Article 207 - PEREMPTORY ORDERS

Section 28-207.1

Section 28-207.1

  §28-207.1  Contents  and  service.  Peremptory  orders  issued  by the
commissioner shall contain a description  of  the  building,  structure,
premises,  equipment or subject matter affected, and shall be designated
by address where applicable. Such orders may be served personally or  by
posting  at  the  premises  followed  by regular mail, by any officer or
employee  of  the  department,  or  by  any  person  authorized  by  the
commissioner.

Section 28-207.2

Section 28-207.2

  §28-207.2  Stop  work orders. Whenever the commissioner finds that any
building work is being executed in violation of the provisions  of  this
code,  the  1968  building code, the zoning resolution or of any laws or
rules enforced by the department, or in a dangerous  or  unsafe  manner,
the  commissioner  or  his  or her authorized representative may issue a
stop work order.

Section 28-207.2.1

Section 28-207.2.1

  §28-207.2.1  Issuance.  Upon  issuance  of  a  stop  work order by the
commissioner,  all  work  shall  immediately   stop   unless   otherwise
specified.  Such  order  may require all persons to forthwith vacate the
premises pursuant to the provisions of section  28-207.4  and  may  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 or
other law enforcement agency or officer shall, upon the request  of  the
commissioner,  assist  the department in the enforcement of this section
28-207.2. The stop work order may be given verbally 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. A verbal
order shall be followed promptly by a written order  and  shall  include
the reason for the issuance of the stop work order.

Section 28-207.2.2

Section 28-207.2.2

  §28-207.2.2  Unlawful  continuance.  No person shall with knowledge or
notice of a stop work order allow, authorize, promote, continue or cause
to be continued any work covered by the stop  work  order,  except  such
work that may be required by order of the commissioner.

Section 28-207.2.3

Section 28-207.2.3

  §28-207.2.3  Rescission.  Upon  application,  the  commissioner  shall
rescind the stop work order when the condition that  gave  rise  to  its
issuance  has  been corrected and either all civil penalties or criminal
fines assessed for any violation of such order have been paid or,  where
a  violation  is  pending, security for the payment of such penalties or
fines has been posted in accordance with department rules, or where  the
stop  work  order  was  issued  in  error or conditions are such that it
should not have been issued. The commissioner may by  rule  require  the
payment  of  a fee in the amount of the expense of additional inspection
and administrative expense related to such stop work order.

Section 28-207.2.4

Section 28-207.2.4

  §28-207.2.4  Mandatory  stop work orders. The commissioner shall issue
stop work orders in the circumstances set forth below. Upon issuance  of
such  stop  work  order,  the  work shall immediately stop and shall not
resume until the stop work order is rescinded  by  the  department.  The
stop work order shall not be rescinded less than two business days after
the  date  of  issuance  of such order. Nothing in the following section
shall be construed to limit the commissioner's power to issue stop  work
orders in other circumstances.

Section 28-207.2.4.1

Section 28-207.2.4.1

  §28-207.2.4.1  Scaffold safety. A stop work order shall be issued if a
permit holder or person directly in charge  of  any  suspended  scaffold
supported  by  c-hooks or outrigger beams fails to notify the department
prior to the installation or  use  of  such  equipment  as  required  by
section 3314.1.1 of the New York city Building code and either:
  1. The rigger does not hold a license required by this code, or
  2.  The  workers lack certificates of fitness as required by this code
or applicable rule, or
  3. The rigger failed to file with the department satisfactory evidence
of insurance required by this code.

Section 28-207.2.5

Section 28-207.2.5

  §28-207.2.5  Penalties.  In  addition to the penalties provided for in
this chapter, any person who fails to comply  with  a  stop  work  order
shall  be  liable  for  a  civil  penalty in the amount of five thousand
dollars for the initial violation and ten  thousand  dollars  for  every
subsequent  violation,  to  be  paid  to  the  department  prior  to the
rescission of the stop work order; provided,  however,  this  shall  not
apply  to  any work performed to remedy an unsafe or hazardous condition
as authorized by order of the commissioner.

Section 28-207.3

Section 28-207.3

  §28-207.3  Public nuisance. Whenever any building, structure, place or
premises is or may be perilous to life or  property  by  reason  of  the
nature  or  condition  of  its  contents,  its  use, the overcrowding of
persons therein, defects in its construction, or  deficiencies  in  fire
alarm,  fire  extinguishing  equipment  or  fire escape equipment, or by
reason  of  any  condition  in  violation  of  law  or  order   of   the
commissioner,  the commissioner may declare that the same, to the extent
that the commissioner may specify, is a public nuisance  and  may  order
the  same  to be removed, sealed, abated, repaired, altered or otherwise
improved.

