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CONSTRUCTION BOARD DISCIPLINARY HEARING 8-26-25
CITY Tis I HOME OF PELICAN ISLAND BUILDING DEPARTMENT FIRE PREVENTION OFFICE 1225 MAIN STREET • SEBASTIAN, FLORIDA 32956 TELEPHONE: (772) 589-5537 FAX (772) 589-2566 SEBASTIAN CONSTRUCTION BOARD REGULAR MEETING Auimst 26, 2025 (i 6:00 P.M. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF MINUTES: Meeting from May 24, 2022 5. UNFINISHED BUSINESS: None 6. NEW BUSINESS: QUASI JUDICIAL/PUBLIC HEARINGS A. OUASI-JUDICIAL DISCIPLINARY HEARING: Procedures ,fuasi-iudicial nublic hearin, • Chair onens hearint • Attorney reads the Title • Construction Board Members disclose ex-parte communication or conflict o1 interest or site visits • City Clerk swears in all who intend to oRer testimony • Staff presents findin,s and analysis 30 min. time limit • Respondent cross examination • Respondent or respondent's aeent makes nresentation — 30 min. time limit • Staft cross examination • Board Members asks questions of the respondent and staff • Chair opens the 17oor to the Public for an tone in favor of the disciplinary action — 5 min/person time limit • Chair opens the floor to the nublic for anyone opposing the disciplinary action — 5 mini wrso, time limit • Appellant nrovided opportunity to resnond to am issues • Staffrebuttal. ifanv • Construction Board deliberation • Chair calls for a motion • Construction Board Action 1. IN THE MATTER OF MR. MARK WALKER, DB/A MKW BUILDERS, LLC ALLEGED VIOLATION OF THE FOLLOWING SECTIONS OF THE SEBASTIAN CITY CODE OF ORDINANCES THAT OCCURRED AT THE FOLLOWING LOCATIONS IN SEBASTIAN.- • 113 REDGRAVE DR. APPLICABLE CODE SECTION FROM THE CITY CODE OF ORDINANCES: SECTION 26-172. — CAUSES FOR DISIPLINARY ACTION THE FOLLOWING ACTS CONSTITUTE CAUSE FOR DISCIPLINARY ACTION UNDER THIS ARTICLE: (3) Committing incompetency or misconduct in the practice of contracting; (6) Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when: c. The contractor's job has been completed, and it is shown that the customer has had to pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer. (8) Knowingly or deliberately disregarding or violating any applicable building codes or laws of the state, county or city. B. OUASI-JUDICIAL CONSTRUCTION BOARD APPEAL: Procedures for appeals br quasi -Judicial public hearink • Chair opens hearint • A£tornei reads the Title • Construction Board Members disclose ex-parte communication or conflict of interest or site visits • Cite Clerk swears in all who intend to otter testimon+ • Appellant or appellant's agent makes presentation - 30 min. time limit • Stall cross examination • Stall'presents lindins and analisis— 30 min. time limit • Board Members asks uuestions of the Appellant and stall • Chair opens the floor to the public for an+'one in favor of the anneal - 5 min. per person time limit • Chair opens the floor to the public for an one orposim, the appeal — 5 min. per person time limit • Staf]-provided opportunity to respond to am issues • Appellant rebuttal. if an i • Construction Board deliberation • Chair calls for a motion • Construction Board Action 1. IN THE MATTER OF MR. MARK WALKER D/B/A MKW BUILDERS, LLC THE CITY OF SEBASTIAN CONSTRUCTION BOARD (HERINAFTER THE BOARD) SERVES AS THE BOARD OF APPEALS OF THE CITY OF SEBASTIAN BUILDING OFFICIAL OF THE FLORIDA BUILDING CODE, PURSUANT TO LAW AND THE CITY CODE OF ORDINANCES. APPEAL OF THE INTERPRETATION OF THE FOLLOWING CODE SECTIONS FROM THE FLORIDA BUILDING CODE: 2 1. 105.4.1, Pen -nit intent 2. 105.4.1.1, Expired pen -nit due to lack of progress requires anew pen -nit 3. 105.4.1.2, If a new pen -nit is not obtained within 180 days 4. 105.4.1.3, Work considered to be in active progress 5. 105.4.1.4, Fee for renewal set forth by administrative authority 6. 105.5, Expiration 7. 105.5.2, Closed pen -nit 8. 105.5.3, Open pen -nit 9. BRIEF ANNOUNCEMENTS: 10. ADJOURN NOTE: • IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSES, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE ALL APPEALS ARE BASED. • PER CITY CODE OF ORDINANCES, §26-40: DECISIONS BY CONSTRUCTION BOARD ACTING AS THE BOARD OF APPEALS MAY BE APPEALED TO THE CITY COUNCIL. APPLICATION FOR APPEAL OF THE CONSTRUCTION BOARD ORDER SHALL BE FILED WITH THE CITY CLERK WITIN TEN DAYS OF THE DECISION OF THE CONSTRUCTION BOARD. • PER CITY CODE OF ORDINANCES, §26-175: DECISIONS OF THE CONSTRUCTION BOARD ACTING AS A DISCIPLINARY BOARD ARE BY CERTIORARI. 3 CITY OF SEBASTIAN SEBASTIAN CONSTRUCTION BOARD MINUTES OF REGULAR MEETING MAY 24, 2022 Call to Order -- Acting Chairperson Carbano called the meeting to order at 6:02 p.m. II. Pledqe of Alleqiance -- was recited by all III. Roll Call: Present Mr. Wilcher Mr. Roberts Mr. Fortier (Zoom) Mr. Scheskowsky Ms. Carbano Also Present Manny Anon, City Attorney Wayne Eseltine, Building Director/Fire Marshal Joseph Perez, AV Technical Assistant Janet Graham, Technical Writer (Zoom) IV. Announcements and/or Modifications Mr. Eseltine announced that Ms. Carbano will act as Chairperson at this meeting, as Mr. Fortier is unable to attend in person, but he is attending via Zoom. He added that at the next meeting there will be an item on the agenda to make sure we have a Vice Chair, as our previous Vice Chair is no longer on the board. Thus, the Chair for tonight's meeting will be Ms. Carbano as the most senior member of the Board. V. Approval of Minutes -- December 6, 2021 Ms. Carbano called for approval of the Minutes from December 6, 2021. Mr. Fortier referred to Page 2 of the Minutes. The second line of the last paragraph reads ".He stated he satisfied the continuing education ..." Mr. Fortier suggested it should read "He stated he has satisfied the continuing education..." There being no other corrections to the December 6, 2021 Minutes, Ms. Carbano called for a motion. A motion approving the Minutes of December 6, 2021 with the correction as noted above was made by Mr. Scheskowsky and seconded by Ms. Carbano. SEBASTIAN CONSTRUCTION BOARD MINUTES OF MAY 24, 2022 Roll Call Ms. Carbano -- Yes Mr. Scheskowsky -- Yes Mr. Fortier -- Yes Vote was 5-0 in favor. Motion carries. VI Public Input -- None VI 1. Unfinished Business -- None Vill. New Business: Quasi-Judicial/Public Hearing: A. Quasi -Judicial Disciplinary Hearing Mr. Roberts -- Yes Mr. Wilcher -- Yes PAGE 2 1. In the Matter of Mr. Dillon Slater d/b/a Slater Construction, LLC ALLEGED VIOLATION OF THE FOLLOWING SECTIONS OF THE SEBASTIAN CITY CODE OF ORDINANCES THAT OCCURRED AT THE FOLLOWING LOCATION IN SEBASTIAN: • 116 ORMOND CT. APPLICABLE CODE SECTION FROM THE CITY CODE OF ORDINANCES: SECTION 26-172 -- CAUSES FOR DISCIPLINARY ACTION THE FOLLOWING ACTS CONSTITUTE CAUSE FOR DISCIPLINARY ACTION UNDER THIS ARTICLE: (1) DIVERSION OF FUNDS OR PROPERTY RECEIVED FOR THE COMPLETION OF A SPECIFIED CONSTRUCTION PROJECT OR OPERATION OR AS A RESULT OF THE DIVERSION CONTRACTOR IS OR WILL BE UNABLE TO FULFILL THE TERMS OF HIS OBLIGATION OR CONTRACT, Mr. Anon read the item into the record. SEBASTIAN CONSTRUCTION BOARD PAGE 3 M I N UTES O F MAY 24, 2022 Ms. Carbano called on the Board members to disclose any ex-parte communications or conflicts of interest in this matter. All indicated they had none. All who would present testimony this evening were sworn in. Ms. Carbano called on the applicant or their representative to make their presentation. There was no one present to testify on behalf of the applicant. Ms. Carbano then called on staff to make their presentation. Mr. Eseltine identified himself and reviewed the history of this case. Notice to appear was sent Certified Mail to the address on the applicant's DBPR license and with SUNBIZ. Staff also attempted to deliver the notice in person at 4853 — 61St Circle in Vero Beach. This is the address that is on record for Mr. Slater's business. Mr. Eseltine reviewed other attempts which were made to reach Mr. Slater. Mr. Eseltine offered the following exhibits into the record: 1. Applicable code sections of the City Code of Ordinances 2. Sebastian Construction Board Notice of Violation Quasi -Judicial Hearing 3. Staff Report on 116 Ormond Court. Mr. Eseltine noted that Exhibits 1 and 2 are germane to all three quasi-judicial hearings on this issue this evening. He provided copies of the applicable sections of the City Code of Ordinances to members of the Board in Chambers. Regarding the property at 116 Ormond Court, Mr. Eseltine read into the record the narrative description of the alleged violation (SEE ATTACHED EXHIBIT MARKED AS EXHIBIT 3). Ms. Carbano called on the Board members for questions/comments. Mr. Roberts -- Asked if Mr. Slater provided an explanation as to why the project was not completed on time. Mr. Eseltine stated he has not been a witness to any of that activity. He stated that the owner of the property, who is present, can attest to what has transpired in greater detail. Mr. Roberts also asked if law enforcement has been involved in this process. Mr. Eseltine stated yes, they have. Mr. Fortier -- Asked if the contracts were for $250,000.00 for each of the three properties in question tonight. Mr. Eseltine stated all the contracts were for $250,000.00. Mr. Fortier stated this sort of conduct does nothing positive for the City of Sebastian or for contractors in general. He asked the Board to look into that. Mr. Fortier asked Mr. Eseltine why this case does not mention grand larceny. He opined that there is enough to make a prima facie case in criminal court and asks why this matter is before this Board. Mr. Anon explained that this case is before this Board because this matter is under the purview of SEBASTIAN CONSTRUCTION BOARD PAGE 4 MINUTES OF MAY 24, 2022 the City's Code. Whether the local law -enforcement agencies followed up with something, that is not before this Board. Mr. Scheskowsky -- Asked if there will be penalties for each one of these three cases or all three together. Mr. Anon said these are three different properties and three different incidents, so the Board will be able to assess for each one of them. That is the reason the cases were brought in front of the Board as three different cases. Mr. Anon inquired of Mr. Scheskowsky if he supports the Board's recommendation of a fine and suspension. Mr. Scheskowsky answered yes. Ms. Carbano called on anyone from the public who is in favor of the appeal to give testimony. James Chorma, 8000 — 91 st Avenue, Vero Beach, FL. -- Mr. Chorma identified himself and reviewed the history of the project in question and his encounters with Mr. Slater. He had to pay an additional $80,000.00 out of pocket to get the project completed. There was extended discussion among the Board members, Mr. Eseltine, and Mr. Chorma regarding the history of this project. Robin DeVitis -- Ms. DeVitis reviewed that she entered into a contract with Mr. Slater and reviewed the history and activities regarding this contract. She said she lost $5,000.00 in total because Mr. Slater did refund part of her money. She does not understand how Mr. Slater could have a general contracting license and get a pool license, which are two different numbers. His general contractor's license is CGC 1526339, and the pool license is CGC 1531897. The construction is now finished. She had to get another contractor, and it cost her $60,000.00 more. Mr. Anon stated that some of Ms. DeVitis' testimony is not germane to the subject before the Board. Mr. Fortier opined that this testimony is germane to the item in question. He asked if there have been repeated incidents of this behavior, and he wonders how these "slipped through the cracks." Mr. Eseltine stated that the powers of the Building Department and this Board are limited to whatever is in the City Code of Ordinances and the Florida Building Code. The Building Department cannot get involved in contractual issues that are civil matters. His department had received several complaints. They looked into the complaints. These cases that are before this Board cover areas where the City can apply its Code by way of diversion of funds. The City has no arrest powers or criminal investigation powers. He emphasized that the matter before the Board this evening is the behavior of a license holder and their ability to pull building permits. If the license holder is not doing what they are supposed to be doing, that is why these hearings are being held tonight as disciplinary hearings, which may result in a decision by the Board to suspend permitting privileges in order to stop this occurrence from being repeated. His department has been gathering SEBASTIAN CONSTRUCTION BOARD PAGE 5 MINUTES OF MAY 24, 2022 evidence for quite some time looking into all of these complaints. But we are here tonight for three cases, and he opined that it is the Board's duty to hear the cases and make a decision as to what they want to do with Mr. Slater's licensing privileges. He added that the results of this hearing will be forwarded to the Department of Business and Professional Regulation because Mr. Slater is a state license holder. Indian River County has recently taken action for similar complaints, but staff is dealing with what involves the City of Sebastian. Mr. Fortier stated that he agrees with the other Board member who said the Board should go to the max to hold Mr. Slater accountable. Kristin Lees -- Stated that she signed a contract with Mr. Slater in August 2020. Her construction is not halfway completed to this date. She has filed a complaint with Indian River County, and she will be filing criminal charges as of this coming Friday with the Indian River Sheriff's Department. She reviewed the history between herself and Mr. Slater. She stated she had to pay for several items out of her own pocket that Mr. Slater never completed in order to prevent liens being filed against her. She estimated that she is out over $80,000.00 in order to get the house completed. She added that the work that Mr. Slater did complete on her house was substandard and had to be redone. Ms. Carbano stated that all of this information will be sent to the Department of Professional Regulations once the determination is made. Mr. Eseltine stated that any disciplinary action the Board takes on a state license holder has to be forwarded to that Department. Ms. Carbano called on staff to summarize. Regarding the property at 116 Ormond Court, Mr. Eseltine read into the record the narrative description of the alleged violation (SEE ATTACHED EXHIBIT MARKED AS EXHIBIT 1). Mr. Eseltine suggested that the motion of the Board should contain the following wording: 1. Motion to find Dillon Slater with License No. CGC 1526339 in violation of City Code of Ordinance 26-172 (5) where the contractor was unwilling to fulfill his obligations under the terms of the contract because of his diversion of funds. 2. A fine in the amount of $500.00 plus an additional $100.00 administrative fee in accordance with Section 26-175 (d) and shall be paid within 30 days. 3. All permitting privileges will be suspended for a period of two years, at which time the contractor must reappear before the Construction Board to demonstrate competency to the satisfaction of the Board before reinstating privileges. 4. Any uncompleted work that has a permit issued or applied for by this date may continue to completion in accordance with 26-175 (e). SEBASTIAN CONSTRUCTION BOARD MINUTES OF MAY 24, 2022 PAGE 6 Ms. Carbano mentioned that on the first page of this Staff Report it has the Ormond Court address, yet under the narrative it states an alleged violation for Admiral Circle. Mr. Eseltine stated he will make the correction. There was concern voiced among the Board members and staff regarding No. 4 of the motion, and extended discussion ensued regarding No. 4 of the suggested motion. After extended discussion, Ms. Carbano called for a motion. A motion containing items 1, 2„ and 3 as stated above and removing item 4 was made by Mr. Scheskowsky and seconded by Mr. Fortier. Roll Call Mr. Wilcher -- No Mr. Scheskowsky -- Yes Mr. Roberts -- Yes Ms. Carbano -- No Mr. Fortier -- Yes The vote was 3-2 in favor. Motion carries. B. Quasi -Judicial Disciplinary Hearing 1. IN THE MATTER OF MR. DILLON SLATER D/B/A SLATER CONSTRUCTION, LLC ALLEGED VIOLATION OF THE FOLLOWING SECTIONS OF THE SEBASTIAN CITY CODE OF ORDINANCES THAT OCCURRED AT THE FOLLOWING LOCATION IN SEBASTIAN: • 104 MARSH ST. APPLICABLE CODE SECTION FROM THE CITY CODE OF ORDINANCES: SECTION 26-172 -- CAUSES FOR DISCIPLINARY ACTION THE FOLLOWING ACTS CONSTITUTE CAUSE FOR DISCIPLINARY ACTION UNDER THIS ARTICLE: (1) DIVERSION OF FUNDS OR PROPERTY RECEIVED FOR THE COMPLETION OF A SPECIFIED CONSTRUCTION PROJECT OR OPERATION OR AS A RESULT OF THE DIVERSION CONTRACTOR IS SEBASTIAN CONSTRUCTION BOARD MINUTES OF MAY 24, 2022 PAGE 7 OR WILL BE UNABLE TO FULFILL THE TERMS OF HIS OBLIGATION OR CONTRACT, Mr. Anon read the item into the record. Ms. Carbano called on the Board members to disclose any ex-parte communications or conflicts of interest in this matter. All indicated they had none. Those who would testify in this matter having previously been sworn in, Ms. Carbano called for the staff presentation. Regarding the property at 104 Marsh Street, Mr. Eseltine read into the record the narrative description of the alleged violation (SEE ATTACHED EXHIBIT MARKED AS EXHIBIT 1). Mr. Anon stated that all three exhibits, 1, 2, and 3, were offered in the first case relative to 116 Ormond Court. Exhibits 1 and 2 will also apply to the case regarding 104 Marsh Street. Ms. Carbano called on questions/comments from the Board. Mr. Roberts asked if this project has been completed. Mr. Eseltine stated that the owners are very close to getting their Certificate of Occupancy. The owners of this property have taken the project over in place of Slater Construction and are having direct contact with all the sub -contractors in order to get the project done. Mr. Roberts asked if there has been any response from Mr. Slater regarding this project. Mr. Eseltine stated he has not spoken to him. The owners have been in contact with him. Unfortunately, the owners are not here tonight. Mr. Fortier stated that, in his opinion, this case also shows the propensity of this individual to put a stain on construction contractors. He opined that everything should stay as status quo as far as what the Board does. Ms. Carbano called on anyone from the public who would like to speak in favor of the appeal. Yolanda Allen -Bell -- Ms. Bell, not having been previously sworn, was sworn in. She testified that she met Dillon Slater in May of 2020. He was supposed to build a house for her mother. She gave him the first payment in April 2020. She reviewed the history of her actions regarding the contract for this house. She gave Mr. Slater $38,000.00, and he never built the house. Bruce McCullers -- He testified that he contracted with Slater Construction in August SEBASTIAN CONSTRUCTION BOARD PAGE 8 MINUTES OF MAY 24, 2022 2020. He was promised a house in six to seven months. His experience has been the same as the others who have testified in this matter. He also testified to the shoddy workmanship that was done. He switched contractors, and he is going to charge Mr. Slater in a civil action. He estimated that he paid over $100.000.00 just to prevent liens from being entered on the property. Ms. Carbano called on anyone who wishes to speak against the appeal. There being no one, Ms. Carbano called for staff summary. Mr. Eseltine read the Staff Report into the record and offered it as Exhibit 1. Mr. Eseltine suggested that the motion of the Board should contain the following wording: 1. Motion to find Dillon Slater with License No. CGC 1526339 in violation of City Code of Ordinance 26-172 (5) where the contractor was unwilling to fulfill his obligations under the terms of the contract because of his diversion of funds. 2. A fine in the amount of $500.00 plus an additional $100.00 administrative fee in accordance with Section 26-175 (d) and shall be paid within 30 days. 3. All permitting privileges suspended for a period of two years, at which time the contractor must reappear before the Construction Board to demonstrate competency to the satisfaction of the Board before reinstating privileges. 4. Any uncompleted work that has a permit issued or applied for on this date may continue to completion in accordance with 26-175 (e) He added that it is the same motion that was already set forth at the last hearing. Mr. Roberts opined that this case is more serious than the last case. Mr. Eseltine said there are no further disciplinary actions that are available for the Board to take. Mr. Fortier asked if the Board is only allowed to suspend Mr. Slater's contracting privileges in Sebastian. He asked Mr. Eseltine, since this hearing will appear on You Tube as public information, if other contractors can weigh in and send information to the State. Mr. Eseltine stated that all the findings that this Board makes will be forwarded to the State. The State will consider the case for further disciplinary action. Mr. Fortier asked if, when this case becomes public information where it is published on You Tube, contractors can contact the State to file a complaint, or is that illegal. Mr. Eseltine said anyone can file a complaint. There being no further discussion, Ms. Carbano called for a motion. A motion with the wording of Nos. 1, 2, and 3 in the motion in the previous case be used was made by Mr. Roberts and seconded by Ms. Carbano. SEBASTIAN CONSTRUCTION BOARD MINUTES OF MAY 24, 2022 PAGE 9 1. Motion to find Dillon Slater with License No. CGC 1526339 in violation of City Code of Ordinance 26-172 (5) where the contractor was unwilling to fulfill his obligations under the terms of the contract because of his diversion of funds. 