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What is NYC BC § 3303.13.3?

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This section mandates that open excavations must be filled and graded to remove hazards if work is interrupted for at least three months. The fill must be clean and noncombustible, ensuring proper drainage and foundation protection. Applies to building owners managing excavation sites.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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3303.13.3 Filling and grading.

BC § 3303.13.3

Where work has been interrupted or abandoned and discontinued for a period of at least three months, all open excavations shall be filled and graded to eliminate all steep slopes, holes, obstructions or similar sources of hazard. Fill shall consist of clean, noncombustible material. The final surface shall be graded in such a manner as to drain the lot, eliminate pockets in the fill, and prevent the accumulation of water without damaging any foundations on the premises or on adjoining property. Exception: Filling and grading is not required for abandoned, discontinued, or interrupted excavations that are: 1. Secured in accordance with Section 3303.13.2, and 2. Inspected periodically by an engineer to verify continued stability of the excavation, with a record of such inspections signed, sealed, and dated by the engineer.

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