{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/27-98.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/27-98.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/27-98.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/27-98.5.html"}],"law_id":71112,"edition_id":1,"section_id":71112,"structure_id":15291,"section_number":"27-98.5","catch_line":"Review by courts","history":"1988, c. 549; 2014, c. 354.","full_text":"A\n\nNo 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\n\nAfter 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.","order_by":null,"text":{"0":{"id":256391,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":256392,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"next_section":{"id":82703,"structure_id":15291,"section_number":"27-99","catch_line":"State buildings","url":"\/27-99\/","token":"27\/9\/27-99","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/27-98.5\/","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":false,"permalink":{"id":190581,"object_type":"law","relational_id":71112,"identifier":"27-98.5","token":"27\/9\/27-98.5","url":"\/27-98.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/27-98.5\/","token":"27\/9\/27-98.5","dublin_core":{"Title":"Review by courts","Type":"Text","Format":"text\/html","Identifier":"\u00a7 27-98.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No court<\/span> of the Commonwealth shall have jurisdiction<\/span> to hear a challenge to the warrant prior to its return to the clerk of the circuit<\/span> court<\/span> of the city or county wherein the inspection was made except as a defense in a contempt<\/span> proceeding, unless the owner or custodian of the building, structure, property or premises to be inspected makes by affidavit<\/span> 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<\/span> for the inspection warrant<\/span> and (ii) the false statement was necessary to the finding<\/span> of probable cause<\/span>. The court<\/span> shall conduct such expeditious in camera<\/span> view as the court<\/span> may deem appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> After the warrant has been executed and returned to the clerk of the circuit<\/span> court<\/span> 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<\/span> issued by the fire official or otherwise by declaratory judgment<\/span> action brought in a circuit<\/span> court<\/span>. In any such action, the review shall be confined to the face of the warrant and affidavits<\/span> and supporting materials<\/span> presented to the issuing judge<\/span> unless the owner, operator, or agent in charge of whose building, structure, property or premises has been inspected makes a substantial showing by affidavit<\/span> 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<\/span> of probable cause<\/span>. The review shall only determine whether there is substantial evidence<\/span> in the record supporting the decision to issue<\/span> the warrant. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREVIEW BY COURTS (\u00a7 27-98.5)\n\nA. No court of the Commonwealth shall have jurisdiction to hear a challenge to\nthe warrant prior to its return to the clerk of the circuit court of the city or\ncounty wherein the inspection was made except as a defense in a contempt\nproceeding, unless the owner or custodian of the building, structure, property\nor premises to be inspected makes by affidavit a substantial preliminary showing\naccompanied by an offer of proof that (i) a false statement, knowingly and\nintentionally, or with reckless disregard for the truth, was included by the\naffiant in his affidavit for the inspection warrant and (ii) the false statement\nwas necessary to the finding of probable cause. The court shall conduct such\nexpeditious in camera view as the court may deem appropriate.\n\nB. After the warrant has been executed and returned to the clerk of the circuit\ncourt of the city or county wherein the inspection was made, the validity of the\nwarrant may be reviewed either as a defense to any citation issued by the fire\nofficial or otherwise by declaratory judgment action brought in a circuit court.\nIn any such action, the review shall be confined to the face of the warrant and\naffidavits and supporting materials presented to the issuing judge unless the\nowner, operator, or agent in charge of whose building, structure, property or\npremises has been inspected makes a substantial showing by affidavit accompanied\nby an offer of proof that (i) a false statement, knowingly and intentionally, or\nwith reckless disregard for the truth, was made in support of the warrant and\n(ii) the false statement was necessary to the finding of probable cause. The\nreview shall only determine whether there is substantial evidence in the record\nsupporting the decision to issue the warrant.\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}}