reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 27 - Fire Protection › Chapter 3 - Local Fire Marshals › § 27-34.2:1. Police powers of fire marshals

In addition to such other duties as may be prescribed by law, the local fire marshal and those assistants appointed pursuant to § 27-36 designated by the fire marshal shall, if authorized by the governing body of the county, city, or town appointing the local fire marshal, have the same police powers as a sheriff, police officer, or law-enforcement officer. The investigation and prosecution of all offenses involving hazardous materials, fires, fire bombings, bombings, attempts or threats to commit such offenses, false alarms relating to such offenses, and possession and manufacture of explosive devices, substances, and fire bombs shall be the responsibility of the fire marshal or his designee, if authorized by the governing body of the county, city, or town appointing the local fire marshal. The police powers granted in this section shall not be exercised by any local fire marshal or assistant until such person has satisfactorily completed a basic law-enforcement course for fire marshals with police powers, and maintains satisfactory participation in in-service and advanced courses and programs, designed by the Department of Fire Programs in cooperation with the Department of Criminal Justice Services, which course shall be approved by the Virginia Fire Services Board.
Current or prior certification as a law-enforcement officer, who retired or resigned from his position as a law-enforcement officer in good standing, may satisfy the police powers training requirements upon successful review to determine equivalency by the Department of Fire Programs in cooperation with the Department of Criminal Justice Services.
In addition, fire marshals with police powers shall continue to exercise those powers only upon satisfactory participation in in-service and advanced courses and programs designed by the Department of Fire Programs in cooperation with the Department of Criminal Justice Services, which courses shall be approved by the Virginia Fire Services Board.
1977, c. 209; 1979, c. 446; 1984, c. 779; 1986, c. 60; 1988, c. 65; 2000, cc. 39, 390; 2023, cc. 215, 216.
2023 Code of Virginia › Title 27 - Fire Protection › Chapter 3 - Local Fire Marshals › § 27-34.3. Power to order immediate compliance with law, etc., or prohibit use of building or equipment

The local fire marshal shall, if authorized by the governing body of the county, city or town appointing him, have the authority to exercise the powers authorized by the Fire Prevention Code. However, an order prohibiting the use of a building or equipment issued pursuant to this section shall not be effective beyond the date of a determination made by the authorities identified in and pursuant to § 27-97, regardless of whether or not said determination overrules, modifies or affirms the order of the local fire marshal. If an order of the local fire marshal issued pursuant to this section conflicts to any degree with an order previously issued by an authority identified in and pursuant to § 27-97, the latter order shall prevail. The local fire marshal shall immediately report to the authorities identified in § 27-97 on the issuance and content of any order issued pursuant to this section.
1975, c. 216; 1988, c. 199.
2023 Code of Virginia › Title 27 - Fire Protection › Chapter 3 - Local Fire Marshals › § 27-34.4. Inspection and review of plans of buildings under construction

Inspection of buildings other than state-owned buildings under construction and the review and approval of building plans for these structures for enforcement of the Uniform Statewide Building Code shall be the sole responsibility of the appropriate local building inspectors. Upon completion of such structures, responsibility for fire safety protection shall pass to the local fire marshal or official designated by the locality to enforce the Statewide Fire Prevention Code (§ 27-94 et seq.) in those localities which enforce the Statewide Fire Prevention Code.
1980, c. 498; 1989, c. 258.
2023 Code of Virginia › Title 27 - Fire Protection › Chapter 3 - Local Fire Marshals › § 27-36. Appointment, powers and duties of assistant fire marshals

The governing body of any county, city or town, or its designee may appoint one or more assistants, who, in the absence of the fire marshal, shall have the powers and perform the duties of the fire marshal.
Code 1919, § 3140; 1970, c. 187; 1984, c. 644; 1998, c. 236.
2023 Code of Virginia › Title 27 - Fire Protection › Chapter 3 - Local Fire Marshals › § 27-37. Oath of fire marshal and assistants

The fire marshal and his assistants, before entering upon their duties, shall respectively take an oath, before any officer authorized to administer oaths, faithfully to discharge the duties of such office; the certificate of the oath shall be returned to and preserved by such governing body.
Code 1919, § 3140.
2023 Code of Virginia › Title 27 - Fire Protection › Chapter 3 - Local Fire Marshals › § 27-37.1. Right of entry to investigate releases of hazardous material, hazardous waste, or regulated substances

