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July 8, 2020

FROM: Steven Davi

Steven N. Davi

Executive Director and General Counsel

COVID-19 Update: NYCDOB Stepped-Up Enforcement Effective Today

Further to our advisories and bulletins over the past several days, please be reminded beginning today, July 8, non-compliance with COVID-19 safety guidance will result in the issuance of violations from the New York City Department of Buildings carrying a minimum $5,000 penalty and may also result in the issuance of a Stop Work Order depending on the nature of non-compliance.  In particular, the Department is now advising that failure to have either a COVID-19 safety plan, affirmation, or hand-hygiene station on site will result in the issuance of a Stop Work Order

The Department also advises that beginning today, the resolution of any violation for non-compliance with COVID-19 safety guidance will require the submission of a Certificate of Correction to the Department that “includes a statement or evidence that the violation was remedied.”  See www.nyc.gov/aeu for more information on resolving a violation.  

In this regard, the Department has established a web portal in DOB Now: Safety to accept requests for rescission of COVID-19 safety guidance Stop Work Orders.  A Department Service Notice issued yesterday provides detailed instructions regarding the process for seeking rescission of COVID-19 safety guidance Stop Work Orders.  Among other requirements, evidence such as photographs will need to be uploaded to the web portal to show the conditions precipitating the Stop Work Order have been corrected.  Once the Department confirms by administrative review that the underlying deficiencies have been corrected, the Stop Work Order will be rescinded.  The Department advises it will be performing re-inspections “on a percentage” of sites to ensure compliance following the rescission of a COVID-19 safety guidance Stop Work Order. 

The Department’s updated attached FAQ provides additional information regarding the process for seeking recission of COVID-19-related Stop Work Orders in DOB NOW.

 

We will continue to provide updates on any and all material developments in this regard as they occur.

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