A fatal accident inquiry into the death of a toddler who fell nearly five metres from a first-floor office balcony has recommended a further tightening in building laws.
Ben McCreath, who was 21 months old at the time, died from head injuries after he slipped through a gap in glass panelling on a balcony at the Princes Exchange building in Edinburgh. He was at the offices with his mother, who worked part-time for a law firm in the building. In her determination, Sheriff Mhairi Stephen called for a further review and amendment to the Technical Standards Handbook for compliance with Scottish building standards regulations.
Currently, the so-called 100mm rule (revised in 2007), requires that in and around non-domestic buildings “where the presence of children is anticipated”, gaps in any protective barrier should not be large enough to allow a 100mm diameter sphere to pass through. This is designed to prevent a child’s head from going through any gap. Now Sheriff Stephen wants to see the 100mm rule extended to all non-domestic buildings — not just those where children may be present — to promote certainty, clarity and safety.
“That should be the default setting and designers/architects/developers and their agents would require to show exceptional circumstances to allow any relaxation to that rule,” she said. Sheriff Stephen added that Ben’s mother Louise McCreath could not have been expected to be aware of the hazard presented by the gap, even if she had noticed it.
“Children pull away, wriggle and explore. Louise McCreath was in a familiar environment. She, along with the rest of the Princes Exchange community, were unaware of the gap,” she said. In England, Wales and Northern Ireland, the relevant handbooks refer to the 100mm provision where buildings are likely to be used by children under five years. Sheriff Stephen makes the point that any alteration to the rule in Scotland will lead to a deviation in practice compared to the rest of the UK.
