{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-401.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-401.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-401.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-401.html"}],"law_id":76092,"edition_id":1,"section_id":76092,"structure_id":15198,"section_number":"38.2-401","catch_line":"(Effective July 1, 2026) Fire Programs Fund","history":"1985, c. 545, \u00a7 38.1-44.1; 1986, cc. 60, 562; 1988, c. 336; 1995, cc. 615, 637; 1997, c. 791; 1998, cc. 166, 877; 2000, c. 820; 2001, cc. 397, 413; 2002, c. 389; 2004, c. 164; 2006, cc. 58, 322; 2007, cc. 647, 741; 2018, c. 649; 2019, c. 509; 2025, cc. 56, 69.","full_text":"A\n\n1. There is hereby established in the state treasury a special nonreverting fund to be known as the Fire Programs Fund, hereinafter referred to as “the Fund.” The Fund shall be administered by the Department of Fire Programs under policies and definitions established by the Virginia Fire Services Board. All moneys collected pursuant to the assessment made by the Commission pursuant to subdivision 2 of this subsection shall be paid into the state treasury and credited to the Fund. The Fund shall also consist of any moneys appropriated thereto by the General Assembly and any grants or other moneys received by the Virginia Fire Services Board or Department of Fire Programs for the purposes set forth in this section. Any moneys deposited to or remaining in such Fund during or at the end of each fiscal year or biennium, including interest thereon, shall not revert to the general fund but shall remain in the Fund. Interest earned on all moneys in the Fund and interest earned on moneys held by the Commission pursuant to subdivision 2 of this subsection prior to the deposit of such moneys into the Fund, including interest earned on such moneys during any period when the Commission is reconciling payments from insurers, shall remain in or be deposited into the Fund, as the case may be, and be credited to it. Such interest shall be set aside for fire service purposes in accordance with policies developed by the Virginia Fire Services Board. Notwithstanding any other provision of law to the contrary, policies established by the Virginia Fire Services Board for the administration of the Fund, and any grants provided from the Fund, that are not inconsistent with the purposes set out in this section shall be binding upon any locality that accepts such funds or related grants. The Commission shall be reimbursed from the Fund for all expenses necessary for the administration of this section. The balance of moneys in the Fund shall be allocated periodically as provided in this section. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Executive Director of the Department of Fire Programs (Director) or his designee.2\n\nThe Commission shall annually assess against all licensed insurance companies doing business in the Commonwealth by writing any type of insurance as defined in §§ 38.2-110, 38.2-111, 38.2-126, 38.2-130 and 38.2-131 and those combination policies as defined in § 38.2-1921 that contain insurance as defined in §§ 38.2-110, 38.2-111 and 38.2-126, an assessment in the amount of one percent of the total direct gross premium income for such insurance. Such assessment shall be apportioned, assessed and paid as prescribed by § 38.2-403. In any year in which a company has no direct gross premium income or in which its direct gross premium income is insufficient to produce at the rate of assessment prescribed by law an amount equal to or in excess of $100, there shall be so apportioned and assessed against such company a contribution of $100.B\n\nAfter reserving funds for the Fire Services Grant Program and Dry Fire Hydrant Grant Program pursuant to subsection D, 75 percent of the remaining moneys available for allocation from the Fund shall be allocated to the several counties, cities, and towns of the Commonwealth providing fire service operations to be used for the improvement of volunteer and career fire services in each of the receiving localities. Funds allocated to the counties, cities, and towns pursuant to this subsection shall not be used directly or indirectly to supplant or replace any other funds appropriated by the counties, cities, and towns for fire service operations. Such funds shall be used solely for the purposes of (i) training volunteer or career firefighting personnel in each of the receiving localities; (ii) funding fire prevention and public safety education programs; (iii) constructing, improving, and expanding regional or local fire service training facilities; (iv) purchasing emergency medical care and equipment for fire personnel; (v) payment of personnel costs related to fire and medical training for fire personnel; (vi) purchasing personal protective equipment, vehicles, equipment, and supplies for use in the receiving locality specifically for fire service purposes; or (vii) providing training and education and purchasing products, including personal protective equipment, diesel exhaust removal systems, decontamination equipment, and commercial extractors, that are designed to reduce the incidence of cancer among firefighters. Notwithstanding any other provision of the Code, when localities use such funds to construct, improve, or expand fire service training facilities, fire-related training provided at such training