It depends.
A fire or explosion gives them right-of-entry, no warrant needed, and you cannot refuse entry or you can be arrested for impeding a fire investigation. This wouldn't be any different if police heard gun shots from inside a house.
(IFC 104.10 - Fire Investigations)
Most states grant that authority also in thier codified laws. In Ohio, for example, it's ORC 3737.24)
If it's not a fire or explosion, fire Inspectors have the right to inspect any business for fire hazards and safe operations. However, for a routine fire inspection you do have the right to refuse entry. Since routine fire inspections is an authority granted the fire officials by most state fire codes, if you do refuse entry, it's not that difficult for them to obtain a warrant and come back with the police. (I.e. they do not need to show cause for the warrnant, outside the fact that it if it is a business, they have a right to inspect it.)
2006-11-06 03:33:32
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answer #1
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answered by todvango 6
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2016-06-10 06:15:04
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answer #2
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answered by Wallace 3
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If there is immediate danger to property or life, than the fire department may force entry to the property at there discretion. However, if there is no immediate danger, they have no right to enter the property without the owner's permission. The fire department does not have police powers and cannot be issued a warrant but could be accompanied by a police officer that was issued a warrant. Hope this helps ;)
2006-11-05 21:56:18
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answer #3
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answered by Mandy 3
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They do not need a warrant to enter an area where there is an active fire. They can stay for a reasonable amount of time to determine the cause of the fire. After that a warrant is required.
2006-11-06 00:26:51
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answer #4
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answered by Judge Dredd 5
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If you called in the fire and they feel it looks suspicious they do not need a search warrant. During the investigation they find something suspicious, this gives them probable cause to search.
2006-11-06 01:17:43
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answer #5
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answered by Anonymous
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Todvango's answer is right on the mark, but also - note that - typically if you refuse to allow an inspection from an agency that is responsible for public health, welfare and safety such as OSHA, City Fire Inspector, Health inspector - there will be little tolerance for non-compliance and less wiggle room for times to write things up - osha especially can give leniency on penalties if the facility or contractor is amiable and willing to show efforts to comply rather than refuse inspections - really as a contractor myself - I know refusing an inspection/inspector is really asking the inspector to come back with more inspectors with the cleanest of white gloves available.
And they will ding you on everything...everything - from the smoke rating on your door mat, to the batteries in your exit lights. no shyte
2006-11-09 17:56:56
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answer #6
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answered by robb k 2
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fire safety officers can enter any premises without warrant as can customs and excise.
2006-11-06 00:32:55
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answer #7
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answered by joseph m 4
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they enter under sect 17 pace to save life and limb then they can preserve evidence if an offence is disclosed, the police will be present
2006-11-06 12:42:00
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answer #8
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answered by heaton_russell 2
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Criminal Record Search Database : http://InfoSearchDetective.com
2016-04-11 09:39:46
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answer #9
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answered by ? 3
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It all depends if it is before or after a fire, I think.
2006-11-05 21:53:54
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answer #10
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answered by rosey 7
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