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What is NYC BC § 3309.4.4?

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This section outlines the monitoring requirements during excavation work, specifying that buildings within a certain distance from the excavation edge and historic structures nearby must be monitored. An exception exists for shallow excavations under specific conditions. Applies to building owners conducting excavation activities.

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

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3309.4.4 Monitoring.

BC § 3309.4.4

During the course of excavation work the following shall be monitored in accordance with Section 3309.16: 1. Buildings that are within a distance from the edge of the excavation that is equal to or less than the maximum depth of the excavation.

2.Historic structures that are contiguous to or within a lateral distance of 90 feet (27 432 mm) from the edge of the lot where an excavation is occurring. Exception: Monitoring is not required for excavations to a depth of five feet (1523 mm) or less, provided: 1. The excavation occurs more than 5 feet (1524 mm) from all footings and foundations; or 2. Where the excavation occurs within five feet (1524 mm) or less from a footing or foundation, such excavation does not occur below the level of the footing or foundation.

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