: Area of missing beam #27: Hurricane straps, which have been installed, have beeninstalled incorrectly. Each strap has a 90 degree bend from double plate to supportstructure. This allows strap to flex; therefore, movement of entire tower structure. Thereshould have been no 90 d e g r ~ e bend.

12. Same area as #11 above: Section "AA" on Clayton Anderson's plan shows the 5 X x 14, parallam beam to support small portion of the roof truss load and Y2 of the tower room floor, walls and roof load. This beam is not in place. NOTE: Same for beam #26 on thesouth side, B026 missing. These two beams were to carry the total load of the tower tothe outside wall to stud packs that would have transferred the tower load directly downthrough the 2 floors to the concrete girder framing the first floor level. '13. Dining room: Door header s t r ~ p p i n g not properly installed. See note 7 above.14. The stud to double plate connection (Simpson SPH6) a "U" shaped strap, was not 'used.A much shorter strap was used. The installation on one side of the stud is as required bySPH6, about 8" lap. However, the other side is too short to be effective. It does not lapover the double plate and the ~ t u d . This condition reduces the uplift capacity by 50%.,15. Most door frames @ upper floors are out of plumb 1/16" to 1/8" in 2'-0", or about 3/16 to3/8. This condition may indicCiite the structure has shifted, or is in the process of shifting.Trim for doors is the last of the items to be installed in a residence and is most alwaystrue and plumb.,16. Door framing at the 2nd floor north bedroom should have been for a load bearing wall,

however, it was framed as an interior no-load type wall. A double 2 x 12 with a W flitchplate is needed with cripple studs to support tower wail and second floor load. Thiscondition has caused the frame to deflect above the door.

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17 Same area as #11 above. ~ h floor trusses are not blocked above the "now" loadbearing wall where B-27 is missing. The joist end at the wall in question should havebeen blocked to prevent rotatibn.At 2nd18. floor north bedroom, west wall, the truss strong back has been cut into to installPVC pipe and has never been ,repaired.

f 9 : = - : - O n e - q t J e s t l o n - w n i C ~ : : ' h a s . : : n e v e r . : t 5 e e f l a d d ressed _ ~ b y ' theContractor,-ClayfCLn- A n d e ~ s o n / o r < \ : : : s e m i n o r e - T r u S S i S t F l e - c h a n g i r 1 g o n h - : ~ f 1 6 0 r j c i i s t spacing:frem 1 6 i ' - t o - 2 4 " - 6 n , c ~ n t e L . : " ' T h e b u m ~ t i m e ~ w a s ' r e d u c e d t o - I e s s - t h a n - o f l e ~ change:-lt'therefoiiLd6esour b e c a u s e ~ o f t h i s -

' n e t . c 6 n f 6 c r n : t e : " C > n e h ~ e c t e c f s t r u c t u r e;20. The Architect has shown shear walls @ the 2nd floor bedroom wall that runs east to westand @ 3rd floor level; 2 shear ),valls, east to west. ti0ll /ever , tbere are not shear.walls"in,""the 'structure. The shear walls are required to support the house laterally, to take the-stresses caused by wind. !I21. RV Port corner joist [off king rafter him framing] not strapped to the girders.22. rihe':Staircase from the. tower room to the ground floor isnotbuift toCode! There is a

reduction in width of the stairs from upper floors to ground level. A reduction in width isnot allowed by Code. The risers vary from 6 112 to 8 X inches in height. The variancefrom one riser to the next is greater than allowed by Code. The maximum of 8 X inchesand the minimum of 6 112 inches do not meet the standard of 7 112 inches nominal riserheight. J N s , c o n d i t i o n , i s . a _ h a z a r d . t o , a n Y Q n e a $ c ~ n d i n g ~ c e ( l d i n g J l 1 e _ s t a i r s ' = : : = J

23. The Contractor, Mr. Ulrich, hired Clayton Anderson, Structural Engineer, to redesign thecomplete structure. In my analysis, architectural plans were sufficient for construction ofthe residence. The redesign ctlanged the direction of the concrete girders from north andsouth to east and west, complicating the structure and caused the staircase problem #22above. I can determine no r e a ~ o n for the redesign. Further: The staircase at the groundlevel began with a design flaw in the placement of parallam beam #9 on the Truss Plan.The beam was designed to be placed 6 inches too far into the staircase opening whichaccounts for the asymmetrical staircase runs that makes the staircase nonfunctionalwhen moving large and long furniture items up through the s t a i r c a s e ~

'- ' .24. After limited demolition: It.:wasnoted that beams#6 and#17 are not installed in theexterior. wall, but were d.esignated 0r:t Clayton Anderson a n d ~ S e m i n o l e Truss plans:25. After limited demolition: It was noted that 2 x 4 pressure treated sills at each concretegirder did not have the anchor polts nut and washer tight to the wood. Many were about

3/8" to 112" loose'. l l le r ~ u ' ~ i l s _ t b a U h e _ s t F u c t . v r e - : ; w a s - : : ~ o t ; a a , ~ q 1 J a t e l y - a t t a c l : i e a : t o : t l : i e 1 (:Eoncrete' s u p p o r t ~ w . ~ ! ! t t h _ a J . l s . n e c e s s a ry- to F e s l s t . t h e . u p h f t . J o a d ~ 26. Window Framing: ~ was n o t ~ d J h a t ~ J 1 J b ~ r = Q f J h e _ W i n d o w s ~ w e [ e _ n o U r a m e d ~ c o [ r e c t l y , J in that, there are only single fulIJlength studs and one cripple stud under the header. Theframing, fo r these windows, should have been double full- length studs and single cripple

at header. Windows over four feet wide would have been double full -length studs anddouble cripples at the header.

'17#/'"


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.' Itonclus ion: I .. I ~ The Carl and Sandra Bifano residence at 700 West Bay Shore Drive, St. George Island, FloridaJ.) i::'Ir unsafEE for habitation. The multitude of framing errors, structural beams not installed, hurricane Po. strapping omitted or installed incorrectly or the incorrect strap for the required service, has. compromised the structure. The construction does not meet the requirements of the FBC2001. If)it did, the structure would not be failing, the fire rating would be correct for this residence.and the ;stairs would have been constructed correctly. )The residence, in its present state, will have areas to continue to deflect [sag] and because theeffects of all the items listed above, will be vulnerable to damage and possible destruction byhurricane force winds, 140 mph, 3 second gusts and 120 m p h ~ u s t a i n e d . l i h e f i r ~ g - s " ! . O w j 1 on the A r c ~ ~ t ~ s . d . : . . s i g n ~ ~ ! 9 i . ~ ~ ~ ~ d . t ! . ~ h o u r ~ ~ u f r 1 1 T m e _ ] J ~ ! . ! i t h e - s p ~ c ~ n g o f J b e . ~ o l ~ t s @ 2 ~ ~ ~ a n d : ~ ~ ~ of.common-Y2tgypsum boardfor.the.wall a n d ~ g e ~ H , g f i n i s ~ ~ ! L Q f J b ~ sReclfleo - 5 / 8 " : ; ; f l r e ~ r a t e d g y p s u m . _ h a ~ ~ r e n d e r e d - the-strl.lctu(e_unsafe._by_not . meetlng.=!!!s.tJr ~ Thomas M. Driggers, P. E.Florida P. E. # 13593November 30, 2006 d .

