Section 34-43-1 – Definition of inspection warrant.
34-43-1. Definition of inspection warrant. An inspection warrant is a written order in the name of a county or municipality signed by a magistrate judge or circuit court judge, directed to a county or municipal official, commanding him to conduct any inspection required or authorized by state or local law or regulation relating to building, […]
Section 34-43-2 – Affidavit in support of warrant–Contents–Notice where prior consent refused.
34-43-2. Affidavit in support of warrant–Contents–Notice where prior consent refused. An inspection warrant may be issued only upon cause, supported by an affidavit, particularly describing the place, dwelling, structure, or premises to be inspected and the purpose for which the inspection is to be made. The agency shall demonstrate that the inspection is one that […]
Section 34-43-3 – Cause to issue warrant–Legislative or administrative standards satisfied or condition of nonconformity.
34-43-3. Cause to issue warrant–Legislative or administrative standards satisfied or condition of nonconformity. Cause shall exist if either reasonable legislative or administrative standards for conducting a routine or area inspection are satisfied with respect to the particular place, dwelling, structure, or premises, or there is reason to believe that a condition of nonconformity exists with […]
Section 34-43-4 – Examination of applicant and other witnesses by magistrate or judge.
34-43-4. Examination of applicant and other witnesses by magistrate or judge. Before issuing an inspection warrant, the magistrate judge or circuit court judge may examine on oath the applicant and any other witness and shall satisfy himself of the existence of grounds for granting such application. Source: SL 1986, ch 290, §4.
Section 34-43-5 – Issuance of warrant by magistrate or judge–Description of premises, purpose, and limitations of inspection.
34-43-5. Issuance of warrant by magistrate or judge–Description of premises, purpose, and limitations of inspection. If the magistrate judge or circuit court judge is satisfied that cause for the inspection exists, he shall issue the warrant particularly describing each place, dwelling, structure, or premises to be inspected and designating on the warrant the purpose and […]
Section 34-43-6 – Duration of effectiveness of warrant–Extension or renewal–Return to magistrate or judge–Void after expiration.
34-43-6. Duration of effectiveness of warrant–Extension or renewal–Return to magistrate or judge–Void after expiration. An inspection warrant is effective for the time specified therein, but for no more than fourteen days, unless extended or renewed by the magistrate judge or circuit court judge who signed and issued the original warrant, upon satisfying himself that such […]
Section 34-43-7 – Prohibited inspections–Exceptions.
34-43-7. Prohibited inspections–Exceptions. An inspection made pursuant to a warrant authorized by §§34-43-1 to 34-43-8, inclusive, may not be made between six p.m. of any day and eight a.m. of the succeeding day, nor in the absence of an owner or occupant of the particular place, dwelling, structure, or premises unless specifically authorized by the […]
Section 34-43-8 – Refusal to permit inspection by warrant as misdemeanor.
34-43-8. Refusal to permit inspection by warrant as misdemeanor. Any person who willfully refuses to permit an inspection lawfully authorized by a warrant issued pursuant to §§34-43-1 to 34-43-8, inclusive, is guilty of a Class 2 misdemeanor. Source: SL 1986, ch 290, §8.