USVI Public Records

The Police Commissioner shall protect persons and property; maintain and preserve public order; prevent, detect and repress crime; and, within the sphere of his authority, enforce obedience to the laws, and to rules and regulations issued in pursuance of law, throughout the Virgin Islands. History: Amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

(a) The police force of the Virgin Islands shall be under the supervision of the Police Commissioner. (b) The organization of the police force of the Virgin Islands within the U.S. Virgin Islands Police Department (V.I.P.D.) shall be in accordance with rules and regulations promulgated by the Police Commissioner and approved by the Governor. History: Amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

(a) In case of riot, or impending or unusual disturbances, the Governor, upon recommendation of the Police Commissioner, may, if he deems the police force of the Virgin Islands inadequate to maintain law and order, specially deputize any number of persons who are citizens of the United States and residents of the Virgin Islands to act as special patrolmen. Such special patrolmen shall receive compensation equal to that paid for similar ranks and grades in the regular force. Special patrolmen shall have the same authority as patrolmen when on duty and shall be subject to the authority of the Police Commissioner. (b) The special patrolmen authorized to be deputized under subsection (a) of this section shall serve for such period of time as the Governor may deem necessary, but not to exceed 10 consecutive days except in cases of riot or grave public disorder. (c) Whenever the Police Commissioner determines that the police force requires assistance in specific areas of police work, the Governor, on the recommendation of the Police Commissioner, may employ retired police officers to perform police work in any area designated by the Police Commissioner. (d) A retired police officer employed under subsection (c) shall perform such duties and serve for such period as provided in the contract. (e) Retired police officers employed under subsection (c) are subject to 3 V.I.C., § 706(c). (f) Whenever the Police Commissioner determines that the police force requires assistance in specific areas of police work, the Governor, on the recommendation of the Police Commissioner, may temporarily reassign peace officers employed within the executive branch to perform police work in any area designated by the Police Commissioner. (g) The Commissioner of the US Virgin Islands Police Department is granted authority to issue commissions as Virgin Islands Peace Officers to certain federal law enforcement officers of certain federal agencies. The procedures to be followed in the issuance and revocation of commissions and the respective rights and responsibilities of the Virgin Islands Police Department and the federal agencies shall be set forth in a written agreement to be executed between the Attorney General of the Virgin Islands, the Commissioner of the Virgin Islands Police Department and the Director of the appropriate federal agency. (1) The agreement referred to in subsection (f) shall contain the following conditions: (A) The Attorney General or his designee shall conduct an orientation with federal agents and certify that they have participated in the orientation in regards to Virgin Islands law and cultural sensitivities/competence. (B) The Virgin Islands Police Commissioner or his designee and the Director of the appropriate federal agency or his designee shall be required to meet twice each year or more frequently at the call of the Attorney General of the Virgin Islands or the Virgin Islands Police Commissioner to discuss the status of the agreement. The Commissioner shall submit to the Legislature, within six months of the enactment of this Act, a comprehensive report highlighting the impact of this Act to include statistics on criminal activities in the Territory together with his recommendations for the extension of peace officer status to the federal agents based on data collected and measurable result. (C) A commission issued to a federal officer granting peace officer status shall expire one year after such commission was granted and may be renewed by the Virgin Islands Police Commissioner on a yearly basis. (2) Law Enforcement Officers of the following federal agencies may be commissioned as Virgin Islands Peace Officers: (A) Federal Bureau of Investigation (FBI); (B) Drug Enforcement Administration (DEA); (C) United States Customs and Border Protection (CBP); (D) Bureau of Alcohol, Tobacco and Firearms (ATF); (E) United States Immigration and Customs Enforcement (ICE); (F) United States Marshals Services (USMS); and (G) United States Coast Guard (USCG). (3) Federal LawFederal Lawement Officers as outlined in paragraph 2paragraph 2(A), (B), (C), (D), (E), (F) and (G)ized and authorized to act as Virgin Islands Peace Officers to enforce local laws in the Virgin Islands, including the power to make arrests for violation of Virgin Islands laws. The Virgin Islands Police Commissioner and the Attorney General of the Virgin Islands shall maintain a registry that lists the name and affiliated federal agency of every law enforcement officer commissioned and authorized to act as a Virgin Islands Peace Officer pursuant to this section. (4) A commission issued to a Federal Officer granted peace officer status shall lapse if the agent leaves the Virgin Islands for 180 consecutive days. (5) The Commissioner of the Virgin Islands Police Department may suspend or revoke any Commission of Peace Officer status issued to a federal agent prior to the expiration of said Commission at his discretion. (6) Any federal law enforcement officer acting pursuant to this section may use any reasonable force which the officer reasonably believes to be necessary to defend himself or another person from bodily harm while making a lawful arrest or any reasonable force necessary in arresting any felon fleeing from justice when the officer reasonably believes either that the fleeing felon poses a threat of death or serious physical harm to the officer or others or that the fleeing felon has committed a crime involving the infliction or threatened infliction of serious physical harm to another person. History: Amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; Dec. 22, 2007, No. 6977, § 3, Sess. L. 2007, p. 207; amended Oct. 5, 2012, No. 7412, § 1, Sess. L. 2012, p. 286-287; amended Oct. 23, 2013, No. 7563, § 2, Sess. L. 2013, p. 201; amended Apr. 4, 2018, No. 8029, § 2, Sess. L. 2018, p. 3.

(a) Notwithstanding any provision of law, the Police Commissioner, subject to the approval of the Governor, is authorized and directed to employ responsible persons as school crossing guards on school days during such times when children are going to and returning home from school. (b) Instead of or in addition to the employment of school crossing guards pursuant to subsection (a) of this section, the Police Commissioner may employ, subject to the provisions of chapter 25 of Title 3 of this code, persons as regular employees of the U.S. Virgin Islands Police Department (V.I.P.D.) whose work assignment shall include duties as school crossing guards on school days as well as such other duties and responsibilities within the U.S. Virgin Islands Police Department (V.I.P.D.) as the Commissioner shall deem appropriate and in the public interest. (c) Notwithstanding any other provision of law, any person employed as a school crossing guard for six months or more shall, at such person's option, be granted classified service status under the provisions of chapter 25, Title 3, Virgin Islands Code, without written competitive examination. The Police Commissioner may assign to employees who elect to be granted classified service under this subsection such other duties as he deems appropriate and in the public interests. History: Apr. 18, 1967, No. 1942, § 1, Sess. L. 1967, p. 136; amended Nov. 15, 1971, No. 3137, § 1, Sess. L. 1971, p. 375; May 15, 1978, No. 4131, Sess. L. 1978, p. 82; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

(a) The Director of the Bureau of Corrections is charged with the direction, management, maintenance and discipline of all prisons and jails in the Virgin Islands, and with the safe-keeping and activities of all persons confined in them. He shall be in charge of all property belonging to the prisons or jails. (b) The Director of the Bureau of Corrections shall receive and confine, or cause to be received and confined, all persons charged with, or convicted of, an offense against the laws in force, in accordance with the terms of an order duly issued by a competent authority, and he shall safely keep such persons until discharged by due course of law. (c) The Director of the Bureau of Corrections shall have photographed and fingerprinted all persons convicted of a felony. History: Amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; Apr. 12, 2008, No. 6997, § 5, Sess. L. 2008, p. 56.

History: Repealed. Jan. 18, 1978, No. 4085, § 3(1), Sess. L. 1978, p. 8.

The supreme authority in respect to the direction and control of the police force of the Virgin Islands and all its duties shall be vested in the Governor, but the force shall be under the immediate command and control of the Police Commissioner, or in his absence, of the next highest ranking member of the U.S. Virgin Islands Police Department (V.I.P.D.). History: Amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

(a) The Police Commissioner shall supervise and administer the police force of the Virgin Islands under the direction of the Governor, from whom he shall receive orders and to whom he shall submit such reports as may be required. The Police Commissioner shall- (1) superintend the purchase of all property acquired by the police force, certify to the correctness of all vouchers in payment therefor, and be responsible for such property; (2) cause to be kept an accurate and complete record of all property of value which may be found or recovered, or which may otherwise come into possession of members of the police force; and whose owners are unknown and make such disposition as may be required by law; (3) establish the proper procedures through which all unclaimed property held over six months by the Department of Police may be auctioned by the department as determined by the Commissioner based on the needs of the Department with respect to any particular items of unclaimed property. The Commissioner of Police shall establish rules and regulations to determine the type of items which may be retained by the Police Department rather than the property being auctioned. The Commissioner shall maintain a current list of all unclaimed property for auction. The Commissioner shall provide this list to persons who register with and pay an annual membership fee of $20.00 for residents and $25.00 for non-residents of the Virgin Islands (the additional amount is to defray additional administrative cost associated with off-island mailing by the Virgin Islands Police Department). Auctions shall take place every 90 days when practicable following the initial auction. Twenty-five percent (25%) of all proceeds realized from any auction conducted pursuant to this subsection shall be placed in the Crime Prevention/Prosecution Fund established pursuant to Title 33, Section 3051, Virgin Islands Code; and 25% of the proceeds realized Virgin Islands Coden conducted shall be given to the Police Athletic League (PAL) for the purpose of providing educational training and programs. The remaining fifty percent (50%) of all proceeds realized from any auction conducted pursuant to this subsection shall be placed in the Police Crime Fighting and Equipment Fund established pursuant to Title 33, Section 3051a, Virgin Islands Code. (4) supervise3051a, Virgin Islands Codee preparation of all payrolls and vouchers for expenditures on account of the police force; and as well as for the safe-keeping and proper accounting for all monies received by the police force; (5) offer salary bonuses of up to $5,000 to police officers of the Forensic and Major Crimes Divisions who seek to retire before the mandatory retirement age provided in title 3 Virgin Islands Code, sectitle 3 Virgin Islands Code, section 705(c) employment of the Virgin Islands Police Department until the mandatory retirement age. (6) proceed, or cause his deputy to proceed, with all possible dispatch to the scene of any serious disorder or unusual occurrence where his presence may be required and personally take command of the police force at such place. (7) submit, on a quarterly basis, a report to the Virgin Islands Civil Rights Commission as established under Title 10, chapter Title 10ischapter 5 crimes and incidents directed against persons or groups based upon their race, religion, color, national origin, sex, ethnicity, handicap or political affiliation and provide training for police officers in identifying, responding to and reporting all crimes and incidents against such person or group. (8) establish fees collected by the Virgin Islands Police Department; provided, that none of the existing fees shall be increased by more than 100% unless the increase is approved by the Legislature of the Virgin Islands. (9) establish in consultation with tow truck associations a schedule of rates that towing companies may charge for vehicles towed upon the request of a police officer. (b) Fifty percent of all sums collected from annual membership fees, and all proceeds from auctions of seized property held by the Virgin Islands Government shall be deposited annually into the Union Arbitration Award and Government Employees Increment Fund established pursuant to Title 33, Section 3066, Virgin Islands Code. The remaining fifty percent shall be deposited into the Police Crime Fighting and Equipment Fund, established pursuant to Title 33, Section 3051a, Virgin Islands Code. History: Amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; Sept. 17, 1990, No. 5613, § 3, Sess. L. 1990, p. 304; Jan. 13, 1994, No. 5948, § 100(B), Sess. L. 1993, p. 334; July 18, 1996, No. 6115, § 1, Sess. L. 1996, p. 84; Mar. 24, 1998, No. 6221, §§ 1, 2, Sess. L. 1998, pp. 226, 227; June 16, 2007, No. 6928, § 2, Sess. L. 2007, p. 45; July 3, 2009, No. 7077, § 7, Sess. L. 2009, p. 124.

(a) All members of the police force of the Virgin Islands shall perform such duties as may be assigned to them by the Police Commissioner. (b) Upon the request of the United States Attorney for the Virgin Islands, the Police Commissioner, with the approval of the Governor, may assign not more than two members of the Police Force to full-time duty with the office of the United States Attorney. No member shall be so assigned without the prior approval of the United States Attorney and each member so assigned shall be subject to the direct supervision and control of the United States Attorney during the continuance of such assignment. History: Amended May 15 1970, No. 2717, Sess. L. 1970, p. 116; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

History: Repealed. Jan. 18, 1978, No. 4085, § 3(1), Sess. L. 1978, p. 8.

(a) Applicants for enlistment in the police force shall be citizens of the United States and residents of the Virgin Islands. Foreign born applicants who meet the citizenship requirements shall furnish proof of such citizenship before they shall be recommended for appointment. (b) Applicants for enlistment shall have reached their twentieth birthday, but must not have passed their forty-fifth birthday; Provided, however, That the maximum age restriction may be waived, at the discretion of the Police Commissioner, in the case of applicants who have had satisfactory and acceptable prior experience and who at the time of their application are in satisfactory physical and behavioral health, and that Police Cadets who have successfully completed Police Cadet training pursuant to Title 23, chapter 15, Virgin Islands Code, may enlist if they have reached their eighteenth birthday. History: Amended Mar. 15, 1965, No. 1342, Sess. L. 1965, Pt. I. p. 72; May 15, 1970, No. 2719, Sess. L. 1970, p. 120; Oct. 3, 1973, No. 3486, § 2, Sess. L. 1973, p. 250; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; amended Jan. 6, 2019, No. 8152, § 1(a)(7), Sess. L. 2018, p. 327.

Notwithstanding any other provision of law, the Police Commissioner may temporarily suspend any member of the police force for misconduct, dereliction of duty or violation of rules and regulations. Such suspension may be appealed to the Government Employees Service Commission, but shall remain in effect until the Police Commissioner or the Government Employees Service Commission orders restoration to duty and pay. History: Amended Jan. 18, 1978 No. 4085, § 3(2), Sess. L. 1978, p. 8; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

History: Repealed. Jan. 18, 1978, No. 4085, § 3(3), Sess. L. 1978, p. 8. Cite as: 23 V.I.C. § 12, 13

Members of the police force may organize and form associations among themselves for their mutual improvement. No such organization or association shall be incorporated with any other organization or association without the consent of the Governor.

There is hereby authorized and established the Virgin Islands Heroic Award. This award shall be presented by the Governor, upon the recommendation of the Police Commissioner, to any eligible member of the Police Force or the Fire Service. A member of the Police Force or the Fire Service shall be eligible for the award, if, in the opinion and judgment of the Police Commissioner, he or she has demonstrated service beyond the call of duty involving self-sacrifice, bravery, courage and initiative. The award shall consist of cash in an amount not exceeding $500, an appropriate medal and a Certificate of Heroism. The amount of the award shall be determined by the Police Commissioner. In the case of the death of a person entitled to receive the Heroic Award, such award shall be delivered to his or her heirs. History: Added Mar. 6, 1967, No. 1868, § 1, Sess. L. 1967, p. 35; amended Jan. 18, 1978, No. 4085, § 3(4), Sess. L. 1978, p. 8; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

There is hereby established within the U.S. Virgin Islands Police Department (V.I.P.D.) a Police Recruitment Bonus Award. A cash award of $1000 shall be paid to all police officers who have successfully and satisfactorily completed their third anniversary of their employment with the Department which employment commenced on or after the date of enactment of the act creating this section. History: Added Oct. 14, 1981, No. 4635, § 15, Sess. L. 1981, p. 221; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

The Police Commissioner is authorized and directed to establish a "Drunk Driving Hotline" which shall be used to identify drivers who are under the influence of alcohol or drugs and to remove them from the road. History: Added June 28, 1984, No. 4967, § 2, Sess. L. 1984, p. 187; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

Pedestrians meeting on public sidewalks shall keep to the right.

History: Repealed. Oct. 4, 2007, No. 6930, § 3, Sess. L. 2007, p. 64.

No person shall hold, climb upon, or attach handcarts to any vehicle in motion.

Places No person shall shoot with guns, pistols, catapults, popguns, bows and arrows, peashooters, or any other device; ignite any kind of explosive; throw stones, dirt, water, or anything which might damage or cause annoyance; fly kites, or play games on, or across, public streets, roads and places. The police authority may, however, permit the discharge of fireworks.

No person shall bathe in the immediate vicinity of public streets, roads, or places, other than where allowed by the police authorities.

History: Repealed. July 18, 1968, No. 2308, § 1, Sess. L. 1968, Pt. II, p. 268.

The police authorities may regulate and control all traffic, and may close any public street, road or place, to all traffic, or to certain kinds of traffic, when circumstances concerning public safety and order warrant.

No person shall sell goods, or transact similar business upon public highways or grounds, other than the regular market places, without the permission of the police authorities. Persons granted such permission shall confine their business strictly to the place or places, allotted to them.

No person shall carry on public sidewalks or footpaths such objects as might expose pedestrians to injury, or obstruct their passage.

No person shall place anything on public sidewalks, streets, or places, that will obstruct public traffic. Such obstruction is, however, permissible in case of loading or unloading of articles, where no court or yard is available. In such cases, as little inconvenience as possible shall be caused to traffic, and the said articles must be removed without unreasonable delay. Carts, as well as handcarts shall not be unduly delayed upon public streets, roads or places, for the purpose of loading or unloading without the special permission of the police authorities.

No person shall beat, shake, air, or dry carpets, clothes, cloths, or the like, on or across public streets, roads, or places or water plants placed on galleries in such a way as to inconvenience those who pass beneath.

Vehicles shall not be parked on public streets, roads, and places, where they obstruct traffic; and shall not be allowed to remain on the above named places longer than is necessary for loading and unloading, unless special permission is obtained from the police authorities. When such special permission is obtained, they shall remain in the places allotted them. When horses and carts are drawn up on public highways, they shall be as far as possible to the side of the road.

At weddings, funerals, concerts, balls, theatrical performances, or on other occasions when vehicles are assembled in large numbers in the public streets, roads, or places, the special instructions of the police authorities for such occasions shall be obeyed.

Parents, or guardians, of small children shall provide proper supervision for such children, when in public streets, roads, or places.

Before beginning the erection, pulling down, or making extensive repairs of buildings facing a public street, road, or place, the owner shall acquaint the police authorities in writing of his intention to do so. The police authorities shall see that such arrangements are made, as will reduce all inconvenience to traffic. The owner shall see that the removal of the fencing is not delayed by the undue protraction of the work.

Scaffolding facing public streets, roads, or places, shall be of warrantable strength, and carefully erected.

When the cleaning of roof gutters, repairing of roofs, or the conducting of similar work, in places projecting over, or facing public streets, roads or places, is to be undertaken, the parties concerned shall post up such notice, or lights, as will sufficiently warn those passing of the inconvenience or danger of the place. Under no circumstances shall dry mortar, or any material of a similar nature, be thrown across public streets, roads or places.

