The Department issues a Stop Work Order (SWO) when inspectors determine a site has unsafe work or conditions. Stop Work Orders are issued to protect workers, tenants, the public as well as buildings and properties from unsafe conditions. When the Department halts work, the SWO Coordinator contacts the project executive or construction manager to outline the necessary steps to correct the safety hazard.
All work is prohibited, excluding remedial work required to make the site safe, as authorized by the Commissioner.
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.
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.
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.
First Offense $6,000
Subsequent Offenses $12,000
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.
A Certificate of Correction is an affidavit attesting to the lawful correction of conditions cited in an OATH summons issued by the Department. Any of the following people may complete and submit a Certificate of Correction:
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 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. New owners must attach a copy of the deed to the property.
Department inspectors conduct surprise inspections at Stop Work Order sites. When they find work that violates the Stop Work Order, they issue violations with escalated civil penalties.