D.C. Mun. Regs. r. 12-A114
Strike Section 115 of the International Building Code and insert a new Section 114 in the Building Code in its place to read as follows:
Authority. Whenever the code official finds that any work on any premises is being performed in violation of the provisions of the Construction Codes or the Zoning Regulations, or in an unsafe or dangerous manner, the code official is authorized to issue a Stop Work Order.
Partial Stop Work Order. The code official is authorized to issue a partial Stop Work Order prohibiting certain types of work on the premises or all work in a particular area of the premises. A partial Stop Work Order shall specify in writing what activities and areas are within the scope of the partial Stop Work Order. If the code official provides a separate written authorization modifying the scope of work allowed under a partial Stop Work Order, the owner, owner's agent or person doing work on the premises posted with the partial Stop Work Order shall retain a copy of the written authorization. Unless otherwise expressly stated, the term "Stop Work Order" shall, for purposes of the Construction Codes, include a partial Stop Work Order.
Form and Content of Stop Work Order. The Stop Work Order shall be in writing, in a form prescribed by the code official. The Stop Work Order shall contain the following information:
No Stop Work Order shall be issued nor considered valid unless it contains all of the information specified in this section, and the signature of the issuing official.
Service of a Stop Work Order. The code official shall effect service of a Stop Work Order by one of the following methods:
Posting of Stop Work Order. Regardless of the manner of service of the Stop Work Order, the code official shall post the Stop Work Order in a conspicuous location, in or about the premises subject to the Stop Work Order.
Effect of Stop Work Order. Upon service of a Stop Work Order pursuant to Section 114.3, all construction activity on the premises, or the work specified in a partial Stop Work Order issued pursuant to Section 114.1.1, shall immediately cease until the Department issues an official written authorization lifting the Stop Work Order, or as otherwise provided for by the code official.
Access to Premises Covered by a Stop Work Order. Access to premises or portion thereof covered by a Stop Work Order shall be at the discretion of the code official.
Removal or Obstruction of a Posted Stop Work Order. Unauthorized removal or obstruction of a posted Stop Work Order is a violation of the Construction Codes, and is subject to the penalties provided in Section 113 and D.C. Official Code § 6-1406 (2018 Repl.), and the injunctive relief set out in D.C. Official Code § 6-1407 (2018 Repl.). The owner of the premises posted with a Stop Work Order, or the owner's agent, shall promptly notify the Department if the posted Stop Work Order has been removed, damaged or obstructed so that the Stop Work Order can be reposted.
Prior Written Authorization Required to Remove a Posted Stop Work Order. A posted Stop Work Order shall only be removed pursuant to an official written authorization from the Department. If a posted Stop Work Order is removed without the Department's official written authorization, the owner or the owner's agent shall notify the Department in accordance with Section 114.6, and no work shall be resumed until the Department reposts the Stop Work Order at the premises or issues an official written authorization lifting the Stop Work Order, or as otherwise provided by the code official.
Public Notice of Stop Work Order. The code official is authorized to make public, by publishing in a newspaper of general distribution, in the District of Columbia Register, or at the DCRA website, a list of the addresses where Stop Work Orders have been posted.
Failure to Comply with Stop Work Order. Any person who fails to comply with the terms and conditions of a Stop Work Order, or with the applicable requirements of Section 114, including, but not limited to, the unauthorized removal of a Stop Work Order, shall be in violation of the provisions of the Construction Codes, and shall be subject to civil and criminal penalties as set forth in Section 113.
Additional Sanctions Affecting Licensees. Failure to comply with a Stop Work Order shall constitute grounds for suspension, restriction or revocation of any license issued by the Department to the non-compliant Registered Design Professional in Responsible Charge, Special Inspector, general contractor, construction manager, or home improvement contractor. Failure to comply with a Stop Work Order by a D.C.-licensed tradesperson, including but not limited to the following, shall be grounds for referral of the licensee to the Board of Industrial Trades for disciplinary action, including license suspension or revocation:
Appeal of Stop Work Order. Appeals of Stop Work Orders shall be in accordance with Section 112.
Lifting of Stop Work Orders. The code official shall lift the Stop Work Order when he or she deems that the violations leading to imposition of the Stop Work Order have been corrected or abated to the satisfaction of the code official.
D.C. Mun. Regs. r. 12-A114