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8.a.
Board of Examiners of Contractors
Meeting Date:
05/14/2019
Re
Liskary Hernandez Comask vs. Philip Petruzelli, dba Port St. Lucie Properties, Inc. - Contractor Complaint
Submitted For:
Shaun Coss

SUBJECT:

Contractor/Qualifier DBA Competency Card State License No.
Philip Petruzzelli Port St. Lucie Properties, Inc. 1900018601 CBC1257923

CASE INFORMATION:

Ms. Comask has indicated that Mr. Petruzzelli of Port St. Lucie Properties was negligent in obtaining permits and completing the work after her home suffered a fire in 2015.

BACKGROUND

The Complainant has requested that this item be returned to the agenda for the May meeting.   It was previously placed on the agenda on August 9, 2016 and was continued to a future hearing pending the outcome of the Civil hearing.  The original damage was caused by a fire in the home in 2015.  The complainant stated that she signed a contract with Port St. Lucie Properties in September 2015 to repair/remodel her home, the roof was completely removed in August 2015, however a permit was not pulled until December 15, 2016 the following year.  The complaint was filed in April of 2016 and was placed on the August 9, 2016 agenda. 

TIMELINE

June 9, 2015 There was a structure fire that caused significant damage
August 3, 2015 Demolition application submitted
August 10, 2015 Complainant alleges demolition commenced by Port St. Lucie (PSL) Properties
August 12, 2015 Condemnation report mailed and Unsafe Building Affidavit recorded with Clerk of Court
September 16, 2015 Contract was entered into  for the rehabilitation of the structure
September 17, 2015 A revision was submitted to the demolition permit to include roof, trusses, shingles, drywall, 8 floor joists, and two (2) partial exterior walls.
September 22, 2015 The revision was approved by the Building Department.
September, 2015 The attorney for PSL Properties alleges that PSL Properties was hired to repair the property once demolition of the damaged areas of the home was completed by a different contractor.  It is also noted that the first contractor hired did not complete demolition and demolition had to be completed by PSL Properties.
November 19, 2015 A rehabilitation permit was submitted.
November 21, 2015 The demolition permit expired without having the required inspections
December 7, 2015 The rehabilitation permit was approved by the Building Department and ready for pick up.
December 15, 2015 The complainant alleges that this was the date that the contractor filed for the rehabilitation permit; the is actually the date that the rehabilitation permit was issued.  It should also be noted that the permit was not issued in November as the attorney for PSL Properties indicated in their response. It is unclear when the rehabilitation work began.
December 31, 2015 Courtesy, framing, sheathing, tie down, roof sheathing, and wind brace inspections were conducted thus indicating work commenced prior to this date.
January 7, 2015 A roof dry in inspection was conducted and approved with the exception of missing flashing in the valley.  It was not indicated by either party by either party when the owner decided to have a metal roof installed instead of a shingle roof.
January 26, 2016 A revision was submitted for the change of roof material.
January 28, 2016 The revision was approved by the Building Department.
April 12, 2016 Building Department received Contractor Complaint against PSL Properties
April 13, 2016 Notice of Probable Cause/ Hearing sent to Respondent.
August 9, 2016 Item is heard by the Board of Examiners of Contractors and is Continued until after the pending Civil hearing.
April 12, 2019 Request was made by the complainant to bring this matter back in front of the board.
April 12, 2019 Ms. Comask renewed the permit stating that all of the work had been completed.  However, final inspections were not completed.
April 23, 2019 Notice of Hearing sent to Mr. Petruzzelli and the Complainant.
April 15, 2019 All required final inspections were approved and the permit was closed.
May 14, 2019 Item to be heard at the Board of Examiners of Contractors meeting.

ALLEGATIONS

The Notice of Alleged Charges indicate that Mr. Petruzzelli committed incompetency or misconduct in the practice of contracting; and committed gross negligence resulting in significant danger to life or property.

ALLEGED CHARGES:

5.52 (3) Committing incompetency or misconduct in the practice of contracting.
5.52 (4) Committing gross negligence, repeated negligence, or negligence resulting in significant danger to life or property.

RECOMMENDATION:

To be Determined.

Attachments

Form Review

Inbox Reviewed By Date
Building Paul Thomas 04/25/2019 08:28 AM
Form Started By:
Karen Murphy
Started On:
04/12/2019 01:22 PM
Final Approval Date:
04/25/2019