CODE OF VIRGINIA

CONDUCT OF INSPECTIONS, EXAMINATIONS, TESTING, OR COLLECTION OF SAMPLES (§
27-98.4)

No warrant shall be executed in the absence of the owner, operator or agent in
charge of the particular building, structure, property or premises unless
specifically authorized by the issuing judicial officer upon showing that such
authority is reasonably necessary to effect the purposes of a statute or
regulation being enforced. An entry pursuant to this warrant shall not be made
forcibly, except that the issuing officer may expressly authorize a forcible
entry (i) where facts are shown sufficient to create a reasonable suspicion of
an immediate threat to an occupant of the particular building, structure,
property, or premises, or, to the general safety and welfare of the public, or,
to adjacent buildings, structures, properties or premises, or (ii) where facts
are shown establishing that reasonable attempts to serve a previous warrant have
been unsuccessful. If forcible entry is authorized, the warrant shall be issued
jointly to the fire official and to a law-enforcement officer who shall
accompany the fire official during the execution.

HISTORY: 1988, c. 549.