Conflict over fatal barrier

Changes to the building code have been urged at an inquest into the death of Auckland teenager Danial Gardner, who fell from a safety barrier at the Imax Centre four years ago.

The inquest has heard conflicting expert views about whether the barrier met regulations.

Danial fell 14.25m from the barrier railing, placed across a window opening on level three of the Queen St complex, on 22 September, 2000.

Architect John Sinclair said he believed that the Auckland City Council correctly issued an interim code compliance certificate for the entertainment centre.

The Building Industry Authority found that the barrier complied with the building code.

Mr Sinclair said Danial's death had focused attention on the compliance issue, "and on the adequacy of the Building Code performance standards".

He said building controls should be changed and the Building Industry Authority was proposing changes.

That was not a criticism of the council's decision to issue the compliance certificate, he said.

The hearing has been told that the BIA has made recommendations to the Government that would place more controls on barriers and prevent them being used as seats.

The barrier which Danial was sitting on was not built to the plans provided by architects to the council for building consent.

The plans showed a height of 1m without the railing. But the metal railing was lowered to reduce the gap between the ledge and railing. This reduced the overall height of the barrier to 940cm.

The inquest has heard that the building code is not prescriptive but BIA-approved "acceptable solutions" give builders a minimum barrier height (1m) as a means to comply with the code.

However, the inquest was told that building code compliance could be achieved in many ways, including using an alternative solution such as width compensating for height.

The Gardner family say the barrier from which Danial fell was not an alternative solution and was required to be at least 1m high.

A former Auckland City Council employee who signed the code compliance certificate yesterday said he was not advised the barrier was lower than required in the building consent.

Roger Cartwright, former team leader of the council's building inspectors, said the barrier satisfied the performance requirements of the building code.

Gardner family lawyer Margeurite Vujcich asked how he concluded the barrier complied with the building code when it formed the edge of a crowd occupancy with a 15m drop.

Mr Cartwright said he did not take part in the formal inspection process.

He said the barrier was not 1m high but the council was seeking to comply with the building code.

"There is no specific height mentioned in the building code."

Mr Cartwright said the building code took priority over conditions set by the council when it came to inspecting the barrier.

Ms Vujcich: "What is the purpose then, of the territorial authority attaching conditions to a building consent?"

Mr Cartwright said it would be the builder's job to ensure the building had been constructed in accordance with the plans which obtained building consent. The building inspector was required to measure compliance against the building code, he said.

Coroner Murray Jamieson asked Mr Cartwright if Danial's death might have been prevented.

"In hindsight, I think a higher barrier or a barrier that perhaps wouldn't encourage people to sit on would have certainly gone a long way to preventing the tragedy. But I understand that the BIA is looking at the appropriate amendments that relate to more controls for barriers, and I support that."