Beginning July 8, 2020, construction sites that do not follow COVID-19 safety guidance by failing to have a Safety Plan and/or affirmation posted conspicuously and available for inspection or failing to have at least one hand washing or hand sanitizing facility will be issued a Stop Work Order (SWO). A portal will be available in DOB NOW: Safety to submit SWO Rescind Requests.
SWO Rescind Requests
To rescind a COVID-19 safety guidance SWO, the applicant of the permit associated with the complaint number uses an eFiling account to login at www.nyc.gov/dobnow. The eFiling account must be associated with the license/tracking number of the permit holder. Visit www.nyc.gov/dobnowtips if you need to create an eFiling account.
Once logged in, select the Safety portal and then Violations. From the Violations dashboard select +SWO Rescind Request. Search for the complaint number by the property address or BIN number. Only COVID-19 safety guidance SWOs will be found in this portal. For any other SWO, search the Buildings Information System (BIS) and contact the issuing unit with rescission requests.
Once the complaint number is selected, +Add it to the request. Only one complaint can be submitted per SWO rescind request application. On the General Information tab indicate that the violating condition(s) has been corrected. The requestor information will be pre-populated with the eFiling account information of the person logged in. Select Save to upload supporting documents showing the condition(s) was corrected in the Documents section. Then complete the Statements & Signature section. Select Save again so that the Submit button can be selected.
Once the request is submitted, the SWO will be rescinded and a confirmation email will be sent to the permit holder. The status will be updated in BIS and the permit holder should remove the paper SWO from the site.
Subsequent SWOs for Non-Compliance with COVID-19 Safety Guidance If another SWO is issued, a new rescind request can be submitted in DOB NOW: Safety once the condition(s) has been corrected. The submission will be reviewed by DOB staff and cannot be professionally certified.
OATH Summonses Related to COVID-19 Safety Guidance SWOs In addition to a SWO, OATH summonses issued will carry an initial penalty of $5,000. Continued noncompliance may result in additional summonses with accompanying civil penalties of up to $10,000 for each offense. Rescission of the SWO does not resolve the OATH Summons that relates to the SWO. A Certificate of Correction request must be submitted to the Department’s Administrative Enforcement Unit (AEU) to resolve the OATH summons. For forms and information about resolving an OATH summons or certifying correction, visit www.nyc.gov/aeu or call (212) 393-2405.