What is a Stop Work Order?
The Department issues a Stop Work Order (SWO) when inspectors determine a site has unsafe work or conditions. SWOs are issued to protect workers, residents, the public, and buildings and properties. When DOB halts work, the SWO Coordinator contacts the project executive or construction manager to outline the necessary steps to correct the safety hazard.
There are two types of Stop Work Orders:
Full – all work is prohibited, excluding remedial work required to make the site safe.
Partial – a partial SWO does not stop all work on a site: certain work or work in a particular area is prohibited.
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Order Guide to find out when Full or Partial SWOs may be issued and the Stop Work Order Map for recently issued and rescinded SWOs.
Violating a Stop Work Order
When the Department sees work against a SWO, violations carrying additional civil penalties may be issued. The Department will not rescind a SWO until these civil penalties have been paid.
First Offense - $6,000
Subsequent Offenses - $12,000
Lifting a Stop Work Order
Correct all violating conditions cited in the SWO.
Major buildings must 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.
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Contact the unit that issued the SWO to have the order rescinded.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 ECB Notice of Violation issued by the Department of Buildings. Any of the following people may complete and submit a Certificate of Correction:
the person named on the violation
a partner of the person named in a 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 proof of correction may also be required, such as permits to do the work (if required by Code), photographs showing before and after conditions, invoices for completed work, etc. Certain violations, such as elevators and boilers violations, 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 property deed.
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.
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