Lessons learned from Elliot Lake mall collapse

Commissioner Paul Belanger’s report on the Elliot Lake inquiry calls for extensive changes to Ontario’s building inspection system on all fronts, after testimony showed the roof collapse that killed two women, leaving a community shattered, was the result of years of neglect and “human failure.”

More than 70 recommendations were given in his report, with representatives from both Professional Engineers Ontario (PEO) and Consulting Engineers of Ontario (CEO) praising his suggestions. They are now looking to the province to implement some changes.

The commissioner’s report starts off with a short, simple, but telling message.

"We will not forget the people of Elliot Lake. I have no doubt that the resilience this city has shown so many times before in its short boom-and-bust history will help it to pick up the pieces from this tragedy."

While the events of June 23, 2012 can never be forgotten, especially the lives Doloris Perizzolo and Lucie Aylwin, who were killed after a portion of the rooftop parking deck at the Algo Mall crashed onto the two floors below, Belanger’s report shows many lessons can be learned from the disaster. He states rust may have caused part of the building to come down, but the real reason behind the incident was multiple people turning a blind eye to obvious problems.

Among Belanger’s recommendations was the call for a province-wide minimum maintenance standard for buildings like the Algo Mall, and that information about a building’s condition is easily accessible and understandable for owners, the public and potential buyers.

He also stated buildings should be inspected by properly qualified structural engineers and that these inspections should occur when a building is sold, or more frequently when deemed necessary.

This is something PEO states is of utmost importance. As the regulator of professional engineering in the province, PEO requested and was given standing in the first phase of the Elliot Lake inquiry. This allowed the PEO to provide recommendations that applied to the legislation, regulations, standards and codes in relation to engineering. Almost all of 11 recommendations put forth by PEO were endorsed by Belanger, says PEO Councillor Chris Roney, who serves as spokesperson for the association’s Elliot Lake Advisory Committee.

"As soon as the tragedy occurred, PEO certainly geared up and took an interest in seeing what we could learn from what happened in how we regulate the practice of professional engineering," he says.

"So we were involved from the start. We formulated the recommendations by examining what was learned through the testimony during the inquiry."

Some of the recommendations pertaining to engineers include, developing a new performance standard for structural inspections of existing buildings; mandating that a "Structural Adequacy Report" of existing buildings be prepared and sealed by professional engineers who are certified as structural engineering specialists; that a system be established where PEO mandates continuing professional education for its members; and that additional information about PEO practitioners disciplined for professional misconduct be released.

"When investigating the structural condition of an existing building, we found, and the testimony suggested, that there was a lot of influence over the scope and the thoroughness of some of those investigations," Roney adds.

"There was influence by the owners who had a vested interest…there was a lack of sharing of that important information with subsequent engineers and professionals that were involved in it. There was also the concern about the people that were carrying out these investigations to these existing buildings…this requires a high degree of experience and specialized skill. The evidence suggested some of the people that carried out that work didn’t have those skills."

On top of reviewing the commissioner’s report, PEO continues to investigate whether work done by PEO licence holders related to the Algo Mall was performed in compliance with the Professional Engineers Act, and other applicable statutes, regulations, standards, codes, bylaws and rules.

According to the report, the commissioner criticized Robert Wood, the engineer who signed off on the condition of the mall weeks before it collapsed, calling his work and conduct "markedly inferior." Wood faces criminal charges in relation to the incident.

Belanger’s findings state that almost from the day the Algo Mall was built in 1979 the roof leaked, to the point where some residents were even calling it "Algo Falls." Tarps and buckets were commonplace, he reports. Over the years there were many complaints about the leaks and falling pieces of ceiling.

The roof collapse that killed two and injured 19 was the result of a sudden failure of a connection between one beam and one column of the steel substructure below the parking deck of the mall. Tons of concrete, mangled steel, drywall, glass and one vehicle came crashing down.  Corrosion of the connection occurred because of the continual flow of water and chlorides from the parking deck, the report explains.

