Alabama Board of Licensure for Professional Engineers and Land Surveyors Commodore Steel Case Study Webinar Will Begin at Noon (CST) on March 9, 2017
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Alabama Board of Licensure for
Professional Engineers and Land Surveyors
Commodore SteelCase Study Webinar
Will Begin at Noon (CST) onMarch 9, 2017
Alabama Board of Licensure for
Professional Engineers and Land Surveyors
Robert (Bob) Herbert
Special Investigator
Phone: 334-242-5089
Email: [email protected]
Commodore SteelCase Study Webinar
Alabama Board of Licensure for
Professional Engineers and Land Surveyors
Graduated Troy University in 2004 with degrees in Print Journalism & Sports Information
17 years of media experience working for publications in Alexander City, Greenville, Selma, Demopolis, Prattville/Montgomery, Wetumpka and Tallassee
BELS first Public Information Specialist
Alabama Board of Licensure for
Professional Engineers and Land Surveyors
Robert (Bob) Herbert
Special Investigator
Phone: 334-242-5089
Email: [email protected]
United States Air Force serving as a TACP for 5 years
Greensburg Police Department for 18 years and served in the capacities of patrol officer, Detective Sergeant, Detective Captain and Assist. Chief of Police
Special Investigator with the Board for 10 years
CASE NUMBER 2013-39-C
On August 22, 2013, the Alabama Board of Licensure for Professional Engineers and Land Surveyors received a complaint against Roddy Fitzgerald and his company, Commodore Steel Buildings.
• Commodore Steel Buildings, was to provide a pre-engineered steel building to meet the 2009 International Building Code (IBC) and the140 MPH wind load requirements.
• A professional engineer review showed that the building provideddoes not meet the original design nor does it comply with the current building code.
The investigation determined Roddy Fitzgerald and his company,Commodore Steel Buildings:
• Provided a pre-engineered steel building that would not meet the 2009 IBC and the 140 MPH wind load requirements.
• Did not employ a professional engineer for its design.
• A professional engineer review showed that the building provideddoes not meet the original design nor does it comply with the current building code.
Board Technical Advisor (BTA) provided a Review and found several issues with the building’s design:
• A 23% under design of the entire structure.
• He found Cee Purlins, Girts and Eave Struts were over stressed.
• The anchor bolts shown on the documents are indicated to be 5/8”diameter and the forces in the anchor bolts required 3/4”anchor bolts.
• The document states 1/4” diameter cable will be used for bracing.The 1/4" cables were too small to meet the MWFRS forces specified resulting in overstresses that cause collapse.
January 15, 2015 - A hearing was conducted at which Mr. Fitzgerald identifies his engineer as Jalal Ketabi, PE for the first time.
• No documents contained Mr. Jalal Ketabi’s name and seal, just initials.
• Mr. Fitzgerald also advised they had used Metal Building Software(MBS) software to assist them in designing the metal building.
The Board found Commodore Steel/Roddy Fitzgerald GUILTY at a Hearing and issued an Order that required the following:
• CEASE and DESIST all acts constituting the practice or the offer topractice of engineering in the State of Alabama.
• Shall pay a civil penalty to the Board in the amount of $2,500within 30 days of the date of the Order.
• Shall submit $1,925.55 as payment for the cost of hearing within 30 days of date of the Order.
Website BELS Orders:http://www.bels.alabama.gov/pdf/actions/Commodore_Steel_Buildings-Un-certificated.pdf
CASE NUMBER 2015-19-C
On January 28, 2015, the Alabama Board of Licensure for Professional Engineers and Land Surveyors received a complaint fromFrank Dagley, PE in reference to Commodore Steel Buildings, an un-certificated firm.
• Commodore Steel submitted design drawings for a pre-engineered building for the Mt Zion Baptist Church and Irvington FellowshipBible Church projects which contained the professional engineer sealof Jalal Ketabi, PE without his knowledge.
• The complaint further indicated the steel used by Commodore SteelBuildings for the Mt Zion Baptist Church project (which has been partially erected) was not the grade required for the building to be code compliant
On March 3, 2015, Jalal Ketabi, PE, was interviewed.
• Mr. Ketabi stated he was contracted by Roddy Fitzgerald ofCommodore Steel Buildings to design pre-fab metal buildings.
• It had been 1½ years since he had last worked for Mr. Fitzgerald.