facilities shall be by instructors certified or approved according to policies developed by the Virginia Fire Services Board. Distribution of this 75 percent of the Fund shall be made on the basis of population as provided for in §§ 4.1-116 and 4.1-117; however, no county or city eligible for such funds shall receive less than $10,000, nor eligible town less than $4,000. The Virginia Fire Services Board shall be authorized to exceed allocations of $10,000 for eligible counties and cities and $4,000 for eligible towns, respectively. Allocations to counties, cities, and towns receiving such allocations shall be fair and equitable as set forth in Board policy. Any increases or decreases in such allocations shall be uniform for all localities. In order to remain eligible for such funds, each receiving locality shall report annually to the Department on the use of the funds allocated to it for the previous year, shall provide a completed Fire Programs Fund Disbursement Agreement form, and shall report, in accordance with the requirements set by the Virginia Fire Services Board, all emergency incidents through the National Emergency Response Information System (NERIS) while sharing such emergency incident data with the Department of Fire Programs in its capacity as state manager of NERIS. Each receiving locality shall be responsible for certifying the proper use of the funds. If, at the end of any annual reporting period, a satisfactory report and a completed agreement form have not been submitted by a receiving locality, any funds due to that locality for the next year shall not be retained. Such funds shall be added to the 75 percent of the Fund allocated to the counties, cities, and towns of the Commonwealth for improvement of fire services in localities.C\n\nThe remainder of the moneys available for allocation from the Fund shall be used for (i) the purposes of carrying out the powers and duties assigned to the Department of Fire Programs under Chapter 2 (§ 9.1-200) of Title 9.1, which shall include providing funded training and administrative support services for nonfunded training to localities and (ii) the payment of the compensation and costs of expenses of the members of the Virginia Fire Services Board in performing their official duties; however, the Fund shall not be used for salaries or operating expenses associated with the Office of the State Fire Marshal.D\n\nThe Fire Services Grant Program is hereby established and will be used as grants to provide regional fire services training facilities, to finance the Virginia Fire Incident Reporting System and to build or repair live fire training structures as determined by the Virginia Fire Services Board. Beginning January 1, 1996, $1 million from the assessments made pursuant to this section shall be distributed each year for the Fire Services Grant Program to be used as herein provided, and $100,000 shall be distributed annually for continuing the statewide Dry Fire Hydrant Grant Program. Moneys allocated pursuant to this subsection shall be used for the purposes stated in this subsection, and for no other purpose. All grants provided from these programs shall be administered by the Department according to the policies established by the Virginia Fire Services Board.E\n\nMoneys in the Fund shall not be diverted or expended for any purpose not authorized by this section.F\n\nThe Director shall establish written standards for determining the extent to which clients outside the Commonwealth shall be financially responsible for the cost of fire and emergency services training provided by the Department of Fire Programs. Revenues generated by such training shall be retained in the Fire Programs Fund and may be used solely for providing additional funded direct training to members of Virginia’s fire and emergency services.","order_by":null,"text":{"0":{"id":273097,"text":"1. There is hereby established in the state treasury a special nonreverting fund to be known as the Fire Programs Fund, hereinafter referred to as “the Fund.” The Fund shall be administered by the Department of Fire Programs under policies and definitions established by the Virginia Fire Services Board. All moneys collected pursuant to the assessment made by the Commission pursuant to subdivision 2 of this subsection shall be paid into the state treasury and credited to the Fund. The Fund shall also consist of any moneys appropriated thereto by the General Assembly and any grants or other moneys received by the Virginia Fire Services Board or Department of Fire Programs for the purposes set forth in this section. Any moneys deposited to or remaining in such Fund during or at the end of each fiscal year or biennium, including interest thereon, shall not revert to the general fund but shall remain in the Fund. Interest earned on all moneys in the Fund and interest earned on moneys held by the Commission pursuant to subdivision 2 of this subsection prior to the deposit of such moneys into the Fund, including interest earned on such moneys during any period when the Commission is reconciling payments from insurers, shall remain in or be deposited into the Fund, as the case may be, and be credited to it. Such interest shall be set aside for fire service purposes in accordance with policies developed by the Virginia Fire Services Board. Notwithstanding any other provision of law to the contrary, policies established by the Virginia Fire Services Board for the administration of the Fund, and any grants provided from the Fund, that are not inconsistent with the purposes set out in this section shall be binding upon any locality that accepts such funds or related grants. The Commission shall be reimbursed from the Fund for all expenses necessary for the administration of this section. The balance of moneys in the Fund shall be allocated periodically as provided in this section. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Executive Director of the Department of Fire Programs (Director) or his designee.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A2"},"1":{"id":273098,"text":"The Commission shall annually assess against all licensed insurance companies doing business in the Commonwealth by writing any type of insurance as defined in §§ 38.2-110, 38.2-111, 38.2-126, 38.2-130 and 38.2-131 and those combination policies as defined in § 38.2-1921 that contain insurance as defined in §§ 38.2-110, 38.2-111 and 38.2-126, an assessment in the amount of one percent of the total direct gross premium income for such insurance. Such assessment shall be apportioned, assessed and paid as prescribed by § 38.2-403. In any year in which a company has no direct gross premium income or in which its direct gross premium income is insufficient to produce at the rate of assessment prescribed by law an amount equal to or in excess of $100, there shall be so apportioned and assessed against such company a contribution of $100.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A","next_prefix":"B"},"2":{"id":273099,"text":"After reserving funds for the Fire Services Grant Program and Dry Fire Hydrant Grant Program pursuant to subsection D, 75 percent of the remaining moneys available for allocation from the Fund shall be allocated to the several counties, cities, and towns of the Commonwealth providing fire service operations to be used for the improvement of volunteer and career fire services in each of the receiving localities. Funds allocated to the counties, cities, and towns pursuant to this subsection shall not be used directly or indirectly to supplant or replace any other funds appropriated by the counties, cities, and towns for fire service operations. Such funds shall be used solely for the purposes of (i) training volunteer or career firefighting personnel in each of the receiving localities; (ii) funding fire prevention and public safety education programs; (iii) constructing, improving, and expanding regional or local fire service training facilities; (iv) purchasing emergency medical care and equipment for fire personnel; (v) payment of personnel costs related to fire and medical training for fire personnel; (vi) purchasing personal protective equipment, vehicles, equipment, and supplies for use in the receiving locality specifically for fire service purposes; or (vii) providing training and education and purchasing products, including personal protective equipment, diesel exhaust removal systems, decontamination equipment, and commercial extractors, that are designed to reduce the incidence of cancer among firefighters. Notwithstanding any other provision of the Code, when localities use such funds to construct, improve, or expand fire service training facilities, fire-related training provided at such training facilities shall be by instructors certified or approved according to policies developed by the Virginia Fire Services Board. Distribution of this 75 percent of the Fund shall be made on the basis of population as provided for in §§ 4.1-116 and 4.1-117; however, no county or city eligible for such funds shall receive less than $10,000, nor eligible town less than $4,000. The Virginia Fire Services Board shall be authorized to exceed allocations of $10,000 for eligible counties and cities and $4,000 for eligible towns, respectively. Allocations to counties, cities, and towns receiving such allocations shall be fair and equitable as set forth in Board policy. Any increases or decreases in such allocations shall be uniform for all localities. In order to remain eligible for such funds, each receiving locality shall report annually to the Department on the use of the funds allocated to it for the previous year, shall provide a completed Fire Programs Fund Disbursement Agreement form, and shall report, in accordance with the requirements set by the Virginia Fire Services Board, all emergency incidents through the National Emergency Response Information System (NERIS) while sharing such emergency incident data with the Department of Fire Programs in its capacity as state manager of NERIS. Each receiving locality shall be responsible for certifying the proper use of the funds. If, at the end of any annual reporting period, a satisfactory report and a completed agreement form have not been submitted by a receiving locality, any funds due to that locality for the next year shall not be retained. Such funds shall be added to the 75 percent of the Fund allocated to the counties, cities, and towns of the Commonwealth for improvement of fire services in localities.