(a) No person, without permission from the proper authorities, shall damage public streets, roads, or places; or in any way interfere with their customary usage, or endanger traffic thereon. (b) A violator of any provision of subsection (a) is subject to a fine of not more than $1,000 and shall pay all costs associated with the repair of the damage the violator caused to the public street, road, or place. History: Amended Mar. 23, 2016, No. 7848, § 1, Sess. L. 2016, p. 16, 17.

No person shall empty or turn on water to public streets, roads, or places, except into drains designed for that purpose. The washing of the frontage of buildings facing public streets, roads, or places, shall be subject to special regulations prescribed by the Police Commissioner. History: Amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

(a) No person shall drive or move a vehicle on any public street or highway, nor shall the owner or bailee of any vehicle require or permit the same to be driven or moved on any public street or highway, unless such vehicle is constructed or loaded so as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. (b) No person shall drive or move a vehicle on any public street or highway, nor shall the owner or bailee of any vehicle require or permit the same to be driven or moved on any public street or highway, if it is loaded with waste as defined in section 1552 of Title 19 of this code, sand or gravel, unless the load of such vehicle is fully and adequately covered. (c) This section shall not prohibit the dropping of sand for the purpose of securing traction. (d) Any person removing a wrecked or damaged vehicle from a public street or highway shall remove any glass, parts or materials dropped upon the street or highway from such vehicle. (e) Any person violating the provisions of subsection (a) or (b) of this section shall be responsible for the removal of any substance escaping upon any public street or highway. (f) Whoever violates the provisions of this section shall be punishable by a fine of not less than $50 nor more than $100. History: Added Nov. 15, 1971, No. 3123, Sess. L. 1971, p. 359.

(a) Persons riding or driving horse-drawn vehicles, or drawing handcarts, shall observe rules of reasonable precaution, especially when turning corners, crossing lines of traffic, passing through gates or other road- ways leading from yards, or similar places. No person shall race horses upon public streets, roads and places. Within the vicinity of the towns, no person shall drive a horse faster than at an even trot, or at a speed easily commanded. (b) Riders and drivers shall in good time warn persons who are in their way, but shall make way for vehicles of the fire service. When passing the latter vehicles, drivers shall stop, or proceed only at a walking pace. (c) Any animal, except oxen, when ridden, or driven, upon public highways or places, shall be bridled with a bit. Wagons drawn by two or more yokes of oxen, when driven on public streets, roads or places, shall have a driver with the foremost yoke or yokes.

No person shall ride or drive upon public sidewalks or footpaths.

All drivers and riders shall keep to their left on the road, or street, where they meet; when passing those moving in the same direction, they shall do so on the right side. At street corners, or crossings, persons riding or driving shall not pass others travelling by similar means, and in the same direction. Persons driving around corners leading to the right shall make a wide turn, entering the street or road on the left side. Accordingly, those driving around corners leading to the left, shall make a short turn. At such time all shall drive slowly.

Processions No person shall drive against or into detachments of troops, funerals or other processions.

Every animal-drawn vehicle in use from one-half hour after sunset to one-half hour before sunrise shall display a white light on the right front side. In addition to such light, every animal-drawn vehicle shall have two reflectors not less than three inches in diameter, a green one in front and a red one in the rear, attached to the right side of the vehicle and placed as high as the structure of the vehicle will permit.

No person under 12 years of age shall be hired to drive a horse-drawn vehicle upon public streets, roads or places.

All animals attached to vehicles which stand on public streets, roads, places, or in gateways, yards, or similar places, with a passage leading to public highways or places, shall be in charge of some reliable person, or securely tied in a safe manner. No person shall remove bridle or halter from horses or mules in such places.

Rubber-tired vehicles shall be equipped with suitable bells or horns.

A bicycle is a vehicle with two wheels, one behind the other, connected by a bar carrying a seat, and propelled by the feet of the rider. The rider is referred to as a cyclist in this subchapter.

Bicycles shall be equipped with a warning signal, and with a light which shall be lighted when the bicycle is ridden on the public streets or highways between half hour after sunset and half hour before sunrise. The front glass of light shall be colorless.

When approaching a crowded thoroughfare, cyclists shall give an audible and distinct warning in due time, and shall proceed at a slow rate of speed, and if the traffic is congested, shall dismount.

Practicing to ride bicycles on the public streets and highways, may be prohibited by the police authorities.

(a) Cyclists shall always keep to the left, and shall not be found in the center of any street, road or highway. (b) When a cyclist is about to cross a corner of the street, or road, he shall within 20 feet of such corner or crossing, sound his signal, and shall immediately reduce his speed to a minimum. (c) No cyclists shall ride without holding at least one handle of the bicycle. (d) No cyclist shall operate a bicycle upon a public road, street or highway of the Virgin Islands without a safety helmet securely strapped to his head. The safety helmet shall meet the minimum requirements as proposed by the Consumer Product Safety Commission (CPSC) or otherwise approved by the Commissioner of the Virgin Islands Police Department. (e) No person shall operate a bicycle upon a public street, road or highway of the Virgin Islands without adult supervision, unless twelve years of age or older, except that minors under the age of twelve may operate a bicycle upon a public street, road or highway of the Virgin Islands without adult supervision only in residential areas. (f) Cyclists shall be required to make use of appropriate hand signals while operating on a public road, street or highway. (g) The Commissioner of Police may adopt rules and regulations to carry out the purposes of this subchapter. History: Amended Aug. 1, 2003, No. 6589, § 1, Sess. L. 2003, p. 48.

No person may ride a bicycle at a speed of more than twenty-five miles per hour upon a public road, street or highway, unless participating in a race or event authorized by the Police Commissioner. History: Amended Aug. 1, 2003, No. 6589, § 2, Sess. L. 2003, p. 48.

(a) Horses, mules, donkeys, cattle, hogs, goats, and sheep, shall not be on the public streets, highways, or other places, without a caretaker. (b) Uncastrated animals frequently found wandering on public streets, highways, and other places, may, by order of the Superior Court, be castrated at the expense of the owner, and for his responsibility, in the event of the animal's death. (c) Unfettered cattle shall be driven on the public streets, highways, or other places, only under the supervision of reliable persons, and every care and precaution shall be taken to prevent the animals from impeding or obstructing the ordinary traffic, or from doing damage to fences, trees or cultivation. History: Amended Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197.

Before any person shall drive cattle through the public streets, he shall notify the police authorities. The persons driving the cattle shall use only such streets for the purpose as shall be designated by the police authorities with a view towards preventing the impeding of traffic in busy thoroughfares, and danger to pedestrians.

Bulls, horses, donkeys and all animals showing a wild and ferocious disposition, shall be led singly, after being properly tied by the neck or head and foot, and every precaution shall be taken against danger to the public. Hogs shall neither be led nor driven, but shall always be conveyed in carts or barrows or other vehicles. Vehicles used for transportation of cattle, hogs, sheep, goats, or other animals shall be large enough to allow the animals to stand during transportation. No animal shall be tied down in a reclining position in any vehicle for transportation.

History: Repealed. Mar. 29, 1968, No. 2143, § 2, Sess. L. 1968, Pt. I, p. 414.

The owner of a house shall affix the street number of the house in a conspicuous place thereon, facing the public street or place.

The Police Commissioner shall issue regulations governing market trading, or other trading from stand or boat, at public places, wharves or piers, including determination of the places where such trading may be carried on. Such regulations shall not become effective until approved by the Governor. History: Amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

The sale of fresh fish and agricultural products shall be allowed in public fish markets, butcher stalls, on public streets in areas designated by the U.S. Virgin Islands Police Department (V.I.P.D.), or when taken to residences. History: Amended Mar. 30, 1984, No. 4912, Sess. L. 1984, p. 77; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

Effective April 1, 1965, no manufactured goods, articles or commodities other than native crafts shall be sold or offered for sale in the structures commonly described as the public markets throughout the Virgin Islands. History: Mar. 15, 1965, No. 1341, § 1, Sess. L. 1965, Pt. I, p. 71.

The Commissioner of Economic Development and Agriculture shall have the power to enforce the provisions of section 343 of this title by appropriate regulations. History: Mar. 15, 1965, No. 1341, § 2, Sess. L. 1965, Pt. I, p. 71; amended Mar. 3, 1967, No. 1862, § 1, Sess. L. 1967, p. 30; June 4, 1968, No. 2238, § 14, Sess. L. 1968, Pt. II, p. 47.

Nothing contained in sections 343 - 346 of this title shall be construed to prohibit the use of the public markets for the sale of articles for political, civic or charitable purposes or for the sale of agricultural, dairy or piscatory products as heretofore carried on. History: Mar. 15, 1965, No. 1341, § 3, Sess. L. 1965, Pt. I, p. 71.

Any violations of sections 343 - 346 of this title or the regulations issued thereunder shall constitute a misdemeanor. History: Mar. 15, 1965, No. 1341, § 4, Sess. L. 1965, Pt. I, p. 72.

No theatrical or musical performance, concert, dance, masquerade, discharge of fireworks, exhibit of curiosities, such as menageries, merry-go-rounds, shooting galleries, or matches, or the like, shall be conducted without permission from the police authorities.

(a) Public dances shall be held in buildings licensed for that purpose by the police authorities. Public dances may be held in other places only when special permission is obtained from the police authorities. A public dance is one at which fees are collected from those participating. (b) Permission for masquerading on the streets, roads, or other public places will be granted only on the Day after Christmas, New Year's Day, Transfer Day, Easter Monday, Whit Monday, and 4th of July, and such other days as the Police Commissioner may fix with the approval of the Governor. History: Amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

(a) When permission has been obtained for purposes mentioned in sections 371 and 372 of this title, no use of the public streets, roads, or places shall be made that may obstruct traffic, or block any entrance to houses. The owner or renter of the property may forbid any of the performances on his property. The police authorities, or any other persons, may demand that any noisy performances be withdrawn to a suitable distance from the place in question. (b) Those to whom permission has been granted under the provisions of sections 371 and 372 of this title, shall observe any rules which the police authorities may prescribe for the maintenance of order.

At public performances, or other amusements, persons in the audience shall conduct themselves in a decent and orderly manner, and shall not interrupt the same, nor mar the enjoyment of others, by unnecessary noise, shouts, or by any other means. The police may at the request of the manager or other person in charge of public performance or amusement including theaters, night clubs or places of open-air entertainment be present for the purpose of preserving order and may arrest any person who in his presence commits any violation of this section and may remove, using such reasonable force as may be necessary, any person who refuses to leave the premises at the request of the said manager or person in charge. History: Amended Apr. 1, 1964, No. 1140, Sess. L. 1964, p. 93.

History: Repealed. Oct. 4, 2007, No. 6930, § 4, Sess. L. 2007, p. 64.

(a) Unless otherwise provided in this Code, the punishment for violation of any provisions of this chapter, or of any regulations issued pursuant to this chapter, shall be by fine not exceeding $20 or by imprisonment not exceeding 30 days, or both. (b) The provisions of this chapter and its regulations relative to traffic shall be applicable to every driver of a motor vehicle in all parking areas open to the public, which parking areas shall be considered for the purposes of this chapter to be public highways. History: Amended Feb. 12, 1971, No. 2930, § 4, Sess. I. 1970, p. 418.

Guardian Any offense committed by a child by order, request, or by any promptings of its parents, or guardians, shall be deemed to have been committed by such parents or guardians, who shall then be liable to punishment therefor.

If any person fails to perform any of the duties required under the provisions of this chapter or of rules and regulations promulgated pursuant to this chapter, the police authorities may employ others to perform them, or take the necessary steps to prevent the neglect from occasioning injury. The expenses resulting from such measures, as well as those incurred by the police authorities in taking steps to prevent the commission of the acts prohibited under this chapter shall be defrayed by the delinquents.

A pedestrian shall obey the instructions of any official traffic control device applicable to him, including traffic lights and pedestrian crossing devices, unless otherwise directed by a police officer. History: Added Mar. 28, 1990, No. 5530, Sess. L. 1990, p. 76.

The driver of a vehicle shall yield the right of way to a pedestrian crossing a roadway within a marked crosswalk, or within any unmarked crosswalk of an intersection. History: Added Mar. 28, 1990, No. 5530, Sess. L. 1990, p. 76.

Pedestrians are required to use due care for their safety. History: Added Mar. 28, 1990, No. 5530, Sess. L. 1990, p. 76.

Pedestrians are subject to traffic and pedestrian control signals and the orders of police officers. Unless otherwise directed by a pedestrian-control signal or a police officer, pedestrians facing a green light signal, other than a green turn signal, may proceed across the roadway at the marked or unmarked crosswalk. Pedestrians facing a steady yellow signal are advised that insufficient time exists to cross the roadway before the red signal and thus no pedestrian shall start to cross a roadway on a steady yellow signal unless otherwise directed by a pedestrian control device or police officer. Unless otherwise directed by a pedestrian control device or police officer, pedestrians facing a steady red signal shall not enter or cross a roadway. Whenever special pedestrian control signals exhibiting "Walk" or "Don't Walk" are in place, the following rules exist: (a) Pedestrians facing a "Walk" signal may enter and proceed across the roadway in the direction of the signal and all drivers shall yield the right of way to them. (b) Pedestrians facing a "Don't Walk" signal may not enter upon the roadway, but pedestrians already in the roadway shall proceed to the nearest sidewalk, or other place of safety. History: Added Mar. 28, 1990, No. 5530, Sess. L. 1990, p. 76.

(a) Pedestrians within the city limits of any town, as defined in this code, shall cross roadways only at marked crosswalks, at intersections and at other sign-posted designated crossings and it shall be unlawful to cross a roadway at any other place or in any other manner. (b) Pedestrians outside the city limits shall cross roadways only at pedestrian overpasses, marked crosswalks, at intersections, and at other designated crossings, and only when safe to do so. History: Added Mar. 28, 1990, No. 5530, Sess. L. 1990, p. 76.

In the absence of traffic control devices and police officers or school crossing guards, operators of motor vehicles shall yield the right of way by stopping or slowing down to a pedestrian in a marked crosswalk or any crosswalk at an intersection when the pedestrian is upon the half of the roadway which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway so as to be in danger. History: Added Mar. 28, 1990, No. 5530, Sess. L. 1990, p. 76.

(a) No pedestrian shall suddenly leave a curb or other place off safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard. (b) No pedestrian shall unnecessarily stop or delay traffic while crossing any roadway. (c) No pedestrian shall disobey the order of an official traffic control device applicable to them, or of any official pedestrian control device, or of a police officer or school crossing guard. History: Added Mar. 28, 1990, No. 5530, Sess. L. 1990, p. 76.

Whenever any vehicle is stopped at a marked crosswalk or at any crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of other vehicles approaching from the rear shall stop before overtaking such stopped vehicle. History: Added Mar. 28, 1990, No. 5530, Sess. L. 1990, p. 76.

Any pedestrian crossing a roadway at other than a marked crosswalk, or other than within any crosswalk at an intersection shall yield the right of way to any and all vehicles upon the roadway. History: Added Mar. 28, 1990, No. 5530, Sess. L. 1990, p. 76.

No pedestrian shall cross a roadway at a point where a pedestrian overpass exists and it shall be unlawful to cross the roadway at any point within 200 feet of such overpass. History: Added Mar. 28, 1990, No. 5530, Sess. L. 1990, p. 76.

No pedestrian shall cross a street other than at a marked crosswalk or at any crosswalk at an intersection except as directed by sign or order of a police officer. Any such pedestrian crossing a roadway at any place other than a marked crosswalk, any crosswalk at an intersection or posted pedestrian crossing, except as otherwise directed by a police officer shall be fined not more than $25.00 for the first offense within any one year period and not more than $50.00 for any second or subsequent offense within any one year period. History: Added Mar. 28, 1990, No. 5530, Sess. L. 1990, p. 76.

No pedestrian shall cross a roadway diagonally unless authorized by an official traffic control, or pedestrian control device, or directed by a police officer. History: Added Mar. 28, 1990, No. 5530, Sess. L. 1990, p. 76.

Pedestrians shall stay to the left in crosswalks and on sidewalks, wherever and whenever possible. History: Added Mar. 28, 1990, No. 5530, Sess. L. 1990, p. 76.

(a) Where sidewalks are provided and usable it shall be unlawful for any pedestrian to walk upon any adjacent parallel roadway. (b) Where sidewalks are not provided, but a shoulder is provided, pedestrians shall walk only upon the shoulder as far as practicable from the edge of the roadway. (c) Where neither sidewalks nor shoulders are available, any pedestrian walking along a roadway shall walk as near as practicable to the right outside edge of the roadway. Pedestrians walking along a roadway shall yield the right of way to all vehicles upon the roadway. (d) Pedestrians shall have absolute right of way on all sidewalks. Operators of all motor vehicles shall yield the right of way to any and all pedestrians on a sidewalk. History: Added Mar. 28, 1990, No. 5530, Sess. L. 1990, p. 76.

Pedestrians shall yield the right of way to all authorized emergency vehicles making use of signals as prescribed by law. History: Added Mar. 28, 1990, No. 5530, Sess. L. 1990, p. 76.

All vehicles shall yield the right of way to any blind pedestrian carrying a clearly visible white cane or accompanied by a guide dog. History: Added Mar. 28, 1990, No. 5530, Sess. L. 1990, p. 76.

It shall be unlawful for any pedestrian who is under the influence of any intoxicating liquor and/or controlled substance, as defined in Title 20, Virgin Islands Code, section 493, pertaining to motor vehicle operators, to walk or be upon a public roadway such as to create a hazard thereon. History: Added Mar. 28, 1990, No. 5530, Sess. L. 1990, p. 76.

No person may ride, operate, or otherwise use a skateboard on any public roadway. History: Added Mar. 28, 1990, No. 5530, Sess. L. 1990, p. 76.

No person shall roller skate on any public roadway. History: Added Mar. 28, 1990, No. 5530, Sess. L. 1990, p. 76.

No operator of any motor vehicle shall discharge or pick-up a passenger other than from the extreme left hand or portion of any roadway. When it is practicable to do so, a vehicle discharging or picking up passengers shall do so only by turning off any lane of through traffic. No person shall leave or enter a motor vehicle which is upon a traffic lane of a public roadway other than from the left hand side of the vehicle unless the vehicle is completely pulled off the main roadway or as far left as practicable. History: Added Mar. 28, 1990, No. 5530, Sess. L. 1990, p. 76; amended May 22, 1990, No. 5553, § 3, Sess. L. 1990, p. 179.

In cases involving violations of provisions of this subchapter, the complaint and summons shall be in the form known as the "Uniform Traffic Ticket". Except as otherwise provided by rule of the Superior Court, violators may waive trial and plead guilty by mail or by appearing at the Superior Court. Violations of this subchapter shall otherwise be processed and tried as provided by the Superior Court for traffic cases. History: Added Mar. 28, 1990, No. 5530, Sess. L. 1990, p. 76.

