The New York City Department of Buildings announced that starting Wednesday, July 8, 2020, it would resume issuing violations and penalties of $5,000.00 per violation with the potential for a Stop Work Order for sites which do not comply with the New York State Phase One Reopening procedures. Continued non-compliance will result if penalties of up to $10,000 for each offense and are more likely to receive a Stop Work Order. This change was previously announced, and comes from the existing policy, began June 8, 2020, when non-essential, non-emergency work was permitted to resume in New York City. Until July 8, 2020, the Department’s write-ups were strictly advisory.
The Department also specifically highlighted that it would issue a Stop Work order if the Safety Plan and State Affirmation of compliance with reopening requirements were not conspicuously displayed or if the site lacks a property handwash/hygiene station. Specifics of what is required can be found in the Construction Master Guidance, the “Dos and Don’ts”, and the What to Know documents.
Finally, while you must ensure the health of your own construction site personnel, Department inspectors are required to continuously self-monitor for COVID symptoms and must be permitted access to a site. Preventing their access will result in a Stop Work Order.
As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication.