27-98.2 - Issuance of warrant. - Virginia Statutes

§ 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, todetermine compliance with regulations or standards set forth in the Code,shall be based upon a demonstration of probable cause and supported byaffidavit. Such inspection warrants may be issued by any judge or magistratehaving authority to issue criminal warrants whose territorial jurisdictionencompasses the building, structure, property or premises to be inspected orentered, if he is satisfied from the affidavit that there is probable causefor the issuance of an inspection warrant. No inspection warrant shall beissued pursuant to this chapter except upon probable cause, supported byaffidavit, particularly describing the place, thing or property to beinspected, 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 ensurecompliance with the Fire Prevention Code for the protection of life andproperty from the hazards of fire or explosion. The supporting affidavitshall contain either a statement that consent to inspect, examine, test orcollect samples for testing has been sought and refused or facts orcircumstances reasonably justifying the failure to seek such consent in orderto enforce effectively the fire safety laws, regulations or standards of theCommonwealth which authorize such inspection, examination, testing orcollection of samples for testing. In the case of an inspection warrant basedupon legislative or administrative standards for selecting buildings,structures, property or premises for inspections, the affidavit shall containfactual allegations sufficient to justify an independent determination by thejudge or magistrate that the inspection program is based on reasonablestandards and that the standards are being applied to a particular place in aneutral and fair manner. The issuing judge or magistrate may examine theaffiant under oath or affirmation to verify the accuracy of any matter in theaffidavit.

(1988, c. 549.)