310 CMR 11.03 - Inspection - Interference

(1) Inspection. In order properly to carry out their respective responsibilities under 310 CMR and properly to protect the health, environment and well-being of the people of the Commonwealth, the board of health and the Department of Environmental Quality Engineering or the authorized agent or representative of either are authorized to enter, examine, or survey at any reasonable time such places as they consider necessary, and otherwise to conduct such examination or survey as is expressly provided in any other title.

(2) Interference. If any owner, occupant, or other person refuses, impedes, inhibits, interferes with, restricts, or obstructs entry and free access to every part of the structure, operation or premise where inspection authorized by 310 CMR is sought, the board of health or the Commissioner of the Department of Environmental Quality Engineering or the authorized agency or representative of either may:

(a) seek in a court of competent jurisdiction a search warrant so as to apprise the owner, occupant or other person concerning the nature of the inspection and justification for it and may seek the assistance of police authorities in presenting said warrant and/or

(b) revoke or suspend any license, permit or other permission regulated under this code where inspection of the structure, operation or premises is sought to determine compliance with 310 CMR 11.00.

Notes

310 CMR 11.03