Construction firms charged
No permits for work at Rocky Mountain Court
Five companies have been charged under the Safety Codes Act of Alberta after the city said a downtown parkade repair jeopardized public safety.
The companies involved in the Rocky Mountain Court case narrowly escaped more severe financial penalties the province is bringing into effect next spring.
In June 2011, the city discovered what it deemed to be negligent resurfacing repairs on the level 2 parkade at the condo and business plaza, at 221 6th Ave. S.E.
No permits had been obtained for the construction work, the city said.
The unsafe conditions prompted the city to order the building vacated, closing shops, restaurants and the parking garage after unpermitted repairs threatened the stability of the downtown condo highrise.
On Tuesday, five companies were charged with seven counts of violating the Alberta Building Code: the condominium owners for Rocky Mountain Court, Maverick Condominium Property Management, Williams Engineering, Durwest Construction Systems and Champion Concrete Cutting.
“We are extremely disappointed that such a routine renovation went so wrong,” said Kevin Griffiths, the city’s chief building official.
“From the start, public safety was disregarded and that is unacceptable. The city will continue to take legal action where unsafe conditions exist.”
The work created an unsafe condition compromising the structural integrity of the parkade, he said.
“It placed public safety at a high risk by failing to notify the owners, the businesses, the public and the authorities that faulty construction work undermining the structural integrity of the parkade had occurred,” said Griffiths. The charges include:
Causing damage to the second floor of the parkade of Rocky Mountain Court during renovations;
Failure to notify the businesses, employees and the public beneath the compromised parkade;
Failure to notify the authorities;
Failure to ensure the structure that was damaged was properly supported underneath to prevent collapse;
Failure to obtain the proper permits prior to commencing work, and
Failure to prevent the public from accessing the parkade and businesses after structural damaged occurred.
The condominium owners were also charged for not having proper work permits, and failing to give notice to authorities on the date the work was carried out.
The city has about half-a-dozen other building-code violation cases before the courts.
Last Tuesday, the province intro- duced Bill 6, which hikes fines and introduces a number of new penalties under three provincial safety and consumer protection laws. The changes are expected to take effect in May 2013.
The changes mean fines for Safety Codes Act violations jump to a maximum of $100,000 for first-time offences, up from $15,000. For repeat offenders, the fines will increase to $500,000.
The province also wants to be able to ticket employees for safety violations — at a significantly smaller but undetermined amount.
The August 2009 death of threeyear-old Michelle Krsek, who was killed by a steel bundle that fell from a downtown work site, ushered in many safety changes.
Two construction companies were each fined the maximum $15,000 in that case. A judge called the safety-code penalty “woefully inadequate.”
In response, the city last spring toughened requirements, forcing building developers to submit public protection site safety plans to be awarded building permits.
The new requirement applies to construction projects that are five storeys or greater.
City officials said companies must take responsibility for ensuring they maintain safe conditions for workers, visitors and the public.
The city also noted building owners are responsible for ensuring contractors have obtained the required permits prior to commencing work.