dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-55. Department of State Police or successor agency to keep record of fires and explosions; when open to public inspection.
The Department of State Police or its successor agency shall keep in its office a record of all fires occurring in the Commonwealth, investigation of which is provided for in this article, together with all facts, statistics and circumstances concerning the same, including the origin of the fires. Such records shall not be open to public inspection, except insofar as the Department shall permit otherwise. Whenever the word "Department" appears in this article it shall be deemed to mean the Department of State Police or its successor agency in the Office of Public Safety.

Code 1919, § 4148; 1918, p. 123; 1936, p. 259; 1948, p. 487; 1977, c. 613.

Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-56. Department to examine into origin of fires; appointment of arson investigators.
The Department shall examine, or cause examination to be made, into the origin and circumstances of all fires occurring in this Commonwealth, which may be brought to its attention by official report, or otherwise, and for that purpose shall have authority to call for and demand of the chief or other head officer of the fire department, and the chief or other head officer of the police department, of any city or town, and the sheriff of any county, for any information or assistance it may require in making or furthering such examination.

The Department shall appoint a chief arson investigator and assistant arson investigators, who shall have the same police powers as a sheriff in the investigation and prosecution of all offenses involving fires, fire bombings, bombings, attempts, threats to commit such offense, false alarms relating to any such offense, possession and manufacture of explosive devices, substances and firebombs.

Code 1919, § 4186; 1977, c. 613.

Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-57. When insurance company to pay expenses of examination.
When such examination is made on the application of any fire insurance company, the necessary expenses attending the same shall be paid by such company.

Code 1919, § 4186.

Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-58. Right to examine buildings or premises.
The Department, and such person or persons as it may appoint, shall have authority at all times of the day, in the performance of the duties imposed by the provisions of § 27-56, to enter upon and examine any building or premises where any fire has occurred, and any other buildings or premises immediately adjoining the same; provided, that such adjoining building is not at the time occupied and used as a dwelling house.

Code 1919, § 4187; 1977, c. 613.
Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-59. Criminal prosecutions.
If the Department shall be of opinion, after investigation as to the cause or origin of any fire, that there is sufficient evidence to charge any person with the crime of arson, or with incendiary burning of property, it shall furnish to the attorney for the Commonwealth of the city or county all such evidence, together with the names of witnesses, and all information obtained by it, including a copy of all pertinent and material testimony taken by it touching such offense.

Code 1919, § 4188; 1918, p. 123; 1977, c. 613.

Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-60. Department to conduct investigations in certain cases; investigations may be private.
The Department may petition an appropriate judicial officer to summons and compel the attendance of witnesses to testify in relation to any matter which is, by the provisions of this chapter, a subject of inquiry and investigation. It may also administer oaths and affirmations to such witnesses, and false swearing in any such matter shall be deemed perjury, and shall be punished as such. It may in its discretion take or cause to be taken the testimony on oath of all persons supposed to be cognizant of any facts or to have means of knowledge in relation to the matters as to which any examination is, in this chapter, required to be made, and shall cause the same to be reduced to writing. Investigations in relation to such matters may, in the discretion of the Department, be private, and persons other than those required to be present by the provisions of this chapter may be excluded from that place where such examination is held, and witnesses may be kept separate and apart from each other, and not allowed to communicate with each other until they have been examined.

Code 1919, § 4189; 1977, c. 613.
Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-61. When Department or fire chief may remedy inflammable or unsafe conditions.
The Department of Fire Programs, by its representative, or the chief or other head of the fire department of any county, city or town or district thereof, shall have the right, at all reasonable hours, for the purpose of examination, to enter into and upon any public school building or any other building or premises not at the time occupied and used as a dwelling house, within their respective jurisdictions, for examination as to combustible materials or inflammable or unsafe conditions in any such building or upon any such premises. Upon complaint of any person having an interest in any building or premises or property adjacent thereto, in his jurisdiction, an officer shall make an immediate investigation as to the presence of any combustible materials or the existence of inflammable or unsafe conditions in such buildings or upon such premises. Whenever any officer finds in any building or upon any premises combustible, inflammable or unsafe conditions, dangerous to the safety of the building or premises, or other property, he shall order the same to be removed or remedied, and the order shall, within a reasonable time to be fixed in the order, be complied with by the owner or occupant of the building or premises.

Any owner or occupant aggrieved by such order may within five days after notice of such order, appeal to the Department of Fire Programs, and the cause of his complaint shall be at once investigated by the Executive Director of the Department of Fire Programs, and unless by its authority such order is revoked, the order shall remain in force and the owner or occupant shall comply with the order.