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qpPRESCOTT ARCHITECTSJanuary 23, 2007 . ,

Report on Observations Made During a Site Visit to Bifano Residence700 West Bay Shore Drive - St. GeOrgelIsland, Florida on August 25, 2006

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~ O b s e F V a f k j n : # ; P ' : T . E : J ! ! ! ~ o r _ w a l l s . a n d ~ C e i l i n g k - o f ~ t h e . d w e l l i n g - a r e ' c o v e r e d - i n - s t ~ n a a r d - ~ " t ~ g y p ~ m J ; o a r d ~ T h e . s e ~ I i ' ~ l r ~ ~ i t e c t u r a l ' d r a w i n g s ' ( ! . ~ } r m i t [email protected]) . s p e c i f y j 5 / 8 ~ thi_ck t y p e ~ g Y Q s u m ' b o a r d : - A s : a : r e ~ s U l t : t h e 'd . 2 ~ i n g _d,oes not m e ~ t J n e J ' i q u i r e m e n t ~ f t h e ' F l o r i d a B u i l d i n g ' 9 d e 2 . Q 0 J ~ a b l e : 6 0 J t Q f . t h ~ G 6 d e I r e q u i r e s ~ t l : i _ e ' : d w e l l i n g J . Q : . l f e - ' ] : y p e - v . : C Q ! ! ~ ~ u r p ~ c t e A , _ w h i c ~ e q ~ E ~ s t h e l i ~ ~ ~ t i o n - o t : 5 / 8 ! ! . - t y p e ' x ' - g y . p s u m , b o a r d ; 0 n a l ! : - e x t " W i : Q f j V a l l s , < i n t e r i o r - b e a r i n g - w a l l s - a n d - : a l l ~ i l i n g s . - - - ,- 1"

Observation #2: T ~ e . p e r m i t d r a w i n g ; s ~ h ? w - f I $ l r t r u s s e s - a t - 1 6 ! . ' . . . o n ~ c e n t e r ; - t h e genefaIJlOtesi r v t h e . p J ~ f i 1 i i t : - d r a J i i 1 g i C a l l foffloor' trusses at-r9':-2"on center.' - - - - -+-- I - . /Observation #3: The permit d r a w i r ~ g s called fdr either Simpson holdowns or the "go-bolt"

"' galvanized steel rbd holdown system. The structural drawings prepared byClayton Anderson, P.E., call ~ o Simpson holdowns. A flexible cablesystem was substituted. At the time of the site visit, the cable system couldnot be observed and no inforrrtation onthe cable system was provided toIthe Architect.

Observation #4: The permit drawings required 'interior shear walls on the first and secondfloors. The shear walls were Jo t installed. Structural Engineer Tom 'Driggers has stated that the sh'ear walls are necessary to keep the housefrom r a ck ing . ' II

Observation #5: The stairway within the house jdoes not meet the Florida Building Code, I200 I. The stair width in certain areas is less than the 36" required bySection 1009.1 of the Code. The stair risers vary in height from 6-1/2" to8-1/4", therefore not complying with Section 1009.3 of the Code.The permit drawings called for! all portions of the stair-:.td;be-42" wide fromthe first floor to the tower. T h as-built stair is generally 35" to 37" wide,making it substandard and v e difficult to move large furniture up into thehouse. : I

II IThe structural e n g i ~ e e r ClaytoA Anderson, who was hired by thecontractor to design and certifY the precast pilings and girders, re-orientedthe girders from what was shown on the architectural plans. There-orientation of the girders created the problem with the stairwidth .. Theproblem with. the stairrisers is simply poor construction. I

II850-837-6494 FAX 850-837 -1268

625 HARBOR BOULEVARD. POST OFFICE BOX :n 78 DESTIN, FLORIDA 32540,


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Observation ReportBifano ResidenceJanuary 23, 2007Page 2

I,Recommendations:

1. Due to what was observed during this site visit, it is plausible, that this home may be moreseverely deficient than what was uncovered./ Limited demolition (removal of sheetrockand wood trim) should be conducted to more thoroughly inspect the structure.. ,2. Since cracking stucco has already been found, the remainder of the exterior of the

structure needs close inspection. ,3. ~ n e - t e ~ : ~ x i ~ ' " - t h e ' J : ) r e C ~ d e V i 9 1 ~ t i o n . ~ s _ t o ~ ~ ~ m o v e all g y p s u m b o a r d ' : < ? I I ~ ! ~ ~ ~ _ ~ i ~

, , : : a l l s ~ ~ a W l l ' ! t e I l Q r l O ~ 9 ~ e ~ ~ n g - , - w a l J s a n ~ l L c e t l m g s " . . : : A s theft_oor trusses are24. Incfieryn. 9 ~ ~ t e r ; : - ! - r e ~ o m m e n d . t ~ ~ w ~ ~ ~ F i l e - ~ ~ . ~ ~ J ~ 6 ~ Q r _ 5 5 , P - i n j l j e Xire . B - ~ s i ; ~ ~ a E ~ ~ ~ i g n

( M a ~ ~ a ~ G y p s u m - = - ~ y ~ t e . m ~ ; l l ' : : e i j , l t l Q n _ C ? - A : . ~ ? _ O - 0 3 t o - r ~ ~ y - t ~ e . f ] o o r ~ c ~ 1 t ~ - s ~ s t e / m s . 1 h e n . ~ ? v e ~ ~ e ! t e ~ 9 a l l s , J . Q ~ d : ~ g ~ a 1 1 . : ~ n d ' c e I l ~ g ~ _ W l t h ~ I f _ t y p e - : x ' - gypsqmboard,:rnstalled per',the-manufacturer's-Qubhshed.Instructtons.

4. The r e m e d ~ f O t ~ staircasei=:: i : l : :er st:ircase tower 3;djoining the existingone. Then remove all of the staircase runs f r ~ m the existing tower, and redesign it toaccommodate hallways leading to the new t o ~ e r with excess space to be used for closetsat each level. I '

I5. The remedies for the structural and hurricane'deficiencies are to be addressed by thestructural engineers who wilJ thoroughly exarhine the structure. .

\ , ~ \ ~ t ~ ~ ~ - t 7 iJeffrey Prescott, ArchitectPresident - Prescott Architects, Inc.JP:gg


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wOoD TRUSSES, GYPSUM WAL.L80ARDOne layer 5/." proprietary type X gypsum wallboard or gypsum veneer base applied at rightanoles to rigid furring channels 24" a.c. witt11" Type Sdrywafl screws 12' a.c. and 11ft"from edges. Gypsum board end joints located midway between COntinuous channelsand attactled to additional pieces of channel 60" Iong,with screws 12"o.c. Rigid furringchannels applied at right angles to 12& deep parallel chord wood trusses 24" O.C. witt1double strand. 18 gage galvanized steel wire ties 48" ~ . c . Wood trusses suppolting 3/."nominal interior plywood with exterior glue. T&G e d g e s ~ applied at right angles to trusseswltt1 construetlon adhesive and either 6d smooth shank: nails 6& o.c. at end join1a and 12"o.c. al intermediate trusses or 6d ring shank nails 12' o.c. Adhesive applied to each topchord and grooved edges of plywood. End joints s taped 48'.Consult gypsum board manufacturer for truss details.

PROPRIETARY GYPSUM BOARDNational Gypsum Company II" Gold Bof\dIl' Brand FIRE-SHIElD C'"Gypsum wallboard

'.. .. : . , t , . " ~ ! . : i i , ~ , ~ ~I . ; T\ . _ . , .' ~ . f : q " ' 1 " .. ;WOOD TRUSSES, GYPSUM WAL.LBOARDOne tayer 'I." proprietary type X gypsum wallboard or gypsum veneer base applied at rightangIee 10 12" deep parallel ctlord wood truases 24' o.c. w/ttl P/.- Type S drywaJl screwsS" o.C. to trusses and to 2 1I 4 wood blocking installed between trusses. centered behindgypsum board edges and secured at eacfl end to the truaaes by nail attached 18 gageZ-shaped steel clips. Wood trusses supporting 5/." nominal interior ptywood with exteriorgtue. T & a edges, applied at right angles to trusses witt! construction adhesive and 6d&l'1'1OOth SMnk nai\8 12" a.C. in field and 6" O.C. along ends. Adhesive applied to each topand grooved edge$ of plywood. End jolnta staggered 48".