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"3":{"id":273100,"text":"The remainder of the moneys available for allocation from the Fund shall be used for (i) the purposes of carrying out the powers and duties assigned to the Department of Fire Programs under Chapter 2 (§ 9.1-200) of Title 9.1, which shall include providing funded training and administrative support services for nonfunded training to localities and (ii) the payment of the compensation and costs of expenses of the members of the Virginia Fire Services Board in performing their official duties; however, the Fund shall not be used for salaries or operating expenses associated with the Office of the State Fire Marshal.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"4":{"id":273101,"text":"The Fire Services Grant Program is hereby established and will be used as grants to provide regional fire services training facilities, to finance the Virginia Fire Incident Reporting System and to build or repair live fire training structures as determined by the Virginia Fire Services Board. Beginning January 1, 1996, $1 million from the assessments made pursuant to this section shall be distributed each year for the Fire Services Grant Program to be used as herein provided, and $100,000 shall be distributed annually for continuing the statewide Dry Fire Hydrant Grant Program. Moneys allocated pursuant to this subsection shall be used for the purposes stated in this subsection, and for no other purpose. All grants provided from these programs shall be administered by the Department according to the policies established by the Virginia Fire Services Board.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"5":{"id":273102,"text":"Moneys in the Fund shall not be diverted or expended for any purpose not authorized by this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"6":{"id":273103,"text":"The Director shall establish written standards for determining the extent to which clients outside the Commonwealth shall be financially responsible for the cost of fire and emergency services training provided by the Department of Fire Programs. Revenues generated by such training shall be retained in the Fire Programs Fund and may be used solely for providing additional funded direct training to members of Virginia’s fire and emergency services.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":15198,"edition_id":1,"name":"Assessment for Administration of Insurance Laws and Declarations of Estimated Assessments by Insurers","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:52:54","date_modified":"2026-06-26 03:52:54","permalink":{"id":216339,"object_type":"structure","relational_id":15198,"identifier":"4","token":"38.2\/4","url":"\/38.2\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57860,"structure_id":15198,"section_number":"38.2-400","catch_line":"Expense of administration of insurance laws borne by licensees; minimum contribution","url":"\/38.2-400\/","token":"38.2\/4\/38.2-400","metadata":false},{"id":76092,"structure_id":15198,"section_number":"38.2-401","catch_line":"(Effective July 1, 2026) Fire Programs Fund","url":"\/38.2-401\/","token":"38.2\/4\/38.2-401","metadata":false},{"id":64176,"structure_id":15198,"section_number":"38.2-401.1","catch_line":"Dam Safety, Flood Prevention and Protection Assistance Fund assessment","url":"\/38.2-401.1\/","token":"38.2\/4\/38.2-401.1","metadata":false},{"id":77505,"structure_id":15198,"section_number":"38.2-402","catch_line":"Definitions","url":"\/38.2-402\/","token":"38.2\/4\/38.2-402","metadata":false},{"id":65532,"structure_id":15198,"section_number":"38.2-403","catch_line":"Assessment for expenses","url":"\/38.2-403\/","token":"38.2\/4\/38.2-403","metadata":false},{"id":75388,"structure_id":15198,"section_number":"38.2-403.1","catch_line":"Omitted assessments","url":"\/38.2-403.1\/","token":"38.2\/4\/38.2-403.1","metadata":false},{"id":59580,"structure_id":15198,"section_number":"38.2-404","catch_line":"Recovery of such assessments; revocation or suspension of license","url":"\/38.2-404\/","token":"38.2\/4\/38.2-404","metadata":false},{"id":73951,"structure_id":15198,"section_number":"38.2-405","catch_line":"Application for correction of assessment","url":"\/38.2-405\/","token":"38.2\/4\/38.2-405","metadata":false},{"id":69572,"structure_id":15198,"section_number":"38.2-406","catch_line":"Report of gross premium income","url":"\/38.2-406\/","token":"38.2\/4\/38.2-406","metadata":false},{"id":76137,"structure_id":15198,"section_number":"38.2-407","catch_line":"Repealed","url":"\/38.2-407\/","token":"38.2\/4\/38.2-407","metadata":false},{"id":79634,"structure_id":15198,"section_number":"38.2-412","catch_line":"Companies going out of business","url":"\/38.2-412\/","token":"38.2\/4\/38.2-412","metadata":false},{"id":80377,"structure_id":15198,"section_number":"38.2-413","catch_line":"Double assessment respecting same direct gross premium income negated","url":"\/38.2-413\/","token":"38.2\/4\/38.2-413","metadata":false},{"id":66062,"structure_id":15198,"section_number":"38.2-414","catch_line":"Assessments to fund program to reduce losses from motor vehicle thefts","url":"\/38.2-414\/","token":"38.2\/4\/38.2-414","metadata":false},{"id":61655,"structure_id":15198,"section_number":"38.2-415","catch_line":"Assessment to fund program to reduce losses from insurance fraud","url":"\/38.2-415\/","token":"38.2\/4\/38.2-415","metadata":false}],"previous_section":{"id":57860,"structure_id":15198,"section_number":"38.2-400","catch_line":"Expense of administration of insurance laws borne by licensees; minimum contribution","url":"\/38.2-400\/","token":"38.2\/4\/38.2-400","metadata":false},"next_section":{"id":64176,"structure_id":15198,"section_number":"38.2-401.1","catch_line":"Dam Safety, Flood Prevention and Protection Assistance Fund assessment","url":"\/38.2-401.1\/","token":"38.2\/4\/38.2-401.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-401\/","history_text":"