2. A fine in the amount of $500.00 plus an additional $100.00 administrative fee in accordance with Section 26-175 (d) and shall be paid within 30 days. 3. All permitting privileges suspended for a period of two years, at which time the contractor must reappear before the Construction Board to demonstrate competency to the satisfaction of the Board before reinstating privileges. Roll Call Mr. Wilcher -- Yes Mr. Roberts -- Yes Mr. Fortier -- Yes Vote was 5-0 in favor. Motion passes. C. Quasi -Judicial Disciplinary Hearing Mr. Scheskowsky -- Yes Ms. Carbano -- Yes 1. IN THE MATTER OF MR. DILLON SLATER D/B/A SLATER CONSTRUCTION, LLC ALLEGED VIOLATION OF THE FOLLOWING SECTIONS OF THE SEBASTIAN CITY CODE OF ORDINANCES THAT OCCURRED AT THE FOLLOWING LOCATION IN SEBASTIAN: • 133 ADMIRAL CIRCLE APPLICABLE CODE SECTION FROM THE CITY CODE OF ORDINANCES: SECTION 26-172 -- CAUSES FOR DISCIPLINARY ACTION THE FOLLOWING ACTS CONSTITUTE CAUSE FOR DISCIPLINARY ACTION UNDER THIS ARTICLE: (1) DIVERSION OF FUNDS OR PROPERTY RECEIVED FOR THE COMPLETION OF A SPECIFIED CONSTRUCTION PROJECT OR OPERATION OR AS A RESULT OF THE DIVERSION THE CONTRACTOR IS OR WILL BE UNABLE TO FULFILL THE TERMS OF HIS OBLIGATION OR CONTRACT. SEBASTIAN CONSTRUCTION BOARD MINUTES OF MAY 24, 2022 Mr. Anon read the item into the record. PAGE 10 Ms. Carbano called on the Board members to disclose any ex-parte communications or conflicts of interest in this matter. All indicated they had none. Those who would testify in this matter having previously been sworn in, Ms. Carbano called for the staff presentation. Mr. Eseltine reviewed the history and Staff Report on this case (SEE ATTACHED EXHIBIT 1). Ms. Carbano asked Mr. Eseltine if the permit remains on hold. Mr. Eseltine stated it does to the best of his knowledge. Ms. Carbano called for testimony from the public. Paula Hegi -- testified that her contract price was $296,640.00. She signed a contract with Mr. Slater in February 2021. At that time she gave him $74,160.00, and she thought he was going to honor his contract. She gave Mr. Slater another $41,500.00. Regarding the issue with the tortoises, Ms. Hegi had a conversation on November 23, 2021 with an advocate for the tortoises. That advocate told Ms. Hegi that Mr. Slater had told her to hold off on the tortoises. So Mr. Slater at that point had $115,600.00 of Ms. Hegi's money. To this day, she has a partially cleared lot with some silt fencing, and the turtles are gone. She opined that Mr. Slater is going to leave the state, and she is not going to get her money back. She is asking for something in writing to present to the proper department so she can file a criminal complaint. She has already filed a complaint with the State. She has heard that Mr. Slater plans to leave Florida. Ms. Carbano called on members of the Board for their questions/comments. Mr. Fortier agrees that Mr. Slater needs to be in jail. He explained that there is a recovery fund through the State that will give the property owner some remuneration. Ms. Hegi stated she is aware of this fund, but she does not know if she can go through that process, as it is a long and arduous process. Mr. Roberts asked Ms. Hegi when she last heard from or communicated with Mr. Slater. Ms. Hegi said the last text message was April 4, 2022. April 13, 2022 was the last time she reached out to Mr. Slater. Mr. Roberts asked if this Board can revoke Mr. Slater's license. Mr. Eseltine stated Mr. Slater is a state -licensed contractor, and the only thing this Board can do is revoke his permitting privileges. He added that the recommendation SEBASTIAN CONSTRUCTION BOARD PAGE 11 MINUTES OF MAY 24, 2022 that staff made was to suspend his permitting privileges, similar to what the County did, for two years. Staff put in the caveat that Mr. Slater must reappear before this Board and convince the Board that his license should be reinstated. As a state -licensed contractor, all this Board can do is to stop the bleeding by revoking his permitting privileges. Mr. Fortier agreed. Mr. Eseltine added that, whenever these hearings are completed and the paperwork has been entered with the State, he will make sure that the property owners of all three of these addresses get something in writing. Mr. Eseltine presented his findings as set forth in the Staff Report (SEE ATTACHED EXHIBIT 1) and recommended the same wording for the motion as was contained in the two previous cases heard tonight as follows: 1. Motion to find Dillon Slater with License No. CGC 1526339 in violation of City Code of Ordinance 26-172 (5) where the contractor was unwilling to fulfill his obligations under the terms of the contract because of his diversion of funds. 2. A fine in the amount of $500.00 plus an additional $100.00 administrative fee in accordance with Section 26-175 (d) and shall be paid within 30 days. 3. All permitting privileges suspended for a period of two years, at which time the contractor must reappear before the Construction Board to demonstrate competency to the satisfaction of the Board before reinstating privileges. 4. Any uncompleted work that has a permit issued There being no further discussion, Ms. Carbano called for a motion. A motion with the wording of Nos. 1, 2, and 3 in the motion in the previous case be used was made by Mr. Scheskowsky and seconded by Mr. Fortier. 1. Motion to find Dillon Slater with License No. CGC 1526339 in violation of City Code of Ordinance 26-172 (5) where the contractor was unwilling to fulfill his obligations under the terms of the contract because of his diversion of funds. 2. A fine in the amount of $500.00 plus an additional $100.00 administrative fee in accordance with Section 26-175 (d) and shall be paid within 30 days. 3. All permitting privileges suspended for a period of two years, at which time the contractor must reappear before the Construction Board to demonstrate competency to the satisfaction of the Board before reinstating permitting privileges. Roll Call SEBASTIAN CONSTRUCTION BOARD M I N UTES O F MAY 24, 2022 Mr. Wilcher -- No Mr. Roberts -- Yes Mr. Fortier -- Yes Vote was 3-2 in favor. Motion passes. IX. Board Matters Mr. Scheskowsky -- Yes Ms. Carbano -- No Mr. Fortier stated that several people have come before this Board having lost a lot of money, and he is in favor of the Board assessing the highest penalty that is within their purview. X. Buildinq Official Matters -- None XI. CITY Attornev Matters For the record, Mr. Anon alerted the Board that one of the cases that was held before this Board involving Matt Hall is being appealed to the Eleventh Circuit Court, and the City is currently in litigation over that matter. Mr. Fortier reiterated that at that hearing, he did disclose at that meeting that he had had ex parte communication with Mr. Hall. XII. Adiourn There being nothing further, Ms. Carbano adjourned the meeting at 8:01 p.m. LM OF 5EBASTL'-4k,N 3"! I PV 709 i - 140ME OF PELICAN ISLAND CONTRACTOR LICENSING 1225 MAIN STREET - SEBASTIAN, FLORIDA 32958 TELEPHONE.- (772) 388-8245 - FAX (772) 589-2566 CONTRACTOR COMPLAINT AMDAVIT PLEASE Pi VNT CLE"IN CASE NO: DATE 0FSTATE1Vf1-,N'T'- - DATE OFOFFENSF- LOCATION OF 0 U FFENSE 3 -P-Cdravc STATE FL Zjp SIR, CONVA!IS'AY47 (S) COMPLAINTANT'S AnDRL-ss: 113 Oed5raur-0,-- crt-y_5e-,Qq--tiG,-, COMPL4,NTANT'S HOME PI ONF- 1i k WORK T)Q -,3CO CONTRACTOR'S NAME: Co NAME OF COMPANY: �o'10der5 sTA-rEzip CMIL q-Va - V3 3 - FL-4 3. CON=�T CM, (�M%Y .ITY. ADD UCXC�C Ve-r6 fX-QCNTAT,6�ZIP L do hereby voluntarily make the following statement without threat, offer of benefit or favor by any persons whomsoever. Did you find this persqA4.-4 and/or company through the newspaper, yellow pages and/or fliers? YES NO OTHER If NO or Other, hoe. Tnnx)ShAt\.P- �" What was your initial reason for calling this person and/or company? au 61c- j�; r -i rn�-� w 't ndow5 cnd my nae APlcX cols- ho►-„-e, What was the name of the person(s) who came to your home for the original repair and/or estimate? K)C C K Did this person (give name) _ tell you that he/she was licensed and insured? �-!S NO If YES, did he/she w you something that led you to believe that he/she was licensed and insured? S NO If YES, what type of document were you shown? __&VSkry S5 C', odd Were permits required to do the work? (YES) NO Did he/she tell you that he/she would pull the permit? YES NO Were you charged for the permit? YES NO Were you given a start and completion date? YES NO If YES, was the job started as promised? YES NO If NO, what was the reason? Was the completion date as promised? YES & If NO, what was the reason? YY1ul�i�J IQ ; P r of 5 (7'olo r-► M Once completed were you satisfied with the job? YES NO If NO, why? (2) Did you make a complaint to the contractor/company? YES NO What was the complaint? W1 Cld OWS vot((l� / 1 rcyc' 10 ror,4)A r -Y& .edt-' ne\ In c on n - n(-)i- 1ns�CG I C'Ud-e, What was their response to your complaint? � rN ► ski Q l r j vA} Keeps -SCLI A �v W ► \ fmte tA- YD-� d(4) ,r-kslrt^q ,�lcx-� Did the contractor/company ever place a lien on your property? YES NO If YES, what date was the lien filed? In your own words, what is the complaint? Please print clearly. We- ins-edl ccx,�r��Mar�� �p�tker,0\ur�er pf MKI�! (��ik�l�r5 �n Ivvvern�e� 21 `i ►n � �� m�ec� W��-io� , tl �r (� r n�'�ih5 ryYA 4 �Ar� v �F erns, bd hIm I (rclerkri, t "M -S, aot ' (Y\,a °Ilen UrLy � cPsr ni (4)10 51 J 1 �f'I�imcr,SY� � {� , 11e ►.�I+�,�,-,� le 1� �: �\:ecx tom. tn���\I t�:in� � -�-o {�-c�e,�- ��� 4 n1� �n,hally A1r), cncck ihen G,,') (-'Va r'ct Q r ► Ce_ 1 �f'f Y� Q 'S122c k 61 to nu .-,rJ A &ztp,-Tr)ea-- @ bur.) 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QPNC Online Banking Date Description Amount Account $2.243.00 This Is an image of a check, substitute check, or deposit ticket Refer to your posted transactions to verify the status of the Item. For more Information about image delivery dick here or to speak with a representative call: 1-888-PNC-BANK (1-888--762-2265) Monday - Friday: 8 a.m. - 9 p.m. ET, Saturday & Sunday. 8 a.m. - 5 p.m. ET. INIL I 4UA4 #C 00149 YYIY-LLN QIKPNCI� w '661 0 COWUN "10. MW PW %wKiW SM4089 &", M&M fttft ftufflwd. t4w Lkerm- 0 pta ement 0 ftfth dObtS in UVIHS Aft4k With papt -6 a loting Matwllilsi 4au eh do -9 with bill- d' 01'. fn --a In. Doubleswin", mp'lleftrat with Winds' M. 00 MO: AI &00 Tow, h tf 09 M6vq ON dig 064t �rmwc Instatinew lbor itch MOM or Wideta Aman! MrIM00ou $0 r WeAmr ItOplace OxIMM9 whidowo vWth Im Impact rated vvind6wt, with screens and grids, $9j266 Mist matooets, 6crWws,'ahJMS. polyur-6thatiowififtwbuckVhg&-waterotooling(itc. $7SO tabor IROM&O and (118 obb of Oftfing Windowt. 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KW Budder ADDENDUM TO CONSTRUCTION AGREEMENT (Change Order) (Use for Every Change in Plans, Specifications or Scope of Work or in Owner's Optional Selections) Date: 6/10/25 Contractor: MKW Builders LLC Owner(s): Steven & Diane Marini Job Description/Address: 113 Redgrave Dr. Sebastian, FL 32958 The Contractor and Owner hereby agree to amend the Scope of Work as follows: Unforeseen conditions not accounted for in the original proposal are as follows: Three windows that require mullions (Locations: Dining room with 4 clip connection points, front facing bedroom with 2 clip connection points, and master east facing window with 2 clip connection points) require the following work due to existing wood framing not as required per NOA specifications: Interior drywall jamb and wall removal to expose framing clip attachment all 3 windows Dining room window requires interior sill removal to the round Remove mulls, screws and screws for window frame. r. Add specified structural wood members where needed, both vertical and horizontal locations where clip/mull attachment is required. Reattach mulls, clips and window frames to new structural wood members per NOA specifications. Remove and replace any and all screws to meet NOA specifications. Arrange for Framing inspection and FINAL with all work exposed on the interior (Mull to clip attachments, structural framing, and screws.) Upon approval of FINAL inspection (Completed at the same time as framing), arrange for drywall replacement, hang and finish. Labor to complete above scope of work (Demo, removal, framing, reattachment, inspection: $2,500.00 Materials to complete above scope of work: $750.00 Drywall hang and finish: $1,750.00 ESTIMATED ADDITIONAL TIME REQUIRED BY THIS ADDENDUM: 5 working days. ADJUSTMENTS to Contract Price for above X Increase CONTRACT PRICE BY $5,000.00, payable: PRIOR TO WORK COMMENCING This amount does not include the remaining balance for the original scope of work which is $9,200.00 $6,200 original proposal balance, plus additional costs which include: $500.00 for new window sills, $1,000 for drywall hang and finish and $1,500 in additional labor and materials for installation which could not be done as planned due to existing window 1" flange being covered by 1 inch of wall stucco AND 1" of band stucco. A "No Flange" application is not allowed in a wood frame application. This required the removal of all stucco bands on the exterior of the windows, disposal fees, additional labor time and material costs. ****NO CHARGE FOR STUCCO PER VERBAL AGREEMENT WHICH WAS $1,900.00**** — kl�-- - - Acknowledgment Contracto s Owner(s) or Agent's Acknowledgment Mark V Presic License #: CI Email: MarkOMKWHuitders.com Mobile: (772) 360-8980 ' Web: MKWBuilders.com From: Mark r-nark@tT)kwbL]ilder-s.com Subject: Re: Marini Windows Date: Jun 6, 2025 at 12:37:30 AM To: Diana Marini di-narin-00 maii.corn Steven and Diane Marini, Our answer to your first 3 requests: 1. Your project was complete and was ready for inspection. Unfortunately, you chose to interfere at the building department with our permit. Your project did not require a framing inspection, which is completed when the openings are exposed. Your project is a window and door replacement permit. However, instead of allowing us to do our job, you overstepped and decided to play politics with the building department. To further explain, if a framing inspection was required, we would have had to leave your skylight exposed with a hole in your roof until all of the windows were installed and the windows could not be sealed up until the framing inspection was passed. With the incorrect window deliveries pushing your window install out for months, that was not a possibility, nor was it a requirement. Your project was completed in phases, with the garage door, front door and skylight completed in December, the single hung windows completed in January, the arched windows in March/ April, and the final window installed at the end of April. Instead of allowing us to work with the building department to get this situation resolved, you inserted yourselves and made the situation extremely complicated. To address your concern about the mullion clips, yes, that was an oversight by the crew that we have no problem fixing. The clips are required per the NOA specifications and we did not know that the crew did not attach them. If we were required to have a framing inspection it would have been fixed before sealing up your windows. The City of Sebastian Building Department does not state the requirements for a window/door replacement permit framing inspection and there are no requirements for a framing inspection on this type of permit anywhere to be found. Their failure to provide these requirements to the contractor is a major issue and we are going to make sure this is corrected by them going forward and will hold them accountable. The Indian River County Building Department has a Final inspection only on a retrofit window and door permit. This is typical of most building departments, so due to the City of Sebastian Building Department not disclosing their unique requirement of a framing inspection on a retrofit window and door permit, we had no way of knowing about it. Upon going over the NOAs with our crew, and explaining the importance of following the instructions therein, they mentioned that the existing wood framing around the 3 windows with the arches that the mullion clips have to attach to might not match the required southern yellow pine framing required per NOA specifications. Mark will have to remove the drywall to expose the framing to confirm this is the case. If that is the case, that means, in order for us to pass the framing inspection and install the clips per NOA specifications, the wood framing around these 3 windows must be removed and reframed using the specified Southern yellow Pine (SYP) 2x4s that are called for in the detail. To summarize, the drywall must be removed 2 feet on each side of each window, and below the window. The insufficient framing must be replaced with SYP #2 Structural 2x4s on each side of the windows and at the sills. Then the clips and window frames will be attached to the new wood framing and left exposed until the framing inspection is passed. Once that inspection is passed, the window can be resealed, jambs and wood framing will then be drywalled and finished. This is the best case scenario. Worst case scenario is we would have to completely remove the window, including the stucco bands, reframe the entire window, attach the clips and window frame to the new SYP #2 Structural framing members, leave exposed for inspection and then proceed with sealing, drywall and redoing the stucco bands. Best case scenario it will cost you $5,500, worst case scenario it will be $7,500. This is another one of those unforeseen issues that can arise during construction, and although it will cost more, you can rest assured that your windows will be 100% installed per Florida Building Code and NOA requirements. Unfortunately, there is no other way to proceed with the framing inspection and to close out the permit at this point. If you would like to proceed with the additional work that needs to be completed, we will provide you with a change order to sign and we will require payment before starting the work. This cost is in addition to the remaining balance owed to us. Once payment is received for the work included in the change order, we will schedule the start date. We estimate it will take approximately 2 working days to complete the framing, the framing inspection will be done on the 3rd day and then it will take 2 days for drywall hang and finish. That's the timeline. 2. The leaking window - You can not use the hose on your windows for more than a quick light spray. If you look at your windows on the exterior you will notice small holes in the bottom of the window frames. Those are called weep holes. The weep holes are designed to allow any water that intrudes the window frame to leak out so the water does not build up inside the frame and then leak inside your window jamb. When you use the hose directly on the windows for longer periods of time, the water builds up inside the frame and cannot drain through the weep hole fast enough to prevent leaking on the inside. Mark thought he explained this to you before, however, we are stating it again to make sure you understand that. Mark would also like you to know that the windows that are not arches at the bottom of the sill have a flap on the weep holes that allows water inside the frame to drain, but prevents bugs/ water from getting in. It is recommended that once a year, you open the lower windows and use AIR (not water) to blow out the bottom sill to ensure the weep holes are working correctly and to prevent build up from blocking the weep holes from draining. Mark noticed and pointed out to Steve today, that you did not seal the outside of the stucco bands to the exterior wall on ANY of the windows. Those stucco bands around ALL windows need to be sealed with polyurethane ALL THE WAY AROUND THE BANDS ESPECIALLY AT THE TOP OF THE BAND. The top of the band is a common place where water can sit and seep through where the band meets the wall. Mark observed a hairline crack on the band at 10:00 on the radius of the window you have a leak issue with, and pointed it out to Steve. He recommends filling the hairline crack with polyurethane sealant and after it cures, reapply hot stucco primer before final epoxy paint. If you do this, the crack will be invisible. As long as all you follow these recommended steps around all of your stucco bands, you should have no issues. The bedroom with the arch window has unprimed areas on the high point of the stucco band where the band meets the soffit. Excess stucco at top of radius band needs to be dug out and filled with polyurethane sealant. I also recommend a second coat of the white hot primer on all bands protruding at least 6 inches of face wall. Applying a high grade exterior epoxy stucco trim paint will provide you with an additional level of protection against cracks and water intrusion. You decided to be the painter, and the priming and polyurethane sealant around the outside of the stucco bands is part of the painting work and is critical to the waterproofing and sealing process of exterior stucco. It is my responsibility to apply the polyurethane sealant to where the window frame meets the stucco bands. I have done that to the point where I cannot apply any more sealant to the window. Water is not penetrating through the sealant that I have applied. Its impossible. Once you have finished the sealing, priming and painting on your stucco bands, if you are still having a problem with the window leaking, then it is his professional opinion it would be a manufacturer issue, that could be a problem with the glass to frame attachment. In this case, the manufacturer's authorized warranty representative is the only authorized party allowed to correct a manufacturing defect. 