Consult gypsum board manufacturer for truss details.PROPRIETARY GYPSUM BOARDNational Gypsum Company - ,/,- Gold f30nde Brand FIRESHIELD C'"Gypsum Wallboard

~ : U f U NQ:"PCIIOO ~ t : ~ _ ~ ; ) } K WOOO JOISTS, GYPSUM WAllBOARD,GLASS FIBER INSULATION

.... ayer '!t' type X gypsum Wallboard or gypsum veneer base applied at right angles torigid furring channels 16" o.C. with l ' Type S drywall screws 12" o.c. Gypsum board endjoints located midWay between conlinuous channels and attached to additional piecesof channel 60" long with 1" Type S drywall screws 8' a.c. ,Rigld furring channels appliedat right angles to 2 It 10 wood joists 16" o.C. with 8d cooler or box nails. 17!t" long. 0.092"diameter shank. '/." heads. or Pl.' Type S drywall screws, two per joist. FKe layer 5/."type X gypsum wallboard or gypsum veneer base applied at right angles 10 furringchannels with P/. ' Type 5 drywall screws 8" o.c. ati end joints and 12" o.C. atintermediate channels. Edge jOints staggered 1S" minimum from base layer edge joints;end joints staggered B" min. from base layer end joints'. Wood joists supporting 1/1"interior plywood with exterior glue subfloor and 1'/a" lightweight concrete reinforced withgalvanized hellagonal wire mesh over film Of felt or l' sanded gypsum floor

)"v ~ Approll. CeilingWeIgtIt 3 pstFire Test: FM FC10 1 hour, MethOd B.2-24-88,Ft.1 Design FC-448;Based on Ul R3501.11-27-89,

Ul Design l528

f " '; ; . ~ : : : . ~ ... ;:' ;....I :: :: :: :: ; ; ::;:::::::;,, .' ;:;. - ~ _ .::>1'-- -, ...-; : ; ' ~ : ; ~ ' : ; j Apprcul. CeilingWeight: 2.5 pstFire Test: FaA FC10 . 1 hour. Method A.

2-1788.FM Design FC-+42

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Approx. CeilingWeight: 5psfFir. Test: Ul ,R4024-15. 8-3Hl4.UL Design l532undertayment. 3'/2" Al1 unfaced glass fiber insulation. 0.6 pcf. supported againstsubfloor by wire rods 12" a.C. Alternately. insulation may be 3' /2" faced glass fiberinsulation stapled in place against subnoor.

118 , Contaet ltl8 rnanufactUllf( for more Qetaiied informalJCl/'l on pro.etaIy prcduct:!. GA-600-2003


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IN TIlE CIRCUIT COURT IN: AND FORFRANKLIN COUNTY, FLORIDACARL BIFANO and SANDRA BIFANQ,

Plaintiffs., Case: 05 CA 227vs. i

ULRICH CONSTRUCTION. INC, etc..!Defendants. .- ~ - - - - - __ ~ _ - + - - - , I

iIAFFIDAVIT OF JEFFREY PRESCOTI'iThe Wldersigned. states as follows:1. I have personal knowledge of he facts stated herein.

I

2. I,amaewfessional'archlt@Irc;eiiSec!aniip'mctitingiiiithe.State,oflEloridasirrcell.9.&1.'I3. I l d e s i m ! e ( , i t t h e o o r i g ! n a l J J l l a n S l . ( ! b e j P , l ~ ' ) J o h t n e , : . r e s N e n c e : D W i i E ' d . l b Y l a r l l i i d l S M d Y f

Btfano.locate4 a 1 J 9 . 9 . W e s t I B a } ' l S h Q r e 1 D a ~ S t r o e o r g e l l i l i i i ' d J F l : r i ~ i f ( i h ~ R 1 i i ( t a r ~ " ) . 4. On August 25. 2006, and July 16,2007, I inspected the Residence.5. , , ~ @ P ~ i s l t D r ~ t i a b i D b l . e ; m 6 . i i e s . 6. Attached are photographs that fairly and ac::eurately depict the Residence as

constructed. Photographs attached hereto as Exhibit A.1. The Plans show that the Residence is a three stol)' building on pilings, and the

contractor later enclosed part of the grom.dftoor. See Plans auaehed hereto as Exhibit B.8. Under penalty ofperjwy, I declare that rhave read the foregoing affidavit and that the

r__ in ilarelrue. tittTDate: August 2007. J -

List ofExhibits:Exhibit A - Photographs ofResidenceExhibit B - Architectural Plans
mailto:I,amaewfessional'archlt@Irc;eiiSec!aniip'mctitingiiiithe.State,oflEloridasirrcell.9.&1mailto:I,amaewfessional'archlt@Irc;eiiSec!aniip'mctitingiiiithe.State,oflEloridasirrcell.9.&1


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LN THE CIRCUIT COURT IN AND FOR FRANKLIN COUNTY. FLORIDACARL BIFANO and SANDRA BIFANO,

Plaintiffs.Case: OS CA 227vs.

ULRICH CONSTRUCTION. INC. $.,Defendants.______ --:I '

AFFIDA" IT OF JOHN BELLIThe undersigned states as follows: :J. 1have personal knowledgeoithe tKts stared herein.2. 1ama professional e n g i n e e . t . I i ~ a n d p r a e t i e i n g in the StateofFlorida sinc:e )995.3. On November 7, 2006andJuly 16.2007.1 inspected the residenceownedby Carl and

Sandy Bifano Ioc:ated at 700 West Bay Shore Drive. St. George Island, Florida (the 'Residence").4. The Residence is three habitable stories.S. Auadted hereto are photogtapbs that fairly andaceurately depict the Residence as

c:onstrueted. Pbotognpbs a.ttKbcd hereto as:Exbibit A6. Jreviewed plans preparedby Jeffrey PrescottandCIaytQD Anderson fortbeResidence.

Attadled hereto as Exhibit B is a of1beplans (the "'PIans").1. The Plans show that the R.esldence is a thrce-stoay building onpiliogs. and the

contractor later enclosed partof the ground floor.8. During my inspectionsof the R e s i d e n ~ I olerved numerous instances ofdefeaive

eonstrueUOIl. 'Thesedef'ectsc.onstiMe llsub$1antiallifcsafetydangerofstruetUraJ coUapse. I n ~ l d e r ::"'to correct the defects. the Biranos will need to ~ s mostor,alloftileexistingstruCture anddien' - . . - .:rebuild t h e R e s i d e l l c ~ P


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. .,'C'

IUnder penalty ofpeljury. I dedant that1have read 1he foregoing affidavit and that the facts

I stated in if are true.

Date: August30 .2007.

List ofExhibits:Exhibit A - ofResidenceExhibit B Jobsite Plans

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III

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IN THE CIRCUIT COURT IN AND FORFRANKl.JN COUNTY. FLOlUDACAIU. BIFANO and;SANDRA BIFANO.

PtaiDrifN> Case: OS CA 227va.ULRICH CONSTRUCTION, INC Cle

JJrimdanls - l, AFFIDAYIT OF WlLLIAM'THOMAS WATSON

The undersigned swes as follows:1. I have personal bowledgeofthe:facts statedherein-

I2. I am a Certified Building COntractor liceuse4 in the State ofFloridaJ. l-wsshiredby earl and s B (1he"BU8I\Os") to performemergency sttucturai

reiuf'on:ement of1heir residence located at 7 0 0 W ~ a. Shore Drive; St G e o r g t r l s 1 a n ~ Florida), ,

(tbe "ResidenC'e"). '4. Tbe Residence is three habitable storieS.5. Attadted hereto are photogmphs tllat fairly and ac.curately depie:t 1b.e Residence as

cmstructed. Photographs auadted hereto as B1cbibitAUDder penalty ofperjury, 1declam that Ihaveread1be foregoingaffidavitancllbat the facts

stated in it are true. ~ ~ - = = - - = s ; -ate: ')J)()7. William Thomas Wamon&WhitA PhotDgrapbs ofResideoce


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----

. CHAPTER 12;INTERIOR ENVIRONMENT1ISECTION 1201

GENERAL1201.1 Scope. Provisions of this chapter shall govern light,ventilation. sanitation and rodent-proofing of buildings.

