Hamilton By-law 23-162, s. 32(4) — Property Standards By-law

Despite subsections 32(3), an officer shall not enter or remain in any room or place actually used as a dwelling unless:

• (a) the consent of the occupant is obtained, the occupant first having been informed that the right of entry may be refused and entry made only under the authority of a warrant issued under the Building Code;
• (b) a warrant issued under the Building Code is obtained;
• (c) the delay necessary to obtain the consent of the occupant or a warrant would result in immediate danger to the health or safety of any person;
• (d) the entry is necessary to terminate a danger under subsection 15.7(3) of the Building Code; or
• (e) the entry is necessary to repair or demolish under subsection 31(4) and, within a reasonable time before entering the room or place to be repaired or demolished, the officer serves the occupant with notice of his or her intention to enter it.