3. The expired permit issue was an error on the building department. You misunderstood what qualifies a permit to be considered expired. A permit expires after 180 days if work has not commenced within the 180 days or if the contractor has abandoned the project. neither of those scenarios apply to our permit. Our permit has been returned to the proper active status. We have a meeting with the City Manager and Wayne Eseitine next week and this error by the building department will be discussed at the meeting. So in response to your request for our plan regarding the expired permit, it has already been fixed. Once we have completed the work required and passed inspection, you will be provided with a final invoice. Upon receiving payment in full, we will provide you with a receipt along with the other documents you need for the MSFH grant and your records. As for the false statements you have made regarding a lack of communication from us, you know that is completely false. We have promptly returned your texts, emails and phone calls and have been in constant communication with you since the start of this project. We understand that living in your home during construction is frustrating and inconvenient. We hear it all the time. Unfortunately, there is nothing we can do to change that. Things happen, and you just have to roll with it. We don't hold it against you for letting your frustration get the best of you. We get it. We get frustrated too. We would like to bring down the high charged emotions, and please know that while we are not perfect and we do make mistakes, we are fully committed to seeing your project through to completion. Your new windows are beautiful and your home is not only better protected from hurricanes, it also looks prettier too. Thank you, Mark & Kelli Walker Cell: (772) 360-8980 www.MKWBuilders.com ---- On Mon, 02 Jun 2025 16:17:03 -0400 Diana Marini <dmarinil0@gmaiLcom> wrote --- MKW Builders On May 28, 2025, we sent an email requesting a timeline for the completion of this project, which has now been ongoing for over six months. Despite additional follow-ups via text and phone, we have yet to receive a clear project timeline or a definitive response regarding when Mark will address the leaking window —an issue that has been known for over a month. On Friday, we contacted My Safe Florida Home to inquire about our options, as we have paid for this project in full. We were advised to explore the possibility of splitting the permit. Upon calling the building department, we were informed that the current permit is set to expire this Sunday. This means that no inspection can be scheduled unless a new permit is issued. At this point, we are requesting the following: 1. A written timeline for project completion. 2. A scheduled date when Mark will inspect and address the leaking window. 3. Your immediate plan for resolving the issue of the expired permit, including whether a new one will be obtained and how that will affect the project timeline. We expect a response by Thursday, June 5th, so we can determine the next steps. In response to your statement that you would not be removing or replacing anything an inspector needs to see —and that this would fall on us at our own expense —we began conducting our own research. We spoke with several reputable contractors, all of whom expressed disbelief that such a statement would be made. They were unanimous in their position: it is the contractor's responsibility to see the job through to a final, approved inspection. No contractor would agree to step in under an active contract, and certainly not to assume responsibility for ensuring inspection requirements are met for work they did not perform. Additionally, as the contractor of record, you have a legal and professional obligation to your customer to ensure the project meets code and passes inspection. We also consulted the building department to clarify the requirements for final inspection. We were informed that clear photos of the brackets attached to the mullbars are necessary. The photos you uploaded do not show the required brackets. Every contractor we spoke with confirmed that not only are the brackets required, but verifiable photographic documentation is needed to obtain approval. If the brackets were indeed installed, you are welcome to return to the site, cut the drywall as necessary to expose them, and take the appropriate photographs to provide to the inspector. This is your responsibility, and we expect it to be handled promptly. If you did not install the required brackets, this is a serious issue. Without them, the windows will not pass inspection and are not up to code. The only remedy would be to remove and reinstall the windows correctly, in compliance with all applicable building codes and inspection requirements. This responsiblity falls squarely on your company. You are the contractor on this project and we ar your customers. You had a clear obligation to ensure that our impact windows were installed properly and to code. Since this would be a contractor error, there is no additional cost to us. At this point, we are dealing with two distinct issues —one for each project — and both require your immediate attention. 1. MSFH Project: The My Safe Florida Home (MSFH) portion of the project is complete, but the permit has now expired. As the contractor, and given that you have been paid in full, it is your responsibility to fulfill your contractual obligations and secure a new permit so the final inspection can be scheduled and passed. There is no barrier to re -permitting this work, and this should be handled without further delay. 2. Window Project: We need to determine whether the required brackets were installed in the three windows in question. Until that is confirmed with proper documentation (including the required photos), we cannot proceed with inspection or sign off. If the brackets were installed, you —or someone on your team —must come on site, expose the areas in question, and provide the necessary photo evidence. Additionally, we have been repeatedly asking for Mark to come and inspect the leaking window for several weeks now. Despite this, no visit has occurred, and Mark has not been on -site in nearly a month. Before the inspection, we informed you that three windows were leaking, and instead of inspecting the issue firsthand, we were wrongly accused of applying high pressure to unbanded windows. This accusation was not only incorrect but also avoidable had a proper site visit taken place. Proof from Fredy, who completed the stucco work, clearly shows the windows were banded and even primed weeks prior. The photo you referenced was of the high replacement window that had just been installed and was not fully taped —no one ever stated that window was leaking. It has since come to light that these windows were never caulked, which appears to be the actual cause of the leaks. We expect the contractor to take responsibility for the workmanship and to care enough to investigate issues directly, rather than deflect or make assumptions without proper site inspection. Please respond with your plan to address both the expired permit and the unresolved issues with the window installation, including a date when someone will be on site to inspect and document the windows. We have a serious concern regarding the continued lack of communication and resolution surrounding both the MSFH project and the window installation. Over the past six months, we have had to consistently initiate contact just to receive basic updates on work being done to our home. This ongoing lack of proactive communication has not only delayed the project but has led to significant frustration and, at one point, an unfounded accusation of harassment on our part by you. That accusation was deeply inappropriate and unprofessional. Now, we are left with an unresolved homeowners insurance issue right at the start of hurricane season. We are now obligated to install our hurricane shutters, at a significant cost, to maintain compliance with our policy. We do not want to hear how busy you are. You accepted this job six months ago, have been paid in full for the MSFH portion, and we have extended every courtesy and patience throughout. It is time for action and accountability. If we do not receive a satisfactory response and plan within that timeframe, we will have no choice but to escalate this matter to the appropriate authorities and oversight bodies. That said, we sincerely hope we can still come to a resolution and complete this process professionally and respectfully. Thank you, Steve and Diana Marini On Thu, May 29, 2025 at 10:24 PM Mark <mark(a-)mkwbuilders.com> wrote: I'm only asking for pictures of the window so that I can assess the situation. Tomorrow if you can please send me pictures of the inside and the outside so I can determine what needs to be done, then I can be prepared to fix it. Mark Walker President Cell: (772) 360-8980 www.MKWBuilders.com ---- On Thu, 29 May 2025 22:12:27 -0400 Diana Marini<dmarinil0(a7gmail.com> wrote ---- Also, we did not get hard rain here today. Yesterday it was blowing in sideways Sent from my Phone On May 29, 2025, at 9:58 PM, Mark <mark(d),mkwbuilders.com> wrote: I didn't think the window sill was in question because we came to fix it right away. Can you please send a couple of pictures of where the window leaked? Did it leak again today with the rain? I didn't see a leak or where the water came in from the picture Steve sent me. Mark Walker President Cell: (772) 360-8980 <MKWB_ BLACK.ang? www.MKWBuilders .com ---- On Thu, 29 May 2025 20:49:21 -0400 Diana Marini<dmarini10(a7gmail.com> wrote ---- I wanted to send you a picture of the window sil in question. Luckily, I took a picture!mage0.jpeg it was being balanced on those black sticks. As I stated, we would not have put pressure on it. It did fall on its own. Sent from my Phone On May 28, 2025, at 8:43 PM, Mark <markna mkwbuilders.com> wrote: See below: Mark Walker President Cell: (772) 360-8980 <MKWB_ BLACK.png? www MKWBuilders .corn ---- On Wed, 28 May 2025 20:01:22 -0400 Diana Marini<dmarinil0@gmail.com> wrote ---- Thank you very much for responding. Please see below responses from us, I commented after you with ***** first so you can see what I stated. markOmkwbuilders. com Thank you for your email. The proposal amount of the scope of work for MSFH and the windows is based on our assessment of the existing conditions and the application we plan to do. Unfortunately, as with every remodel, there can be unforeseen conditions that are exposed when we begin removal. that's what happened with your windows. We based our proposal amount on removing the windows from the inside. However, due to the way the existing windows and stucco were installed, that was not possible. The windows had to be removed from the outside and the stucco bands had to come off. That means an increase in cost for stucco removal and repair, and additional labor to install. Mark notified you of this and you still wanted to proceed with the window replacement. Mark offered to pay for half of the stucco, but he should not have done that. These are your windows and if you wanted them replaced that's what it took to accomplish it. *****Understood and in my email, I was only recapping. However, even when you were both here that was never verbialized and is not in the contract. We completely understand that things happen, but when we financed exactly what was told, it was an unforseen expense. * we can't guarantee everything will be as expected. That's just the way things go sometimes. The labor and materials covered under the MSFH grant was completed and paid for by us. We can't hold our subcontractors for months without payment. This is common practice in construction. *******I am sure it is common practice and I am sure no one intended for this to go 6 months uncompleted. However, the contract states final payment to be made upon final inspection passing. We had no reason back then to think anything other, but I am pointing out good faith on our part. You requested we hold off on installation of the windows until the holidays due to Steve being home on vacation. Unfortunately, we could not get our crew to work during the holidays and we scheduled to install after new Years. Upon arriving, it was discovered that we could not install the windows as originally planned, and that HOME DEPOT had made a mistake on the size of 4 of the windows. Home Depot does not take returns on custom orders, unless it was their fault, which it was. You wanted to proceed with the replacement even though there would be an increase in cost and labor. *********According to texts between Steve and Mark, Steve texted Mark on 12116 stating stating he was taking vacation on 12/23 if he could start then. That was only a one week delay, and as of 12/16 we did not have a start date anyway. * just stating that the windows weren't installed at the same time as the other items because Steve wanted to be home for installation. Unfortunately it was over the holidays which is a difficult time to get anything scheduled. When the second windows came in, they came in with no lattice. There was confusion on how this happened, but after Mark met Steve there, they proceeded with reordering the windows with the lattice. Again, not in our control. The drywall installer repaired the drywall around the windows. They use drywall mud to finish the drywall. This is how drywall is done and I'm not aware of any other process. ***************i would love you to come over and look at this drywall. I can upload pictures if you want. When the drywall guy came back to fix it, he said he was told to only use mud. He proceeded to show us pictures of other houses he has done "the correct" way. He said he was not sure why he was told to do it this way. We cannot leave it this way and will have to hire someone else to fix it. * the drywall guy feathered in the drywall around the frame that needed to be repaired from installation of the windows. The cost to tear out and replace all the window jambs and corner bead etc. would have been much more expensive and was not in our scope of work. If that's what you want, we will provide you with the drywall guys contact and you can hire him to do that. We are not. responsible for your the chip. *****we never said you were, again, just pointing this out. Upon installing the window in the master bath, it was broken. We ordered a new one at our cost. What is the problem here? *****No problem here, again, I was pointing out fact that led to another delay. The window was broken by the kid putting it in. My neighbors saw it happen. *yes, I said it was broken, by us, and we paid for a new window. It was a delay, and we apologize but we took care of it. The bands have to stay off until they are inspected. Once the inspection is passed, we will install the bands and if they are not correct, you can address that with the manufacturer. *************Again, I would love you to come see this. They actually put the bands on all 3 windows. The inspector peeled them off. However, when they put them on to start with, someone cut them and put them on the wrong window. When Mark came, he saw the bands were too short on the windows leaving a big gap. When your son and the other worker came, I heard the worker tell your son that someone cut them. He picked up and said see, you can see where it was cut. So you actually can't put these bands back on the windows, because they were ruined by whoever put them in to start. * to clarify, is it all the bands or just 3 of them? Either way, that material comes from the manufacturer so it can be ordered. You texted Mark about a window sill that "fell off', and when our crew came to look at it was clear someone put pressure on the sill and popped it off before it was dry. We reinstalled the sill. ********my husband and I live here alone, I can assure you neither of us put pressure on it. * the sill doesn't just pop off. But again, we fixed it right away. Multiple times you claimed the windows were leaking, however they were leaking after you were pressure washing and spraying them with the hose. To boot, you were doing this before the stucco bands were installed on the outside. You can't do that. The crew came to recaulk the windows and then you proceeded to do this again 1 day before inspection and sent Mark a text saying the windows were leaking. You cannot blast your windows with a hose and pressure washer, new or old ever. The windows are not leaking when it rains, and they are all caulked. If you still have a window that is leaking, it's a manufacturer issue that needs to be addressed under your warranty. ********Only ONE time, on 4/27 did we text Mark to tell him the windows were leaking. All 3. We absolutley did NOT put pressure on the window. We lightly used a hose to clean them because the stucco bands left a mess. Yes, the stucco bands were already on and done, and I had already primed them. Freddy did them on 3/31 and l have the receipt. The next day, after inspection, your son and the same worker came back and he told me there was no caulk done and that this was most definitley their error. He proceeded to caulk all 3 windows. We waited days and lightly put a hose on the windows and now only the front one is leaking. It is most definitlely not a manuafacturer defect. I have texted Mark and asked him to come and put his eyes/ expertise on it see if he can see where it is leaking from. He has not even looked at the leaking windows himself. Also, we had rain today and the front window DID leak. * it was twice, and Steve sent a picture of the window from the outside that did not have the stucco done yet. The second time, Steve is in the background of the picture with the hose. You can't take the hose to the frame of the window. Please send a picture of the window that leaked in the rain today so that we can assess where the issue is. They caulked all the windows with marine grade silicone. If it's is leaking at the gasket on the glass to frame or frame to frame, then that's a manufacturer issue. Upon arrival of the inspector, you told him you had leaking windows, (failing to mention you were blasting them with the hose) the window locks weren't working, etc. The garage door was approved, the skylight was approved and the front door needed a couple of longer screws which was immediately corrected. No big deal. We uploaded the pictures to the building dept portal along with a letter explaining the situation. *****Again, no one blasted the windows with anything, so I legitimately don't even know where you would come up with that. *picture sent by Steve. We are swamped with other projects right now but we need to reschedule the final inspection. Please note: If the inspector wants to see something that has already been completed, you will need to hire someone else to do that. We will not remove or replace anything that has been completed at this time. Once the inspection is completed, you will receive the final invoice and upon payment will receive the documents you need to the MSFH grant. ********** If the inspector needs to see something, I don't think he will pass the inspection.... then what? We don't know what else the inspector would need to see, just making you aware we aren't going to be removing or replacing anything. Unfortunately, there were multiple issues that occurred on your project that were not the fault of you or us. We have tried to accommodate you and have been willing to do whatever we could to make you happy. We would appreciate your cooperation in seeing this through to the finish line so we can both move on from this. ******** I will agree that not one single issue has been our fault. *ok Let me know when you are available to provide access to the inspector. ******I have told Mark multiple times that whatever he needs/whenever he needs it, we will make it happen. We are eager to get this done. Hurricane season starts next week and we do not have completed windows. this will be a problem with our homeowners insurance. I am sure you can understand my anxiousness about that. If the two of you would like to come over so you can put eyes on this yourself, we would be happy to have you come anytime. Thank you, Steve and Diana *As stated before, we are swamped right now and from my understanding the only issues are 1. With the drywall finishing and 2. The 1 window that leaked today in the rain. If you send me the pictures of the window where it leaked I can assess what needs to be done and go from there. Thanks, Mark Walker President Cell: (772) 360-8980 <I .p�g> www.MKWBuilders ---- On Wed, 28 May 2025 15:40:25 -0400 Diana Marini <drnarinil0CE;'gmaif.com> wrote --- MKW Builders, We are formally asking for a timeline and a completion date for our windows and what your intent is moving forward with this project. We have asked many times via text message and have gotten no definitive answer or follow up. This project was started in December of 2024. We