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
§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
§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
§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
§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
§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
§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
§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
§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
§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
§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
§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
§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
§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
§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
§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.