Stop-work-order scope and continued activity: NYC DOB 28-207.2.2 / OATH summons 39203438H
Original inspector allegation — verbatim available export
ATOI, OBSERVED WORKERS ACTIVELY WORKING ON A NEWLY CONSTRUCTED STAIRWAY AND CUTTING WOOD AT THE PREMISES AGAINST TO STOP WORK ORDER (SWO)., COMPLY WITH STOP WORK ORDER
Source limit: Source reference: NYC OATH/DOB summons 39203438H; BIN 3173002; export issue date 09/09/2026. The earlier export status was ACTIVE; obtain current status from DOB or OATH. The CSV contains a respondent mailing address, which is not presumed to identify the inspected property. This is the entire description available in the supplied export, not a certified full summons, inspector notes or evidentiary exhibits. The export field may still omit pages, attachments or context contained in the actual summons.
Get the complete, authentic notice: search summons 39203438H in OATH Summons Finder instructions (download actual summons) and download the actual summons; review DOB records in NYC DOB records search. Never substitute the editorial discussion below for the inspector’s words.
Charge classification: law controls; keywords do not
Recorded citation: 28-207.2.2; recorded infraction: 112. Primary legal issue: stop-work-order violation. Interpretive issue: Work in violation of a Stop Work Order. AC 28-207.2.2 prohibits continuing, authorizing or facilitating work covered by a Stop Work Order with knowledge or notice of the order.
What must be tested: Determine the SWO scope, effective date, notice, precise work activity after notice, rescission history and contemporaneous jobsite evidence.
Possible exceptions and legal limitations: Commissioner-authorized work to remedy a hazardous condition may be treated differently. An issued work permit by itself does not rescind an active SWO. Eligibility is not established merely because the excerpt uses a word such as “repair”, “permit”, “cellar”, or “occupied”. Refer to DOB Stop Work Orders.
Specific conditions mentioned in this inspector wording
1. Stop-work-order scope and continued activity
Investigative test: Map the limits of the order and the precise trade/operation allegedly continuing after effective notice.
Evidence matched to this issue: Actual posted/order document, service/notice history, contemporaneous activity photos, job logs and rescission status.
Boundary / potential counterexample: A permit does not lift the SWO; evaluate narrow authorization for emergency protection separately.
2. Structural and interior building component
Investigative test: Pin down floor, room and assembly; inspect dimensions, connections, condition and impact on fire separation or egress.
Evidence matched to this issue: Floor plan, measured photos, licensed design-professional report if structural, approved drawings and after-work inspection.
Boundary / potential counterexample: Structural work and cosmetic repair have different approval burdens; the inspector wording alone may not establish the distinction.
Inspector wording mapped to testable facts
Passage 1 — OBSERVED WORKERS ACTIVELY WORKING ON A NEWLY CONSTRUCTED STAIRWAY AND CUTTING WOOD AT THE PREMISES AGAINST TO STOP WORK ORDER…
This recorded passage identifies a question about stop-work-order scope and continued activity, not a proven final determination. Map the limits of the order and the precise trade/operation allegedly continuing after effective notice. A permit does not lift the SWO; evaluate narrow authorization for emergency protection separately.
Identifiers, locations, measurements and chronology to verify
No uniquely parseable earlier summons number, permit number, date, exposure or measurement is established by this excerpt. The full notice and building profile should supply the missing keys; do not invent them.
Case-specific correction decision tree
Branch A — covered work continued after notice: stop it and address any immediate danger; document cessation and seek lawful SWO rescission. Branch B — alleged activity falls outside the order: compare location/trade against the signed order. Branch C — emergency work is asserted: produce explicit Commissioner authorization and contemporaneous safety records, not just a contractor invoice.
First targeted evidence collection: Actual posted/order document, service/notice history, contemporaneous activity photos, job logs and rescission status. This is an investigative request, not a claim that the work or evidence already exists.
Editorial closure of the shortened allegation — NOT source text
The visible description does not show the same clear character-limit truncation flag, but additional pages or attachments may still exist. No editorial sentence is treated as part of the inspector’s wording.
Response, certification and closing evidence
A hearing defense, correction of the underlying condition, a DOB AEU Certificate of Correction and payment of an imposed penalty are distinct questions. Retrieve the summons and confirm the OATH hearing or outcome and DOB violation status. Under current DOB guidance, Certificate of Correction review requests are made in DOB NOW: Safety → Violations & Notices of Deficiency; submitter/certifier signatures and evidence requirements are case-specific. Refer to Certificate of Correction instructions.
Source record limitations: The dataset does not authenticate who inspected the property, why inspection started, whether a defense succeeded, which contractor made repairs or whether AEU later accepted a correction. Do not turn this example into a claimed client success story or an invented inspection history.
Primary authority and fact-check links
- OATH Summons Finder instructions (download actual summons) — enter summons 39203438H and obtain the signed notice.
- DOB Stop Work Orders — verify law wording and any exception.
- BIS / DOB NOW record limitations — older BIS violations may not be in DOB NOW.
- Certificate of Correction instructions — review current COC procedure, signatures and evidence.
Related library and official records
Official sources: Search DOB records · DOB summonses · Certificate of Correction FAQs · OATH hearing options · Construction codes
Need a resolution plan tied to the full summons?
Building Violation LLC can review the violation wording, permits, drawings, correction evidence and available OATH hearing procedures. A web example is not a determination of compliance for any property.