Any owner or occupant of any building or premises failing to comply with any final order made or given under the authority of this section, shall be deemed guilty of a misdemeanor, and punished by a fine of not less than $5 nor more than $100 for each offense.

Code 1919, § 4190; 1936, p. 776; 1977, c. 613; 1988, c. 199; 2007, cc. 647, 741.

Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-62. Penalty on local officers for violating law.
Any city, town or county officer referred to in this article who willfully neglects or refuses to comply with any of the requirements of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof, be punished by a fine of not less than $5, nor more than $100.

Code 1919, § 4192.

Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-63. Repealed.
Repealed by Acts 1988, c. 199.

Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-65. Repealed.
Repealed by Acts 1981, c. 499.
Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-66. Repealed.
Repealed by Acts 1977, c. 613.

Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-66.1. Repealed.
Repealed by Acts 1989, c. 258.

Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-67. Repealed.
Repealed by Acts 1981, c. 499.

Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-68. Repealed.
Repealed by Acts 1977, c. 613.

Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-69. Repealed.
Repealed by Acts 1981, c. 499.

Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-70. Repealed.
Repealed by Acts 1981, c. 499.

Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-70.1. Repealed.
Repealed by Acts 1988, c. 199.

Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-70.2. Repealed.
Repealed by Acts 1981, c. 499.

Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-71. Repealed.
Repealed by Acts 1977, c. 613.

Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-72. Repealed.
Repealed by Acts 1988, c. 199.

Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-73. Repealed.
Repealed by Acts 1989, c. 258.

Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-73.1. Repealed.
Repealed by Acts 1988, c. 199.

Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-74. Repealed.
Repealed by Acts 1977, c. 613.

Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-78. Repealed.
Repealed by Acts 1989, c. 258.

Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-79. Repealed.
Repealed by Acts 1988, c. 199.

Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-79.1. Repealed.
Repealed by Acts 1981, c. 499.
Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-79.9. Repealed.
Repealed by Acts 1989, c. 258.

Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-80. Repealed.
Repealed by Acts 1988, c. 199.

Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-85. Repealed.
Repealed by Acts 1981, c. 499.

Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-85.2. Repealed.
Repealed by Acts 1989, c. 258.

Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-85.3. Short title.
This article shall be known as the Arson Reporting Immunity Act.

1979, c. 279.

Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-85.4. Definitions.
For the purposes of this article:

"Action" includes nonaction or the failure to take action.

"Authorized agencies" means:

i. The chief or director of any municipal or county fire or police department or the sheriff of any county;

ii. The arson investigator of the State Police Department; the Alcohol, Tobacco and Firearms Division of the United States Department of the Treasury; or

iii. The attorney for the Commonwealth or other person responsible for prosecutions in the jurisdiction where the fire occurred.

"Insurance company" includes the Virginia Property Insurance Association.

1979, c. 279; 1985, c. 58; 2008, c. 410.
Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-85.5. Disclosure of information.
A. Any authorized agency may, in writing, require an insurance company to release to the requesting agency any or all relevant information or evidence deemed material by the requesting agency in the insurance company's possession relating to the fire loss in question. Relevant information may include, but shall not be limited to:

1. Pertinent insurance policy information relevant to a fire loss under investigation and any application for such a policy;

2. Policy premium payment records;

3. History of previous claims made by the insured;

4. Material relating to the investigation of the loss, including statements of any person, proof of loss, and any other evidence relevant to the investigation.

B. 1. When an insurance company has reason to believe that a fire loss in which it has an interest may be of other than accidental cause, then, for the purpose of notification and for having such fire loss investigated, the company shall, in writing, notify an authorized agency and provide it with any or all material developed from the company's inquiry into the fire loss.

2. When an insurance company provides any one of the authorized agencies with notice of a fire loss, it shall be sufficient notice for the purpose of this article.

C. The authorized agency provided with information pursuant to subsections A or B of this section and in furtherance of its own purposes, may release or provide such information to any of the other authorized agencies.

D. Any insurance company providing information to an authorized agency or agencies pursuant to subsections A or B of this section shall have the right to request relevant information and receive, within a reasonable time, not to exceed thirty days, the information requested.

E. Any insurance company, or person acting in its behalf or authorized agency who releases information, whether oral or written, pursuant to subsections A or B of this section shall be immune from any liability arising out of a civil action, or penalty resulting from a criminal prosecution unless actual malice on the part of the insurance company or authorized agency is present.

1979, c. 279.

