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Session Laws, 1986
Volume 768, Page 1273   View pdf image
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HARRY HUGHES, Governor

1273

(2)  THE APPLICANT HAS DEMONSTRATED THAT THE
INSPECTION OF THE PREMISES IS SOUGHT:

(I)  AS A RESULT OF EVIDENCE OF AN EXISTING
VIOLATION OF THIS ARTICLE, THE STATE FIRE PREVENTION CODE, OR A
LOCAL FIRE PREVENTION CODE, WHERE APPLICABLE; OR

(II)  AS A RESULT OF A GENERAL AND NEUTRAL
ADMINISTRATIVE PLAN TO CONDUCT FIRE PREVENTION INSPECTIONS;

(3)  THE OWNER, TENANT, OR OTHER INDIVIDUAL IN CHARGE
OF THE PROPERTY HAS DENIED ACCESS TO THE PROPERTY, OR AFTER
MAKING A REASONABLE EFFORT, THE APPLICANT HAS BEEN UNABLE TO
LOCATE ANY OF THESE INDIVIDUALS; AND

(4)  THE INSPECTION IS SOUGHT FOR SAFETY RELATED
PURPOSES.

(D)  AN ADMINISTRATIVE SEARCH WARRANT ISSUED UNDER THIS
SECTION SHALL SPECIFY THE PREMISES TO BE SEARCHED. THE
INSPECTION CONDUCTED MAY NOT EXCEED THE LIMITS SPECIFIED IN THE
WARRANT.

(E)  AN ADMINISTRATIVE SEARCH WARRANT ISSUED UNDER THIS
SECTION SHALL BE EXECUTED AND RETURNED TO THE JUDGE BY WHOM IT
WAS ISSUED WITHIN:

(1)  THE TIME SPECIFIED IN THE WARRANT, NOT TO EXCEED
30 DAYS; OR

(2)  IF NO TIME PERIOD IS SPECIFIED IN THE WARRANT, 15
DAYS FROM THE DATE OF ITS ISSUANCE.

(F)  ANY INFORMATION OBTAINED PURSUANT TO AN ADMINISTRATIVE
SEARCH WARRANT SHALL BE CONSIDERED AS CONFIDENTIAL AND MAY NOT BE
DISCLOSED EXCEPT:

(1)  TO THE EXTENT UTILIZED IN AN ADMINISTRATIVE OR
JUDICIAL PROCEEDING ARISING OUT OF A VIOLATION RELATING TO THE
PURPOSE FOR WHICH THE WARRANT WAS ISSUED AND WITHIN THE SCOPE OF
THE WARRANT; OR

(2) TO AN OWNER OR OCCUPANT OF THE PREMISES.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act Shall
take effect July 1, 1986.

Approved May 13, 1986.

 

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Session Laws, 1986
Volume 768, Page 1273   View pdf image
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