Section 12-A114. STOP WORK ORDER

 

114.1 Authority. Whenever the code official finds that any work on any premises, including any building or other structure is being performed contrary to the provisions of the Construction Codes, or the Zoning Regulations or in an unsafe or dangerous manner, the code official is authorized to issue a stop work order.

 

114.1.1 Issuance.  The stop work order shall be in writing, in a form prescribed by the code official, and shall be given to the owner of the property involved, or to the owner’s agent, or to the person doing the work. If the stop work order cannot be delivered personally, notice shall be effected by posting the stop work order as provided in Sections 114.1.4 and 114.2 below.  Upon service of a stop work order pursuant to Section 114.1.4, the cited work shall immediately cease until the situation is corrected.

 

114.1.2 Form of Stop Work Order.  The stop work order shall be in writing, in a form prescribed by the code official.  The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume. The stop work order shall state the address of the property and the specific section or sections of the Construction Codes and/or the Zoning Regulations violated.  The stop work order shall also contain a description of the right to appeal the order, and a contact name and telephone number to obtain an appeal form.  No stop work order shall be issued nor considered valid unless it contains all the above information, and the signature of the issuing official.

 

114.1.3 [Reserved].

 

114.1.4 Service of a Stop Work Order. The code official shall effect service of a stop work order by one of the following methods:

 

1.  Personal service on the owner of the property involved, to the owner’s agent or to the person doing the work; or

 

2.  Posting a copy of the notice in a conspicuous place in or about the structure affected by such notice, as provided in Section 114.2 below.

 

114.2 Location of Posted Stop Work Order.  The code official shall post the stop work order in a conspicuous location, visible to the public and other government officials, in or about the premises, including any building or other structure, affected by the stop work order.

 

114.3 Removal or Obstruction of a Posted Stop Work Order.  Unauthorized removal or obstruction of a posted stop work order is a violation of the Construction Codes, and is subject to the penalties provided in D.C. Official Code § 6-1406 (2012 Repl.) and the injunctive relief set out in D.C. Official Code § 6-1407 (2012 Repl.).

 

114.4 Access Required to Post a Stop Work Order.  Where the code official requires access into a structure to post a stop work order, the owner of the structure, or his or her agent, must provide the required access within 24 hours after receiving written notice from the code official pursuant to Section 114.1.

 

114.5 Public Notice of Stop Work Order.  The code official is authorized to make public, by publishing in a newspaper of general distribution, in the District of Columbia Register, or at the DCRA website, a list of the addresses where stop work orders have been posted.  The code official shall, upon request, provide copies of written stop work order notices, issued pursuant to Section 114.1 of this chapter, to the Metropolitan Police Department Commander of the District where the address of the stop work order is located.

 

114.6 Scope of Stop Work Order for Illegal Construction.  A stop work order issued for illegal construction under Section 113.7 of this chapter, shall mean, unless otherwise specified, the cessation of any and all work at the premises or portion thereof, regardless of whether the work is subject to building permit requirements.

 

114.6.1 Stop Work Order for All Activity at a Construction Site.  When the code official issues a stop work order for illegal construction under Section 113.7 of this chapter, it shall be a violation of the stop work order for the owner or agent to enter the site, unless otherwise specified.  The code official may provide for temporary access to allow the owner, or his or her agent, to ensure the ongoing security and/or safety of the property.  An owner or agent of property under the restrictions of a stop work order must first receive approval from the code official to enter the property for any reason except as specified in the order.

 

114.7 Owner and/or Designated Agent Responsible for Ensuring Compliance with Stop Work Order.  The owner of the property, or his or her agent, serving as the contractor of record, shall be deemed to have violated the stop work order where his or her subordinate employees, workers, and sub-contractors do not comply with the requirements of the stop work order.

 

114.8 Criminal Prosecution for Violation of Stop Work Order.  Upon finding that the requirements of a stop work order have been violated, including the removal of a stop work order, the code official may request the Office of the Attorney General for the District of Columbia to institute appropriate proceedings which may include the arrest and prosecution of the owner or agent.

 

114.9 Failure to Comply with Stop Work Orders.  Any person who continues to work in or about a structure after having been served with a stop work order is in violation of the provisions of the Construction Codes.  Failure to comply with a stop work order shall constitute grounds for suspension, restriction or revocation of any license issued by the Department to the non-compliant general contractor, construction manager, or home improvement contractor.  Failure to comply with a stop work order by an, electrician, plumber, gas-fitter, steam engineer, or refrigeration and air conditioning mechanic shall be grounds for referral to the Board of Industrial Trades for license suspension or revocation. 

 

114.10 Unlawful Continuance. Any person who shall continue any work in or about a premises, including any building or other structure after a stop work order has been posted, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties set forth in D.C. Official Code § 6-1406 (2012 Repl.) and the injunctive relief set out in D.C. Official Code § 6-1407 (2012 Repl.).

 

114.11 Appeal of Stop Work Order.  The property owner, his or her agent, or the person responsible for the work cited in a stop work order, may initiate an appeal within the Department from a stop work order.  Claimants shall appeal using a form provided by the code official, on which they shall state the grounds for the appeal, which shall be based on a claim that the Construction Codes or the Zoning Regulations, or the rules legally adopted thereunder, have been incorrectly interpreted or applied, the provisions of the Construction Codes or Zoning Regulations do not fully apply, or that an equally good or better form of construction can be used.  The appeal shall be filed within 15 days after the date on which the stop work order is posted.

 

114.11.1 Action on Appeal.  Within 10 business days after the date of receipt of the appeals form, the code official shall affirm, modify, or reverse the previous action or decision.  The decision of the code official shall be the final decision of the Department.  If the code official denies the appeal, or does not act upon the appeal within the 10-business day period, the decision will be deemed affirmed and the claimant may appeal the matter directly to the Office of Administrative Hearings, except to the extent that a violation of the Zoning Regulations is alleged, in which case the claimant shall appeal the action to the Board of Zoning Adjustment pursuant to D.C. Official Code § 6-641.07 (2012 Repl.).

 

114.11.2 Stay of Action.  The filing of an appeal does not stay the effect of a stop work order.

 

 

authority

Section 10 of the Construction Codes Approval and Amendments Act of 1986 (Act), effective March 21, 1987 (D.C. Law 6-216; D.C. Official Code § 6-1409 (2012 Repl.)) and Mayor’s Order 2009-22, dated February 25, 2009, as amended.

source

Final Rulemaking published at 61 DCR 2782 (March 28, 2014 – Part 2); as corrected by Errata Notice published at 61 DCR 5246 (May 23, 2014).

EditorNote

The District of Columbia Building Code (2013), referred to as the “Building Code,” consists of the 2012 edition of the International Building Code as amended by the District of Columbia Building Code Supplement (2013)(12 DCMR A). The International Building Code is copyrighted by the International Code Council and therefore is not republished here. However, a copy of the text may be obtained at:http://publicecodes.cyberregs.com/icod/ibc/2012/index.htm?bu=IC-P-2012-000001&bu2=IC-P-2012-000019.