Code of Virginia — Title 27 (Fire Protection), Chapter 6 (DEPARTMENT OF STATE POLICE; PUBLIC BUILDING SAFETY LAW; ARSON REPORTING IMMUNITY ACT)
§ 27-85.6. Evidence.
Any authorized agency and insurance company described in § 27-85.4 or § 27-85.5 who receives any information furnished pursuant to this article, shall hold the information in confidence until such time as its release is required pursuant to a criminal or civil proceeding, except release in accordance with subsection C of § 27-85.5.

1979, c. 279.
Code of Virginia — Title 27 (Fire Protection), Chapter 7 (LIQUEFIED PETROLEUM GASES [Repealed])
§ 27-86. Repealed.
Repealed by Acts 1995, c. 44.
Code of Virginia — Title 27 (Fire Protection), Chapter 8 (FIRE SERVICES TRAINING [Repealed])
§ 27-91. Repealed.
Repealed by Acts 1981, c. 154.
Code of Virginia — Title 27 (Fire Protection), Chapter 9 (STATEWIDE FIRE PREVENTION CODE ACT)
§ 27-100. Violation a misdemeanor.
It shall be unlawful for any owner or any other person, firm, or corporation, on or after the effective date of any Code provisions, to violate any provisions of the Fire Prevention Code. Any such violation shall be deemed a Class 1 misdemeanor, and any owner, or any other person, firm, or corporation convicted of such violation shall be punished in accordance with the provisions of § 18.2-11.

1986, c. 429.

Code of Virginia — Title 27 (Fire Protection), Chapter 9 (STATEWIDE FIRE PREVENTION CODE ACT)
§ 27-100.1. Seizure and destruction of certain fireworks.
Any law-enforcement officer arresting any person for a violation of this chapter related to fireworks shall seize any article of fireworks in the possession or under the control of the person so arrested and shall hold the same until final disposition of any criminal proceedings against such person. If a judgment of conviction be entered against such person, the court shall order destruction of such articles upon expiration of the time allowed for appeal of such judgment of conviction.

2002, c. 856.

Code of Virginia — Title 27 (Fire Protection), Chapter 9 (STATEWIDE FIRE PREVENTION CODE ACT)
§ 27-101. Injunction upon application.
Every court having jurisdiction under existing or any future law is empowered to and shall, upon the application of the local enforcing agency or State Fire Marshal, issue either a mandatory or restraining injunction in aid of the enforcement of, or in prevention of the violation of, any of the provisions of this law or any valid rule or regulation made in pursuance thereof. The procedure for obtaining any such injunction shall be in accordance with the laws then current governing injunctions generally except that the enforcing agency shall not be required to give bond as a condition precedent to obtaining an injunction.

1986, c. 429.

Code of Virginia — Title 27 (Fire Protection), Chapter 9 (STATEWIDE FIRE PREVENTION CODE ACT)
§ 27-94. Short title.
This chapter may be cited as the "Virginia Statewide Fire Prevention Code Act."

1986, c. 429.
Code of Virginia — Title 27 (Fire Protection), Chapter 9 (STATEWIDE FIRE PREVENTION CODE ACT)
§ 27-96. Statewide standards.
The purposes of this chapter are to provide for statewide standards for optional local enforcement to safeguard life and property from the hazards of fire or explosion arising from the improper maintenance of life safety and fire prevention and protection materials, devices, systems and structures, and the unsafe storage, handling, and use of substances, materials and devices, including fireworks, explosives and blasting agents, wherever located.

1986, c. 429; 1988, c. 340; 2002, c. 856.

Code of Virginia — Title 27 (Fire Protection), Chapter 9 (STATEWIDE FIRE PREVENTION CODE ACT)
§ 27-96.1. Chapter inapplicable to certain uses of fireworks.
Unless prohibited by a local ordinance, the provisions of this chapter pertaining to fireworks shall not apply to the sale of or to any person using, igniting or exploding permissible fireworks on private property with the consent of the owner of such property.

2002, c. 856.

Code of Virginia — Title 27 (Fire Protection), Chapter 9 (STATEWIDE FIRE PREVENTION CODE ACT)
§ 27-96.2. Exemptions generally.
The provisions of this chapter concerning fireworks shall have no application to any officer or member of the armed forces of this Commonwealth, or of the United States, while acting within the scope of his authority and duties as such, nor to any offer of sale or sale of fireworks to any authorized agent of such armed forces; nor shall it be applicable to the sale or use of materials or equipment, otherwise prohibited by this chapter, when such materials or equipment is used or to be used by any person for signaling or other emergency use in the operation of any boat, railroad train or other vehicle for the transportation of persons or property.

