{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/27-98.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/27-98.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/27-98.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/27-98.2.html"}],"law_id":84932,"edition_id":1,"section_id":84932,"structure_id":15291,"section_number":"27-98.2","catch_line":"Issuance of warrant","history":"1988, c. 549; 2014, c. 354.","full_text":"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 \u00a7 19.2-54.","order_by":null,"text":{"0":{"id":304300,"text":"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 \u00a7 19.2-54.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15291,"edition_id":1,"name":"Statewide Fire Prevention Code Act","identifier":"9","label":"chapter","depth":2,"order_by":1,"parent_id":13504,"metadata":{},"date_created":"2026-06-26 03:53:40","date_modified":"2026-06-26 03:53:40","permalink":{"id":190515,"object_type":"structure","relational_id":15291,"identifier":"9","token":"27\/9","url":"\/27\/9\/","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":84974,"structure_id":15291,"section_number":"27-100","catch_line":"Violation a misdemeanor","url":"\/27-100\/","token":"27\/9\/27-100","metadata":false},{"id":66307,"structure_id":15291,"section_number":"27-100.1","catch_line":"Seizure and destruction of certain fireworks","url":"\/27-100.1\/","token":"27\/9\/27-100.1","metadata":false},{"id":83983,"structure_id":15291,"section_number":"27-101","catch_line":"Injunction upon application","url":"\/27-101\/","token":"27\/9\/27-101","metadata":false},{"id":65870,"structure_id":15291,"section_number":"27-94","catch_line":"Short title","url":"\/27-94\/","token":"27\/9\/27-94","metadata":false},{"id":85367,"structure_id":15291,"section_number":"27-95","catch_line":"Definitions","url":"\/27-95\/","token":"27\/9\/27-95","metadata":false},{"id":66454,"structure_id":15291,"section_number":"27-96","catch_line":"Statewide standards","url":"\/27-96\/","token":"27\/9\/27-96","metadata":false},{"id":68566,"structure_id":15291,"section_number":"27-96.1","catch_line":"Chapter inapplicable to certain uses of fireworks","url":"\/27-96.1\/","token":"27\/9\/27-96.1","metadata":false},{"id":81709,"structure_id":15291,"section_number":"27-96.2","catch_line":"Exemptions generally","url":"\/27-96.2\/","token":"27\/9\/27-96.2","metadata":false},{"id":68330,"structure_id":15291,"section_number":"27-97","catch_line":"Adoption of Fire Prevention Code","url":"\/27-97\/","token":"27\/9\/27-97","metadata":false},{"id":58211,"structure_id":15291,"section_number":"27-97.1","catch_line":"Reports of stolen explosives","url":"\/27-97.1\/","token":"27\/9\/27-97.1","metadata":false},{"id":61409,"structure_id":15291,"section_number":"27-97.2","catch_line":" Issuance of permit; background investigations","url":"\/27-97.2\/","token":"27\/9\/27-97.2","metadata":false},{"id":73713,"structure_id":15291,"section_number":"27-98","catch_line":"Enforcement of Fire Prevention Code; appeals from decisions of local enforcing agencies; inspection of buildings","url":"\/27-98\/","token":"27\/9\/27-98","metadata":false},{"id":86839,"structure_id":15291,"section_number":"27-98.1","catch_line":"Inspections of buildings, structures, properties and premises","url":"\/27-98.1\/","token":"27\/9\/27-98.1","metadata":false},{"id":84932,"structure_id":15291,"section_number":"27-98.2","catch_line":"Issuance of warrant","url":"\/27-98.2\/","token":"27\/9\/27-98.2","metadata":false},{"id":87483,"structure_id":15291,"section_number":"27-98.3","catch_line":"Duration of warrant","url":"\/27-98.3\/","token":"27\/9\/27-98.3","metadata":false},{"id":58342,"structure_id":15291,"section_number":"27-98.4","catch_line":"Conduct of inspections, examinations, testing, or collection of samples","url":"\/27-98.4\/","token":"27\/9\/27-98.4","metadata":false},{"id":71112,"structure_id":15291,"section_number":"27-98.5","catch_line":"Review by courts","url":"\/27-98.5\/","token":"27\/9\/27-98.5","metadata":false},{"id":82703,"structure_id":15291,"section_number":"27-99","catch_line":"State buildings","url":"\/27-99\/","token":"27\/9\/27-99","metadata":false}],"previous_section":{"id":86839,"structure_id":15291,"section_number":"27-98.1","catch_line":"Inspections of buildings, structures, properties and premises","url":"\/27-98.1\/","token":"27\/9\/27-98.1","metadata":false},"next_section":{"id":87483,"structure_id":15291,"section_number":"27-98.3","catch_line":"Duration of warrant","url":"\/27-98.3\/","token":"27\/9\/27-98.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/27-98.2\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapter 549 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 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 2014, chapter 354<\/a>.