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CASE MANAGER Bruce Alexander, P.Eng.
MEMBER Paul D. Salvian, P.Eng.
976948 Alberta Ltd. ("Western Engineering")
BACKGROUND
During the course of an investigation conducted by APEGGA's
Investigative Committee into the conduct of Paul D. Salvian,
P.Eng. and 976948 Alberta Ltd. ("Western Engineering")
concerning services provided to Tracer Industries of Edmonton,
Alberta, Mr. Salvian had freely and voluntarily admitted
and agreed with the attached facts and findings presented
by the Investigative Committee.
Since Mr. Salvian has admitted to conduct that constitutes
unskilled practice and 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. Salvian, he confirmed that
he, also, agrees 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 7th day of May, 2004 at Edmonton, Alberta.
_____________________________
Bruce Alexander, 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
in relation to signing and sealing drawings, design information
documents, and calculations for a fire protection system
for a building extension for Tracer Industries, Edmonton,
Alberta.
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 Paul D. Salvian, P.Eng., has been
a Professional Engineer registered in good standing with
APEGGA.
2. At all material times 976948 Alberta Ltd. has been a
permit holder registered in good standing with APEGGA.
3. In or about May, 2002, Paul D. Salvian, P.Eng., and 976948
Alberta Ltd. were engaged to review drawings and calculations
related to a fire protection system for a building extension
for Tracer Industries in Edmonton, Alberta.
4. At some time between May 28, 2002 and June 17, 2002,
Paul D. Salvian, P.Eng., reviewed the drawings provided to
him by the client, Fire-Tech, and noted a number of deficiencies.
5. On or about June 17, 2002, Paul D. Salvian, P.Eng., and
976948 Alberta Ltd. applied their professional seal and permit
stamp respectively to the drawings and calculations aforesaid,
notwithstanding that:
a. The drawings and calculations contained numerous deficiencies
and did not meet Code requirements;
b. Paul D. Salvian, P.Eng., was aware that the drawings and
calculations contained serious deficiencies that would pose
safety concerns if uncorrected;
c. Paul D. Salvian, P.Eng., did not adequately ensure the correctness of sprinkler
head operation, sprinkler system calculations, sprinkler systems generally
and the applicable codes in respect of the relevant project;
d. Paul D. Salvian, P.Eng., reviewed but did not supervise preparation of the
drawings, nor perform calculations to determine the sprinkler pipe sizes;
e. Paul D. Salvian, P.Eng., was not informed of the intended use of all areas
of the building.
6. Paul D. Salvian, P.Eng., signed Schedule C-2 on August
12, 2002, and caused it to be issued August 14, 2002, indicating
that the fire protection system complied with all applicable
Codes, notwithstanding that:
a. There were deficiencies not identified on the certificate
schedule C2 that still existed; and
b. He did so without an adequate inspection of the installation
during construction."
7. On June 26, 2002, the mechanical consultant for the project
filed a complaint with APEGGA respecting the conduct of Paul
D. Salvian, P.Eng., and 976948 Alberta Ltd.
8. On July 18, 2002, Paul D. Salvian, P.Eng., stamped revised
calculations on this project and submitted them to the mechanical
consultant, Nowak Engineering Ltd. The revised calculations
were deficient in that:
a. They did not meet Code requirements, and
b. They were incorrect.
II FINDINGS
1. The conduct of Paul D. Salvian, P.Eng., and 976948 Alberta
Ltd. constitutes unskilled practice in the following respects:
a. In applying the professional seal and permit stamp to
drawings and calculations that contained numerous deficiencies
and did not meet Code requirements, thereby acting in
contravention of APEGGA Code of Ethics Rules of Conduct
#1 and #2;
b. In submitting revised calculations which did not meet
Code requirements and which contained errors, thereby acting
in contravention of APEGGA Code of Ethics Rules of Conduct
#1 and #2.
2. That the conduct of Paul D. Salvian, P.Eng., and 976948
Alberta Ltd. constitutes unprofessional conduct in the following
respects:
a. Paul D. Salvian, P.Eng., signed and sealed drawings
and calculations, notwithstanding that he had not prepared
the
drawings and calculations, nor supervised their preparation,
nor thoroughly reviewed them, thereby acting in contravention
of APEGGA Code of Ethics Rule of Conduct #3;
b. Paul D. Salvian, P.Eng., applied his professional seal
and signature to drawings and calculations knowing that
they did not meet Code requirements and that they contained
numerous
deficiencies, thereby acting in contravention of APEGGA
Code of Ethics Rule of Conduct #2;
c. Paul D. Salvian, P.Eng., and 976948 Alberta Ltd. did
not act as faithful agents or trustees for their client,
thereby
acting in contravention of APEGGA Code of Ethics Rule of
Conduct #4.
III ORDERS 1. That Paul D. Salvian, P.Eng., and 976948 Alberta Ltd.
be reprimanded.
2. That Paul D. Salvian, P.Eng., successfully complete the
examinations appended hereto as Schedule “A” and
forming part of this Order, within three (3) years of the
date of this Order.
3. That Paul D. Salvian, P.Eng., successfully complete the
Professional Practice exam within twelve (12) months of the
date of this Order.
4. That Paul D. Salvian, P.Eng., practice under the supervision
of a Professional Engineer commencing immediately upon finalization
of this Order for such period until he has successfully completed
the requirements of Order #2 within, plus a further 3 years
following successful completion of Order #2, such professional
member to be nominated by the Investigative Committee and
as the Discipline Committee may approve and upon such terms
as the Investigative Committee may recommend and the Discipline
Committee may approve, such supervision to be at the cost
of Paul D. Salvian, P.Eng.
5. That the registration of Paul D. Salvian, P.Eng., be
suspended if Orders #2, #3, and #4, are not complied with
until such time as those Orders are complied with.
NOTE: This decision is published in accordance
with an APEGGA Council policy that requires publication in
The PEGG of all discipline decisions.
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