(a) Whenever the department finds that any work is being performed in violation of section 24-222 or section 24-228 or any rules promulgated thereunder, and such work poses a threat to human health and safety, the department may issue a stop work order with respect to such work or solely with respect to the equipment used for work being performed in violation of section 24-222 or 24-228.
(b) Such order may be given (i) verbally or (ii) posted at the site and served personally on or mailed to the owner, lessee or occupant of the site, or to the person executing the work at the site, or to the agent of any of them and shall include the reason for the issuance of the stop work order. A verbal stop work order shall be followed promptly by a written order in accordance with this subdivision.
(c) Upon issuance of a stop work order, work specified in the order shall immediately cease, except work authorized or required by the commissioner or the head of any other agency to ensure public safety or to stabilize the site.
(d) No person shall with knowledge or notice of a stop work order allow, authorize, promote, continue or cause to be continued such work that is the subject of the stop work order.
(e) A stop work order issued pursuant to subdivision a of this section may be appealed in accordance with the rules of the department, and the commissioner shall provide notice and an opportunity to be heard within 14 days of the filing of such appeal. A stop work order shall be lifted if, upon appeal, the commissioner determines that the issuance of such order was not proper, or upon the submission of proof satisfactory to the commissioner that the requirements of such order have been satisfied. In the case of a verbal order, if the commissioner determines that the condition that gave rise to the order has been immediately corrected, including but not limited to which devices or activities may not be used or performed at the same time and which activities may be prohibited, such order shall be lifted at once and shall not be followed by a written order.
(L.L. 2018/053, 1/17/2018, eff. 7/16/2018)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113 and L.L. 2018/053.