City of East Orange, NJ
Essex County
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Table of Contents
Table of Contents
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.