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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.
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issuance of such stop work order, the work shall immediately stop and shall not resume until the stop work order is rescinded by the department. The stop work order shall not be rescinded less than two business days after the date of issuance of such order.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 sections shall be construed to limit the commissioner's power to issue stop work orders in other circumstances.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/008.
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 3314.4.1.5 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.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/008 and L.L. 2021/126.
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