This law was first created in 1985. The record of its establishment is cataloged in chapter 545 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 1985 \u201cActs\u201d aren\u2019t available online. It has been modified 14 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 1986, chapters 60 and 562; in 1988, chapter 336; in 1995, chapters 615<\/a> and 637<\/a>; in 1997, chapter 791<\/a>; in 1998, chapters 166<\/a> and 877<\/a>; in 2000, chapter 820<\/a>; in 2001, chapters 397<\/a> and 413<\/a>; in 2002, chapter 389<\/a>; in 2004, chapter 164<\/a>; in 2006, chapters 58<\/a> and 322<\/a>; in 2007, chapters 647<\/a> and 741<\/a>; in 2018, chapter 649<\/a>; in 2019, chapter 509<\/a>; in 2025, chapters 56<\/a> and 69<\/a>.<\/p>","references":[{"id":87222,"section_number":"58.1-2508","catch_line":"Taxes applicable to insurance companies","order_by":null,"url":"\/58.1-2508\/"},{"id":81197,"section_number":"9.1-201","catch_line":"Powers of Executive Director","order_by":null,"url":"\/9.1-201\/"},{"id":73091,"section_number":"9.1-203","catch_line":"Powers and duties of Virginia Fire Services Board; limitation","order_by":null,"url":"\/9.1-203\/"},{"id":59417,"section_number":"9.1-205","catch_line":"Thermal Imaging Camera Grant Fund established","order_by":null,"url":"\/9.1-205\/"}],"refers_to":[{"id":56505,"section_number":"38.2-110","catch_line":"Fire","order_by":null,"url":"\/38.2-110\/"},{"id":73309,"section_number":"38.2-111","catch_line":"Miscellaneous property and casualty","order_by":null,"url":"\/38.2-111\/"},{"id":63990,"section_number":"38.2-126","catch_line":"Marine","order_by":null,"url":"\/38.2-126\/"},{"id":75005,"section_number":"38.2-130","catch_line":"Homeowners insurance","order_by":null,"url":"\/38.2-130\/"},{"id":79979,"section_number":"38.2-131","catch_line":"Farmowners insurance","order_by":null,"url":"\/38.2-131\/"},{"id":81510,"section_number":"38.2-1921","catch_line":"Combination policies","order_by":null,"url":"\/38.2-1921\/"},{"id":65532,"section_number":"38.2-403","catch_line":"Assessment for expenses","order_by":null,"url":"\/38.2-403\/"},{"id":59758,"section_number":"4.1-116","catch_line":"Disposition of moneys collected by Board; creation of Enterprise Fund; reserve fund","order_by":null,"url":"\/4.1-116\/"},{"id":65028,"section_number":"4.1-117","catch_line":"Disposition of net profits to localities","order_by":null,"url":"\/4.1-117\/"},{"id":55713,"section_number":"9.1-200","catch_line":"Department of Fire Programs","order_by":null,"url":"\/9.1-200\/"}],"permalink":{"id":216345,"object_type":"law","relational_id":76092,"identifier":"38.2-401","token":"38.2\/4\/38.2-401","url":"\/38.2-401\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-401\/","token":"38.2\/4\/38.2-401","dublin_core":{"Title":"(Effective July 1, 2026) Fire Programs Fund","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-401","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 1. There is hereby established in the state<\/span> treasury a special nonreverting fund to be known as the Fire Programs Fund, hereinafter referred to as “the Fund.” The Fund shall be administered by the Department of Fire Programs under policies and definitions established by the Virginia Fire Services Board. All moneys collected pursuant to the assessment made by the Commission<\/span> pursuant to subdivision 2 of this subsection shall be paid into the state<\/span> treasury and credited to the Fund. The Fund shall also consist of any moneys appropriated thereto by the General Assembly and any grants or other moneys received by the Virginia Fire Services Board or Department of Fire Programs for the purposes set forth in this section. Any moneys deposited to or remaining in such Fund during or at the end of each fiscal year or biennium, including interest thereon, shall not revert to the general fund but shall remain in the Fund. Interest earned on all moneys in the Fund and interest earned on moneys held by the Commission<\/span> pursuant to subdivision 2 of this subsection prior to the deposit of such moneys into the Fund, including interest earned on such moneys during any period when the Commission<\/span> is reconciling payments from insurers<\/span>, shall remain in or be deposited into the Fund, as the case may be, and be credited to it. Such interest shall be set aside for fire service purposes in accordance with policies developed by the Virginia Fire Services Board. Notwithstanding any other provision of law<\/span> to the contrary, policies established by the Virginia Fire Services Board for the administration of the Fund, and any grants provided from the Fund, that are not inconsistent with the purposes set out in this section shall be binding upon any locality that accepts such funds or related grants. The Commission<\/span> shall be reimbursed from the Fund for all expenses necessary for the administration of this section. The balance of moneys in the Fund shall be allocated periodically as provided in this section. Expenditures and disbursements from the Fund shall be made by the State<\/span> Treasurer on warrants issued by