Construction work in New York City must adhere to the Administrative Code or the Zoning Resolution. If at any point, during the course of construction, an inspector from the Department of Buildings (DOB) determines that a job site is unsafe, said inspector will issue a Stop Work Order (SWO).
There are two types of Stop Work Orders that the DOB will issue:
A full SWO prohibits all work at the site, excluding any work that is needed to make the job site safe. An SWO can be issued if an inspector is denied access to a site. Furthermore, it can be issued if the proper permits are not in place.
A partial SWO or PSWO prohibits work at a certain area or certain types of work. A PSWO can be issued if work is contrary to approved plans. It can also be issued if the site safety plan or log is missing.
If the DOB issues a SWO for work without a permit, a permit must be issued. In addition, any associated civil penalties must be paid before work can resume.
If the DOB comes back to the site and witnesses work going on despite having a SWO, additional violations with hefty penalties may be issued. The first offense for working against a STOP WORK ORDER carries a penalty of $6000 currently. Subsequent offenses are $12K each.
To Lift a SWO, you must:
- Correct all violating conditions cited in the SWO
- Provide proof that any associated OATH violations have been resolved
- Provide proof that all applicable civil penalties have been paid
- Pass inspection from the unit of the DOB that issued the SWO. Sometimes it will take multiple re-inspection attempts before the SWO is lifted.
If you have any questions about SWOs or need assistance having one lifted, give S&M Expediting a call.