Notwithstanding any other provision of law, and unless otherwise provided in this code, the punishment for violation of any of the provisions of subchapter XII of this chapter, or of any regulations issued pursuant to this subchapter shall be by fine not exceeding $100.00. History: Added Mar. 28, 1990, No. 5530, Sess. L. 1990, p. 76; amended Aug. 7, 2001, No. 6425, § 10, Sess. L. 2001, p. 138.

This chapter shall be known and may be cited as the "Virgin Islands National Incident- Based Crime Reporting Act". History: Added Nov. 23, 2004, No. 6698, § 1, Sess. L. 2004, p. 236.

As used in this chapter and unless the context requires otherwise (1) "Commissioner" means the Commissioner of the Virgin Islands Police Department. (2) "Department" means the Virgin Islands Police Department. (3) "National Incident Based Reporting System" or "NIBRS" means an enhanced incident-based crime reporting system relating to every crime occurrence, developed for reporting crime figures to the Federal Bureau of Investigations. History: Added Nov. 23, 2004, No. 6698, § 1, Sess. L. 2004, p. 236.

(a) The Commissioner shall establish an incident-based crime reporting system. The system is established under the direction, control and supervision of the Commissioner of the Virgin Islands Police Department. The incident-based crime reporting system shall follow the guidelines prescribed by U.S. Department of Justice, Criminal Justice Information Services Division to conform with NIBRS. (b) The Records Bureau of the Virgin Islands Police Department shall be the central repository and custodian of crime statistics for the Virgin Islands. History: Added Nov. 23, 2004, No. 6698, § 1, Sess. L. 2004, p. 236.

(a) The Commissioner shall promulgate rules and regulations consistent with NIBRS standards relating to the collection and submission of crime data. The rules and regulations must include, at a minimum, the following: (1) procedures for the solicitation and acceptance of crime reports and data that are submitted to the Commissioner; (2) procedures necessary to ensure effective data gathering and preservation and protection of confidential information, and disclosure of information in accordance with law; (3) procedures for assessing the credibility and accuracy of reports of crime data from law enforcement agencies; (4) procedures for procuring and maintaining computerized data systems capable of processing NIBRS information; and (5) such other procedures for carrying out the purposes of this chapter as the Commissioner finds necessary. (b) The Commissioner may hire such support staff as needed to effectuate the purpose of this chapter. History: Added Nov. 23, 2004, No. 6698, § 1, Sess. L. 2004, p. 237.

(a) All territorial law enforcement agencies shall submit, on forms prescribed by the Commissioner, an annual report that shall contain detailed offense, offender, victim, property, and arrest data concerning each crime incident and the number and nature of offenses committed within the Territory, the disposition of such matters, and such other information as the Commissioner may require respecting information relating to the method, frequency, cause and prevention of crime. (b) The Commissioner shall summarize and analyze reports of crime data submitted by territorial law enforcement agencies under subsection (a), and shall cause those findings to be compiled in a comprehensive, annual report to be known as "The Virgin Islands Incident-Based Crime Report". The Virgin Islands Incident-Based Crime Report must be consistent with the NIBRS administered by the Federal Bureau of Investigations. (c) The Commissioner shall cause any crime data collected to be made available for use by any law enforcement agency to the extent permitted by law and may exchange such records and information with, and for the official use of, authorized officials of the Government of the United States, other territories and states. (d) The Commissioner shall submit annually to the Governor, Department of Justice, and the Legislature's Committee on Public Safety, the Judiciary and Homeland Security, or its successor committee, the Virgin Islands Incident-Based Crime Report. History: Added Nov. 23, 2004, No. 6698, § 1, Sess. L. 2004, p. 237.

The Department of Justice shall review the Virgin Islands Incident-Based Crime Report for compliance with the standards established by the Federal Bureau of Investigations and file the Report with the Federal Bureau of Investigation. History: Added Nov. 23, 2004, No. 6698, § 1, Sess. L. 2004, p. 238.

As used in this chapter, unless the context clearly requires otherwise- (a) "Ammunition" means any bullet, cartridge, projectile, buckshot, or any load placed or which may be placed in a firearm to be discharged. (b) "Commissioner" means the Police Commissioner of the Virgin Islands. (c) "Concealed firearm or handgun" means a firearm or handgun that is covered, hidden, or secreted in a manner that the public would not be aware of its presence and is readily accessible for immediate use. (d) "Department" means the U.S. Virgin Islands Police Department (V.I.P.D.). (e) "Handgun" means a firearm as defined in subsection (f) which has a barrel that does not exceed 12 inches, whether loaded or unloaded. (f) "Firearm" means any device by whatever name known, capable of discharging ammunition by means of gas generated from an explosive composition, including any zip and ghost guns and air gas or spring gun or any "BB" pistols or "BB" guns that have been adapted or modified to discharge projectiles as a firearm. (g) "Crime of violence" means the crime of, or the attempt to commit, murder in any degree, voluntary manslaughter, rape, arson, discharging or aiming firearms, mayhem, kidnapping, assault in the first degree, assault in the second degree, assault in the third degree, robbery, burglary, unlawful entry or larceny. (h) "Dealer in firearms and/or ammunition" means any person engaged in the business of selling firearms and/or ammunition, for a profit or gain. (i) "Gunsmith" means any person who engages in the business of repairing, altering, cleaning, polishing, engraving, blueing or performing any mechanical operation on any firearm on an individual order basis. (j) "Automatic weapon" means any firearm, as defined in subsection (f) that has the capacity to fire more than one shot without manually reloading with a single pull of the trigger. (k) "Semi-Automatic weapon" mean any firearm, as defined in subsection (f) that has the capacity to fire one shot with each pull of the trigger without manually reloading. (l) "Conversion kit" means any part or combination of parts designed and intended for use in converting any firearm into an automatic weapon, and any combination of parts from which an automatic weapon can be assembled if the parts are in the possession or under the control of a person. (m) "Assault rifle" means a selective-fire rifle that uses an intermediate cartridge, including, but not limited, to the following characteristics: (1) It must be an individual weapon with provision to fire from the shoulder (i.e. a buttstock); and (2) It must be capable of selective fire; and (3) It must have an intermediate-power cartridge-more power than a pistol but less than a standard rifle or battle rifle; and (4) Its ammunition must be supplied from a detachable magazine. (n) The term "electric weapon or device" means any device which, through the application or use of electric current, including buttery operated devices, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury. (o) "Zip gun" or "ghost gun" means a home-made device that does not have a serial number and consists of a barrel, breechblock, or any other configuration that has a firing mechanism capable of discharging ammunition. History: Amended July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209; Sept. 1, 1972, No. 3303, § 1, Sess. L. 1972, p. 439; May 16, 1974, No. 3566, § 5, Sess. L. 1974, p. 101; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; Oct. 16, 1987, No. 5284, § 2, Sess. L. 1987, p. 139; Dec. 29, 2001, No. 6493, § 2(a), Sess. L. 2001, p. 396; Sept. 11, 2009, No. 7091, § 4, Sess. L. 2009, pp. 158, 159; § 2; amended Jan. 26, 2016, No. 7826, § 1(a), Sess. L. 2015, p. 229; amended Apr. 22, 2016, No. 7860, § 2(a), Sess. L. 2016, p. 35; amended Apr. 11, 2022, No. 8547, § 1(a)(1)-(4), Sess. L. 2022, p. 72, 73.

No person shall have, possess, bear, transport or carry a firearm within the Virgin Islands, or engage in the business of dealer in firearms and/or ammunition or the business of gunsmith, except in compliance with the provisions of this chapter. History: Amended July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209.

(a) The following persons, in the discharge of their official duties, and in accordance with and subject to the conditions and restrictions imposed by the laws and regulations applicable to their conduct, may lawfully have, possess, bear, transport and carry firearms in the Virgin Islands: (1) Members of the Armed Forces of the United States or of the organized reserves. (2) Officers and employees of the United States duly authorized by Federal law to carry firearms. (3) Persons employed in fulfilling defense contracts with the United States Government or agencies thereof where possession or use of firearms is necessary under the provisions of such contracts. (4) Members of the police force of the Virgin Islands, marshals, or other duly authorized peace officers. (5) Penitentiary and jail wardens and guards. (b) The persons authorized by subsection (a) of this section lawfully to have, possess, bear, transport and carry firearms shall obtain such weapons and ammunition therefor only through the duly authorized officers or heads of their respective services or departments. History: Amended July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209.

A firearm or electronic weapon may be lawfully had, possessed, borne, transported or carried in the Virgin Islands by the following persons, provided a license for such purpose has been issued by the Commissioner in accordance with the provisions of this chapter: (1) An officer or employee of the Government of the Virgin Islands in cases where such license, in the judgment of the Commissioner, should be issued to such officer or employee by reason of the duties of his position; (2) An agent, messenger or other employee of a common carrier, bank or business firm, whose duties require him to protect money, valuables or other property in the discharge of his duties; And provided, That the employer of such person shall have justified to the satisfaction of the Commissioner the need for the issuance of the license; (3) A person having a bona fide residence or place of business within the Virgin Islands, who established to the satisfaction of the Commissioner that he has good reason to fear death or great injury to his person or property, or who establishes any other proper reason for carrying a firearm, and the circumstances of the case, established by affidavit of the applicant and of at least two credible persons, demonstrate the need for such license; (4) A person licensed to and actively engaged in the business of manufacturing, repairing or dealing in firearms in the Virgin Islands, or the agents or representatives of any such person, having necessity to handle or use firearms in the usual or ordinary course of business; (5) With respect to a rifle or a shotgun a person possessing a valid and current Virgin Islands hunting license. History: Amended July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209; amended Apr. 22, 2016, No. 7860, § 2(b), Sess. L. 2016, p. 35.

a 24-Hour Basis (a) To obtain a license to carry a concealed handgun on 24-hour basis, the applicant must be at least 21 years of age, and in addition to the information required to be submitted with an application for a firearm license under section 455(a), an applicant for 24-hour concealed handgun license must also submit either of the following: (1) evidence of experience with a firearm through participation in organized shooting competitions or current military service; or (2) evidence that, at the time the application is submitted, the applicant is a certified firearm instructor; or (3) proof of an honorable discharge from a branch of the United States Armed Forces which reflects firearm qualifications obtained within the ten years preceding submittal of the application; or (4) certification showing retirement from a Virgin Islands law enforcement agency which reflects firearm qualifications obtained within the ten years preceding submittal of the application; or (5) a certificate of completion from a handgun training class obtained within the ten years preceding submittal of the application which includes the original signature of the class instructor; and (6) a full-face frontal view color photograph of the applicant taken within the 30 days immediately preceding submittal of the license application, showing the applicant's full head, including hair and facial features, and the depiction of the applicant's head must measure one and one-eighth inches wide and one and one-fourth inches high. The applicant need not submit a photograph if the Commissioner photographs the applicant for purposes of issuing the license. (b) A person who has been issued a license to carry a concealed handgun on a 24-hour basis, shall carry the license and the valid photo identification at all times when the person is in actual possession of the handgun and shall produce both documents upon request by a law enforcement officer. Failure to produce the license upon request by a law enforcement officer raises a rebuttable presumption that the person does not have a license. The licensee has 24 hours after the request to produce the license and identification to the Commissioner. If the licensee does not produce the license and the identification card within 24 hours after the request, the Commission may suspend or cancel the license. (c) As used in this section the term- (1) "Handgun training class" means: (A) a law enforcement training firearms safety course; (B) a firearms safety course offered by a law enforcement agency, an institution of higher education, or a public or private institution or organization or firearms training school that is open to the general public and is taught by a certified firearms instructor; or (C) a firearms safety course or class that is offered and taught by a certified firearms instructor. (2) "Training certificate" means a certificate, affidavit, or other document issued by the instructor, school, club, or organization that conducts a handgun training class that evidences an applicant's successful completion of the class requirements. (d) In addition to meeting the specific requirements of this section, an applicant for a firearm license under this section must also meet all the other requirements set forth in the other applicable provisions of this chapter and any other applicable provision of the Code. History: Added Jan. 26, 2016, No. 7826, § 1(b), Sess. L. 2015, p. 230, 231.

(a) Every application for a license to have and possess a firearm shall be made under oath and on forms which the Commissioner shall prepare for such purpose. For the purposes of the enforcement of the provisions of this chapter, the applicant shall furnish all information as may be required of him by the Commissioner. (b) The initial fee for a license under section 454 of this chapter shall be $75.00. The license may be renewed every three years for a fee of $150.00 and a certificate of completion from a handgun training class obtained within one year preceding submittal of the renewal application that includes the original signature of the class instructor. (c) Upon renewal of a license to have and possess a firearm, the receipt from the U.S. Virgin Islands Police Department (V.I.P.D.) for the renewal fee will serve as a temporary license until the official license can be provided to the licensee by the Commissioner. (d) The Commissioner shall ensure that the renewal license is presented to the licensee within forty-five (45) days of receipt of payment for the renewal fee. (e) Notwithstanding the provisions of this section, no person shall be charged with possession of an unlicensed firearm if the subject weapon had been previously licensed and said license has expired not more than ninety (90) days prior to arrest; Provided, however, That this subsection shall not apply to persons who possess, bear, transport, carry or have under their control in any vehicle, any firearm during the commission or attempted commission of a crime of violence, as defined in subsection (d) of section 2253, Title 14, Virgin Islands Code. (f) For purposes of this section: (1) "Handgun training class" means: (A) a firearms safety course offered by a law enforcement agency, an or firearms training school that is open to the public and is taught by a certified firearms instructor; or (B) a firearms safety course or class that is offered and taught by a certified firearms instructor. (2) "Training certificate" means a certificate, affidavit, or other document issued by the instructor, a law enforcement agency, or firearms training school that conducts a handgun training class that evidences an applicant's successful completion of the class requirements. (g) All applicants for an initial gun license shall complete and submit to the Virgin Islands Police Department as part of their gun license application a certificate of completion for a handgun training class that includes the original signature of the class instructor. (h) The Virgin Islands Police Department may not issue an initial or renewed gun license without receiving a certificate of completion of a handgun training class. (i) Every ten years, a gun license holder shall complete and submit to the Virgin Islands Police Department a certificate of completion for a handgun training class that includes the original signature of the class instructor. (j) The Commissioner of the Virgin Islands Police Department shall revoke the license of a gun holder, if the licensee is convicted of a felony. History: Amended July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209; Oct. 20, 1981, No. 4637, § 1, Sess. L. 1981, p. 240; June 17, 1983, No. 4825, § 5, Sess. L. 1983, p. 81; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; Mar. 22, 1996, No. 6099, § 2, Sess. L. 1996, p. 32; July 14, 2003, No. 6585, § 21, Sess. L. 2003, p. 32; amended July 22, 2024, No. 8856, § 1(a)(1)-(2), Sess. L. 2024, p. -; amended Dec. 31, 2024, No. 8979, § 4, Sess. L. 2024, p. -.

(a) The Commissioner shall not issue a license for firearms under section 454 of this chapter until all the circumstances and facts set forth in the application have been investigated, and the records of the Department and other available records have been examined, and unless such investigation establishes to the satisfaction of the Commissioner: (1) the truth of such circumstances and facts; (2) that the applicant is a resident of the Virgin Islands, including with respect to shotguns or rifles a minor not under 16 years of age, or a nonresident who holds a current and valid license to hunt in the Virgin Islands, or an alien bonded under applicable Federal and Virgin Islands statutes for employment with a person, firm, corporation or other business entity duly licensed in the Virgin Islands to carry on the business of providing security, guard, patrol and private detective services; Provided, however, That in the case of any such bonded alien the license shall be issued to the business entity by which he is employed; (3) that the applicant is a person of good moral character; (4) that the applicant's fingerprints have been duly taken and/or checked with the records of the Department or other appropriate sources; (5) that a check has been conducted of all available state and federal criminal data banks and that the issuance of a license to possess a firearm in the Virgin Islands does not violate any state or federal law; and (6) that no proper reason exists to deny such application. History: Amended July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209; Nov. 19, 1969, No. 2593, § 1, Sess. L. 1969, p. 400; amended Jan. 26, 2016, No. 7826, § 1(c), Sess. L. 2015, p. 231.

(a) The following persons are ineligible for a license to possess or carry a firearm or ammunition as provided in this chapter: (1) a person who has been convicted in any court for a crime punishable by imprisonment for a term exceeding one year; (2) a person who is a fugitive from justice; (3) a person who is an unlawful user of or addicted to any controlled substance as defined in title 19, section 593(6) of the Virgin Islands Code; (4) a person who has been adjudicated as a mental defective or who has been committed to a mental institution: (A) For the purpose of this section the phrase "committed to a mental institution" includes commitment to a mental institution involuntarily, but does not include a person held in a mental institution for observation. (B) For the purpose of this section, the phrase "mental institution" includes behavioral health facilities, mental hospitals, sanitariums, psychiatric facilities and other facilities that provide diagnoses by licensed professionals for mental retardation or mental illness, including a psychiatric ward in a public or private hospital. (5) a person who, being an alien, is illegally or unlawfully in the United States; (6) a person who has been discharged from the United States Armed Forces under dishonorable conditions; (7) a person who, having been a citizen of the Unites States, has renounced his citizenship; (8) a person who is subject to a court order that- (A) was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate; (B) restrains the person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and (C) (i) includes a finding that the person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or (9) a person who has been convicted in any court of a misdemeanor crime of domestic violence. History: Added Mar. 5, 2005, No. 6730, § 29, Sess. L. 2005, pp. 106-108; amended Jan. 6, 2019, No. 8152, § 1(a)(7), Sess. L. 2018, p. 327.

(a) A license issued pursuant to the provisions of sections 454 and 454a of this chapter must be in duplicate and shall provide for the following: (1) the name, address, description, and signature of the licensee and the reason for giving the license; (2) That the same is not transferable and shall be carried by the licensee at all times when in possession of the firearm for which it was issued; (3) The term thereof, which shall not exceed five years but a 24-hour concealed handgun license is for a term of three years; (4) Places where, times when, and circumstances under which the firearm may be carried; (5) Description of the firearm authorized to be carried, showing the serial number, if any; (6) Grounds for issuance; (7) Grounds for revocation; (8) Provision that the owner of the firearm shall present the firearm annually on the anniversary of the date of licensing for inspection by the U.S. Virgin Islands Police Department (V.I.P.D.). (9) A dealer's coupon which shall be removed and retained by any person who sells or otherwise provides the licensee with any firearm contemplated in such license. (b) The original license must be delivered to the licensee not later than 30 days after the filing of the application, and the duplicate must be preserved for at least 10 years. History: Amended July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209; Oct. 20, 1981, No. 4637, §§ 2, 3, Sess. L. 1981, p. 240; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; amended Jan. 26, 2016, No. 7826, § 1(d)(1)-(4), Sess. L. 2015, p. 231, 232; amended July 22, 2024, No. 8856, § 1(b), Sess. L. 2024, p. -.

