Who can access my medical grow?

I grow within a village municipality and have been for two and a half years. The city has sent two people in to look at my show.
The first was a fire inspector who showed up with no email or written notice. The second was the BC safety authority for an electrical inspection, who was more professional, but cost me lots converting all equipment to wet code within each room. They both stated they would shut me down if i didn't comply.
Now, the one i am concerned with is the city building inspector. He wants a ventilation inspection. I have never heard of such a thing. He claims he is trying to save me from the dangers of co2. The building owner has kept him out for a while, but he is threatening to post a do not occupy status on the building if i don't let him in.

I have said he can't come in without a health Canada rep. But if he can block me from entering the building its the same as a shutdown. Can he really do this? any suggestions?

What part am I missing? are you papered mmar?

Should have told them all to pound sand.

Welcome to the mess of municipal politics when it comes to cannabis.

AFAIK, HC inspectors only (I'm not sure this mythical creature exists). What that scumbag inspector is trying to do is illegal (at the very least it's extortion). File a complaint with his supervisors / the city and take it from there.

JungleStrikeGuy said:

Welcome to the mess of municipal politics when it comes to cannabis.

AFAIK, HC inspectors only (I'm not sure this mythical creature exists). What that scumbag inspector is trying to do is illegal (at the very least it's extortion). File a complaint with his supervisors / the city and take it from there.

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IMO don't let anyone in unless they have a search warrant. How this poor guys personal info was disseminated from hc to whoever in the local gov is criminal and he has no need to prove anything to anyone. Without proof he's not within his plant count there's no reason for anyone including hc to see his garden.

This is a popular tactic in some municipalities in BC to shutdown MMAR grows. I don't know all the details, but some of the out west guys will chime in I'm sure.

Sorry guys, but municipal building inspectors have the right to inspect buildings to ensure that they meet code. Now -- if it was me -- I might tell this guy 'sure you can come inspect my property, just tell me what time, so I can have my lawyer on the premises at the same time'.

I agree that many municipalities are nitpicking in an attempt to make life difficult -- but not only can they force you to comply with existing codes -- they also have the right to pass new rules just to be pissy.

NorthernLass said:

-- they also have the right to pass new rules just to be pissy.

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who would you usually expect this type of behavior from?

NorthernLass said:

Sorry guys, but municipal building inspectors have the right to inspect buildings to ensure that they meet code. Now -- if it was me -- I might tell this guy 'sure you can come inspect my property, just tell me what time, so I can have my lawyer on the premises at the same time'.

I agree that many municipalities are nitpicking in an attempt to make life difficult -- but not only can they force you to comply with existing codes -- they also have the right to pass new rules just to be pissy.

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Not quite, imo. I'm no lawyer, but here's my take. There must be a reason to suspect a dangerous situation exists in order to demand an inspection. I don't see a lot of random municipal inspections of residential kitchens, the leading cause of house fires or even checks for old wiring...the number two cause. Those things are done after construction, renovation or sale and the city dicks aren't interested. Demanding access to your home to see a medical grow under the pretense of public safety while not applying the same practice to other more dangerous activities is harassment and discrimination. No one comes into my house without an invite or a warrant. As for passing new rules to be pissy...any rule they pass must not infringe on my charter rights - which includes illegal search and seizure techniques. It also doesn't help them any on election day. I know some towns and cities are doing it, but they better bring a cop with a warrant if they knock on my door...judges don't give out warrants to check wiring or moisture content very often...

From the Ontario Building Code

I think the key words here are 15.9 (1) An inspector may enter upon land and into buildings at any reasonable time without a warrant for the purpose of inspecting a building...

I'm not saying these guys aren't misusing the building code for another purpose -- just that the way it is written is ambiguous enough to give them cover for most any situation they can think up. Ergo -- my lawyer.

Interpretation. I think the key words are "to determine,

(a) whether the building is unsafe; or

(b) whether an order made under subsection (4) has been complied with. 2002, c. 9, s. 26."

By only targeting cannabis grows it shows an attitude of intimidation and discrimination which does not reflect the purpose of the law.There needs to be a valid reason or suspicion that the building is unsafe. Like I said, if the building inspector doesn't have a cop with a warrant, they aren't getting into my house. I simply refuse them entry.Their recourse would be to take me to court and explain to a judge why my plants pose a bigger danger than my nieghbours woodstove. Despite what the laws 'says', the fact is no one, not even the police, can enter your home without a warrant signed by a judge.

They don't need a warrant but they cant just show up and demand entrance. If the inspection/inspector was on the level, they would have contacted you to arrange a date and time.

redi jedi said:

They don't need a warrant but they cant just show up and demand entrance. If the inspection/inspector was on the level, they would have contacted you to arrange a date and time.