2002, c. 856.
Code of Virginia — Title 27 (Fire Protection), Chapter 9 (STATEWIDE FIRE PREVENTION CODE ACT)
§ 27-97.1. Reports of stolen explosives.
Any person holding a permit for the manufacture, storage, handling, use or sale of explosives issued in accordance with the provisions of the Code shall report to the office of the chief arson investigator for the Commonwealth as well as the chief local law-enforcement official any theft or other unauthorized taking or disappearance of any explosives or blasting devices from their inventory. An initial verbal report shall be made within three days of the discovery of the taking or disappearance. A subsequent written report shall be filed within such time, and in such form, as is specified by the chief arson investigator.

Failure to comply with the provisions of this section shall constitute a Class 1 misdemeanor punishable by the same penalties applicable to violations of the Fire Prevention Code.

1988, c. 340.
Code of Virginia — Title 27 (Fire Protection), Chapter 9 (STATEWIDE FIRE PREVENTION CODE ACT)
§ 27-97.2.  Issuance of permit; background investigations.
A. The State Fire Marshal or other issuing authority shall consider all permit applications for manufacturing, storage, handling, use or sales of explosives and applications for certification as a blaster or as a fireworks operator or pyrotechnician, and may grant a valid permit or certification to applicants who meet the criteria established in the Statewide Fire Prevention Code. The State Fire Marshal shall require a background investigation, to include a national criminal history record information check, of all individual applicants and all designated persons representing an applicant that is not an individual, for a permit to manufacture, store, handle, use or sell explosives, and for any applicant for certification as a blaster or as a fireworks operator or pyrotechnician. Each such applicant shall submit his fingerprints to the State Fire Marshal on a form provided by the State Fire Marshal and provide personal descriptive information to be forwarded along with the applicant's fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining a national criminal history record check regarding such applicant. Any firm or company manufacturing, storing, using, or selling explosives shall provide to the enforcement agency, the State Fire Marshal or other issuing authority the name of a representative responsible for (i) ensuring compliance with state law and regulations relating to blasting agents and explosives and (ii) applying for permits. The State Fire Marshal or other issuing authority shall deny any application for a permit or for certification as a blaster or as a fireworks operator or pyrotechnician if the applicant or designated person representing an applicant has been convicted of any felony, whether such conviction occurred under the laws of the Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof, unless his civil rights have been restored by the Governor or other appropriate authority. The provisions of this section shall not apply to the manufacturing, storage, handling, use or sales of permissible fireworks or in connection with any fireworks display conducted by a volunteer fire department provided one member of the volunteer fire department holds a valid certification.

B. No permit under this section shall be required of any person holding a certification or permit issued pursuant to the provisions of Title 45.2.

2000, cc. 951, 1065; 2007, cc. 647, 741; 2010, cc. 587, 643.
Code of Virginia — Title 27 (Fire Protection), Chapter 9 (STATEWIDE FIRE PREVENTION CODE ACT)
§ 27-98.1. Inspections of buildings, structures, properties and premises.
In order to carry out the purposes of the Code and any regulations or standards adopted in pursuance thereof, the local fire official, upon presenting appropriate credentials to the owner, operator, or agent in charge, is authorized, with the consent of the owner, operator, or agent in charge to enter a building, structure, property or premises for the purpose of conducting an inspection, examination, testing, or collection of samples for testing, during regular working hours and at other reasonable times, and in a reasonable manner, to determine if the building, structures, systems, machines, apparatus, devices, equipment, and materials stored, used or handled, and all pertinent conditions therein, are in compliance with the requirements, regulations or standards set forth in the Code.

1988, c. 549.
Code of Virginia — Title 27 (Fire Protection), Chapter 9 (STATEWIDE FIRE PREVENTION CODE ACT)
§ 27-98.2. Issuance of warrant.
Search warrants for inspections or reinspection of buildings, structures, property, or premises subject to inspections pursuant to the Code, to determine compliance with regulations or standards set forth in the Code, shall be based upon a demonstration of probable cause and supported by affidavit. Such inspection warrants may be issued by any judge or magistrate having authority to issue criminal warrants whose territorial jurisdiction encompasses the building, structure, property or premises to be inspected or entered, if he is satisfied from the affidavit that there is probable cause for the issuance of an inspection warrant. No inspection warrant shall be issued pursuant to this chapter except upon probable cause, supported by affidavit, particularly describing the place, thing or property to be inspected, examined or tested and the purpose for which the inspection, examination, testing or collection of samples for testing is to be made. Probable cause shall be deemed to exist if such inspection, examination, testing or collection of samples for testing are necessary to ensure compliance with the Fire Prevention Code for the protection of life and property from the hazards of fire or explosion. The supporting affidavit shall contain either a statement that consent to inspect, examine, test or collect samples for testing has been sought and refused or facts or circumstances reasonably justifying the failure to seek such consent in order to enforce effectively the fire safety laws, regulations or standards of the Commonwealth which authorize such inspection, examination, testing or collection of samples for testing. In the case of an inspection warrant based upon legislative or administrative standards for selecting buildings, structures, property or premises for inspections, the affidavit shall contain factual allegations sufficient to justify an independent determination by the judge or magistrate that the inspection program is based on reasonable standards and that the standards are being applied to a particular place in a neutral and fair manner. The issuing judge or magistrate may examine the affiant under oath or affirmation to verify the accuracy of any matter in the affidavit. After issuing the warrant, the judge or magistrate shall file the affidavit in the manner prescribed by § 19.2-54.