SECTION 1202DEFINITIONS

E'orjdefinitions;;seet,hapterF2;J : )SECTION 1203LIGHT AND VENTILATION

1203.1 MlDimum requirements1203.1.1 Every habitable room of buildingS hereaftererected shall have one or more windows. unless otherwise specifically provided lierein. to afford adequate light and/ventilation. The requirements specified in this section-shall be corisidered as minimum requirements s,",pplementary to aU state laws regulating light and ventililtion.

I1203.1.2 Where windows are required. such windowsshall open on a street. public space. yard or approved openspace that will afford adequate air and light Requiredwindows shall be so constructed that when fully opened.the total open space shall be not less than one-half therequired window area.

I

Exceptions: Operable windows shall not be requiredin: 1. Group I occupancies equipped with an engineered smoke control system. I2. Group B and Group R high-rise: buildingsequipped with smoke control complying with412.5.

1203.1.3 Attics not used for habitational purposes shallhave provisions for the emission of excess heat.1203.1.4 Except as otherwise provided herein. requiredwindows shall have g l openings of clear glass of areanot less than 8% of the floor area of the room served bythem with the following exceptions: I

I. Storage room windows shall have an area not lessthan 5% of the floor area. .2. Obscure glass. glass blocks and similar glazed panels that admit less light than clear glass shall havetheir area increased to admit an amount of lightequivalent to the above requirement.1203.1.5 Skylights. v ~ n t s . louvers or mechanical ventilation may be substituted for windows when approved bythe building official. provided adequate light and ventilation is provided to meet the requirements of t h ~ s chapter.. I

1203.1.6 Rooms where by reason of use or occupancy.dust fumes. gases. vapors. odors or other hazardous.obnoxious or injurious impurities exist shall be providedwith adequate additional ventilation to insure safe andhealthful conditions.

1203.2 Room dimensions1203.2.1 Occupiable rooms and habitable spaces shallhave a ceiling height of not less than 7 ft 6 inches (2286nun). Bathrooms. toilet rooms. kitchens. storage rooms,screen enclosures and laundry rooms shall be permitted tohave a ceiling height of not less than 7 ft (2134 mm).Exception: One- and two-family dwellings shall com-ply with the ceiling height requirements of 1203.2.6.

0.1203.2.2 If any room in a building bas a sloping ceiling.the prescribed ceiling height for the room is required innot less than two-thirds of the ceiling area of the room orspace. provided the ceiling height of the remaining ceilingarea is not less than 6 ft 8 in. (2 m). For accessibility pro-visions related to vertical clearance of areas adjoining anaccessible route. refer to 11-4.4.2.Exception: One- and two-family dwellings shall com-ply with th'e ceiling height requirements of 1203.2.6.

1203.2.3 I f any room has a ceiling which is furred ordropped down to conceal items such as duct work. piping.or structural members. the prescribed ceiling height isrequired in two-thirds of the area of the room. but in nocase shall the height of the furred or dropped ceiling beless than 7 ft (2134 mm).

Exception: One- and two-family dwellings shall comply with the ceiling height requirements of 1203.2.6.U 0 3 ~ 4 Every dwelling unit shall have at least one roomwhich shall have not less than ISO sq ft (13.9 m2) of thenet floor area. Other habitable rooms except kitchens shallhave a net floor area of not less than 70 sq (t (6.5 m2).

/ . '1203.2.5 No habitable room other than a kitchen shall beless than 7 ft (2134 mm) in any dimenSion./1203.2.6 The ceiling height in habitable rooms, hallways.Corridors. bathrooms. toilet rooms. laundry rooms andbasements shall have a ceiling height of not less than 7 ft(2134 mm). The required height shall be measured fromthe-finish floor to the lowest projection from the ~ e i l i n g .

E x c e p t l ~ n s : I. Beams and girders spaced not less than 4 feet(1219 mm) may project not more than 6 in. (152nun) below a required ceiling height.FLORIDA BUILDING CODE - BUILDING

P81.- c/y(}tJ /12.1


15/33

202FLYGALLERY. A raised floor area above a stage fromwhich the movement of scenery and operation of other stageeffects are controlled.. FOOTBOARDS. That part of a raised seating facility otherthan an aisle or cross aisle upon which the occupant walks toreach a seat. Applies to reviewing stands, grandstands andbleachers.

*: GALLERY. That portion of the seating space of an assemblyroom having a seating capacity of more than 10 locatedabove a balcony. GARDEN MAUSOLEUM. A mausoleum for thb public

built without heat or air conditioning but may cdntain an open-air committal area.

GLASS FIBER BOARD. Fibrous glass roof insulation consisting of inorganic glass fibers formed into rigiq boardsusing a binder. The board has a top surface faced with asphaltand draft reinforced with a glass fiber.$ GRADE. A reference plane representing the average of finished ground level adjoining the building at all exterior walls.When the finished ground level slopes away from thb exterior walls. the reference plane shall be established by :the lowest points within the area between the building and the lotline or between the building and a point 6 ft (1829 mm) fromthe building, whichever is closer to the building.GRADE, LUMBER. The division of sawn lumber into quality classes with respect to its physical and mechanical properties as defined in published lumber manufacturer's standardgrading rules.GRANDSTANDS. Tiered or stepped seating facilities.GRIDIRON. The structural framing over a stage supportingequipment for hanging or flying scenery and other stage effects.GROSS LEASABLE AREA: The total floor area designedfor tenant occupancy and exclusive use. The area of tenantoccupancy is measured from the center lines of joint partitions to the outside of the tenant walls. AU tenant areas,including areas used for storage. shall be included in calculating gross leasable area. IGROUND FLOOR DWELLING UNIT. A dwelling unitwith a primary entrance and habitable space at grade.GROUND SIGN. An outdoor advertising display sign supported by uprights or braces in or upon the ground, or mounted on a vehicle. trailer or mobile structure principally usedfor the purpose of advertising.

F t O ~ D A B L H L m N G ; 8 l B U I ~ ~ / Mpl

GROUP DAY-CARE HOME. A group day-care home is a _day-care home in which at least 7 but not more than 12clients receive care, maintenance, and supervision by other =than their relative(s) or legal guardian(s) for less than 24 hr ;per day with nO more than 3 clients incapable of self-preservation.GROUT. Mixture of cementitious materials and aggregate towhich sufficient water is added to produce pouring consistency without segregation of the constituents.GUARDRAIL S Y S T E ~ . A system of building componentslocated near the open sides of elevated walking surfaces.GYPSUM"BACKING BOARD. A gypsum board used forinterior applications as a backing in multi layer systems forgypsum wallboard, acoustical tile or other dry cladding, manufactured in accordance with ASTM C 442.GYPSUM SHEATHING. A gypsum board used as a backing for exterior surface materials, manufactured ~ i t h waterrepellent paper and which may be manufactured with awater-resistant core, in accordance with ASTM C 79.GYPSUM WALLBOARD. A gypsum board manufacturedin accordance with ASTM C 36 used primarily as an interiorsurfacing for building structures.GYPSUM'WALLBOARD, TYPE X. A gypsUm boardspecially manufactured to provide specific fire-resistant c h a r ~ c -t ~ ! i s t i c s r . " HABITABLE SPACE. A space in a structure for living.

r ~ l e e p i n g , eating or cooking. Bathrooms, toilet compartments,r\ closets. halls. screen enclosures, storage or uti!ity space, atld _t s j m i l a L a r ~ a s a r e n Q t c o n s i d e r e d . h a b i t a b l e s p ~ ~ . S

HANDRAIL. A horizontal or sloping rail grasped by handfor guidance or support.HAZARD CONTENTS, HIGH. Contents which are liableto burn with extreme rapidity or from which poisonous fumesor explosions are to be feared in case of flTe.HAZARD CONTENTS, LOW. Contents of such low combustibility that no self-propagating fire therein can occur. Theonly probable danger requiring the use of emergency exitswill be from panic, fumes, smoke or fire from some externalsource.HAZARD CONTENTS, ORDINARY. Contents which areliable to burn with moderate rapidity or to generate a considerable volume of smoke but from which neither poisonousfumes nor explosions are to be feared in case of fire.