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And if I refuse? We're back to taking the homeowner to court and convincing a judge the privacy invasion is warranted. If there has been a fire or obvious signs of moisture damage, the inspection may be warranted, but simply having a garden poses no more risk than simply having a toaster. If every grower stood up and refused to allow inspections until equal focus was put on all homes with electricity and/or plants, municipalities would quickly realize they can't unfairly target a legal activity in the sanctity of ones home. The cost of lawsuits would get prohibitive. That said, I would encourage all growers to have their wiring done professionally or inspected, but that is the homeowners' or insurer's decision and not the municipal government, IMO.

VIANARCHRIS said:

And if I refuse? We're back to taking the homeowner to court and convincing a judge the privacy invasion is warranted. If there has been a fire or obvious signs of moisture damage, the inspection may be warranted, but simply having a garden poses no more risk than simply having a toaster. If every grower stood up and refused to allow inspections until equal focus was put on all homes with electricity and/or plants, municipalities would quickly realize they can't unfairly target a legal activity in the sanctity of ones home. The cost of lawsuits would get prohibitive. That said, I would encourage all growers to have their wiring done professionally or inspected, but that is the homeowners' or insurer's decision and not the municipal government, IMO.

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Sure you could refuse, but that just might give them a reason to bring the police along next time they want in. Also, I don't think the OP is growing in his/her home, sounds like a commercial building they may be renting...there's a difference in regards to invasion of privacy.

IMO, trying to fight building codes is a losing battle.

redi jedi said:

Sure you could refuse, but that just might give them a reason to bring the police along next time they want in. Also, I don't think the OP is growing in his/her home, sounds like a commercial building they may be renting...there's a difference in regards to invasion of privacy.

IMO, trying to fight building codes is a losing battle.

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Agreed, having the grow some place other than a dwelling changes things, mine is in a rented building so privacy wouldn't apply. Coming into your home for no real reason is a whole 'nuther matter, imo, and I wouldn't make it easy for them...even if I was doing everything right. It'll be interesting to see what happens with the bullshit inspections once everyone and their grandma is allowed to grow a few plants.

VIANARCHRIS said:

Agreed, having the grow some place other than a dwelling changes things, mine is in a rented building so privacy wouldn't apply. Coming into your home for no real reason is a whole 'nuther matter, imo, and I wouldn't make it easy for them...even if I was doing everything right. It'll be interesting to see what happens with the bullshit inspections once everyone and their grandma is allowed to grow a few plants.

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For sure, your home is another story. Never let anyone in unannounced

If they got a warrant, they're not asking anyways...

This is why I believe that everyone should already have a friendly relationship with a local neighbourhood lawyer. Everybody needs a will, some people need divorces or pre-nups, you need a lawyer when you buy a house, but every once in a while you just need someone who is on your side to write a nice stern letter on legal letterhead to remind others that you know your rights and aren't willing to just bend over. You don't need to put them on retainer, just have previously used them for something simple like a will, and keep their card in your wallet.

You don't need to yell and threaten, or swear and stomp your feet. You can be friendly and easy-going and agreeable. More than once I've fished in my purse and told someone all friendly-like, with a big smile on my face, 'Sure, no problem, here's my lawyer's card, just call him'. Most of the time that's the last you ever hear about the problem.

It worked when someone said my dog bit them (not true), it worked when someone t-boned my stepdaughter's car, it worked when someone threatened to sue me after they claimed one of my trucks broke their windshield (might have been true, but she was a bitch), and it worked when the doctors at the hospital were giving me grief about my late husband's medical records.

chex1111 said:

Now, the one i am concerned with is the city building inspector. He wants a ventilation inspection. I have never heard of such a thing. He claims he is trying to save me from the dangers of co2.

I have said he can't come in without a health Canada rep. But if he can block me from entering the building its the same as a shutdown. Can he really do this? any suggestions?

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Aside from my comments above, I do have one specific idea for you -- get a couple of those cheap CO2 alarms at Canadian Tire and mount them around your grow rooms. It would show that you are pre-emptively being safety conscious. If they read normal levels, then he's pretty well pooched. (take photos of the readings for future court challenges, just in case) I might even print off a couple sheets that say plants need CO2 at certain levels, and then hand them to him. I don't know how he could argue with that.

NorthernLass said:

Aside from my comments above, I do have one specific idea for you -- get a couple of those cheap CO2 alarms at Canadian Tire and mount them around your grow rooms. It would show that you are pre-emptively being safety conscious. If they read normal levels, then he's pretty well pooched. (take photos of the readings for future court challenges, just in case) I might even print off a couple sheets that say plants need CO2 at certain levels, and then hand them to him. I don't know how he could argue with that.

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Your confusing carbon monoxide (CO), with carbon dioxide (CO2). Every dwelling in Ontario is by law already supposed to have both working smoke detectors and carbon monoxide detectors.