Part V Rights of Entry Part 2

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Questions and Answers

Under what circumstances can a person enter adjacent land or premises without a warrant?

If the owner of the land or premises gives permission

If the entry is necessary for the purposes of conducting an investigation into the cause of a fire or of determining whether a substance or device that is likely to cause fire is situated on the land or premises (correct)

For any purpose related to fire safety

During emergency situations only

What is the purpose of a warrant issued under subsection (6)?

To authorize the Fire Marshal or fire chief to enter land or premises and exercise certain powers (correct)

To authorize the use of force to enter land or premises

To investigate the cause of a fire only

To deny entry to the Fire Marshal or fire chief

What must a justice of the peace be satisfied with before issuing a warrant under subsection (6)?

That the owner of the land or premises has given permission to enter

That there are reasonable grounds to believe that entry on the land or premises is necessary for the purposes of conducting an investigation into the cause of a fire or of determining whether a substance or device that is likely to cause fire is situated on the land or premises (correct)

That there are reasonable grounds to believe that entry on the land or premises is necessary for the purposes of conducting an investigation into the cause of a fire

That the Fire Marshal or fire chief has been denied entry to the land or premises

What happens if a person is denied entry to land or premises or is obstructed in exercising certain powers?

A justice of the peace may issue a warrant authorizing the Fire Marshal or fire chief to enter the land or premises Signup and view all the answers

What must a warrant issued under subsection (6) specify?

The times during which the warrant may be carried out Signup and view all the answers

What is the primary purpose of entering land or premises under subsection (1)?

Both a and b Signup and view all the answers

What is prohibited when entering land or premises under subsection (1) or (3)?

The use of force to enter the land or premises Signup and view all the answers

What happens to a warrant issued under subsection (6) after a certain period of time?

It expires Signup and view all the answers

What is the power of a justice of the peace in relation to a warrant?

To issue a warrant without notice to the owner or occupant Signup and view all the answers

What is the condition under which a person authorized by a warrant may use force?

When necessary to make the entry and do the thing Signup and view all the answers

What is the purpose of the notice given to the owner under subsection (2) of section 15?

To notify the owner of the entry to remove or reduce the threat to life Signup and view all the answers

Who can call on police officers as necessary under section 15?

The person who enters on land or premises under section 15 Signup and view all the answers

What is the power of a person who enters on land or premises under section 15?

All of the above Signup and view all the answers

What is the contents of the notice under subsection (4) of section 15?

The description of the land or premises, the reason for the entry, and the things done Signup and view all the answers

Who can assist a person who enters on land or premises under section 14 or 15?

Any other persons the person considers advisable Signup and view all the answers

What is the purpose of identification under section 17?

To identify the person who entered on land or premises Signup and view all the answers

When can a person enter on land or premises without a warrant?

When there is a risk of fire that poses an immediate threat to life Signup and view all the answers

What is the purpose of section 15?

To remove or reduce the threat to life posed by a risk of fire Signup and view all the answers

Study Notes

Entry to Land or Premises

A person may enter land or premises without a warrant to investigate the cause of a fire or determine if a substance or device likely to cause a fire is present.
The person may enter adjacent land or premises if necessary for the investigation.

Powers of Entry

The person may exercise powers, including:
- Inspecting and examining the land or premises
- Searching for and seizing any substance or device that may cause a fire
- Taking photographs and videos
- Making copies of relevant documents

Use of Force

A person entering land or premises under subsection (1) or (3) shall not use force to enter.
A person authorized by a warrant issued under subsection (6) may use force as necessary to make the entry and do the thing.

Warrant Authorizing Entry

A justice of the peace may issue a warrant authorizing the Fire Marshal or a fire chief to enter land or premises if:
- There are reasonable grounds to believe that entry is necessary for the investigation
- The Fire Marshal or fire chief has been denied entry or obstructed in exercising powers

Execution and Expiry of Warrant

The warrant shall specify the times during which it may be carried out and state when it expires.
A justice of the peace may extend the date on which the warrant expires.

Immediate Threat to Life

If the Fire Marshal, an assistant, or a fire chief has reasonable grounds to believe that a risk of fire poses an immediate threat to life, they may:
- Enter land or premises without a warrant
- Remove persons, post a fire watch, remove combustible materials, eliminate ignition sources, and more
The person who enters land or premises must give notice to the owner and post a copy of the notice on the land or premises.

Assistance and Identification

A person who enters land or premises under section 14 or 15 may call on other persons to assist.
On request, the person who enters land or premises must identify themselves and explain the purpose of the entry.

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Description

This quiz covers the legal aspects of entering adjacent lands or premises for fire investigation purposes, including the powers and authorities involved.