have been patient and gracious with all of the mistakes made that has hampered getting our windows completed. A quick recap. We were quoted a price and we asked multiple times if that was the final price, as we were obtaining financing for the exact amount. We were told the windows would be removed from the inside, therefore we would not need stucco. Contract signed on 11/5/24 and check for half of total job was given for $8443.00. Front door, sky light and garage door for My Safe Florida Home and impact windows we would be paying for. One permit was pulled on 12/3/24, even though we were under the assumption that it would be two permits, for the two separate jobs. 12/16, the My Safe Florida Home job was complete. We were asked to give a check for the remaining balance of that job. Check was given on 12/19/24 for $2243.00. It should be noted that per contract, we should not have paid this until final inspection was complete and approved. We were told vendors needed to be paid and would we please pay. We complied as asked. After cutting out my dining room window from the inside, it was determined that the windows did actually need to be done from the outside, therefore now there was a fee for stucco, which was not in the contract. We agreed to pay for half. At this time it was also discovered that the wrong size windows were ordered for all 3 windows that have an arch on top. We were given the copies of the home depot order and the wrong sizes were ordered. We had to wait 4 weeks for new windows. Meanwhile all other rectangle windows were done. The drywall was done sloppily as the person doing it said he was told to only use mud. We complained numerous times about the uneven and cracking drywall. Drywall installer also chipped our tile in our den, which was immediately conveyed via text with a picture. In February, the new windows came in for the arch windows and they were again wrong. The size was correct, but the style wrong. They wouldn't have matched the top piece. Again we had to wait for new windows. On 3/26 they finally installed all the arch windows and broke the small arch window in our master bathroom upon installing. I would also like to note that there are bands that came with each window, measured for each arch. Upon installing the bands were cut to put on incorrect windows, now rendering them useless. You can clearly see where they were cut. You cannot get these bands from home depot, you have to get them from the window company. On 4/27, we found that all 3 arch windows were leaking. We also found that the arch window in the master bedroom has defective glass and should never have been installed. There was a final inspection set for Monday the 28th, so out of courtesy we notified you of leaking windows immediately. On 4/28, the inspection, by City of Sebastian, failed. Not only due to the leaking windows, but a litany of other issues, including that the windows were not even properly screwed in. That afternoon on 4/28 two workers showed up, one was your son, to take a look at the leaks. They found that no one caulked any of the windows. They agreed it was an error on their part. Now, one window is still leaking. We have made numerous attempts to get this resolved. We have clearly made ourselves available for whatever needs to be done. I have a major concern of us getting mold due to the window now leaking for a month with no one coming out to address this. As of today, 5/28/25, the windows are still not complete, we have no timeline. I cannot get reimbursed from my safe florida home, hurricane season is upon us and this leaves us open to issues with our homeowners policy if a storm hits. We are going to have to pay someone to come out and put back up our hurricane shutters. We are also eventually going to have to pay someone to come out and fix all the drywall properly. I am going to be reaching out to My safe Florida Home this week to see what we can do. We have truly been accommodating and forgiving even after all of the mishaps. Again, not one single delay or mistake has been our fault. 6 months later, our home is incomplete and left for risk of storm damage and mold. We would like to move forward with completing this project professionally and respectfully. Please respond to this email with plan and a timeline for these windows to be fixed so that we can all move on. Thank you, Steve and Diana Marini 12:044 *df V- IM +1 (772) 360-8980 Not a problem, Steve already reached out Ito him him - which dog was it? Had to be the older guy. Anyway. Best of luck with him Yes, Tucker, the brown one. He literally just had surgery 4 weeks ago. 12:04 * *111 19% 42 +1 (772) 360-8980 'Thank you' I 6 -1 Hi Mark, just wanted to check in to see where we are at. Also; your guy and son carve last week to caulk those windows that vvere leaking. They told us they missed it when they installed. The bedroorn and front dining room are novi fine, no leaks, but the front bedroom still has a small leak on one sine and likely jest reeds more caulk. Let me more caulk. Let me know if he can come back out so I can keep my docg. down. Thanks so much Diana I'm hor-ne all day tomorrow. We are 12:06 4 .al = a 01 +1 (772) 360-8980 Wow. I will have them by tomorrow sometime in the AM 4k thinks. 12:05 4 T +1 (772) 360-8980 Good evening. Mabey someone home Friday morning for us to pop in? Let me know "hanks Sounds good. Should be early. I'll let u know .811 '7',% cc Hey Mark, just wanted to check in with you and see what your plan is for this week. Getting a little nervous with hurricane season starting and I need to get with my homeowners insuranceA,".. I'd also really like your eyes/expertise to come and see where/how the front window is leaking from prior to any inspection. we can mspe von. we can make anything work for you this week. Thanks so much and God willing, we are almost to the finish line:) Thanks so much I know you vviant to get this done as well. Is there sLII)Posed to be another Is there supposed to be another inspection this week? Oh that's fantastic news!! anytime you can run by to check out the leak, we k%611 make it work for you. My clog is still recovering Morning Mark. Just wanted to do a quick check in with you to see if you're going be able to come by this week to check out the leaking window. I'm actually off on Friday if that works for you? if not, I'll make anything else work for you,, l believe the inspector that carve the first works for you? If not, I'll make anything else work for you. I believe the inspector that came the first time said if any windows are -leaking, it won't pass inspection. So, we should probably make sure this is fixed prior to final. Thanks a bunch and whatever, you need, we will make happen. Hey mark, here are some pictures. Let me know if there is a different view you want. I'm working from horne today if 12:06 A +1 (772) 360-8980 I will have to see in person. The photos are just to dark and I contrasted. Anyway. I have inspections all day in vero and will look at the schedule with Kelli to get you in ASAP H sell 1-1P Q If you need to cone after hours/ Sent from my Phone 12:06 4 +1(772) 360-8980 VC1 ova 1. 1 r it; Ps wty'a are just to dark and i contrasted. Anyway. I have inspections all day in vero and will look at the schedule with Kell! to get you in ASAP That's great. Good Info. Thank you I will be in touch soon .*$1 = Q; �0 6:27 . ^ • (=r Mark (windaws) Hi mark I been in meetings. I will Get back to you in about hour. Thanks - Dever mind for tommororw. I have an independent consultant coming in to help. 11 be in touch I talked to the inspector and am putting the things together for him that he has requested for reinspect. No problem �k 5:27 9 Im.• Mark (uwigdowsj 5:27 . V, a -,- Marc twigdowsy Just checking in on if anything is scheduled this week? 4 My first priority is getting inspection. The only thing they need is pictures and I sent there. That way I can get paid. I sign off and You can get paid. It's a win win. Then punch out the 'listw and anything that lingers after that we can call in the manufacturer and show there any defects with product and at least if they give us new they pay for it not us I'm down Chris this week so Thursday or Friday inspection I looked at your punch list and we will fix them all. The only thing I'm having a hard turtle with is that a window is still leaking. We've been back and apply silicone, caulk, finish strips etc. at least 3 tunes in all windows so 5:27 . V e Mark (windows) that tells me it's us it's the window. No big deal but it's clearly a manufacture issue and I promise they will fix it or replace it. Talk to you soon Sounds good. See you then. I trust your "feeling" so please , . show me that spot or spots and we I apply marine grade silicone to the whole wall we have to. Thinking that when it rains water is coming in is killing me Steve. I want you guys dry Hev steve. Not sure if i can oet <• 5:28 . 0-1* • Mark (windows) Good day just checking in to see if anything is on schedule for tomorrow Hey steve. Not sure if I can get an inspection tornmorow. So aright be next week. I'm waiting on their review of my latest submittal. I'll keep you posted Of course. Please dent let it make u miss a day of work We can work around that Yes sir 5:28 5 - • Yes sir r� CD1 Mark (windows) T14U, M2i. 22 ail 7-3, I Pry' Things got to crazy this week. No final inspection yet. But I will come out and look at the pending issues Long weekend coming up and I'm working so I will fit you in LOk thank you just me know I will. Thank you a-28 , To <O 01 Mark (Wri in) You got ft. Let nre put this together and have it to you by tomorrow. LeVs get it clone Just following up on any plans for this �me�ic? Yes sir. I will confirm the day shortly 1O0 5:29 i ^° • �. A 01 Mark (windows) Good morning just following up on the text from last night. Tb AL Good morning. let me get through the weeds and set up a time to come over Good info. I will make that work I will confirm 5:29 , 1P • Mark (windows) Hi Mark, I'm just following up to see if you're able to make it today. I should be home around four.-.- Hey Steve can you send me the pictures of the vAndow that was leaking from the rain yesterday? Can't rnalho coo nrn4hinn from 5=29 41 1P a r` lot.k L Mark (windows) The permit does not expire Sunday. The work has to commence within 180 clays of the permit being issued. So we are all good. Just got this sorry. Yes sir. Clearing up a few minor details and sending it over to you Steve Marini Down to Earth Landscape & Irrigation Regional Operations Leader SE Florida 772-300-1642 (cell) Sent from my Phone PROPERTY LISTED HEREIN. (ML ESS 1 [ IF. OWNER OF SUCH PROPERTY TAKES ACTION TO SHORTEN i H:E Tll IE PERIOD. IHIF LIFN MA1• REMAIN VAI 11) F01`1 ONE ff-AR FROM !`HE DATE OF RECORDING HAVE BEEN EXPIRE- AND THIS �L - MI- t I I e LIitder�.i,.ned +.., public. per;onall} appeared -Pllark, N"110 ,I Mangy in il4errrbQr - of �.t �.t..� >�� ��llt and tia� s lira,r sltc or he is the _-__-- - 4 113 Abington Woods Circle .'tloKI BUILDERS LLC I-ienor. %khose address is g and that in accordance with a contract ,kith — --- I.ienor furnished tabor, services or materials Steven and Diana Marini 4,11;i;t;, of Remove existing front entry door, skylight, garage door and windows, replace same With HVHZ / Irrrpact rated- roducts. Permit 24-4148 JurisdictiOn:.Ci4 Of Sebastian n the fctllu�� iii described real properly in INDIAN RIVER County, Florida to wit: I.c_31 D:: cription SEBASTIAN_ HIGHLANDS UNIT 17 BLK 458 LOT 23 P818-48 ned by Steven and Diana Marini liar a. total value of $ 19.887.75 hick consi-sts of the contract amount of $16.887.15 and $3.000.00 in change orders, of which there remains .si i s 9,200.00 _ (plus interest accruing at 1.5% per month, l 8% per annum.) and furnished the first �: 2 02 5. 1=inal I'tlte items on DecerMber 16 _024 and the last of the items on — June 5 June 19 202; I::MKW if! d C -/' Mark Walker - Managing Member -I 11 Ibin-ton Vero 13;-ach, 1.1oricl:t 3120250035056 RECORDED IN THE PUBLIC RECORDS OF RYAN L. BUTLER, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3790 PG: 1472 Page 1 of 1 7/152025 11.51 AM TO AND 51;11SC'lZ1EiED l;F ORF ME, by means of [�hysical presence or[ ] online na.nzatiun, b) _�!1�C'}� (tJG� l � f , Who is [ ] personally known to nt*+or _Le-0, A4, as identification, and who did take an oath this / S - day of State of F loridai ?votary Seal: ;ut.,r% Signature: t tuntnislum Expires: JAIME GARCIA ra Notary Public. Slate of Florida Commission# HH 382596 My mmm. expires April 3. 2027 MMH Law I t Rc�?gr:t� L 1>ri, e Attn: Jennifer Clark 3550littschwood Park Drive Tampa, Fl_ 33618 i i MKW Builders ADDENDUM TO CONSTRUCTION AGREEMENT (Change Order) (Ilse for lwcry Change in Plans, Specifications or Scope of Work or in Owner's Optional Selections) Date: 6110125 Contractor: MKW Builders I.LC Owner(s): Steven & Diane Marini Job Description/Address: 113 Redgrave Dr. Sebastian, FI.32958 The Contractor and Owner hereby agree to amend the Scope of Work as follows: Unforeseen conditions not accounted for in the original proposal are as follows: 11 rce windows that require mullions (Locations: Dining room with 4 clip connection points, front facing bedroom with 2 clip connection points, and master east facing window with 2 clip connection points) require the following work duc to existing wood framing not as required per NOA s 6fw.Akn'*.S: Interior drywall jamb and wall removal to expose framing clip attachment all 3 windows Dining room window requires interior sill removal to the ground Remove mulls, screws and screws for window frame. Add specified structural wood members where needed, both vertical and horizontal locations where clip/mull attachment is required. Reattach mulls, clips and window frames to new structural wood members per NOA specifications. Remove and replace any and all screws to meet NOA specifications. Arrange for framing inspection and FINAL with all work exposed on the interior (Mull to clip attachments, structural framing, and screws.) Upon approval of FINAL inspection (Completed at the same time as framing), arrange for drywall replacement, hang and finish. Labor to complete above scope of work (Demo, removal, framing, reattachment, inspection : $2,500.00 Materials to complete above scope of work: $750.00 Drywall hang and finish: $1,750.00 ESTIMATED ADDITIONAL TIME REQUIRED BY `i"HIS ADDENDUM: 5 working days. ADJUSTMENTS to Contract Price for above X Increase CONTRACT PRICE BY $5,000.00, payable: PRIORTO WORK COMMENCING 'Ibis amount does not include the remaining balance for the original scope of work which is $9,200.00 $6,200 original proposal balance, plus additional costs which include: $500,00 for new window sills, g1,000 for drywall hang and finish and $1,500 in additional labor and materials for installation which could not be done as planned due to existing window 1" flange being covered by 1 inch of wall stucco AND 1" of band stucco. A "No Flange" application is not allowed in a wood frame application. This required the removal of all stucco bands on the exterior of the windows, disposal fees, additional labor time and material costs. ****No CHARGE, FOR STUCCO PI R VERBAL AGRUNENT W141CIi WAS $1,900,00**** Contractor's Acknowledgment Owner(s) or Agent's Acknowledgment SUMMARY OF ACTIONS REGARDING MKW BUILDERS Address: 113 REDGRAVE DR. Permit no. 24-4148 11/22/2024 MKW Builders applied for a permit. Window/door replacement permit issued on 12/3/2024 Permit Expired on 6/3/2025 — Permit extension provided on 6/10/2025 by the Building Official to provide the contractor time to bring the installation into code compliance. New expiration is 9/3/2025. Proiect scope: Garage Door, Front Entry Door, Skylight and all 9 Window openings replaced with impact windows First Inspection occurred on 4/28/2025. Inspection failed by John Parker; states the garage door was okay but the front door was missing the correct screws, all windows were missing screws, trim caps were concealing other fasteners. Inspector asked if there were photos of the installation of the skylight and mullion bar clips that are now concealed. Inspector also noted that the homeowner stated some windows are leaking. Second inspection was scheduled for 5/9/2025 but was cancelled by Andy Yackso. Andy said he went to the job; homeowner called the contractor who was not site. Andy spoke to the contractor and asked if he had the pictures that John requested. Contractor said he did not have the pictures and stated he was not ready for inspection. Andy canceled the inspection. An Expired Permit Notice was sent by staff on 6/2/2025. Permits expire if they are not in active progress. Active progress is defined as having an Approved inspection every 180 days according to FBC section 105.4.1.1 and 105.4.1.3 MKW Builders had multiple phone conversations and a -mails with Deputy Building Official Dan Hainey and submitted a 4-page letter to the permit file on 6/3/25. Contractor's letter contained description of events leading up to the first inspection and the expressed dismay about the inspection process, city staff, the expired permit notification, etc. etc. The letter stated everything was corrected and ready for inspection. On 6/4/25 another submittal from MKW Builders was uploaded to the permit containing mullion attachment details and pictures of windows laid out on the grass with all the parts prior to installation. The owner also contacted the building department to inquire about the failed inspections and the Expired Permit Notice. Dan Hainey explained that a re -inspection needed to be performed which would involve having to remove some calk and/or drywall in order to expose hidden fasteners for the mullion clips. The owner agreed to the request. A re -inspection was set up to meet the contractor on the job with the Deputy Building Official Dan Hainey, accompanied by the Building Official, Wayne Eseltine. Re -Inspection was performed on 6/5/25 with the Dan Hainey and Wayne Eseltine. The contractor, Mark Walker was present and refused to remove any caulk or drywall to allow the inspection to take place. The owner agreed to allow the Deputy Building Official to remove caulking in one window and drywall in another in order to expose mullion clips and fasteners. What was found in both instances is the contractor did not install the mullion clips or fasteners in accordance with the product approval. This is a critical structural component of the installation. It was also observed that there were missing screws in the window installation and undersized screws used throughout and evidence of leaking windows. The contractor, Mark Walker witnessed the inspection and stated he would have to come back and make corrections and reschedule with the Building Department, stating he would replace the windows from the inside. On 6/5 and 6/6/2025 A series of a -mails were passed back and forth with the Building Official and Mark Walker from MKW Builders. Mark objected to the inspection record by Dan Hainey and that it was not specific enough and wanted to see an itemized list of inspection requirements on the city's website for a window and door replacement permit and where it says pictures are required. MKW Builders indicated their lack of knowledge to the framing inspection ahead of time was detrimental to them performing their work as the contractor. In. the a -mails MKW Builders state there is missing framing around 3 of the windows and that this was going to be an added expense to the owner in order to bring the installation into code compliance. The Building Official explained that all the required inspections are listed on the front of the permit, it is the contractor's responsibility to schedule inspections timely, supervise their work, know the code requirements and make any necessary corrections. Any questions about the inspection process could have been answered by contacting the building department ahead of time. Requested meeting with City Manager and Building Official on 6/9/25: • MKW Builders insist that the permit should not have expired since they had a partial approval of the garage door installation during the first inspection, where the rest of the installation failed inspection. The Building Official explained that the permit expires after 180 days if it does not receive an approved inspection. In the spirit of cooperation, the Building Official extended the permit for 90 days to allow time to make corrections. • MKW Builders reiterated their dismay that the City's website does not show what is included in a framing inspection on a window/door replacement permit and complained that they were not notified ahead of time that the pictures were needed. Building Official explained that means and methods is the contractor's responsibility and the installation cannot be concealed. The Building Department chooses to include a framing and final inspection with window/door replacements. The framing inspection needs to be scheduled before the attachments are concealed or take pictures to show code compliance. The required inspections for each permit type appear on the front of the issued building permit. • Mark Walker stated they will go back to make corrections as long as the owner paid for them to reinstall the windows. Mark also stated the wood framing at the perimeter of the windows would have to be replaced otherwise there would be screws going into air. • The Building Official asked why the missing framing was not addressed when the window was first removed, Mark