In another thread I asked why not lobby for more adoption of article 80.
After reading article 80, specifically 80.13 I am sorry I said that.
I found most of article 80 to be shocking in how much power it gives an AHJ.
I will post a few sections and ask for others thoughts on this.
80.13(4) Police, fire, and other enforcement agencies shall have authority to render necessary assistance in the enforcement of this Code when requested to do so by the authority having jurisdiction.
80.13(5) The authority having jurisdiction shall be authorized to inspect, at all reasonable times, any building or premises for dangerous or hazardous conditions or equipment as set forth in this Code. The authority having jurisdiction shall be permitted to order any person(s) to remove or remedy such dangerous or hazardous condition or equipment. Any person(s) failing to comply with such order shall be in violation of this Code.
80.13(7) To the full extent permitted by law, any authority having jurisdiction engaged in inspection work shall be authorized at all reasonable times to enter and examine any building, structure, or premises for the purpose of making electrical inspections. Before entering a premises, the authority having jurisdiction shall obtain the consent of the occupant thereof or obtain a court warrant authorizing entry for the purpose of inspection except in those instances where an emergency exists. As used in this section, emergency means circumstances that the authority having jurisdiction knows, or has reason to believe, exist and that reasonably can constitute immediate danger to persons or property.
I can see it now, the police want to enter a building so they call the AHJ and ask if there might be electrical hazards inside that need correcting.
Am I overly paranoid or do others think this goes a little far?
Bob Badger Construction & Maintenance Electrician Massachusetts
U.S. Constitution, Amendment IV of the Bill of Rights:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
I agree that Article 80 seems a might overbroad.
#32021 - 12/13/0311:32 AMRe: No wonder Article 80 is not widely adopted.
I sure could have used 80.13(4) a few years ago. When the power company started requiring inspection of all service entrances, some people had a real hard time with the concept of doing code compliant work. I was actually threatened a few times when I red tagged an installation. I would have been a lot more comfortable on the follow up if I could have had a county sheriff go back with me.
As for the rest, maybe a little paranoia is a healthy thing.
Few things are harder to put up with than the annoyance of a good example.
#32022 - 12/13/0311:52 AMRe: No wonder Article 80 is not widely adopted.
Bob: The important thing to remember is that state law cannot circumvent federal law. Even if article 80 were adopted, the 4th amendment still applies for illegal search and siezure. Article 80 really need not be adopted. These are already aforded by the building code, and apply to electrical violations. There is a book called "legal aspects of code administration" that points out the differences between illegal serach and siezure and enforcing the code, and there is only a thin line...
Ryan Jackson, Salt Lake City
#32024 - 12/13/0301:28 PMRe: No wonder Article 80 is not widely adopted.
Bob: I couldn't agree more, the point I'm trying to make is that it is down-right alarming just how much power the building official and his/her authorized agents (inspectors) have.
Most of the violations that would warrant this type of search would be because of work being performed without a permit. With that in mind, these legal abilities are already there without adopting article 80.
Ryan Jackson, Salt Lake City
#32026 - 12/13/0309:24 PMRe: No wonder Article 80 is not widely adopted.
I would welcome any building inspector into my home, as I would a policeman, fireman, etc. I've nothing to hide, and they're on my side. Apathy will not help us...Let's keep this "silly" Saving the World stuff going.
#32028 - 12/14/0302:50 PMRe: No wonder Article 80 is not widely adopted.