Marianne, Urbana has adopted the International Code Council series, too. I believe a warrantless entry is permissible if, as you say, the occupants admit the inspector. Section 104.3 of the 2012 edition of the IFC provides that a fire code official who has reasonable cause to believe a building is unsafe may enter the building at a reasonable time to perform an inspection. If entry is refused, however, the code states that the official has recourse to every remedy provided by law to secure entry (e.g., a search warrant). If violations other than overcrowding are in plain view, I believe the fire code official may take enforcement action. Section 104.3 authorizes the official to perform the duties imposed by the code. Or, if the inspection is made pursuant to a warrant, the warrant would specify the limits of the fire official's authority. In our jurisdiction, our fire and building inspectors are rarely refused entry. We have only obtained a warrant one or twice in the last several years; and, as I recall, this was for a regular inspection under our rental property registration program. We are usually successful in prosecuting code violations. Most cases are resolved without trials. Curt Borman Assistant City Attorney City of Urbana Legal Division 400 S. Vine Street Urbana, IL 61801 217-384-2464 From: Universitycities [mailto:universitycities-bounces@lists.imla.org] On Behalf Of Banks, Marianne Sent: Thursday, November 21, 2013 4:45 PM To: universitycities@lists.imla.org Subject: [Universitycities] Enterprising College Students Here's a hypothetical for you: It has been reported that some college students have rented lofts and are holding regular "parties" there, over any reasonable occupancy limits. It is also reported that these events are really not private parties, but open to the public, and some enterprising students are even charging cover charges . . . So needless to say there could be a few different potential ordinance violations here, but assuming that the only violation is one related to occupancy levels - International Fire Code and International Building Code are adopted. Fire officials have serious concerns with occupancy levels due to lack of sprinkler system and exits, on upper floor of building, and impairment of attendees by use of alcohol. If serious life-safety concern, what is opinion of entry without a warrant (assuming they are let in as the general public is)? What about other violations are in plain view? How much success do you have in your jurisdiction with (a) securing warrants for code violations like this, and (b) prosecution for code violations in municipal court? Marianne Marianne Landers Banks Assistant City Attorney City of Springfield Law Department 840 Boonville Ave. Springfield, MO 65801 417-864-1123 - office 512-635-3484 - mobile 417-864-1705 - fax mbanks@springfieldmo.gov Note: This may be a privileged and confidential communication and attorney-client privileged. Attorneys are required to notify all recipients of e-mail that (1) e-mail communication is not a secure method of communication, (2) any e-mail that is sent to you or by you may be copied and held by various computers it passes through as it goes from me to you or vice versa, (3) persons not participating in our communication may intercept our communications by improperly accessing your computer or even some computer unconnected to either of us which the e-mail passes through. I am communicating to you via e-mail because you have consented to receive communications via this medium. If you want future communications to be sent in a different fashion, or if you receive this message in error please let me know AT ONCE by calling 417-864-1645 or emailing mbanks@springfieldmo.gov .