Requirements for Issuance
and Implementation of Stop Work Orders

Many times the issuance of a stop work order and enforcement of such order is outside the scope of the OBC. This article will detail the requirements in the Ohio Building Code regarding stop work orders. Section 114 (ORC 4101:1-1-14) covers stop work orders and is further broken down into three subsections:

114.1 Authority, 114.2 Issuance and 114.3 Unlawful continuance.

As covered in Section 114.1 When ever the building official finds work regulated by the OBC is being performed a manner contrary to the provisions of the code or in a dangerous or unsafe manner it is the responsibility of the building official to issue a stop work order or when the building official finds that the site preparations or structure to be constructed, or in the case of an industrialized unit, or that the use of an appliance, materials, assemblage, or manufactured product does not comply with the provisions of Chapters 3781 and 3791 of the Revised Code. The effect of the order shall be limited to the matter specified in the order. Only in extremely rare conditions would the authority be warranted to completely shut a project down. The order must be specific in stating what work must be stopped.

Section 114.2 covers the issuance and requires the order to be in writing to the owner or his duly authorized agent and the person(s) performing the work, stating the reason for the order and the conditions under which the work may resume. Upon issuance the cited work shall immediately cease. The stop work order is a legal document that may be appealed to the courts and must be executed following the requirements of the law.
Unlawful continuance of work as covered in Section 114.3, except such work required under the order, would be declared a public nuisance.

In summary, it is the Building Official that issues a stop work order and it is in writing as prescribed by the law. This is no different than many other events during the construction of a building that must be properly implemented and documented. It is not a threat to be used to get somebody to acquiesce to demands made. When it is used as the administrative code requires, it is a powerful tool to address a lack of code compliance or a potentially dangerous situation. When it is misused, it can cause a lack of respect for our office. With this in mind, hopefully we’ll all be reminded of the importance of properly using stop work orders.