1988, c. 549; 2014, c. 354.
Code of Virginia — Title 27 (Fire Protection), Chapter 9 (STATEWIDE FIRE PREVENTION CODE ACT)
§ 27-98.3. Duration of warrant.
An inspection warrant shall be effective for the time specified therein, for a period of not more than seven days, unless extended or renewed by the judicial officer who signed and issued the original warrant. The judicial officer may extend or renew the inspection warrant upon application for extension or renewal setting forth the results which have been obtained or a reasonable explanation of the failure to obtain such results. The extension or renewal period of the warrant shall not exceed seven days. The warrant shall be executed and returned to the clerk of the circuit court of the city or county wherein the inspection was made. The return shall list any samples taken pursuant to the warrant. After the expiration of such time, the warrant, unless executed, shall be void.

1988, c. 549; 2014, c. 354.

Code of Virginia — Title 27 (Fire Protection), Chapter 9 (STATEWIDE FIRE PREVENTION CODE ACT)
§ 27-98.4. Conduct of inspections, examinations, testing, or collection of samples.
No warrant shall be executed in the absence of the owner, operator or agent in charge of the particular building, structure, property or premises unless specifically authorized by the issuing judicial officer upon showing that such authority is reasonably necessary to effect the purposes of a statute or regulation being enforced. An entry pursuant to this warrant shall not be made forcibly, except that the issuing officer may expressly authorize a forcible entry (i) where facts are shown sufficient to create a reasonable suspicion of an immediate threat to an occupant of the particular building, structure, property, or premises, or, to the general safety and welfare of the public, or, to adjacent buildings, structures, properties or premises, or (ii) where facts are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful. If forcible entry is authorized, the warrant shall be issued jointly to the fire official and to a law-enforcement officer who shall accompany the fire official during the execution.

1988, c. 549.
Code of Virginia — Title 27 (Fire Protection), Chapter 9 (STATEWIDE FIRE PREVENTION CODE ACT)
§ 27-98.5. Review by courts.
A. No court of the Commonwealth shall have jurisdiction to hear a challenge to the warrant prior to its return to the clerk of the circuit court of the city or county wherein the inspection was made except as a defense in a contempt proceeding, unless the owner or custodian of the building, structure, property or premises to be inspected makes by affidavit a substantial preliminary showing accompanied by an offer of proof that (i) a false statement, knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in his affidavit for the inspection warrant and (ii) the false statement was necessary to the finding of probable cause. The court shall conduct such expeditious in camera view as the court may deem appropriate.

B. After the warrant has been executed and returned to the clerk of the circuit court of the city or county wherein the inspection was made, the validity of the warrant may be reviewed either as a defense to any citation issued by the fire official or otherwise by declaratory judgment action brought in a circuit court. In any such action, the review shall be confined to the face of the warrant and affidavits and supporting materials presented to the issuing judge unless the owner, operator, or agent in charge of whose building, structure, property or premises has been inspected makes a substantial showing by affidavit accompanied by an offer of proof that (i) a false statement, knowingly and intentionally, or with reckless disregard for the truth, was made in support of the warrant and (ii) the false statement was necessary to the finding of probable cause. The review shall only determine whether there is substantial evidence in the record supporting the decision to issue the warrant.

1988, c. 549; 2014, c. 354.
Code of Virginia — Title 27 (Fire Protection), Chapter 9 (STATEWIDE FIRE PREVENTION CODE ACT)
§ 27-99. State buildings.
The Fire Prevention Code shall be applicable to all state-owned buildings and structures. Every agency, commission or institution, including all institutions of higher education, of the Commonwealth shall permit, at all reasonable hours, a local fire official reasonable access to existing structures or a structure under construction or renovation, for the purposes of performing an informational and advisory fire safety inspection. The local fire official may submit, subsequent to performing such inspection, his findings and recommendations including a list of corrective actions necessary to ensure that such structure is reasonably safe from the hazards of fire to the appropriate official of such agency, commission, or institution and the State Fire Marshal. Such agency, commission or institution shall notify, within 60 days of receipt of such findings and recommendations, the State Fire Marshal and the local fire official of the corrective measures taken to eliminate the hazards reported by the local fire official. The State Fire Marshal shall have the same power in the enforcement of this section as is provided for in § 27-98.

