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Marshal's Office with regard to this issue. If the unit is vacant, not rented, then there is no issue <br />with going in with the owner /manager. The issue of entering a dwelling unit that is under lease <br />has to do with tenant's rights. A tenant must be notified in advance before the owner or an <br />inspector can enter except in an emergency. The Fire Department would have the right to enter a <br />non - rented unit to inspect for fire code violations. The owner /manager could refuse entry to the <br />building completely or to specified areas. In this case, the Fire Department would need to seek <br />an administrative search warrant. According to the Fire Marshal's Office, due to the fact that <br />cities have the right to enforce fire code, this administrative search warrant is not difficult to <br />obtain, provided reasonable notice of date and time are given. <br />Councilmember Dehen asked how the Fire Marshal knows when something is being rented out. <br />It was noted there really is no way to know for sure. <br />Councilmember Dehen asked mechanically, how would this work. <br />Fire Chief Kapler stated that the question we left with last time this was discussed was apartment <br />units and if there is a reason to go in there. We do not inspect units — we inspect the common <br />areas. <br />Councilmember Dehen asked if the Fire Department has the right to do that. <br />Chief Kapler stated that the State Fire Code authorizes that. We have the right to go to the units <br />to inspect but we need the green light to go in. We could go through an administrative warrant to <br />enter but added that the Fire Department will not walk in unannounced. <br />Councilmember Dehen asked what the theory is to go in. <br />Chief Kapler reported it is complaint driven — alarms, etc., - smoke detector is chirping — <br />personal welfare, etc. <br />Mayor Ramsey stated we all agree there's some merit to inspecting apartment buildings and he <br />has no problem if they are vacant. He has no problem with apartments, but he feels townhomes <br />and single - family homes are different. <br />Councilmember McGlone stated that townhomes are designed to be owned and he would like to <br />see that they fall in the definition of single - family homes. <br />Councilmember Elvig stated he likes the idea of licensing anything that's rented out so we know <br />that it's a rental. He likes the idea of inspecting the common area. He thinks we have the right <br />to go in and do that. He did not know about townhouses. If they can be utilized as single family <br />except as a common utility or common spaces (internal) such as the party room, pool area, etc. <br />then that would warrant some sort of inspection — but not by forced entry. <br />Councilmember Wise commented on shared utility — and asked if we didn't run into a problem <br />with that a couple years ago. <br />City Council Work Session / August 31, 2010 <br />Page 2 of 7 <br />