(a) A fire official making an investigation of a fire occurring in the City at any time of the day or night may enter upon and examine any building or premises where a fire has occurred, and other buildings and premises adjoining or near thereto, without a warrant, where such entry is for purposes of investigating the cause of the fire, is made immediately after a fire is extinguished and continues without substantial interruption, except where the interruption is due to darkness or climatic conditions making unreasonable the continuation of the investigation without interruption.
(b) Whenever necessary for the purpose of enforcing the provisions of this Fire Prevention Code, or whenever the fire official has reasonable cause to believe that there exists in any structure or upon any premises any condition which makes such structure or premises unsafe, the fire official may enter such structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the fire official by this Fire Prevention Code, provided that if such structure or premises are occupied, he or she shall first present proper credentials and request entry. If such entry is refused, the fire official may request an order from the Mayor ordering the responsible person to allow entry of the fire official. The request shall be in writing, made under oath, specifically describing the premises sought to be entered and the reason therefor and stating that the responsible person refused entry, upon the request of the fire official, and the date and time of such refusal.
(c) The Mayor shall have the power to order the responsible person to permit entry of the fire official for the purposes set forth in this section. Refusal to comply with such an order shall be deemed a contempt of an order of the Mayor and punishable by him or her as such.
(d) Upon being denied the right of entry as set forth in subsection (b) hereof, the fire official may also seek a warrant to inspect for suspected violations of this Fire Prevention Code and dangerous or hazardous conditions from a court of competent jurisdiction. The Solicitor shall represent the fire official before the court in seeking such warrant.
(Ord. 28-1987. Passed 5-11-87.)