Issuance of an order to stop construction operations by the supervisor
First part: Description of the problem
The phrase “stopping construction operations” is different from the phrase “against” and it is necessary for the supervisor to be careful in using this phrase in his reports.
It is worth noting that the term “contrary” does not necessarily mean the stop of construction operations, but if the supervisor has used the term “stop construction operations” in the description section of the report, the local municipality will take action to prevent the continuation of construction operations.
With the stoppage of construction operations, many owners or builders take action to correct the problems announced by the inspector so that the inspector informs the local municipality that the construction operations are unhindered. But in some cases, the owners complain to the supervisor in the police and judicial authorities for prolonging the project and causing financial damage, and sometimes the supervisor is sentenced to pay the damages!
With the above explanation, the question arises whether the supervisor can legally issue an order to stop construction operations?
To answer the above important question, it is necessary to review some legal provisions related to the subject:
1- The supervisor’s duty, according to Note 7, Article 100 of the Law on Municipalities, is to continuously monitor the compliance of the building with the specifications contained in the license and the drawings and technical calculations attached to it and the certificate of compliance of the building with the license and the plan and technical calculations at the end of the work, and if in the project If the implementation of construction operations is not like this, the inspector must report to the municipality the cases of non-compliance of the implementation operations with the specifications contained in the permit and the drawings and technical calculations attached to it while declaring the violation.
As you can see, Article 100 of the Law on Municipalities does not include the authority to stop work for the supervisor.
2- In Article 7 of the construction site safety regulations, it is stipulated {the channel with the building supervisor} that whenever the supervisor observes defects related to the way construction operations are carried out, which may involve the risk of an accident, he must immediately report the situation along with The necessary guidelines and instructions should be notified to the employer in writing and a copy of it should be submitted to the labor and social affairs unit of the location and the authority for issuing the building permit, and the employer is obliged to immediately stop the work in all or part of the workshop that is subject to a defect and danger notification. stopped and took the workers away from the danger area and took appropriate measures to eliminate the danger.
Therefore, in Article 7 of the construction site safety regulation, the supervisor is implicitly authorized to issue an order to stop construction operations until the risk is removed, when there is a risk of an accident occurring in the construction site.
continues.
Cultivating reference writing; Preparation and arrangement: along with the supervisor.
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This post is written by Archiiiitecture