the Comptroller upon written request signed by the Executive Director of the Department of Fire Programs (Director) or his designee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Commission<\/span> shall annually assess against all licensed insurance<\/span> companies doing business in the Commonwealth by writing any type of insurance<\/span> as defined in §§ 38.2-110<\/a>, 38.2-111<\/a>, 38.2-126<\/a>, 38.2-130<\/a> and 38.2-131<\/a> and those combination policies as defined in § 38.2-1921<\/a> that contain insurance<\/span> as defined in §§ 38.2-110<\/a>, 38.2-111<\/a> and 38.2-126<\/a>, an assessment in the amount of one percent of the total direct gross premium income<\/span> for such insurance<\/span>. Such assessment shall be apportioned, assessed and paid as prescribed by § 38.2-403<\/a>. In any year in which a company<\/span> has no direct gross premium income<\/span> or in which its direct gross premium income<\/span> is insufficient to produce at the rate<\/span> of assessment prescribed by law<\/span> an amount equal to or in excess of $100, there shall be so apportioned and assessed against such company<\/span> a contribution of $100. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> After reserving funds for the Fire Services Grant Program and Dry Fire Hydrant Grant Program pursuant to subsection D, 75 percent of the remaining moneys available for allocation from the Fund shall be allocated to the several counties, cities, and towns of the Commonwealth providing fire service operations to be used for the improvement of volunteer and career fire services in each of the receiving localities. Funds allocated to the counties, cities, and towns pursuant to this subsection shall not be used directly or indirectly to supplant or replace any other funds appropriated by the counties, cities, and towns for fire service operations. Such funds shall be used solely for the purposes of (i) training volunteer or career firefighting personnel in each of the receiving localities; (ii) funding fire prevention and public safety education programs; (iii) constructing, improving, and expanding regional or local fire service training facilities; (iv) purchasing emergency medical care and equipment for fire personnel; (v) payment of personnel costs related to fire and medical training for fire personnel; (vi) purchasing personal protective equipment, vehicles, equipment, and supplies for use in the receiving locality specifically for fire service purposes; or (vii) providing training and education and purchasing products, including personal protective equipment, diesel exhaust removal systems, decontamination equipment, and commercial extractors, that are designed to reduce the incidence of cancer among firefighters. Notwithstanding any other provision of the Code, when localities use such funds to construct, improve, or expand fire service training facilities, fire-related training provided at such training facilities shall be by instructors certified or approved according to policies developed by the Virginia Fire Services Board. Distribution of this 75 percent of the Fund shall be made on the basis of population as provided for in §§ 4.1-116<\/a> and 4.1-117<\/a>; however, no county or city eligible for such funds shall receive less than $10,000, nor eligible town less than $4,000. The Virginia Fire Services Board shall be authorized to exceed allocations of $10,000 for eligible counties and cities and $4,000 for eligible towns, respectively. Allocations to counties, cities, and towns receiving such allocations shall be fair and equitable<\/span> as set forth in Board policy. Any increases or decreases in such allocations shall be uniform for all localities. In order<\/span> to remain eligible for such funds, each receiving locality shall report annually to the Department on the use of the funds allocated to it for the previous year, shall provide a completed Fire Programs Fund Disbursement Agreement form, and shall report, in accordance with the requirements set by the Virginia Fire Services Board, all emergency incidents through the National Emergency Response Information System (NERIS) while sharing such emergency incident data with the Department of Fire Programs in its capacity as state<\/span> manager of NERIS. Each receiving locality shall be responsible for certifying the proper use of the funds. If, at the end of any annual reporting period, a satisfactory report and a completed agreement form have not been submitted by a receiving locality, any funds due to that locality for the next year shall not be retained. Such funds shall be added to the 75 percent of the Fund allocated to the counties, cities, and towns of the Commonwealth for improvement of fire services in localities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The remainder of the moneys available for allocation from the Fund shall be used for (i) the purposes of carrying out the powers and duties assigned to the Department of Fire Programs under Chapter 2 (§ 9.1-200<\/a>) of Title 9.1, which shall include providing funded training and administrative support services for nonfunded training to localities and (ii) the payment of the compensation and costs of expenses of the members of the Virginia Fire Services Board in performing their official duties; however, the Fund shall not be used for salaries or operating expenses associated with the