SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2001 SESSION
011946900Be it enacted by the General Assembly of Virginia:
1. That § 27-15.1 of the Code of Virginia is amended and reenacted as follows:
§ 27-15.1. Authority of chief or other officer in charge when answering alarm or operating at an emergency incident; penalty for refusal to obey orders.
While any fire department or fire company is in the process of answering an
alarm or operating at an emergency incident where there is imminent danger or
the actual occurrence of fire or explosion or the uncontrolled release of
hazardous materials which that threaten life or property and or returning to
the station, the chief or other officer in charge of such fire department or
company at that time shall have the authority to: (i) maintain order at such
emergency incident or its vicinity, (ii) direct the actions of the fire
fighters at the incident, (iii) notwithstanding the provisions of §§ 46.2-888
through 46.2-891, keep bystanders or other persons at a safe distance from the
incident and emergency equipment, (iv) facilitate the speedy movement and
operation of emergency equipment and fire fighters, (v) cause an investigation
to be made into the origin and cause of the incident, and (vi) until the
arrival of a police officer, direct and control traffic in person or by deputy
and facilitate the movement of traffic; however, the owner or occupant of the
affected property shall not be denied access thereto where such access does not unreasonably interfere
with the duties of the fire department or fire company. Any such entry by the
owner or occupant shall be at the owner’s or occupant’s own risk. The fire
chief or other officer in charge shall display his fire fighter's badge, or
other proper means of identification. Notwithstanding any other provision of
law, this authority shall extend to the activation of traffic control signals
designed to facilitate the safe egress and ingress of emergency equipment at a
fire station. Any person or persons refusing to obey the orders of the fire
chief or his deputies or other officer in charge at that time shall be guilty
of a Class 4 misdemeanor. The chief or other officer in charge shall have the
power to make arrests for violation of the provisions of this section. The
authority granted under the provisions of this section may not be exercised to
inhibit or obstruct members of law-enforcement agencies or rescue squads from
performing their normal duties when operating at such emergency incident, nor
to conflict with or diminish the lawful authority, duties and responsibilities
of forest wardens, including but not limited to the provisions of Chapter 11 (§
10.1-1100 et seq.) of Title 10.1. Personnel from the news media, such as the
press, radio and television, when gathering the news may enter at their own
risk into the incident area only when the officer in charge has deemed the area
safe and only into those areas of the incident that do not, in the opinion of
the officer in charge, interfere with the fire department or rescue workers
dealing with such emergencies, in which case the chief or other officer in
charge may order such person from the scene of the emergency incident.