• Mr. Ketabi advised he did not provide sealed design plans forIrvington Fellowship Bible project (September 1, 2014) and Mt ZionBaptist Church (November 15, 2014).
On March 4, 2015, Mr. Jermaine Dominic Jenkins, CAD Designer was interviewed.
• Mr. Jenkins had been contracted by Roddy Fitzgerald of CommodoreSteel Buildings to provide CAD support and residential design support.
• Mr. Jenkins worked with a contracted engineer (Mr. Ketabi) in drawingmetal buildings.
• Mr. Jenkins has not worked for Mr. Fitzgerald for more than 1 ½ years.
On April 2, 2015, a report was provided by a Board Technical Advisor in regards to the Mt Zion Baptist Church and Irvington Fellowship Bible Church projects. The Advisor stated numerous issues with the designs to include:
• Drawings for permit and construction should be specific to a particularproject. These drawings appear to be a mix/match from other sources.
• The drawings are incomplete with regards to required details as well asstructural steel sizes.
• These drawings contain numerous errors.
• Acceptable engineering practice should include a complete and accurate set ofdesign drawings that have been prepared specific to the intended job.
On April 13, 2015, Frank Dagley, PE was interviewed.
• In January 2015, Mr. Dagley became aware of a possible forgery of another professional engineer’s seal for the Mt Zion churchproject.
• The plans looked “like a cut and paste job”.
• Mr. Dagley called Mr. Ketabi and he was advised he had not donework for Commodore Steel for 1 ½ to 2 years. Mr. Ketabi advised if hisseal was on the plans it had been forged.
On May 6, 2015, Jimmy Davis, City of Mobile Inspection Department, provided an interview.
• He was aware of the issues concerning the Mt Zion Church plans that had been forged.
• Mr. Davis advised another engineering firm came in to help complete the project.
• He suggested I contact Baldwin County as Commodore Steel has hadprojects in that area.
On May 20, 2015, Randall Scott was interviewed.
• Mr. Scott was the general contractor for the Mt Zion Primitive Church (Mobile, AL) project.
• The steel did not match what was in the engineered plans.
• Mr. Dagley and Mr. Scott contacted the professional engineer listed on theplans, Mr. Ketabi.
• It was determined that the seal of Mr. Ketabi had been forged onto the planswithout his authorization and he was never involved with the project.
• The plans were sent to a new engineer, Mr. Christopher Grubb, PE, whoevaluated the plans and provided a fix for the sub-standard design.
Additional Complaints (CASE NUMBERs 2015-33-C, 2015-34-C)
On May 27, 2015, the Board received a complaint from Michael Murphy,PE. Mr. Murphy advised the following in his complaint:
• The cover sheet of the permit drawings bearing his name, seal and signature had been falsified as the code was changed to IBC 2009 and wind speed changed to 140 mph.
• The falsified drawings were submitted to the City of Mobile for review and acceptance.
An inquiry was sent to Baldwin and Mobile County's permittingdepartments for any projects involving Commodore Steel. A total of 26exhibits were received from these agencies.
The projects were reviewed and additional projects that containedMr. Ketabi’s professional engineer seal was found as well as additionalprofessional engineers’ seals to include:
• Mr. Randy Arp, PE
• Mr. Wesley Hardin, PE
• Mr. Harold Gregory, PE
On June 11, 2015, Chase Harrison was interviewed.
• Mr. Harrison is Mr. Fitzgerald’s son-in-law.
• Work History
• If engineered drawings were needed.
• Mr. Harrison confirmed Commodore Steel did use Mr. Ketabi as theirprofessional engineer. He confirmed Mr. Ketabi had not worked forCommodore Steel for approximately 1 ½ years.
• Mr. Harrison left Commodore Steel in August 2014.
Chase Harrison advised:
• 2013 CAD designer utilized.
• Commodore Steel stopped manufacturing buildings.
• Mt Zion Church project and Irvington Fellowship Bible Church projects.
• Mr. Harrison was not aware of who may have made changes todesign plans regarding (Case 2015-33-C and 2015-34-C (Zahra Design Plans with 130: Wind Speed) to (Zahra Design Plans with 140: WindSpeed).
• Mr. Harrison was asked if Roddy Fitzgerald could have placed theunauthorized engineer seals on plans and he stated “I don’t know”.
• Mr. Harrison was asked if Mr. Fitzgerald had not placed the forged seals on the plans then who could have and he stated “he didn’t know”.