Office of the State<\/span> Fire Marshal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Fire Services Grant Program is hereby established and will be used as grants to provide regional fire services training facilities, to finance the Virginia Fire Incident Reporting System and to build or repair live fire training structures as determined by the Virginia Fire Services Board. Beginning January 1, 1996, $1 million from the assessments made pursuant to this section shall be distributed each year for the Fire Services Grant Program to be used as herein provided, and $100,000 shall be distributed annually for continuing the statewide Dry Fire Hydrant Grant Program. Moneys allocated pursuant to this subsection shall be used for the purposes stated in this subsection, and for no other purpose. All grants provided from these programs shall be administered by the Department according to the policies established by the Virginia Fire Services Board. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Moneys in the Fund shall not be diverted or expended for any purpose not authorized by this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Director shall establish written standards for determining the extent to which clients outside the Commonwealth shall be financially responsible for the cost of fire and emergency services training provided by the Department of Fire Programs. Revenues generated by such training shall be retained in the Fire Programs Fund and may be used solely for providing additional funded direct training to members of Virginia’s fire and emergency services. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) FIRE PROGRAMS FUND (\u00a7 38.2-401)\n\nA. 1. There is hereby established in the state treasury a special nonreverting\nfund to be known as the Fire Programs Fund, hereinafter referred to as\n“the Fund.” The Fund shall be administered by the Department of Fire\nPrograms under policies and definitions established by the Virginia Fire\nServices Board. All moneys collected pursuant to the assessment made by the\nCommission pursuant to subdivision 2 of this subsection shall be paid into the\nstate treasury and credited to the Fund. The Fund shall also consist of any\nmoneys appropriated thereto by the General Assembly and any grants or other\nmoneys received by the Virginia Fire Services Board or Department of Fire\nPrograms for the purposes set forth in this section. Any moneys deposited to or\nremaining in such Fund during or at the end of each fiscal year or biennium,\nincluding interest thereon, shall not revert to the general fund but shall\nremain in the Fund. Interest earned on all moneys in the Fund and interest\nearned on moneys held by the Commission pursuant to subdivision 2 of this\nsubsection prior to the deposit of such moneys into the Fund, including interest\nearned on such moneys during any period when the Commission is reconciling\npayments from insurers, shall remain in or be deposited into the Fund, as the\ncase may be, and be credited to it. Such interest shall be set aside for fire\nservice purposes in accordance with policies developed by the Virginia Fire\nServices Board. Notwithstanding any other provision of law to the contrary,\npolicies established by the Virginia Fire Services Board for the administration\nof the Fund, and any grants provided from the Fund, that are not inconsistent\nwith the purposes set out in this section shall be binding upon any locality\nthat accepts such funds or related grants. The Commission shall be reimbursed\nfrom the Fund for all expenses necessary for the administration of this section.\nThe balance of moneys in the Fund shall be allocated periodically as provided in\nthis section. Expenditures and disbursements from the Fund shall be made by the\nState Treasurer on warrants issued by the Comptroller upon written request\nsigned by the Executive Director of the Department of Fire Programs (Director)\nor his designee.\n\n 2. The Commission shall annually assess against all licensed insurance\n companies doing business in the Commonwealth by writing any type of insurance\n as defined in §§ 38.2-110, 38.2-111, 38.2-126, 38.2-130 and 38.2-131\n and those combination policies as defined in § 38.2-1921 that contain\n insurance as defined in §§ 38.2-110, 38.2-111 and 38.2-126, an\n assessment in the amount of one percent of the total direct gross premium\n income for such insurance. Such assessment shall be apportioned, assessed and\n paid as prescribed by § 38.2-403. In any year in which a company has no\n direct gross premium income or in which its direct gross premium income is\n insufficient to produce at the rate of assessment prescribed by law an amount\n equal to or in excess of $100, there shall be so apportioned and assessed\n against such company a contribution of $100.