N.Y. Comp. Codes R. & Regs. tit. 19 § 1202.14

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1202.14 - Orders and violations

(a) The department is authorized to issue the following types of orders in writing:

(1) order to remedy, where any condition is in violation of the Codes or this Part existing in, on, or about any building or structure shall be corrected within a specified period of time;

(2) order not to be occupied, where a building or structure constructed or maintained in violation of the Codes or this Part shall not be occupied; and

(3) order to stop work until the department is satisfied that such violation has been or will be corrected, including but not limited to:

(i) any work that is determined by the department to be contrary to any applicable provision of the Codes, without regard to whether such work requires a building permit, or a building permit has been issued;

(ii) any work subject to either or both Codes that is being conducted in a dangerous or unsafe manner in the opinion of the department; or

(iii) any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked.

(b) An order to remedy shall be in writing; shall be dated and signed by the department; shall specify the condition or activity that violates the Codes or this Part; shall specify the provision or provisions of the Codes or this Part which is/are violated by the specified condition or activity; and shall include a statement substantially similar to the following: "The person or entity served with this Order to Remedy must completely remedy each violation described in this Order to Remedy by _____, which is thirty (30) days after the date of this Order to Remedy." Orders to remedy shall be served in person upon an owner, or sent by certified or registered mail to the address of the owner, within five (5) days after the date of the order to remedy. Compliance with an order to remedy requires that each violation described in the order to remedy be corrected within the required timeframe provided.

(c) Orders not to be occupied shall be served in person upon the owner, or sent by certified or registered mail to the address of the owner, or by posting such order in a conspicuous spot upon the building or structure which is the subject of such order. When a not to be occupied order has been issued by the department, except for the purpose of inspecting or securing the building or structure, no building or structure which is the subject of such an order shall be occupied until such order is rescinded or unless the occupancy is specifically approved in writing by the department.

(d) Stop work orders shall be served in person upon the owner, or sent by certified or registered mail to the address of the owner, or by posting such order in a conspicuous spot upon the building or structure which is the subject of such order. Stop work orders shall be dated and signed by the department, state the reason or reasons for issuance, and state the conditions which must be satisfied before work will be allowed to resume. When a stop work order has been issued, no work other than work approved by the department to correct the reason for issuing the stop work order, shall proceed until the stop work order has been rescinded in writing by the department, or the department deems the reason and conditions stated in the stop work order as being satisfied in writing by the department. The issuance of a stop work order shall not be the exclusive remedy available to address any event described in section 1202.14(a)(3) of this Part, and the authority to issue a stop work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under section 1202.14 of this Part, or under any other applicable local law or State law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop work order.

(e) Failure to comply with any order issued by the department shall be subject to a penalty as provided by law.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 1202.14

Adopted New York State Register December 28, 2022/Volume XLIV, Issue 52, eff. 12/30/2022