Summons 39558509Z — Construction-site safety
Normalized lookup key: 039558509ZWhat DOB alleges
DOB alleges a construction-site safety or safeguarding deficiency. The inspector's description specifically references excavation and exposure 2.
Specific record details: excavation, exposure 2.
Full violation description from the source extract
AT TIME OF INSPECTION I OBSERVED EXCAVATION BEING CONDUCTED. OBSERVED FAILURE TO SAFEGUARD PEDESTRIANS AND ADJACENT PROPERTIES AT EXP 2 & 4 AT TIME OF INSPECTION I OBSERVED DAMAGES TO PROPERTY AT EXP 2 AND NO P
- Issue date
- August 28, 2026
- Served date
- August 28, 2026
- Source violation type
- Construction
- Severity
- CLASS - 1
- Hearing status in source extract
- PENDING
- 109 — BC 3301.2,27-1009(A) FAIL TO SAFEGUARD PERS/PROPERTY AFFECTED BY CONSTRUCTION OP
Record-specific focus: Before choosing a correction or hearing strategy, verify the source allegation concerning observed EXCAVATION BEING CONDUCTED. OBSERVED FAILURE TO SAFEGUARD PEDESTRIANS AND ADJACENT PROPERTIES AT EXP 2 & 4 AT TIME OF INSPECTION I OBSERVED DAMAGES TO PROPERTY AT EXP 2 AND NO P.
What this violation means
This summons concerns construction-site safety, safeguarding or required temporary protections/documents. These cases are highly fact-specific because the cited condition usually relates to a particular phase of construction and location.
What may be required to correct the condition
The cited safety condition should be corrected immediately and checked against the approved site-safety/temporary-construction documents. Depending on the allegation, the responsible contractor, construction superintendent, site safety manager/coordinator, or design professional may need to document the correction.
What the OATH hearing may involve
Dated site photographs, approved safety drawings, logs, daily reports, permit status and records identifying the construction phase can be important at the hearing.
Possible defenses or factual issues worth investigating
Identify the exact construction operation, exposure/location, responsible permit/site-safety roles, and what approved protection was required at the time. Compare the inspector's description with contemporaneous site records.
Documents and evidence that may be useful
- site-safety plans and temporary-construction drawings
- daily logs and inspection reports
- dated photographs/video
- permit and superintendent/site-safety records
- proof of correction/reinspection