Chap. 493.—An ACT to amend the Code of Virginia by adding a new chapter
numbered 125A 1, entitled “Virginia Fire Hazards Law’, consisting of 20 new
sections numbered 3145-a 1 through 3145-a 20, to provide for the prevention
and elimination of hazards to life and property from fires in certain buildings
and to that end to empower the State Corporation Commission to administer
and supervise the enforcement of laws enacted and measures adopted for the
protection of life and property and for the promotion of safety of the public
with respect to hazards from fires in such buildings; to authorize the State
Corporation Commission to promulgate certain rules and regulations having
the force and effect of law, within the guiding principles prescribed by law;
to authorize the State Corporation Commission to enforce this law and
regulations issued thereunder; to provide penalties for violations; to provide
for injunctions to prevent violations or to enforce requirements, under certain
circumstances; to make an appropriation; and to repeal Sections 1587, 1588,
3137-a, and 3141, as amended, of the Code of Virginia. [S 166]

Approved April 5, 1948

Be it enacted by the General Assembly of Virginia :

1. That the Code of Virginia be amended by adding thereto a new
chapter numbered one hundred twenty-five A one, entitled “Virginia
Fire Hazards Law” consisting of twenty new sections numbered
thirty-one hundred forty-five-a one through thirty-one hundred forty-
five-a twenty, as follows:

CHAPTER 125A 1
VIRGINIA FIRE HAZARDS LAW

Section 3145-a 1. Short title —The short title of the law embraced
in this chapter of the Code is Virginia Fire Hazards Law.

Section 3145-a 2. Definition of certain terms.—As used in this
chapter, unless a different meaning or construction is clearly required
by the context, (1) the expressions “the law”, “this law” mean the Vir-
ginia Fire Hazards Law as now or hereafter embraced in this chapter
of the Code; (2) “Commission” means the State Corporation Commis-
sion; (3) “Chief Fire Marshal” means the State fire marshal provided
for by this law; (4) the term “minimum standards” means the least
requirements imposed by or in pursuance of this law upon any person,
political subdivision, or State agency relative to the hazards to life or
property in connection with fire; (5) “building” means a “public build-
ing” as defined by and embraced within the purview of the provisions
of this law and shall include additions and alterations thereto.

Section 3145-a 3. Definition of “public building’—As used in
this chapter, unless a different meaning or construction is clearly required
by the context, the term “public building” means and includes any
building or structure, permanent or temporary, which is used or occupied
or to be used or occupied, by ten or more persons who are employed,
lodged, housed, assembled, served, entertained or instructed therein,
and, without limiting the foregoing, includes hotels, schools and colleges,
hospitals of all kinds, asylums, mercantile establishments, office buildings,
apartment houses, theatres, restaurants, auditoriums, stadiums, gym-
nasiums, armories, dance halls, factories, work shops, lodges, meeting
rooms, manufacturing and processing establishments, and all other
buildings and structures of same or similar character or of same or
similar use; including buildings owned and occupied by the State or by
any of its political subdivisions.

Section 3145-a 4. Chief Fire Marshal, appointment, powers, duties,
compensation, etc.—The office of Chief Fire Marshal is hereby created
within the Bureau of Insurance under the Commission. The Commis-
sion shall appoint a Chief Fire Marshal whose powers and duties shall be
such as prescribed by this law and by rules and regulations adopted by
the Commission. The Commission may by general rule or specific action
delegate to the Chief Fire Marshall any of its duties and functions relative
to the enforcement of this law or regulations adopted by the Commission.
He shall receive such annual salary as is provided by the Commission, in
addition to actual expenses.

Section 3145-a 5. Qualifications of the Chief Fire Marshal—The
Chief Fire Marshal shall be selected upon the basis of education or
experience tending to qualify one for the performance of the work of
administering laws and rules and regulations having as their object
the prevention and elimination of hazards to life and property arising
from fire.

Section 3145-a 6. Employees and officers—The Commission may
employ such technical, clerical and other assistants as is found necessary
or advisable and fix their compensation, and may likewise purchase
equipment and supplies deemed necessary for the proper administration
and enforcement of this law. Suitable quarters shall be assigned by the
Director of the Division of Grounds and Buildings in accordance with
directions of the Governor.

