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
All 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, as authorized by the Commissioner.
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 required to make the site safe as indicated on the violation referenced in the SWO or file appropriate documents with the Department.
- The Department may require that you certify correction to any outstanding 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from the Unit that issued the SWO to verify that all the violating conditions have been corrected and have the order rescinded.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 an affidavit attesting to the lawful correction of conditions cited in an ECB Notice of Violation issued by the Department of Buildings. Any of the following people may complete and submit a Certificate of Correction:
- Respondent named in the violation
- Any partner of a respondent partnership
- Officer, director or managing agent of the respondent corporation
- Owner, even if not the named respondent
- Managing agent of place of occurrence (with a notarized letter of designation from the owner)
- Contractor or other agent (with a notarized letter of designation from the owner)
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.