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1996 SESSION
961453817Patrons-- Katzen, Callahan, Dudley, Kilgore, Rollison, Sherwood, Wardrup and Weatherholtz; Senator: Hanger
Be it enacted by the General Assembly of Virginia:
1. That § 8.01-226 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-226. Duty of care to law-enforcement officers and firefighters, etc.
An owner or occupant of real property containing premises normally open to the
public shall, with respect to such premises, owe to firefighters ,
Department of Emergency Services hazardous materials
officers, non-firefighter regional hazardous
materials emergency response teams members,
and law-enforcement officers who in the performance of their duties come
upon that portion of the premises normally open to the public the duty to
maintain the same in a reasonably safe condition or to warn of dangers thereon
of which he knows or has reason to know, whether or not such premises are at
the time open to the public.
An owner or occupant of real property containing premises not normally open to
the public shall, with respect to such premises, owe the same duty to
firefighters, Department of Emergency Services hazardous materials
officers, non-firefighter regional hazardous materials
emergency response teams members, and
law-enforcement officers who he knows or has reason to know are upon, about to
come upon or imminently likely to come upon that portion of the premises not
normally open to the public.
While otherwise engaged in the performance of his duties, a law-enforcement
officer, Department of Emergency Services hazardous materials officer,
non-firefighter regional hazardous materials emergency response
teams member, or firefighter shall be
owed a duty of ordinary care.
For purposes of this section, the term "law-enforcement officers" shall mean only police officers, sheriffs and deputy sheriffs and the term "firefighter" includes emergency medical personnel.