Walker stated the owner was unwilling to pay for this extra work. The Building Official stated that regardless of the payment a licensed contractor cannot perform work that is not code compliant and any damaged or missing wood bucks should have been replaced at time of installation. MKW Builders continued to complain about the fact that the stucco had to be replaced that this was not figured in the bid. The Building Official asked Mark Walker if the stucco was existing when he bid the job, the answer was yes, but he planned to remove and reinstall the windows from the inside and preserve the stucco but found out the windows have a 1" flange and could not be removed from the inside. The Walkers became more combative, the City Manager ended the meeting and they were asked to leave the building. On 6/10/25 MKW Builders provided the owners with a change order to remove the windows that failed inspection and specific details about removing drywall on the inside, installing missing framing around the 3 windows, reattaching windows and window mullions and getting inspections. Total cost to the owners is $5000 plus an additional $3000 for additional costs associated with the initial installation for reasons which they describe, once they discovered they could not install windows from the inside as planned. On 6/13/2025 the owners, Steve and Diana Marini, submitted a Contractor Complaint Affidavit to the Building Department outlining their complaint with MKW Builders. They included a narrative, original contracts, proof of payments made, copies of past a -mails and latest change order as mentioned above. • Based on the complaint an investigation was opened by the Building Official to determine if there was Cause for Disciplinary Action in accordance with City Code of Ordinance 26-172. In conversations with the owner, the Building Official was asked if they could hire a different contractor to fix the window installation. The response was yes, the owner is obligated to complete the work, but the new contractor would have to submit their own permit application for the work and have it inspected accordingly. On 7/15/2025 An application was received from a Building Contractor who was hired by the Marini's to remove and replace windows as needed to bring the completed window installation incorrectly installed by MKW Builders into code compliance. On 7/31/2025 the Building Official was asked by the new contractor to witness the removal of the existing work as the first window was being removed and reinstalled. What was discovered is there were undersized screws used throughout, no sealant was installed behind or around the window beneath the stucco, no window flashing tape was used over the bare wood, evidence of leaking windows, no mullion clips installed and the original construction of the home from 1988 had no wood framing around the top of the arched window. On 7/15/2025 MKW Builders filed a construction lien on the owner's property for a total of $9200; $6200 remaining on the original contract plus $3000 in change orders. On 7/22/2025 MKW Builders filed a City of Sebastian Construction Board Appeal to the office of the City Clerk. Appealing the interpretation by the Building Official for certain sections of the Florida Building Code. APPLICABLE FLORIDA BUILDING CODE SECTIONS TO THE DISCIPLINARY HEARING FOR MKW BUILDERS, LLC SECTION 110 INSPECTIONS 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain exposed and provided with access for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the owner or the owner's authorized agent to cause the work to remain exposed and provided with access for inspection Durooses.thebug4it44dotd,%UbeMwft, adto.mqukeabotutdaTyKnesurveyprepamdbya i d Woissionjid �r het-e bower *es snot In rely d in fthe 'flel Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 110.3 Required inspections. The building official upon notification from the permit holder or his or her agent shall make the following inspections, or any other such inspection as deemed necessary, and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. 110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. 110.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. FLORIDA BUILDING CODE RESIDENTIAL 11609.1 General. This section prescribes performance and construction requirements for exterior windows and doors installed in walls. Windows and doors shall be installed and flashed in accordance with the fenestration manufacturer's written instructions. Window and door openings shall be flashed in accordance with R703.4. Written installation instructions shall be provided by the fenestration manufacturer for each window and door. R703.4 Flashing. ...The flashing shall extend to the surface of the exterior wall finish. Approved flashings shall be installed at the following locations: 1. Exterior window and door ooenincs. Flashing at exterior window and door openings shall extend to the surface of the exterior wall finish or to the water -resistive barrier compk,inc with Section 703.2 for subsequent drainage. R703.2 Water -resistive barrier Not fewer than one layer of water -resistive barrier shall be applied over studs or sheathing of all exterior walls with flashing as indicated in Section R703.4, in such a manner as to provide a continuous water -resistive barrier behind the exterior wall veneer. 105.5 Additional options for closing a permit. Pursuant to Section 553.79(15), Florida Statutes, a property owner, regardless of whether the property owner is the one listed on the application for the building permit, may close a building permit by complying with the following requirements: 1. The property owner may retain the original contractor listed on the ;=ermit or hire a different contractor agpropriatel; licensed in this state to Derform the work necessary to satisfy the conditions of the permit and to obtain any necessary inspection in order to close the Kermit. If a contractor other than the original contractor listed on the permit is hired by the property owner to dose the permit, such contractor is not liable for any defects in the work performed by the original contractor and is only liable for the work that he or she performs. 2. The property owner may assume the role of an ownerbuilder. in accordance with Sections 489.103(7) and 489.503(6), Florida Statutes. 3. If a building permit is expired and its requirements have been substantially completed, as determined by the local enforcement agency, the permit may be closed without having to obtain a new building permit, and the work required to close the permit may be done pursuant to the building code in effect at the time the local enforcement agency received the application for the permit, unless the contractor has sought and received approval from the local enforcement agency for an alternative material, design or method of construction. 4. A local enforcement agency may close a building permit 6 years afterthe issuance of the permit, even in the absence of a final inspection, if the local enforcement agency determines that no apparent safety hazard exists. For purposes of this section, the term "close" means that the requirements of the permit have been satisfied. CIIYcF CITY OF SEBASTIAN, FLORIDA 1225 Main Street Sebastian, FI.32958 � o P_- PH: (772) 589-5537 FAX: (772) 589-2566 0 BUILDING PERMIT HOME OF PELICAN ISLAND PERMIT INFORMATION PERMIT NO: 24-4148 ISSUE DATE: 12/03/2024 ADDRESS: 113 REDGRAVE DR WORK TYPE: WINDOW /DOOR REPLACEMENT PERMIT TYPE: RESIDENTIAL ALTERATION LOT / BILK: SUBDIVISION: SEBASTIAN HIGHLANDS UNIT 17 TOTAL FEES PAID: 79.00 DATE PAID: 11/22/2024 PARCEL NUMBER: 31392900001458000023.0 CONTRACTOR INFORMATION OWNER INFORMATION NAME: MKW BUILDERS LLC - MARK WALKER NAME: DIANA & STEVEN M MARINI ADDRESS: 4113 ABINGTON WOODS CIR ADDRESS: 113 REDGRAVE DR LICENSE NO: CBC1267842 PHONE: No Number Provided PHONE: 1772) 360-8980 DESCRIPTION OF WORK: REMOVE AND REPLACE WINDOWS WITH NEW IMPACT RATED WINDOWS, REMOVE AND REPLACE FRONT ENTRY DOOR WITH IMPACT RATED DOOR, REMOVE AND REPLACE GARAGE DOOR WITH IMPACT RATED GARAGE DOOR AND REMOVE AND REPLACE A SKYLIGHT WITH AN IMPACT RATED SKYLIGHT. YI3�Q1UIRED INSPECTIONS 7FINLUILDING FRAMING ) THIS PERMIT BECOMES NULL AND VOID IF CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS FROM ISSUANCE, OR IF CONSTRUCTION IS SUSPENDED, OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME. THE CONTRACTOR HAS CERTIFIED BY SIGNATURE OF APPLICATION, THIS DOCUMENT AND PLANS AND SPECIFICATIONS ARE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED OR NOT. NOTICE ** IN ADDTION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS APPLICABLE TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY, AND THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER GOVERNMENTAL AGENCIES SUCH AS WATER MANAGEMENT DISTRICTS, STATE AGENCIES, OR FEDERAL AGENCIES. ** WARNING TO OWNER ** YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. THIS PERMIT SHALL BE AVAILABLE ON SITE AT ALL TIMES. INSPECTIONS SHALL BE COMPLETED PRIOR TO PERMIT EXPIRATION TO AVOID ADDITIONAL FEES. REQUEST INSPECTIONS: By phone at 772-589-5537 OR online at www.mygovernmentonline.org CITYCIF HOME OF PELICAN ISLAND Permit Number 24-4148 Jurisdiction Sebastian Customer Mark Walker Scheduled 4/28/2025 12:50:00 AM Details Inspection Report Inspection Date: 4/28/2025 8:14:14 AM r1^r'�,- FAILED Mark Walker should contact Sebastian at (772) 589-5537 for further information. Work Order Number Inspection Number 40618792 33434376 Inspection Type Inspector Framing John Parker Address Phone 113 REDG RAVE DR, SEBASTIAN 32958 (772) 360-8980 Completed 4/28/2025 8:14:14 AM Uploaded 4/28/2025 8:58:14 AM Provide photos of mull bar clip attachments. Provide photos of new window bucks for framing inspection. Garage door OK. Front door missing correct screws at hinges and strikes. Provide photos of skylight framing and fasteners. All windows are missing fasteners and home owner claims some windows are leaking. Remove all trim strips at concealed fasteners. Inspection stopped. You can download this report or request additional inspections at www.MyGovernmentOnline.org. For software assistance please call 866.957.3764. For questions about this inspection please contact your iurisdiction CIIYOF a W4 Inspection Report �- HOME OF PELICAN ISLAND FAILED Permit Number Work Order Number 24-4148 40881099 Jurisdiction Inspection Type Sebastian Framing Customer Address Inspection Date: 6/5/2025 12:18:57 PM Mark Walker should contact Sebastian at (772) 589-5537 for further information. Inspection Number 33657500 Inspector Daniel Hainey Phone Mark Walker 113 REDGRAVE DR, SEBASTIAN 32958 (772) 360-8980 Scheduled Completed Uploaded 6/5/2025 12:00:00 AM 6/5/2025 12:18:57 PM 6/5/2025 12:36:47 PM 1 Comments to address the first inspection results : 1. Missing screws at all windows installed, contractor added incorrect size screws per window product approval installation instructions. 2. Mull bars installed with out mounting clips at 3 window locations per mull bar product approval installation instructions. 3. Front door sill not sealed, tapcons added to sill are not holding. F.B.0 R609 fenestrations shall be flashed per AAMA and installed per the manufacturer's installation instructions You can download this report or request additional inspections at www.MyGovernmentOnline.org. For software assistance please call 866.957.3764. For questions about this inspection please contact your jurisdiction C" OF 5EBAST" HOME OF PELICAN ISLAND BUILDING DEPARTMENT 1225 MAIN STREET - SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5537 - FAX (772) 589-2566 EXPIRED PERMIT- 30 DAY NOTICE. Date: 05/02/2025 Contractor: MKW BUILDERS LLC Owner: DIANA & STEVEN M MARINI 4113 ABINGTON WOODS CIR 113 REDGRAVE DR VERO BEACH, FL 32958 SEBASTIAN, FL 32958 Permit No: 244148 Work Description: WINDOW / DOOR REPLACEMENT Permit Address: 113 REDGRAVE DR Expiration Date: 06/01/2025 SEBASTIAN FL 32958 Dear Permit Holder, The above referenced permit(s) has not had an approved inspection for 150 days or more and will expire on the expiration date shown above unless an approved inspection has been granted. In accordance with Florida Building Code Section 105.4 and City of Sebastian Land Development Code 54-1-2.3(2) permits that have expired due to lack of progress or abandonment become null and void. Please schedule inspections through the customer portal at MyGovernmentOnline or by calling 772-589-5537 If an inspection cannot he scheduled and nerformed -prior to the expiration date. a written request to the Building Official showing just cause for the delay may be submitted for review. Reinstatements and period of time allotted to obtain an approved inspection will be at the discretion of the Building Official. NOTE: Expired permits that are not re -instated within 180 days from the original expiration date require a new permit in accordance with FBC 105.4.1.2. A new permit application will be required along with appropriate plan submittals. All existing work and new work is required to be brought up to the current code. New permit(s) will require the pavment of all permit fees including applicable sub -permits and plan review fees. LICENSED CONTRACTORS who fail to comply with the above directive may have an immediate administrative hold placed on their license. The department may seek disciplinary action through the City of Sebastian Construction Board. If you have questions, please contact the Building Department at 772-589-5537 Sincerely, Wayne Eseltine Building Official o7ti C* SEBAST" HOME OF PELICAN ISLAND BUILDING DEPARTMENT 1225 MAIN STREET - SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5537 - FAX (772) 589-2566 EXPIRED PERMIT NOTICE OF VIOLATION Date: 6/2/2025 Contractor: MKW BUILDERS LLC 4113 ABINGTON WOODS CIR VERO BEACH, FL 32958 Permit No: 24-4148 Owner: DIANA & STEVEN M MARINI 113 REDGRAVE DR SEBASTIAN, FL 32958 Expiration Date: 6/1/2025 Work Description: WINDOW / DOOR REPLACEMENT Permit Address: 113 REDGRAVE DR, SEBASTIAN, FL 32958 Dear Permit Holder, The above referenced permit(s) has not had an approved inspection for 180 days and is now expired. In accordance with Florida Building Code Section 105.4 and City of Sebastian Land Development Code 54-1-2.3(2) permits that have expired due to lack of progress or abandonment become null and void. By way of this letter a STOP WORK ORDER IS NOW IN EFFECT for the above permit(s) and no further inspections are authorized. A violation has been placed on this property, which may jeopardize the issuance of any future permits and/or sale of said property. The oriYinal Permit mar be re -instated within 30 days from the date this notice of violation is received with a written request to the Building Official showing just cause for the delay and paying the expired permit fee. Re- instatements and period of time allotted to obtain an approved inspection will be at the discretion of the Building Official. NOTE: Expired permits that are not re -instated within 180 days from the original expiration date require a new permit in accordance with FBC 105.4.1.2. A new permit application will be required along with appropriate plan submittals. All existing work and new work is required to be brought up to the current code. New permit(s) will require the pavinent of all nermit fees including applicable sub -permits and plan review fees. LICENSED CONTRACTORS who fail to comply with the above directive may have an immediate administrative hold placed on their license. The department may seek disciplinary action through the City of Sebastian Construction Board. If you have questions, please contact the Building Department at 772-589-5537 Sincerely, Wayne Eseltine Building Official On QF SEBASTIAN HOME OF PELICAN ISLAND BUILDING DEPARTMENT 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5537 • FAX (772) 589-2566 Date: 6/10/2025 Permit No: 24-4148 Work Description: WINDOW / DOOR REPLACEMENT Permit Address: 113 REDGRAVE DR BUILDING PERMIT PLAN REVIEW COMMENTS Building Status: General Cautionary by Wayne Eseltine This permit expiration date has been extended 90 days to allow the contractor time to make the necessary repairs to bring the installation into code compliance. Original expiration was 6/3/25. New expiration is 9/3/25 8112125, 11:17AM DBPR - WALKER, MARK; Doing Business As: MKW BUILDERS LLC, Cerfified Building Contractor w HOME CONTACT US MYACCOUNT .� bpr. , ONLINE SERVICES LICENSEE DETAILS 6 11:16:45 AM 811212025 Apply for a License Licensee Information *4 Verify a Licensee Name: WALKER, MARK (Primary Name) K, MKW BUILDERS LLC (DBA Name) View Food & Lodging Inspections Main Address: 4113 ABINGTON WOODS CIR File a Complaint VERO BEACH Florida 32967 County: INDIAN RIVER Continuing Education Course Search License Information View Application Status License Type: Certified Building Contractor Find Exam Information Rank: Cert Building Unlicensed Activity Search License Number: CBC1267842 Status: Current,Active AB&T Delinquent Invoice & Activity Licensure Date: 06/03/2024 List Search Expires: 08J3112026 Special Qualification Effective Qualifications Construction 06/0312024 Business Alternate Names View Related License Information View License Complaint 2601 Blair Stone Road, Tallahassee FL 32399 :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395 The State of Florida is an AA/EEO employer. Copyright ©2023 Department of Business and Professional Regulation - State of Florida. (privacy Statement Under Florida law, email addresses are public records, If you do not want your email address released in response to a public -records request, do not send electronic mail to this entity. Instead, contact the office by phone or by traditional mail. If you have any questions, please contact 850.487.1395. *Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, licensees licensed under Chapter 455, F.S. must provide the Department with an email address if they have one. The emails provided may be used for official communication with the licensee. However email addresses are public record. If you do not wish to supply a personal address, please provide the Department with an email address which can be made available to the public. Please see our Chapter 455 page to determine if you are affected by this change. https://www.myforidalicense.com/LicenseDetail.asp?SID=&id=5039D26607438l A68ABAAD581 C8BO2DO 1 /2 LETTER AND PICTURES UPLOADED TO PERMIT FILE BY MKW BLDRS. ON 5/13/2025 mov -- Builders May 13, 2025 Pictures and Information Related to Permit # 24-4148 Job Address: 113 Redgrave Drive To Whom it May Concern, I am attaching the photos I have of the work performed on this project as requested by I have verified ail window fasteners are secured and the correct screws for the front entry door are in place. The homeowner claimed his windows were leaking, however, he did not tell you they were leaking due to him blasting the windows with his hose. The weep holes are not designed to take on that kind of water. There is nothing wrong with the installation or the product itself. me Know it you in order to complete this project. If you have any questions, feel free to contact me at (772) 360-8980. Warm Regards, Mark Walker President MKW Builders LLC Mailing Address: 4113 Abington Woods Cir. Vero Beach, FL 32967 Phone: (772) 360-8980 Email: Contact G MKWbuilders.com License # CBC 1267842 LETTER UPLOADED TO PERMIT FILE BY MKW BUILDERS ON 6/4/2025 June 2, 2025 Sebastian Building Department 1225 Main Street Sebastian, FL 32958 RE: Expired Permit Notice of Violation Permit 24-4148 113 Redgrave Dr. We obtained this permit December 3, 2024 to include the scope of work for the following: Replace garage door, front entry door and 1 skylight under the My Safe Florida Home Grant and replace existing windows with new impact windows. The windows were not part of the grant, however all work was performed under one permit. We coordinated with the owner to begin the work on December 16, 2024. We installed the new skylight, garage door and the front door. There were no issues. The owner requested we wait until he was home on vacation over the holidays to install the windows. Unfortunately, we aren't available during the holidays. The first week of January, we coordinated to begin the window work. Upon trying to remove the first window, it was clear that the originally proposed process to remove the windows was not going to be possible. It would now involve removing the stucco bands from the exterior which is a time consuming and involved process. Prior to continuing the removal, Mark spoke to the owner to notify him of the situation and asked if he still wanted to proceed with the job. The owner said he wanted the windows replaced and understood there was going to be an extra cost associated with this. They continued to remove and replace the windows and finished the majority. We discovered 3 of the windows were the incorrect size. Home Depot had made a mistake. We had to order the 3 new windows and hold on finishing the replacement until those windows came in. During the wait, the stucco bands, window sills and drywall was finished on the majority of the windows. Upon arrival of the replacement windows, Home Depot did not order them with lattice another mistake. The owner had a meltdown at the store. We told him we could install the lattice on the exterior, or he would have to wait for new windows with the lattice. He chose to wait for new windows. This decision caused another delay that