Search warrant required for inspection - Exception

(a) For reasonable cause, the Secretary of the Department of Health may obtain from any court of record in the county where a dwelling or other property is located a search warrant permitting the secretary's designee to enter at all reasonable times upon any private or public property, including dwellings or dwelling units. Entry may be made for the purpose of determining whether or not a lead poisoning hazard or potential hazard exists, including the collection of samples of laboratory analyses, and to determine abatement compliance. However, entry onto or into any property under the jurisdiction and control of the United States Government shall be effected only with the concurrence of the United States Government or its designated representative. (b) Entry without a warrant may be made by an agent of the Department of Health if he or she reasonably believes that exigent circumstances exist posing a clear threat to the health of any person. Amended by Act 2019, No. 910,§ 5031, eff. 7/1/2019. Acts 1979, No. 896, § 4; A.S.A. 1947, § 82-740.

(a) For reasonable cause, the Secretary of the Department of Health may obtain from any court of record in the county where a dwelling or other property is located a search warrant permitting the secretary's designee to enter at all reasonable times upon any private or public property, including dwellings or dwelling units. Entry may be made for the purpose of determining whether or not a lead poisoning hazard or potential hazard exists, including the collection of samples of laboratory analyses, and to determine abatement compliance. However, entry onto or into any property under the jurisdiction and control of the United States Government shall be effected only with the concurrence of the United States Government or its designated representative.

(b) Entry without a warrant may be made by an agent of the Department of Health if he or she reasonably believes that exigent circumstances exist posing a clear threat to the health of any person.

Amended by Act 2019, No. 910,§ 5031, eff. 7/1/2019.

Acts 1979, No. 896, § 4; A.S.A. 1947, § 82-740.