• Mr. Harrison advised Mr. Fitzgerald charged $500 to $2500 perproject typically for engineered sealed plans. Commodore Steel usually did 15 to 30 projects a year that required sealed engineer plans.
On June 15, 2015, I spoke with Randy Arp, PE and advised a set ofanchor bolt plans were not produced by him and that the logo block on the plans as described to him was not his. Mr. Arp was sent the plans for verification.
• Mr. Arp responded in email advising “The foundation was not mydrawing. The foundation plan is labeled as anchor bolt layout. Thefooting locations don't match the metal building plans. Also I haven't engineered a footing/foundation for a 30’ x 50’ building for them.”
On June 16, 2015, I spoke with Wesley Hardin and asked him about a set of design plans bearing the Commodore Steel logo that were prepared for David Beard and contained his professional engineer seal.
I received an email from Mr. Hardin stating the following:
• “It was brought to my attention that there were building plans showing my stamp and signature on a set of plans that I have never seen.”
• Mr. Hardin filed a complaint against Commodore Steel. (Case 2015-38-C)
On July 8, 2015, Investigator Rusty Mascari of the Alabama GeneralContractors Board contacted me in reference to the Tri City BaptistChurch, Millbrook, AL, project.
Rusty Kitchens, co-founder of Independent Baptist Builders, was a sub-contractor for the church project advised:
• Commodore Steel/Rodney Fitzgerald was the primary general contractor for the project.
• Commodore Steel had hired an independent Alabama PE to assist with fixing issues with the building.
On July 9, 2015, I spoke to Michael Murphy, PE. He confirmed theengineered drawings for the Tri City Baptist Church were designed byVulcan Steel and that he had sealed them. He stated the following:
• Vulcan only produced permit drawings
• Vulcan Did NOT manufacture the steel building that was erected.
• The drawings are not final "For Construction" drawings with the exception of the anchor bolt setting plan information.
• Not a Vulcan building and not a structure for which he providedengineer sealed drawings.
• Modifications to the center column in one of the gabled end walls.
On July 14, 2015, I made a site visit to Tri City Baptist Church, Millbrook,AL, and interviewed Pastor Tom Woodfin.
• Commodore Steel was hired as the general contractor in late 2014.
• Mr. Fitzgerald provided the engineered Vulcan Steel designed Tri CityBaptist Church plans for permitting in February 2015.
• The City of Millbrook accepted the Vulcan Steel designed Tri CityBaptist Church plans and issued the permit on February 19, 2015.
• The wings on the building have been enlarged from 80’ to 88’ and a new anchor plan was done by Mr. Fitzgerald.
Pastor Woodfin advised :
• Numerous discrepancies were found comparing the permittedplans (Vulcan) and the structure that was erected (Gulf States).
• Mr. Fitzgerald hired Mr. Gordon Davis, PE to evaluate the engineeringissues for the project. It was determined that Mr. Davis would workdirectly for the church and not Mr. Fitzgerald.
On July 15, 2015, I spoke with Harold Gregory, PE and inquired if he was aware that his professional engineer seal appeared on Commodore Steel design plans for a project located at 13043 TannerWilliams Rd.
• Mr. Gregory adv ised he never sealed the plans and someone had forged his seal on the plans.
• He submitted a complaint to the Board.
(2015-44-C)
On July 15, 2015, I received an email from Mr. Ketabi stating:
• “This is the response to project 2015-19-C Ex. B-29, B-47 and B-50,these drawings were not signed by me. These drawings are noteven a complete set, no date, no location and no cover sheet. Theseare all fraud and they used my name and seal without mypermission. Please let me know if there is anything I can do that help to stop these people doing this kind of fraud.”
On July 24, 2015, Documents where sent to Board Technical
Advisor for his review.
• Board Technical Advisor was asked to review the documents todetermine if they were within the practice of engineering, and/or determine if they contain violations of the acceptable standards of practice of engineering in the State of Alabama.
On August 7, 2015, I spoke with Rusty Coker, Foley, AL and he advised he had hired Commodore Steel in December 2014 for $24,900to build a metal building.
• The building was constructed and finished in early 2015.
• Mr. Coker never saw the engineered plans for his project as Mr.Fitzgerald had provided them to Baldwin County for the buildingpermit.