(a) The Commissioner shall not issue a license to have and possess a firearm to any person convicted in or outside the Virgin Islands of any crime of violence; or of any violation of a narcotic or "harmful drug" law; nor to any person who is mentally incompetent, or an alcoholic or a narcotic or drug addict; nor to any person convicted for the violation of the provisions of this chapter; nor to any person who for justifiable reasons is deemed to be an improper person by the Commissioner. (b) As used in subsection (a)- (1) "Mentally incompetent" means a person who is manifestly psychotic or otherwise of unsound mind, either consistently or sporadically, by reason of mental defect, among which are retardation, schizophrenia or other acute hallucinatory and delusory defects of mind, certain types of epilepsy or other seizure disorders which render the individual coordinated and mobile but of unsound mind, bipolar disorder which results in sporadic psychosis, and other disorders which consistently or sporadically render the person starkly incapable of maintaining awareness of and responsibility for his actions. (2) "Alcoholic" means a person who has a problematic pattern of using alcohol that results in impairment in daily life or noticeable distress, and typically including a strong desire to take alcohol, difficulties in controlling use, persisting in its use despite harmful consequences, a higher priority given to alcohol use than to other activities and obligations, increased tolerance, and a physical withdrawal state. (3) "Narcotic or drug addict" means a person with a chronic, relapsing brain disease that is characterized by compulsive drug seeking and use, despite harmful consequences. (c) There is a non-rebuttable presumption that an applicant is an alcoholic or a narcotic or drug addict if the applicant has at any time been committed to a health care facility for treatment of alcoholism or narcotic or drug addiction, or if the applicant has two or more alcohol-related or narcotic or drug addiction- related convictions under the laws of the Virgin Islands or the laws of any state. But notwithstanding the foregoing, the Commissioner may issue a license to an alcoholic or a narcotic or drug addict, if the applicant provides an affidavit signed by a licensed professional counselor averring that the applicant is a recovering alcoholic or a recovering narcotic or drug addict who has refrained from using alcohol or drugs for at least three years. (d) Not later than 30 days after an applicant has filed an application for a license under section 454 or 454a, the Commissioner shall provide a written explanation either mailed or hand-deliver to an applicant who has been denied a license. (e) The Commissioner shall not issue a license to have and possess a firearm to persons employed by private security guard or investigative agencies, as defined in subsection (g) of section 1301 of this title, unless and until such persons (i) have successfully completed the psychological and drug and alcohol abuse tests authorized to be administered by the Department of Health pursuant to the provisions of section 418a of chapter 23 of Title 3, Virgin Islands Code, and (ii) have successfully completed a comprehensive course in the proper handling and use of firearms, including a comprehensive examination at the conclusion thereof, which, in the opinion of the Commissioner, is comparable in scope to that administered to appointees of the Police Division of the U.S. Virgin Islands Police Department (V.I.P.D.) pursuant to the authority of section 258, Title 3, Virgin Islands Code; Provided, however, That once such persons have complied with requirements under this subsection, he or she will be deemed to have complied with these requirements for all future applications for licenses to have and possess firearms, or for renewals of such licenses. History: Amended July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209; June 14, 1984, No. 4958, § 2, Sess. L. 1984, p. 171; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; amended Jan. 26, 2016, No. 7826, § 1(e)(1), (2), Sess. L. 2015, p. 232, 233.

(a) Whenever, following the issuance of a firearms license hereunder, it shall appear to the satisfaction of the Commissioner (1) that such license was issued based on a false report of facts, or on concealment of facts on the part of the applicant; or (2) that the licensee was not in fact entitled to such license pursuant to the provisions of this chapter; or (3) that the licensee commits any act in violation of the terms of the license, or of any provisions of this chapter warranting the cancellation of the license the said Commissioner may after due notice and hearing cancel the license so issued; Provided, however, That pending such hearing the licensee shall surrender to said Commissioner or the peace officer representing him the firearm acquired and possessed by virtue of said license. (b) If the Commissioner has a reasonable belief that a licensee no longer meets the criteria specified in this chapter or that the licensee presents a danger to the community, the Commissioner shall suspend the firearm license until such time as the matter is resolved and the Commissioner determines that the licensee is eligible to possess a license. (c) Not later than 14 days after the Commissioner has cancelled or suspended a license, the Commissioner shall provide a written explanation either by certified mailed or hand-deliver to a person whose license has been cancelled or suspended. History: Added July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209; amended Jan. 26, 2016, No. 7826, § 1(f), Sess. L. 2015, p. 233.

A person who has been issued a license to carry a firearm under this chapter shall relinquish that firearm as directed to enter into any federal government or Government of the Virgin Islands facility. A conviction for violation of this subsection subjects a person to the penalties set forth in section 484. History: Added Jan. 26, 2016, No. 7826, § 1(g), Sess. L. 2015, p. 233.

Any marshal, sheriff, constable, police or other peace officer, of any state or territory of the United States, whose duty it is to serve process and make arrests, may, while travelling through or in the Virgin Islands on official business, carry such weapons or equipment as has been authorized by his appointing authority. History: Added July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209; amended Oct. 18, 2022, No. 8586, § 1, Sess. L. 2022, p. 167.

Transactions; Private Transfer Sales to Minors Or Aliens (a) No person may engage in the business of dealer in firearms and/or ammunition or as a gunsmith without holding a license therefor issued by the Commissioner of Licensing and Consumer Affairs upon favorable report of the Police Commissioner. (b) Each transaction referring to the importation, or to the sale of firearms and ammunition between dealers, shall be reported to the Commissioner on forms which he shall provide, and the name, domicile, place of business, and the number of the license of the vendor and vendee, as well as the quantities and descriptions of the firearms or ammunition which are the subject of each transaction, shall be set forth therein, as required by the Commissioner. (c) Any person, not otherwise engaged in the business of a dealer in firearms and/or ammunition, may transfer a firearm to another by sale, gift, exchange or otherwise only upon prior reporting to the Commissioner of the details of the proposed transaction. The Commissioner shall thereupon determine the eligibility of the proposed transferee for a license to possess firearms, and shall make such further determination as may be necessary in the circumstances. (d) No person licensed or otherwise, may sell or furnish firearms or ammunition to a minor, except that a shotgun or rifle of such type or caliber as the Commissioner may prescribe or ammunition therefor, may be sold or furnished by a licensed dealer to a minor who displays a hunting or sporting license issued him in accordance with the laws of the Virgin Islands, and who further displays the written consent of his parent, guardian, or other responsible person acting in their absence and interest, in which such sale or delivery has been authorized. History: Added July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; Apr. 6, 1994, No. 5966, § 11, Sess. L. 1994, p. 36.

Content; Term; Fee; Renewals (a) Any person wishing to obtain a license to engage in the business of dealer in firearms and/or ammunition or the business of gunsmith, or both, shall file with the Commissioner of Licensing and Consumer Affairs a sworn application in the manner provided by the said Commissioner of Licensing and Consumer Affairs in consultation with the Police Commissioner which application shall contain all the information necessary so that the license may be issued in accordance with the provisions of this chapter. Such application shall be transmitted to the Police Commissioner and no license shall be issued under this section without the latter Commissioner first making an investigation of all the statements set forth in the application and without the records of the Department first being examined for the purpose of determining any prior conviction of the applicant, and only when such an investigation establishes that the statements of the applicant are true, and that the applicant has not been convicted of any crime of violence and the Commissioner so certifies, recommending that the license be issued. Where the applicant is a corporation or partnership, no license shall be issued if any officer of the corporation, or partner of the partnership, has been convicted of any crime of violence. (b) Licenses hereunder shall be issued for a term of one year, expiring in any event on the 15th day of January succeeding the date of issuance. (c) The annual fee for a license as a dealer in firearms and/or ammunition shall be $100, for a license as gunsmith, $100, and for a license as both, $150. History: Added July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209; amended Nov. 7, 1983, No. 4877, § 310(h), Sess. L. 1983, p. 242; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; Apr. 6, 1994, No. 5966, § 11, Sess. L. 1994, p. 36.

No license to engage in the business of gunsmith or of dealer in firearms and/or ammunition shall be issued to a person not over 21 years of age, and not a resident of the Virgin Islands and a citizen of the United States. When the applicant is a corporation, it shall be organized under the laws of the Virgin Islands, and if a partnership, all partners shall be residents of the Virgin Islands and citizens of the United States. History: Added July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209.

Where the applicant is a corporation or a partnership, the application shall be signed and sworn to by the president, the secretary and the treasurer of the corporation or by all the managing partners of the partnership; and it shall set forth the name of the corporation or of the partnership, place and date of the incorporation or organization thereof, and the principal place of business. The requirements of subparagraphs (3) and (4) of section 456 of this chapter shall be applied to the president, the secretary, and the treasurer of the corporation and, in the proper case, to all partners of the partnership. A license issued under the provisions of this section shall be valid only for the business establishments named and described in the license. Said license may not be transferred to any other business establishment or to any other person and shall be automatically cancelled upon the dissolution of the corporation or partnership, or the replacement of any of the officers of the corporation signing the application, or upon the admission of any new partner in the case of a partnership, even though such license may be renewed as soon as the provisions of subparagraphs (3) and (4) of section 456 of this chapter in connection with the new officer or the new partner are complied with. In these cases the Commissioner may issue a provisional issue for a term of not more than thirty days while the renewal is being processed. History: Added July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209.

Any person, to whom a license has been issued under section 461 of this chapter may engage in the business of gunsmith or of dealer in firearms and/or ammunition under the following conditions. (1) The business shall be operated only on the premises specified in the license. (2) The license, or a copy thereof, certified by the authority issuing the same, shall be posted in the establishment so that it may be easily read. (3) Under no circumstance shall a weapon or shall ammunition be sold unless the vendor is personally acquainted with the buyer or the latter clearly establishes his identity. (4) A record in triplicate shall be kept of each firearm sold and of each sale of ammunition, on books devoted to this purpose which shall be printed in the manner prescribed by the Commissioner and the record of each sale shall be personally signed by the buyer and by the person making the sale, each in the presence of the other; and such record shall set forth the day and hour of the sale, caliber, manufacture, model and factory number of the weapon, caliber mark, and quantity of ammunition, the name, birthplace, address and occupation and the buyer. Said record shall also contain a thumb-print of the buyer and shall also set forth whether the buyer is personally known to the vendor, and in case he should not be the manner in which the buyer established his identity. The vendor shall transmit a copy of such record by registered mail, within 24 hours following the sale, to the Commissioner; he shall send the duplicate within 48 hours following the sale to the Attorney General and shall keep the triplicate for six years. (5) A licensee, if limited to the business of a gunsmith, shall not be required to forward reports of the work performed under said license, but shall maintain at his place of business an accurate and legible accounting of the nature and type of the jobs or work performed, together with a name and address of the customers, a description of the firearm, including the serial number which accounting shall be available as required by the Commissioner. (6) The licensee may not place or cause to be placed any firearm or ammunition in any window display visible from any street or sidewalk. (7) The licensee shall keep all firearms in a securely locked place except when being shown to a customer or being repaired or lawfully transported. (8) The licensee may not knowingly employ anyone in the licensees' business or establishment through which the licensee operates the business pursuant to this chapter, if such person would not be eligible to register a firearm. History: Added July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209; amended Aug. 20, 2010, No. 7182, § 2, Sess. L. 2010, p. 114.

Sales Slips (a) No dealer in firearms or ammunition shall deliver a firearm to a purchaser without the latter's handing over to him a license to have and possess a firearm, duly issued in accordance with the provisions of this chapter, and unless said license contains an authorization for the purchase of such firearm, and said dealer shall not sell to such purchaser any other weapon than the one described in said license. The dealer in firearms and ammunition shall separate from such license and keep the dealer's coupon, and shall return the license to the purchaser. No weapon shall be sold to the holder of a license from which the coupon has been removed, and in no case shall a pistol, revolver, or other firearm be delivered to the purchaser thereof until after forty-eight (48) hours have elapsed from the time he applies for the purchase and the same shall be delivered to him unloaded and securely wrapped. (b) No dealer in firearms or ammunition shall sell any quantity of ammunition to any person failing to present a firearm license. (c) Except in the case of the sale or transfer to another dealer or peace officer, as defined in 5 V.I.C. § 3561, no licensed dealer may transfer or sell ammunition unless: (1) The transfer is made in person; and (2) The ammunition to be purchased or transferred is of the same caliber or gauge of the firearm described in the firearms license or registration certificate. History: Added July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209; amended Aug. 20, 2010, No. 7182, § 3, Sess. L. 2010, p. 115.

Whoever, without being licensed in accordance with the provisions of this chapter, sells, has in his possession with the intent to sell, exposes for sale, or advertises for sale, any firearm or ammunition, or without being so licensed engages in the business of a gunsmith, shall be fined a minimum of $5,000 or five (5) years imprisonment or both; and a maximum of not more than $10,000 or ten (10) years imprisonment or both. History: Added July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209; amended May 2, 1994, No. 5971, §§ 1, 2, Sess. L. 1994, p. 53; Oct. 13, 1994, No. 6026, § 3, Sess. L. 1994, p. 218.

Except as provided in section 476 of this chapter, whoever, without being licensed in accordance with this chapter, imports, carries, or brings any firearm or ammunition into the Virgin Islands and fails to report to the Commissioner as required by section 470 of this chapter shall be punished by a fine of not less than $50,000 or imprisonment for a minimum of 25 years or both fine. History: Added Dec. 29, 2001, No. 6493, § 4, Sess. L. 2001, p. 398.

Whenever, following the issuance of a license to engage in the business of dealer in firearms and/or ammunition or the business of a gunsmith, it shall appear to the satisfaction of the Commissioner of Licensing and Consumer Affairs: (1) that such license was issued based on a false report of facts, or on concealment of facts on the part of the applicant; or (2) that the licensee was not in fact entitled to such license pursuant to the provisions of this chapter; or (3) that the licensee commits any act in violation of the terms of the license, or of any provisions of this chapter warranting the cancellation of the license -the said Commissioner of Licensing and Consumer Affairs, after due notice and hearing may cancel the license so issued. History: Added July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209; amended Apr. 6, 1994, No. 5966, § 11, Sess. L. 1994, p. 36.

Consignee Every water, air or overland carrier, and every warehouseman or depositary who receives firearms or ammunitions for delivery in the Virgin Islands shall as soon as possible notify such fact and the name and address of the consignee to the Commissioner and shall not deliver said merchandise to such consignee until he is authorized to do so by the Commissioner. Failure to discharge any duty herein imposed shall be punishable by a fine of not more than two thousand (2,000) dollars, or by imprisonment in jail for not more than one (1) year, or both. History: Added July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209.

Islands; Fees; Penalty (a) Any person upon entering the Virgin Islands and bringing any firearm or ammunition shall declare all firearms and ammunition to the Commissioner or the Commissioner's designee immediately upon arrival to any port of entry and shall furnish a complete description of all firearms and ammunition brought into the Virgin Islands. The person shall also furnish the person's own name, address, date of birth and occupation. (b) Any person upon entering the Virgin Islands firearm components shall declare the firearm components to the Commissioner or designee immediately at any port of entry. If the firearm components are being mailed or shipped to the Virgin Islands, the person shall also declare the firearm components to the Commissioner upon their arrival into the Virgin Islands. The declaration must include a complete description of the firearm components, along with the person's name, address, date of birth, and occupation. All individuals having possession of firearm components must also register them with the proper authorities. Licensed gun owners, however, may purchase firearm components without registering them, but only for maintenance purposes of their licensed firearms, with exception of components used in ballistic testing, including barrels, extractors and firing pins. (c) If the person making a declaration under subsections (a) or (b) is qualified for a license to carry firearms in the Virgin Islands, the Commissioner shall issue the same, upon payment of the proper fee, and the firearm shall be registered in the Weapons Register provided for in section 469 of this chapter. If the person is not qualified for a license then the Commissioner shall retain the firearms, or components for disposition in accordance with the provisions of section 475 of this chapter, but no prosecution shall lie against the person for unlawful possession of the firearm, or components. (d) For purposes of subsection (b), firearm components include lower receivers, upper receivers, trigger mechanisms, butts, stocks, barrels, or suppression devices, and any other device that when assembled can create a firearm. (e) Any person found guilty of violating subsection (b) or found guilty of possession of undeclared firearm components shall be punished for a felony under section 484 of this chapter. History: Added July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209; amended Sept. 4, 1973, No. 3473, § 1, Sess. L. 1973, p. 240; Nov. 22, 1996, No. 6123, §§ 1, 2, Sess. L. 1996, pp. 120, 121; amended July 30, 2016, No. 7895, § 1(1)-(3), Sess. L. 2016, p. 132; amended Apr. 11, 2022, No. 8547, § 1(b)(1)-(4), Sess. L. 2022, p. 73, 74.

Ammunition The Virgin Islands Port Authority shall designate a location at each port which shall be under the control of the Commissioner of Police for registration of firearms, ammunition, or firearm components and shall install at each port appropriate signage notifying all persons of the requirements of section 470. History: Added July 30, 2016, No. 7895, § 2, Sess. L. 2016, p. 132; amended Apr. 11, 2022, No. 8547, § 1(c), Sess. L. 2022, p. 74.

Every person possessing or having under his control a firearm, and who loses the same or finds that it has disappeared, shall report the same to the Commissioner within 10 days, following his discovery of such loss or disappearance, and in the event of his failing to do so such person shall be fined not more than $100. History: Added July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209.

Any applicant aggrieved by the denial of his application for a license hereunder or any person whose license has been revoked, shall be entitled to judicial review thereof by filing an appeal with the Superior Court of the Virgin Islands within 15 days after the date of the action complained of. Upon such appeal the determinations of the Commissioner as to questions of fact shall be deemed final in the absence of conclusive showing to the Court of fraud or misrepresentation. An appeal hereunder shall not operate to stay the action of the Commissioner. A judgment sustaining a refusal to grant a license shall not bar after one (1) year, a new application; nor shall a judgment in favor of the petitioner prevent the Commissioner from thereafter revoking or refusing to renew such license for any proper cause which may thereafter occur. History: Added July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209; amended Sept. 9, 1976, No. 3876, § 6, Sess. L. 1976, p. 197.

