Case Number: D-30300; Mr. David Edmond Fast; Corpus Christi, Texas.
Violation: It was alleged that Mr. Fast signed and affixed his Texas engineer seal to a WPI-2 Form for windstorm inspection that was submitted to the Texas Department of Insurance (TDI) certifying that a room addition to a residence met windstorm codes. However, subsequently it was found that the roof covering was not properly installed which caused leaking and damage to the interior of the structure, that the window was not code compliant, that the foundation was not constructed to code and that the rafters were not properly sealed. Mr. Fast acknowledged that his employee only visited the site once and that he took the contractor’s word that it had been built properly. Further, when asked by TDI to provide information to substantiate his certification, Mr. Fast failed to provide the requested information. Therefore, it appeared that the structure did not meet the cited code, that Mr. Fast’s certification was misleading, that he did not exercise reasonable care or diligence to ensure his employee performed the needed inspection and that he failed to act as a faithful agent of his client.
Resolution: Two year suspension with the final 21 months probated, a $4,000.00 administrative penalty and completion of an engineering ethics course. At the June 18, 2009 Board Meeting, the Board heard a request from Mr. Fast asking to amend this disciplinary action and voted to approve the request amending the action to a three year fully probated suspension of Mr. Fast’s Texas engineer license effective February 26, 2009, a $4,000.00 administrative penalty to the Board completion an engineering ethics course.
Case Number: D-30265; Mr. David W. Huddelston, P.E.; Corpus Christi, Texas.
Violation: It was alleged that Mr. Huddelston signed and affixed his Texas engineer seal to a WPI-2 Form for windstorm inspection that was submitted to the Texas Department of Insurance (TDI) certifying that a residence met windstorm codes that referenced dates the building was inspected which preceded Mr. Huddelston’s employment with the firm that provided the inspections. It was further alleged that when TDI requested information to substantiate his certification, Mr. Huddelston failed to provide the requested information. Therefore, it appeared that Mr. Huddelston sealed work that was not performed, nor directly supervised, by him nor did he substantiate his certification; thus, the WPI-2 Form created a misleading impression and indicated he was not careful or diligent.
Resolution: Two year probated suspension, a $3,500.00 administrative penalty and completion of an engineering ethics course.
Case Number: D-30856; Mr. Robert P. Chi, P.E. (Inactive); Olympia Fields, Illinois.
Violation: The Wisconsin Department of Regulation & Licensing (Wisconsin Board) revoked Mr. Chi’s Wisconsin engineer license as a result of an investigation and civil litigation regarding the collapse of a building in Lomira, Wisconsin, which led to the death of an employee in the building and in excess of $100,000,000.00 in damages. The investigation and litigation determined that Mr. Chi’s calculations and design of a system building support system was deficient. Based upon the actions taken against Mr. Chi by the Wisconsin Board, Mr. Chi’s Texas engineer license was also subject to censure.
Resolution: The Texas Board refuses to renew Mr. Chi’s Texas engineer license.
Case Number: D-30973; Mr. Allen R. Moore; Cameron, Missouri.
Violation: Mr. Moore was incarcerated as a result of a felony conviction.
Resolution: Revocation of his Texas engineer license as required by Texas Occupations Code, Section 53.021(b) and Board Rule 139.43(a).
Case Number: B-30544: Airsafe Consulting & Engineering; Frisco, Texas.
Violation: It was alleged that this firm prepared and issued engineering plans and a geotechnical engineering report, both displaying the word “Engineering” in the firm’s name, during a period when it did not have a Texas licensed professional engineer as a full-time employee and was not registered with the Board. During the course of the investigation, the firm did hire a Texas licensed professional engineer and did become registered with the Board as ACE Environmental and Engineering.
Resolution: A $1,280.00 administrative penalty.
Case Number: B-30546; GMA International, Inc.; Plano, Texas.
Violation: It was alleged that this firm was identified as the “Civil Engineer” on engineering design plans that bore the architect seal of Mr. Ghader Afshari-Mirak. Board records show that this firm is not registered with the Board nor that Mr. Afshari-Mirak has ever been licensed in Texas as a professional engineer; therefore, the preparation of engineering plans bearing Mr. Afshari-Mirak’s architect seal represents the unlawful performance of engineering services.
Resolution: Cease and desist from offering to perform or the actual performance of engineering services and from the representation that it can offer/provide engineering services to the public of Texas until such time as the firm hires a full-time employee who is a Texas licensed professional engineer and the firm becomes registered with the Board; and a $1,520.00 administrative penalty.
Case Number: B-30659; Mr. Thomas R. Turner; Pinehurst, Texas.
Violation: It was alleged that Mr. Turner prepared engineering plans that he submitted to a city to obtain building permits on which he placed engineer seals and the signed names of two Texas licensed professional engineers which had no involvement in the projects. Board records show that Mr. Turner has never been licensed in Texas as a professional engineer nor that he is registered with the Board as an engineering business; therefore, his preparation of the engineering plans represents the unlawful practice of engineering.
Resolution: Cease and desist from offering to perform or the actual performance of engineering services and from the representation that he can offer/provide engineering services to the public of Texas until such time as he becomes licensed in Texas as a professional engineer and becomes registered with the Board; and a $2,000.00 administrative penalty.
Case Number: G-30797; Bonham Independent School District (BISD); Bonham, Texas.
Violation: It was alleged that BISD completed six parking lot construction projects for school facilities; however, it did not engage Texas licensed professional engineers to complete the geotechnical testing, engineering design plans or supervise the engineering construction of the projects.
Resolution: BISD must provide “after-the- fact” engineering inspection reports of the projects; and a $1,000.00 administrative penalty.
Case Number: B-30776; SGB Engineering, Inc.; El Paso, Texas.
Violation: It was alleged that this business entity continued to represent the ability to offer and provide consulting engineering services to the public of Texas and actually provided engineering services during a period when it did not have a current firm registration.
Resolution: A $500.00 administrative penalty.
Case Number: B-30778; Kistenmacher Engineering Company, Inc.; El Paso, Texas.
Violation: It was alleged that this business entity continued to represent the ability to offer and provide consulting engineering services to the public of Texas and actually provided engineering services during a period when it did not have a current firm registration.
Resolution: A $500.00 administrative penalty.
Case Number: B-30787; Wells Doak Engineers, Inc.; Fort Worth, Texas.
Violation: It was alleged that this business entity continued to represent the ability to offer and provide consulting engineering services to the public of Texas and actually provided engineering services during a period when it did not have a current firm registration and after its firm registration became non-renewable.
Resolution: A $750.00 administrative penalty.