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Warrington Townshipo, Bucks County v. Powell

Injunction allowing plaintiff to conduct annual warrantless fire safety inspections of areas of defendant's business premises reversed in part and affirmed in part; court erred in concluding that warrantless searches are authorized under Building Officials and Code Administrators National Fire Prevention Code; order affirmed insofar as it authorized inspections of portions of premises open to public; order reversed insofar as it related to portions of premises not open to public.

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Submitted: February 15, 2002

SENIOR JUDGE MIRARCHI

Malcolm J. Powell and Margaret H. Powell, individually and d/b/a Malcolm’s Auto Body/Auto Repair and Malcolm’s Used Cars–Sales and Service (Appellants), acting pro se, appeal from the order of the Court of Common Pleas of Bucks County (trial court) that granted an injunction requested by Warrington Township (the Township) to conduct annual warrantless fire safety inspections of all buildings, structures, and areas located on Appellants’ business premises. We reverse in part and affirm in part.

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