<\/p>","references":false,"refers_to":[{"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\/"}],"permalink":{"id":190569,"object_type":"law","relational_id":84932,"identifier":"27-98.2","token":"27\/9\/27-98.2","url":"\/27-98.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/27-98.2\/","token":"27\/9\/27-98.2","dublin_core":{"Title":"Issuance of warrant","Type":"Text","Format":"text\/html","Identifier":"\u00a7 27-98.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Search warrants<\/span> 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<\/span> and supported by affidavit<\/span>. Such inspection warrants<\/span> may be issued by any judge<\/span> or magistrate<\/span> having authority to issue<\/span> criminal warrants whose territorial jurisdiction<\/span> encompasses the building, structure, property or premises to be inspected or entered, if he is satisfied from the affidavit<\/span> that there is probable cause<\/span> for the issuance of an inspection warrant<\/span>. No inspection warrant<\/span> shall be issued pursuant to this chapter except upon probable cause<\/span>, supported by affidavit<\/span>, 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<\/span> 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<\/span> for the protection of life and property from the hazards of fire or explosion. The supporting affidavit<\/span> shall contain either a statement that consent to inspect, examine, test or collect samples for testing has been sought and refused or facts<\/span> or circumstances reasonably justifying the failure to seek such consent in order<\/span> to enforce effectively the fire safety laws<\/span>, 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<\/span> based upon legislative or administrative standards for selecting buildings, structures, property or premises for inspections, the affidavit<\/span> shall contain factual allegations<\/span> sufficient to justify an independent determination by the judge<\/span> or magistrate<\/span> 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<\/span> or magistrate<\/span> may examine the affiant under oath<\/span> or affirmation to verify the accuracy of any matter in the affidavit<\/span>. After issuing the warrant, the judge<\/span> or magistrate<\/span> shall file the affidavit<\/span> in the manner prescribed by \u00a7 19.2-54<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nISSUANCE OF WARRANT (\u00a7 27-98.2)\n\nSearch warrants for inspections or reinspection of buildings, structures,\nproperty, or premises subject to inspections pursuant to the Code, to determine\ncompliance with regulations or standards set forth in the Code, shall be based\nupon a demonstration of probable cause and supported by affidavit. Such\ninspection warrants may be issued by any judge or magistrate having authority to\nissue criminal warrants whose territorial jurisdiction encompasses the building,\nstructure, property or premises to be inspected or entered, if he is satisfied\nfrom the affidavit that there is probable cause for the issuance of an\ninspection warrant. No inspection warrant shall be issued pursuant to this\nchapter except upon probable cause, supported by affidavit, particularly\ndescribing the place, thing or property to be inspected, examined or tested and\nthe purpose for which the inspection, examination, testing or collection of\nsamples for testing is to be made. Probable cause shall be deemed to exist if\nsuch inspection, examination, testing or collection of samples for testing are\nnecessary to ensure compliance with the Fire Prevention Code for the protection\nof life and property from the hazards of fire or explosion. The supporting\naffidavit shall contain either a statement that consent to inspect, examine,\ntest or collect samples for testing has been sought and refused or facts or\ncircumstances reasonably justifying the failure to seek such consent in order to\nenforce effectively the fire safety laws, regulations or standards of the\nCommonwealth which authorize such inspection, examination, testing or collection\nof samples for testing. In the case of an inspection warrant based upon\nlegislative or administrative standards for selecting buildings, structures,\nproperty or premises for inspections, the affidavit shall contain factual\nallegations sufficient to justify an independent determination by the judge or\nmagistrate that the inspection program is based on reasonable standards and that\nthe standards are being applied to a particular place in a neutral and fair\nmanner. The issuing judge or magistrate may examine the affiant under oath or\naffirmation to verify the accuracy of any matter in the affidavit. After issuing\nthe warrant, the judge or magistrate shall file the affidavit in the manner\nprescribed by \u00a7 19.2-54.\n\nHISTORY: 1988, c. 549; 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}}