was out of our control. The owners complained nonstop, demanding I leave my other jobs to come there to be harassed. I sent my crew to the job numerous times to satisfy the owners complaints and to correct some minor deficiencies that I saw when I was there to inspect the work. In total, we have been to this project at least 10 different times. After taking the harassment and abuse from these owners for months, I had enough and told them to stop harassing me or I would not continue the project. On or about March 26th, we returned to the project to install the 3rd set of the 3 windows that had arrived. Unfortunately, a window was broken during the install process, so we had to order a replacement AT OUR COST. When that window came in, we scheduled the install on our about the 23rd of April. While waiting for the final window to come in, the stucco and drywall was completed on the other windows. After we installed the final window, we called in for inspection on April 25th. Mailing Address; 4113 Abington Woods Cir. Vero Beach, FL 32967 Phone: (772) 360-8980 Emall: Contact @MKWbuilders.com License # CBC 1267842 The day before the inspection, on April 27th, the owner sent us pictures of the windows and what looked to be water on the floor inside the house. He told us his windows were leaking. It had not rained so we didn't understand where the water was coming from. When we zoomed in on the picture he sent, you can see him standing in front of the window with the hose. He said he was using the hose to clean the windows. We told him NOT TO DO THIS because the caulking and unprimed stucco needs time to cure. He continued to do it, and according to the wife, they "lightly used the hose to clean the windows". THEY CAN'T PUT THE HOSE ON THE WINDOWS FOR A WEEK TO ALLOW THE POLYURETHANE SEALANT/STUCCO TO CURE!!!!! Can't be more clear about the instructions. The inspector came at 7:30am, never notified us that he would be out that early, and did the walk through with the owner. The inspector was correct about the screws in the door, the garage was approved. He wanted pictures of window bucks, mull bar clips, and skylight framing and fasteners. The inspector, John Parker, was rude, did not cite any building code on his report and when questioned he was combative. Mark returned the attitude. We returned within a few days to recaulk and remove the trim strips off the windows, switch out the couple of screws for the longer screws in the front door, and make sure all screws in the windows were attached and secured according to the NOAs. We called in for reinspection on May 8th, about a week from the first inspection. Mark kept checking the schedule for the assigned inspector, (Andrew Yacko) however, his job was not showing on the schedule. At around 2pm, John Parker called Mark to tell him he didn't have anything to inspect because he had not sent the pictures. If this inspector felt "threatened", why did he take this inspection over from Mr. Yacko? It became obvious at that point that the owner was interfering with the permit and was calling the building department to complain about our company. The owners have threatened us that they have a lot of "pull" in Sebastian and the owners brother is the Fire Chief. We don't care who they know, they hired us to do a job and we have done it. Them creating drama and causing problems for us is over. These people are nasty, rude, obnoxious and cheap. We have not abandoned their job, or stopped answering their texts, emails and phone calls which we receive from them DAILY. On May 13th we sent pictures along with a letter explaining the situation with the owner blasting his newly installed windows with the hose constantly. We received an email stating the document uploaded had been accepted by the building dept. Unfortunately, the owner has told us we can't call in for inspection because they have issues they want addressed before they will allow access to the home for inspection. On May 28th, the owners sent us an email manifesto with demands and complaints which is typical for them. We responded the same day and explained that complaints about drywall, stucco, time delays due to multiple window orders, etc. were not related to getting the inspection done. They claim 1 window is leaking, we asked for pictures but they didn't have them of the actual leak, so they sent us pictures a couple of days later. We don't see anything that would cause the windows to leak. We explained to them numerous times that it could be a manufacturer issue which they would have to take up with them. Apparently, that's not what they want to hear. The owner texted mark this weekend to tell him they weren't ready for inspection because Mark had not been to their home to look at their window and listen to their complaining. He also told Mark the permit was going to expire so how was he going to deal with that. First of all, in over 25 years of experience in construction, we have NEVER had an owner behave in this manner. This owner called the building department to instruct them to send us a letter that their permit expired. The Florida Building Code requires work to commence within 180 days on a permit, (We started work within 2 weeks of the permit being issued on December 3, 2024). We had an inspection on April 28th, and received an inspection result of "failed" although in his notes he states "Garage OK". So is that an approval as required by code? In our opinion it is. In addition, on the permit application, it states "THIS PERMIT BECOMES NULL AND VOID IF CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS FROM ISSUANCE, OR IF CONSTRUCTION IS SUSPENDED, OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME." The work did commence two weeks after issue, and we had an inspection, corrected the deficiencies and then due to the inspector refusing to return until we sent pictures instead of inspecting the work and the owner refusing to allow access for inspection, our hands were tied. We have never had a situation in which a permit is considered expired during the inspection phase and it seems this was done based on interference from the owner. The job has never been abandoned and we have been there working from two weeks after the permit issue date until present. We are fully prepared to explain this to the Sebastian Construction Board if necessary. The issue date on the permit was 12/3/24. The letter we received today, 6/2/25 states the permit expired on 6/1/25 The work is completed and ready to be inspected but the owner has told us we can't request inspection because they will not allow access to the home until their demands are satisfied and due to their influence at the building department, there's nothing we can do. Upon receipt of this letter stating our permit was expired, we called and spoke with an employee Courtney. I asked to speak with Wayne Eseltine as that is the person who signed the letter. Apparently he is out of the office until Thursday. I then asked since he wasn't there who sent the letter. Courtney said it was her or Darren. Then after asking her to pull up the documents on this job she put me on hold for 5 minutes and then came back and said the department was "aware" of the permit and that she sent the letter and I would have to speak with Dan Hainey. We were given Dan's cell phone number and we called, left a message and then texted him requesting a call back. Upon Dan returning the call, he was defensive and over speaking me. I allowed him to continue speaking even though he was making false accusations and incorrect statements. He told me that the owner had been calling the building department constantly, making false claims and creating drama that was unnecessary. As a Certified Building Contractor, I take my license and career very seriously and I will not allow an unstable erratic homeowner to tarnish my career and company, and I don't care who their brother is or what "pull" they think they have. This crossed a major ethical line. After speaking with Dan at length regarding this project, he agreed to contact the owner to schedule the inspection and the inspection would be performed by him personally. He asked if we had additional pictures that we could send and I told him I would include whatever additional pictures we have with this response. I followed up by text with him, sending him a picture of the finished and installed windows and asked him to notify us of the day/time he would be doing the inspection so that Mark could attend. I asked Dan for clarification on the picture he wanted with regards to the mullion clips, and if he could provide the code so that I could understand what he wanted. Mark was in the field and I was trying to get all the information together to discuss when he got back to the office. Just before 5pm, I texted Dan to ask if he had spoken with the owner, and he told me he had not but that he would reach out to them tomorrow. I called him as Mark was walking in the door and Mark spoke with Dan. Mark explained to Dan that the windows are a retrofit and the mullion clips were installed per NOA specifications, but he didn't take pictures of the clips. He then asked if that was a a requirement and where that was stated. Dan said that 9 out of 10 installations come with pictures but that a framing inspection was not required on a retrofit and only required on a new build. Dan then told Mark that next time, even though a framing inspection is NOT REQUIRED, the inspector could come out the same day to inspect because you are a small department. Mark told him he appreciated the availability, and that next time, even though it is NOT REQUIRED he would be sure to take pictures of the clips. This evening we received a second email manifesto from the owner. Here is an excerpt of that email: We also consulted the building department to clarifv the requirements for final inspection. We were informed that clear Dhotos of the brackets attached to the mullbars are necessary. The Photos you uploaded do not show the required brackets. Every contractor we spoke with confirmed that not only are the brackets required, but verifiable photographic documentation is needed to obtain approval. If the brackets were indeed installed, you are welcome to return to the site, cut the drywall as necessary to expose them, and take the appropriate photographs to provide to the inspector. This is your responsibility, and we expect it to be handled promptly. We are requesting that you contact the owner to advise them that whoever they spoke to was incorrect about the pictures being REQUIRED. This is NOT REQUIRED on a retrofit. The clips were indeed installed, and installed per NOA spec. The owner is also demanding we cut the drywall to expose the clips. This is just one example of the lunacy we have dealt with over the past 6 months. In addition, the owner states: We need to determine whether the required brackets were installed in the three windows in question. Until that is confirmed with proper documentation (including the required photos), we cannot proceed with inspection or sign off. If the brackets were installed, you —or someone on your team —must come on site, expose the areas in question, and provide the necessary photo evidence. As we stated earlier in our letter, the owner is refusing to allow the inspection of the work. They do not determine whether or not the work is ready for inspection or what it required for inspection, that's between the contractor and the building official. Furthermore, the owner does not sign off on the permit inspection or approval. If someone from your department gave them that impression, we re uest that you clarify this for them when ou speak to them about the ictures. I am attaching the details from the NOAs for the mullions that were installed on the 3 windows in the Master Bedroom, the Guest Bedroom and the Dining Room. At this time, all the windows are installed, jambs are drywalled and the stucco bands are finished. The front entry door has the correct screws in place, the trim is off the windows and ready for inspection, and the skylight is installed per NOA specifications. The garage door was "OK" which is an approval but that is also ready for inspection if you would like to look at it again. The "Expired Permit Letter" includes a STOP WORK ORDER, which was improperly applied. This permit is active and needs to be reinstated immediately. Your department had no basis for expiring this permit to begin with. We have asked Dan to coordinate access for inspection due to the owner refusing to provide us with access to the home and we would appreciate this being scheduled as soon as possible. Mark will be present for the inspection. The situation with this owner has become extremely toxic and we are not going to be bullied or harassed by them going forward. We stand by the work performed by our company and we are highly offended by the comments and false accusations made by this owner. Pictures of their original window and the new window are provided to show the quality of our work. If this issue is not resolved promptly, we will escalate it to the Sebastian Construction Board. Regards, Mark & Kelli Walker MKW Builders LLC These a -mails are not productive and therefore I am not responding to any future correspondence. The contractor is responsible for the permit, this includes obtaining inspections accordingly before the permit expires. This is our only concern. -� Ok SCB,Qs� DIRECTOR/ WaD NG@ItFIREMARSHAL A% i V 2 772-388-8235 weseltine Cit, OfSebastian.or. _ -- - 02�� v 1225 Main Street, Sebastian, FL 32958 Q. Follow us on social media � From: Mark <mark(&mkwbuilders.corn > Sent: Thursday, June 05, 2025 7:33 PM To: Wayne Eseltine <weseltine(c CitvOfSebastian.ora> Subject: RE: Inspection Report Items I would think it was standard operating procedure for the inspector to make a list of the deficiencies he was citing in his report, and I agree it is common sense that it is the building official's responsibility to state the area of concern specifically. We provide a window layout with each window labeled so that it can easily be referenced with our application. Its common sense to assume the building inspector would use that plan when citing deficiencies in his report. With everything Mark and I have going on, he can't possibly remember which window needed to be addressed, which is why it should be noted and provided to him in the inspectors report. That allows him to bring the report to the job and direct his crew to each area of concern. With a general statement, its easy for him to miss something like that which would lead to another failed inspection, more time wasted and money spent. I don't believe asking for this information is over the top and many inspectors do exactly this. Based on your responses, it appears you do not state your requirements on your permit or have the information available on your website. Its never a problem until its a problem Wayne, and now it is a problem. If your department is requiring a contractor to do something, i.e. pictures or in person inspection that is specific to your jurisdiction, it is the responsibility of your jurisdiction to provide that information to the 4 contractor beforehand so that the contractor is aware of it. In this situation, had we been made aware of your inspection requirements, we would have approached this job in a completely different way, and would have caught the mullion clip mistake before proceeding with the finishing. Again, it is the responsibility of your department to provide the contractor with your inspection requirements prior to the contractor commencing the work. This project was completed in phases due to materials being delivered at different times. The skylight, garage door and front door were installed in VCL.C111 VC1, 111G >II Iy1C 1 1 U I Iy VV 11 IJvv-;) vv�.1 �. .I.JLld II .V — .i— ..,..... „ .....- ...... - - -. . -I the suppliers behalf, the arch windows were the incorrect size, then they came without lattice and finally when they arrived at the end of March those were installed. One window that was broken on install and was installed at the end of April. Thats when we called for the inspection. During these numerous delays, the owner would never have allowed the "framing" inspection to wait until everything was installed before being finished. We would have waited to begin the install until all materials were on site and ready to go. We couldn't leave a skylight open for a framing inspection for 5 months, and same goes for the windows. It seems like common sense that your department would be clear on the inspection requirements to avoid these types of situations from occurring in the first place. Its not that we were UNSURE of the inspection process, its that we were UNAWARE of your requirements because they are not stated or disclosed. To expect that a contractor just guess what you require is not appropriate or acceptable. Dan Hainey specifically told Mark that it was NOT REQUIRED, but 9 times out of 10, contractors send pictures. Perhaps the 9 are contractors that are familiar with your undisclosed requirements, but the other 10% are left to deal with a mess after a job is completed. Thats not acceptable either. The same way contractors make mistakes, your department makes mistakes too and in this case, your department made many. First, the inspector not specifying the location of the windows he saw deficiencies in, and second, not providing the contractor with your inspection requirements that are specific and different from other jurisdictions. Other mistakes include the inspector, John Parker, never cited code, cited a deficiency with window bucking that doesn't apply to our permit, and referenced that the owner said the windows were leaking which is also not part of a framing inspection. Staff in your department sent a letter about an expired permit with your signature and you weren't even there, and the permit was placed in an expired status improperly. Your department allowed the homeowners to use their "pull" to interfere with our permit and also cause a lot of unnecessary drama with their false accusations about us and our company. Our permit is an ACTIVE project, with 2 inspections thus far. Its not our fault the materials were delayed, and the final window was installed a little over a MONTH AGO. The expiration of a permit is for permits that are pulled but no work has commenced 5 From: Mark <markQa mkwbuilders.com> Date: June 6, 2025 at 12:37:30 AM EDT Steven and Diane Marini, To: Diana Marini <dmarini10@gmai1.com> Subject: Re: Marini Windows Our answer to your first 3 requests: 1. Your project was complete and was ready for inspection. department with our permit. Your project did not require `a framing inspection, which is completed when the openings are exposed. Your project is a window and door replacement permit. However, instead of allowing us to do our job, you department. To further explain, if a framing inspection was required, we would have had to leave your skylight exposed with a hole in your roof until all of the windows were installed and the windows could not be sealed up until the framing inspection was passed. With the incorrect window deliveries pushing your window install out for months, that was not a possibility, nor was it a requirement. Your project was completed in phases, with the garage door, front door and skylight completed in December, the single hung windows completed in January, the arched windows in March/April, and the final window installed at the end of April. Instead of allowing us to work with the building department to get this situation resolved, you inserted yourselves and made the situation extremely complicated. To address your concern about the mullion clips, yes, that was an oversight by the crew that we have no problem fixing. The clips are required per the NOA specifications and we did not know that the crew did not attach them. If we were required to have a framing inspection it would have been fixed before sealing up your windows. The City of Sebastian Building Department does not state the requirements for a window/door replacement permit framing inspection and there are no requirements for a framing inspection on this type of permit anywhere to be found. Their failure to provide these re u i e n o h o ll tr corisam j is arid r going to make sure this is corrected by them going forward and will hold them accountable. The Indian River County Building Department has a Final inspection only on a retrofit window and door permit. This is typical of most building departments, so due to the City of Sebastian Building Department not I disclosing their unique requirement of a framing inspection on a retrofit window and door permit, we had no way of knowing about it. Upon going over the NOAs with our crew, and explaining the importance of following the instructions therein, they mentioned that the existing wood framing around the 3 windows with the arches that the mullion clips have to attach to might not match the required southern yellow pine framing required per NOA specifications. Mark will have to remove the drywall to expose the framing to confirm this is the case. If that is the case, that means, in order for us to pass the framing inspection and install the clips per NOA specifications, the wood framing around these 3 windows must be removed and reframed using the specified Southern yellow Pine (SYP) 2x4s that are called for in the detail. side of each window, and below the window. The insufficient framing must be replaced with SYP #2 Structural 2x4s on each side of the windows and at the sills. Then the clips and window frames will be attached to the new wood framing and left exposed until the framing inspection is passed. Once that inspection is passed, the window can be resealed, jambs and wood framing will then be drywalled and finished. This is the best case scenario. Worst case scenario is we would have to completely remove the window, including the stucco bands, reframe the entire window, attach the clips and window frame to the new SYP #2 Structural framing members, leave exposed redoing the stucco bands. Best case scenario it will cost you $5,500, worst case scenario it will be $7,500. during construction, and although it will cost more, you can rest assured that your windows will be 100% installed per Florida Building Code and NOA requirements. Unfortunately, there is no other way to proceed with the framing inspection and to close out the permit at this point. If you would like to proceed with the additional work that needs to be completed, we will provide you with a change 3 order to sign and we will require payment before starting the work. This cost is in addition to the remaining balance owed to US. Once payment is received for the work included in the change order, we will schedule the start date. We estimate it will take approximately 2 working days to complete the framing, the framing inspection will be done on the 3rd day and then it will take 2 days for drywall hang and finish. That's the timeline. 