(a)  The enforcing officer shall enforce the provisions of this chapter and is authorized and directed to make inspections pursuant to one or more of the plans for inspection authorized by § 45-24.3-14; or in response to a complaint that an alleged violation of this chapter or of applicable rules or regulations pursuant to this chapter may exist; or when the enforcing officer has valid reason to believe that a violation of this chapter or any rules and regulations pursuant to this chapter has been or is being committed.

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Terms Used In Rhode Island General Laws 45-24.3-15

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Dormitory: means a room or group of rooms in a dwelling used for living and sleeping purposes by four (4) or more persons. See Rhode Island General Laws 45-24.3-5
  • Dwelling: means any enclosed space which is wholly or partly used or intended to be used for living or sleeping by human occupants; provided, that "temporary housing" as defined in this section, shall not be regarded as a dwelling. See Rhode Island General Laws 45-24.3-5
  • Dwelling units: means any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating. See Rhode Island General Laws 45-24.3-5
  • Enforcing officer: means the official charged with the administration and enforcement of this chapter, or the officer's authorized representative. See Rhode Island General Laws 45-24.3-5
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Multiple dwelling: means any dwelling containing four (4) or more dwelling units. See Rhode Island General Laws 45-24.3-5
  • Occupant: means any person, over one year of age, living, sleeping, cooking, or eating in, or actually having possession of, a dwelling unit or a rooming unit, and/or structure, except that in dwelling units a guest will not be considered an occupant. See Rhode Island General Laws 45-24.3-5
  • Owner: means any person who, alone or jointly or severally with others:

    (a)  Has legal title to any dwelling, dwelling unit, or structure with or without accompanying actual possession thereof; or

    (b)  Has charge, care, or control of any dwelling, dwelling unit, or structure as owner or agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner. See Rhode Island General Laws 45-24.3-5

  • Person: means and includes any individual, firm, corporation, association, or partnership. See Rhode Island General Laws 45-24.3-5
  • Premises: means a platted lot or part of a platted lot or unplatted lot or parcel of land, or plot of land, either occupied or unoccupied by any dwelling or non dwelling structure, and includes any building, accessory structure, or other structure on that land. See Rhode Island General Laws 45-24.3-5
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Rooming house: means any dwelling or that part of any dwelling containing three (3) or more rooming units in which space is occupied by three (3) or more persons who are not members of a single family. See Rhode Island General Laws 45-24.3-5
  • Rooming unit: means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes. See Rhode Island General Laws 45-24.3-5
  • Structure: means all structures used or intended to be used for commercial, business, or industrial use or occupancy. See Rhode Island General Laws 45-24.3-5
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(b)  The enforcing officer is authorized to enter and inspect between the hours of eight o’clock (8:00) a.m. and five o’clock (5:00) p.m. all dwellings, dwelling units, rooming houses, rooming units, dormitory rooms, and structures subject to this chapter, for the purpose of determining whether there is compliance with its provisions.

(c)  The enforcing officer is hereby authorized to inspect the premises surrounding dwellings, dwelling units, rooming houses, rooming units, dormitory rooms, and structures subject to this chapter, for the purpose of determining whether there is compliance with its provisions.

(d)  The enforcing officer and the owner, occupant, or other person in charge of a dwelling, dwelling unit, rooming unit, rooming house, dormitory room, or structure subject to this chapter, may agree to an inspection by appointment at a time other than the hours provided in this section.

(e)  The owner, occupant, or other person in charge of a dwelling, dwelling unit, rooming unit, rooming house, dormitory room, or structure upon presentation of proper identification by the enforcing officer, a copy of any relevant plan of inspection pursuant to which entry is sought, and a schedule of the specific areas and facilities to be inspected, must give the enforcing officer entry and free access to every part of the dwelling, dwelling unit, rooming unit or dormitory room, or structure or to the premises surrounding any of these.

(f)  The enforcing officer must keep confidential all evidence and information not related to the purposes of this chapter which he or she may discover or obtain in the course of an inspection made pursuant to this section, and that evidence shall be considered privileged. Evidence so obtained shall not be disclosed except as may be necessary in the judgment of the enforcing officer for the proper and effective administration and enforcement of the provisions of this chapter and rules and regulations issued pursuant to this chapter, and shall not otherwise be admissible in any judicial proceeding without the consent of the owner, occupant, or other person in charge of the dwelling unit or rooming unit, or structure, inspected.

(g)  If any owner, occupant, or other person in charge of a dwelling, dwelling unit or rooming unit, or of a multiple dwelling or a rooming house or structure, fails or refuses to permit free access and entry to the structure or premises under his or her control, or any part thereof, with respect to which an inspection authorized by this chapter is sought to be made, the enforcing officer may, upon a showing that probable cause exists for the inspection and for the issuance of an order directing compliance with the inspection requirements of this section with respect to the dwelling, dwelling unit, rooming unit, multiple dwelling, or rooming house or structure, petition and obtain an order from a court of competent jurisdiction.

(h)  Any person who refuses to comply with an order issued pursuant to this section is subject to penalties that may be authorized by law for violation of a court order.

(i)  The enforcing officer has the right to prosecute for any violation of this chapter as provided by law, and is authorized to execute all warrants, with the exception of search warrants, for the violation of laws, rules, and regulations relating to this chapter and to serve subpoenas issued for the trial of all offenses against the laws, rules, and regulations relating to this chapter.

History of Section.
P.L. 1970, ch. 325, § 1.