THE DISCIPLINE FILE
Case No. 18-009-RDO continued
3.2.7.1. Minimum Lighting Requirements 1) An exit, a public corridor, or a corridor
3. The project commenced in 2012 with the Company providing their scope of work which included: a. Electrical design for the 12,000-sq.-ft. office/retail building b. Lighting layout and control design c. Lighting design review 4. The Member declared a conflict of interest with the project and was not directly involved as his father was the owner of the electrical company that was awarded the electrical services contract through a tender process. 5. The project manager of the project (who is a senior partner at the Company) was the lead designer and primary contact person for the project. The Member was, at all relevant times, the Responsible Member for the Company. D. PANEL FINDINGS 6. There was no evidence of the Complainant defining any requirements with respect to lighting guidelines, lighting recommendations, lighting industry standards, or any other lighting design guide. 7. With respect to the general lighting levels on this project, both inside and in the parking lot, there is insufficient evidence to support an allegation of unskilled practice, or unprofessional conduct. 8. The Member issued engineering schedules for this project verifying compliance with the Alberta Building Code (the ABC), without sealed lighting designs or field verification or both of light levels. It is agreed that the light levels on the main stairs did not meet the minimum levels as required by the ABC. 9. With respect to light levels mandated by the ABC , the Panel found sufficient evidence to support an allegation of unskilled practice, unprofessional conduct, or both regarding the light levels installed on the main stairs. Specifically, the Member failed to meet the Alberta Building Code 2006, Part B, Section 3.2.7.1:
providing access to exit for the public or serving patients’ sleeping rooms or classrooms shall be equipped to provide illumination to an average level not less than 50 lx at floor or tread level and at angles and intersections at changes of level where there are stairs or ramps.
E. CONDUCT 10. The Member freely and voluntarily admits that the light levels installed on the main stairs failed to meet the Alberta Building Code 2006 , Part B, Section 3.2.7.1. 11. The Member acknowledges that the conduct, described above, constitutes unprofessional conduct as defined in Section 44(1)(b) of the Engineering and Geoscience Professions Act. 12. The Member also acknowledges that the conduct described above contravenes Rule of Conduct #4 of the Code of Ethics: 4. Professional engineers and geoscientists shall comply with applicable statutes, regulations and bylaws in their professional practices. F. RECOMMENDED ORDERS 13. On the recommendation of the Investigative Committee, and by agreement of the Member and following a discussion and review with the Discipline Committee’s Case Manager, the Discipline Committee hereby orders that: 1. The Member shall receive a letter of reprimand to be retained on his APEGA file. 2. The Member shall pay a fine in the amount of $1,000 to APEGA within 60 days after the Discipline Committee’s Case Manager approves the Recommended Order. 3. If the Member fails to submit the above- mentioned requirements within the designated timelines, his registration will be suspended until such time as he does. 4. If the Member fails to meet the above requirements after a one-year period from
SPRING 2019 PEG | 71
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