Right of Commissioner and Other Authorized Officials to Enter and Inspect Buildings and Premises

  1. Law
  2. Georgia Code
  3. Fire Protection and Safety
  4. Regulation of Fire and Other Hazards to Persons and Property Generally
  5. Right of Commissioner and Other Authorized Officials to Enter and Inspect Buildings and Premises

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  1. The Commissioner and the various officials delegated by him to carry out this chapter shall have the authority at all times of the day and night to enter in or upon and to examine any building or premises where a fire is in progress or has occurred, as well as other buildings or premises adjacent to or near the same. The Commissioner and his delegated authorities shall have the right to enter in and upon all buildings and premises subject to this chapter, at any reasonable time, for the purpose of examination or inspection.
  2. Upon complaint submitted in writing, the Commissioner and the various officials to whom enforcement authority is delegated under this chapter may enter in or upon any building or premises between the hours of sunrise and sunset for the purpose of investigating the complaint. Upon the complaint of any person, the state fire marshal or his deputized officials may inspect or cause to be inspected all buildings and premises within their jurisdiction whenever he or they deem it necessary.

(Ga. L. 1949, p. 1057, § 20.)

OPINIONS OF THE ATTORNEY GENERAL

Construction of O.C.G.A. § 25-2-22. - In construing the words "a complaint submitted in writing" with Ga. L. 1949, p. 1051, § 20 (see now O.C.G.A. § 25-2-22, in which they are contained, in its entirety and with the other sections (see now O.C.G.A. T. 25, C. 2), it appears clear that the complaint would have to allege a violation of one of those sections. 1963-65 Op. Att'y Gen. p. 349.

Authority of Commissioner to enter building.

- Upon written complaint to the Commissioner, that a building is in violation of O.C.G.A. T. 25, C. 2, or of the rules of the Commissioner, the Commissioner has authority to enter the building between sunrise and sunset to investigate the complaint pursuant to O.C.G.A. § 25-2-22. 1990 Op. Att'y Gen. No. 90-4.

Commissioner has no duty to inspect certain abandoned buildings.

- Abandoned building, which is three stories or less in height, which does not otherwise fall within the list of buildings in O.C.G.A. § 25-2-13 is not subject to inspection and licensing under O.C.G.A. § 25-2-12. The Commissioner therefore has no duty to inspect such a building. 1990 Op. Att'y Gen. No. 90-4.

Authority of the Commissioner to investigate potential fire hazards upon written complaint under O.C.G.A. § 25-2-22(b) is not limited to the buildings and premises listed in O.C.G.A. § 25-2-13, nor otherwise limited as to type of building or premises. 1990 Op. Att'y Gen. 90-4.

In order for a written complaint to provide a proper basis for an investigation by the Commissioner, the complaint should allege the existence of some fire hazard, and also must allege a violation of the rules and standards which have been established pursuant to the Commissioner's rule-making authority. 1990 Op. Att'y Gen. No. 90-4.

RESEARCH REFERENCES

C.J.S.

- 73A C.J.S., Public Administrative Law and Procedure, § 481 et seq.

ALR.

- Power to require closing of place of amusement or other place of public assembly because of fire hazard or unsanitary conditions, 140 A.L.R. 1048.

Liability of owner or occupant of premises to building or construction inspector coming upon premises in discharge of duty, 28 A.L.R.3d 891.

Municipal liability for negligent fire inspection and subsequent enforcement, 69 A.L.R.4th 739.


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