A. The fire marshal shall have the right, if authorized by the governing body of the county, city, or town appointing the fire marshal, to enter upon any property from which a release of any hazardous material, hazardous waste, or regulated substance, as defined in § 10.1-1400 or 62.1-44.34:8, has occurred or is reasonably suspected to have occurred and which has entered into the ground water, surface water or soils of the county, city or town in order to investigate the extent and cause of any such release.
B. If, in undertaking such an investigation, the fire marshal makes an affidavit under oath that the origin or cause of any such release is undetermined and that he has been refused admittance to the property, or is unable to gain permission to enter the property, any magistrate serving the city or county where the property is located may issue an investigation warrant to the fire marshal authorizing him to enter such property for the purpose of determining the origin and source of the release. After issuing a warrant under this section, the magistrate shall file the affidavit in the manner prescribed by § 19.2-54. After executing the warrant, the fire marshal shall return the warrant to the clerk of the circuit court of the city or county wherein the investigation was made.
C. If the fire marshal, after gaining access to any property pursuant to such investigation warrant, has probable cause to believe that the release was caused by any act constituting a criminal offense, he shall discontinue the investigation until a search warrant has been obtained or consent to conduct the search has otherwise been given.
1992, c. 712; 2008, cc. 551, 691; 2014, c. 354.
2023 Code of Virginia › Title 27 - Fire Protection › Chapter 4 - Relief for Fire Fighters and Dependents › § 27-39. Counties, cities and towns authorized to provide relief

Any county, city or town which operates fire-fighting equipment may provide for the relief of (1) any children and surviving spouse of any fire fighter who dies (2) and on or before July 1, 1977, shall provide for the relief of any fire fighter who is disabled by injury or illness as the direct or proximate result of the performance of his duty, including the presumption under § 27-40.1, in the service of the county, city or town or any political subdivision with which it contracts or has contracted for fire protection, whether such fire fighter be a member of a fire company of the county in which the injury occurred or of a political subdivision with which it contracts for fire protection. Such total disability retirement benefits shall be not less than those provided under the in-line-of-duty disability retirement provisions of § 51.1-157. Such relief of any children and surviving spouse of any fire fighter who dies shall be exclusive of, and not dependent upon, any payment under the Line of Duty Act (§ 9.1-400 et seq.).
1946, p. 609; Michie Suppl. 1946, § 2743m; 1948, p. 161; 1970, c. 187; 1973, c. 543; 1976, c. 772; 1977, c. 326.
2023 Code of Virginia › Title 27 - Fire Protection › Chapter 4 - Relief for Fire Fighters and Dependents › § 27-40. Support of dependent children of firemen

The governing bodies of cities of the first class may, by ordinance adopted by a recorded vote of a majority of the members elected to each branch, if there be more than one branch, appropriate money out of the public funds to aid in the support of dependent children of members of the fire departments of such cities who may have lost their lives through injuries received or illness incurred while in the performance of their duties as members of such fire departments; such aid to continue in the case of each such child until he or she shall have attained the age of sixteen years, and the payment of same to be made monthly to the lawful guardian of such dependent children and in such amounts as the governing body of such city may deem wise and just.
1918, p. 224; Michie Code 1942, § 3035a.
2023 Code of Virginia › Title 27 - Fire Protection › Chapter 4 - Relief for Fire Fighters and Dependents › § 27-40.1. Presumption as to death or disability from respiratory diseases, hypertension or heart disease

