At 5 inches, the gap between vertical slats on a hotel balcony from which a child fell to his death Sunday meets building codes, but the spacing is based on an outdated standard not used in new construction since 1997, city building records show.

Three-year-old Samuel Shpigler squeezed through the slats on the lanai of his parent's Hilton Hawaiian Village hotel room and fell eight stories, according to a family statement on Monday. Yesterday, his parents, David and Lauren Shpigler, would not comment on the accident.

Samuel had been left unattended with his 4 1/2-year-old sister and 6-year-old brother, according to police.

An autopsy yesterday determined the cause of death for the Montebello, N.Y., child was "multiple internal injuries due to a fall from a height" and was deemed accidental, said Dr. William Goodhue, of the Honolulu medical examiner's office.

But Goodhue said his investigation into the death is not complete and he planned to meet with the Shpiglers and revisit the lanai. Goodhue said he wants to investigate "certain details relating to the infant's fall," but would not elaborate.

"We are going to check our measurements," is all Goodhue would say on the issue.

The 5-inch gap between slats would not be allowed under new construction, but is legal because it complied with city building codes when the slats were installed, said Henry Eng, director of the city's Department of Planning and Permitting.

Current building codes require the slats on high-rise railings to be no farther apart than 4 inches, Eng said.

The slats on the Ali'i Tower, where the Shpigler family was staying, were installed when the building was renovated in 1987 and followed the 5-inch spacing that was legal at the time, Eng said. Building owners are not required to update railings with a narrower gap until they renovate, Eng said.

"Unless a new law specifies retroactive compliance when standards change, the standard that was in effect at that time applies," Eng said.

When the tower was built in 1956, the spacing between slats could be up to 9 inches wide.

The spacing was changed to up to 5 inches in 1970 and up to 4 inches in 1997.

A 4-inch gap is part of a uniform standard used nationwide, Eng said.

The railing construction, which includes a guardrail no lower than 42 inches, was approved by the city, but inspectors rarely have time to return years later to be sure everything is still up to code, Eng said.

"Because of limited manpower we will only investigate when there is a specific inquiry or complaint and check out the situation," Eng said. "But we are physically not able to do sweeps to determine this."

A decision to inspect railings at the Ali'i Tower would not be made until after Hono-lulu police complete their investigation into the incident, Eng said.

"We may or may not do this," he said. "I am not certain at this point."

Honolulu police Lt. Bill Kato yesterday said that unless the medical examiner finds something unusual, the case will likely be closed as an accidental fall.

A hotel official yesterday declined comment.

"The investigation is being handled by the authorities and we have nothing further to say," said Dara Young, spokeswoman for the Hilton Hawaiian Village.

Reach Mike Gordon at mgordon@honoluluadvertiser.com.