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september 2009 issue

 

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Professional Practice
APEGGA Discipline Committee Decision


In the matter of the Engineering, Geological and Geophysical Professions Act  and
In the matter of the conduct of Brian Bute, P.Eng., and BCB Engineering Ltd.

Background
APEGGA’s Investigative Committee concluded an investigation into the conduct of Brian Bute, P.Eng. (the “Member”) and BCB Engineering Ltd. (a permit holder) with respect to the design and construction of a masonry brick firewall in a commercial building in Lethbridge, Alberta.  The Member has freely and voluntarily admitted to unskilled practice and unprofessional conduct and has agreed with certain facts and findings. Under those circumstances, the Engineering, Geological and Geophysical Professions Act permits the Investigative Committee to recommend an order that the committee considers appropriate instead of referring the matter for a formal hearing. 

A recommended order must be provided to a member of the Discipline Committee who has been designated to act as a case manager to review the order.  If the case manager or the investigated person rejects the order, the matter must be referred to the Discipline Committee for a formal hearing.

Agreed Statement of Facts
The Investigative Committee has provided a statement of facts to which the committee and the Member have agreed.  The agreed statement is reproduced, verbatim, in its entirety:

  1. “Mr. Bute was the Coordinating Registered Professional of a project located at 225 – 28 Street North in Lethbridge, Alberta (the Project).”

  2. “Mr. Bute was also the Registered Professional of Record for the design of a masonry brick firewall that was incorporated into the Project.”

Conduct (Findings)

  1. The Member has freely and voluntarily admitted that his conduct constitutes unskilled practice in the following respects:

    1. The original design of the masonry brick firewall failed to meet the requirements of the Alberta Building Code and was not consistent with good engineering practice in that the firewall was not attached nor anchored to the surrounding structure.

    2. Mr. Bute failed to coordinate design and review processes within BCB Engineering Ltd., and failed to provide adequate field inspections which resulted in the construction of an unsafe firewall and contributed to the issuance of an Occupancy Permit when the building was unsafe for occupation.

    3. Mr. Bute failed to maintain adequate job tracking documentation with regards to the design and inspection of the masonry brick firewall.

  2. The Member has freely and voluntarily admitted that his conduct constitutes unprofessional conduct in the following respects:

    1. When informed of the apparent problems with the masonry brick firewall, Mr. Bute’s response to the professional who identified the problem took an excessive amount of time and potentially jeopardized public safety, thus violating Rule of Conduct 1 of the APEGGA Code of Ethics.

    2. Mr. Bute, in failing to engage, or to recommend the engagement of, a geotechnical engineer to review the load bearing capacity of the soil under the masonry brick firewall, failed in his obligations as the Coordinating Registered Professional for the Project, thus violating Rule of Conduct 4 of the APEGGA Code of Ethics.

    3. Mr. Bute, in signing off the Alberta Building Code Schedule C for a structure in which a wall component for which he was responsible failed to meet the Code, failed in his responsibilities as a Registered Professional of Record for the Project, thus violating Rule of Conduct 4 of the APEGGA Code of Ethics.

Rule 1 of the Code of Ethics states:  “Professional engineers, geologists and geophysicists shall, in their areas of practice, hold paramount the health, safety and welfare of the public, and have regard for the environment.”

Rule 4 of the Code of Ethics states:  “Professional engineers, geologists and geophysicists shall comply with applicable statutes, regulations and bylaws in their professional practices.”

Orders
The Investigative Committee has recommended orders that it considers appropriate.  As the case manager designated by the Discipline Committee to review the matter, I agree with the recommended orders.

During my discussion of the orders with the Member, acting on behalf of himself and BCB Engineering Ltd., he confirmed that he agrees with the recommended orders.

Therefore, in accordance with Section 52 of the Engineering, Geological and Geophysical Professions Act, this Order has the same force and effect as if it had been made by the Discipline Committee following a formal hearing.

  1. Mr. Bute is to write and pass the National Professional Practice Exam within 1 year of the date of this Order. 

  2. Should Mr. Bute fail to write and pass the National Professional Practice Exam within the specified period, his registration is to be suspended until such time as he does write and pass the exam.

  3. Mr. Bute is to pay a fine of one thousand dollars ($1000.00) to APEGGA within sixty (60) days of the date of this Order.

  4. Should Mr. Bute fail to pay the fine in the period specified, his registration is to be suspended until such time as he does pay the fine.

  5. This Order is to be published, with names, in The PEGG.

Dated this 6th day of July, 2009.