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What is NYC BC § 3304.4.4?

Quick Answer

This section mandates that all open edges of excavations deeper than 6 feet must be protected by a guardrail system or solid enclosure. Exceptions apply under certain conditions regarding toeboards, access, side slopes, and alternative protective measures. Applies to construction sites and excavation operations.

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

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3304.4.4 Guardrail system.

BC § 3304.4.4

All open edges of an excavation that are 6 feet (1829 mm) or greater in depth shall be protected by a guardrail system meeting the requirements of Sections 3308.7.1 through 3308.7.5, or by a solid enclosure at least 3 feet 6 inches (1067 mm) high. For the purpose of a guardrail system installed in accordance with this section to protect the open edge of an excavation, the term "floor" in Sections 3308.7.1 through 3308.7.5 shall mean "ground." Exceptions: 1. A toeboard is not required where the sheeting, shoring, bracing, or any other support of excavation extends at least 3 1/2 inches (89 mm) above the top of the excavation.

2.A guardrail system or a solid enclosure is not required where access to the adjoining area is precluded.

3.A guardrail system or a solid enclosure is not required where side slopes are three horizontal by one vertical (33-percent slope) or flatter.

4.In lieu of a guardrail system, wells, pits, excavation shafts, or similar excavations may be protected by an adequate cover capable of supporting, without failure, at least twice the weight of persons, equipment, and materials that may be imposed on the cover at any one time, or where located in roadways and vehicular aisles, at least twice the maximum axle load of the largest vehicle expected to cross over the cover. The cover shall be secured when installed so as to prevent accidental displacement by the wind, equipment, or persons, and shall be color coded or marked with the word "HOLE" or "COVER" to provide warning of the hazard.

5.The edges of ramps shall be protected in accordance with Section 3315. (Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/077.

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