• It was suggested to Mr. Coker to have his garage evaluated by an engineer as the permitted plans appeared to have a forged engineers seal, Mr. Ketabi, on them.
On August 10, 2015, I spoke with Charles Trovinger in reference todesign plans for a metal building project in Mobile County.
• Mr. Trovinger advised he only dealt with Mr. Fitzgerald and theconstruction of his new garage was done very quickly.
• Mr. Fitzgerald provided all the engineering plans and documents for permitting.
• Mr. Trovinger was advised to have his garage evaluated by an engineer since the permitted plans appeared to have a forgedengineer seal on them.
On August 10, 2015, I talked with David Beard. He stated he saw anadvertisement for Commodore Steel in the EMC rural electric magazine.
• Mr. Fitzgerald provided the engineered plans to be permitted byBaldwin County.
• Mr. Beard received a Commodore Steel Buildings constructioncontract dated November 20, 2014, for the building. The total pricewas $52,800.
• Mr. Beard was advised to have his garage evaluated by an engineer as the permitted plans appeared to have a forged engineer seal.
On August 10, 2015, I received documents from Gordon Davis, PE in reference to the Tri City Baptist Church project.
• Sited numerous problems to include deficiencies, overstressed members for the structure.
• With modifications building could be brought up to the properbuilding code.
On August 13, 2015, Mr. Fitzgerald was interviewed at the Boardoffice.
• Irvington Fellowship Bible, Mobile, AL design plans
• Mr. Harrison received a $1500 paycheck per week while he was employed full time at Commodore Steel and after Mr. Harrison leftin August 2014 he was paid $400 cash for each CAD service project.
• Mt Zion Baptist Church, Mobile AL design plans
Mr. Fitzgerald (cont.)
• Tri City Baptist Church, Millbrook, AL.
• Mr. Fitzgerald stated he did not know why Mr. Harrison would haveforged all these engineer’s seals on the Commodore Steel buildingplans.
• He restated he was not aware of this issue until it was brought to hisattention by the initial complaint to the Board.
• He also stated Mr. Ketabi had not worked for Commodore Steelfor a couple of years.
On September 18, 2015, I received a Technical Review report from the Board Technical Advisor. Listed are a few of his observations in his report to include:
• Numerous problems associated with the submitted sets of drawingsto include: drawings appear to come from multiple sources and donot appear to be project specific, different title blocks, anchor boltplans do not match the foundation plans, drawing sets are notcomplete and many do not indicate any structural sizes to name a few.
• Professional engineer seals appear to be copied amongst drawings ina set as well as across sets.
• Changes made to a structure that are not correctly documented andhave modified or eliminated the lateral bracing system for the structure.
On September 23, 2015, I spoke with Mr. Michael Murphy, PE, VulcanSteel Vice President.
• Original Zahra Design drawings indicated the building code as IBC2006 and a wind speed of 130 mph and had been provided toCommodore Steel Buildings for permitting only.
• Modified 2nd set of Zahra Design drawings building code was IBC 2009 and a wind speed of 140 mph for Commodore Steel Buildings project.
• The Vulcan Steel design plans - submitted to the City of Mobile forpermitting purposes, and that Commodore Steel Buildings haderected a building.
On September 30, 2015, Ahmad Zahra advised he contracted with RoddyFitzgerald of Commodore Steel Buildings in July 2014 to erect a metal storage building.
• City of Mobile rejected the original design plans and advised himthat the plans did not meet current building codes since they indicated the applicable building code was IBC 2006 with a 130 mph wind speed.
• Mr. Fitzgerald provided a new set of plans with updated buildingcode information (IBC 2009) with the 140 mph wind speed.
• Mr. Zahra submitted the updated engineer design plans to the City of Mobile for permitting. The plans were accepted and a permit was issued.
CONCLUSION
The investigation determined Roddy Fitzgerald, of Commodore Steel Buildings, submitted numerous design plans for metal buildings that contained forged professionalengineer seals to clients and local permitting authorities.
Mr. Jalal Ketabi, PE seal used on 6 design plans
Mr. Wesley Hardin, PE seal used on 1 design plan
Mr. Harold Gregory, PE seal used on 1 design plan
Mr. Michael Murphy, PE seal used on 1 design plan
Mr. Randy Arp, PE seal used on 1 design plan
CONCLUSION
The Board Technical Advisor provided 2 reports :
Technical Review Report #1:
1. Drawings for permit and construction should be specific to a particular project. This does not appear to be the case for this review. These drawings appear to be a mix/match from other sources. This includesstandard details as well as plans and elevations.
