Part 2 — Administration
34 Inspections
issued under this Act are complied with, a safety codes officer may,
without a warrant, at any reasonable time, enter any premises or
place, except a private dwelling place that is in use as a dwelling, in
which the officer has reason to believe there is something to which
this Act applies and may, using reasonable care, carry out an
inspection, review designs and examine and evaluate quality
management systems and manufacturing and construction
processes.
(2) For the purpose of ensuring that this Act and any thing issued
under this Act are complied with, a safety codes officer may, at any
reasonable time and on reasonable notice, enter a private dwelling
place that is in use as a dwelling in which the officer has reason to
believe there is something to which this Act applies and, using
reasonable care, may carry out an inspection and review designs
(a) with the consent of the owner or occupant, or
(b) with a warrant from a justice.
RSA 2000
(3) On entering a premises or place, a safety codes officer shall, on
request, produce identification in accordance with the regulations
and provide advice on the powers to carry out inspections, review
designs and examine and evaluate quality management systems and
manufacturing and construction processes.
(4) In carrying out an inspection, review, examination or
evaluation under this Act, a safety codes officer may
(a) be accompanied by a poli ce officer, a peace officer or any
other person or with any thing that the safety codes officer
considers appropriate,
(b) inspect, review, examine and evaluate any thing, process or
activity to which this Act applies and photograph or
otherwise record any thing, process or activity that the
safety codes officer considers would be of assistance,
(c) require any person on the premises or at the place to be
interviewed and to make full disclosure either orally or in
writing about any matter concerning any thing, process or
activity to which this Act applies,
(d) if necessary for safety reas ons and on providing notice when
practical, temporarily close or disconnect, or require
temporary closure or disconnection of, any thing, process or
activity to which this Act applies for the purpose of making
the inspection, review, examination or evaluation, and
(e) review, perform or require to be performed any tests and
evaluations the safety codes officer considers necessary on
any thing, process or activity to which this Act applies and
remove any thing, if necessary, for the purpose of having
tests or evaluations performed.
(5) The owner or occupier of premises or a place or thing shall
ensure, during an inspection, review, examination or evaluation,
that
(a) on the request of a safety c odes officer, there is a person in
attendance who is capable of taking all the necessary
precautions and providing reasonable assistance to ensure
the safety of the safety codes officer, and
(b) any necessary safety equipment, including but not limited to
that requested by a safety codes officer, is immediately
available for the officer's use.
RSA 2000
(6) A safety codes officer who has reviewed, detained or removed
any thing shall, on completion of the inspection, review,
examination or evaluation, return the thing to the person entitled to
it unless it is impossible, unsafe or impractical to return that thing.
(7) On completion of an inspection, review, examination or
evaluation, the safety codes officer may provide, to the owner,
occupier, vendor, contractor, manufacturer or designer, advice or a
report on the thing, process or activity that was inspected,
reviewed, examined or evaluated.
(8) Notwithstanding subsection (6), a safety codes officer may,
(a) on obtaining a warrant, or
(b) without a warrant if the sa fety codes officer believes on
reasonable and probable grounds that it is not practical to
obtain a warrant because the necessary delay may result in
the loss of evidence,
detain or remove for the purposes of evidence any thing that the
officer discovers during an inspection, review, examination or
evaluation that the officer believes on reasonable and probable
grounds may provide evidence of the commission of an offence
under this Act.
RSA 2000 cS-1 s34;2015 c10 s17