The death of, or any condition or impairment of health of salaried or volunteer fire fighters caused by respiratory diseases, hypertension or heart disease resulting in total or partial disability shall be presumed to have been suffered in the line of duty unless the contrary be shown by a preponderance of competent evidence; provided that prior to making any claim based upon such presumption for retirement, sickness or other benefits on account of such death or total or partial disability, such salaried or volunteer fire fighters shall have been found free from respiratory diseases, hypertension or heart disease, as the case may be, by a physical examination which shall include such appropriate laboratory and other diagnostic studies as such governing body shall prescribe and which shall have been conducted by physicians whose qualifications shall have been prescribed by such governing body; and provided, further, that any such fire fighter or, in the case of his death, any person entitled to make a claim for such benefits, claiming that his death or disability was suffered in the line of duty shall, if requested by such governing body or its authorized representative, submit himself, in the case of claim for disability benefits, to physical examination by any physician designated by such governing body, which examination may include such tests or studies as may reasonably be prescribed by the physician so designated or, in the case of a claim for death benefits, submit the body of the deceased fire fighter to a postmortem examination to be performed by the medical examiner for the county, city or town appointed under § 32.1-282. Such fire fighter or claimant shall have the right to have present at such examination, at his own expense, any qualified physician he may designate.
1964, c. 216; 1972, c. 607; 1973, c. 543; 1976, c. 772; 1977, c. 326; 1978, c. 768.
2023 Code of Virginia › Title 27 - Fire Protection › Chapter 4 - Relief for Fire Fighters and Dependents › § 27-40.1:1. Performance of physical examinations required by § 27-40.1

Any county, city or town providing death, retirement, sickness or other benefits pursuant to the authority granted by § 27-39, or pursuant to any other provision of law or the charter of any city or town, or otherwise, shall do so exclusive of, and without regard to, any such benefits paid or payable out of the general fund of the state treasury pursuant to § 9.1-400 et seq. and shall by ordinance make provision for the employment of physicians and the performance of the physical examination required by § 27-40.1 and shall cause such examination to be made within ninety days after June 1, 1973, of every fire fighter in its service or the service of a political subdivision with which it has contracted for fire protection and of every fire fighter entering upon such service thereafter at the time of such entry, provided however, that any fire fighter employed by any such county, city or town which failed to cause such physical examination to be made on or before January 1, 1976, for any fire fighter employed prior to January 1, 1976, in its service or the service of a political subdivision with which it has contracted for fire protection shall be presumed to have been found free from respiratory disease, hypertension or heart disease as if such fire fighter had been examined pursuant to § 27-40.1. Such presumption shall also apply to the benefit of any fire fighter entering upon such service on or after January 1, 1976, unless said county, city or town shall cause such examination to be made of such fire fighter within ninety days after July 1, 1976. Every fire fighter entering upon such service on or after October 1, 1976, and thereafter, shall be entitled to the benefit of such presumption unless such county, city or town shall cause such examination to be made of such fire fighter at the time of such entry.
1973, c. 543; 1976, c. 772; 1977, c. 326.
2023 Code of Virginia › Title 27 - Fire Protection › Chapter 4 - Relief for Fire Fighters and Dependents › § 27-40.2. Employing such presumption in determining eligibility for benefits

Such presumption, subject to the provisions of § 27-40.1, shall be employed in determining eligibility for death, retirement, sickness and other benefits provided pursuant to the authority granted by §§ 27-39, 27-40, or pursuant to any other provision of law or the charter of any city or town, or otherwise for persons who die or become totally or partially disabled; provided, however, that such presumption shall be used to determine eligibility for death benefits for all fire fighters employed by the City of Portsmouth when death occurs subsequent to July 1, 1972.
1964, c. 216; 1972, c. 607; 1973, c. 543; 1974, c. 579; 1977, c. 326.
2023 Code of Virginia › Title 27 - Fire Protection › Chapter 4 - Relief for Fire Fighters and Dependents › § 27-40.4. Income earned during disability retirement; reduction in benefits

If any person is entitled to and receives pensions and benefits under this article and subsequently becomes employed, whether full-time or part-time, the pensions and benefits received shall be reduced by the amount of income received which exceeds the difference between the benefits received under this article and the amount of pay to which he would have been entitled had his employment progressed in the same rank and grade with credit for the level of seniority he would have attained had he not been disabled. Such a reduction in benefits shall continue until the time he becomes eligible for normal retirement, had he remained uninjured and continued his employment. For the purposes of this section, "income" means gross income received less deductions for social security taxes only.
Any person receiving pensions or benefits under the provisions of this article shall upon request, on or before May 1 of each year, provide a true and correct copy of all W-2 forms showing income received, or a statement under oath as to whether he has received compensation for work performed in the previous calendar year, to the governing body of the jurisdiction which is the source of the pension, or to that body's designee. Refusal to provide such documents shall be grounds for termination of benefits under this section, until such documents are produced. Production of the documents shall be required only until such time as the person shall be eligible for normal retirement, had he remained uninjured and continued his employment.
Nothing contained herein shall limit or restrict the right of any person to receive workers' compensation benefits under Title 65.2, as amended.
1983, c. 351.
2023 Code of Virginia › Title 27 - Fire Protection › Chapter 4 - Relief for Fire Fighters and Dependents › § 27-41. Relief provided for

