Construction Safety Site Safety Training Inspections Enforcement

Stop Work Order (SWO)

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. See the Stop Work Order Guide to find out when Full or Partial SWOs may be issued and the Stop Work Order Map for recently issued and rescinded SWOs.

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.

Stop Work Order Issued for Work Without a Permit

If DOB issues a SWO for work without a permit, work cannot resume until a permit has been issued and the SWO has been rescinded. If you resume work before the SWO has been rescinded, DOB may issue violations carrying additional civil penalties, even though a work permit has been issued. DOB will not rescind the SWO until these additional civil penalties have been paid.

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.

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.

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 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. To request the rescission of a Stop Work Order, complete and submit the Borough Enforcement Appointment Request form.
Pay any applicable civil penalties.
Contact the unit that issued the SWO to have the order rescinded

Certificates of Correction

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:

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); or
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 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.

Stop Work Order Patrol

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.