§ 7-10. Right to enter property.

The fire code official or his designee shall have the right, pursuant to the Virginia Code, Title 27, Chapter 3, to enter upon any property from which a release of any hazardous material, hazardous waste, or regulated substance, as defined in the Virginia Code, has occurred or is reasonably suspected to have occurred and which has entered into the ground water, surface water or soils of the county in order to investigate the extent and cause of any such release. If, in undertaking such an investigation, the fire code official or his designee makes an affidavit under oath that the origin or cause of any such release is undetermined and that he has been refused admittance to the property, or is unable to gain permission to enter the property, any magistrate may issue an investigation warrant to the fire code official or his designee authorizing entry upon such property for the purpose of determining the origin and source of the release. If the fire code official or his designee, after gaining access to any property pursuant to such investigation warrant, has probable cause to believe that the release was caused by any act constituting a criminal offense, the investigation shall be discontinued until a search warrant has been obtained or consent to conduct the search has otherwise been given. (6-14-18.)