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What is NYC BC § 3309.4?

Quick Answer

This section mandates that any person conducting soil or foundation work must protect adjoining structures from damage during the process. If a license is not granted for inspection, the responsibility to protect adjacent property falls to the owner of that property. Applies to individuals and property owners involved in construction activities affecting neighboring sites.

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

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3309.4 Soil or foundation work affecting adjoining property.

BC § 3309.4

Whenever soil or foundation work occurs, regardless of the depth of such, the person who causes such to be made shall, at all times during the course of such work and at his or her own expense, preserve and protect from damage any adjoining structures, including but not limited to footings and foundations, provided such person is afforded a license in accordance with the requirements of Section 3309.2 to enter and inspect the adjoining buildings and property, and to perform such work thereon as may be necessary for such purpose. If the person who causes the soil or foundation work is not afforded a license, such duty to preserve and protect the adjacent property shall devolve to the owner of such adjoining property, who shall be afforded a similar license with respect to the property where the soil or foundation work is to be made.

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