Policing the industry

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In NYS, the only time an inspector can enter property without a warrant or permission is during a fire that is being battled by the fire department.
If the FD calls the inspector and requests them on the site, as long as the FD has not left the property, the inspector can enter the property without the warrent or permission.
Otherwise permission or a warrant are necessary.
There is one other way. If the rentor is there and provides uncoerced access, then the inspector can enter also, it would not be necessary to gain permission from the property owner. but the inspector can only inspect where the renter rents, no other portion of a building. I believe that falls under Title 318, bla bla bla of the State law. I will look that up later.
 

charlietuna

Senior Member
South Florida
Commercial businesses require an occupational license. Under this license is where the fire marshalls inspect mainly for life safety issues--lighting,exit fixture,building access,functioning fire alarm system and logs. Little by little the fire inspection exposed many electrical problems.

Then they created a "THIRTY YEAR" building inspection. As commercial buildings reached thirty years of age the owner was notified to get this inspection. And it required all the normal construction inspections-electrical-plumbing-mechanical-etc.. At this point these buildings were required to be brought up to the present building codes. And of course this meant major investments by the building's owner. The first time i got involved in one of these jobs, i was discussing it's purpose with as building official. He told me it was a tool to get older buildings knocked down!!!
 

cowboyjwc

Moderator
Staff member
Location
Simi Valley, CA
In NYS, the only time an inspector can enter property without a warrant or permission is during a fire that is being battled by the fire department.
If the FD calls the inspector and requests them on the site, as long as the FD has not left the property, the inspector can enter the property without the warrent or permission.
Otherwise permission or a warrant are necessary.
There is one other way. If the rentor is there and provides uncoerced access, then the inspector can enter also, it would not be necessary to gain permission from the property owner. but the inspector can only inspect where the renter rents, no other portion of a building. I believe that falls under Title 318, bla bla bla of the State law. I will look that up later.

In CA if "anyone" lets you in (other than a minor) you may perform the inspection. I forget the actual leagal name, but it has to do with who ever let you in is believed to have control of the property.
 

nhfire77

Senior Member
Location
NH
Around here you could probably get away with that a time or two until they started to recognize you at the permit desk. Here's a couple of quotes from the permit request:

"Homeowners Affidavit
I hereby certify the electrical work described on this permit application shall be installed by myself in my own single family dwelling in which I am living or about to occupy. All work shall be installed in accordance with the State Electrical code and shall not be enclosed, covered up, or put into operation until it has been inspected and approved by the County Electrical Inspector. I will cooperate with the county electrical Inspector and assume the responsibility to arrange for necessary inspection."

And:

"APPLICANT SIGNATURE
Section 23A of the State Construction Code Act of 1972; 1972 PA 230, MCL 125.1523A, prohibits a person from conspiring to circumvent the licensing requirements of this state relating to persons who are to perform work on a residential building or a residential structure. Violators of Section 23A are subjected to civil fines."

The local EI also told me that, under a homeowners permit, the work has to be done by the homeowner. You can't hire someone else, even a licensed electrican or contractor, to work on it.


I don't see a conflict, I was "about to occupy' the home, then I changed my mind. I change my mind all the time, there was not malicious or subversive intent.
 
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nhfire77

Senior Member
Location
NH
It's actually in Article 89 of the California Electrical Code, though our city did not adopt that Article. It used to be in the Uniform Administrative Code which we did adopt in whole.

That is code is awful. I never had a reason to dislike California, now I do, you can have it! I will keep my Property Rights TYVM.
 

powerslave

Senior Member
Location
Land of Lincoln
Actually, you made a choice to make the call. You have no general obligation to report these kind of things, short of some kind of local rule that requires you to rat people out in these circumstances.

I am not suggesting you made the wrong choice. just that you did indeed make a choice. Pretending otherwise is not being honest.

I didn't mean to touch a nerve by "ratting out" someone who is breaking the law. Please accept my apology.

But you're right, I guess I made the choice like I make the choice to follow the rest of the laws and city ordinances where I live. You may not make that choice. It is up to you.:smile:
 

mivey

Senior Member
I didn't say they couldn't still shoot you, I just said that we had right of entry. :D
I guess the key is being let in.

If there are some soldier-of-fortune-wannabee inspectors that think a permit is like a no-knock 24/7 warrant, they must not plan to be around very long, because someone is eventually going to explain the Constitution to them in layman's terms.

I don't see a conflict, I was "about to occupy' the home, then I changed my mind. I change my mind all the time, there was not malicious or subversive intent.
IMO, as long as the local authority doesn't really care too much (true in a lot of places), they will let people get away with playing games. When they train the scope on this type of activity, the games will stop.
 

resistance

Senior Member
Location
WA
Gee. I can't image why you would feel bad about turning someone in for breaking the law. I mean, what would the alternative be?































































Housefire.jpg

Oh.......... right. That! I forgot.​


So true!! :rolleyes::rolleyes:
 
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