2.7


16/33

p(:l 02/04DBPR OGAlB/23i2ee7 16:17 8504146749

JOHNJ. YANOVIAKI,10211 weST SAMPLE ROAD. sum: 201CORAL SPAINGS, FLORIDA 33065 ~ ~ c ~ /OICe: 954-753-7252FAX: 9 5 4 - 3 4 1 ~ 7 1 1 6 4f1G - : 7 ~

~ , , ~ $ ' - ~ j ) * ~ ?OOS ..............~ i

August 24, ,2005JessJca leigh, Esquire :.Assistant General CounselState ofAorida Department ofBusiness and Professional Regulation1940 North Monroe StreetTallahassee, Florida 32399..()720

Re: Case No: 2005-034904(Brinkley)Dear Ms. Leigh;

'.In accordance wlthyour request. examination of the DBPRllnvestigative Report andExhibits 1 through 18, consisting of 351 pages, was conducted to addreSs a complaintIssued by Mr. cart Bifano and Mrs. Sandra Bifano. on July 19, 2005.At Issue is the completeness and adequacy of code compliance Inspections performed byMr. Robin Arthur Brinkley (Brinkley), BuDding Code Administrator, BU 1203. FranklinCounty Building and Zoning Department. (FCSZ), for a new home erected on the propertyof Mr. and Mrs. Bifano. located at 700 West Bayshore Driye, St George Island, Florida.,The Bifano's contracted with Ulrich ~ n 5 t r u c t J o n . Inc., to construct a three story singlefamWyhomewhic:h Isrounded on concretepites.and beams. Thesuperstruct1Jreisofwoodframe oonstruction consisting ofstandard solid framing lumber. manufacturedwood beamsand prefabricated floor and roof trusses. The exterlor of the home was finished with lapsiding appBed overplywood sheathing and the interior cfaddingw8s standard %- gypsumwallboard. .During the construction process, when exteriorfinisheswere nearty completed ,end interlord ~ workwas ready for the applicationoffinal finishes, the Blfano's observed conditionsthateppelired to be abnormal for a new home. Initiallythere were concerns aboutstairway'consfructJon,but more.lmPQrta!1tfy, e,levated floors were not level and appeared to be '\(sagging;,

(ExhibitA)


17/33

f

DEfIR OGA PAGE 63/6410/23/2007 16:17 8584146749"

JOHN J. YANOVfAKJessica Leigh, EsquireCase No: 2005-034904(Brinkley)August24,2005Page 2.Dissatisfiedwfth explanations received from Mr. Gary Ulrich, concerning saggingfloors, tneBlfano's contacted Prescott Architects, the designArchitect for the home. Additionally, the8 i f a ~ ' s c o ~ t a ~ _ F C . ! ' . : z " a n d . ~ u e s t e d an j ~ e ~ t i o f ! ~ t t h e h : _ f l ~ ~ m _ e , r ~ respo"-S8 to~ , _ l ' e q u R ~ 8 t l J l l d e y - a n ~ f J r ~ ~ < } l ~ m e ~ I . ~ ~ E ~ ~ Z __B ~ ! I ~ l n g . ~ r l ~ ~ Y ' ~ l t e d ~ t t e J j o J D t r g n J a n u ~ _ 3t 2 0 0 5 ~ DurfngJbe,IOp-eetfQn,.. it.wa$.c:onfir.med, b y ~ _ t ~ = ~ r y ~ - !tIat'.W:gypsuffi?l A ( 8 1 ! . . b o a r d w a s ' t n s t a l l e d i l 1 t h e h o m e j n ~ l I e u o f t h e s p - e c l f i e K f 5 L 8 ~ t y p e J L m _ i i i l ' .

An FCBZ fnspeetion Report (exhibit 1, Page 17) for the Bifano homes Indicates thatInspections were conducted. as follows:Framing . October 26, 2004 PassedRough Plumbing 1 October 26. 2004 Passed. Rough Eleetrie . OCtober 26. 2004 PassedRough Mechanical October 26, .2004 PassedRoofing ~ b e r 2 6 , 2 0 0 4 Passed

The information contained on the referenced report indicates t h a t o n e ; : : ( - 1 f V i s ; t ~ w a s ~ m a a e ~ b ~ B r i n k l . Y f r o m : j u n e : 2 ; ; 2 0 ! M . the date that-the permitwas issued for construction. Themost peculiar Inspection applies to Roofing. Based on the content of the InspectionReport, it appears t h ~ t : : J O o f i n 9 J n s t a ~ ~ t i o n s - W e r e - c . Q J f 1 p l e t e d . . p r i o r . : : t a : i o _ s R e Q t i o n : o t : m . o f , . : ) ~ 9 ? r o o L t n . l J J e s , a ~ ! l Q t h 2 ! - s t r u g u f ! I J r a . m i n g . f o r - t h e . h o ~ . g'J.rthermore;:dunng

. J t l ~ o J a n u a r y 3 c 1 ; 2 0 0 5 , ~ l n s p e e t i o n f " d ~ U l l l $ t a ! ! l : l t l o n s . w e r e c o m p l e t e r h o W $ v e r , . t h . , is no(reconLofan:inspeaion:forJnsufatlon:roe:any:portionjlf,fhe.hqme. . .Apparently unsatisfied with the results of the FCeZ i"spectlon conducted on Janual)' 31,2005, 1be.. B j f a n o ' a e o g a g e d J ~ y H ~ r d D r l g g ~ ~ . _ ~ . A s 8 O C i a t e $ ; _ f n ~ ; - , - ~ n 1 f : ~ u n d ' ~ t ! ' U c t u r e s : J c.Et1gineering,-lnc.,-to-conduet. independenf..lnspectJons of the-home. and reviews=&conStruction dOeumentSwhlch were-reVlewecrand a p p r o v e d ' b y f G ~ Z p r l o r t o - i s $ u e - o f t h ~ bUildIng p e n n ~ ~ ~ ~ n e ~ . _ 2 _ 0 J ) : ~ . ~ i r e ~ ~ - - : ~ ~ t h f f ~ i ; \ y ! l l ~ : ~ , ! ~ c J ~ d ~ In ~ X h i b ~ t - 1 ~ tlS.-vise'of v e ~ g n ~ Q t d e f i ~ e ~ C l e s . w h l ~ : s ~ u s l y - ! m p a c t , t h e s t r y ~ J : l n t ~ r i t y ; ' o f . t h e ! /lOJne'and:c.ompl'omlsefire,reSlStivecapaclUesof.instalied s t r u e t u r a l ' c o m p o n e n t ~ k A t s o l l ) . t b

' f o c a t i o n s i ' - C r i t t c a t s t t u C f i J r a r c o m p ? n e [ l t s ~ w e F f t ' m i ~ o g ~ . f 1 . d ! l t s p e c l f l c l o ~ ~ I ~ n ~ . ~ s t a ~ a . ~ c : : g y P 8 u m . ~ ! ! ! : ! 9 a r < f " w a s . i n s t a f l e d . I O . I I e ! t Q t . ~ ' ~ : 5 1 8 . : ' : r Y J m X g ~ Y m w a l l b o a r d ' ) T h e reports furtherlndicatethifooserved construction wasnot comiistentwith FCBZ approvedconstruction documents nor Wl;tS It In compliance wfth the Rorida Buildfng Code (FBC).


