Unit block builder blames death and injury on students’ jump from fire

Seven years after a Chinese student died and another was injured jumping from a burning Bankstown high-rise, the builder is blaming the young women for not running out the front door.

• Sprinklers could have saved Connie Shang in Bankstown fire
• Student died falling from window to escape blaze

Seven years after a Chinese student died and another was seriously injured jumping from a burning Bankstown high-rise, the builder is blaming the young women for not running out the front door.

Pingkang “Connie” Zhang died when she jumped or fell from a fifth floor window of the Euro Terrace at Bankstown to escape a fire that ripped through a unit on September 6, 2012.

Pingkang Zhang and Yinuo Jiang climbed out the window of their flat before jumping to escape the fire. Picture: ABC News

Yinuo “Ginger” Jiang survived the jump from the same window but shattered her legs and hips, leaving her wheelchair-bound.

Their families and Ms Zhang’s boyfriend are suing the builder, developer, a fire safety company, the real estate agent and the owner of the unit.

Deputy NSW coroner Hugh Dillon had found Ms Zhang’s death could have been prevented if the unit block’s developer had installed a sprinkler system.

However court documents filed in the NSW Supreme Court by builder Silky Constructions Pty Ltd in February claimed the women did not deserve compensation because they did not leave the burning unit.

“Rather than leaving the apartment through the front door, Ms Zhang entered another bedroom in the unit usually occupied by Terry Li,” the statement of defence read. “Ms Jiang also entered the bedroom.

“The plaintiff climbed out of the bedroom window onto a ledge. The plaintiff then jumped or fell from the ledge onto the roof of a restaurant below.”

Pingkang Zhang died.

Survivor Yinuo Jiang.

A firefighters surveys the damage after the fire.

The location of the fifth floor window.

The statement of defence filed by the building certifier claimed Silky Constructions changed the plan to avoid installing sprinklers.

Building certifier Barry Ian Johnson said in the statement the height of the building was modified to ensure sprinklers didn’t have to be installed.

“(He) admits that during the construction of the development, the Silky Constructions altered the construction plans to lower the height of levels 5, 6, 7, 8 and 9 of Tower B at the development by 20mm each in order to reduce the risk that the effective height of the ‘as built’ development would exceed 25m,” Mr Johnson’s statement of defence said.

The body corporate claimed the strata manager should have ensured the building met fire safety guidelines after receiving an order by Bankstown City Could four months before the incident.

“(Body corporate) relied on its strata manager, HW Realty Pty Ltd, to bring the orders to its attention,” the body corporate’s statement of defence reads.

The Bankstown apartment block where in Connie Zhang died. Picture: Jonathan Ng

In its defence HW Realty Pty Ltd claimed it notified the body corporate and engaged a fire safety contractor, NSW Fire Extinguisher Services, to complete a report.

NSW Fire Extinguisher Services claimed it shouldn’t pay compensation because it completed its report and fulfilled its obligations.

“(The company) carried out inspections of Automatic Fire Detection and Alarm Systems, Occupant Warning Systems, Sprinkler System Interfaces, Stair Pressurization Systems and Carpark Supply and Exhaust Systems, and Fire Extinguishers and Fire Hose Reels,” its statement for defence reads.

“It reported to HW Realty Pty Ltd (on July 12, 2012) in relation thereto; provided relevant advices, and with its mandate and information supplied under the agreement with the HW Realty Pty Ltd to perform the said inspection.”

Originally published as Unit block builder blames death and injury on students’ jump from fire