PGI plant expansion at NLR erupts into dispute.

A $40 million expansion at the Polymer Group Inc. plant in North Little Rock was greeted with open arms when it was announced in March.

But the planned opening in December is now looking unlikely as a local engineering firm has filed a lien for unpaid work and a formal complaint alleging suspicious use of an out-of-state engineer's seal on drawings that weren't up to snuff.

A local architect has also questioned PGI's intention to comply with federal law on building accessibility to the handicapped, and there are questions about whether demolition work was begun without proper authorization.

"Due to the litigious nature of this, my lawyer has advised me not to comment," says William B. Denton, president of Industrial Engineering Associates of North Little Rock. "This appears to be heading toward litigation, and I don't want to say anything that might expose my position."

Industrial Engineering has filed a lien for unpaid work totaling $71,000 against the project at the 1301 E. Eighth St., which entails building a new 50,000-SF structure and renovating 200,000 SF of the existing plant to house expensive new equipment.

The project includes a new cutting-edge production line to crank out disposable hygiene, medical, wiping and industrial applicators and will bring with it 45 new jobs.

The dispute with the general contractor on the project, Southern Industrial Constructors Inc. of Raleigh, N.C., also has spawned concerns with the way the contractor is conducting business.

In addition to the lien, Denton has notified the State Board of Registration for Professional Engineers & Land Surveyors of possible violations in connection with the project.

Denton's Aug. 23 letter details concerns that a Raleigh engineer's stamp was used improperly on project drawings in Southern Industrial's early, failed attempts to get a building permit.

A professional stamp on construction documents denotes the plans are in compliance with all building codes and regulations and address any issues of life, safety and health.

Denton's three-page letter raises questions that either James Barcomb of Alpha & Omega Group PC in Raleigh, N.C., misused his professional license or someone used his stamp for their own purposes.

Barcomb, who is licensed to do engineering work in Arkansas, couldn't be reached for comment. Sources indicate that Barcomb has said someone used his engineering stamp without his knowledge.

Denton outlines four instances of potential violations involving Barcomb's professional stamp in connection with the PGI project.

* Barcomb did not date and sign stamped plan sheets submitted to the North Little Rock Public Works Department.

* Barcomb's stamp was affixed to a drawing dated May 10 that contained foundation details that appeared to be identical to several of the foundation details contained in Blass Chilcote Carter Lanford & Wilcox drawing dated Feb. 15, 1982, describing foundation details for an existing, adjacent building.

* The plan sheets bearing Barcomb's stamp did not contain the seal evidencing the Alpha & Omega Group PC certificate of authorization to practice in Arkansas.

* It appears that the foundation plans were designed and stamped by Barcomb prior to completion of a soils report and may not have been prepared using acceptable engineering practice.

On July 14, Denton phoned Barcomb and talked with him about data used in his work on the project as well as the drawings that bore his stamp, which were rejected by the North Little Rock officials.

"Mr. Barcomb then requested that I destroy the subject drawing sets immediately," Denton writes in his letter to the licensing board. However, Denton kept the plans, which will be used as evidence by the licensing board.

William H. Asti, a Little Rock architect retained by Denton's firm to assist in the design, sent a letter Sept. 22 to the licensing board concurring with Denton's concerns. Asti also noted concerns with aspects of the project that the contractor was not addressing.

"There may very well be extenuating circumstances related to this specific project which makes the professional conduct issue moot, however, I found myself on this specific project unable to justify, continuing to perform services, knowing that I would in all likelihood never affix my own professional architectural stamp to work performed.

"The obstacle to obligating my license, by stamping work performed under state law, was due to what I perceived to be possible transgressions and potential violations of local adopted codes, state of Arkansas laws and federal civil rights laws, which affect building design for the handicapped."

ADA Standards

Under the American with Disabilities Act, up to 20 percent of the construction budget for the PGI expansion must be set aside to bring the existing structure up to ADA standards.

"There are some things they need to do at the plant to meet ADA standards," Asti says. "It is against the law to say you're going to do nothing about it.

"My decision to not stamp drawings was a real difficult decision because this was a real big project. But the attitude of the contractor was just too cavalier.

"All they wanted from us was the foundation design plans, so they could start building and do whatever they wanted to do."

Robert Voyles, director of com m unity planning in North Little Rock, is unsure whether Southern Industrial is abiding by ADA requirements or not.

Questions also have been raised about Southern Industrial doing demolition work in preparation for new construction and renovation without the proper permitting.

Voyles is unaware of any structural changes at the PGI plant that required a demolition permit. He indicates that any changes in the facility would be covered under the building permit.

However, those familiar with the project say demolition work was under way as early as May, and the city didn't issue a building permit until Aug. 31.

A 2,000-SF section of the building was taken down in May before the contractors had gotten any kind of permit in connection with the project. In June, a large section of interior concrete block wall was demolished in preparation.

Parts of the roof are being removed and rebuilt, and load bearing columns are being extended to support a higher roof.

Regulation 21

Regulation 21 of the Clean Air Act prohibits making structural alterations to any building without proper regulatory authorization. This regulatory authority is to check for the presence of any hazardous particles, such as asbestos, that might be released into the air during the course of the work.

The Arkansas Department of Environmental Quality has no record of being notified of the changes 10 days prior to demolition, as required by law. Even before the work can be authorized, the contractor must provide certified documentation there is no hazardous materials present or the state has to conduct its own tests.

"I'm not aware of anything that was sent in to us," says Ron Hoofman, section manager for asbestos and lead at the department. "We will send an inspector over there to look into it."

The penalty for violating Reg 21 carries a maximum fine of $10,000 per day per violation at the state level. Fines levied by the Environmental Protection Agency go as high as $25,000 per day per violation.

Southern Industrial should know of the ADA and Reg 21 requirements, which are national in scope. And even if they didn't, they were made aware of the need to comply with this issues earlier this summer.

Officials at Southern Industrial couldn't be reached for comment. It's unclear what North Little Rock officials intend to do about the alleged ADA violations and Reg 21 certification.

"This building may be built just fine, and no one gets hurt," Asti says. "Maybe none of those kids at the [Sherwood Park] elementary school [which adjoins the PGI property] will be hurt either. I don't know if any asbestos was released or not. But that's why we have laws about this. If we have people who come in here and do as they please, why have the laws?"