{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/27-37.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/27-37.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/27-37.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/27-37.1.html"}],"law_id":84739,"edition_id":1,"section_id":84739,"structure_id":15172,"section_number":"27-37.1","catch_line":"Right of entry to investigate releases of hazardous material, hazardous waste, or regulated substances","history":"1992, c. 712; 2008, cc. 551, 691; 2014, c. 354.","full_text":"A\n\nThe 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\n\nIf, 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\n\nIf 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.","order_by":null,"text":{"0":{"id":303669,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":303670,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":303671,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15172,"edition_id":1,"name":"Local Fire Marshals","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":13504,"metadata":{},"date_created":"2026-06-26 03:52:41","date_modified":"2026-06-26 03:52:41","permalink":{"id":190183,"object_type":"structure","relational_id":15172,"identifier":"3","token":"27\/3","url":"\/27\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13504,"edition_id":1,"name":"Fire Protection","identifier":"27","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:45:05","date_modified":"2026-06-26 03:45:05","permalink":{"id":189965,"object_type":"structure","relational_id":13504,"identifier":"27","token":"27","url":"\/27\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69739,"structure_id":15172,"section_number":"27-30","catch_line":"Appointment of fire marshal","url":"\/27-30\/","token":"27\/3\/27-30","metadata":false},{"id":58177,"structure_id":15172,"section_number":"27-31","catch_line":"Investigation of fires and explosions","url":"\/27-31\/","token":"27\/3\/27-31","metadata":false},{"id":66318,"structure_id":15172,"section_number":"27-32","catch_line":"Summoning witnesses and taking evidence","url":"\/27-32\/","token":"27\/3\/27-32","metadata":false},{"id":65417,"structure_id":15172,"section_number":"27-32.1","catch_line":"Right of entry to investigate cause of fire or explosion","url":"\/27-32.1\/","token":"27\/3\/27-32.1","metadata":false},{"id":70646,"structure_id":15172,"section_number":"27-32.2","catch_line":"Issuance of fire investigation warrant","url":"\/27-32.2\/","token":"27\/3\/27-32.2","metadata":false},{"id":57781,"structure_id":15172,"section_number":"27-33","catch_line":"Report of investigation","url":"\/27-33\/","token":"27\/3\/27-33","metadata":false},{"id":63090,"structure_id":15172,"section_number":"27-34","catch_line":"Duties and powers at fires","url":"\/27-34\/","token":"27\/3\/27-34","metadata":false},{"id":77843,"structure_id":15172,"section_number":"27-34.1","catch_line":"Power of fire marshal or fire chief to take property found at scene of fire or explosion; restitution of such property","url":"\/27-34.1\/","token":"27\/3\/27-34.1","metadata":false},{"id":73497,"structure_id":15172,"section_number":"27-34.2","catch_line":"Power to arrest, to procure and serve warrants and to issue summons; limitation on authority","url":"\/27-34.2\/","token":"27\/3\/27-34.2","metadata":false},{"id":66294,"structure_id":15172,"section_number":"27-34.2:1","catch_line":"Police powers of fire marshals","url":"\/27-34.2_1\/","token":"27\/3\/27-34.2_1","metadata":false},{"id":78703,"structure_id":15172,"section_number":"27-34.3","catch_line":"Power to order immediate compliance with law, etc., or prohibit use of building or equipment","url":"\/27-34.3\/","token":"27\/3\/27-34.3","metadata":false},{"id":63484,"structure_id":15172,"section_number":"27-34.4","catch_line":"Inspection and review of plans of buildings under construction","url":"\/27-34.4\/","token":"27\/3\/27-34.4","metadata":false},{"id":84379,"structure_id":15172,"section_number":"27-35","catch_line":"Penalty for failure to discharge duty","url":"\/27-35\/","token":"27\/3\/27-35","metadata":false},{"id":83809,"structure_id":15172,"section_number":"27-36","catch_line":"Appointment, powers and duties of assistant fire marshals","url":"\/27-36\/","token":"27\/3\/27-36","metadata":false},{"id":87151,"structure_id":15172,"section_number":"27-37","catch_line":"Oath of fire marshal and assistants","url":"\/27-37\/","token":"27\/3\/27-37","metadata":false},{"id":84739,"structure_id":15172,"section_number":"27-37.1","catch_line":"Right of entry to investigate releases of hazardous material, hazardous waste, or regulated substances","url":"\/27-37.1\/","token":"27\/3\/27-37.1","metadata":false}],"previous_section":{"id":87151,"structure_id":15172,"section_number":"27-37","catch_line":"Oath of fire marshal and assistants","url":"\/27-37\/","token":"27\/3\/27-37","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/27-37.1\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 712 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1992 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2008, chapters 551<\/a> and 691<\/a>; in 2014, chapter 354<\/a>.