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 Cincinnati
 Code of Ordinances
 Title XI. CINCINNATI BUILDING CODE
 Chapter 1101. ADMINISTRATION

  § 1101-45. Right of Entry and Credentials.  

Latest version.

  • 1101-45.1 Right of entry: The employees of the department of buildings and inspections may enter upon a premises at any reasonable time in the performance of their duties in the enforcement of the CBC, except that no such employee shall enter a private portion of a premises until the employee has identified himself or herself and secured permission from the owner, occupant, or other person in control of the premises to enter such portion of the premises.

    1101-45.2 Credentials: Before entering upon a premises or while on a premises in the administration or enforcement of the CBC, an employee of the department of buildings and inspections shall show his or her department credentials upon request by the owner or person in control or occupants of the premises involved or by the contractor performing work on the premises.

    1101-45.3. Search warrants: In the event the owner, occupant, or person in control of a premises or a portion thereof refuses to permit an authorized employee of the department of buildings and inspections to enter upon a private portion of the premises, the employee shall obtain a search warrant before attempting to enter that portion of the premises. The employee shall also obtain a search warrant in the event that an owner, occupant, or person in control of a premises or a portion thereof otherwise refuses to comply with one or more provisions of the CBC, if compliance with the provision would constitute a search of a private portion of the premises.

    An authorized employee of the department of buildings and inspections must demonstrate probable cause to obtain a search warrant sought in connection with this section, provided that the employee may demonstrate probable cause with a showing of (i) specific evidence that a premises or portion thereof is affected by an existing code violation; or (ii) evidence that the warrant is sought in connection with the performance of a general inspection program, the premises or portion thereof is subject to the general inspection program, and the owner, occupant, or person in control has not complied with the requirements of the general inspection program. Notwithstanding the foregoing, nothing contained in this section shall be construed to expand, limit, or otherwise alter a judicial official's authority to consider any criteria the official deems relevant in his or her consideration of a warrant request made under this section.

    1101-45.4. No penalty: Notwithstanding any provision of the CBC or the Cincinnati Municipal Code to the contrary, no person who, having the right to do so (i) refuses to permit an authorized employee of the department of buildings and inspections to search a private portion of a premises, or (ii) otherwise refuses to comply with a provision of the CBC if compliance with the provision would constitute a search of a private portion of a premises, shall be subject to criminal or civil penalty as a consequence of exercising the right.

(Ordained by Ord. No. 67-1996, eff. Apr. 5, 1996; a. Ord. No. 418-2010, § 12, eff. Nov. 24, 2010; Emer. Ord. No. 329-2016, § 2, eff. Oct. 19, 2016)