All buildings and premises subject to this chapter
are subject to inspection from time to time by the Director of Air
Pollution Control 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; or
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 the prescribed hours; or
C.
There is reason to believe that a violation exists
of a character which is an immediate threat to health or safety, requiring
inspection and abatement without delay.
Where the Director of Air Pollution Control
or his duly authorized representative is refused entry or access or
is otherwise impeded or prevented by the owner or operator from conducting
an inspection of the premises, such person shall be deemed guilty
of a violation of this chapter.
A.
The Director of Air Pollution Control may, upon affidavit,
apply to the Judge of the Municipal Court of the City 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 or more of
the following:
(1)
That the premises require inspection according to
the cycle established by the City for periodic inspections of premises
of the type involved.
(2)
That observation of external conditions (smoke, ash,
soot, odors) of the premises and its public areas has resulted in
the belief that violations of this chapter exist.
(3)
Circumstances such as age and design of fuel-burning
equipment or system, types of incinerator, particular use of premises
or other factor which renders systematic inspections of such building
necessary in the interest of public health or safety.
B.
If the Judge of the Municipal Court is satisfied as
to the matter set forth in the affidavit, he shall 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.
Emergency inspections may be authorized without
warrant if the Director of Air Pollution Control has reason to believe
that a condition exists which poses an immediate threat to life, health
or safety. Such procedure shall only take place where the time taken
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-32. Where the Director or his agent
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.