Section 28-207.3.1

Section 28-207.3.1

  §28-207.3.1  Rescission.  Upon  application,  the  commissioner  shall
rescind such order when the condition that gave rise to its issuance has
been  corrected  or  where  the  declaration  was  issued  in  error  or
conditions   are   such  that  it  should  not  have  been  issued.  The
commissioner may by rule require the payment of a fee in the  amount  of
the  expense of additional inspection and administrative expense related
to such order.

Section 28-207.4

Section 28-207.4

  §28-207.4  Vacate  order. In case any order to remedy a condition that
is or may be imminently perilous,  dangerous  or  detrimental  to  life,
public  safety  or  property, issued by the commissioner is not complied
with, or the commissioner determines that an emergency exists  requiring
such  action,  the  commissioner  may  order  and  immediately cause any
building, structure, place or premises to be vacated. The  vacate  order
may  be given verbally 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. A verbal order shall be followed promptly
by  a written order and shall include the reason for the issuance of the
vacate order.

Section 28-207.4.1

Section 28-207.4.1

  §28-207.4.1  Basis  for  vacate. Conditions for which the commissioner
may issue a vacate order shall include but shall not be limited  to  the
following  conditions  that  create  a hazard to life, public safety, or
property:
  1. Danger of structural failure;
  2. Danger of facade failure;
  3. Inadequate fire protection, detection, or suppression;
  4. Inadequate egress; or
  5. Improper storage of hazardous materials, combustible or toxic.

Section 28-207.4.2

Section 28-207.4.2

  §28-207.4.2 Enforcement of vacate order. All orders issued pursuant to
this  section  28-207.4  shall  be  posted  upon  the  premises and made
available to the public. Immediately upon the posting of an  order  upon
the  premises,  officers  and  employees  of  the police department, the
department, and other authorized officers  and  employees  of  the  city
shall immediately act upon and enforce such order. The police department
shall  provide  all  reasonable  assistance  to the department and other
authorized officers and employees necessary to carry out the  provisions
of this section 28-207.4. A copy of the vacate order shall be filed with
the  county  clerk  of the county in which the premises is located. Such
filing shall be notice of the vacate order to any subsequent  owner  and
such owner shall be subject to such order.

Section 28-207.4.3

Section 28-207.4.3

  §28-207.4.3  Rescission.  Upon  application,  the  commissioner  shall
rescind the vacate order when  the  condition  that  gave  rise  to  its
issuance  has  been corrected and either all civil penalties or criminal
fines assessed for any violation of such order have been paid or,  where
a  violation  is  pending, security for the payment of such penalties or
fines has been posted in accordance with department rules, or where  the
vacate  order  was issued in error or conditions are such that it should
not have been issued. The commissioner may by rule require  the  payment
of  a  fee  in  the  amount  of the expense of additional inspection and
administrative expense related to such vacate order.

Section 28-207.5

Section 28-207.5

  §28-207.5  Cease  use  orders  for  service  equipment.  Whenever  the
commissioner determines that the operation of any service  equipment  is
or  may  be  dangerous  to  life, health or safety, the commissioner may
issue a cease use order requiring such equipment  to  be  shut  down  or
sealed  or  otherwise made inoperable. Upon the issuance of such order a
tag or notice shall be affixed to the device warning that the  equipment
is  unsafe for operation. It shall be unlawful to operate such equipment
or to remove or deface such tag unless and until the cease use order  is
rescinded by the commissioner.

Section 28-207.5.1

Section 28-207.5.1

  §28-207.5.1  Rescission  of  cease  use  order.  Upon application, the
commissioner shall rescind the cease use order when the  condition  that
gave  rise  to  its  issuance  has  been  corrected and either all civil
penalties or criminal fines assessed for any  violation  of  such  order
have  been  paid  or,  where  a  violation  is pending, security for the
payment of such penalties or fines has been posted  in  accordance  with
department  rules  or  where  the cease use order was issued in error or
conditions  are  such  that  it  should  not  have  been   issued.   The
commissioner  may  by rule require the payment of a fee in the amount of
the expense of additional inspection and administrative expense  related
to such cease use order.