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2. Some kind advice to you and your department, if the county does not man the site, you will <br />have to do major repairs annually on this site. Note the steel track on the backhoe, most if <br />not all this started in the last 2 years. <br />3. 1 am including guidelines mandated by OSHA for construction sites. I am in the process of <br />finding out, through consultants, if those guidelines extend to staging sites. As an owner of a <br />marina, where such activity does occur, I have access to webinars provided by the industry <br />that I am including for you, clearly what is happening on that site does not meet any of the <br />minimum standard for best practices. <br />4. Your intention to continue shore fishing availability on the site cannot occur if all the parking <br />on site is occupied by the workers leaving no availability for fisherman. <br />S. If it is deemed that the staging site should be treated similarly to a construction site <br />assurance of compliance will fall upon the city. <br />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 (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 (1061 <br />mm) in height and shall be sufficient to direct pedestrians around construction areas. <br />234 <br />