2. Drawings should provide complete detail for the structures to be built. These drawings are incomplete with regards to required details as well as structural steel sizes.
3. These drawings contain numerous errors particularly with regards to the layout of the 100'x60'x24' building.
4. Acceptable engineering practice should include a complete and accurateset of design drawings that have been prepared specific to the intendedjob. This does not appear to have occurred in this instance.
CONCLUSION
Technical Review Report #2:
“In general, there are numerous problems associated with the submitted setsof drawings with regards to the acceptable practice of engineering in the State of Alabama. The drawings presented in many of these sets appear tocome from multiple sources and do not appear to be project specific. The titleblocks are different and are not filled out. Many of the anchor bolt plans do notmatch the foundation plans, as well the reactions sheet does not match thesedrawings. Generally, design loads are shown on only one drawing for a specificproject. There are many instances where design loads are shown on multiple drawings and these loads do not match. Some of the drawing sets are notcomplete and many do not indicate any structural sizes. These inconsistencies and omissions are not an acceptable standard for the practice of engineering. Additionally, professional engineer seals appear to be copied amongst drawings ina set as well as across sets. There appear to be field changes made to thestructure listed in item 11 above that are not correctly documented and thathave modified or eliminated the lateral bracing system for this structure. Overall,the drawing sets as presented are poor.”
Chase Harrison denied any involvement with the forging of engineerseals on documents.
Mr. Fitzgerald denied any involvement with the forging of engineerseals on documents.
On June 1, 2016, the Board issued a Hearing Order that required the following:
• Respondent shall CEASE and DESIST all acts constituting the practiceor the offer to practice of engineering in the State of Alabama.
• Commodore Steel / Roddy Fitzgerald must pay a civil penalty to theState of Alabama General Fund in the amount of $25,000.
• Commodore Steel / Roddy Fitzgerald must pay the Board $5,243.75 for the cost of the hearing.
Website BELS Orders:
http://www.bels.alabama.gov/pdf/actions/Commodore_Steel_Buildi
ngs-Un-certificated2.pdf
General Contractors Board Hearing - April 13, 2016:
• Roddy Fitzgerald was licensed as a General Contractor.
• Violations were brought against Roddy Fitzgerald related to the Tri City Baptist Church, Millbrook, AL project
• Alabama General Contractors Board Revoked Mr. Fitzgerald’s license on August 17, 2016.
Mobile County Grand Jury Hearings:
• BELS case submitted to Mobile County DA for consideration. Assigned to adetective with the Mobile County Sheriff Department. I worked closelywith the assigned detective.
• A search warrant was served at place of business. 3 SUV’s full of plans taken into evidence.
• Roddy Fitzgerald was initially charged with 42 felony counts. During his Bondhearing he was sentenced to jail for 1 year for violating his probation on a prior conviction.
• January 20, 2017 after a Grand Jury hearing Mr. Fitzgerald was charged with 44 felony counts. Additional felony arrest warrants were issued for RoddyFitzgerald in the states of Mississippi, and Tennessee.
Baldwin County Grand Jury Hearings:
• BELS case submitted to Baldwin County DA for consideration.
• Assigned to a DA investigator with the Baldwin County DA office. I worked closely with the assigned DA investigator on the criminal investigation.
• 2 other independent investigations from police departments in Baldwin County secured additional evidence for felony charges.
• November 14, 2016, a Grand Jury hearing was held after which Mr. Fitzgerald was charged with 4 felony counts and warrants wereissued for his arrest.
Criminal Case web links:
http://local15tv.com/news/local/mcso-local-contractor-facing-42-felony-
counts http://local15tv.com/news/local/did-this-contractor-do-work-for-
you-the-sheriffs-office-wants-to-know
http://local15tv.com/news/local/contractor-accused-of-fraudulent-work-
to-serve-one-year-in-jail http://local15tv.com/news/local/record-fine-for-
local-contractor http://www.fox10tv.com/story/32197347/mobile-co-
contractor-charged-with-fraud
http://www.wsfa.com/story/32350914/contractor-jailed-accused-of-
making-plans-for-unsafe-buildings
News stories have been broadcast in Arizona, Louisiana, Mississippi,Tennessee, and North Carolina.
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