Financial relief shall be extended by the counties, cities and towns of Virginia to volunteer fire fighters who are killed or injured while engaged in fighting fire or while responding to an alarm or returning from the scene of a fire, such relief to be paid in amounts and manner as hereinafter set forth.
1928, p. 1002; Michie Code 1942, § 3144a; 1970, c. 187; 1977, c. 326.
2023 Code of Virginia › Title 27 - Fire Protection › Chapter 4 - Relief for Fire Fighters and Dependents › § 27-42. Definition of term "volunteer fire fighters."

For the purposes of this article, the term "volunteer fire fighters" shall include only members of any organized fire-fighting company which has in its possession and operates fire-fighting apparatus and equipment, whose members serve without pay and whose names are maintained on a list kept by the secretary of such company. It shall be the responsibility of the secretary of such company or the secretary's designee to (i) file the list with the office of the clerk of the circuit court where such company is located, (ii) keep the list of such members up to date, and (iii) file the updated list with the clerk in a timely manner. The clerk shall not be responsible to obtain the list or an updated list from the secretary of the fire-fighting company if the list is not filed with the clerk.
1928, p. 1002; Michie Code 1942, § 3144b; 1977, c. 326; 2012, c. 802; 2014, c. 291.
2023 Code of Virginia › Title 27 - Fire Protection › Chapter 4 - Relief for Fire Fighters and Dependents › § 27-43. Payment on death

Should any volunteer fire fighter be killed while actually engaged in fighting fire, or while going to a fire in answer to an alarm or returning therefrom, the governing body of the county, city or town in which his company is located shall pay to his personal representative, for the benefit of his estate, the sum of $1,000.
1928, p. 1002; Michie Code 1942, § 3144c; 1970, c. 187; 1977, c. 326.
2023 Code of Virginia › Title 27 - Fire Protection › Chapter 4 - Relief for Fire Fighters and Dependents › § 27-44. Payments for total and permanent disability

Should any volunteer fire fighter be injured under circumstances set forth in § 27-43, so as to be totally and permanently disabled from making a livelihood, he shall be paid in like manner the sum of twenty-five dollars per week for forty weeks.
1928, p. 1002; Michie Code 1942, § 3144d; 1977, c. 326.
2023 Code of Virginia › Title 27 - Fire Protection › Chapter 4 - Relief for Fire Fighters and Dependents › § 27-45. Payments for partial disability

Should a volunteer fire fighter be injured under circumstances set forth in § 27-43, so as to be prevented from attending to his usual occupation for a period greater than two weeks, but not permanently and totally disabled, he shall be paid in like manner the sum of twenty-five dollars per week until able to return to his usual occupation, provided, that the payments shall not continue in any event for a period greater than ten weeks.
1928, p. 1002; Michie Code 1942, § 3144e; 1977, c. 326.
2023 Code of Virginia › Title 27 - Fire Protection › Chapter 4 - Relief for Fire Fighters and Dependents › § 27-46. Payment for hospital and medical services

In addition to the relief set forth in §§ 27-43 through 27-45, all necessary hospital charges and all necessary and proper medical, surgical, laboratory and operating room charges for any volunteer fire fighter arising out of any injury set forth in such sections shall be paid by such county, city or town.
1928, p. 1003; Michie Code 1942, § 3144f; 1970, c. 187; 1977, c. 326.
2023 Code of Virginia › Title 27 - Fire Protection › Chapter 4 - Relief for Fire Fighters and Dependents › § 27-47. Levy for funds

