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the Minnesota Building Code related to public safety. <br />My concern is that building officials may only evaluate conditions within the construction site itself, <br />without considering safety impacts in off -site, public areas that are being used for staging, loading, <br />or other construction -related activities. <br />Construction sites and heavy machinery are "attractive nuisances." An "attractive nuisance," is a <br />legal doctrine used in civil liability cases but is not specifically called out in Minnesota Statutes or <br />rules. Nevertheless, there is case law Minnesota where this is defined (see below). <br />Section 3306 of the 2015 MN Building Code (https://codes.iccsafe.org/content/MBC2015/chapter- <br />33-safeguards-during-construction) deals with requirements for safety barriers and protections at <br />construction sites, including provisions to protect pedestrians from hazards posed by nearby <br />construction activities. Section 3308 deals with the temporary storage of materials used for <br />construction. <br />MN BUILDING CODE - SECTION 3306 - PROTECTION OF PEDESTRIANS <br />3306.1 Protection required. Pedestrians shall be protected during construction, remodeling <br />and demolition activities as required by this chapter and Table 3306.1. Signs shall be provided <br />to direct pedestrian traffic... <br />3306.3 Directional barricades. Pedestrian traffic shall be protected by a directional <br />barricade where the walkway extends into the street. The directional barricade shall be of <br />sufficient size and construction to direct vehicular traffic away from the pedestrian path. <br />3306.4 Construction railings. Construction railings shall be not less than 42 inches (1067 <br />mm) in height and shall be sufficient to direct pedestrians around construction areas. <br />3306.5 Barriers. Barriers shall be not less than 8 feet (2438 mm) in height and shall be <br />placed on the side of the walkway nearest the construction. Barriers shall extend the entire <br />length of the construction site. Openings in such barriers shall be protected by doors which <br />are normally kept closed... <br />3308.1 Storage and handling of materials. The temporary use of streets or public property <br />for the storage or handling of materials or of equipment required for construction or <br />demolition, and the protection provided to the public shall comply with the provisions of the <br />applicable governing authority and this chapter. <br />Attractive Nuisance Case Law: <br />There is considerable case law regarding "attractive nuisance" in Minnesota. I believe if the County <br />and the City of Orono allows heavy equipment operation in a recreational area used by children and <br />families they are a significant risk of a lawsuit. Most case law cites Mn Supreme Court Case: <br />GIMMESTAD v. ROSE BROTHERS CO. INC., 194 Minn. 531 (1935). <br />My understanding of law is at best sketchy, but the law generally holds that if an activity (in this case <br />heavy equipment ) is in or near a recreational zone used by children and families (such as a public <br />access), the city or county should know or reasonably anticipate children will be present or will <br />203 <br />