SECTION A-504 STOP WORK ORDER

A-504.1 General: 149 The Department and, to the extent permitted under the PA Construction Code Act and Uniform Construction Code, any Philadelphia Fire Department Battalion Chief is authorized to issue Stop Work Orders directing that erection, construction, alterations, installation, repairs, removal, demolition and other activities cease immediately and that the premises be vacated pending compliance with such orders whenever:

   1.   Any structure or part thereof, including any adjoining or abutting structures, is found to be in a dangerous or unsafe condition due to inadequate maintenance, deterioration, damage by natural causes, fire, or faulty construction that it is likely to cause imminent injury to persons or property.

   2.   Any erection, construction, alterations, installation, repairs, removal, demolition or other activity is being performed in or on any structure or premises, or part thereof, contrary to accepted construction practices or in a dangerous or unsafe manner which imperils life, safety or property, constitutes a fire or health hazard, or will interfere with a required inspection. 150

   3.   Any erection, construction, alterations, installation, repairs, removal, demolition or other activity is being performed in or on any structure or premises, or any part thereof, without required permits.

   4.   In cases of demolition activity, there is a failure to provide for a site safety review as required by Chapter 4 of this Code. Upon the issuance of a stop work order under this subsection, the work shall be stopped for a minimum of three (3) business days. The Department shall take any other appropriate actions necessary, including revoking any permits, and shall not allow work to begin until the code official is satisfied that the demolition will proceed in a safe manner.

   5.   A contractor is found performing construction without a license required by Chapter 9-1000.

A-504.2 Orders by the Department: The Stop Work Order shall be in writing and shall describe the nature of the dangerous or unsafe condition, the manner of correction and the conditions under which work can be resumed. Where the department observes a condition which creates a hazard to life or property requiring immediate action, an immediate oral order shall have the full effect of the subsequent written order.

A-504.3 Service: The Stop Work Order shall be served on the person from whom action, forbearance or compliance is required and the owner of the premises. Upon notice of the Stop Work Order, all work shall stop immediately and the premises shall be vacated and closed to the public until there has been compliance with the terms of the Stop Work Order.

A-504.4 Posting: The Stop Work Order shall be posted at every entrance to the premises in conspicuous places clearly visible to the public. The Stop Work Order shall remain posted on the premises until the required repairs have been made, the dangerous and unsafe conditions eliminated and required permits obtained.

A-504.5 Police assistance: The department shall promptly notify the Police of the issuance of every Stop Work Order. The Police, upon the request of the department, shall render assistance in the enforcement of any Stop Work Order and shall have the right to enter the premises for such purpose and to arrest anyone violating any Stop Work Order as provided in this Section.

A-504.6 Permit revocation: The department, in addition to issuing a Stop Work Order, shall have the option to revoke any permits which have been previously issued. Revoked permits shall not be reinstated except upon compliance with the terms of the Stop Work Order and payment of required fees.

A-504.7 Prohibited conduct: It shall be a violation of this Section for any person with knowledge of a Stop Work Order to:

   1.   Continue any work in or about any structure or premises, or part thereof, after a Stop Work Order has been issued, except work required to correct the dangerous or unsafe conditions described in the Stop Work Order;

   2.   Enter any structure or premises, or part thereof, on which a Stop Work Order has been posted, except for the purpose of correcting the dangerous or unsafe conditions described in the Stop Work Order;

   3.   Permit any structure or premises, or part thereof, to be occupied by the public until the Stop Work Order has been lifted by the department;

   4.   Remove, damage, alter or deface any Stop Work Order;

   5.   Resist or interfere with any inspector or other official in the performance of their duties or the enforcement of any provision of this Section.

A-504.8 Penalties: Notwithstanding the provisions of Chapter 6 of this code, a violation of this Section shall be punishable as follows:

   1.   Any violation of this Section shall constitute a summary offense and any person upon conviction shall have committed a Class III offense and be subject to the fines set forth in subsection 1-109(3) of The Philadelphia Code for each offense. 151

   2.   Any person who violates Section A-504.7 shall be subject to immediate arrest by Police and issued a citation and summons in such a manner as provided by the Pennsylvania Rules of Criminal Procedure applicable in Philadelphia to summary offenses.

   3.   Each day of violation shall constitute a separate offense for which the violator is subject to arrest, citation and summons; and fine.

 

Notes

149	Amended, Bill No. 130691-A (approved February 19, 2014). See note 87 for effective date provisions.
150	Amended, Bill No. 030780 (approved December 31, 2003).
151	Amended, Bill No. 041079 (approved May 12, 2005).