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.DBPR OGA PN3E B4/9418/23/2807 16:17 8584146749,...

JOHN J. YANOVfAK

Jessica l e l g ~ . EsquireCase NO; 2005-034904{Brinkfey)August 24, 2005Page 3.Under the circumstances. correc6ve ~ p a i r s will requJre demoJltion of significant portionsofthe building to complete reconstNcUpn ofstructural elements and re'placement ofdrywall

' in accordance with the approved c o n s ~ c t l o n documents and toachieve code compliance.F O f t W i ! . t e ~ f o r ~ l , S l g n i f i c a n t , c o n s t r u C ~ i o n ' d e f i C i e n c i e s ~ ' o b $ e r v e d ; P f l o r J 9 _ ocwpang,y~ ~ J ! ! ~ ~ e r e f o r e e t h e J i f e _ s . ~ ~ t Y , , " o n t l e , ~ j f a n o ~ s = : p r - o t h e r s ~ @ ~ ~ n Q ~ m p r o m l s e f ' ROWEtverl. t ~ I a l ~ , a ~ m a l t e r o f . e C Q ! ! Q . I D l c . l o s s , a s . t h e J l o m e . i s n ( ) t s u l t a b l e ~ f O r . o ~ p a n c y if!}Its:currenrooJiditiOn. . ' . , - ------. " ' ,, 'Consistent with my review of provldeq documents. ,it fs evident that Brinkley impropenyconducted code comptlance inspections applicable to construction of he Bifano home and, faDed to ensure that a safe and sound living environment would be provided foroccupants.' T h e ~ Is no e ~ a n a t J o n for performa.n?8 of a roofing inspection on the sa,m"e day a,S., a, .-A-?framing, inspection.) Such flagrant activity represents disregard for public safety and ~ n only beconsJdered a5 gross negligence and willful misconduct in the performance ofdutlesas Building Code, Administrator for Franklln,County, Florida. It is the opinion of this.reviewer, thatBrlnkley made false statements and submitted false inspectionreporidata'when inspections'were conducted on one (1) day, at 'the 'Bifano home, In vidatlan ofChapter 61G19.. Florida Adm'nlstraqve Code. Section 61G19-5.002(2)(f) and ( ~ ) . Furthermore, Brinkley was negligent and felted to compry with provisions of Chapter 1.Section 105.6. FloridaeuiidingCode arid Chapter468. PartXU. sedion 468.604(1)(a) and .(b) and (2), Aorida Statutes. in the oonduct of his duties as a BuDding Code Administratorfor FranJdin County, Florida.


19/33

{) ~ : : : : : '

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUITIN AND FOR FRANKLIN, FLORIDA

CARL and SANDRA BIFANO,Plaintiffs, CASE NO. 05-227-CA

vs.ULRICH CONSTRUCTION, INC., et al

Defendants.- - - - - - - - - - - , - - - - ~ /

AFFIDAVIT OF CHRIS GIAMETTA

State ofFloridaCounty ofFranklinBefore me, the undersigned authority, personally appeared Chris Giametta who,being duly first sworn, deposes and states:

1. he has personal knowledge of the facts stated herein.2. he is a Franklin County Building Official, and has been since I Ila, and as partofhis duties, he is knowledgeable about building codes applicable to residentialconstruction.3. he is familiar with the Bifanos' residence on St. George Island, the one in disputein this litigation .4. he has never viewed the Bffanos' residence as anything more than a two storyI .building on pilings, and that is the interpretation ofFranklin County for thatbuilding, also.5. although there is a tower or viewing room on top of the second story, that toweror viewing room is not a "habitable floor". .......... '-

SWORN TO AND SUBSCRIBED BEFORE ME THIS /4 DAY OF SEPTEMBER,2007.CHECKONEPersonally known --....I..L:Produced identification- - - - a ~ (describe) Notary Public 0 t-i e.. G. AIfU'l

~ ~ "10


20/33

-------------

--

,.IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT

IN AND FOR FRANKLIN, FLORIDA

CARL and SANDRA BIFANO,Plaintiffs, CASE NO. 05-227-CAvs.

ULRICHCONSTRUCTION, INC., et alDefendants. /

AFFIDAVIT OF ROBIN BRINKLEYState ofFloridaCounty ofFranklin

Before me, the undersigned authority, personally appeared Robin Brinkley who,being duly first sworn, deposes an4 states:I

1. he has personal knowledge:of the facts stated herein.2. he is a Franklin County Building Official, and has been s i n c e / * ~ 8 , and as partofhis duties, he is knowledgeable about building codes applicable to residentialconstruction.3. he is familiar with the Bifanos' residence on St. George Island, the one in disputein this litigation _4. he has never viewed the Bifanos' residence as anything more than a two storybuilding on pilings, and that is the interpretation ofFranklin County for thatbuilding, also.5. although there is a tower or viewing room on top of the secoq.d story, that toweror viewing room is not a "habitable floor". .& ~

Robin Brinkley /

SWORN TO AND SUBSCRIBED BEFORE ME THIS 14A DAY OF SEPTEMBER,2007.CHECKONEPersonally known y /Produced identification---- i i J : ~ ; t U ~

(describe) N Public Me1l1t'i-L lvi. ~ c . J . ~ ( \ s ~ ' . ~ 1 - ~ - - l o o < J

i ~ ~ P ~ Notary Public State of Florida ': ,Melanie MHutchins ; '. My Commission 00447369Of f \ . ~ 'Expires 07/0412009


21/33

----

/, . IIN THE CIRCUIT COURT OF THE SECOND mDICIAL CIRCUIT.IN AND FOR FRANKLIN, FLORIDA


ULRICH CONSTRUCTION, INC.; et alDefendants.____________- - - - -C1

. AFFIDAVIT OF CLAYTON ANDERSON

State ofFloridaCounty ofLeonBefore me, the undersigned a ~ t h o r i t y , personally appeared Clayton Anderson who,.being duly first sworn, deposes and states:

1. he has personal knowledge of the facts stated herein.2. he is a Professional Engineer licensed in the State ofFlorida (Fla. RegistrationP.E. 26735) and has been since ( ~ 1 ' .3. he has done the engineering work for over 100 homes on or near the coast ofFlorida, and as a result, he is; knowledgeable about applicable building codes forsuch houses j _4. he is familiar with the Bifan6s' residence on St. George Island, the one in disputein this litigation !5. he considers the Bifanos' r e ~ i d e n c e as two habitable floors on pilings. .6. although there is a tower or {riewing room on top of the second story (the secondhabitable floor), that tower o'r viewing room is not a "habitable floor".

I ~ ~ ~ ~ ~ Clayto Anderson

SWORN TO AND SUBSCRIBED BEFORE ME THIS lJ..- DAY OF SEPTEMBER,2007.CHECK ONE /Personally known_v_Produced identification f h ~ ' A : . ~

describe) Notary IiIblic Mefy Katherine Robef1s

. , , ~ My Commisllion 00336548~ o / ; I Expirw July 08, 2008


22/33

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR FRANKLIN, FLORIDA


ULRICH CONSTRUCTION, INC., et alDefendants.____________ ----:1

AFFIDAVIT OF DOUGLAS R. BARKLEY

State ofFloridaCounty ofLeonBefore me, the undersigned


23/33

U/,. } / ~ . 1rJL(L(IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUITIN AND FORiFRANKLIN, FLORIDA-- -- ------- - -- ---- - - - - - - - - - ~ - . I. I

1ICARL and SANDRA BIFANO, i,IIPlaintiffs, I CASE NO. 05-227-CAvs. Ii

I IULRICH CONSTRUCTION, INC., et alI

Defendants. !!------- ' --- '------- '1AFFIDAVIT OF CRAIG HUFFMAN

State of FloridaCounty ofLeon

Before me, the undersigned a ~ t h Q r i t y , personally appeared Craig Huffman who,-being duly first sworn, deposes and states:I. he has personal knowledge of the facts stated herein.2. he has reyiewed the construction drawings for the Bifano residence on St George

I

Island in relation to the requirements of the 200 I Florida Building Code; and inparticular the definition of habitable floors and fire rating requirements. Mystatements below are based on research of the applicable code, the standards ofaccepted practice in the design and construction professions, and historic ,..definitions of ancillary architectural elements.

