TITLE 4. THE PHILADELPHIA BUILDING CONSTRUCTION AND OCCUPANCY CODE
SUBCODE "A" (THE PHILADELPHIA ADMINISTRATIVE CODE)
SECTION A-504.0 STOP WORK ORDER
A-504.1 General: The department is authorized to issue
Stop Work Orders directing that erection, construction, alterations,
installation, repairs, removal, demolition and other activities cease
immediately and that the premises be vacated pending compliance with such orders
whenever:
1. Any structure or part thereof is found to be in a dangerous
or unsafe condition due to inadequate maintenance, deterioration, damage by
natural causes, fire, or faulty construction that it is likely to cause imminent
injury to persons or property.
2. Any erection, construction,
alterations, installation, repairs, removal, demolition or other activity is
being performed in or on any structure or premises, or part thereof, contrary to
accepted construction practices or in a dangerous or unsafe manner which
imperils life, safety or property, or constitutes a fire or health
hazard.
3. Any erection, construction, alterations, installation,
repairs, removal, demolition or other activity is being performed in or on any
structure or premises, or any part thereof, without required
permits.
A-504.2 Orders by the Department: The Stop Work Order shall be
in writing and shall describe the nature of the dangerous or unsafe condition,
the manner of correction and the conditions under which work can be resumed.
Where the department observes a condition which creates a hazard to life or
property requiring immediate action, an immediate oral order shall have the full
effect of the subsequent written order.
A-504.3 Service: The Stop Work
Order shall be served on the person from whom action, forbearance or compliance
is required and the owner of the premises. Upon notice of the Stop Work Order,
all work shall stop immediately and the premises shall be vacated and closed to
the public until there has been compliance with the terms of the Stop Work
Order.
A-504.4 Posting: The Stop Work Order shall be posted at every
entrance to the premises in conspicuous places clearly visible to the public.
The Stop Work Order shall remain posted on the premises until the required
repairs have been made, the dangerous and unsafe conditions eliminated and
required permits obtained.
A-504.5 Police assistance: The department
shall promptly notify the Police of the issuance of every Stop Work Order. The
Police, upon the request of the department, shall render assistance in the
enforcement of any Stop Work Order and shall have the right to enter the
premises for such purpose and to arrest anyone violating any Stop Work Order as
provided in this Section.
A-504.6 Permit revocation: The department, in
addition to issuing a Stop Work Order, shall have the option to revoke any
permits which have been previously issued. Revoked permits shall not be
reinstated except upon compliance with the terms of the Stop Work Order and
payment of required fees.
A-504.7 Prohibited conduct: It shall be a
violation of this Section for any person with knowledge of a Stop Work Order
to:
1. Continue any work in or about any structure or premises, or part
thereof, after a Stop Work Order has been issued, except work required to
correct the dangerous or unsafe conditions described in the Stop Work
Order;
2. Enter any structure or premises, or part thereof, on which a
Stop Work Order has been posted, except for the purpose of correcting the
dangerous or unsafe conditions described in the Stop Work
Order;
3. Permit any structure or premises, or part thereof, to be
occupied by the public until the Stop Work Order has been lifted by the
department;
4. Remove, damage, alter or deface any Stop Work
Order;
5. Resist or interfere with any inspector or other official in
the performance of their duties or the enforcement of any provision of this
section.
A-504.8 Penalties: Notwithstanding the provisions of Chapter 6
of this code, a violation of this section shall be punishable as
follows:
1. Any violation of this section shall constitute a summary
offense and any person upon conviction shall be subject to a fine of $300.00 for
each offense.
2. Any person who violates Section A-504.7 shall be
subject to immediate arrest by Police and issued a citation and summons in such
a manner as provided by the Pennsylvania Rules of Criminal Procedure applicable
in Philadelphia to summary offenses.
3. Each day of violation shall
constitute a separate offense for which the violator is subject to arrest,
citation and summons; and fine.