Duplicate Medeco key

Eminent domain does not mean a fire inspector has the right to make unannounced visits to someone's apartment. Eminent domain is a process where the government can take private property for public use after paying just compensation.

A landlords rights are secondary to the tenants rights. As an example a tenant has the right to forbid the landlord entry, and can have the landlord arrested for trespass if the tenants wishes are violated.

The landlords remedy is to evict a tenant that refuses entry but baring a bona fide emergency must stay out. Of course in a bona fide emergency you would be hard pressed to charge a noisy neighbor with trespassing or breaking and entering if there was smoke coming out of your house and he had a fire extinguisher in hand.

Reply to
Roger Shoaf
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responsibilities...

In order for that to be the case the health inspector would have to have to show not only that he suspected that Typhoid Mary was living in your house, but the time to get a warrant would cause great public harm.

Might be true for a public establishment like a restaurant but not your home.

Reply to
Roger Shoaf

No, germany.

regards - Ralph

Reply to
Ralph A. Schmid, DK5RAS

Getting a little off thread here but can't help it.

In California, anyway, when the fire marshal shows up on your business doorstep and wants to do a fire inspection you can tell him no. Period. He has no right to force the issue unless he sees fire or smells smoke or something like that. What he will do then is to go to the district attorney and get an inspection warrant. He will then enlist some help from a couple of deputy marshals, the health department, probation, building department, etc., and the whole gang will come back to do the inspection. This inspection will be during normal business hours of course. You cannot then refuse the warrant. If you try to prevent the inspection, the marshals are there to arrest you.

Reply to
Pumper Hinkle

Two questions here:

  1. If you are at work etc what are the arrangements assuming the occupier will reasonably co-operate?

  1. Does the marshall have the right to use the landlord's or manager's key or masterkey for an unannounced inspection where no warrant has been issued?

Reply to
Peter

When the Fire Inspector, whether the local Engine boys or a full-time inspector, comes to to the annual routine inspection, they are to introduce themselves, state the purpose of their visit (routine fire inspection) and ask permission to conduct that inspection.

Mostly this technicality gets a little garbled. Most business owners think they are required to allow admittance. Many fire guys feel they don't have to ask permission to enter and can just come in and wander about. The training I received, as an inspector was quite specific. I was required to ask permission to enter and conduct an inspection and the property owner could deny me permission to enter.

There are times when it is just absolutely inconvenient for the property owner to drop what he is doing and cater to the wishes of the fire guys. It is absolutely reasonable to ask them to come back another time.

With regard to keys. It is reasonable for the fire guys to ask for a guide, with keys, to accompany them on their inspection. It is unreasonable for them to ask the owner for a pass key and they have no particular right to wander about the premises unescorted.

Residential premises (apartments) are somewhat different. California law prohibits the owner from entering individual apartments except by appointment or in emergencies. The fire guys will want to randomly inspect the operation of required smoke detectors, usually a random 10% of the units per year. In some complexes there will be a number of vacancies. That plus just knocking on some doors and asking if they might check the smoke detectors will usually do the trick.

The routine fire inspections should never deterioriate into an adversarial situation between the fire dept and the property owner/manager. Each must understand the rights and responsibilities of the other. The fire dept has the responsiblity, by the fire code, to conduct inspections. The property owner can insist on them getting a warrant (not really a good idea) or at least coming at a mutually convenient time ( a much better idea).

PH

Reply to
Pumper Hinkle

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