Engineers and Geoscientists BC issued a Notice of Inquiry to Mr. Frankie Hup Mui, P.Eng., in October 2017 regarding his structural design for a commercial property in Delta, BC. In lieu of proceeding to a disciplinary inquiry, Mr. Mui agreed to a Consent Order dated March 13, 2018.
By way of the Consent Order, Mr. Mui admitted that he had demonstrated unprofessional conduct, incompetence, or negligence, as:
- His structural design of the lateral force resisting system for an extension of the mezzanine level within the Property was deficient, insofar as it:
all of which resulted in a design that could not be safely implemented;
- used ductility and overstrength factors incorrectly;
- was based on an incorrect application of the principles of force resolution;
- relied on critical knee brace connections that were inadequate to resist the required seismic loads;
- did not include a positive connection between the column and beam, resulting in an unstable solution; and
- did not present sufficient information on the drawings for a reviewer or contractor or other professional to ascertain with certainty the load resisting system and the critical components of such a system like the knee brace connection and the foundation connection;
- after the adequacy of his structural design was questioned by the Corporation of Delta, he stated to Engineers and Geoscientists BC that he had reviewed the design and found it to be satisfactory and in accordance with the British Columbia Building Code (the “Code”), when in fact it was not satisfactory and was not in accordance with the Code;
- after the adequacy of his structural design was further questioned in an interview conducted pursuant to section 30(4) of the Engineers and Geoscientists Act, he delivered to Engineers and Geoscientists BC a new set of calculations and free body diagrams of the design. The new set of calculations and free body diagrams reflected that he had corrected the calculation of the applicable forces, but he had failed to translate the revised calculations into connection designs that could resist the calculated forces. Further, the revised design failed to correct the problem identified above at item C.
Further, by way of the Consent Order, Mr. Mui admitted that he failed to comply with section 14(b) of the Bylaws and that he failed to establish and maintain documented quality management processes for his practice. Specifically, Mr. Mui admitted that he failed to:
- ensure regular, documented checks of his engineering work using a written quality control process.
As part of the Consent Order, Mr. Mui agreed to the following:
- His membership with Engineers and Geoscientists BC is cancelled effective June 1, 2018.
- During the period from March 13, 2018, to June 1, 2018, he must:
- make reasonable arrangements for the orderly transfer of his ongoing professional engineering project files to other professional engineers;
- limit his practice to those project files that he is currently engaged on and not take on any new project files or other engineering work;
- be subject to direct supervision by a “Supervising Engineering Professional” (the “Supervising Professional”) as described in the Quality Management Guidelines—Direct Supervision, v. 1.3 (the “Direct Supervision Guideline”). The Supervising Professional must be approved in writing and in advance by the Registrar of the Association. The Supervising Professional shall provide “direct supervision,” as defined in the Act and as set out in the Direct Supervision Guideline, in respect of all engineering work performed by Mr. Mui (the “Direct Supervision”); and
- pay the costs of the Supervising Professional providing the Direct Supervision.
- He must pay $4,000 towards the legal costs incurred by Engineers and Geoscientists BC.
- In the event that he fails to comply with any of the terms of the Consent Order, his membership with Engineers and Geoscientists BC will be suspended until every default has been remedied.
The full text of the Consent Order
agreed to by Mr. Mui can be found in the Disciplinary Notices
section of our website.
Engineers and Geoscientists BC’s website contains information on the complaint, investigation, and discipline processes
. You can contact us at 604.558.6647 or toll-free at 1.888.430.8035 ext. 6647, or by email at [email protected]