Charges laid in case of deadly falling debris

The developer and builders of a downtown Calgary highrise whose roofing material blew off and killed a girl on the street below have been charged with violating the Alberta Safety Codes Act.

The building owner, Germain Residences Ltd., the general contractor, Grenville-Germain Calgary Limited Partnership, and the subcontractor, Flynn Canada Ltd., have all been charged with one count each of allowing an unsafe condition, the City of Calgary announced Friday.

Michelle Krsek, 3, was killed instantly on Aug. 1 when she was struck by a piece of corrugated metal more than three metres long that strong winds blew from the top of an 18-storey building under construction at 112 Ninth Ave. S.W.

She had been walking with her family. Her father and brother, 7, were also injured.

The city, citing a section of the Alberta Building Code, accuses the defendants of  "causing, allowing or maintaining an unsafe condition, namely the storage, placement, installation, or disposal of materials at the said building in such a manner that could endanger the life, limb, or health of any person who was expected to be about said building."

If found guilty, the companies face a jail sentence of up to six months for a first offence.

The charges come after an investigation by the city's building regulations division.

"The city has the authority to enforce the Safety Codes Act where infractions occur," said Kevin Griffiths, Calgary's chief building officer, in a news release.

"The Act clearly indicates that it is owners, contractors and subcontractors who are responsible for safety in and around their construction sites."

The accused are scheduled to appear in court on Nov. 4.