NYC Stop Work Orders: Full, Partial and How to Get One Lifted
If a Department of Buildings inspector determines a job site is unsafe, or the work does not follow the codes or approved plans, the inspector can issue a stop work order (SWO).
Construction work in New York City must follow the Administrative Code and the Zoning Resolution.
Two types of stop work orders
A full stop work order prohibits all work at the site, except work needed to make the site safe. A full SWO can be issued if an inspector is denied access to the site, or if the proper permits are not in place.
A partial stop work order (PSWO) prohibits work in a certain area or certain types of work. A PSWO can be issued if work is contrary to the approved plans, or if the site safety plan or log is missing.
If DOB issues a stop work order for work without a permit, a permit must be issued and any associated civil penalties paid before work can resume.
Working against a stop work order
If DOB comes back and finds work going on despite the order, more violations with heavy penalties may be issued. The first offense for working against a stop work order currently carries a $6,000 penalty, and later offenses are $12,000 each.
To lift a stop work order, you must
- correct all violating conditions cited in the order
- provide proof that any associated OATH violations have been resolved
- provide proof that all applicable civil penalties have been paid
- pass inspection by the DOB unit that issued the order; sometimes it takes more than one re-inspection
If you have questions about a stop work order or need help having one lifted, call S & M Expediting at 718-833-2333.