MARCH 2005 ISSUE
discipline
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APEGGA DISCIPLINE COMMITTEE DECISION
Date of Decision: January 12, 2005
IN THE MATTER OF the Engineering, Geological and Geophysical Professions Act
- and -
IN THE MATTER OF the conduct of William Lee, P.Eng. and F&Y Engineering Concepts Ltd. regarding completion and issuance of Schedule C-2-Assurance of Professional Review and Compliance for the Lacombe Movie Theatre.
CASE MANAGER
Russel Renneberg, P.Eng.
MEMBER
William Lee, P.Eng. and F&Y Engineering Concepts Ltd.
BACKGROUND
During the course of an investigation conducted by APEGGA's Investigative Committee
into the conduct of William Lee, P.Eng. and F&Y Engineering Concepts Ltd.,
concerning services provided for the Lacombe Movie Theatre, Mr. William Lee had
freely and voluntarily admitted and agreed with the attached facts and findings
presented by the Investigative Committee.
Since Mr. Lee and F&Y Engineering Concepts Ltd. have admitted to conduct that constitutes unprofessional conduct, there is no need to refer the matter to the Discipline Committee for a formal hearing. In accordance with Section 52 of the Engineering, Geological and Geophysical Professions Act, APEGGA's Investigative Committee is recommending the attached orders that it considers appropriate.
As the case manager designated by the Discipline Committee to review the matter, I agree with those orders. During my discussion of the orders with Mr. Lee and F&Y Engineering Concepts Ltd., they confirmed that they, also, agreed with the orders.
Therefore, in accordance with Section 52 of the Engineering, Geological and
Geophysical Professions Act, the orders have the same force and effect as if
they had been made by the Discipline Committee following a formal hearing.
Dated this 12th day of January, 2005 at Edmonton, Alberta.
_______________________________
Russel Renneberg, P.Eng.
Case Manager, Discipline Committee
STIPULATED ORDER
TAKE NOTICE that the Investigative Committee of The Association of Professional
Engineers, Geologists and Geophysicists of Alberta has concluded an investigation
into your conduct with respect to completion and issuance of Schedule C-2 - Assurance
of Professional Review and Compliance for the Lacombe Movie Theatre.
AS A RESULT of its investigation and based on the evidence and information that
has come to the attention of the Investigative Committee, the Investigative Committee
proposes the following findings:
I AGREED STATEMENT OF FACTS
1. At all material times, Bill Lee, P.Eng., was registered as a professional engineer and F&Y Engineering concepts Ltd. (F&Y) was registered as a permit holder, in good standing with APEGGA.
2. In 2003, F&Y was retained by a sub-contractor of Hagen Homes to undertake the electrical design for the Lacombe Movie Theatre project in Lacombe.
3. F&Y undertook the assignment which included responsibility for inspection and issuance of a Schedule C-2, Assurance of Professional Review and Compliance, as well as a Fire Alarm System Verification certificate.
4. A completed Schedule C-2 for the electrical aspects of the construction
of the Lacombe Movie Theatre project was received by Mr. G. Crawford on behalf
of the ultimate client, Hagen Homes, on November 28, 2003.
5. The aforementioned completed Schedule C-2 was signed, stamped and dated November
18, 2003 by Mr. Bill Lee, P.Eng.
6. On or about November 27, 2003, the aforementioned Schedule C-2 was received by Hagen Homes.
7. On November 28, 2003, Mr. G. Crawford, Safety Codes Officer of Inspections Group Inc., inspected the electrical work which was the subject of Schedule C-2 and found the work to be incomplete, contrary to the signed Schedule C-2.
8. Notwithstanding the foregoing, a conditional
occupancy permit for the Lacombe Movie Theatre was issued November 28, 2003 by
Mr. Crawford of Inspections Group Inc.
9. An electrical inspection by a Mr. Y. Yang, employee of F&Y, was undertaken
on December 4, 2003.
10. The completed Schedule C-2 was re-issued by F&Y on December 18, 2003.
11. An undated letter of complaint was received by APEGGA on January 9, 2004.
II FINDINGS
1. The conduct of Bill Lee, P.Eng., in the foregoing respects constitutes unprofessional conduct as contemplated in the Engineering, Geological and Geophysical Professions Act in that Bill Lee, P.Eng., signed Schedule C-2 prior to receiving a satisfactory final inspection report from a delegated inspector.
2. The conduct of Bill Lee, P.Eng., and F&Y in the foregoing respects constitutes unprofessional conduct as contemplated in the Engineering, Geological and Geophysical Professions Act in that they permitted the Schedule C-2 to be issued to the property owner at a time when the work in question was not complete and they had not received a final inspection report.
III ORDERS
1. That Bill Lee, P.Eng., be reprimanded for his conduct in this matter.
2. That F&Y be reprimanded for its conduct in this matter.
3. That Bill Lee, P.Eng., successfully complete the APEGGA Professional Practice Examination within six (6) months of the issuance of this Order.
4. That in the event Order 3. is not completed, the registration of Bill Lee, P.Eng., be suspended until such time as the Professional Practice Examination is successfully completed.