3. he is a licensedpracticing Architect in the State ofFlorida. He has been inprofessional practice for 27 y ~ a r ~ ( and currently, he is Design Principal of anarchitectural firm in Tallahassee, Florida. His firm has designed over 75residential structures that have been built along the Gulf and Atlantic coasts inFlorida. Many of these have included a tower, or small "lookout" space. In allcity and county jurisdictions where these buildings have been permitted, wherethe tower was above two (2) primary floors, the code official did not require thestructure to be I hour protected.

4. he is also a professor at an accredited School ofArchitecture in Florida (Florida A& M University), and his partner is serving as current president ofThe FloridaTrust For Historic Preservation. He and his partner have done extensive researchof historical residential structures located in the coastal areas of the southeasternU.S. This research has been documented in six (6) Design Guidelines and


24/33

Architectural Standards forlcoJunercial and residential developments in Florida:South Carolina and North


25/33

I ~ - - - - - - - ---- -IN THE CIRCUIT COURT OF THESECOND-JUDICIAL CIRCUIT. . _ . _ I .- IN AND FOR FRANKLINFLORIDA---- i i '.1,

,IICARL and SANDRA BIFANO, 1IIPlaintiffs, i ! CASE NO. 05-227-CA

vs. I IULRICH CONSTRUCTION, INC.!, et

I \Defendants. i, 1I

I /

IIAFFIDAVIT OF GARY ULRICHiState of FloridaCounty of Leon I

- ii- Before me, the undersigned athdrity, personally appeared Gary Ulrich who, beingduly first sworn, deposes and states:1 \- , I- : I1. He has personal knowledge hf tile facts stated herein.I2. He is one of the defendants il l this litigation.I I- - '

3._Hehas been a licensed c o n t r ~ c t o r in the State of Florida since 1987, having been aregistered residential contractor from 5/26/87 to 11/5/04; a certified residentialcontractor from 11/5/04 to t h prfsent time; and a registered building contractorfrom 8/8/06 to the present t i te. \

4. He hasdone business a cohtrabtor both as a sole proprietor using the fictitiousname of Ulrich Construction ;andlas part of a corporation by the name of UlrichConstruction, Inc., a Florida orRoration having been incorporated on 2/17/98.

I!5. Since the incorporation ofU!hchIConstruction, Inc., he has been the President andsole shareholder of that corpdration; he is the only person within the corporationwho was licensed as a contra9torito perform construction activities of the-corporation (see paragraph 3 ~ b o y e ) . i \6. He has never been a part of any l ~ t e d liability company by the names of "UlrichConstruction, LLC" or "Gary\Ulrfch Construction, LLC"; he is part of acorporation named "Gary Ulrich Construction, Inc., a Florida corporation, and asstated above in paragraph 4, He isla part of "Ulrich Construction, Inc."

I, I _: \I I

1


26/33

7. Attached as Exhibit A is a copy of the license wmcnhe-had from t h e - D e p a r t m e n t - _ - _ ~ - _ - ~ - -ofBusiness and Professional Regulation at the time of contracting for the Bifanojob in May, 2004; that license was the renewal of a prior and similar license fromthe Department, a copy ofwmch his attached as Exhibit B.

8. Attached as Composite Exhibit C are copies of the registrations with FranklinCounty, Florida during the year 2004.9. Prior to 1115/04, he did not know that Ulrich Construction, Inc. had to be licensedby the Department ofBusiness and Professional Regulation, also, in addition to

himselfbeing licensed; he learned this at the time he became a certified Vresidential contractor, and he was notifying the Department of that change fromhis prior status as a registered residential contractor; attached as Exhibit D is acopy of the license issued to Ulrich Construction, Inc. in November, 2004.10. He is more than familiar with the Bifano house on S1. George Island, as he

participated in the planning and building of the house; his license as a registeredresidential contractor and as a certified residential contractor qualified him buildthat house11. In the planning stage for the house, the Bifanos made numerous changes to theoriginal plans as drawn by Prescott Architects, and when such changes weremade, the Bifanos each time we!'e adamant that there was no need to go back toPrescott Architects relative to t h changes made.12. There were no problems in the construction of the the Bifanos house until

December, 2004 when he pressed them for payment on past due draw requests; it /was at that time the Bifanos (ipparently employed supposed experts to look at-thehouse, and on one such o c c ~ i o n , it was reported to me by one ofmysubcontractors on the jobsite Ithat Mr. Bifano instructed one the supposed expertsto find "code violations" i

13. When the Bifanos failed to p ~ past due draw requests, Ulrich Construction, Inc.filed a lien against the Bifanos ' property, a copy ofwhich is attached as Exhibit E;Ithat lien was recorded in the OffiCial Records ofFranklin County, Florida, and theattached shows the pertinent tecording information;

14. In the response to the filed lien, the Bifano's second attorney in this matter, Sten ~ Sliger ofTallahassee, Florida:sent my lawyer, Nicholas Yonclas ofEastpoint,Florida, a letter in March, 2006, and for the first time, raised the issue of a V ~ t possible "code violation" dealing with the width of the sheetrock used in the S!'Ahouse (a distinction between 112" versus 5/8" sheetrock);

15. Also, in response to the filed lien, the Bifanos filed a Notice ofContest ofLienwhich required Ulrich Construction, Inc. to bring an action to enforce its lienwithin 60 days of the date ofthe filing of the Notice, and attached as Exhibit F is

2


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, . \ '. a copy ofthat Notice; not knowingthen for sure'whetherthe type -or thickness of -- - - - _the sheetrock was a legitimate issue, Ulricli'Coristruction;Inc., chose not to ... ' . -- ~ . 'enforce its lien and allowed the 60 days to lapse without filing any enforcementaction.

16. Subsequently, he has learned that there is no legitimate sheetrock width issue, asevidenced by three letters which he has obtained from architects and engineers inthe geographical area of the Bifanos house, copies ofwhich letters are attached asExhibits G, H and I;.17. There are no structural deficiencies in the Bifanos' hodse which imperils thestructure of the house or people who might reside inside it, as suggested by theBifanos and some of their supposed experts.18. The Bifanos' house is a two story structure on pilings, with a tower (as shown on /the plans) or a "belvedere" (see; Huffman affidavit submitted simultaneously with

this affidavit)..19. The ground "floor" of the Bifanos' house is a parking area under the house, with asmall enclosed area for storage and for an internal stairway; this is not a habitablefloor.20. The size ofthe "enclosed part of the ground floor" consists of no more than 300square feet, and it is not considered as a floor for any purpose under FranklinCounty codes or ordinances. ;

,21. Above the parking or ground "floor", there are two habitable floors suitable forliving, containing bedrooms,llivibg, dining and bathrooms and a kitchen; ,..I I

22. Above the second habitable ~ o o t , there is a small room approximately by 10 ' x16', for a total of a p p r o x i m a t ~ l y i160 square feet; this area is called a tower or"belvedere" room, and it is nOt sbitable or useable for ordinary .living, and in theconstruction trade and practice, it is not considered a habitable floor, and forbuilding code purposes, it is not considered a floor or story;

I II, I23. There is no fire code violation relative to the thickness of the sheetrock used inthe Bifanos' house; the Bifanos a:nd their supposed experts think that there isbecause they are misinformed about the number of habitable floors in this house, /and because there are only two habitable floors, the house does not need to be fireprotected in the same manner' as a house with three habitable floors.- ~ _ _ _ ' J

