A cost cutting
developer with little regard for safety and incompetent strata management have
been partly blamed for the death of a Chinese student who leapt five floors
from her burning flat.
Had the building in
which Connie Zhang lived been 10 centimetres taller, it may very well have had
the sprinklers that could have saved her life.
Deputy State Coroner
Hugh Dillon criticised building regulations and the local council, as well as
developer Ray Finianos who built the Sydney block 10 centimetres short of the
25-metre threshold which requires sprinkler systems to be installed in
properties.
In handing down his
findings into Ms Zhang's death on Friday, Mr Dillon found she could still be
alive if sprinklers had been installed at the Bankstown building.
'The most effective
fire safety measure in any building housing multiple occupants is a fire
sprinkler system,' Mr Dillon said.
'Had such a system been
installed it is almost certain that Connie would not have perished.'
While describing Mr
Finianos as 'cost conscious', Mr Dillon also said regulations aimed at ensuring
the building was constructed to strict standards failed.
'In part the failures
were caused by the fact that the Bankstown City Council section responsible for
following up safety orders was under-resourced; in part by what appears to have
been lax or incompetent management by the strata agent; and in part by what
appears to have been an insouciant attitude to fire safety on the part of the
developer,' he said.
During the inquest, Mr
Finianos denied he had shaved a few centimetres off the building's height to
ensure it did not exceed an effective height of 25 metres in order to avoid the
cost of installing sprinklers.
'While his evasive
answers on this topic did little to enhance his credibility as a witness, it is
difficult to be critical of a developer merely for complying with a rule that
will save costs. The real issue here is the rule itself,' Mr Dillon said.
If sprinklers were
present, temperatures would have been kept at a survivable level and the
synthetic furniture thought to have fuelled the fire would likely not have
ignited.
Mr Dillon has
recommended that sprinklers be installed in all new shared residential
buildings - such as the one Ms Zhang lived in - regardless of height.
He's also recommended
authorities research ways to lower the cost of installing sprinklers, improve
research to assist fire-safety policies, formalise accreditation for fire
safety inspectors and issue annual safety statements, among other measures.
'It is critical that
adequate measures are taken, and taken now,' Mr Dillon said.
The fire broke out on
the balcony of the unit, probably sparked by a cigarette smoked by Ms Zhang's
flatmate Jason Zeng.
Ms Zhang and her
friend Ginger Jiang were soon trapped and retreated to a bedroom.
The women climbed
through a window and on to a ledge as the fire's temperature increased to at
least 600 degrees.
'The aluminium frame
on the window was melting and burning (Ms Jiang's) arm,' Mr Dillon said.
Both then jumped from
the ledge.
Ms Zhang died on
impact from multiple injuries.
Ms Jiang survived but
was hospitalised and now suffers long-term disabilities.
Ms Zhang was an only
child and her parents 'remain tormented' by her death.
'If fire sprinklers
had been installed, Connie Zhang would be alive today,' the family's lawyer
David Evenden said.
Mr Finianos said his
company has always 'built to the standards required by the Building Code of
Australia'.
'This development, as
with all our buildings, was constructed in accordance with these standards
seeking all relevant approvals and expert advice to ensure it met safety
requirements.'
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