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1992-61 AN ORDINANCE TO AMEND CHAPTER 13 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA, 1988, BY ADDING SECTION 13-61 THERETO, AND BY AMENDING SECTION 13-82 THEREOF, PERTAINING TO FIRE PROTECTION AND PREVENTION. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: 1o That Chapter 13 of the Code of the City of Portsmouth, Virginia, 1988, be amended by adding thereto Section 13-61 to read as follows: Section 13-61. Right of entry to investigate. The fire marshal shall have the right to enter upon any property from which a release of any hazardous material, hazardous waste, or regulated substance, as defined in Section 10.1-1400 or Section 62.1-44.34:8 of the Code of Virginia, 1950, as amended, has occurred or is reasonably suspected to have occurred and which has entered into the ground water, surface water or soils of the City in order to investigate the extent and cause of any such release. If, in undertaking such an investigation, the fire marshal 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 of the City may issue an investigation warrant to the fire marshal authorizing him to enter such property for the purpose of determining the origin and source of the release. If the fire marshal, 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, he shall discontinue the investigation until a search warrant has been obtained or consent to conduct the search has otherwise been given. 2. That Section 13-82 of the Code of the City of Portsmouth, Virginia, 1988, be amended to read as follows: Section 13-82. Fire codes incorporated. Unless specifically provided for in other ordinances or codes, the standards and recommended practices set forth in the volumes of the Naticnal Fire Codes, 1984 edition, and all amendments and subsequent editions published by the National Fire Protection Association are incorporated in this article by reference as a part of the fire prevention code adopted by Section 13-81 as fully as if set out at length herein.