2006 New York Code - Stop-work Notices And Orders.



 
    §  26-118 Stop-work notices and orders. Notwithstanding the provisions
  of sections 26-115 through 26-117 of this subchapter, a notice or  order
  to stop work may be issued by the commissioner, or his or her authorized
  representative, at any time when it is found that building work is being
  executed  in  violation of the provisions of any law, rule or regulation
  enforceable by the department, or in a dangerous or unsafe manner.
    Such notice or order may be given orally or in writing to  the  owner,
  lessee  or  occupant of the property involved, or to the agent of any of
  them, or to the person or persons executing the work and may require all
  persons in and about  the  building  or  premises  to  vacate  the  same
  forthwith,  and  also require such work to be done as, in the opinion of
  the commissioner, may be necessary to remove any danger  therefrom.  The
  police  department  shall,  upon the request of the commissioner, assist
  the department in the enforcement of this section.
    Conditions warranting issuance of a stop work order  include  but  are
  not  limited  to,  the  failure  to  have  a  construction  site  safety
  coordinator present in the course  of  on-going  construction  at  those
  sites where department rules and regulations require that a construction
  site  safety coordinator be designated and present; the failure to erect
  a sidewalk shed (or portions thereof) as required by section 27-1021  of
  the  code,  or  the removal of a sidewalk shed or portions thereof, when
  such sidewalk shed is still required pursuant to such section.
    In addition to the penalties provided for in this subchapter,  failure
  to  comply  with  a stop work order shall be subject to the payment of a
  penalty in the sum of  five  hundred  dollars  for  each  day  there  is
  non-compliance, to be recovered in a civil action brought in the name of
  the  commissioner;  provided,  however, this shall not apply to any work
  performed to remedy an unsafe or hazardous condition.

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