Stop Work Orders
The Department issues Stop Work Orders (SWO) when inspectors determine the work is in violation of the Construction Codes, Zoning Resolution or any law or rule enforced by the Department; and when work at a site is being done in an unsafe manner. SWOs are issued to protect workers, residents, the public, buildings and properties.
The Department’s authority to issue a Stop Work Order is found in §28-207.2
of the NYC Administrative Code.
Full Stop Work Order
work is prohibited, excluding remedial work required to make the site safe, as authorized by the Commissioner.
Partial Stop Work Order
A partial SWO does not stop all work on a site: certain work or work in a particular area is prohibited, except remedial work required to make the site safe.
Violating a Stop Work Order
It is a violation of Section §28-207.2.2
for any individual with knowledge or notice of a SWO to allow, authorize, promote, continue or cause to be continued any work covered by the SWO.
Penalty for Violating a Stop Work Order
When the Department sees work against a SWO, violations carrying additional civil penalties may be issued. Section §28-207.2.6
authorizes strict additional civil penalties payable to the Department when a person fails to comply with a SWO. The Department will not rescind a SWO until these civil penalties have been paid.
NOTE: Penalties do not apply to any work performed to remedy an unsafe or hazardous condition as authorized by order of the Commissioner.
The Department’s civil penalties are in addition to any penalties assessed at the Office of Administrative Trials and Hearings (OATH) for conditions leading to the SWO or any violation.
Lifting a Stop Work Order
- Correct all violating conditions cited in the SWO.
- The Department may require you certify correction to any outstanding OATH/ECB violations by submitting a Certificate of Correction to the Department’s Administrative Enforcement Unit.
- Request a re-inspection from the Unit that issued the SWO to verify that all the violating conditions have been corrected and have the order rescinded.
- Pay any applicable civil penalties.
A Certificate of Correction is used to certify correction of a violation/summons issued by Department of Buildings and scheduled for a hearing at OATH/ECB.
You can submit a Certificate of Correction once the violating condition is corrected. The hearing and certification processes are separate. The Certificate of Correction can be completed by the:
- Respondent named in the violation
- Officer, Director or Managing Agent of named respondent corporation
- Owner, but not named respondent (if you are a new owner, attach a copy of deed)
- Managing agent of place of occurrence (attach a notarized letter of designation from owner)
- Partner of named respondent partnership
- Contractor or other agent (with authorization)
NOTE: Up to ten certificates can be submitted from 8:30 am to 10:00 am for immediate review, and up to three thereafter.
Certificate of Correction Supporting Documents
The Certificate of Correction must also be accompanied by a sworn statement attesting to how and when the work was completed, and by whom. Additional proofs of correction may also be required, such as permits to do the work (if required by Code), photographs depicting before and after conditions, invoices for completed work, etc. Certain violations, such as plumbing, electrical, elevators, and boilers may require the services of a licensed individual who must submit a sworn statement certifying the correction of items cited on the violation.