Fire EMS, Firefighting, Legal

Engineering & Manufacturing Services, LLC v. Ashton, et al.

Issue 3 and Volume 168.

By DAVID “CHIP” COMSTOCK JR. Engineering & Manufacturing Services, LLC (EMS) is an aftermarket sheet metal manufacturer that occupies a large warehouse building in Cleveland, Ohio. The City of Cleveland has a codified ordinance that provides the right of entry to the fire chief or his authorized representative during reasonable hours to inspect structures for hazardous conditions. Pursuant to this ordinance, Cleveland Fire Department (CFD) Battalion Chief Chester Ashton, along with CFD firefighters, went to the EMS building to conduct an annual interior inspection of the premises to determine if there were any hazardous conditions present as well as to preplan the large industrial building. The firefighters were denied access to the premises by the owner, Alexander Erdey. After the firefighters were denied access, the city applied for a search warrant. Ashton submitted an affidavit in support of the warrant. In his affidavit, he noted that he was the battalion…

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