2. The leaking window - You can not use the hose on your windows for more than a quick light spray. If you look at your bottom of the window frames. Those are called weep holes. The weep holes are designed to allow any water that intrudes the window frame to leak out so the water does not build up inside the frame and then leak inside your window jamb. When you use the hose directly on the windows for longer periods of time, the water builds up inside the frame and cannot drain through the weep hole fast enough to prevent leaking on the inside. Mark thought he explained this to you before, however, we are stating it again to make sure you understand that. Mark would also like you to know that the windows that are not arches at the bottom of the sill have a flap on the weep holes that allows water inside the frame to drain, but prevents bugs/water from getting in. It is recommended that once a year, you open the lower windows and use AIR (not water) to blow out the bottom sill to ensure the weep holes are working correctly and to prevent build up from blocking the weep holes from draining. Mark noticed and pointed out to Steve today, that you did not seal the outside of the stucco bands to the exterior wall on ANY of the windows. Those stucco bands around ALL windows need to be sealed with polyurethane ALL THE WAY AROUND THE BANDS ESPECIALLY AT THE TOP OF THE BAND. The top of the band is a common place where water can sit and seep through where the band meets the wall. Mark observed a hairline crack on the band at 10:00 on the radius of the window you have a leak issue with, and pointed it out to Steve. He recommends filling the hairline crack with polyurethane sealant and after it 4 cures, reapply hot stucco primer before final epoxy paint. If you do this, the crack will be invisible. As long as all you follow these recommended steps around all of your stucco bands, you should have no issues. The bedroom with the arch window has unprimed areas on the high point of the stucco band where the band meets the soffit. Excess stucco at top of radius band needs to be dug out and filled with polyurethane sealant. I also recommend a second coat of the white hot primer on all bands protruding at least 6 inches of face wall. Applying a high grade exterior epoxy stucco trim paint will provide you with an additional level of protection against cracks and water intrusion. You decided to be the painter, and the priming and polyurethane sealant around the outside of the stucco bands is part of the painting work and is critical to the waterproofing and sealing process of exterior stucco. It is my responsibility to apply the polyurethane sealant to where the window frame meets the stucco bands. I have done that to the point where I cannot apply any more sealant to the window. Water is not penetrating through the sealant that I have applied. Its impossible. Once you have finished the sealing, priming and painting on your stucco bands, if you are still having a problem with the window leaking, then it is his professional opinion it would be a manufacturer issue, that could be a problem with the glass to frame attachment. In this case, the manufacturer's authorized warranty representative is the only authorized party allowed to correct a manufacturing defect. 3. The expired permit issue was an error on the building department. You misunderstood what qualifies a permit to be considered expired. A permit expires after 180 days if work has not commenced within the 180 days or if the contractor has abandoned the project. neither of those scenarios apply to our permit. Our permit has been returned to the proper active status. We have a meeting with the City Manager and Wayne Eseltine next week and this error by the building department will be discussed at the meeting. So in response to your request for our plan regarding the expired permit, it has already been fixed. 5 Once we have completed the work required and passed inspection, you will be provided with a final invoice. Upon receiving payment in full, we will provide you with a receipt along with the other documents you need for the MSFH grant and your records. As for the false statements you have made regarding a lack of communication from us, you know that is completely false. We have promptly returned your texts, emails and phone calls and have been in constant communication with you since the start of this project. We understand that living in your home during construction is frustrating and inconvenient. We hear it all the time. Unfortunately, there is nothing we can do to change that. Things happen, and you just have to roll with it. We don't hold it against you for letting your frustration get the best of you. We get it. We get frustrated too. We would like to bring down the high charged emotions, and please know that while we are not perfect and we do make mistakes, we are fully committed to seeing your project through to completion. Your new windows are beautiful and your home is not only better protected from hurricanes, it also looks prettier too. Thank you, Mark & Kelli Walker Cell: (772) 360-8980 <MKWB BLACK.vna> www.MKWBuilders.com ---- On Mon, 02 Jun 2025 16:17:03 -0400 Diana Marini <dmarinil0@gmail.com> wrote --- MKW Builders On May 28, 2025, we sent an email requesting a timeline for the completion of this project, which has now been ongoing for over six months. Despite additional follow-ups via text and phone, we 6 5F13A�T AN N REVIEWED D. Hamey 12/0312024 2:59:54 PM Marini Residence 113 Redgrave Dr. Sebastian, FL 32958 2a 2b EGRESS EGRESS 13 THIS MULLION INSTALLATION DETAIL AND PHOTOS WERE UPLOADED TO THE PERMIT FILE BY MKW BLDRS ON 6/4/2025 ANCHOR SCHEDULE FOR MULLIONS L INSTALLATION SCREW EM IEDME EDGE SUBSTRATE QTY PER ANCHOR TYPE N7 DISTANCE TYPE LOCATION (IN,{ fINJ I ANCHOR BRACKET WOOD 50.2722 (PART 6 #12 WOOD ANCHOR 1.S 0.7� W2 a; lt;2971 CONCRETE/ ANCHOR BRACKET i' D SIMPSON ` MASONRY 50-2722 (PART 4 STRONG -TIE THEN 1.0 1 2,00 #230297) ANCHOR B I } ALUM. ANCHOR BRACKET (4 MULLION/ALUM. 50-2722 (PART 6 #12 SELF -DRILLING SMS 3 THREADS 2.00 W 1 /STEEL #230297) NOTE NOT€ • 4EAD,SILL AND IAMB HAVE LLSSHOWMARETYPVAL FOR ALL SIMILAR DETAILS -- _. OR AOWLUON & CUPASSEM41ES. SEE WE- E15'S-10 F08 AL1GYlAILLE MUI.U0N =FIGURATIONS, SIZES" AND OEUGN HcilluaN �,Nrt t �ESSURES- VAX 1111• uw 4r �i c•`. u[N sc[ OF0t IJIII u T.wro ntt "Icra tmbn rKcnaaAr Ta Av000 J� �L IxNwuan4 I M r LDGI EaLANtt _ IN' Clip detail for Master'"' FIAIH l. - , 1116L pILrANCt 1yE1iMlL FY aTNt.. Bedroom and Guest %MUM IN, � W1C41T SO1iii Bedroom Windows Mal RI4HH I rw [w _�_...��.. Il••uul ANCHOR DETAIL FMaOMArLHWHItAWTssr7nlraii oTanH 1 r e W2 Clip detail for Dining Room Window B 4 \_4/W1 I M1N. (6),112 SELF EDGE DRILLING SMS SCREW DISTANCE A - HORIZONTAL F — 4 TRANSOM MULLION L 114" MAR ) , TYPICAL ELE� I ' _ IMIN. EMBED MAX. 11/3- I r 1 r { VERTICAL MIN 112" I 1 i f' MULLION MIN 1.3/8' _ r -- MAX.. 2.1/4' MULUON AHOHOR�'' L ANCHOR, NO-31V SELF EDGE DISTANCE BRACKET 50-2722 ii ONLLING SCREW FROM (PARTY2302971 11 __ _ EACHSVEOFTHE VERTICAL MULLION ANCHOR _ MUUIONINTOTHE VERTICAL i i I I BRACKET 50.2722 BRACKET, STAGGERED AS MULLIOr (PART V2301971 NECESSARY TO AVOID li I� MIN 1-3/8` INTERFERENCE MAR. L 11E' MAIL 2-114.' •� MIN. 112" EDGE DISTANCE 1 ANCHOR. R8.31A' SELF h, 1 114" MAX EXTERIOR INTERIOR ORIUING SCREW FROM EACH SIDE OF THE - MOLLIONINTOTHE BRACKET, STAGGERED AS ) !�'�1• C VERTICAL SECTION NECES INTERFERENCE AVOID M04 EMB. 4 INTERFERENCE ALIDMINUM IN ' ♦ -' - I 31SUMVIEW-VERTICAERTICAL j/ SUBSTRATE BY OTHERS _ M;N D(TEN0R LOGE DISIMKIL INTERIOR A ANCHOR DETAIL 4 MUWONANWORBRAOdTSd2722(MRTA2302471 New window 'IVA Posm. memo Original window I AMERICAN CRAFTSMAN WINDOWS ZREhVIE0VMD WS AND DOORS SILVER LINE WINDO � V 1 SERIES150 SERIES PICTURE & FIXED D. Hainey 12/03/2024 3:13:59 PM INSTALLATION NOTES _. _sP WINDOW (2130) (IMPACT) (HVHZ) FL # 17767 ONE Ill INSTALLATION ANCHOR IS REQUIRED AT EACH ANCHOR LOCATION SHOWN. 2. THE NUMBER OF INSTALLATION ANCHORS OEPICTEO IS THE MINIMUM NUMBER OF ANCHORS TO BE USED FOR PRODUCT INSTALLATION OF THE MAXIMUM SIZE LISTED. 3. INSTALL INDIVIDUAL INSTALLATION ANCHORS WITHIN A TOLERANCE OF il/2 INCH THE DEPICTED LOCATION & SPACING IN THE ANCHOR LAYOUT DETAILS (I.E., WITHOUT GENERAL NOTES: CONSIDERATION OF TOLERANCES). TOLERANCES ARE NOT CUMULATIVE FROM ONE TABLE OF CONTENTS INSTALLATION ANCHOR TO THE NEXT. 1. THE PRODUCT SHOWN HEREIN IS DESIGNED AND MANUFACTURED TO COMPLY WITH THE CURRENT EDITION SECTION REVISION $MEET DESCRIPTION 4. SHIM AS REQUIRED AT EACHIILSTALLATION ANCHOR WITH LOAD BEARING SHIM(5}. FLORIDA BUILDING CODE (FBC), INCLUDING HVHZ AND HAS MAXIMUM ALLOWABLE SHIM STACK TO BE 3/8 INCH. SHIM WHERE SPACE OF 1/16 BEEN EVALUATED ACCORDING TO THE FOLLOWING: I - INSTALLATION B GENERAL NOTES INCH OR GREATER OCCURS. SHIM(S) SHALL BE CONSTRUCTED OF HIGH DENSITY • TAS 20 PLASTIC OR BETTER. • TAS 202-94-94 2 - ELEVATION & ANCHOR LAYOUTS 5. FIN INSTALLATION: FOR INSTALLA,}}TI��ONf,IQ9NTO WOOD FRAMING USE Bar? TAS 203.94 101/1.5.2/A440-11 3 - VERTICAL SECTIONS NAILS OF OR 11 GAI,1fyF,if M 9CSA 4CN MUM EMBCDMENT INTO WOOD SUBSTN RATE. ACHIEVE ff �1))NC{{M A _ HORIZONTAL SECTIONS &GLAZING DETAILS • ASTM E1996-20 6. FIN INSTALLATION: FOR INSTALLATION INTO METAL STUD USE #8 SELF -TAPPING 5 - BILL OF MATERIALS & COMPONENTS SCREWS, OF SUFFICIENT LENGTH TO ACHIEVE A MINIMUM OF 3 THREADS 2. ADEQUACY OF THE EXISTING STRUCTURAL PEN RATION BEYOND METAL WALL CONCRETE/MASONRY, 2X FRAMING, AND METAL FRAMING AS A MAIN WIND FORCE RESISTING SYSTEM CAPABLE OF DESIGN PRESSURE TABLE 7. THROUGH FRAME INSTALLATION: FOR INSTALLATION THROUGH 1X BUCK TO WITHSTANDING AND TRANSFERRING APPLIED PRODUCT CONCRETE(MASONRY, OR DIRECTLY INTO CONCRETE/MASONRY, USE 3116 INCH LOADS TO THE FOUNDATION IS THE RESPONSIBILITY OF THE OVERALL SIZE DESIGN MISSILE IMPACT DIq�Q RJ'?TAPCOI�S OF SUFFICIENT LENGTH TO ACHIEVE 1-1/4 INCH MINIMUM - ENGINEER OR ARCHITECT OF RECORD FOR THE PROJECT OF PRESSURE RATING EMBE1jAlIjNT--�— - - -- ------ INSTALLATION. WIDTH HEIGHT 9 THROUGH FRAME INSTALLATION: FOR INSTALLATION INTO WOOD FRAMING USE #10 3. BE AND XBUCKSOPERL 53' 71' 955l-55 'SF LARGE & SMALL WOOD SCREWS OF SUFFICIENT LENGTH TO ACHIEVE 1-1/2 INCH MINIMUM $TOTHND ANCHOR1X ANCHORED TRANSFER ALLLOAL MISSILE IMPACT _ EMBEDMENT INTO WOOD SUBSTRATE. INSTALLATION IS TTHE STRUCTURE. BUCK DESIGN AND INSTALLATION IS THE STRUCr DESIGNA AND 9. THI,R�OI/rijp;Hp,F�JR�Mj�4Fp-LAN/ytteLlAlipN;..EDP.�N}Int�gilUN-1N1L1.uc1At�1vI>TE#10 RESPONSIBILITY OF THE ENGINEER OR ARCHITECT OF LENGTH TO ACHIEVE A MINIMUM OF 3 RECORD FOR THE PROTECT OF INSTALLATION. TI(NUIUS VEMETHNffbNBEYONDMET 4. THE INSTALLATION DETAILS DESCRIBED HEREIN ARE GENERIC 10. MINI MUM EMBEDMENT AND EDGE DISTANCE EXCLUDE WALL FINISHES, INCLUDING AND MAY NOT REFLECT ACTUAL CONDITIONS FOR A SPECIFIC BUT NOT LIMITED TO STUCCO, FOAM, BRICK VENEER, AND SIDING. SITE. IF SITE CONDITIONS CAUSE INSTALLATION TO DEVIATE FROM THE REQUIREMENTS DETAILED HEREIN, A LICENSED 11. INSTALLATION ANCHORS AND ASSOCIATED HARDWARE MUST BE MADE OF ENGINEER OR ARCHITECT SHALL PREPARE SITE SPECIFIC CORROSION RESISTANT MATERIAL OR HAVE A CORROSION RESISTANT COATING. DOCUMENTS FOR USE WITH THIS DOCUMENT IN NON-HVHZ AREAS. HVHZONE TIME PRODUCT APPROVAL TO 12. FOR HOLLOW BLOCK AND GROUT FILLED BLOCK, DO NOT INSTALL INSTALLATION NED FROOMMARE BE OBTAINED MIAMI-DADE RER OR AMJ. ANCHORS INTO MORTAR JOINTS. EDGE DISTANCE IS MEASURED FROM FREE EDGE OF BLOCK OR EDGE OF MORTAR JOINT INTO FACE SHELL OF BLOCK. S. APPROVED IMPACT PROTECTIVE SYSTEM IS NOT REQUIRED 13. INSTALLATION ANCHORS SHALL BE INSTALLED IN ACCORDANCE WITH ANCHOR ON THIS PRODUCT IN AREAS REQUIRING IMPACT MANUFACTURER'S INSTALLATION INSTRUCTIONS, AND ANCHORS SHALL NOT BE USED RESISTANCE. IN SUBSTRATES WITH STRENGTHS LESS THAN THE MINIMUM STRENGTH SPECIFIED BY THE ANCHOR MANUFACTURER. 6. WINDOW FRAME MATERIAL: PVC 14. INSTALLATION ANCHOR CAPACITIES FOR PRODUCTS HEREIN ARE BASED ON 7. IN ACCORDANCE WITH THE CURRENT EDITION FBC, WOOD SUBSTRATE MATERIALS WITH THE FOLLOWING PROPERTIES: COMPONENTS SHALL HAVE BEEN PRESERVATIVE TREATED A. WOOD -MINIMUM SPECIFIC GRAVITY OF 055. OR SHALL BE OF A DURABLE SPECIES AS DEFINED IN CHAPTER B. CONCRETE -MINIMUM COMPRESSIVE STRENGTH OF 3000 PSI. 23. C. GROUT -TILLED CMU- UNIT STRENGTH CONFORMS TO ASTM C-90 WITH MINIMUM COMPRESSIVE STRENGTH OF 2000 PSI AND GROUT CONFORMS TO ASTM C 476, B. GLASS MEETS THE REQUIREMENTS OF ASTM E 1300 MINIMUM GROUT COMPRESSIVE STRENGTH OF 2000 PSI. GLASS CHARTS. SEE SHEET 4 FOR GLAZING DETAILS. 0. HOLLOW BLOCK CMU - UNIT STRENGTH CONFORMSTO ASTM C-90 WITH MINIMUM COMPRESSIVE STRENGTH OF 2000 PSI. 9. DESIGNATIONS "X" AND "O" STAND FOR THE FOLLOWING: E.STEEL - MINIMUM YIELD STRENGTH OF 33 KSL MINIMUM WALL THICKNESS OF X: OPERABLE PANEL 35.9 MIL (0.0478" or IS GAUGE). MIN. 1/2" EDGE DISTANCE. O: FIXED PANEL F. ALUMINUM -MINIMUM ALLOY 6063-TS. MINIMUM WALL THICKNESS OF I/16". MIN.1/2' EDGE DISTANCE. IF AMERICAN CRAFTSMAN WINDOWS SILVER LINE WINDOWS AND DOORS ONE SILVERUNE DRIVE NORTH BRUNSWICK, NJ 08902 PH: (888) 741-0354 H O N C4 a E� m a�� Z J J �z a� dm O oop a LL wy p LL O M W? Z 0 N N n _O CA r 5 W o 0 w z u H F W �LL GW W n > 4~O r a0 0 2 S DO u W~ Y 00 J a-° + Z LL =x F 6z 0 CD p u N Llully signed by Hermes F. Norero, P. R san:1 Bm approving this document 0-1: 2023.12.211p,41+715D0' •/IrF1"•" HERYEsF.NOPERO FLORIDAP.E.W.137rs 391 E. DANIA BEACH BLVD., BTe. 318 DAM BEACH, FL 314ss FBPE CERT.OF ABSHORVATMA BD-BIS14 DA By LD�NG PROPS, IN[. E. DANIABEACHBLVD., P338 DANIA BEAM, FL 33004 PH-(•54)399-8479 FX:(954)74"7JB FL#: 17767 DWG #: SWD042 SHEET: 1 OF C MAX.FRAME _ WIDTH 53.00' D.L.D. MAX _ WIDTH 48.50' B C 3 3 II + F r 4 MAX. FRAME HEIGHT 73.00' D.L.O. MAX. HEIGHT 67.50' y - I I A D ELEVATION 8' MAX. 2' MAX. FROM 14' Mom' FROM - CORNERS� 0'C' CORNERS 1 I I 1 14' MAX. 10' MAX. O.C. O.C. 8' MAX. 1 I 1 I FROM CORNERS ANCHOR LAYOUT FINLESS r 2- MAX. FROM CORNERS Kol r(w) f--(w)-� f•-(w)--I f--(W) -� } j I I 1 ( i ( \ i (H) (IHI) (H) \ 1 L__ (W) �--- (W)—►� t- (W) f--(w)--I T�1 (HII) r---- `---� �----- I(H) Lam_ IUNITS OF THE SHOWN SHAPES ANCHORAGE ARE PER DETAILS SHOWN H IN, ALL SHAPED UPROVIDED NITS SGLAZING. HALL FIT WITHIN THE RECTANGULAR AREAS AS SHOWN. • MAXIMUM W = 53' • MAXIMUM H = 73' • MAXIMUM DP = r!- 55 PSF 10' MAX. O.C. (W) ---• i ANCHOR LAYOUT FIN NOTE: WINDOW WIDTH (W) AND HEIGHT (H) ARE INTERCHANGEABLE FOR ALL SIZES SHOWN HEREIN NOT TO EXCEED MAXIMUM TESTED SQUARE FOOT AREA. ANCHOR SPACING SHALL NOT EXCEED THOSE SHOWN FOR LONG OR SHORT LEG OF UNIT. AMERICAN CRAFTSMAN WINDOWS SILVER LINE WINDOWS AND DOORS ONE SILVERLINE DRIVE NORTH BRUNSWICK, NJ 09902 PH: (888) 741-0354 > F- 6 a at 1- F- C6 14 Q O _ E - m OC S 2 c� Q n S v N y a " e a� v� z o a oa _ H LL LL W N N a z z CD N Z GO Oeq u N ~ z z W W C u H F- W W m O W > a~D p 0 z ¢ m u o c to a IV = IN z 4� NENNe9 F. XORERO FtDBIDw v. E xo. »ns 398 E. DANIA BEADX NLVD., SrE 348 DANIA DEADII. n-1 FBPE Derr, W AVTHOHWTION NO. an• �y BUILDING D81+15, INC. 398 E. DANIA BEACH BLVD, 0338 u DANIA BEACH, FL MOW PH i3541399-9478 FX:(954)7444738 FL1t: 17767 OWG *: SW D042 SHEET: 2 OF 5 L #10 WOOD SCREW! INSTALLATION ANCHOR CONCRETE/ MASONR BY OTHERS CAULK BETWEEN 4• CONCRETE/MASONRY. �I BY OTHERS 2X WOOD BUCK/STU BY OTHERS EXTERIOR FINISH',',',',',',' BY OTHERS PERIMETER SEALANT BY OTHERS 2 \ / SEE GLAZING f ' DETAIL, SHEET 4 EXTERIOR 3/4' MIN, EDGE DISTANCE 6 n• „ EMBEDMENT 1 1/4' MAX. SHIM SPACE J INTERIOR � `I VERTICAL SECTION �/ HEAD - 2X WOOD BUCK FINLESS INSTALLATION EXTERIOR SEE GLAZING DETAIL, SHEET 4 INTERIOR AMERICAN CRAFTSMAN WINDOWS MIN.3 THREADS SILVER LINE WINDOWS AND DOORS METAL STUD BY OTHERS, PENETRATION BEYOND METAL ONE SILVERUNE DRIVE SEE SHEET I INSTALLATION NOTE 14 STRUCTURE NORTH BRUNSWICK, N108902 PH: (888) 741-0354 #8 SELF -TAPPING SCREW ' " INSTALLATION ANCHOR EXTERIOR FINISH & SHEATING BY OTHERS 3/8' MIN. EDGE !' DISTANCE = w .^•I ry ry ¢ N g p BACKER ROD & SEALANT BY OTHERS E x x 1/4' MAX. / \ SHIM SPACE r 1 aZ 2 1 ca a SEE GLAZING f LL 3 co LL DETAIL, SHEET 4 N N EXTERIOR INTERIOR w Z o z z w O O Fx W m () in LL VERTICAL SECTION W W ID h 00 3 HEAD -METAL STUD FIN INSTALLATION Z ¢ m u EXTERIOR INTERIOR H ko Q o- V LL Ill z ¢ Y F Z oVI NOTE: IX WOOD BUCK I BY OTHERS IS OPTIONAL FOR MASONRY APPLICATIONS, SEE DETAIL E/4. 1/4' MAX. SHIM SPACE PERIMETER SEALANT OTHERS-�' EXTERIOR FINISH IN. BY OTHERS 'a ' 41 EMBEDMENT CONCRETE/MASONRY SILL—/l r + BY OTHERS 3/16' ITW TAPCON- 1 y' MIN. INSTALLATION ANCHOR EDGE DISTANCE A VERTICAL SECTION 3 SILL - CONCRETE/MASONRY FINLESS INSTALLATION SEE GLAZING _ DETAIL, SHEET 4 1 BACKER ROD SEALANT BY OTHERS " " " ...... EXTERIOR FINISH BY OTHERS 2X WOOD BUCK/STUD BY OTHERS SHEATHING BY OTHERS A8 WOOD SCREW, OR II GAUGE ROOFING OR IOD COMMON NAIL D INSTALLATION ANCHOR �3 1 1/4' MAX. SHIM SPACE � f 3/4' MIN. / )`• EDGE DISTANCE f J y 1 1/2- MIN. EMBEDMENT VERTICAL SECTION SILL - 2X WOOD FRAME FIN INSTALLATION E NERNEBF.NONEN. FLORBM P. E x .M.5 341DANIA BEACH BLVD.,lT0.391 D.0FIlIxORPAT0N BFACX, FL3 FREE CERT.OF AON NO. M4]! BVIIDING 131014, INL 398 E. DANIA BEACH BLVD., #338 DANIA BEACH, FL 33004 PH:1954)399-8478 FA:(954)744-4738 FL#: 17767 DWG #: SWD042 SHEET: 3 OF 5 r IMERICAN N AMERICAN CRAFTSMAN WINDOWS sE A TAN CRAFTSMANWINDOWS LVER LINE WINDOWS AND DOORF: SILVER LINE WINDOWS AND DOORS RFUREVIEWEDCE ONE SILVER LINE DRIVE NORTH BRUNSWICK, N108902 D. Hainey PH: (888) 741-0354 70 SERIES / VI SERIES / (2 9 27) 12/D3FL # 14913:18:1 PM IFL1 SINGLE- HUNG WINDOWS _ O s 3 a W (HVHZ) (IMPACT) � z GM GENERAL NOTES: w = 1. THE PRODUCT SHOWN HEREIN IS DESIGNED AND MAX OVERALL SIZE I I TABLE OF CONTENTS MANUFACTURED TO COMPLY WITH THE CURRENT EDITION CONING. MISSILE In _a a FLORIDA BUILDING CODE (FBC), INCLUDING HVHZ AND HAS WIDTH HEIGHT PRESSUS RE IMPACT RATING I SHEET REVISION SHEET DESCRIPTION z W BEEN EVALUATED ACCORDING TO THE FOLLOWING: J o_ •TAS 202-94 � • TAS 202 94 52" 73" CIACIA+55 /-60 PSF LMI/SMI I 1 - GENERAL NOTES &GLAZING DETAIL 5 F a • TAS 203-94 I 2 - ELEVATION & ANCHOR LAYOUTS ~ • ASTM E3313-24 ` 3 VERTICAL SECTIONS REMARKS BY DATE • ASTM EI886-19 ` 7TH FBC EDITION NU D/L4Iz. • ASTM E1996-20 I`I 4 HORIZONTAL SECTIONS • AAMA/WDMA/CSA 101/I.S.2/A440.17 I HORIZONTAL & VERTICAL SECTIONS, INSTALLATION NOTES & 8th FBC EDITION LH 09/23 2. ADEQUACY OF THE EXISTING STRUCTURAL 5 REINFORCEMENT DETAILS CONCRETE/MASONRY, ZX FRAMING, AND METAL FRAMING AS A MAIN WIND FORCE RESISTING SYSTEM CAPABLE OF Mu %A Wtb REINA GMERIC wr qr viln_"[ DM0Ns RRSVLaFIC WITHSTANDING THE F AND TRANSFERRING APPLIED PRODUCT wTF u wN wRRRRRNs�ALni •6TALM I I TD D-1 IAOFM•YpMEIEI', RETRR.m HEREINADCENS LOADS TO THE FOUNDATION IS THE RESPONSIBILITY OF THE rwwuoAA•c.nF+wN� ,.—EarESEEn11C ENGINEER OR ARCHITECT OF RECORD FOR THE PROJECT OF mnww•n+n•NN+m,TNn ooc"mrNr. INSTALLATION. 43/64" O.A. I.G. LAMINATED GLASS IgXally signed by Hermes F_._Norero. P.E. 3, 1X AND 2X BUCKS )WHEN USED) SHALL BE DESIGNED AND CONSISTING OF: eason:22I am ��i - - ment ANCHORED TO PROPERLY TRANSFER ALL LOADS TO THE 1/8"ANNEALED GLASS �N� e'`�tS'' STRUCTURE. BUCK DESIGN AND INSTALLATION IS THE \\ to ,. • / RESPONSIBILITY OF THE ENGINEER OR ARCHITECT OF 7/32" STEEL SPACER�- RECORD FOR THE PROJECT OF INSTALLATION. 3/32" ANNEALED GLASS 0.090" SAFLE% PVB INTERLAYER BY NO B •' 4. THE INSTALLATION DETAILS DESCRIBED HEREIN ARE EASTMAN CHEMICAL COMPANY GENERIC AND MAY NOT REFLECT ACTUAL CONDITIONS FOR 3/32" ANNEALED GLASS 1 A SPECIFIC SITE. IF SITE CONDITIONS CAUSE INSTALLATION \ yY TO DEVIATE FROM THE REQUIREMENTS DETAILED HEREIN, AT OF -C�8 A LICENSED ENGINEER OR ARCHITECT SHALL PREPARE SITESPECIFIC NON'HVH AREAS DOCUMENTS INS VO ZAREAS, NETIME PRODUCT R USE WITH THIS DOCUMENT N EXTERIOR INTERIOR AAPROVAL TO BE OBTAINED FROM MIAMI-DADE RER OR I I 39e E: ou.A o[Ra GLW33e DANIA BEA . FL STEEL SPACER , FEW C RE CIF AU7HORIZATION N' aes7e S. APPROVED IMPACT PROTECTIVE SYSTEM IS NOT REQUIRED � THIS PRODUCT IN AREAS REQUIRING IMPACT / MIN. GLASS 1/8" OR 3/32" F` ill: F L 14911 RESISTANCE. BITE 7/16" SETTING BLOCK 6. WINDOW FRAME MATERIAL: PVC DOW 995 SEALANT DATE: 01.23.18 IN CURRENT EDITION TREMCO S700 SEALANT DWG. BY: CHK. BY: 7. COMPONENTS ASSHALL AVEBEENPRESERVATIVEC,WOOD GLAZING DETAIL I HR I HFN COMPONENTS SHALL HAVE BEEN PRESERVATIVE TREATED OR SHALL BE OF A DURABLE SPECIES AS DEFINED IN CHAPTER 23. GLAZING NOTFS: SCALE: NTS 1. GLASS TYPE & THICKNESS SHALL COMPLY WITH ASTME1300REQUIREMENTS ASWELL AS DwG.a: SWD050 8. GLASS MEETS THE REQU I REMENTS OF ASTM E 1300 APPLICABLE SAFETY GLAZING REQUIREMENTS PER THE FBC. TEMPER AND SAFETY GLAZING REQUIREMENTS SHALL BE REVIEWED ON A SITE SPECIFIC BASIS. GLASS CHARTS. SEE SHEET I FOR GLAZING DETAILS. 