The State Fire Marshal may enter into an agreement as is provided for in § 9.1-207 with any local enforcement agency that enforces the Fire Prevention Code to enforce this section and to take immediate enforcement action upon verification of a complaint of an imminent hazard such as a chained or blocked exit door, improper storage of flammable liquids, use of decorative materials and overcrowding.

1986, c. 429; 1989, c. 258; 1994, c. 275; 1997, c. 584; 2007, cc. 647, 741.
Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 1 (ADMINISTRATION)
§ 28.2-100. Definitions.
As used in this title, unless the context requires a different meaning:

"Commission" means the Marine Resources Commission.

"Commissioner" means the Commissioner of Marine Resources.

"Fish" or "marine fish" means those finfish species which spend a major portion of their lives in marine or estuarine waters. Sunfish, crappies, and carp are not considered to be marine fish.

"Fishing", "fisheries" or "to fish" means all operations involved in (i) taking or catching, (ii) using, setting or operating apparatus employed in killing, taking or catching, or (iii) transporting or preparing for market marine fish, shellfish, and marine organisms.

"Habitat" means those state-owned bottomlands, tidal wetlands and coastal primary sand dunes which are subject to regulation under Subtitle III of this title.

"Marine organisms" means those species other than marine finfish or marine shellfish which inhabit marine or estuarine waters. Terrapin and marine mammals are considered to be marine organisms.

"Marine shellfish" or "shellfish" means such species of mollusca as oysters and clams, and such species of crustacea as crabs.

"Officer" means a member of the Virginia Marine Police.

"Territorial sea" means the waters within the belt, three nautical miles wide, that is adjacent to Virginia's coast and seaward of the mean low-water mark.

"Tidewater Virginia" means the following counties: Accomack, Arlington, Caroline, Charles City, Chesterfield, Essex, Fairfax, Gloucester, Hanover, Henrico, Isle of Wight, James City, King and Queen, King George, King William, Lancaster, Mathews, Middlesex, New Kent, Northampton, Northumberland, Prince George, Prince William, Richmond, Spotsylvania, Stafford, Surry, Westmoreland, and York; and the Cities of Alexandria, Chesapeake, Colonial Heights, Fairfax, Falls Church, Fredericksburg, Hampton, Hopewell, Newport News, Norfolk, Petersburg, Poquoson, Portsmouth, Richmond, Suffolk, Virginia Beach, and Williamsburg.

Code 1950, § 28-1; 1962, c. 406, § 28.1-1; 1968, c. 746; 1972, c. 472; 1992, c. 836; 2002, c. 789.
Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 1 (ADMINISTRATION)
§ 28.2-101. Jurisdiction of Commission.
The jurisdiction of the Commission shall include the Commonwealth's territorial sea and extend to the fall line of all tidal rivers and streams except in the case of state-owned bottomlands where jurisdiction extends throughout the Commonwealth. The Commission shall have jurisdiction over all commercial fishing and all marine fish, marine shellfish, marine organisms, and habitat in such areas. In waters of the Albemarle and Currituck watersheds, the Commission's fisheries management jurisdiction is limited to the recreational and commercial harvest of blue crabs. The Commission's jurisdiction shall also include the power to exercise regulatory authority over all structures and improvements built or proposed by riparian property owners in the Potomac River appurtenant to the shore of the Commonwealth. The Commission shall exercise such regulatory authority in the Potomac River consistent with the provisions of Subtitle III (§ 28.2-1200 et seq.), and all regulations, guidance, and policies adopted thereunder.

Code 1950, § 28-3; 1950, p. 979; 1962, c. 406, § 28.1-3; 1968, c. 746; 1992, c. 836; 2005, c. 191; 2012, c. 595.
Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 1 (ADMINISTRATION)
§ 28.2-102. Commission membership; chairman; qualifications; terms; meetings.
A. The Commission shall consist of a chairman and eight additional members who, to the extent possible, shall be representative of all areas of interest in Virginia's marine resources, including commercial, recreational and environmental interests. At least one member shall, at the time of his appointment, have earned his livelihood for at least five years by working on Virginia waters and shall be licensed and registered as a commercial fisherman as defined in § 28.2-241, and one member shall be a representative of the sport fishing industry or a recreational fisherman who is not employed by the commercial fishing industry. The members, including the chairman, shall be appointed by the Governor and shall serve at his pleasure.