(a) The Commissioner shall establish a Firearms Register within the Department and maintain the same in a systematic and orderly manner, so that the names of the persons licensed as dealers in firearms, gunsmiths or to carry firearms in the Virgin Islands as well as the essential details concerning the firearms registered, may be easily found. (b) Every firearm authorized to be licensed under section 454 which is duly licensed after this chapter takes effect, shall be registered in the Firearms Register provided for in the preceding subsection. If such firearm does not bear a serial number, or if the same is illegible, a nongovernmental licensee shall have his full name engraved on the butt or the stock of the weapon, and shall so set forth in his declaration. The Commissioner shall deliver to the declarant a record of such registration. (c) The firearms authorized to be had, possessed, or carried under paragraphs (4) and (5) of subsection (a) of section 453 and under subparagraph (1) of section 454 of this chapter, shall also be registered in the Firearms Register above provided for. History: Added July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209.

Upon the death of a person leaving in his estate a firearm it shall be the duty of his administrator, executor or any other person legally authorized to represent the estate to report to the Commissioner the brand, caliber and serial number if any, of the firearm in question. Upon such report, or upon information otherwise verified, the Commissioner shall make the necessary provisions for the custody of said firearm by any interested party or by its deposit with the Department, pending the settlement of the estate. If the firearm is assigned to an heir or distributee who is eligible to obtain a license for a firearm, and such license is issued, said firearm shall be delivered to such heir or distributee. If the heir or distributee is not eligible for a firearms license, then the firearm shall be disposed of as part of the estate through public or private sale as the District Court of the Virgin Islands may direct; provided that the firearm may be acquired only by a duly licensed dealer, a person eligible for a license to possess or carry firearms in the Virgin Islands, or a nonresident of the Virgin Islands in compliance with the laws of the buyer's state. History: Added July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209.

(a) All firearms surrendered, seized or confiscated under the provisions of this chapter, shall be disposed of as provided in this section. (b) Any firearm unlawfully borne, possessed, transported or carried, is hereby declared a public nuisance and when any such weapon or instrument is seized by the police the same shall be delivered to the Commissioner. In the cases where criminal actions are filed, the judgment convicting the defendant shall, in addition to the penalties herein prescribed, carry with it the forfeiture in favor of the Government of the Virgin Islands of the firearm seized, and it shall be the duty of the court or judge to deliver the firearm so forfeited to the Commissioner who shall direct the disposition thereof. (c) Those firearms which are in good condition may be preserved by the Commissioner for governmental uses. (d) The Commissioner shall, whenever he may deem it advisable, and at least once a year, destroy and render completely unserviceable the firearms delivered to him under the provisions of this section, except when a certification is presented to him from a court, or the United States Attorney or the Attorney General to the effect that the preservation thereof, or of any of them, is necessary or indispensable for the ends of justice, and except when the Commissioner himself directs that they, or any of them, be retained in any police or detective laboratory to the end that they may be examined, compared, identified, or be the object of any other experiment tending to discover or prevent crime. (e) Before disposing of a firearm, as provided in this section, the Commissioner shall direct that the class, make, number and caliber of such firearms be carefully recorded and filed. History: Added July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209.

No provision hereof shall prevent that private collections of antique firearms, which may not be used as weapons, be preserved and maintained and that their owners possess them as ornaments or as matters of curiosity, nor the collections of firearms kept as relics, but for the preservation of any weapon of those included in this section the prior inspection thereof and approval therefor by the Commissioner shall be necessary and he shall render such firearms useless, so that the same may not be used as such. The Commissioner shall issue a certificate of uselessness of all the weapons possessed under the provisions of this section, and the possession of any firearm not included in said certificate shall be subject to all the provisions hereof. History: Added July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209.

History: Repealed. May 16, 1974, No. 3566, § 5, Sess. L. 1974, p. 101.

Any physician, physician aide, or nurse treating a case of bullet wound, powder burn or any other wound arising from or caused by the discharge of a gun, revolver, pistol, or other firearm, and whenever such cases are treated in a hospital, clinic, sanitarium or other similar institution, the manager, superintendent, or other person in charge shall report such case at once to the police authorities. History: Added July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209.

Any person who, otherwise than in self-defense or in the discharge of official duty: (a) wilfully discharges any pistol, revolver, or other firearm, or who throws any deadly missile in a public place or any other place where there is any person who may be injured, thereby, although no injury to any person ensues; or (b) intentionally although without malice aims a revolver, pistol or other firearm toward any person; or (c) discharges, without injury to any person, firearms while intentionally although without malice aiming toward any person; or (d) causes physical injury to any person by the discharge of a firearm while aiming intentionally, although without malice, at any person, shall be guilty of a felony. History: Added July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209; amended Dec. 29, 2001, No. 6493, § 2(b), Sess. L. 2001, p. 396.

No person shall, in purchasing a firearm or in applying for any license or in making any report hereunder give or offer false or misleading information or offer false evidence of his identity. History: Added July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209.

(a) No person shall within the Virgin Islands change, alter, remove, or obliterate the name of the maker, model, manufacturer's number, or other mark or identification on any pistol, machine gun, or sawed-off shotgun. Possession of any pistol, machine gun, or sawed-off shotgun upon which any such mark shall have been changed, altered, removed, or obliterated shall be prima facie evidence that the possessor has changed, altered, removed or obliterated the same within the Virgin Islands: Provided, however, That nothing contained in this section shall apply to any officer or agent of the United States or the Government of the Virgin Islands engaged in experimental work. (b) Whoever, unless otherwise authorized by law, has, possesses, bears, transports or carries either, actually or constructively, openly or concealed, any firearm, as defined in section 451(f) of this title, loaded or unloaded, with altered or obliterated identification marks, in a public place, a residential area, a vehicle or any place where persons are gathered shall be imprisoned for not less than fifteen (15) years without parole. History: Added July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209; amended Dec. 29, 2001, No. 6493, § 2(c), Sess. L. 2001, p. 396.

Whoever knowingly allows the use of his license, issued under this chapter or any prior law of the Virgin Islands, by another person for the purpose of obtaining or transporting firearms shall be punished as provided in section 484 of this chapter. History: Added July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209.

All fees collected for licenses under this chapter shall be transmitted to the Commissioner of Finance and deposited by him in the Virgin Islands Education Initiative Fund. History: Added July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209; amended Dec. 30, 2020, No. 8434, § 5(a), (b), Sess. L. 2020, p. 333.

Any person who violates the provisions of this chapter shall, except when otherwise specifically provided herein, be fined not more than $5,000 or imprisoned not more than three years forfeiture of the person's license or firearm or any combination thereof; provided that if the violation occurs after such person has been convicted in the Virgin Islands of a violation of this chapter, or of a crime of violence, either in the Virgin Islands or in another jurisdiction, such person shall be fined not more than $10,000 or imprisoned not more than ten years or both. History: Added July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209; amended Dec. 29, 2001, No. 6493, § 2(d), Sess. L. 2001, p. 397; amended Jan. 26, 2016, No. 7826, § 1(h), Sess. L. 2015, p. 233.

The Commissioner may issue, modify and amend, from time to time, such rules and regulations, not inconsistent with this chapter or the provisions of other law, which he may deem necessary or appropriate to carry out the purposes of this chapter, which rules and regulations, upon approval by the Governor, shall have the force and effect of law. The Police Commissioner shall issue rules and regulations, not inconsistent with the provisions of law, pertaining to the use and control of firearms used by employees of security, guard, patrol and private detective services. Such rules and regulations, upon approval by the Governor and the Legislature, shall have the force and effect of law. Upon such approval, the Commissioner shall cause such rules and regulations to be published and he shall provide each duly licensed security, guard, patrol and private detective service with copies thereof. History: Added July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209; amended Nov. 19, 1969, No. 2593, § 2, Sess. L. 1969, p. 401; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

Nothing contained in this chapter shall be deemed to limit the exercise of the police power of the Government of the Virgin Islands for the protection of the existence of government, life, the public security, health, morals and the beneficial use of property. History: Added July 11, 1968, No. 2279, § 1, Sess. L. 1968, Pt. II, p. 209.

(a) The following items of property shall be subject to seizure and forfeiture, and, upon forfeiture, no property right shall exist in them: 1. Any firearm being worn, borne, or transported by any person not authorized pursuant to section 454 of this title, and, therefore, in violation of section 484 of this title. 2. All ammunition or other parts of or appurtenances to any such firearm worn, carried, or transported by such person or found in the immediate vicinity of such firearm. (b) Any property subject to seizure under subsection (a) of this section may be seized by any duly authorized officer, as an incident to an arrest or search and seizure. Any such officer seizing such property under this section shall either place the property under seal or remove the same to a location designated by the Police Commissioner. Such officer shall, at the time of seizure or as soon as possible thereafter, execute and deliver to the possessor a signed and dated receipt for the item seized. (c) Upon the seizure of property pursuant to this section, the Attorney General shall be notified thereof by the U.S. Virgin Islands Police Department (V.I.P.D.), which Department shall also furnish the name and address of the owner thereof, if known. The Attorney General shall notify the owner by certified mail of the seizure, if the registered owner is not the person from whom the item was seized, and the Attorney General's determination of whether the owner knew or should have known that the property was worn, borne, transported or used without lawful authority under section 454 of this title. 1. If the Attorney General determines that the owner neither knew nor should have known of the unauthorized use or intended unauthorized use of the property, he shall surrender the property upon request to the owner unless he determines that the property is needed as evidence in a pending criminal case, in which event he shall return the property upon the final conclusion of the case or cases in which the property is needed as evidence. 2. If the Attorney General determines that the property should be forfeited to the Government, he shall petition the Superior Court in the name of the Government of the Virgin Islands against the property as designated by make, model, year and serial number or other identifying characteristic. The petition shall allege the seizure and set forth in general terms the causes or grounds of forfeiture. It shall also pray that the property be condemned as forfeited to the Government and disposed of according to law. 3. If the owner or owners of the property are unknown or cannot be found, notice of the seizure and intended forfeiture proceedings shall be made by publication in one or more newspapers published in the District in which the action is brought. The notice shall state the substance and object of the original petition and give notice of the intended forfeiture proceedings. 4. Within 30 days after service of the notice of seizure and intended forfeiture proceedings or within 30 days after the date of publication, the owner of the property seized may file an answer under oath to the petition. 5. The court shall retain custody of the seized property pending prosecution of the person accused of violating section 454 of this title and in case such person be found guilty, the property shall remain in the custody of the court until the hearing on the forfeiture is held. The hearing shall be scheduled no more than 30 days after conviction of the defendant, and reasonable notice shall be given to those parties filing an answer to the petition. 6. If no timely answer is filed, the Court shall hear evidence upon the unauthorized use of the property and shall upon satisfactory proof thereof, order the property forfeited to the Government of the Virgin Islands. 7. At the scheduled hearing, any owner who filed a timely answer may show by competent evidence that the property was not in fact used in violation of section 454 of this title or that he neither knew nor should have known that the property was being, or was to be so used. Upon the determination that the property was not so used, the Court shall order that the property be released to the owner. 8. If after a full hearing the Court decides that the property was used in violation of section 454 of this title or that the owner knew or should have known that the property was being, or was to be so used, the Court shall order that the property be forfeited to the Government of the Virgin Islands. (d) Whenever property is forfeited under this section, it shall be turned over to the Police Commissioner for immediate destruction in the manner he deems appropriate. (e) Before disposing of a firearm, as provided in this chapter, the Commissioner shall direct that the class, make, number and caliber of such firearm, as well as the time of receipt of such firearm by the Commissioner and the date of destruction, if any, of same, shall be carefully recorded and filed. History: Added Jan. 13, 1975, No. 3655, Sess. L. 1974, p. 282; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

(a) Any law enforcement officer who, in the light of his observations, information and experience, has a reasonable belief that (i) a person may be wearing, carrying, or transporting a firearm in violation of section 454 of this title, (ii) by virtue of his possession of a firearm, such person is or may be presently dangerous to the officer or to others, (iii) it is impracticable, under the circumstances, to obtain a search warrant; and (iv) it is necessary for the officer's protection or the protection of others to take swift measures to discover whether such person is, in fact, wearing, carrying, or transporting a firearm, such officer may: (1) approach the person and identify himself as a law enforcement officer; (2) request the person's name and address, and, if the person is in a vehicle, his license to operate the vehicle, and the vehicle's registration; and (3) ask such questions and request such explanations as may be reasonably calculated to determine whether the person is, in fact, unlawfully wearing, carrying, or transporting a firearm in violation of section 454 of this title; and (4) if the person does not give an explanation which dispels, the reasonable belief which he had, he may conduct a search of the person, limited to a patting or frisking of the person's clothing in search of a firearm. The police officer in acting under this section shall do so with due regard to all circumstances of the occasion, including but not limited to the age, appearance, physical condition, manner and sex of the person approached. (b) In the event that the officer discovers the person to be wearing, carrying, or transporting a firearm, he may demand that the person produce evidence that he is entitled to so wear, carry, or transport the firearm pursuant to section 454 of this title. If the person is unable to produce such evidence, the officer may then seize the firearm and arrest the person. (c) Nothing in this section shall be construed to limit the right of any police officer to make any other type of search, seizure, and arrest which may be permitted by law. Any police officer sued in a civil action for conducting a search or seizure pursuant to this section which is alleged to be unreasonable and unlawful shall, upon his request, be defended in said action and any appeals therefrom, by the Attorney General. Every police officer who conducts a search or seizure pursuant to this section shall, within twenty-four hours after such search or seizure, file a written report with the U.S. Virgin Islands Police Department (V.I.P.D.) describing the circumstances surrounding the search or seizure and the reasons therefor on a form prescribed by the Police Commissioner. Such report shall include the name of the person searched. History: Added Jan. 13, 1975, No. 3655, Sess. L. 1974, p. 284; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

of Firearms Transferred From Non-Dealer (a) At the time that any firearm is purchased from a licensed firearms dealer, the dealer and the purchaser shall complete such registration documents as required by the Commissioner of Police before the firearm may be removed from the premises. The firearms dealer shall forward said documents to the Firearms Division of the Police Department by the end of the next business day. (b) Any person other than a firearms dealer wishing to transfer a firearm to another person shall effect the transfer at the Firearms Division of the Virgin Islands Police Department or at the place of business of a licensed firearms dealer within the Virgin Islands. Both individuals involved in the transfer must present the appropriate firearm licenses to the Firearms Division or the firearms dealer before such transfer may be effected. A record of transfer, as provided by the Virgin Islands Police Department, shall be completed at the time of transfer, and no transfer of a firearm shall be valid absent the completion of registration and transfer documents as required by this section. The firearms dealer shall forward said documents to the Firearms Division of the Police Department by the end of the next business day. (c) The completion of registration and transfer documents as required by this section shall constitute compliance with the requirements of Section 470, subsection (a) of this chapter. History: Added Nov. 22, 1996, No. 6123, § 3, Sess. L. 1996, p. 121.

(a) Every person who owns, possesses, purchases, or acquires a firearm, as that word is defined at Section 451(f) of this chapter, shall be responsible for the safe storage of the firearm. (b) Any person who owns, possesses, purchases, or acquires a firearm, as that word is defined in section 451(f) of this chapter, whose failure to lock or safely store the firearm directly results in a person not licensed to own or possess the firearm to gain access thereto, and said unlicensed person injures or kills himself or another person with said firearm, may be, upon conviction, punished by a fine not to exceed $2,500, imprisonment not to exceed two years, or both, and be subject to forfeiture of his license and firearm. This section shall not be construed as precluding the charge or conviction of any other appropriate violation of law. (c) It is unlawful to leave a firearm in a motor vehicle unless it is stored in an approved vehicle firearm lockbox. A conviction for violation of this subsection subjects a person to the penalties set forth in subsection (b) of this section. (d) For purposes of this section, "safe storage" means the storage of a firearm in a locked manner so as to prevent discharge or the storage of a firearm in a safe location that is inaccessible to all except the licensed owner of the firearm. For purposes of this section a firearm is locked when the device installed on it or incorporated into its design is activated or set to prevent the firearm from being discharged. History: Added June 17, 2002, No. 6510, § 1, Sess. L. 2002, p. 297; amended Jan. 26, 2016, No. 7826, § 1(i), Sess. L. 2015, p. 233.

This Act shall be known and may be cited as the "Virgin Islands Firearm Serial Number Regulation Act." (a) All firearms manufactured, sold, transferred, or possessed in the Virgin Islands shall have a unique serial number engraved or stamped on the firearm by the manufacturer. (b) It is unlawful for any person to possess a firearm that does not have a serial number. (c) This section does not apply to: (1) Firearms that were manufactured prior to the effective date of this Act if they are registered with the appropriate authority within six months of enactment of this Act. (2) Firearms that are exempt under federal law. (d) Any person who violates this section is guilty of a felony and subject to a fine of not more than $10,000 and imprisoned for not less than fifteen years without parole. History: Added Dec. 31, 2024, No. 8971, § 1, Sess. L. 2024, p. -.

