68-131-403 - Inspections Where lead-based paint activities have occurred or are being conducted Warrants.
68-131-403. Inspections Where lead-based paint activities have occurred or are being conducted Warrants.
(a) The commissioner and the commissioner's designated staff have the authority to enter the business premises of persons and firms certified to engage in lead-based paint activities during business hours upon presenting credentials identifying themselves as employees of the department.
(b) The commissioner and the commissioner's designated staff shall have the authority to enter any structure, including residences, where lead-based paint activities have occurred, or are being conducted, for the purpose of determining compliance with lead-based paint abatement requirements, provided they either:
(1) Obtain the consent of the owner or an adult occupant of the premises after presenting credentials identifying themselves as employees of the department; or
(2) Apply for and obtain a warrant from a court with jurisdiction, which shall be issued by the court upon a showing of probable cause that the inhabitants of the dwelling are likely to suffer adverse health effects from continued exposure to a lead-based paint hazard.
[Acts 1999, ch. 385, § 2.]