Safety on public roads is generally the responsibility of the local authority. In residential buildings, snow removal is usually the responsibility of the landlord, who can delegate this responsibility to the tenants, which means a transfer of responsibility.
The responsibility for clearing snow and ice from driveways can be transferred to the tenant, although a single verbal or telephone agreement is not sufficient. The relevant provision can usually be found in the regulations. If they are included in the tenancy agreement, the tenant may be obliged to comply with them.
In the case of multi-story buildings, there are often breaches of the ground floor, which are perfectly legal according to court decisions. On the other hand, every tenant has a different snow removal plan. The landlord is responsible for the preparation. If the landlord, entrusts the snow clearing to another company, the cost can be passed on to the tenant through the operating cost.
Although the landlord can require the tenant to clear the sidewalks, he is responsible for any damage caused by avalanches or ice falling from the roof. The landlord must also post danger warning signs.
In principle, this is very simple: the person responsible for snow removal is liable in the event of an accident, for example if a passer-by is injured in a fall. The landlord is primarily responsible. However, the responsible tenant may have resource i.e. the transfer of liability. If the injuries are negligible but quickly caused substantial damage, liability can be reduced. It is therefore advisable to take out liability insurance.
Even if liability is transferred to the tenant, the landlord must still ensure that the equipment is available. This is also applies to granular materials such as sand or gravel. In addition, you must check and supervise, i.e. monitor the work.
It is not compulsory to clear ice and snow from roads 24 hours a day, but it is sufficient to clear snow at 7:00 on weekdays and 8:00 on Sundays and public holidays. At night, winter traffic stops at 20:00. However, in heavy snowfall, it is not not necessary to go out every minute. In this case, regular intervals are necessary, with a sense of proportion.
If the tenant is unable to do this, for example, due to holidays or illness, it is his responsibilities to find a replacement.
Frequently used roads should be removed at a width of 4 to 5 feet, while less frequently used roads, such as roads leading to rubbish dumps, should only be cleared at a width of about a feet or two. This also applies to unpaved roads if there is no other main road. If the area is not crossed by a road, the road should be marked.
Snow plow may only be placed at the edge of the road. Do not use public roads, sidewalks or your neighbor’s land.
Often it is not enough to remove just one layer of snow. In order to avoid real slip hazards and accidents on pavements, grinding is usually carried out. Even for short distances, the use of a gravel truck is recommended, as the gravel container can be transported quickly.
If you can’t clear the road or pavement yourself, or if you don’t have a shovel or snow blower, call a snow removal service. In this case, contact these services as soon as possible. If you are waiting for the first snow, most services may be too busy to offer you a work schedule or may increase their prices due to the amount of snow. Be prepared to contact these services in advance.
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