\n\nB. After reserving funds for the Fire Services Grant Program and Dry Fire\nHydrant Grant Program pursuant to subsection D, 75 percent of the remaining\nmoneys available for allocation from the Fund shall be allocated to the several\ncounties, cities, and towns of the Commonwealth providing fire service\noperations to be used for the improvement of volunteer and career fire services\nin each of the receiving localities. Funds allocated to the counties, cities,\nand towns pursuant to this subsection shall not be used directly or indirectly\nto supplant or replace any other funds appropriated by the counties, cities, and\ntowns for fire service operations. Such funds shall be used solely for the\npurposes of (i) training volunteer or career firefighting personnel in each of\nthe receiving localities; (ii) funding fire prevention and public safety\neducation programs; (iii) constructing, improving, and expanding regional or\nlocal fire service training facilities; (iv) purchasing emergency medical care\nand equipment for fire personnel; (v) payment of personnel costs related to fire\nand medical training for fire personnel; (vi) purchasing personal protective\nequipment, vehicles, equipment, and supplies for use in the receiving locality\nspecifically for fire service purposes; or (vii) providing training and\neducation and purchasing products, including personal protective equipment,\ndiesel exhaust removal systems, decontamination equipment, and commercial\nextractors, that are designed to reduce the incidence of cancer among\nfirefighters. Notwithstanding any other provision of the Code, when localities\nuse such funds to construct, improve, or expand fire service training\nfacilities, fire-related training provided at such training facilities shall be\nby instructors certified or approved according to policies developed by the\nVirginia Fire Services Board. Distribution of this 75 percent of the Fund shall\nbe made on the basis of population as provided for in §§ 4.1-116 and\n4.1-117; however, no county or city eligible for such funds shall receive less\nthan $10,000, nor eligible town less than $4,000. The Virginia Fire Services\nBoard shall be authorized to exceed allocations of $10,000 for eligible counties\nand cities and $4,000 for eligible towns, respectively. Allocations to counties,\ncities, and towns receiving such allocations shall be fair and equitable as set\nforth in Board policy. Any increases or decreases in such allocations shall be\nuniform for all localities. In order to remain eligible for such funds, each\nreceiving locality shall report annually to the Department on the use of the\nfunds allocated to it for the previous year, shall provide a completed Fire\nPrograms Fund Disbursement Agreement form, and shall report, in accordance with\nthe requirements set by the Virginia Fire Services Board, all emergency\nincidents through the National Emergency Response Information System (NERIS)\nwhile sharing such emergency incident data with the Department of Fire Programs\nin its capacity as state manager of NERIS. Each receiving locality shall be\nresponsible for certifying the proper use of the funds. If, at the end of any\nannual reporting period, a satisfactory report and a completed agreement form\nhave not been submitted by a receiving locality, any funds due to that locality\nfor the next year shall not be retained. Such funds shall be added to the 75\npercent of the Fund allocated to the counties, cities, and towns of the\nCommonwealth for improvement of fire services in localities.\n\nC. The remainder of the moneys available for allocation from the Fund shall be\nused for (i) the purposes of carrying out the powers and duties assigned to the\nDepartment of Fire Programs under Chapter 2 (§ 9.1-200) of Title 9.1, which\nshall include providing funded training and administrative support services for\nnonfunded training to localities and (ii) the payment of the compensation and\ncosts of expenses of the members of the Virginia Fire Services Board in\nperforming their official duties; however, the Fund shall not be used for\nsalaries or operating expenses associated with the Office of the State Fire\nMarshal.\n\nD. The Fire Services Grant Program is hereby established and will be used as\ngrants to provide regional fire services training facilities, to finance the\nVirginia Fire Incident Reporting System and to build or repair live fire\ntraining structures as determined by the Virginia Fire Services Board. Beginning\nJanuary 1, 1996, $1 million from the assessments made pursuant to this section\nshall be distributed each year for the Fire Services Grant Program to be used as\nherein provided, and $100,000 shall be distributed annually for continuing the\nstatewide Dry Fire Hydrant Grant Program. Moneys allocated pursuant to this\nsubsection shall be used for the purposes stated in this subsection, and for no\nother purpose. All grants provided from these programs shall be administered by\nthe Department according to the policies established by the Virginia Fire\nServices Board.\n\nE. Moneys in the Fund shall not be diverted or expended for any purpose not\nauthorized by this section.\n\nF. The Director shall establish written standards for determining the extent to\nwhich clients outside the Commonwealth shall be financially responsible for the\ncost of fire and emergency services training provided by the Department of Fire\nPrograms. Revenues generated by such training shall be retained in the Fire\nPrograms Fund and may be used solely for providing additional funded direct\ntraining to members of Virginia’s fire and emergency services.\n\nHISTORY: 1985, c. 545, \u00a7 38.1-44.1; 1986, cc. 60, 562; 1988, c. 336; 1995, cc.\n615, 637; 1997, c. 791; 1998, cc. 166, 877; 2000, c. 820; 2001, cc. 397, 413;\n2002, c. 389; 2004, c. 164; 2006, cc. 58, 322; 2007, cc. 647, 741; 2018, c. 649;\n2019, c. 509; 2025, cc. 56, 69.","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}}