B. The chairman and two members of the Commission shall hold office for terms coincident with the term of the Governor making the appointments, or until their successors have been appointed and qualified. The terms of the remaining six members shall expire July 1, 1997, and these same six members shall be reappointed effective July 1, 1997, as successors. Their terms shall be as follows: two members shall be appointed for two-year terms, two members shall be appointed for three-year terms, and two members shall be appointed for four-year terms or until their successors are appointed and qualified. Thereafter, all appointments shall be for terms of four years or until their successors are appointed and qualified. No person, except the chairman, shall serve more than two consecutive four-year terms. Any vacancy shall be filled by the Governor for the unexpired term.

C. The chairman shall be an experienced administrator with knowledge of seafood and marine affairs. He shall serve as Commissioner of Marine Resources.

D. Five members shall constitute a quorum of the Commission.

E. The Commission shall meet on the call of the chairman or three members at such times as he or they may deem necessary, and at such places as he or they may designate.

Code 1950, §§ 28-11, 28-12, 28-17; 1956, c. 270; 1962, c. 406, §§ 28.1-4, 28.1-5, 28.1-10; 1968, c. 746; 1980, c. 387; 1987, c. 574; 1992, c. 836; 1997, c. 284; 1998, c. 161; 1999, c. 551.
Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 1 (ADMINISTRATION)
§ 28.2-103. General powers of Commission; promulgation of regulations.
The Commission shall exercise all of the powers herein conferred and may promulgate regulations and guidelines necessary to carry out the provisions of this title. Marine fisheries regulations shall be promulgated according to the procedures established in Article 2 (§ 28.2-209 et seq.) of Chapter 2 of this title. Habitat management regulations and guidelines shall be promulgated in accordance with the procedures established in Article 2 (§ 28.2-209 et seq.) of Chapter 2 of this title, unless specifically provided in subdivision A 8 or A 11 of § 2.2-4006 or subsection C of § 2.2-4011.

Code 1950, § 28-16; 1962, c. 406, § 28.1-9; 1972, c. 711, § 62.1-13.4; 1973, c. 148; 1982, c. 300; 1990, c. 811; 1992, c. 836; 1997, c. 845; 2010, c. 65.

Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 1 (ADMINISTRATION)
§ 28.2-104. Commissioner; general powers and duties.
The Commissioner shall:

1. Enforce the marine fishery and habitat laws and regulations;

2. Serve as chief executive officer of the Commission and devote full time to the duties of the office;

3. Appoint all personnel; and

4. Establish and equip a permanent office on the Virginia Peninsula.

For purposes of this section, "Virginia Peninsula" shall include the Cities of Hampton, Newport News, Williamsburg, and Poquoson, and the Counties of James City and York.

Code 1950, §§ 28-11, 28-16, 28-18, 28-19, 28-20; 1952, c. 177; 1962, c. 406, §§ 28.1-4, 28.1-9, 28.1-11, 28.1-12, 28.1-13, 28.1-23; 1968, c. 749; 1973, c. 148; 1983, c. 318; 1984, c. 463; 1992, c. 836; 2009, c. 103.
Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 1 (ADMINISTRATION)
§ 28.2-104.01. Policies for consultation with federally recognized Tribal Nations in the Commonwealth.
The Commission, with assistance from the Ombudsman for Tribal Consultation designated pursuant to § 2.2-401.01, shall develop policies and procedures to ensure an opportunity for meaningful and appropriate written consultation with federally recognized Tribal Nations in the Commonwealth regarding certain major actions or permits issued by the Commission. The Commission shall designate an agency official to evaluate the adequacy of consultation and ensure that agency consultation practices are consistent. Actions and permits appropriate for consultation shall include underwater recovery permits issued pursuant to § 10.1-2214 in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of § 2.2-401.01. The policies shall define an appropriate means of notifying federally recognized Tribal Nations in the Commonwealth based on tribal preferences, ensure that sufficient information and time is provided for the federally recognized Tribal Nations in the Commonwealth to fully engage in consultation regarding the proposed action, and establish procedures for the Commission to provide feedback to the federally recognized Tribal Nations in the Commonwealth to explain how their input was considered. Should feedback from the federally recognized Tribal Nations in the Commonwealth not be received by the deadline established in the Commission's policies and procedures, the consultation provisions of this section shall be deemed fulfilled.

2024, c. 830.
Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 1 (ADMINISTRATION)
§ 28.2-105. Legal representation for employees in criminal prosecution; compensation.
If any Commission employee is prosecuted on any criminal charge arising out of any act committed in the discharge of his official duties, the Commissioner may employ special counsel approved by the Attorney General to defend the employee. The compensation for special counsel shall, subject to the approval of the Attorney General, be paid out of the funds appropriated for the administration of the Commission.

