All buildings and premises subject to this chapter are subject to inspection
from time to time by the Director or his duly authorized representatives.
All rooms and areas in the building shall be available and accessible for
such inspection which shall be made during usual business hours if the premises
are used for nonresidential purposes; provided, however, that inspections
may be made at other times if:
A.
The premises are not available during the foregoing hours
for inspection;
B.
There is reason to believe that violations are occurring
on the premises which can only be apprehended and proved by inspection during
other than prescribed hours; or
C.
There is reason to believe a violation exists of a character
which is an immediate threat to health or safety requiring inspection and
abatement without delay.
Emergency inspections may be authorized without warrant if the Director
has reason to believe that a condition exists which poses an immediate threat
to life, health or safety. Such procedure shall take place only where the
time required to apply for and secure the issuance of a warrant would render
ineffective the immediate action necessary to abate the condition. Emergency
inspections may also be authorized by the Governor in times of air pollution
emergencies in accordance with N.J.S.A. 26:2C-30 and N.J.A.C. 7:27-12.2. Where
the Director or his duly authorized representative is refused entry or access
or is otherwise impeded or prevented by the owner, occupant or operator from
conducting an inspection of the premises, such person shall be in violation
of this chapter and subject to the penalties hereunder.
A.
The Director may, upon affidavit, apply to any Judge
having authority for a search warrant setting forth factually the actual conditions
and circumstances that provide a reasonable basis for believing that a nuisance
or violation of this chapter may exist on the premises, including one (1)
or more of the following:
(1)
That the premises requires inspection according to the
cycle established by the Director for periodic inspections of premises of
the type involved.
(2)
That observation of external conditions (for example,
smoke, ash, soot, odors) of the premises and its public areas has resulted
in the belief that a violation of this chapter exists.
(3)
Circumstances such as age and design of fuel-burning
equipment and/or system, types of incinerator, particular use of premises
or other factors which renders systematic inspections of such buildings necessary
in the interest of public health and safety.
B.
If said Judge is satisfied as to the matters set forth
in said affidavit, he may authorize the issuance of a search warrant permitting
access to and inspection of that part of the premises on which the nuisance
or violation may exist.
