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6. This activity will clearly be considered an attractive nuisance and may attract children who <br />are present at the site and there are separate rules for that. <br />7. Please keep in mind the photos you see, have made it impossible to use the site at peak <br />season for annual removal of all the residents boats. <br />Gabriel <br />While I understand the County is proposing to eliminate the "vertical access" in order to <br />accommodate commercial and industrial uses at North Arm Landing, I have not heard whether the <br />County also intends to eliminate those commercial/industrial uses from the site altogether. <br />If those uses are allowed to continue, I believe the County may be in violation of certain sections of <br />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 (httl2s://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 />208 <br />