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Pub. L. 107-231, 116 Stat. 1471 (15 U.S.C. 7301 et seq.).
68 FR 4694, Jan. 30, 2003, unless otherwise noted.
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Subscribe to: 15 CFR Part 270 Subpart D - Entry and Inspection
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When the Director establishes and deploys a Team, the Team members will be issued notices of inspection authority to enter and inspect the site where the building failure has occurred.
(a) In the course of an investigation, entry and inspection of property where building components, materials, artifacts and records with respect to a building failure are located normally will be conducted following the procedures described in §§ 270.322 through 270.325 of this subpart.
(b) Upon a written showing by the Lead Investigator of urgent and compelling reasons to believe that building components, materials, artifacts or records located on a particular property may be destroyed were the procedures described in §§ 270.322 through 270.324 of this subpart followed, the Director, with the concurrence of the General Counsel may immediately issue a notice of inspection authority for such property, pursuant to § 270.325 of this subpart.
After the Director establishes and deploys a Team, members of the public are encouraged to voluntarily permit Team members to enter property where building components, materials, artifacts, and records with respect to the building failure are located, and take action necessary, appropriate, and reasonable in light of the nature of the property to be inspected and to carry out the duties of the Team.
(a) After the Director establishes and deploys a Team, the Lead Investigator or their designee may request permission to enter and inspect property where building components, materials, artifacts, and records with respect to a building failure are located, and take action necessary, appropriate, and reasonable in light of the nature of the property to be inspected and to carry out the duties of the Team.
(b) Requests for permission to enter and inspect such property will be made in writing and shall include:
(1) The name and title of the building owner, operator, or agent in charge of the building;
(2) If appropriate, the name of the building to be inspected;
(3) The address of the building to be inspected;
(4) The date and time of the inspection;
(5) If appropriate, a description of particular items to be inspected; and
(6) Contact information for the person to whom questions or problems regarding the request should be addressed.
The Lead Investigator may enter into discussions with appropriate parties to address problems identified with the goal of obtaining the permission requested pursuant to § 270.323 of this subpart.
(a) General. In investigating a building failure pursuant to the Act, any member of a Team, or any other person authorized by the Director to support a Team, on display of written notice of inspection authority provided by the Director with concurrence of the General Counsel and appropriate credentials, may
(1) Enter property where a building failure being investigated has occurred, or where building components, materials, and artifacts with respect to the building failure are located, and take action necessary, appropriate, and reasonable in light of the nature of the property to be inspected and to carry out the duties of the Team;
(2) During reasonable hours, inspect any record (including any design, construction, or maintenance record), process, or facility related to the investigation;
(3) Inspect and test any building components, materials, and artifacts related to the building failure; and
(4) Move any record, component, material and artifact as provided by this part.
(b) Conduct of inspection, test, or other action. An inspection, test, or other action taken by a Team pursuant to section 4 of the Act will be conducted in a way that does not interfere unnecessarily with services provided by the owner or operator of the building components, materials, or artifacts, property, records, process, or facility, and to the maximum extent feasible, preserves evidence related to the building failure, consistent with the ongoing needs of the investigation.
(c) Determination whether to issue a notice of inspection authority. In determining whether to issue a notice of inspection authority, the Director will consider whether the specific entry and inspection is reasonable and necessary for the Team to carry out its duties under the Act.
(d) Notice of inspection authority. Notice of inspection authority will be made in writing and shall include:
(1) A statement that the notice of inspection authority is issued pursuant to section 4 of the Act;
(2) The name and title of the building owner, operator, or agent in charge of the building;
(3) If appropriate, the name of the building to be inspected;
(4) The address of the building to be inspected;
(5) The date and time of the inspection;
(6) If appropriate, a description of particular items to be inspected; and
(7) The signature of the Director.
(e) Refusal of entry on to property. If upon being presented with a notice of inspection by any member of a Team, or any other person authorized by the Director, the owner, operator, or agent in charge of the building or property being inspected refuses to allow entry or inspection, the Director may seek the assistance of the Department of Justice to obtain a warrant or other authorized judicial order enabling entry on to the property.