Services; Director; Organization (a) (1) The Fire Services and Emergency Medical Services (EMS) of the Virgin Islands are under the supervision of the Director of the Virgin Islands Fire and Emergency Medical Services, (VIFEMS). (2) The VIFEMS may obtain a federal Employer Identification Number and manage billing and collections systems for ambulance service. (b) The VIFEMS, under the direction of the Director, is responsible for the following: (1) To enforce the laws and regulations as they pertain to fire services and emergency medical services in the Virgin Islands; (2) To provide effective fire prevention, fire protection, fire suppression, and special operations, such as hazardous materials, and search and rescue to persons and property of the Virgin Islands; (3) To provide emergency and non-emergency basic and advanced life support services to persons in the Virgin Islands; (4) To prevent and reduce the risk of fire through effective public education and injury prevention, conduct fire safety code inspections and enforcement programs; (5) To conduct arson investigations and make arrests pertaining to such matters; and (6) To establish and participate in training and certification, professional development, and educational programs relating to fire science, EMS, and other related matters. (c) The VIFEMS shall have one Medical Director of Emergency Medical Services, one Assistant Director of Fire, one Assistant Director of Emergency Medical Services, and one Territorial Training Coordinator, all of whom are appointed by the Governor and report to the Director of the VIFEMS. (d) There must be one Fire Chief and one Emergency Medical Services Chief for the District of St. Croix and one Fire Chief and one Emergency Medical Services Chief for the District of St. Thomas-St. John. There must also be a Deputy Fire Chief for the Island of St. Croix, a Deputy Fire Chief for the Island of St. John who must be a resident of St. John, and a Deputy Fire Chief for the Island of St. Thomas, all of whom must be appointed by the Governor. (e) The Director shall establish an Arson Prevention and Investigation Unit within each fire district for the purpose of enforcing the provisions of the Territorial Fire Prevention Code and such other rules and regulations that will aid in the prevention of fires. Each Arson Prevention and Investigation Unit must be staffed by one District Fire Marshal, and such Fire Inspectors, Deputy Marshals and Deputy Inspectors I, II, II, as determined by the Director. The Fire Marshals, Fire Inspectors, and Deputies must have specialized training in arson and investigation, which training must be certified by the Director. (f) The Fire Chief and the Fire Marshal or their authorized representative has the authority to investigate the cause, origin, and circumstances of every fire, explosion, or hazardous materials emergency. When the Fire Chief, the Fire Marshal, or the authorized representative has reason to believe that a fire, explosion, or hazardous materials incident may be the result of a violation of any law, the Fire Chief, Fire Marshall, or authorized representative shall immediately take custody of and safeguard all physical evidence in connection therewith, and has the authority to prohibit the disturbance or removal of any material, substance, device, or utility in, or upon, any building or property where the emergency occurred until such time as the investigation of the incident is complete, However with respect to fires, explosions, and hazardous materials incidents involving critical injury, death, or assaults with intent to kill, the Virgin Islands Police Department is the primary investigative agency. (g) The Fire Chief and the Fire Marshal or their authorized representative has the authority to enter business premises and inspect the premises for any violations to the fire code. If a determination is made that there are violations that present an imminent fire hazard, the offending business has 72 hours to correct the violations. The Director of the VIFEMS has the authority to close any business that fails to correct the violations with written notice to the Department of Licensing and Consumer Affairs. The business may be opened only upon the issuance of certificate of compliance by the VIFEMS Director to the Department of Licensing and Consumer Affairs. (h) The Territorial Training Coordinator shall design an education and training program that encompasses entry-level and in-service training based upon the VIFEMS' mission and operational performance measures. The Territorial Training Coordinator, in close coordination with the Assistant Directors and Medical Director, shall develop and implement a program of certification for firefighters, paramedics, emergency medical technicians, and emergency medical responders. (i) The organization of the VIFEMS within the Office of the Governor shall be in accordance with rules and regulations promulgated by the Director. History: Amended Sept. 11, 1978, No. 4206, § 3, Sess. L. 1978, p. 230; Apr. 26, 1979, No. 4278, § 6, Sess. L. 1979, p. 29; Feb. 1, 1985, No. 5040, § 2, Sess. L. 1984, p. 463; June 24, 1987, No. 5265, § 1002, Sess. L. 1987, p. 88; May 2, 2001, No. 6403, § 7(a), Sess. L. 2001, p. 23; Dec. 1, 2001, No. 6479, § 28(a), Sess. L. 2002, p. 333; Feb. 21, 2002, No. 6503, § 40, Sess. L. 2002, p. 277; amended Apr. 8, 2022, No. 8545, § 5, Sess. L. 2022, p. 62-64; amended July 9, 2025, No. 9005, § 10, Sess. L. 2025, p. -.

(a) To be eligible for appointment, the Medical Director must: (1) Be a practicing physician licensed to practice medicine in the Virgin Islands; (2) Be board certified in a medical specialty that represents the broad services provided the patient base that the Department serves, such as emergency medicine, general surgery, family medicine, or internal medicine; and must have at least four years of substantial experience such specialty. (b) The Medical Director shall: (1) Provide medical oversight for all aspects of pre-hospital medical services provided by the VIFEMS, including: (A) Written policies, procedures, and protocols for pre-hospital medical care; (B) Medical training; and (C) Quality assurance of medical services; (2) Supervise the administration of pre-hospital medical care; and (3) Work collaboratively with the Director, Assistant Directors, Fire Chief, Deputy Fire Chiefs, Emergency Medical Services Chiefs, and other personnel in the VIFEMS. (c) (1) The provision of pre-hospital medical care by the VIFEMS's certified emergency medical technicians and paramedics shall be under the license of the Medical Director. (2) The Medical Director is not personally liable for the good-faith performance of the Medical Director's duties under this section for a death or injury that results from the provision of pre-hospital medical care by the VIFEMS's certified emergency medical technicians or paramedics practicing under the license of the Medical Director unless the death or injury is the result of willful misconduct or gross negligence of the Medical Director. (d) (1) The Medical Director has the authority to order hospital emergency rooms within the Virgin Islands to accept any VIFEMS transports and to require hospitals and medical providers to accept the transfer of care of a patient or patients within a specified period of time. (2) The VIFEMS may transport patients to any licensed clinic or other medical facility that is not a hospital emergency room, appropriate to the patient's need. (3) The Medical Director has the authority to work directly with the Governor, the Commissioner of Health, and other appropriate agencies to develop programs and enter into agreements with clinics or other health care providers to receive the VIFEMS's transport of patients. (4) The Medical Director has the authority to work with the hospitals to coordinate pre-hospital medical services with medical research of best practices for the delivery of pre-hospital medical care. (5) The position of Medical Director may be a part-time, full-time or contractual position dependent on the complexity, scope, and needs of the VIFEMS. History: Added Apr. 8, 2022, No. 8545, § 6, Sess. L. 2022, p. 64, 65.

(a) In accordance with ambulance service pricing guidelines from the Centers for Medicare and Medicaid Services, or successor organization, the Director may establish fees to be charged for services provided by the emergency ambulance service of the VIFEMS in such amount as may be reasonable in consideration of the interests of the public and the persons required to pay the fees and in consideration of the approximate cost of furnishing such services; but no one shall be denied the services because of his or her inability, and no one may be questioned about the ability to pay at the time the services are requested. (b) (1) A health care facility shall reimburse the VIFEMS for the cost of emergency ambulance services, as determined under subsection (a) of this section, incurred by a patient resident of the health care facility if the health care facility requests ambulance transport services from the VIFEMS, and the patient's healthcare insurance denies payment for the ambulance transport after a determination that the transportation did not meet the medical necessity standard as provided in 442 CFR 410.40(d). (2) For the purposes of this subsection, the term: (A) "Ambulance" means any publicly owned vehicle specially designed, constructed, modified, or equipped for use as a means for transporting patients in a medical emergency or any publicly owned vehicle that is advertised, marked, or in any way held out as a vehicle for the transportation of patients in a medical emergency. (B) The term "health care facility" includes, but is not limited to, hospitals, nursing homes, hospices, health care clinics, health centers, behavioral health facilities, community residence facilities, maternity centers, ambulatory surgical facilities, renal dialysis facilities, intermediate care facilities, rehabilitation facilities, urgent care facilities, and home care agencies. (c) All health insurers, hospitals or medical services corporations, preferred provider organizations and health maintenance organizations shall reimburse the VIFEMS for emergency services that are due to a medical emergency. (d) Fees collected by the VIFEMS under this section must be deposited in the Fire and Emergency Medical Services Fund. History: Added Apr. 8, 2022, No. 8545, § 7, Sess. L. 2022, p. 65, 66.

Medical Services Relating to Fire and Emergency Medical Services The Director of VIFEMS shall be responsible for the discipline, good order and proper conduct of the fire and emergency medical services, the enforcement of laws and regulations pertaining thereto and for the care and condition of the hoses, hose carriages, engines and all other property of the fire and emergency medical services. All responsibility for the direction and control of the fire and emergency medical services shall rest in the Director of VIFEMS. History: Amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; Dec. 1, 2001, No. 6479, § 28(b), Sess. L. 2001, p. 333; amended Apr. 8, 2022, No. 8545, §§ 5; 8(a)(1), Sess. L. 2022, p. 62, 66.

(a) The Director of VIFEMS shall have absolute control and command at all fires and fire alarms. (b) Whoever violates any legitimate orders of the Director of VIFEMS, or his representative, at the scene of a fire shall be fined not more than $50 or imprisoned not more than 30 days, or both. History: Amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; Dec. 1, 2001, No. 6479, § 28(c), Sess. L. 2001, p. 333; amended Apr. 8, 2022, No. 8545, § 8(a)(1), Sess. L. 2022, p. 66.

Medical Services Relating to Fire and Emergency Medical Services The Director of Fire Services shall- (1) Prepare and issue, subject to the approval of the Governor, such rules and regulations as are necessary for the efficient operation of the fire and emergency medical services. (2) Prepare and issue rules and regulations governing protection of fire apparatus; fire drills in schools, public buildings, and other places where such drills may be necessary; the operation of volunteer fire squads; and the institution of a training program for members of the service. Such rules and regulations shall have the force and effect of law when approved by the Governor. (3) Determine the qualification for enlistment and recruiting of volunteer firemen and other volunteer members of the fire and emergency medical services. (4) Keep a record of all fires, including statistics as to the extent of such fires and the damage caused by them and whether such losses were covered by insurance, and if so, to what extent. Such records shall be made daily from the reports made by the appropriate personnel of the fire and emergency medical services. All such reports shall be public. (5) Make and transmit to the Governor an annual report containing a resume of all the activities carried on by the service during the year, with such statistics as may be necessary to include therein. The report should also recommend such amendments to the rules and regulations as, in the judgment of the Director of VIFEMS, may be desirable. (6) Institute and carry on a training program and through personal inspections keep informed of the progress and efficiency of the fire and emergency medical services. (7) Receive, with the approval of the Governor, donations in money, real and/or personal property from the Federal Government or from any public or private entity, whether in trust or in ownership, or in any other form; Provided, That in the case of money or any other financial assistance, the funds received shall be covered into the General Fund of the treasury of the Government of the Virgin Islands. History: Amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; Dec. 1, 2001, No. 6479, § 28(d), Sess. L. 2001, p. 333; amended Apr. 8, 2022, No. 8545, §§ 5; 8(a)(1), Sess. L. 2022, p. 62, 66.

Services All members of the Virgin Islands fire and emergency medical services shall perform such duties as may be required by the Director, Virgin Islands VIFEMS. Members of the service shall have the power to prevent all persons not belonging to the service, or not acting under proper authority, from entering any fire station or handling any fire apparatus belonging to the service. Every member of the service shall be furnished with a copy of the rules and regulations prescribed by the Director, Virgin Islands VIFEMS. The fire and emergency medical services in the District of St. Thomas-St. John and the fire and emergency medical services in the District of St. Croix may each be organized into systems of four platoons, each of which shall be on duty for alternating shifts of 24 hours or they may be organized into shifts of eight or sixteen hours each. No member of the service shall be required to serve more than a total of seven 24-hour shifts during two consecutive two-week pay periods without overtime compensation as provided by section 560 of Title 3 of this Code; Provided, That drills and exercise, held not more than once per week, shall not be considered in computing overtime compensation. History: Amended Mar. 24, 1971, No. 2971, § 1, Sess. L. 1971, p. 85; Aug. 10, 1971, No. 3104, Sess. L. 1971, p. 329; July 31, 1978, No. 4167, § 1, Sess. L. 1978, p. 164; Sept. 11, 1978, No. 4206, § 3, Sess. L. 1978, p. 230; Apr. 26, 1979, No. 4278, § 6, Sess. L. 1979, p. 29; amended Apr. 8, 2022, No. 8545, §§ 5; 8(a)(1), Sess. L. 2022, p. 62, 66.

Right of Way (a) The right of way of the streets, alleys and other public places shall be given to the trucks, fire engines and vehicles of the fire and emergency medical services in all cases when in line of duty. (b) Whoever fails to yield the right of way as provided in subsection (a) shall be fined not more than $200 or imprisoned not more than 1 year, or both. History: Amended Apr. 8, 2022, No. 8545, §§ 5; 8(a)(1), Sess. L. 2022, p. 62, 66.

(a) The Police Commissioner or any representative in command, may prescribe limits in the vicinity of any fire within which no person, excepting those who reside therein, firemen and policemen, and members of the medical service on duty, and those admitted by order of the fire and emergency medical services, shall be entitled to enter. It shall be the duty of the police force to enforce such orders. (b) Whoever violates any orders given pursuant to subsection (a) shall be fined not more than $200, or imprisoned not more than 1 year, or both. History: Amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; amended Apr. 8, 2022, No. 8545, § 8(a)(1), Sess. L. 2022, p. 66.

No person shall be entitled to take away any property in the possession of the fire and emergency medical services saved from any fire until he shall make satisfactory proof of ownership thereof. The Police Commissioner or any of his representatives in command shall have power to cause the removal of any property, whenever it shall become necessary for the preservation of such property from fire, or to prevent the spreading of fire, or to protect adjoining property. History: Amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; amended Apr. 8, 2022, No. 8545, § 8(a)(1), Sess. L. 2022, p. -.

When a fire is in progress the Commissioner of Public Works and the Police Commissioner jointly shall have the power to order any building or buildings that are in close proximity to such fire torn down, blown up, or otherwise demolished, for the sole purpose of checking the conflagration. This authority shall not be exercised unnecessarily or recklessly. History: Amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

Whoever violates any provisions of this chapter or any rule issued pursuant to this chapter shall be fined not more than $200, or imprisoned not more than 1 year, or both, unless otherwise specifically provided.

There is hereby established within the Virgin Islands Fire Service, a Junior Firefighter Corps for the purpose of training young men and women in fire prevention and fire fighting and to serve as a source of manpower for recruitment into the fire service of the Virgin Islands. History: Added June 30, 1992, No. 5803, § 2, Sess. L. 1992, p. 103.

The Director of the Virgin Islands Fire Service shall be directly responsible for the supervision and operation of the Junior Firefighter Corps. There shall be branches of the Corps in St. Thomas, St. Croix and St. John. History: Added June 30, 1992, No. 5803, § 2, Sess. L. 1992, p. 103.

The Director of the Virgin Islands Fire Service shall issue, with the approval of the Governor, rules and regulations to govern the operation of the Junior Firefighter Corps, including: (a) numerical membership; (b) number and rank of officers; (c) physical and moral qualifications; (d) such other matters as may be required for the proper functioning of the Junior Firefighter Corps. History: Added June 30, 1992, No. 5803, § 2, Sess. L. 1992, p. 103.

(a) Membership in the Junior Firefighter Corps shall be voluntary and limited to able-bodied residents of the Virgin Islands aged nine to eighteen years, who have resided in the Virgin Islands for not less than two years and who are students in good standing in recognized schools in the Virgin Islands. (b) Notwithstanding any other provision of the law, and where otherwise qualified, members of the Junior Firefighter Corps in good standing and who have completed a minimum of two years of training shall be given priority by the Director when recruiting members for the Fire Service, provided they have successfully passed the written examination required of all firefighters and have attained the age of eighteen. (c) Two positions, in each island district, either on the vacant and/or the new position listing, shall be reserved annually for Junior Firefighters who have successfully met all of the requirements in subsection (b) of this section. History: Added June 30, 1992, No. 5803, § 2, Sess. L. 1992, p. 103.

Trainees in the Junior Firefighter Corps shall, after sufficient training, be assigned to appropriate firefighting duties and shall be entitled to a cash allowance to be determined by rules and regulations promulgated by the Director of the Fire Service and approved by the Governor; provided, however, that a minimum weekly attendance for training and instructions shall be complied with by each trainee. The cash allowance authorized herein shall be paid from any annual appropriation provided to the Virgin Islands Fire Service. Notwithstanding any of the foregoing, members of the Junior Firefighter Corps shall not, by virtue of their service as such members, be considered employees of the Government of the Virgin Islands, and shall not be entitled on account of such service to fringe benefits, participation in the Employees Retirement System of the Virgin Islands Government or any similar benefits or program. Trainees of the Junior Firefighter Corps shall, however, be entitled to receive Workers' Compensation Administration benefits in accordance with the provisions of section 282 of Title 24, and payment granted pursuant to the provisions of this section shall not be considered monetary compensation within the meaning of subsection (b) of section 282 of Title 24. History: Added June 30, 1992, No. 5803, § 2, Sess. L. 1992, p. 103; amended Oct. 13, 1994, No. 6033, § 2(b), Sess. L. 1994, p. 254.

As used in this chapter- "approved" means accepted by the Director of the Virgin Islands Fire and Emergency Medical Services as a result of investigation and experience, or by reason of text, listing or approval by Underwriters' Laboratories, Inc., the National Bureau of Standards, the American Gas Association Laboratories or other nationally recognized testing authorities; and "Director" means the Director of the VIFEMS. History: Amended Oct. 20, 1981, No. 4640, § 1, Sess. L. 1981, p. 243; amended Apr. 8, 2022, No. 8545, § 8(a)(2)(A), Sess. L. 2022, p. 67.

The provisions of this chapter shall apply equally to new and existing conditions except that existing conditions not in strict compliance with the terms of this chapter shall be permitted to continue where the exceptions do not constitute a distinct hazard to life or adjoining property.

Subject to approval of the Governor, the Director shall prepare and issue such regulations as may be necessary for prevention of fires in all places including but not confined to homes, public buildings, hotels, churches, places of public assembly, theatres, schools, hospitals, industrial and commercial establishments, docks, warehouses, etc. The Director also is authorized to assess reasonable fees, fines and charges for permits, certified copies of reports and other services provided by the VIFEMS; except that the Department of Justice, Office of the Public Defender, Police Department or any Court of the Virgin Islands shall not be charged a fee for certified copies of reports. These regulations, after being approved by the Governor and published, shall have the force and effect of law. History: Amended Oct. 20, 1981, No. 4610, § 1, Sess. L. 1981, p. 243; Oct. 31, 1998, No. 6269, § 22(a), Sess. L. 1998, p. 454; Dec. 1, 2001, No. 6479, § 28(e), Sess. L. 2001, p. 333; amended Apr. 8, 2022, No. 8545, § 8(a)(2)(A), Sess. L. 2022, p. 67.

It shall be the duty of the Director or a qualified person designated by him to inspect for compliance with fire safety regulations all plans and specifications required to be submitted to the Commissioner of Public Works by Title 29, section 294(d)(8) and to certify his approval or disapproval thereof to the Commissioner of Public Works within ten days after receipt of same. In event of disapproval of such plans and specifications the Director shall specifically state the reasons therefor and describe changes which must be made in order to meet fire safety standards. History: Added Feb. 26, 1974, No. 3522, Sess. L. 1974, p. 22; amended Oct. 20, 1981, No. 4640, § 1, Sess. L. 1981, p. 243.

The Director, the Fire Chief, or any inspector thereof may, at all reasonable hours, enter any building or premises within his jurisdiction for the purpose of making any inspection or investigation which, under the provisions of this chapter, he may deem necessary to be made. The owner or occupant of the building shall, except in cases of an emergency, be notified that such an inspection will take place within a reasonable time previous to the time of inspection. History: Amended Oct. 20, 1981, No. 4610, § 1, Sess. L. 1981, p. 243; amended Apr. 8, 2022, No. 8545, § 8(a)(2)(B), Sess. L. 2022, p. 67.