Section 3145-a 7. Rules and regulations; minimum standards.—
The Commission shall from time to time adopt, promulgate and publish
rules and regulations prescribing minimum standards to be complied
with in all public buildings for the protection of life and property from
the hazards incident to fire. The Commission may employ any persons
specially qualified for the purpose of rendering assistance in the adoption
of rules and regulations. All such rules and regulations shall be reasonable
and appropriate to the objectives thereof and of this law and within the
guiding principles prescribed by the General Assembly in this law and
in any other law in pari materia. In making such rules and regulations
the Commission shall have due regard to the standards of safety from
hazards of fire as recognized by established practices. The Commission
shall give due regard to the laws of and practices in other states, as
well as localities in this State. All such rules and regulations shall have
as their objective the affording of a maximum of protection and safety
to the public as to life and property in public buildings as to the hazards
of fire with a minimum of interference with and burden upon those
operating or owning such buildings.

Section 3145-a 8. Before any rules or regulations are adopted the
Commission shall hold at least one public hearing; at least thirty days
notice thereof shall be given by publication in at least four newspapers
of general circulation published in the State. In addition to notice by
publication the Commission shall notify in writing the mayor or other
like official of every municipality in the State, and the chairman of the
governing body of every county in the State of such hearing, but
failure to give or receive any such notice shall not in any wise impair
the validity of any rule or regulation adopted, amended or repealed. At
any such hearing all persons desiring to do so shall be afforded an
opportunity to present their views. Notice of amendments to or repeal of
any rules or regulations theretofore adopted shall be given as aforesaid.

Section 3145-a 9. Amendment, etc., of general rules and regula-
tions—The Commission may modify, amend, or repeal any rule or
regulation from time to time as the public interest requires, after notice
and hearing as aforesaid in section thirty-one hundred forty-five-a eight.

Section 3145-a 10. The Commission shall have printed from time to
time and keep available in pamphlet form all rules and regulations for the
protection of life and property from fires in public buildings. Such
pamphlets shall be furnished upon request to members of the public.

Section 3145-a 11. As to buildings constructed hereafter, no rule or
regulation shall be made effective earlier than thirty days from the date
of adoption of such rule; as to any building existing at the time of adop-
tion of any rule or regulation hereunder a period of one year shall be
allowed for compliance therewith. In any case of extreme hazard to life
the Commission may make any rule applicable thereto immediately
effective and may give the owner thereof a reasonable time to comply
therewith.

Section 3145-a 12, A true copy of all rules and regulations adopted
and in force shall be kept in the office of the Chief Fire Marshal and in
the office of the Commission, accessible to the public.

Section 3145-a 13. Fire protection in cities, counties and other
localities —Nothing in this law or in any rule or regulation made in pur-
suance thereof shall impair in any way the powers and authority hereto-
fore or hereafter conferred on any political subdivision of the State or
any ordinance or code heretofore or hereafter validly adopted by any
such subdivision provided that all such ordinances and codes, rules, regu-
lations and practices of any such subdivision measure up to the minimum
standards fixed by this law or by the Commission. Notwithstanding
the continuance of the powers and duties of local authorities as to
fire hazards, the Commission, the Chief Fire Marshal and his deputies
are empowered to and shall make such inspections, upon request of local
authorities, upon complaint, or of their own initiative, as reasonably
calculated to enable it to be determined whether the general law or any
applicable rule or regulation of the Commission is being violated or is
about to be violated.

Section 3145-a 14. Injunction.—Every court having general equity
jurisdiction under existing or any future law is empowered to and shall
upon the application of the Commission or upon application of the Chief
Fire Marshal issue either a mandatory or restraining injunction in aid
of the enforcement of or in prevention of the violation of any of the
provisions of this law or of any valid rule or regulation made in pur-
suance thereof. The procedure for obtaining any such injunction shall
be in accordance with the laws then current governing injunctions gen-
erally except that the Commission or Chief Fire Marshal shall not be
required to give bond as a condition precedent to obtaining an injunction.

Section 3145-a 15. Duties of Attorney General as to injunctions.—
Before an application for an injunction may be made under the pro-
visions of this law, except in case of emergency, the Commission or the
Chief Fire Marshal shall certify the relevant facts to the Attorriey Gen-
eral, shall represent the Commission or the Chief Fire Marshal in the
institution and prosecution of the proceedings, provided that the At-
torney General may require the Commonwealth’s Attorney, in the parti-
cular county or city where the proceeding is to be instituted, to institute
and conduct the same or to assist therein.

