# Stop Work Question R114.2



## TrishB (Dec 14, 2015)

If a building is served with a stop work order, but they have a permit to legally do other work (for instance in some Jurisdictions in Washington State a separate state electrical permit is required); would they be allowed to continue the other permitted work that wouldn't be covered under the Jurisdiction's authority?

Any citations would help


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## steveray (Dec 14, 2015)

Yes...you are only stopping the work that is a violation...IMO


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## mjesse (Dec 14, 2015)

Depends.

What does the stop work order say?

From 2009 IRC -

*SECTION R114 STOP WORK ORDER* 

*R114.1 Notice to owner. Upon notice from the **building official that work on any building or structure is being prosecuted contrary to the provisions of this code or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent or to the person doing the work and shall state the conditions under which work will be permitted to resume. *

*R114.2 Unlawful continuance. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.*


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## zigmark (Dec 14, 2015)

Trish-

I would agree with steveray and would add that if you look at it from the perspective of what the permit allows then it makes more sense that the stop work would only apply to that portion.

ZIG


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## joetheinspector (Dec 14, 2015)

I agree with Steveray

R105.3.1  Action on application

r105.4 Validity of permit

R105.6 Suspension or revocation

2009 IRC

. . . Permit to legally do work . . .


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## TrishB (Dec 14, 2015)

zigmark said:
			
		

> Trish-I would agree with steveray and would add that if you look at it from the perspective of what the permit allows then it makes more sense that the stop work would only apply to that portion.
> 
> ZIG


This was my take on it as well. Just reading R114.1 it does refer to work according to the code..but then R114.2 says "continue *any* work in or about the structure".  Any work seems pretty clear, it just seems that we can't regulate any work we have no jurisdiction to regulate...but then I get accused of being too liberal  

Thanks for the prompt feedback!


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## mtlogcabin (Dec 14, 2015)

You need to be very careful and specific when issuing a Stop Work Order.

Example I issued one to stop the installation of ceiling tiles on a suspended ceiling because a number of items above that ceiling had not been inspected. No problem or hassles since only one trade was affected and it did not slow other portions of the job down.

Another example I issued a stop work order for an entire 2 million dollar court house project against the county I was employed by because they did not have a bond in place as required by state law. I had the backing of the Clerk of Courts and the County Administrator. Everybody went home for 3 weeks till the bonding company was able to get it corrected.

My advice is use them sparingly  and wisely and as a last resort


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## tmurray (Dec 14, 2015)

mtlogcabin said:
			
		

> My advice is use them sparingly  and wisely and as a last resort


This is great advice. Inspectors have a tendency to get too excited when issuing stop work orders and expect that as soon as they arrive on site everyone drops their hammers and head home, but forget about the life safety element. Work generally needs to be done to make the structure relatively safe and it should be permitted by the inspector, or they might have a lawsuit on their hands. Our municipality would issue them for everything under the sun. When I arrived I would drop off an application (provided it complies with zoning) to a contractor doing work without a permit and informed them if they do not drop off the application within a week I will have to be back with a stop work order. I have never had to issue an order this way and any contractor I've done this to just gets permits now.


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## Kearney.200 (Feb 16, 2016)

I have been here 12 years and I think I've issued 3 of them and 2 of the 3 where taken care of by the end of the day. I had to use them as an attention getter  more than any thing else A.K.A. I'm not buffing


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