Removing a SWO
Got a Stop Work Order back in January (thanks to a lying bastard of a contractor who told us he had permits and walked off the job 2 days after a DOB inspector showed up. Anyway, we have been trying to get it lifted for the last 6 months, the plans are filed, we have…
Got a Stop Work Order back in January (thanks to a lying bastard of a contractor who told us he had permits and walked off the job 2 days after a DOB inspector showed up. Anyway, we have been trying to get it lifted for the last 6 months, the plans are filed, we have hired a whole new crew, they have pulled permits, we have paid the fine (begrudgingly), the inspector is coming on Monday…. anyone know what happens at this inspection? Is the violation lifted right then and there? What’s the process? How soon can we resume work?
congrats. glad it worked out.
So inspector came yesterday-sawthatIhad plans and permits and gave mea rescinded SWO right there on th spot. Work can start immediately now all Ihave todois rally the troops. Thanks everyone.
Hey HSS, what vinca said, make sure your contractor is there, but also yourselves. Sometimes the inspectors are pricks and will not want to deal with you directly, but it’s important that you be there and listen to the conversation.
WIth my inspections I noticed that sometimes the contractor will not advocate forcefully enuf cuz they know they may see the inspector on a later job and don;t want to piss him off. Good luck!
I strongly recommend you try to arrange for your current contractor to be present to represent you at this inspection. If it’s just you and DOB, listen carefully and only answer the questions asked. No matter how helpful you imagine, don’t offer explanations or additional information. Even with all permits in place, we have recently experienced more than one unscheduled DOB visit/inspection. Fortunately, we have not had to deal with a Stop Work Order. Maybe these links will help you. There are an endless number more online: http://www.nyc.gov/html/dob/downloads/pdf/infoviol.pdf
According to this extract from the following Fact Sheet (page 2):
http://www.nyc.gov/html/dob/downloads/pdf/b05-27-147_factsheet.pdf
Lifting a Stop Work Order
Paying a civil penalty for a Work Without a Permit violation and obtaining a permit does not automatically lift a Stop Work Order (SWO). Please note that any work done while the premises is under a SWO may subject both the owner and contractors to additional violations and fines. To lift a SWO, the respondent must contact the Department of Buildings issuing unit listed on the posting.
After re-inspection or review of paperwork, a Department of Buildings Inspector may recommend full rescission of SWO to the unit chief or supervisor. Once the unit chief or supervisor approves rescission of the SWO, the respondent will be notified through a posting of an OP-109 form (Stop Work Order Rescind) at the premises.
Civil Penalties Fact Sheet:
http://home.nyc.gov/html/dob/downloads/pdf/ecb_civil_penalties.pdf
Additional links:
http://www.nyc.gov/html/dob/downloads/pdf/stop_work_order_notice_082306.pdf
http://www.ci.nyc.ny.us/html/dob//html/violations/ecb_violation.shtml
http://www.ci.nyc.ny.us/html/dob//downloads/pdf/aeu2ins.pdf