1980, c. 255, § 28.1-12.1; 1992, c. 836.

Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 1 (ADMINISTRATION)
§ 28.2-106. Virginia Marine Police; law-enforcement responsibilities; qualifications; oath.
A. The law-enforcement division of the Commission shall be designated as the Virginia Marine Police. It shall exercise such powers and duties as the General Assembly may confer upon it by law and as provided in regulations adopted pursuant to law, including but not limited to:

1. Patrolling the tidal waters and shoreline of the Chesapeake Bay, its tidal tributaries, and territorial sea;

2. Enforcing marine fishery and habitat conservation laws and regulations;

3. Enforcing health laws pertaining to the harvesting of seafood from condemned areas;

4. Enforcing or assisting other agencies in enforcing laws pertaining to the removal of obstructions and abandoned vessels from the water, to boating operation and navigation, and to larceny on the water;

5. Providing for water-borne safety;

6. Conducting search and rescue activities; and

7. Protecting from terrorist attack federal and state water-related installations and other water-related locations within the tidal waters of the Commonwealth as may be designated by federal or state officials as important to national security.

B. Officers of the Virginia Marine Police shall have the same powers as (i) sheriffs and other law-enforcement officers to enforce all of the criminal laws of the Commonwealth, and (ii) regular conservation police officers appointed pursuant to Chapter 2 (§ 29.1-200 et seq.) of Title 29.1.

C. A person shall be (i) at least twenty-one years old and (ii) a high school graduate or equivalent to qualify for appointment as an officer.

D. Each officer shall qualify before the clerk of the circuit court of the county or city in which he resides, or in which his district may be, by taking the oaths prescribed by law.

Code 1950, § 28-36; 1962, c. 406, §§ 28.1-41, 28.1-42; 1964, c. 115; 1972, c. 824; 1973, c. 19; 1990, c. 521, § 28.1-45.1; 1991, c. 338, § 28.1-45.2; 1992, c. 836; 2001, c. 232; 2002, c. 789.
Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 1 (ADMINISTRATION)
§ 28.2-106.1. Patrol and enforcement of federal safety zones and restricted areas.
Pursuant to federal authorization or upon request from a federal agency, the Virginia Marine Police, conservation police officers of the Department of Wildlife Resources, and the marine patrol divisions of police departments located in Tidewater Virginia may patrol and enforce all federal security zones, federal safety zones, and federal restricted areas located within the tidal waters of the Commonwealth.

2002, c. 789; 2005, c. 516; 2007, c. 554; 2010, cc. 153, 500; 2020, c. 958.

Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 1 (ADMINISTRATION)
§ 28.2-106.2. Establishment, patrol, and enforcement of state water safety zones and restricted areas; penalty.
A. The Commission is authorized, following consultation with the U.S. Coast Guard and the U.S. Army Corps of Engineers, to establish, by regulation, state water safety zones and restricted areas within the tidal waters of the Commonwealth wherein public access shall be restricted or prohibited in the interest of public safety. Such zones or areas shall be consistent with federal law and made effective immediately upon establishment by the Commission. When, in the judgment of the Commissioner, time is of the essence and circumstances require action before a meeting of the Commission may be convened, the Commissioner is authorized, following consultation with the U.S. Coast Guard and the U.S. Army Corps of Engineers, to establish state water safety zones or restricted areas, subject to ratification by the Commission at its next regularly scheduled meeting. The provisions of the Administrative Process Act (§ 2.2-4000 et seq.) and §§ 28.2-209 through 28.2-215 shall not apply to regulations promulgated under this section. The Commission shall publicize the establishment and location of state water safety zones and restricted areas.

B. The Virginia Marine Police shall patrol and enforce all state water safety zones and restricted areas.

C. In times of officially declared national or state emergency, the Governor may adjust the boundaries of state water safety zones or restricted areas by executive order. Upon termination of emergency status, the boundaries shall return to those set forth in regulations.

D. A violation of any regulation promulgated under this section is a Class 1 misdemeanor.

2003, c. 389.

Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 1 (ADMINISTRATION)
§ 28.2-107. Commission to implement radio system.
The Commission shall take steps to implement an effective marine police radio dispatch system. In establishing and operating such a system on a permanent basis, the Commissioner may negotiate appropriate leases or other necessary agreements for base radio stations.

1972, c. 779, § 28.1-46.1; 1979, c. 670; 1992, c. 836; 2002, c. 789.