Four more citations issued over Chester building collapse

The state has issued two citations against the Chesterfield County building inspector's office and one citation each against a construction company and an engineering firm for violating occupational safety laws in last year's fatal collapse of a building under construction in Chester.

In all, 17 citations have been filed by the Virginia Department of Labor and Industry in the case and $160,500 in fines have been levied against contractors, who are challenging the penalties. The county also is contesting its citation.

The two citations issued against Chesterfield, both of which are termed "serious," allege that the building inspector's office failed to follow up on required corrective actions identified during inspections, properly retain and maintain construction files for the project and thoroughly examine all documents submitted by the builder.

The labor department said:

"The investigation revealed that in the weeks prior to the building collapse, some studs in bearing walls were noted to be bowing and some had to be replaced, and that Chesterfield County Building Inspectors had walked through areas where bowing studs were located."

The county was not fined; state labor department regulations prohibit it from fining a public sector entity, said spokeswoman Jennifer Wester.

Chesterfield's public information office referred questions to Bill Dupler, the county's chief building official, who didn't return phone calls yesterday.

The four latest citations issued by the state labor department are in addition to 13 citations issued against the project's general contractor, McBar Industries Inc. of Chester, which was fined $83,500.

In separate citation letters, the state issued violation notices to E.C. Couch Builder Inc. and Keith Engineering, two of the project's subcontractors, levying fines of $70,000 and $7,000, respectively.

E.C. Couch, Keith Engineering and the county have all taken corrective actions but have contested the violations, and each will be afforded an informal hearing to negotiate the final disposition of their cases, Wester said.

The individual cases could go to circuit court if the state and cited parties can't reach an agreement, she added.

The two-story building at 4301 Fountain Square Plaza fell Sept. 10 when Sheetrock and other materials being loaded onto the second floor caused the unbraced metal studs in a bearing wall on the first floor to collapse, the state investigation determined.

Scott Giordano, 38, of Prince George County was killed while installing insulation on the first floor.

The state issued a "willful" violation against E.C. Couch Builder, alleging the company's management was specifically aware of the structural problems but took no action to laterally brace the studs to prevent the collapse. The company was fined $70,000.

A "willful" violation is considered to be worse than a "serious" violation.

David Couch, president of E.C. Couch Builder, said through a spokeswoman that the company could not comment because it is appealing the citations.

Keith Engineering was issued a "serious" violation, with a $7,000 fine, for allegedly failing to exercise due diligence in ensuring the building's structural integrity by adhering to "applicable building codes and construction practices."

The state listed Keith Engineering as the project's architect and structural engineer of record, as well as its special inspection engineer of record and design professional.

A spokesman for Keith Engineering did not return phone calls for comment yesterday.

The most serious violation issued against McBar said the company exposed workers to "potential crushing injuries" by failing to follow manufacturing specifications for installing and bracing the metal studs used in the building.

In an e-mail response to the state, R. Webb Moore, McBar's attorney, said the company performed all required duties and obligations on the Fountain Square project and denies it had any knowledge of structural problems.

The status of the Fountain Square project is unclear. McBar President Barney McLaughlin, who couldn't be reached yesterday, told one news outlet last year that he plans to rebuild, but no new construction has begun.

The 16-unit building has been demolished and the debris hauled away, leaving only the structure's footprint, which is roped off with "keep out" and "no trespassing" signs.

Contact Mark Bowes at (804) 649-6450 or .