INNOVATION November-December 2021

D I S C I P L I N E A N D E N F O R C E M E N T

DISCIPLINARY NOTICE: BRIAN MCCLURE, P.ENG., STRUCT.ENG., NANAIMO, BC The Investigation Committee (the Committee) initiated an investigation of Mr. Brian McClure, P.Eng., Struct.Eng., on December 12, 2019, with respect to the structural engineering services he provided as the structural engineer of record for the 11-storey Danbrook One residential building in Langford, BC.

In deciding to issue the interim Order imposing a practice restriction on Mr. McClure, the Committee considered the experts’ opinions that the design was not in compliance with the BC Building Code, that Mr. McClure did not conduct a sufficient number of field reviews, and that Mr. McClure was not qualified to carry out structural design services for a building of the size of the Danbrook One. The Committee also noted that, during the investigative interview, Mr. McClure admitted that no design or independent reviews of any part of the design of the building were conducted prior to construction. While Mr. McClure was aware these reviews needed to be done, they never occurred. The interim practice restriction will remain in place until the final disposition of the matter by the Investigation Committee or Discipline Committee, as applicable, or if the Committee determines the practice restriction is no longer necessary to protect the public interest. The full text of the Order of the Committee can be found in the Disciplinary Notices section of our website, at egbc.ca/Discipline-Notices . BC brought these allegations to the Discipline Committee to consider whether further disciplinary action was warranted under section 34 of the Engineers and Geoscientists Act . Following written submissions regarding the alleged contravention, a panel of the Discipline Committee (the Panel) issued a determination dated August 17, 2021 (the Determination), which found that Mr. Trott contravened the practice restriction imposed through the 2009 Consent Order. In the Determination, the Panel found that the engineering designs Mr. Trott provided for three projects all required the application of Part 4 of the BC Building Code, and that his engineering designs were not limited to structural elements of the buildings that were governed by Part 9 of the BC Building Code. The Panel noted the restriction on Mr. Trott’s scope of practice is clear and that Mr. Trott’s violation of the practice restriction poses a public protection risk, and also showed disregard for Engineers and Geoscientists BC as his professional regulatory body. The Determination ordered that Mr. Trott’s registration is cancelled effective August 18, 2021. As his registration is cancelled, Mr. Trott is unable to practice professional engineering in British Columbia or use the title of “Engineer”. The full text of the order can be found in the Disciplinary Notices section of our website, at egbc.ca/Discipline-Notices.

As part of the investigation, experts prepared reports which provided opinions in relation to the field reviews conducted during the construction of the building, the non-seismic elements of the design of the building, and the overall structural design of the building. Additionally, an investigative interview with Mr. McClure took place. On September 29, 2021, the Committee ordered an interim practice restriction on Mr. McClure beginning October 1, 2021. The Committee’s interim Order requires that documented independent reviews of Mr. McClure’s structural engineering work pursuant to section 7.3.5 of the bylaws of Engineers and Geoscientists BC must be completed by an engineer outside of Mr. McClure’s firm. DISCIPLINARY NOTICE: THOMAS LYNN TROTT, SURREY, BC Engineers and Geoscientists BC and Thomas Lynn Trott agreed to a Consent Order dated November 9, 2009. In that Consent Order, Mr. Trott admitted that structural engineering designs he provided for a building in Vancouver did not adequately address seismic or vertical loads and did not provide sufficient details to properly construct the building. The Consent Order imposed a practice restriction on Mr. Trott’s registration, specifically that he could not provide structural engineering designs of buildings requiring the application of Part 4 of the BC Building Code or Part 4 of the City of Vancouver Building By-law and that Mr. Trott’s practice of structural engineering was restricted to the design of wood frame buildings to which Part 9 of the BC Building Code and the Vancouver Building By-law applies, but which could include the design of structural elements within such buildings, that are governed by the provisions of Part 9 of the BC Building Code and the Vancouver Building By-law. The Consent Order allowed Mr. Trott to continue practising as an engineer, but with restrictions on his practice as noted in the Consent Order. In late 2019, Engineers and Geoscientists BC became aware of allegations that, on several occasions, Mr. Trott contravened the practice restriction imposed on his registration through the 2009 Consent Order. In December 2020, Engineers and Geoscientists

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