All funds necessary to carry out the provisions of this article shall be raised in the case of a city by a general levy on all property therein subject to taxation for local purposes; and in the case of a county one-half thereof shall be raised by a general levy throughout the county and one-half by the levy within the town or magisterial district in which the fire company is located on all property therein subject to taxation for local purpose.
1928, p. 1003; Michie Code 1942, § 3144g.
2023 Code of Virginia › Title 27 - Fire Protection › Chapter 4 - Relief for Fire Fighters and Dependents › § 27-48. Disputed questions of fact

Any disputed question of fact arising under the operation of this article shall be triable before the governing body of such county or city having jurisdiction of the company involved, and from the decision of such governing body the petitioner and the county or city, as the case may be, shall have an appeal of right to the circuit court of the county or the corporation court of the city. Such appeal on behalf of the county or city shall be taken by the attorney for the Commonwealth or the corporation counsel who shall prosecute the same in the trial court.
1928, p. 1003; Michie Code 1942, § 3144h.
2023 Code of Virginia › Title 27 - Fire Protection › Chapter 4 - Relief for Fire Fighters and Dependents › § 27-49. Special laws not affected

This article shall not be construed to repeal any special act now in force in any county or city for the relief of volunteer fire fighters or to limit the enactment of further special and local laws for such purpose.
1928, p. 1003; Michie Code 1942, § 3144i; 1977, c. 326.
2023 Code of Virginia › Title 27 - Fire Protection › Chapter 4 - Relief for Fire Fighters and Dependents › § 27-50. Adoption of article by counties, cities and towns

This article shall not become effective in any county, city or town until the governing body thereof shall adopt and approve the same by resolution duly passed and spread on its minutes.
1928, p. 1003; Michie Code 1942, § 3144j.
2023 Code of Virginia › Title 27 - Fire Protection › Chapter 5 - Safety Provisions Generally › § 27-51. Exits from public halls, theaters and opera houses

All owners or lessees of public halls, theaters or opera houses situated in any city or town, or in any county which has elected to come under the provisions of Article 1 (§ 27-6.01 et seq.) of Chapter 2 of this title, shall provide suitable and sufficient exits from such buildings. The doors to the exits shall remain unlocked during all performances or public gatherings in the buildings, and shall in all cases open outwardly, and not inwardly.
Code 1919, § 3142; R. P. 1948, § 27-36.
2023 Code of Virginia › Title 27 - Fire Protection › Chapter 5 - Safety Provisions Generally › § 27-52. Inspection of buildings designated in preceding section

In cities and towns having police and fire departments or having a fire inspector employed by such city or town, the respective heads of such departments and the mayor of such city or town shall, as a committee of three, or the fire inspector of such city or town, inspect at least semiannually, all buildings mentioned in § 27-51 which are located in their city or town, and see that the provisions thereof are complied with.
In cities and towns which do not possess police and fire departments or a fire inspector, the mayor and two members of the council to be selected by the mayor shall, as a committee of three, inspect all such buildings located in their city or town semiannually, and see that the provisions of § 27-51 are complied with. Any such building as to which such provisions have not been complied with, may be closed by order of the mayor of the city or town until the provisions are complied with.
Code 1919, § 3143; R. P. 1948, § 27-37; 1974, c. 41.
2023 Code of Virginia › Title 27 - Fire Protection › Chapter 5 - Safety Provisions Generally › § 27-53. Penalty for violating § 27-51; separate offenses

Any owner or lessee of any such building, who shall violate any of the provisions of § 27-51, shall be punishable by a fine of not less than $100 nor more than $500, or by confinement in jail not less than 6 nor more than 12 months, or by both. The continuation of any failure to comply with the provisions of such section for each week after notice has been given the owner or lessee of the buildings that the exits are unsafe or insufficient shall be deemed a separate offense.
Code 1919, § 3144; R. P. 1948, § 27-38.
2023 Code of Virginia › Title 27 - Fire Protection › Chapter 5 - Safety Provisions Generally › § 27-54. Governing body to make additional safety provisions

The governing body of any city or town, or of any such county, shall make such further provisions insuring the safety of the public using such buildings as is mentioned in § 27-51 as such governing body may see proper to make, not in conflict with such section.
Code 1919, § 3145; R. P. 1948, § 27-39.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.