2. SETTING BLOCK WROMETER HARDNESS OF 70-90ISHORE A) AS REFERENCED IN FBC CHAPTER a, SHEEI: 3. SETTING BLOCKS TO BE LOCATED AT 114 SPAN LENGTH FOR GLASS WIDER THAN 36'AS PER FBC CHAPTER 24. 4. D.L.O. AND DESIGN PRESSURES MAY NOT EXCEED MAX VALUES IN GUMS CHARTS. OF5f r ` MIN. SUBSTRATE I EDGE DISTANCE BY OTHERS j Il MIN. EMBEDMENT PERIMETER SEALANT 1/4" MAX. BY OTHERS ; SHIM SPACE II EXTERIOR M INTERIOR VERTICAL SECTION 5 THROUGH FRAME (HEAD) SUBSTRATE \\\ �SH M SPACE BY OTHERS\ INTERIOR TERIOR MIN. EDGE DISTANCE EXTERIOR 1/4" MAX. SHIM SPACE P INTERIOR ��__ PERIMETER SEALANT_ BY OTHERS EXTERIOR y SUBSTRATE BY OTHERS SCREW IN THE INTERIOR CHANNEL MIN. EDGE DISTANCE SCREW IN THE EXTERIOR CHANNEL MIN. EMBEDMENT O5HORIZONTAL SECTION THROUGH FRAME (JAMB) O U W Q _Z N_ � C EXTERIOR 5 MIN. EMBEDMENT .r SUBSTRATE BY OTHERS 1/4" MAX. SHIM SPACE Prcj-� ERIOR HORIZONTAL SECTION NAIL FIN (HEAD) 0 AMERICAN CRAFT5MAN WINDOWS >ILVER LINE WINDOWS AND DOORS ONE SILVER LINE DRIVE NORTH BRUNSWICK, NJ 08902 PH: (888) 741-0354 N O 3 Z m e ;o GMa ao^tee wz�i Sri+ Om -a, `G �3P �l7 D~c z,zF, VY W Jx FaO W L7— zt;t 7m m H Z O? u m REINFORCEMENT DETAILS o F W o c x 0.83"�I I —�{ 0.87" 0.13" REMARKS BY DATE 0.77" I 7 7TH FBC EDITION NUS 0/14/2, INTERIOR 0'9 6 0 81 0.46" 8th FBC EDITION LH D9/23 0.45" O LOCK RAIL TOP O LOCK MEETING RAIL O BOTTOM LIFT RAIL & SASH HEIb AUAIMN O M1I D SORBkDN N GENEMC' ALUMINUM ALUMINUM ALUMINUM AND MAYNDFRETEECTACNAL W-TIDNGFORAI-1 SRE.IESIEF COXDIlpN5GD5EIN5TN1AilON TO DEVIATE EpDM TXF REDDIRFMENT7 DETALLED HFANN, AIECFNSED .r.IJEEEFRORMCMIrtCTSEWLCPEPMESDESPFCIFlC .b[uMEN15 fOA uREIvnXTIIS DODUAFM. p HORIZONTAL SECTION E VERTICAL SECTION 5 NAIL FIN (JAMB) 5 MEETING STILE INSTALLATION NOTES: / 1. ONE (1) INSTALLATION ANCHOR IS REQUIRED AT EACH ANCHOR LOCATION SHOWN. 2. THE NUMBER OF INSTALLATION ANCHORS DEPICTED IS THE MINIMUM NUMBER OF ANCHORS TO BE USED FOR PRODUCT INSTALLATION OF THE MAXIMUM SIZE LISTED. 3. INSTALL INDIVIDUAL INSTALLATION ANCHORS WITHIN A TOLERANCE OF t1/2 INCH THE DEPICTED LOCATION & SPACING IN THE ANCHOR LAYOUT DETAILS (I.E., WITHOUT CONSIDERATION OF TOLERANCES). TOLERANCES ARE NOT CUMULATIVE FROM ONE INSTALLATION ANCHOR TO THE NEXT. 4. SHIM AS REQUIRED AT EACH INSTALLATION ANCHOR WITH LOAD BEARING SHIM(S). MAXIMUM ALLOWABLE SHIM STACK TO BE 3/8 INCH. SHIM WHERE SPACE OF 1/16 INCH OR GREATER OCCURS. SHIMS) SHALL BE CONSTRUCTED OF HIGH DENSITY PLASTIC OR BETTER. S. FOR MASONRY OR CONCRETE OPENINGS, 1X WOOD BUCK MAY BE USED (OPTIONAL AS LONG AS THE MINIMUM EMBEDMENT AND EDGE DISTANCE REQUIREMENTS ARE STILL MET WITHIN THE CORRESPONDING HOST SUBSTRATE. SEE GENERAL NOTE #3 ON SHEET 1 FOR MORE INFORMATION. 6. MINIMUM EMBEDMENT AND EDGE DISTANCE EXCLUDE WALL FINISHES, INCLUDING BUT NOT LIMITED TO STUCCO, FOAM, BRICK VENEER, AND SIDING. 7. INSTALLATION ANCHORS AND ASSOCIATED HARDWARE MUST BE MADE OF CORROSION RESISTANT MATERIAL OR HAVE A CORROSION RESISTANT COATING. S. FOR HOLLOW BLOCK AND GROUT FILLED BLOCK, DO NOT INSTALL INSTALLATION ANCHORS INTO MORTAR JOINTS. EDGE DISTANCE IS MEASURED FROM FREE EDGE OF BLOCK OR EDGE OF MORTAR JOINT INTO FACE SHELL OF BLOCK. 9. INSTALLATION ANCHORS SHALL BE INSTALLED IN ACCORDANCE WITH ANCHOR MANUFACTURER'S INSTALLATION INSTRUCTIONS, AND ANCHORS SHALL NOT BE USED IN SUBSTRATES WITH STRENGTHS LESS THAN THE MINIMUM STRENGTH SPECIFIED BY THE ANCHOR MANUFACTURER. 10. FOR INSTALLATION ANCHORS ABOVE THE MEETING RAIL IN THE INTERIOR JAMB TRACK, USE FLAT HEAD ANCHORS. METHOD SUBSTRATE ANCHOR SCHEDULE ANCHOR SCHEDULE MIN EMBEDMENT MIN. EDGE DISTANCE WOOD: MIN. SG =0.55 Na WDOD SCREW I 7,S • _ ! _ PAN HEAD 0.75'F 7'• AT OF NAILING FIN j �(/ METAL: 18 GAUGE Sleet, MIN. Fy=33KSI #8 TEK SCREW 3 THREADS MIN PENETRMTEIOAN BEYOND 0.50' ��(d" IO p.'\\\\ •• TE PAN HEAD IN EXTEall RIOR CHANNEL 1.S' ��`� 0.75' ) 3" E &(I am , 33a WOOD: MIN. SG=0.55 #fO FLAT HEAD IN THE R9PE CD II aBAUIK�OR FL IW 90578 INTERIOR CHANNELFL I.S. 0.75' #: 3 THREADS MIN F L 14911 #10 PAR HEAD IN EXTERIOR HEAD I PENETRMETAL E%ND I &SW - METAL: 18 GAUGE Steel, THROUGHFRAME METAL DATE: 01.23.18 MIN, Fy=33K91 #10 FLAT HEAD INTHEI 3THREADS MIN PENETRATION BEYOND I B.SD pWG. BY: CHK. BY: INTERIOR CHANNEL METAL HR I HFN CONCRETE:P�OOPSI 3l1SITTAPI 115' SCALE: NTS FLATWHEADCON I 1.75' I DWG.#: SWD050 MASONRY' CMU P., ASIJ 3116'ITW TAPGON C90 MIN. 2000 PSI I FLAT HEAD I ,25. 1.75' $HL ET: OF 5 J c r I 'i 0 y, t t K r t tONO ' ti i� ! 4 r t 1 1 I* 0 a] .a . _.. __..._. a w.++ a a �, i v �•• -bat 1 r�r X* C�; FA- ow P-1 1) l• 1�^< _ tit-�."�Cl: Y`'►�'�'''..4 t: t:.. �'-+i' CONSTRUCTION BOARD ACTIONS, Sec, 26-175. - Penalties and appeals. (a) In addition to the penalties that may be imposed and other remedies that may be available to the city which are provided for elsewhere in this section, any person who violates any provisions of section 26-171 or commits any of the acts constituting cause for disciplinary action as set forth in section 26-172 shall be guilty of a violation of the provisions of this article, and upon a finding by the construction board thereof, shall be subject to the penalties of section 1-10. (b) In addition to the penalties and other remedies that may be imposed elsewhere in this section, the board may issue a cease and desist order to prohibit any person from engaging in the business of contracting who does not hold the required state certification or local certificate of competency for any work being performed by that person or his employees or agents under this article. (c) if a state certified contractor or a contractor possessing a certificate of competency issued by the board pursuant to this article is found by the board, after a quasi-judicial hearing, to be guilty of fraud or a willful building code violation in the city, or if the board possesses proof that such contractor, through a due process hearing, has been found guilty in another city or county within the 12-month period of fraud or a willful building code violation, and the board finds, after providing notice to the contractor, that such fraud or violation would have been fraud or a violation of a building code of the city if committed in the city, then the board may, in addition to the penalties that may be imposed, and other remedies that may be available to the city which are provided for elsewhere in this section, deny the issuance of a building permit to such contractor or issue a building permit with specific conditions which the board determines to be necessary to protect the public health, safety and general welfare. The board shall provide notification of, and information concerning, any denial of a building permit pursuant to this provision to the department within 15 days after the board decides to deny such building permit. (d) In addition to the penalties that may be imposed and other remedies that may be available to the city which are provided for elsewhere in this section, the board may impose an administrative fine in an amount not to exceed $1,000.00 per violations. Additional fines may include fees for investigative and legal costs incurred in the context of certain disciplinary cases heard by the board, which shall be recoverable by the board only in an action at law not to exceed $250.00. (e) In addition to the penalties that may be imposed and other remedies that may be available to the city which are provided for elsewhere in this section, the board is authorized to take the following disciplinary actions against the holder of a certificate of competency issued by the board pursuant to this article, where such holder has failed to timely comply with a construction board's order, been found to violate section 26-171 or has engaged in any of the acts or omissions which constitute cause for disciplinary action pursuant to section 172. (1) Suspend the certificate of competency issued by the board pursuant to this article during the period fixed by the board, but the board may permit the certificate holder to complete any contracts then uncompleted; (2) Revoke the certificate of competency previously issued by the board pursuant to this article; or (3) Place the certificate holder on probation for a period fixed by the board, but not in excess of three years. (f) In addition to the penalties that may be imposed and other remedies that may be available to the city which are provided for elsewhere in this section, the board shall be empowered to refuse to issue building permits or to issue building permits containing specific conditions to protect the public health, safety and general welfare to a contractor who is state certified or who holds a certificate of competency issued by the board pursuant to this article who has committed multiple violations of this article when such contractor has been disciplined for each of such violations by the board and when each disciplinary action has involved revocation or suspension of the state certification by the department or has involved revocation or suspension of the certificate of competency issued by the board pursuant to this article, the imposition of an administrative fine of at least $1,000.00 or probation. Furthermore, the board shall be empowered to issue permits with specific conditions designed to protect the public health, safety and general welfare to a state certified contractor or a contractor who holds a certificate of competency issued by the board pursuant to this article who, within the previous 12 months, has had final action taken against him by the department, or by the board when the board has reported such disciplinary action against the contractor to the department where the contractor has engaged in the business or acted in the capacity of a contractor without a license. (g) In addition to the penalties that may be imposed and other remedies that may be available to the city which are provided for elsewhere in this section, the board shall be empowered to restrain any violation of this article by filing the appropriate action in a court of competent jurisdiction for injunctive relief. (h) Appeal shall be by certiorari. POWERS AND DUTIES OF THE CONSTRUCTIONBOARD • Sec. 26-197. - Powers and duties. The construction board shall have the following powers and duties: (1) Advice to the city council. On its own initiative or whenever requested to do so by the city council, to give advice to the city council and to other public officials or employees with reference to any matter affecting contractors or the construction industry within the corporate limits of the city. (2) Reviewing city building and housing codes. To advise the city council concerning the city building and housing codes, their adoption, their amendment, and the revision of the minimum state building codes or any standard published code or technical regulation which constitutes all or part of such codes or of this chapter. (3) Examination of contractor's license holders and applicants therefore. To examine or cause to be examined holders of contractor's licenses within the city or applicants for such license, in accordance with the requirements of this chapter. (4) Review of violations of this article. On the motion of the board, on a notice of hearing issued by an investigator, building official or on the verified written complaint of any person, the board may review the actions of any person, including a contractor that has been issued a certificate of competency by the board pursuant to this article or a state certified contractor, who has violated any provision of this article. The board may hold quasi-judicial hearings and thereafter take appropriate disciplinary action as authorized pursuant to this article if the person, including a state certified contractor or a contractor holding a certificate of competency from the board pursuant to this article and including an entity qualified by a contractor who is state certified or holds a certificate of competency from the board pursuant to this article, is found to be in violation of one or more of the acts or omissions constituting a prohibited activity pursuant to section 26-171 or constituting cause for disciplinary action pursuant to section 26-172 to the extent not reserved to the department to the exclusion of the board. (5) Coordinate investigations with other governmental agencies. To cooperate with other governmental agencies, local, state and federal, with reference to any matter affecting contractors or the construction industry within the corporate limits of the city. (6) Subpoena powers. The board shall have the authority to subpoena alleged violators and witnesses to its hearings. The city, the board or the alleged violator may request that witnesses and records be subpoenaed to any emergency or formal hearing. Subpoenas shall be served in the same manner as civil subpoenas are served under Florida Statutes and the Florida Civil Rules of Procedure. The chairman of the board shall provide the clerk with sufficient signed and blank witness subpoenas to be provided to alleged violators and the city attorney for the purpose of subpoenaing witnesses and records. (7) Other. The board shall perform such other duties as may be determined by the city council. (Ord. No. 0-12-08, § 1, 8-22-12; Ord. No. 0-22-12, § 2, 7-13-22) • Sec. 26-198. - Administration. In order to carry out the intent of this article, the city council hereby appoints the following officials to assist the construction board in performing its duties: (1) Building official. The building official, or his authorized representative, shall have the primary duty of enforcing the various codes and initiating disciplinary proceedings before the board, and shall make such recommendations or reports to the board as needed on each matter considered by it. (2) Clerk. The building official shall appoint a city employee to be the board clerk. The clerk shall record all meetings of the board and shall prepare minutes of each meeting, which shall state all motions, the vote of each member upon each question or motion, and a statement as to any member who is absent or failing to vote. The minutes of the board may be in a summary or outline form, but shall accurately reflect the deliberations of the board. The clerk shall perform such other functions assigned to the clerk by the board. (3) Legal course% The city attorney shall advise and be counsel to the board. The legal counsel shall be compensated as provided by the city council. (Ord. No. 0-12-08, § 1, 8-22-12) 6/18/25, 2:42 PM Sebastian, FL Code of Ordinances Sec. 26-40. - Construction board to serve as board of appeals. (a) The construction board established pursuant to section 26-191 of the City Code of Ordinances shall serve as the board of appeals to hear and decide appeals of orders, decisions or determinations by the building official relative to the application and interpretation of this code and the standard codes adopted by the city. (b) Decisions of the construction board, pursuant to this section, may be appealed to the city council by filing a written appeal with the city clerk within ten days of the decision of the construction board. It shall require three affirmative votes of the city council to override the construction board. (c) All references in the standard codes to the construction board of adjustments and appeals shall be deemed to refer to the construction board. Except as provided herein, the construction board shall have all the powers and duties of the construction board of adjustments and appeals. An application of an appeal shall be based on a claim that the true intent of the standard codes or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the standard codes do not fully apply, or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of the standard codes as amended herein. The board shall modify or reverse the decision of the building official only by a concurring vote of a majority of the total number of appointed board members. (d) Where an aggrieved party decides to appeal a decision, including a final order, of the building official, community development director or administrative official, the application of appeal shall be filed with the city clerk within ten days following the staff decision. (Ord. No. 0-12-08, § 1, 8-22-12) about:blank 1/1 Cry of SEBT[AN HOME OF PELICAN ISLAND CONSTRUCTION BOARD IN AND FOR THE CITY OF SEBASTIAN, FLORIDA Case No. Hearing Date: Petitioner, Parcel ID#: V. Property Address MR. MARK WALKER Legal Description: DBA MKW BUILDERS, LLC 4113 ABINGTON WOODS CIR. State License No. VERO BEACH, FL. 32967 Respondent(s). A. NOTICE OF VIOLATION: CITY OF SEBASTIAN CONSTRUCTION BOARD NOTICE OF VIOLATIONIHEARING 25-1 AUGUST 26, 2025 31391900001458000023.0 113 REDGRAVE DR. SEBASTIAN, FL 32958 SEBASTIAN HIGHLANDS UNIT 17 BLK 458 LOT 23 PBI 8-46 TO 46P CBC 1267842 NOTICE OF VIOLATION AND HEARING The City of Sebastian Construction Board (hereinafter BOARD) hereby notifies you of an alleged violation of the following sections of the Sebastian City Code of Ordinances: 1. 26-172 (3), Committing incompetency or misconduct in the practice of contracting; 26-172 (6), Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer; and 3. 26-172 (8) Knowingly or deliberately disregarding or violating any applicable building codes or laws of the state, county or the city. The address(es) of the real properties upon which these violations occurred are: 113 REDGRAVE DR., SEBASTIAN, FLORIDA, INDIAN RIVER COUNTY. B. NOTICE OF HEARING: Please be advised that the City of Sebastian Construction Board is set to convene and hear this matter at a Quasi - Judicial Hearing on: TUESDAY, AUGUST 26, 2025 AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA. YOU ARE REQUESTED to appear before the BOARD at that time to answer and defend the allegations that you have violated the above cited provisions of the Code of Ordinances of the City of Sebastian. If you fail to attend, the BOARD may base its findings and act solely on the presentation made at the BOARD Hearing. CITY OF SEBASTIAN CONSTRUCTION BOARD NOTICE OF VIOLATIONMEARING Page 2 of 2 YOU MAY APPEAR WITH OR WITHOUT AN ATTORNEY. YOU HAVE A RIGHT TO PRESENT WITNESSES AND DOCUMENTS AND CROSS-EXAMINE THE OTHER PARTY'S WITNESSES. If the BOARD finds that you have committed a violation, it may order immediate compliance with the Code and provide in the order, an administrative fine NOT TO EXCEED $1,000.00 per violation, AND/OR suspend certificate holder, revoke a certificate, place certificate holder on probation as well as file a complaint with Department of Business and Professional Regulation (DBPR). If any decision of the BOARD affects you and you decide to appeal any decision made at this meeting with respect to any matter considered, you will need a record of the proceedings and for such purposes, you may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. THE ABOVE NOTICE IS REQUIRED BY STATE LAW. ANYONE DESIRING A VERBATIM TRANSCRIPT SHALL HAVE THE RESPONSIBILITY AT HIS OWN COST TO ARRANGE TO PROVIDE THE TRANSCRIPT. Please be advised that the procedures of the BOARD are governed by the Code of Ordinances of the City of Sebastian. Copies of these Ordinances may be obtained at the office of the City Clerk, City of Sebastian. CROF 00Ef�MM NN HOME OF PELICAN ISLAND BUILDING DEPARTMENT 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5537 • FAX (772) 589-2566 CONSTRUCTION BOARD NOTICE OF HEARING AFFIDAVIT OF SERVICE I personally hand delivered Notice of Hearing (Code Enforcement Officer) before the Construction Board to the following address: 4 113 A& A96ZOtj w oaS C'IVL VC`f2-0 k�L\, , on the following date: 4 D f2O75 s� Respondent or Respondent's representative received notice MWLK (Name of recipient) No one was available to receive notice. Notice left at: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of this Notice of Hearing before the Construction Board was delivered to the above named violator at the address stated above this `; ON44.1 day of ' U i.�, , 2025. By c�- Code Enforcement 01 er , 0 ti US CERTIFIEDMAIL No a US POSTAGE-PITNEY BOWES �; AD ad m ZIP 32958 $ 008.86° 8 �a 9489 0090 0027 6180 7898 78 U.02 7H 0001348317 JUL 30 2025 Mr. Mark Walker dba MKW Builders, LLC 4113 Abington Woods Cir Vero Beach, FL 32967 8/15/25, 5:18 PM usps tracking - Google Search usps tracking X p Sign in L Al Mode All Images Short videos Shopping orurns /ideos 10 n lools Track your package Data provided by USPS Tracking number 94890090002761807/89878 0 Tracking number created In transit August 05, ! 2:1-'OAM Out for delivery Delivered View details on USPS Call 1-800-275-8777 Track another package --ft USPS t4 hItps://tooIs,usps.com USPS Tracking USPS.com@ - USPS Tracking > Your tracking number can be found in the following places ... https://www.google.com/search?q=usps+tracking&rlz=lClGCEA—en&oq=USPS&gs_lcrp=EgZjaHJvbWUqDQgCEAAYgwEYsQMYgAQyEwgAEAAYg... 1/3