(a) It shall be the duty of the Director to inspect, or cause to be inspected by fire service officers or members, all buildings and premises, except the interiors of private dwellings, as often as may be necessary for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, or any violations of the provisions or intent of this chapter and of any other law affecting the fire hazard to determine the load occupant factor, and to insure compliance in all places of assembly with all laws, regulations and orders dealing with overcrowding, use of decorative materials, maintenance of exit ways, and maintenance of fire alarm and fire detecting systems and fire extinguishing systems and appliances. (b) The Director shall inspect or cause to be inspected, as required by subsection (a) of this section, each hotel in the Virgin Islands not less than once each calendar year which inspection shall be conducted within 90 days preceding December 15. The Director shall certify that each hotel is in compliance with this chapter or assess penalties as provided for in section 610 of this title. (c) The Director shall inspect or cause to be inspected, as required by subsection (a) of this section, each orphanage, home for the elderly, hospital, school, college, living center for the handicapped, penal institution, half-way house, youth center, dance hall, community center, church, office building, and enclosed area for public assembly not less than once in each calendar year. Any such structure not found in compliance with this chapter shall be assessed penalties as provided by section 610 of this title. (d) The Director shall notify the owner or the lessee of a public building in writing of the building's occupant load factor, and not later than 90 days after the notification, the owner or the lessee shall post signage at the entrance of the building and in other conspicuous places stating the occupant load capacity of the building. Failure of an owner or lessee to post the occupant load factor signs subjects the owner or lessee to the penalties provided for in section 610 of this title. (e) As used in sections 603 and 605(c), "public building," "places of public assembly," and "enclosed areas for public assembly" mean any portion of any place in which the public is invited or permitted, regardless of whether that place is owned in whole or in part by, rented or leased by private persons, or entities, the Government of the Virgin Islands, agencies or instrumentalities of the Government of the Virgin Islands, regardless of whether a fee is charged for admission, to include, but is not limited to: the enclosed portions of restaurants and eat-in establishments; bars, taverns, clubs, lounges, and cabaret; resorts, guesthouses and inns; laundromats; malls, shopping centers, retail stores and service establishments; financial institutions; healthcare facilities; nursing homes; auditoriums; galleries; museums; arenas; theaters; bowling alleys; skating rinks and other indoor recreational facilities; hospices, and adult and child daycare facilities and other enclosed places of public assembly. (f) The Director shall inspect or cause to be inspected, as required by subsection (a) of this section, every commercial establishment in the Virgin Islands. No commercial establishment shall receive a business license unless that commercial establishment is in possession of a current certificate of inspection. Any commercial establishment found in violation of this subsection shall also be subject to a fine of not more than $500. (g) The Director shall impose a fee of $150 for each inspection performed under this section on commercial establishments provided that government facilities, educational facilities, youth centers, community centers, churches, non-profit centers for the handicapped, non-profit medical facilities, and non-profit organizations shall be exempt from the payment of a fee. (h) All monies collected pursuant to this section shall be deposited into the Virgin Islands Fire and Emergency Medical Services Fund established pursuant to title 33, chapter 111, section 3032, Virgin Islands Code. History: Added Oct. 20, 1981, No. 4640, §§ 1, 2, Sess. L. 1981, p. 243; amended Oct. 31, 1998, No. 6269, § 20, Sess. L. 1998, p. 453; Feb. 1, 2001, No. 6378, § 1, Sess. L. 2000, p. 375; Feb. 1, 2001, No. 6391, § 2(a) (5), Sess. L. 2000, p. 435; Apr. 7, 2010, No. 7161, § 17(a), (b), Sess. L. 2010, p. 51; Aug. 20, 2010, No. 7183, § 8(1), (2), Sess. L. 2010, p. 117; amended Jan. 21, 2016, No. 7813, § 1(a), (b), Sess. L. 2015, p. 215; amended May 3, 2016, No. 7873, § 9, Sess. L. 2016, p. 76; amended Apr. 8, 2022, No. 8545, § 8(a)(2)(B), Sess. L. 2022, p. 67.

Whenever the Director or any of the officers, members, or inspectors of the VIFEMS as mentioned in section 605 of this title shall find in any building or upon any premises dangerous or hazardous conditions as follows, the Director shall order such dangerous conditions or materials to be removed or remedied and/or the building or other structure to which such conditions relate to be vacated in such manner as may be specified by the Director: (1) dangerous or unlawful amounts of combustible or explosive matter; (2) hazardous conditions arising from defective or improperly installed equipment for handling or using combustible or explosive matter; (3) dangerous accumulations of rubbish, waste paper, boxes, shavings or other highly flammable materials; (4) accumulations of dust or waste material in air conditioning systems or of grease in kitchen exhaust ducts; (5) obstructions to or on fire escapes, stairs, passageways, doors or windows, liable to interfere with the operations of the VIFEMS or egress of occupants in case of fire; or (6) any building or other structure which, for want of repairs, lack of sufficient fire escapes or other exit facilities, automatic or other fire alarm apparatus or fire extinguishing equipment, or by reason of age or dilapidated condition, or from any other cause creates a fire hazard. History: Amended Oct. 20, 1981, No. 4640, § 1, Sess. L. 1981, p. 243; Dec. 27, 1983, No. 4886, § 1, Sess. L. 1983, p. 268; amended Apr. 8, 2022, No. 8545, § 8(a)(2)(A), Sess. L. 2022, p. 67.

(a) The service of the orders mentioned in section 606 of this title may be made upon the owner, occupant or other person responsible for the conditions, either by delivering a copy thereof personally or by delivering the copy to and leaving it with any person in charge of the premises, or in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of the said premises. Whenever it may be necessary to serve such an order upon the owner of premises, the order may be served either by delivering to and leaving with the owner a copy of the order, or, if the owner is absent from the jurisdiction of the officer making the order, by mailing the copy to the owner's last known post office address. (b) Within 24 hours after the service of an order under this section, the owner or occupant may appeal from the order to the Board of Building Appeals, which shall have jurisdiction to determine such appeal. (c) In the event that the Director shall pursuant to section 606, paragraph (6) of this chapter order the removal of a building or other structure, and the owner shall fail within the time stated in the order to comply, the Director may cause the building or other structure to be demolished and removed by the Government of the Virgin Islands. In such event the Director shall by certified mail, return receipt requested, demand that the owner pay within sixty days the reasonable costs of demolition and removal. If the costs assessed by the Director are not paid within the sixty-day period, the amount due shall be a lien in favor of the Government of the Virgin Islands upon the real property on which the building or other structure was located, and the amount due may be collected by seizure and sale of the property. History: Amended Dec. 30, 1976, No. 3926, § 1, Sess. L. 1976, p. 256; Oct. 20, 1981, No. 4640, § 1, Sess. L. 1981, p. 243.

(a) Permits required by the provisions of this chapter shall be obtained in writing from the Director. Permits shall be for such period as the Director may specify but not exceeding one year. They shall be kept on the premises designated therein and shall be subject to inspection by any officer of the fire or police services. (b) Before permits are issued the Director shall make or cause to be made such inspections or tests as are necessary to assure that the provisions of this chapter are complied with. (c) No permit required pursuant to the provisions of this chapter shall be issued for the location of hazardous chemicals or activities unless the permitted use is located beyond 1,000 feet of any nursery, elementary, or secondary school, playground, hospital, or senior citizens' residential center; Provided, however, That any gasoline or storage facility which had been in active operation prior to the enactment of Act 4886 shall not be affected. History: Amended Oct. 20, 1981, No. 4610, § 1, Sess. L. 1981, p. 243; Dec. 27, 1983, No. 4886, § 5, Sess. L. 1983, p. 270; Feb. 21, 1984, No. 4897, Sess. L. 1984, p. 31; amended Jan. 29, 2018, No. 8027, § 3, Sess. L. 2017, p. 122.

History: Repealed. Oct. 31, 1998, No. 6269, § 22(b)3., Sess. L. 1998, p. 455, as amended by Aug. 17, 1999, No. 6287, § 33, Sess. L. 1999, p. 65.

The storage, handling, and use of flammable or explosive substances and the use or occupancy of buildings or premises shall be in conformity with nationally recognized standard practice for the safeguarding to a reasonable degree of life and property from the hazards of fire or explosion. Compliance with the provisions of the National Fire Prevention Association Fire Prevention Code, 1999 Spring Meeting Edition and any subsequent Edition or future amendments of the Fire Prevention Code approved by the National Fire Prevention Association, shall be deemed to be prima facie evidence of compliance with nationally recognized standard practice for all matters not covered by this chapter. History: Amended July 30, 1976, No. 3861, Sess. L. 1976, p. 170; May 2, 2001, No. 6403, § 7(b), Sess. L. 2001, p. 23; Dec. 1, 2001, No. 6479, § 28(f), Sess. L. 2001, p. 333.

Whoever- (1) refuses to allow entry for the purpose of inspection under section 605 of this title or otherwise interferes by hindering such entry; or (2) fails to comply with an order under section 606 of this title within 5 days after the service of the order, or within 5 days after an appeal therefrom has been determined; or (3) violates any provision of this chapter or any regulation or order issued under this chapter, for which a penalty is not otherwise provided - shall be fined not more than $500 or imprisoned not more than one year, or both. Anyone who fails to comply with an order under section 612 of this title within 5 days after service of the order or within 5 days after an appeal therefrom has been determined shall be fined $200 a day or imprisoned not more than 90 days, or both. History: Amended Dec. 27, 1983, No. 4886, § 4, Sess. L. 1983, p. 270; Dec. 1, 2001, No. 6479, § 28(g), Sess. L. 2001, p. 333.

(a) Whenever the Director determines that a serious and immediate threat to the life of the occupants or residents of any building or other structure exists due to the presence at or near such building or structure of any of the conditions specified in section 606 of this subchapter, he may, prior to complying with the procedures pertaining to orders in sections 606 and 607 of this subchapter, petition any court of competent jurisdiction for an order declaring the existence of a serious and immediate threat to life and requiring immediate vacation of all occupants and residents from such building or structure. The court shall, not later than twenty-four hours from the receipt of such a petition, conduct a hearing on the matter and, if it determines that a serious and immediate threat to life exists, issue an order in accordance with the provisions of this subsection. Hearings conducted pursuant to this subsection may be held ex parte if the Director can demonstrate to the satisfaction of the court that he has made a reasonable effort to notify the owner, occupant or other person responsible for the condition of the building or structure of his intention to petition the court pursuant to this subsection. (b) As soon as practicable, but in no event later than forty-eight (48) hours after obtaining a court order pursuant to subsection (a) of this section, the Director shall issue and serve an order pursuant to the provisions of sections 606 and 607 of this subchapter which, if complied with, would eliminate the serious and immediate threat to the life of the occupants and residents of the building or structure which is the subject of the court order. (c) Court orders issued pursuant to the provisions of subsection (a) of this section shall remain in effect until the issuing court, upon the petition of the owner, occupant or other person responsible for the condition of the building or structure, proves that the serious and immediate threat to life has been eliminated. History: Added Dec. 27, 1983, No. 4886, § 2, Sess. L. 1983, p. 269.

The Director is authorized after determining that a threat to life exists to order the removal or have removed those hazards, such as gasoline tanks and other facilities for the storage of dangerous chemicals, but not limited to activities delineated in this chapter, which are located within 1,000 feet of any nursery, elementary, or secondary school, playground, hospital, or senior citizens' residential center. History: Added Dec. 27, 1983, No. 4886, § 3, Sess. L. 1983, p. 269; amended Dec. 1, 2001, No. 6479, § 28(h), Sess. L. 2001, p. 334; amended Jan. 29, 2018, No. 8027, § 3, Sess. L. 2017, p. 122.

(a) Notwithstanding any other law or regulation to the contrary and in conjunction with the establishment of the Arson Prevention and Investigation Unit, the Director of VIFEMS may reclassify designated employees of VIFEMS in accordance with the following schedule: (1) Fire Marshals shall be equivalent to Fire Captains; (2) Fire Inspectors shall be equivalent to Fire Lieutenants; (3) Deputy Inspectors I or Deputy Marshals I shall be equivalent to Fire Sergeants; (4) Deputy Inspectors II or Deputy Marshals II shall be equivalent to Fire Corporals; and (5) Deputy Inspectors III or Deputy Marshals III shall be equivalent to Fire Fighters. (b) The total number of reclassifications shall not exceed five reclassifications for each District. (c) Such reclassification shall not affect the classified service status of the employees so reclassified. (d) Any subsequent promotions within said Unit shall be accomplished in accordance with the normal competitive and promotion process and procedures of VIFEMS as if the reclassified employees were in competition for promotions from such employees' previously classified positions. History: Added Feb. 1, 1985, No. 5042, § 4, Sess. L. 1984, p. 467; amended Apr. 8, 2022, No. 8545, § 8(a) (2)(A), Sess. L. 2022, p. 67.

Bowling alleys shall conform to all other applicable requirements of this chapter, as well as the provisions of this subchapter.

A permit shall be required for the operation of any bowling alley.

Resurfacing operations shall not be carried on while the establishment is open for business. The Director shall be notified when alleys are to be resurfaced. Proper ventilation shall be provided. Heating, ventilating, or cooling systems employing recirculation of air shall not be operated during resurfacing operations or within one hour following the application of flammable finishes. All electric motors or other equipment in the area which might be a source of ignition shall be shut down, and all smoking and use of open flames shall be prohibited during the application of flammable finishes and for one hour thereafter. History: Amended Oct. 20, 1981, No. 4610, § 1, Sess. L. 1981, p. 243.

Pin refinishing involving the application of flammable finishes shall be done only in a special room meeting the requirements for a Type B inside storage or mixing room (for details see the Fire Prevention Code adopted by section 609 of this title); such room shall not be located below grade nor shall it have communication with any pits, wells, pockets or basements. Storage of flammable liquids in such rooms shall not exceed a combined aggregate of 60 gallons in original metal containers, or approved safety containers not exceeding 5 gallons individual capacity. A metal waste can with self-closing cover shall be provided for all waste materials and rags; contents shall be removed daily. Smoking shall be prohibited at all times in refinishing rooms.

This subchapter applies to the storage and handling of cellulose nitrate motion picture film, hereafter referred to as "nitrate film". Film having a cellulose acetate or other approved slow-burning base, marked safety film, is exempt from these provisions.

(a) No person shall store, keep or have on hand more than 25 pounds (for 35 mm. film about 5,000 feet) of nitrate motion picture film without a permit. (b) No person shall sell, lease or otherwise dispose of any nitrate motion picture film to any person not having a permit to handle, use or display such film.

(a) Two openings for each motion picture projector shall be provided; one for the projectionist's view (observation port) shall be not larger than 200 square inches, and the other through which the picture is projected (projection port) shall be not larger than 120 square inches. Where separate stereoption, spot or flood light machines are installed in the same enclosure with picture projectors not more than one opening for each such machine shall be provided for both the operator's view and for the projection of the light, but two or more machines may be operated through the same opening; such openings shall be as small as practicable and shall be capable of being protected by approved automatic shutters. (b) Each opening shall be provided with an approved gravity shutter. Shutters shall be of not less than 10- gauge iron or its equivalent, or of 1/4 inch hard asbestos board. Shutters shall be suspended, arranged and interconnected so that all shutters will close upon the operating of some suitable fusible or mechanical releasing device. Each shutter shall have a fusible link above it, and there shall also be one located over each upper projector magazine which, upon operating, will close all the shutters. There shall also be provided suitable means for manually closing all shutters simultaneously from any projector head and from a point within the projection room near each exit door. Shutters on openings not in use shall be kept closed. (c) All shelves, furniture and fixtures within the enclosure shall be constructed of noncombustible material, except that tables may be of wood construction with no member less than 1 1/2 inch in least dimension. No combustible material of any sort shall be permitted or allowed to be within such enclosure, except the films used in the operation of the projector, and film cement. (d) Ventilation shall be provided by one or more mechanical exhaust systems which shall draw air from each arc lamp housing and from one or more points near the ceiling. Systems shall exhaust to outdoors either directly or through a noncombustible flue used for no other purpose. Exhaust capacity shall be not less than 15 nor more than 50 cubic feet per minute for each arc lamp housing plus 200 cubic feet per minute for the room itself. Systems shall be controlled from within the enclosure and have pilot lights to indicate operation. The exhaust systems serving the projection room may be extended to cover rooms associated therewith such as rewind rooms. No dampers shall be installed in such exhaust systems. Ventilation of these rooms shall not be connected in any way with ventilating or air conditioning systems serving other portions of the building. (e) Exhaust ducts shall be of noncombustible material, and shall either be kept one inch from combustible material or covered with 1/2 inch of noncombustible heat insulating material.

(a) Rewinding of nitrate films shall be performed either in a special rewind room at an approved location, or in the projection room. An approved can for scrap film having a self-closing hinged cover shall be provided. (b) Nitrate film in any projection room or rewinding room shall be kept as follows: (1) Up to 40 pounds of film (8,000 feet of 35 mm. film) may be kept in I.C.C. shipping containers, or approved cabinet in each room. (2) If the amount of film on hand exceeds 40 pounds, an approved cabinet shall be provided, in which the amount of film in excess of 40 pounds shall be kept.

As used in this subchapter- "dry cleaning" means the process of removing dirt, grease, paints, and other stains from wearing apparel, textiles, fabrics, rugs, etc., by the use of nonaqueous liquid solvents, flammable or nonflammable, and it shall include the process of dyeing clothes or other fabrics or textiles in a solution of dye colors and nonaqueous liquid solvents; and "rated" as applied to solvents means classified as to fire hazard in accordance with Underwriters' Laboratories, Inc.'s Standard of Classification.

Dry cleaning systems shall be classified as follows: (1) Class I Systems shall be those utilizing solvents rated above 40. (Example-50 degree F. Flashpoint Naphtha.) (2) Class II Systems shall be those utilizing solvents rated 40 or below, but which do not comply with Class III or Class IV requirements. (Example-Standard Solvent.) (3) Class III Systems shall be those employing equipment listed by Underwriters' Laboratories, Inc., utilizing solvents having specified characteristics and rated at 25 or below. (Example-140 degree F. Flashpoint Solvent.) (4) Class IV Systems shall be those utilizing solvents rated as nonflammable, or as nonflammable at ordinary temperatures and only moderately flammable at higher temperatures, rated not over 5. (Examples-Carbon Tetrachloride and Perchlorethylene.)

(a) No person shall engage in the business of dry cleaning without a permit which shall prescribe the location and the class of system to be used. (b) No change shall be made in the solvent used in the equipment to a solvent in a more hazardous (lower) class unless permission for such change has first been obtained from the Director. History: Amended Oct. 20, 1981, No. 4610, § 1, Sess. L. 1981, p. 243.

Class I systems shall conform to nationally recognized standard practice as specified in section 609 of this title.

