Crash protection on L-shaped stones - is a special fence required?

  • Erstellt am 2018-07-06 20:14:55

munger71

2018-07-06 20:14:55
  • #1
Hello everyone,
we need to find out the following. Our landscape architect wants to push unsightly fences on us due to the Bavarian Building Code, as these are absolutely necessary because of the risk of falling.

The following excerpt from the building code is the subject of the discussion:

Art 36: Guardrails
In, on, and at structural installations, areas that are generally intended for walking and directly adjoin surfaces more than 50 cm lower must be enclosed with sufficiently high and stable guardrails, unless the guardrail contradicts the purpose of the areas.

A fall protection is to be installed both on the L-bricks next to the parking space and behind the garbage bin enclosure.

The purpose of this area is a planting area and not generally intended for walking. The area was also drawn "slanted." Who would come up with the idea to "walk" there?
The railing would thus contradict the purpose of the area for planting. It would be much more dangerous to maintain it from above rather than conveniently from below.

The same applies to the fence above the garbage bin house. Planting area → not intended for walking as the terrain slopes steeply forward.
The fence above the garbage bin house does not immediately adjoin a 0.5 m drop → The garbage bin house is 69 cm deep and stands in front of the fence.

I am at a loss and the landscape architect insists on legal pitfalls.
Does anyone have a tip for us? Is there a legal


 

tomtom79

2018-07-06 22:24:44
  • #2
Never at height without fall protection.
 

munger71

2018-07-07 05:36:43
  • #3
At the front door upstairs, that really makes sense to me, but to the left of the side entrance on the lower L-bricks, the purpose does not become clear to me.
 

tomtom79

2018-07-07 08:10:03
  • #4
True, and if the gala architect refuses, just say that it will be done by your own effort. Presumably, he just wants to be absolved from liability if someone ever mows the lawn or cleans the rock garden there.
 

munger71

2018-07-07 08:31:00
  • #5
We have already had this discussion. He says he does not get out of liability with it. The interesting question is what exactly is meant by "begehbar" and "die Umwehrung dem Zweck der Flächen widerspricht". The area cannot be walked on because bushes are to be planted there. The purpose of the area is clear.
 

Zaba12

2018-07-07 13:31:29
  • #6
We will place L-bricks around the terrace at a height of 1.2m. No one is interested in fall protection here. Not even the person who installs it. I am aware of the issue from an insurance perspective. At some distance from the edge there will be a raised bed and at the bottom near the L-bricks bushes, and that’s it.
 

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