[1987 Revision]
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 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.
[1987 Revision]
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, as amended and supplemented.
[1987 Revision]
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 code and subject to the penalties hereunder.
[1987 Revision]
The Director may, upon affidavit, apply to the
Judge of the Township of Bernards Municipal Court for a search warrant
setting forth factually the actual conditions and circumstances that
provide a reasonable basis for believing that a violation of the code
may exist on the premises, including one or more of the following:
a.
That the premises require inspection according to
the cycle established by the township for periodic inspections of
premises of the type involved.
b.
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 code exist.
c.
Circumstances such as the age and design of the fuel-burning
equipment and/or system, type of incinerator, particular use of the
premises or other factors which render systematic inspections of such
buildings necessary in the interest of public health and safety.
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If the Judge of the Township of Bernards Municipal
Court is satisfied as to the matter set forth in the affidavit, he
shall authorize the issuance of a search warrant permitting access
for an inspection of that part of the premises on which the nuisance
or violation may exist.
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[1987 Revision]
All buildings and premises subject to this code
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 is 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 be determined and proved by inspection only
during other than the 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.
