A stop work order can be issued for various reasons, and it is typically a step taken by the Town/Village or the Authority Having Jurisdiction (AHJ) to address specific concerns or violations on a construction site. Here are a few common reasons why a stop work order might be issued:
Safety Violations: If construction activities pose an immediate threat to public safety, workers, or neighboring properties, a stop work order may be issued until safety concerns are adequately addressed.
Building Code Violations: Non-compliance with building codes or zoning regulations can result in a stop work order. This may include issues related to structural integrity, setbacks, height restrictions, or other building code requirements.
Lack of Permits: Starting construction without the required permits or approvals is one of the most common reasons for a stop work order. Authorities will intervene to ensure that the project complies with all necessary regulations before construction continues.
Failure to Comply with Approved Plans: If construction deviates significantly from the approved plans, a stop work order may be issued. This ensures that the project adheres to the initially approved specifications.
Starting work without a permit is usually the primary reason a stop work order is issued in the residential setting. Building permits are required for most construction projects, and you should consult with your local building department before starting any work. Many times, a licensed architect will need to be retained to secure a building permit.
When must I employ an architect?
One of the FAQs on the NY State Education Department Office of the Professionals website addresses, “When must I employ an architect licensed and registered in NY? Their response:
“Generally, you will need the services of a licensed and registered design professional such as an architect any time you need the approval of a government agency or official for a construction project; these officials can only accept architectural plans and specifications signed and stamped with the seal of the architect. Check with that official to determine what you are required to submit. You will also need an architect when the complexity of the design of a project requires the skills of an architect or when the services fall within the legal definition of architecture.”[1]
Furthermore, “New York State laws require that all plans, drawing, and specifications relating to the construction or alteration of buildings or structures which must be filed with a building code official must be stamped with the seal of an architect or professional engineer (N.Y. Educ. Law § 7307 and Title 19 NYCRR Part1203.3(a)(3)(1)).[2]
Calling the local building department can be intimidating, and attempting to interface with bureaucracy can be daunting. However, do not rely on urban legend, hearsay, or your neighbor's well-meaning advice. Call the building department directly and ask your questions.
A stop work order equates to the loss of both time and money on a project. Ensure that a licensed architect is the owner of the firm that you hire to assist you in having the stop work order lifted. Call PKAD Architecture and Design today at (631) 828 – 8040 or click here, and we’ll contact you. We have a rapid response division to assist in lifting work orders and will have staff at your property in 3 business days or less to get you moving again at fair, transparent pricing.
[2] AIA New York State 2010, Architecture: What's Legal, What's Not