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DOB violation · Class 1

B109 — Construction site must ensure safety for all

Issued under BC 3301.2. Standard penalty $10,000 · default $25,000.

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Quick Reference for B109

Class

Class 1

Penalty

$10,000–$25,000

Options:Hearing required
BC 3301.2

What you need to know about BC 3301.2

This code applies to the requirement of safeguarding individuals and property during construction activities. The Department of Buildings issues it when there is a failure to implement necessary safety measures at a construction site. Owners often see this in situations where proper barriers, signage, or protective equipment are lacking. Ensuring safety is critical to prevent accidents and injuries. Applies to building owners and operators involved in construction projects.

What are the penalties for B109?

Penalties for B109 vary by scope, severity, and repeat history.

Std
$10,000
Default
$25,000
Agg I
$25,000
Agg II
$25,000

Statute summary

What this statute means

B109 cites 1 section of law. Here is what each one requires.

Building Code

1 section

How do I fix or dismiss B109?

  1. Stop the violating condition immediately.
  2. File to legalize or restore as required.
  3. Obtain approvals/permits; schedule inspections.
  4. Bring proof of correction to OATH.

Can I cure B109 without a hearing?

No, B109 violations cannot be cured without a hearing. You must attend to resolve this matter.

What are the deadlines and next steps?

Act before the hearing date to minimize penalties and preserve defenses. Contact us for a free case review.

Guides:DOB•Default•Correction
FAQ

Verified: May 2026Penalty schedule: December 2025

Free case review

Have a B109 summons in hand?

Default penalties on B109 can reach $25,000. Free 15-minute case review — we handle DOB violations directly with the attorney on your case.

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