Unprotected openings and fall exposure: NYC DOB BC 3301.2,27-1009(A) / OATH summons 35685985X

Original inspector allegation — verbatim available export

FAILURE TO INSTITUTE/MAINTAIN GUARDRAILS. AT TIME OF INSPECTION, NO GUARDRAILS WERE PROVIDED AT EXPOSURE 3 OF THE BUILDING. REMEDY: PROVIDE GUARDRAILS.

Source limit: Source reference: NYC OATH/DOB summons 35685985X; BIN 1010670; export issue date 06/18/2025. The earlier export status was ACTIVE; obtain current status from DOB or OATH. The CSV contains a respondent mailing address, which is not presumed to identify the inspected property. This is the entire description available in the supplied export, not a certified full summons, inspector notes or evidentiary exhibits. The export field may still omit pages, attachments or context contained in the actual summons.

Get the complete, authentic notice: search summons 35685985X in OATH Summons Finder instructions (download actual summons) and download the actual summons; review DOB records in NYC DOB records search. Never substitute the editorial discussion below for the inspector’s words.

Charge classification: law controls; keywords do not

Recorded citation: BC 3301.2,27-1009(A); recorded infraction: 115. Primary legal issue: construction site safety and protection. Interpretive issue: Building Code provision, edition-specific. The cited Building Code provision is a technical construction/safety rule. The abbreviated dataset label does not supply the full legal elements.

What must be tested: Retrieve the actual section in the applicable code edition, scope of work and any cross-referenced administrative/technical requirements before selecting an approach.

Possible exceptions and legal limitations: Exceptions and thresholds are section-specific; no permit or repair exemption is presumed merely from this reference. Eligibility is not established merely because the excerpt uses a word such as “repair”, “permit”, “cellar”, or “occupied”. Refer to NYC DOB construction codes.

Specific conditions mentioned in this inspector wording

Inspector wording mapped to testable facts

Passage 1 — FAILURE TO INSTITUTE/MAINTAIN GUARDRAILS.

This recorded passage identifies a question about unprotected openings and fall exposure, not a proven final determination. Map each floor/edge/opening, measure sizes and working levels and evaluate the applicable guard, cover, signage and worker-access safeguards. A generic jobsite safety plan does not prove the named opening was protected at the offense date.

Passage 2 — AT TIME OF INSPECTION, NO GUARDRAILS WERE PROVIDED AT EXPOSURE 3 OF THE BUILDING.

This recorded passage identifies a question about unprotected openings and fall exposure, not a proven final determination. Map each floor/edge/opening, measure sizes and working levels and evaluate the applicable guard, cover, signage and worker-access safeguards. A generic jobsite safety plan does not prove the named opening was protected at the offense date.

Passage 3 — REMEDY: PROVIDE GUARDRAILS.

This recorded passage identifies a question about unprotected openings and fall exposure, not a proven final determination. Map each floor/edge/opening, measure sizes and working levels and evaluate the applicable guard, cover, signage and worker-access safeguards. A generic jobsite safety plan does not prove the named opening was protected at the offense date.

Identifiers, locations, measurements and chronology to verify

Identified building exposure: 3

Use a labeled elevation/key plan and matching photos so findings relate to the correct building face.

Case-specific correction decision tree

Branch A — physical or documentary defect persists: evaluate risk and the controlling technical text, then select correction. Branch B — it was already compliant on the cited date: marshal contemporaneous approved records and site evidence. Branch C — scope, code edition or identification is wrong: prepare a fact-by-fact comparison to the actual summons and cited regulation before advancing a defense or revised filing.

First targeted evidence collection: Floor-by-floor key plan, opening measurements, edge/cover installation photos and site safety inspection logs. This is an investigative request, not a claim that the work or evidence already exists.

Editorial closure of the shortened allegation — NOT source text

The visible description does not show the same clear character-limit truncation flag, but additional pages or attachments may still exist. No editorial sentence is treated as part of the inspector’s wording.

Response, certification and closing evidence

A hearing defense, correction of the underlying condition, a DOB AEU Certificate of Correction and payment of an imposed penalty are distinct questions. Retrieve the summons and confirm the OATH hearing or outcome and DOB violation status. Under current DOB guidance, Certificate of Correction review requests are made in DOB NOW: Safety → Violations & Notices of Deficiency; submitter/certifier signatures and evidence requirements are case-specific. Refer to Certificate of Correction instructions.

Source record limitations: The dataset does not authenticate who inspected the property, why inspection started, whether a defense succeeded, which contractor made repairs or whether AEU later accepted a correction. Do not turn this example into a claimed client success story or an invented inspection history.

Primary authority and fact-check links

• OATH Summons Finder instructions (download actual summons) — enter summons 35685985X and obtain the signed notice.
• NYC DOB construction codes — verify law wording and any exception.
• BIS / DOB NOW record limitations — older BIS violations may not be in DOB NOW.
• Certificate of Correction instructions — review current COC procedure, signatures and evidence.

Related library and official records

• Read NYC law section BC 3301.2,27-1009(A)
• OATH code 115
• All enforcement examples

Official sources: Search DOB records · DOB summonses · Certificate of Correction FAQs · OATH hearing options · Construction codes