Six days after collapse then Premier Dalton McGuinty announced that an independent public inquiry would be held.

The mall’s entire history was filled with "failures" the inquiry shows. Municipal authorities ignored or didn’t properly enforce property standards bylaws, some Ministry of Labour (MOL) employees "never treated the leakage situation with much interest and concern," and some structural engineers failed to inspect the mall properly, often drafting reports "more with an eye to pleasing clients than proposing effective solutions or warning of potential dangers."

What’s more, over the years various owners of the mall "chose cheap and ineffective repairs or opted to sell the Mall when faced with significant repair bills. They actively concealed their knowledge of the parking deck’s condition from the City and from subsequent purchasers. The last owner (Eastwood Mall Inc.) actively misrepresented the repair work it engaged in and resorted to subterfuge and falsehood to mislead authorities, tenants, and the public," Belanger writes.

In his recommendations, the commissioner makes it clear standards should be enforceable in a simple and practical way where public authorities are "accountable for the decisions they make and the actions they take." Those who are given the authority to meet these standards, like engineers and municipal building officials, should be appropriately trained and should communicate better with the MOL about issues relating to public safety standards.

PEO, CEO and the Ontario Building Officials Association (OBOA) were all on board with Belanger’s suggestions.

"In particular, we applaud the Commission’s overall conclusion that municipal building officials should be appropriately trained and certified," says OBOA President Mike Seiling in a press release. "We support the Commission’s recommendation that the Building Code Act be amended to require mandatory continuing education for such officials, and that they be recognized as fully independent in carrying out their responsibilities."

The OBOA was granted standing and participated in the inquiry as well.

"We’re quite happy with what we see. We don’t have a problem with anything," says Barry Steinberg, chief executive officer of CEO. "Clearly there were some missteps here (at the mall). I think the new regime will make owners more responsible. It’ll make inspectors more responsible to ensure that there’s a strong transparency. But I think the bottomline is this; that the system failed us and the system failed two women who passed away and their families. It’s tragic the system failed us and we have to learn from that."

But both Steinberg and Roney are quick to point out the provincial government ultimately has the say when it comes to what’s implemented.

"This is a report with recommendations and the true reality of life will happen when the premier and/or her cabinet make a decision as to the extent to which they actually accept those recommendations," Steinberg explains. "Really, what’s important is the adopting of those recommendations by government. Then there’s the implementation. It’s critically important that we, as CEO, and also the engineering community be part of that implementation process and not just as it applies to engineers. A full consultation with stakeholders (should) occur. It’s important to get the input of everybody. I think it’s something we need to talk about."

"Some (recommendations) may be challenging to implement," adds Roney. "Some may have costs associated with them, say for building owners. We do see though the rationale behind each and every one of them, particularly when you view through the lens of what happened at Elliot Lake. There’s absolutely no doubt of the gravity of the tragedy that occurred there."

Roney adds PEO is already working with the Ministry of the Attorney General’s office when it comes to these recommendations to see what can be done.

"We can only go so far. We can’t give anything the force of law without the government’s concurrence," he states. "We’re already well on the way in laying the groundwork."

According to the Ministry of the Attorney General, Ontario has already committed to acting on several recommendations when it comes to addressing future safety needs and emergency response measures.

An advisory panel will be established to determine the appropriate classes of buildings, grouped by risk, and the consequences of failure. Stakeholders and municipal partners will be included in the consultations. MOL inspectors will also receive more "comprehensive training on issues related to structural soundness, water-tightness and building safety." Most of the recommendations pertaining to engineers are also being carried out, with help from PEO.

For Roney this tragedy is something that future generations need to learn from, so that it doesn’t happen again.

"I think that it should be a mandatory text for all engineering students to read," he says. "I think it would be very, very useful reading for all of them, because it reminds engineers of their core and fundamental morals and duties and what can go wrong when you forget about that ethical foundation of the profession."

Follow Lindsey Cole on Twitter@DCN_Lindsey