Section 3145-a 16. Duties of law enforcement officers—Every
Commonwealth’s Attorney shall cooperate with the Attorney General
as and when required under the provisions of this law and shall prosecute
all violations of this law or of rules and regulations prescribed there-
under in the same manner and to the same extent as in cases of violations
of other laws of the State and all State and local police and other law
enforcement officials are authorized to and shall enforce the provisions of
this law and the rules and regulations made in pursuance thereof in the
same manner and to the same extent that they are required to and do
enforce other State laws enacted in pursuance of the police power and

by which penalties and punishment are imposed for violation.

Section 3145-a 17. The Commission is authorized to appoint
deputy State fire marshals, who shall, in addition to the powers now
conferred by law, exercise the same powers and perform the same duties
as city and town fire marshals, as provided in sections thirty-one hundred
thirty-eight and thirty-one hundred thirty-nine of the Code of Virginia,
and shall have the same police powers as a sheriff in the investigation and
prosecution of all cases of alleged arson and of other cases of fires alleged
to involve criminality.

Section 3145-a 18. The Commission, Chief Fire Marshal, or any
of their agents or employees, and any other officer authorized to enforce
this law or any rule or regulation issued hereunder, when informed of
any violation thereof, shall prosecute the person responsible therefor as
in the case of other misdemeanors. The Chief Fire Marshal shall notify
the Governor in writing in case of any violation of this law or rule or
regulation issued thereunder involving any building owned directly or
indirectly or occupied by the State or by any political subdivision thereof
and at the same time notify the official m charge of such building of such
violation. Any trial justice or other justice having jurisdiction to try:
misdemeanors and any court of record having criminal jurisdiction is
empowered to try persons for such violations. Appeals from the judgment
of any trial justice or other justice or from any such court of record
shall be governed by general laws. Appeals from the judgment of any
court of record to the Supreme Court of Appeals shall be likewise so
governed.

Section 3145-a 19. Violations; penalties—The violation of or
failure to comply with any requirement of this law or of any rule or
regulation adopted and promulgated in pursuance thereof shall constitute
a misdemeanor and upon conviction the person found guilty shall be
punished by confinement in jail not more than twelve months or fined
not more than five hundred dollars, either or both. Each day of any
such violation or failure to comply shall constitute a separate offense.
If the same act or failure to act constitutes a violation of this law or such
rules and regulations or orders or directions made or issued in pursuance
thereof and also a punishable violation of an ordinance or code provision
of any political subdivision of the State, a conviction under any such local
ordinance or code or under this law shall not bar a prosecution and con-
viction under this law or under the local ordinance or code, as the case
may be, anything in section forty-seven hundred seventy-five of the Code,
or any other statute to the contrary notwithstanding.

Section 3145-a 20. Severability—If any provision of this law or
its application to any person or circumstance is held invalid, such inval-
idity shall not affect any other provisions or applications of this law
which can be given effect without the invalid provision or application and
to this end the provisions of this law are declared to be severable.

2. In order to carry out the purposes of this act there is hereby
appropriated to the Bureau of Insurance out of the special fund of the
State Treasury from the revenues derived for operation of the Bureau
of Insurance of the State Corporation Commission the sum of forty
thousand dollars for each year of the biennium beginning July one, nine-
teen hundred forty-eight. .

3. Sections fifteen hundred eighty-seven, fifteen hundred eighty-
eight, thirty-one hundred thirty-seven-a and thirty-one hundred forty-
one, as amended, of the Code of Virginia are repealed and other laws
inconsistent herewith are repealed to the extent of such inconsistency.

4. The powers, duties and responsibilities of the State Board of
Health, Department of Labor and Industry, and the State Board of
Education in all matters pertaining to the protection of life and pro-
perty from fires in public buildings, are hereby transferred to and
imposed upon the State Corporation Commission which shall exercise
the same as herein authorized.

- §. This act shall become fully effective as to any repeals, transfers
of functions and as to its provisions for enforcement on January one,
nineteen hundred forty-nine, but as to the appropriation and as to all
other matters including administration, it shall become effective July
one, nineteen hundred forty-eight.