Section 250-RICR-20-00-3.7 - General Inspection ProtocolA. The following inspection protocols should be followed to the maximum extent practicable for all inspections whether conducted after obtaining consent, under an administrative inspection warrant or other court order, or pursuant to a legal, warrant-less inspection as described in these Guidelines. 1. Prior to entering the site an inspector should prepare for the inspection by: establishing the scope and objectives of the inspection; coordinating inspection activities with other regulatory or enforcement personnel as necessary; developing an understanding of the technical, regulatory, and enforcement aspects of the site or facility; developing a plan or strategy for conducting an inspection consistent with inspection objectives; and determining the health and safety requirements and equipment necessary for the inspection.2. Inspectors should only enter private property (including driveways) in compliance with these Guidelines and applicable law.3. When in the field, the inspector should make a reasonable effort to locate an owner, operator or other person having apparent authority or control of the property in order to identify himself/herself, explain the purpose, scope and legal authority for the inspection. "Reasonable efforts" shall be construed to mean those efforts that can be reasonably made at the time of the inspection such as knocking on doors at the site or approaching workers or people around the site. Reasonable efforts shall not include off-site research such as reviewing land evidence, tax or court records or entering a dwelling.4. An inspector should never agree to any conditions limiting an inspection or sign any documents without first obtaining prior authorization from a supervisor.5. While on-site inspectors should be constantly vigilant and observant. All observations made while lawfully on site (e.g. while accessing the property, requesting permission to inspect, conducting an unrelated site visit or inspection, or while leaving the property after permission to inspect has been denied), are entirely legal and should be carefully noted for the file in the event that they are needed to support the issuance of an administrative inspection warrant or other legal action to gain access to the site (See § 3.10(A)(5) of this Part regarding plain view violations).6. If the person exercising control over the property denies access to the property, then the inspector should not attempt to continue the inspection without first contacting the office for further instructions and/or assistance. If a situation arises on-site that threatens the safety of an inspector, then all inspectors should leave the site and immediately contact the office. If access is denied in an emergency situation (See § 3.10(A)(2) of this Part) and the inspector believes that an imminent or serious threat exists to public health, welfare or the environment, then the inspector should contact fire and/or police authorities for their assistance in stabilizing the situation. If access is denied in a non-emergency situation, then the inspector may only continue with an on-site inspection if an alternative basis for a warrant-less inspection exists. (See §§ 3.10(A)(1) and 3.10(A)(3) of this Part). Where an inspector is unable to obtain lawful access to a site, the inspector may make observations from adjacent public areas, open fields) or from abutting private property, provided the inspector has permission from the owner, operator or person having apparent authority or control of the abutting property (See § 3.10(A)(4) of this Part). Under some environmental statutes denying access for inspections is a criminal offense. In situations involving those statutes, the DEM Division of Law Enforcement will be advised of the situation.7. If no owner, operator or other person having apparent authority or control over the property is present, the inspector should leave a calling card identifying the inspector and, when possible, should provide other information explaining the purpose and scope of the investigation.250 R.I. Code R. 250-RICR-20-00-3.7