24. He comes to the conclusion and opinion stated above in paragraph 23 by reason ofhis own independent study of the building code, buttressed by the opinionof otherarchitects and engineers (Exhibits G, H and I attached) in the constructionindustry, and it is common and appropriate in the construction industry a person

3


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,.I I

knowledgeable about building code mattersto-consUIfWilli-6lliersalso - - - - - - = ~ ~ ~ - = - -- - ------- knowledgeable about such matters. - - - - - ----- ---- --25. The Bifanos have filed an administrative complaint against him and UlrichConsmction, Inc. relative t6 this matter, and the Department has dismissed that, Icomplaint; as shown in the ~ i s m i s s a l notice attached as Exhibit J..i I26. When this controversy first began, and before this lawsuit was filed, he offered tofix all legitimate problems with'the house, but he was not allowed to do so by theBifanos; this "offer to fix" was done pursuant to Section 558.001-558.005, FloridaStatutes; sometimes referred to as Florida' s Construction Defect Statute. lbisoffer to fix and such statute will be asserted as affirmative defenses to theBifanos' claims herein.27. Further, he ~ a not allowed by the Bifanos ~ finish t?e house, which e ~ p l ~ s . /.

why some things were never completed, which the Btfanos now complam m this lawsuit as being something which Ulrich C o n s t r u c t i o n ~ Inc. failed to do.

28. An example of paragraph 27:abd,ve relates to plumbing fixtures for the house,which the Bifanos selected, rind -Fhich Ulrich Construction, Inc. paid for, tookdelivery of, stored for a while, and then after this controversy began, tried to ./deliver for the Bifanos' use at the house, but such delivery was not allowed or accepted by the Bifanos.

,...

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II I~ - . - i s sa- Office I qf the Attorney General

Please retuni cohtpleted consumer contact fOlm to:. 'f '" ~ . () NOT SEND OBlGINALS.).. HOtti: .. .' . ' , '" .... . . . . . ; ' I ' ...',)" .... .'. .... ."'. ,, . . ' . ' ' .

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IPleaseindi,aceifyoo are over' the age of66. ~ t i d fan be enhanced for victimizingsenior citizens. Over 60 eyes 0 N, I

I '{PLBASB USE 0TllS1l SIDE Ol'l THIS FORM TO l)ESCB.lBEYOUR COMPLAINT &: AlTACH YOUll SIGNATUl\E}I
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I IIIIP I ~ c explain your complaiPt. Attach additional shccts) if n e c e s s a I ) ~. -

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~ - - - _ . .My signature a 1 1 t h Q ~ S the Attorney G e n . e r ~ " ' s Office to take any action deemed necessary forpurposes of investigation or enforcementr I rnderstand that the Attorney General does notrepresent private citizens seeking the retUrn of their money or other personal remedies. I am fi1ingthis complaint to notifY.your office of tJJ ~ v i t i e s of this company so that it may be determined iJaw enrottemeDt or aa;m is ~ t e d f 6J..Signature: Dare: f


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As explained to you and d e m p ~ t r a t e d thru the evidentiary documentsleft in your possession on F r i 4 a y ~ February 5,2010 the issue is theconspiracy -between Franklin ; C o ~ n t y and the State of Florida(Department of Business and iPr.fessional Regulation) t() cover-up widespread violation of Florida S t ~ t e IFirf? Code in those homes taller thantwo stories built in Franklin ~ o ~ n t y particularly on St. George Island,and surrounding areas of ~ Phint,. Carrabelle, etc bullt by GaryUlricb, Ulricb Construction I ~ c ~ Gary Ulrich Construction Inc. Recallthe Ulrich Deposition-dated; ~ u g p s t , 2 0 0 9 -inwhicb he admits to n e v e r ~ , Ilsing fire rated sheetrock or'i'x-board" prior to Deeember, 2004an'dFranklin County n e v e r r e q u i ~ e d f i t :. Please recan the folder labeled"DBPR Audit Trail" thatwasgifen to you and the contents ofwhichwere discussed with you on Ftid,y, February 5,2010, DBPR was made~ w a r e by os of the fire cooeVlobltioJl- on our home as early as AprD of::;'2005,and,ofotherth..ee"stor.y:homes'builtby thiscontraetorand .:b -illegallypeFmitted ~ b F r a n k l i ~ q o u n t y as early as May/June, 2007..::.

- I II IThis cover-up affects individual bome owners on St. George Island most

of which are from other S t a t e ~ a well as their insurance companies whoare carrying the fire i n s u r a n ~ ( ) these structures and the lendinginstutions who may still be invoJted in the finance of them. ( f h ~ , .-iIl4jvidu.als,.theirinsurancecbmpanies, and their lending i n s t u t i o n ~ :hav.e-fraudulently been misled tllat these structures have met aD Florida.;State Building Codes by the i ~ s u , n c e of a Certificate of Occupancy by.JFranklin County D e p a r t l D e n ~ of;Building and Zoning. J

I

We are requesting that the O f f i ~ of Attorney General bring to justice, Iall those individuals. involved 'in ~ h cover-up both at the County andState level that is, aU those i n ~ i v ~ d u a l s who wanton and willfullydisregarded and continue to 4 i s ~ e g a r d the safety of public life andproperty. We are also r e q u e ~ t i l l g t h a t the State Fire MarshallJi n v ~ t i g a t e aU homes t a l l ~ r t h ~ J ~ ~ stories built in Franklin County as jwell_as all_homes taller tbant1v0"stories built in other c o u n t i ~ s a,s eitedj.by this particular contractor in ~ i sworn deposition dated A u g u s t ~ .I2009; We


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mcin.erator homes shoutda fire :break;.outand they risk their lives tosave life and property.Attached are photos of four " o ~ e s cited in the documents in the foldertitled "Other Houses" thaty,u ~ e r e given on Friday, February 5, lOU).These homes were also cited ~ a m e in the Ulrich Depositions. Weonly cited a few homes in our Ia}vsuit against the contractor and otherdefendants to demonstrate t6at pur home was not ali anomaly. Alsoincluded is a photo ofour h o ~ e las it appeared during construction.

I .IiII,


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~ ~ / O I I L O D O ~ l : D ~ ll:lOob/olbll:l VONQ..AS PAGE 84

(C;(Q) lpYv. IProperty Owner: BIfANO, CARL &: SANDYI IAddress: 6538 MAUNA LUA DR.rV1; [.ICity/State: D t A . M O N D H E A ~ , ~ 3952$

I

Development R.-1 DWELLING I !. , ILocation: ST OEO ISL. LT 12, BLI< 69, US!Street A.ddress: 700 WEST BAYSHOREDRIVEI ICost: I II IGenIBldgIRes: GARY ULRICH C O N S T . ~ INCI ,I I, IElectrical Cont ED SELLERS , :I IPlumbing Cent: TRJ COUNTY GARlY P ~

IMechIJNAC: EA1l.L CASHRoofing Cont: BOBBY JAMESq

INSPECTIONSIFoundation:Framing: PASSEO 10-26--04Rough Pluthb: PASSED 10-26-04ROUgh Elect: PASSED lO-26.Q4Rough MechIHVAC: PASSED 10.26;.04Insulation:Drywall:Dl'ywaU SCTeW:WindOWS/doors:Siding;Rooting: PASSED 10-26-04MObile Home:Pool Steel:Pool Elect:Pool Final:Mise Final:Final Bldg rnsp:Elevation Cert: Cen ofOccup:

Penni! #:Date:Fee:

E-Pennit #:P-Permit #:M-Pennit #:R-Permit ##:

1705861212004$1,069.88

$440.000.00

17058170S8P

17058Hl'}.053R "

bifano residence

Documents