Inspections; inspection warrants

(a)

Any duly authorized representative of the city's chief fire code enforcement official, or designee thereof, may, at any reasonable time, enter, monitor, sample, test and inspect, as often as may be necessary, any public or private, residential or nonresidential, owner-occupied or nonowner-occupied building for the purpose of:

(1)

Ascertaining and/or causing to be corrected any conditions which may contribute to a fire or any conditions which may endanger life and property due to fire;

(2)

Enforcing the provisions of this chapter, the Florida Fire Prevention Code, the rules and regulations of the state fire marshal; and

(3)

Investigating the cause, origin, circumstances of every fire occurring which is suspicious in nature or which involves the loss of life or injury to persons or by which property has been damaged.

(b)

No person shall refuse reasonable entry or access to a duly authorized representative of the fire prevention bureau who requests entry for any of the purposes set forth in subsection (a), above, and who presents appropriate credentials identifying himself/herself as such representative.

(c)

No person shall obstruct, hamper or interfere with any such inspection, entry, monitoring, testing or sampling.

(d)

An inspection, entry, monitoring, testing and sampling, pursuant to this section may be conducted only after the following:

(1)

Consent for the entry, inspection, testing, monitoring and sampling is received from the owner or person in charge of the property, place, dwelling, item, structure or premises.

(2)

An inspection warrant as provided in this section or by law is obtained.

(e)

An inspection warrant as authorized by this chapter may be issued by a judge of any county court or circuit court of this state which has jurisdiction of the property, place, dwelling, item, structure or premises to be searched.

(f)

Upon proper presentation by affidavit, an inspection warrant may be secured/issued pursuant to the provisions of this chapter and/or for the following causes shown:

(1)

When it is reasonable to believe that the property or item(s) to be inspected may be connected with or contain evidence of a violation of any of the provisions of this chapter, the Florida Fire Prevention Code, and the rules and regulations of the state fire marshal; or

(2)

When the inspection sought is an integral part of a scheme of systematic routine or area inspections or investigations based upon reasonable legislative or administrative standards and neutral criteria.

(g)

Prior to determining grounds for an inspection, the judge shall examine under oath or affirmation the applicant and any other witness(es) and shall satisfy himself or herself of the existence of cause as set forth in subsection (f) above, before granting such application.

(h)

If the judge is satisfied that cause for the inspection warrant exists, he or she may issue authorization for the inspection in writing, describing with particularity the property, place, dwelling, item, structure or premises to be inspected and designating on the warrant the purpose and limitations of the inspection.

(i)

An inspection warrant shall be effective for the time specified therein, but not for a period of more than 14 days unless it is extended or renewed by the judge who signed and issued the original warrant, upon satisfying himself or herself that such extension or renewal is in the public interest. Such inspection warrant must be executed and returned to the judge by whom it was issued within the time specified in the warrant or within the extended or renewed time. After the expiration of such time, the warrant, unless executed or extended, is void.

(j)

An inspection pursuant to an inspection warrant shall not be made by means of forcible entry, except that the judge may expressly authorize a forcible entry when facts are shown which are sufficient to create a reasonable suspicion of a violation which, if such violation existed or continued to exist, would be an immediate threat to life, health or safety, or when facts are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful.

(Ord. No. 10824, § 2, 1-10-91; Code 1980, § 19-25; Ord. No. 13201, § 2, 9-27-10; Ord. No. 13676, § 2, 4-27-17)