<\/p>","references":false,"refers_to":[{"id":84539,"section_number":"10.1-1400","catch_line":"Definitions","order_by":null,"url":"\/10.1-1400\/"},{"id":78769,"section_number":"19.2-54","catch_line":"Affidavit preliminary to issuance of search warrant; general search warrant prohibited; effect of failure to file affidavit","order_by":null,"url":"\/19.2-54\/"},{"id":59286,"section_number":"62.1-44.34:8","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.34_8\/"}],"permalink":{"id":190245,"object_type":"law","relational_id":84739,"identifier":"27-37.1","token":"27\/3\/27-37.1","url":"\/27-37.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/27-37.1\/","token":"27\/3\/27-37.1","dublin_core":{"Title":"Right of entry to investigate releases of hazardous material, hazardous waste, or regulated substances","Type":"Text","Format":"text\/html","Identifier":"\u00a7 27-37.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 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<\/span>, hazardous waste, or regulated substance, as defined in § 10.1-1400<\/a> or 62.1-44.34:8<\/a>, 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<\/span> to investigate the extent and cause of any such release. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If, in undertaking such an investigation, the fire marshal makes an affidavit<\/span> under oath<\/span> 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<\/span> serving the city or county where the property is located may issue<\/span> 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<\/span> shall file the affidavit<\/span> in the manner prescribed by § 19.2-54<\/a>. After executing the warrant, the fire marshal shall return the warrant to the clerk of the circuit<\/span> court<\/span> of the city or county wherein the investigation was made. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the fire marshal, after gaining access to any property pursuant to such investigation warrant, has probable cause<\/span> to believe that the release was caused by any act constituting a criminal offense<\/span>, he shall discontinue the investigation until a search warrant<\/span> has been obtained or consent to conduct the search has otherwise been given. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRIGHT OF ENTRY TO INVESTIGATE RELEASES OF HAZARDOUS MATERIAL, HAZARDOUS WASTE,\nOR REGULATED SUBSTANCES (\u00a7 27-37.1)\n\nA. The fire marshal shall have the right, if authorized by the governing body of\nthe county, city, or town appointing the fire marshal, to enter upon any\nproperty from which a release of any hazardous material, hazardous waste, or\nregulated substance, as defined in § 10.1-1400 or 62.1-44.34:8, has\noccurred or is reasonably suspected to have occurred and which has entered into\nthe ground water, surface water or soils of the county, city or town in order to\ninvestigate the extent and cause of any such release.\n\nB. If, in undertaking such an investigation, the fire marshal makes an affidavit\nunder oath that the origin or cause of any such release is undetermined and that\nhe has been refused admittance to the property, or is unable to gain permission\nto enter the property, any magistrate serving the city or county where the\nproperty is located may issue an investigation warrant to the fire marshal\nauthorizing him to enter such property for the purpose of determining the origin\nand source of the release. After issuing a warrant under this section, the\nmagistrate shall file the affidavit in the manner prescribed by § 19.2-54.\nAfter executing the warrant, the fire marshal shall return the warrant to the\nclerk of the circuit court of the city or county wherein the investigation was\nmade.\n\nC. If the fire marshal, after gaining access to any property pursuant to such\ninvestigation warrant, has probable cause to believe that the release was caused\nby any act constituting a criminal offense, he shall discontinue the\ninvestigation until a search warrant has been obtained or consent to conduct the\nsearch has otherwise been given.\n\nHISTORY: 1992, c. 712; 2008, cc. 551, 691; 2014, c. 354.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}