(a) Class II systems shall be located in buildings having walls of masonry or noncombustible construction and wall finish shall be plain or plastered without furring or concealed spaces. Floors shall be of fire- resistive construction and without pits, wells or pockets; and where located over a basement, floor shall be vapor- and liquid-tight. Roof and floors above grade floor, if of combustible construction, shall have the ceilings over the dry cleaning areas protected by cement or gypsum plaster on metal lath or equivalent construction. Dry cleaning buildings shall not be closer than 10 feet to the line of adjoining property, except that if exposing walls are equivalent to 12-inch brick construction without openings the building may be located on the property line. (b) Dry cleaning operations shall be restricted to the first floor above grade and shall not be located on any floor below grade nor in the same building with other occupancies. Operations incidental to the dry cleaning business such as laundering, pressing, and ironing, may be in a communicating building or located on the same floor with the dry cleaning plant, provided the dry cleaning operations are separated therefrom by partitions having a fire-resistance rating of not less than two hours and communicating openings are protected by fire doors approved for such openings. (c) Door openings on stairs or elevators leading from a dry cleaning area to a basement, or opening into a room having openings or stairs to basements, shall be provided with noncombustible sills or ramps raised at least 6 inches. Approved self-closing fire doors shall be provided at such openings. Enclosures shall be of construction equivalent to the floor construction but having a fire-resistance rating of not less than one hour.

Class III systems, if located in the same building with other occupancies, shall be separated from the remainder of the building vertically and horizontally by construction having a fire-resistance rating of not less than one hour with openings protected by approved fire doors, except that such separation shall not be required for operations incidental to or in connection with the dry cleaning business, such as laundering, scouring, scrubbing, drying, pressing or ironing, and the requirement for such separation may be waived at the discretion of the Director based upon consideration of such factors as type of building construction, nature of occupancy, storage and operating capacity of the system and extent of private fire protection provided. History: Amended Oct. 20, 1981, No. 4610, § 1, Sess. L. 1981, p. 243.

Class IV systems shall be subject to the requirement for permit in section 683 of this title, but shall be exempt from all other provisions of this subchapter.

Rooms in which articles are hung up to dry after cleaning shall be separated from dry cleaning rooms by partitions having a fire-resistance rating of not less than two hours if Class II system solvents are used, and not less than one hour if Class III system solvents are used. Entrances to dry rooms shall be provided with approved, self-closing fire doors. Ventilation of drying rooms shall conform to the requirements for ventilation of dry cleaning rooms and the provisions for fire extinguishing equipment shall be complied with. If the drying room is in a separate building, it shall conform in construction and equipment to all requirements for dry cleaning buildings.

(a) Where Class II systems are used, heating shall be by steam or hot water only. Steam and hot water pipes and radiators for heating and drying purposes shall be at least one inch from all woodwork and shall be protected by substantial metal screens arranged so as to prevent combustible goods or materials from coming in contact with pipes and radiators. (b) Boilers shall be located in a detached building or in a boiler room cut off from the dry cleaning room. For Class II systems this cut-off shall be by a fire wall without openings. Openings into such boiler rooms shall be at least 10 feet from any exterior openings into the cleaning room. For Class III systems this cut-off shall be by a fire partition without openings, having a fire-resistance rating of not less than two hours.

(a) Where Class II systems are used all electrical equipment in dry cleaning rooms or other sections subject to flammable vapors shall be of a type approved for Class I, Division 1 hazardous locations, except that electrical equipment located 8 feet or more above the floor may be of the type approved for Class I, Division 2 hazardous locations under the National Electrical Code. (b) Where Class III systems are used, electrical equipment for light and power shall be installed in a safe manner. Compliance with the applicable provisions for ordinary locations of the Standards of the National Board of Fire Underwriters known as the "National Electrical Code" shall be deemed prima facie evidence of compliance with this subsection.

A mechanical system of ventilation shall be provided in the dry cleaning rooms of plants employing Class II systems, of sufficient capacity to insure complete and continuous change of air once every 6 minutes, and shall be provided with means of remote control.

(a) Aboveground containers comprising purifiers, clarifiers, and filters, in Class II systems shall not exceed 350 gallons individual capacity. Solvent storage tanks or Class II and Class III systems may be inside of buildings if individual capacity of tanks does not exceed 275 gallons and the aggregate capacity of storage tanks does not exceed 550 gallons. Quantities of solvents for Class II and Class III systems in excess of the above shall be in accordance with subchapter VIII of this chapter. (b) The handling of solvents from storage tanks through the various machines and back to the settling and clear solvent tanks shall be through closed circuits of piping. Pumps shall be of positive displacement type and shall have a by-pass and relief valve. (c) Sight glasses, the breakage of which would permit the escape of liquids, shall be of a type not readily damaged by heat and shall be reliably protected against physical damage. (d) Liquid level gauge glasses in Class II systems shall be equipped with an automatic device which will immediately shut off the flow of solvent if the glass is broken. These liquid level gauge glasses shall also be guarded against physical damage. (e) When underground treating and settling tanks are used a separate suction and discharge connection shall be provided to the pump for removal of sludge. The suction pipe shall be carried to the tank bottom, and the discharge connection to a suitable container. (f) All piping shall be tested to a pressure of at least fifty percent in excess of normal operating pressure and proved tight and protected against physical damage.

The cylinders and shells of all washing machines, drying tumblers, outside shell of extractors and all aboveground containers shall be permanently and effectively grounded. In plants employing Class II systems, all pulleys and belting in the dry cleaning room shall have grounded collectors or other suitable devices for the removal of static electricity.

(a) The brushing (prespotting) table shall have a liquid-tight top with a curb on all sides not less than 1 inch high. The top of the table shall be pitched so as to insure thorough draining to a 1 1/2-inch drain connected to a suitable container especially provided and marked for that purpose. (b) All scouring or brushing and spotting (prespotting) operations utilizing solvents rated higher than the solvent used in the plant dry cleaning machines shall be limited to one gallon and dispensed from approved safety cans. Additional storage shall be in approved safety cans of not over one gallon capacity or in unopened shipping containers. (c) Scouring or brushing operations utilizing in excess of one gallon of solvent shall be conducted only in a room or building conforming to all the requirements for a dry cleaning system utilizing the same type of solvent. (d) The total amount of solvent rated higher than 25 used on scouring or brushing tables or in scrubbing tubs, in accordance with subsection (c) of this section, shall not exceed 3 gallons. The scouring or brushing table or scrubbing tub shall be so located as to ensure thorough and effective disposal of vapors through the ventilating system. Scrubbing tubs shall be used only for articles, the character of which prevents their washing in the usual washing machines. Scrubbing tubs shall be secured to the floor and shall be provided with permanent 1 1/2-inch trapped drains to a suitable container specially provided and marked for that purpose.

Adequate first aid fire appliances of a type suitable for fighting fires involving flammable liquids shall be provided in all dry cleaning plants; at least one extinguisher shall be provided at each entrance to every room or area where flammable liquids are stored or used.

Smoking in plants employing Class II or Class III systems, except in smoking rooms so designated, shall be strictly prohibited and "No Smoking" signs shall be posted.

As used in this subchapter: (1) "Explosive" means blasting powder, nitroglycerin, dynamite, TNT and any other form of high explosive, blasting material, fuse other than an electric circuit breaker, detonator and other detonating agent, a chemical compound or mechanical mixture containing oxidizing or combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, friction, concussion or other means of detonation of the compound or mixture or any part thereof may result in the sudden generation and release of highly heated gases or gaseous pressures capable of producing effects damaging or detrimental to or destructive of life, limb or property. An explosive does not include gasoline, kerosene, naphtha, turpentine, butane, propane, wet nitrocellulose or wet nitrostarch containing moisture in excess of 20%, or wet picric acid containing moisture in excess of 10%; or manufactured articles such as fixed ammunition for small arms, fire crackers, safety flares or matches containing an explosive in such limited quantity that the collective and simultaneous detonation thereof is incapable of resulting in the sudden generation and release of highly heated gases or gaseous pressures capable of producing effects damaging or detrimental to or destructive of life, limb or property. (2) "Dealer" means a person, not a manufacturer, engaged in the business of buying and selling explosives. (3) "Person" means an individual, firm, partnership, corporation, association or other legal entity but does not include an officer of a law enforcement agency or of a fire department, while acting in his official capacity. (4) "Director" means the Director of the Virgin Islands Fire Service. (5) "Issuing officer" means an officer or employee of the U.S. Virgin Islands Police Department (V.I.P.D.) designated by the Director. History: Amended Feb. 19, 1971, No. 2946, Sess. L. 1971, p. 9; Oct. 20, 1981, No. 4640, § 1, Sess. L. 1981, p. 243; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

(a) A person shall not handle, store, control, use, sell, purchase, transfer, transport or otherwise dispose of an explosive unless he has applied for, obtained and has on his person a valid permit as prescribed by this chapter, except that: (1) This section does not apply to an employee, or agent other than an independent contractor, acting in the scope and course of his employment or agency and under the supervision of his employer or principal where the employer or principal has applied for and obtained a valid permit. (2) A person need not have the permit on his person where he is only storing explosives. (b) A permit may be issued by an issuing officer upon the completion in writing by the applicant on forms prescribed and provided by the Director, of an application, the content of which shall at least include the (a) name, (b) address, (c) date of birth, (d) social security number, (e) signature of the applicant, and (f) fingerprints of applicant. The applicant shall also indicate in writing the intended use of the explosive for which the permit is to be issued, and whether he has been convicted of a felony within 5 years. (c) A permit shall not be issued to an applicant who has not, on or before the date of application, attained the age of 18 years or who has been duly adjudged insane, unless subsequently restored by court order to full mental competency and capacity. (d) A permit shall be issued in triplicate; the original shall be forwarded to the Director, a copy shall be furnished to the applicant on the same day as the application is filed and approved and a copy shall remain on file with the issuing officer. Unless subsequently revoked, a permit is valid for 1 year after the date of issuance; or for such shorter term as may be deemed appropriate by the Director in the public interest. (e) [Repealed.] History: Amended Feb. 19, 1971, No. 2946, Sess. L. 1971, p. 10; Oct. 20, 1981, No. 4640, § 1, Sess. L. 1981, p. 243; May 14, 1985, No. 5060, § 305, Sess. L. 1985, p. 47; Oct. 31, 1998, No. 6269, § 22(b)1., Sess. L. 1998, p. 455.

(a) A permit may be refused to an applicant where the issuing officer has reasonable cause to believe that granting the permit would constitute a substantial and immediate danger to the public health, safety and welfare. Notice of refusal to issue a permit shall be given the applicant within three (3) days from the date his application is made. Within 3 days thereafter, the issuing officer shall send to the applicant, by certified mail, a copy of the notice of refusal together with a statement in writing of the reason for the refusal. (b) Within 15 days after the notice of refusal, the applicant may request, in writing on a form prescribed and provided by the Director, a review of the refusal by the Director. Within 30 days after receipt by the Director of the application for review, he, or his duly authorized representative shall conduct a hearing on the refusal and shall issue an order of determination on the review. The Director shall send, by certified mail, to the applicant and to the issuing officer, a copy of his order of determination. The Director's order of determination shall be reviewable, upon timely appeal, by the District Court. (c) An issuing officer may revoke a permit when he has reasonable cause to believe that its possession by the holder constitutes a substantial and immediate danger to the public health, safety and welfare. The procedures set forth in this chapter applicable to the refusal of issuance of a permit shall apply to revocation. (d) The Director may in his discretion issue a permanent permit to persons of known moral character, who have constant legitimate use of explosives. History: Amended Feb. 19, 1971, No. 2946, Sess. L. 1971, p. 10; Oct. 20, 1981, No. 4640, § 1, Sess. L. 1981, p. 243.

(a) A dealer shall keep and maintain such records on such forms as are prescribed and provided by the Director, which records shall include (1) an amount of each sale, transfer or other disposition of explosives by him, (2) the date thereof, the name, age, address and permit number of the purchaser or transferee, and (3) the amount and type of explosive sold or transferred. The records shall be forwarded to the Director on the last day of each month. (b) A dealer or person shall not sell or otherwise transfer an explosive without first ascertaining that the purchaser or transferee has on his person and displays a valid permit. All explosives shall be marked or numbered as prescribed by the Director so that they may be readily identified. (c) A person holding a valid permit shall not assign or transfer it to any other person. History: Amended Feb. 19, 1971, No. 2946, Sess. L. 1971, p. 11; Oct. 20, 1981, No. 4640, § 1, Sess. L. 1981, p. 243.

(a) All storage of explosives shall be in approved explosives magazines located at distances from neighboring buildings and highways in conformity with the American Table of Distances for Storage of Explosives. (b) When explosives in excess of immediate requirements are removed from a magazine and delivered in the vicinity of a blasting operation they shall be kept in a portable magazine consisting of either a stout tight box covered with not less than 24-gauge sheet iron and equipped with a hinged lid or in a small portable building similarly covered. Such portable magazine shall be painted red and conspicuously marked "Explosives - Dangerous", in white block letters not less than 3 inches in height. Portable magazines as described in this subsection shall be locked and located as required by the Director. History: Amended Feb. 19, 1971, No. 2946, Sess. L. 1971, p. 11; Oct. 20, 1981, No. 4640, § 1, Sess. L. 1981, p. 243.

(a) Blasting caps, or detonators, shall not be transported over the highways of the Virgin Islands on the same vehicles with explosives. (b) Vehicles used for the transportation of explosives shall be strong enough to carry the load without difficulty, and shall be in good mechanical condition. If vehicles do not have a closed body, the body shall be covered with a tarpaulin or other effective protection against moisture and sparks. Such vehicles shall have tight floors and shall have a lining of wood or other nonsparking material which shall cover any projections or metal which might come into contact with packages of explosives. (c) Every vehicle while carrying explosives shall have its headlights lit and shall have painted on both sides and read, in letters at least four inches high, in contrasting colors, the word "Explosives", or in lieu thereof shall display, in such manner that it shall be visible from all directions, a red flag with the word "Explosives", printed, stamped or sewed thereon in white letters at least six inches high. (d) No metal, metal tools, oils, matches, firearms, electric storage batteries, flammable substances, acids, oxidizing or corrosive compounds shall be carried in the bed or body of any vehicle transporting explosives. (e) Any person desiring to transport explosives on the public highways shall notify the Director in writing in advance thereof, designating the date, time and route to be followed. History: Added Feb. 19, 1971, No. 2946, Sess. L. 1971, p. 12; amended Oct. 20, 1981, No. 4640, § 1, Sess. L. 1981, p. 243.

(a) At least 24 hours in advance of blasting, the blaster shall give written notice specifying the location and intended time of blasting to appropriate representatives of the gas, electric, water, fire alarm, telephone, telegraph, and steam utilities which operate within the Virgin Islands. In an emergency the Director may waive the time limit and allow verbal instead of written notice to be given. (b) Due precautions shall be taken to avoid accidental discharge of electric blasting caps by radio transmitters or other source of extraneous electricity. (c) No person shall handle an explosive while under the influence of intoxicating liquor or narcotics. History: Added Feb. 19, 1971, No. 2946, Sess. L. 1971, p. 13; amended Oct. 20, 1981, No. 4640, § 1, Sess. L. 1981, p. 243.

A person who violates any provision of this act is guilty of a misdemeanor and shall be fined not more than $500 or imprisoned for not more than 1 year, or both; Provided, That any person found in possession of explosives without a proper permit shall be guilty of a felony and shall be fined not more than $5,000 or imprisoned for not more than 10 years, or both. History: Added Feb. 19, 1971, No. 2946, Sess. L. 1971, p. 13.

This chapter is in addition to any other requirements of local or federal law regulating the possession, handling, storage, control, use, sale, purchase, transfer, transportation or other disposition of explosives. History: Added Feb. 19, 1971, No. 2946, Sess. L. 1971, p. 13.

"Fireworks" shall mean and include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, Daygo bombs, sparklers, or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance, except that the term "fireworks" shall not include paper caps containing not in excess of an average of twenty-five hundredths of a grain of explosive content per cap, and toy pistols, toy canes, toy guns or other devices for use of such caps, the sale and use of which shall be permitted at all times.

(a) The manufacture of fireworks is prohibited within the Virgin Islands. (b) Except as hereinafter provided it shall be unlawful for any person to offer for sale, expose for sale, sell at retail, or use or explode any fireworks. The Commissioner may adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by the government of the Virgin Islands, fair associations, amusement parks, and other organizations or groups of individuals. Every such display shall be handled by a competent operator approved by the Commissioner, and shall be of such a character, and so located, discharged or fired as in the opinion of the Commissioner, after proper inspection, shall not be hazardous to property or endanger any person. (c) Application for permits shall be made in writing at least three days in advance of the date of the display. After such privilege shall have been granted, sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable. History: Amended Oct. 20, 1981, No. 4610, § 1, Sess. L. 1981, p. 243.

Nothing in this subchapter shall be construed to prohibit any resident wholesaler, dealer, or jobber to sell at wholesale such fireworks as are not herein prohibited; or the sale of any kind of fireworks provided the same are to be shipped directly out of the Virgin Islands; or the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theatre, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations.

The Director shall survey each mercantile and manufacturing establishment, school, place of assembly, hospital, place of detention, hotel and multi-family house, and shall specify suitable fire detecting devices or extinguishing appliances which shall be provided, in or near boiler rooms, kitchens of restaurants, clubs and like establishments, storage rooms involving considerable combustible material, rooms in which hazardous manufacturing processes are involved, garage sections, and other places of a generally hazardous nature. Such devices or appliances may consist of automatic fire alarm systems, automatic sprinkler or water spray systems, standpipe and hose, fixed or portable fire extinguishers of a type suitable for the probable class of fire, or suitable asbestos blankets manual or automatic covers, or carbon dioxide or other inert gas extinguishing systems. In specially hazardous processes or storages, appliances of more than one type or special systems may be required. History: Amended Oct. 20, 1981, No. 4610, § 1, Sess. L. 1981, p. 243.

Sprinkler systems, standpipe systems, fire alarm systems, and other fire protective or extinguishing systems or appliances which have been installed in compliance with any permit or order or because of any law or ordinance, shall be maintained in operative condition at all times, and it shall be unlawful for any owner or occupant to reduce the effectiveness of the protection so required; except this shall not prohibit the owner or occupant from temporarily reducing or discontinuing the protection where necessary to make tests, repairs, alterations or additions. The Commissioner shall be notified before such tests, repairs, alterations or additions are started unless the work is to be continuous until completion. History: Amended Oct. 20, 1981, No. 4610, § 1, Sess. L. 1981, p. 243.

This subchapter shall apply to the storage, handling and use of flammable liquids as hereinafter defined; except that it shall not apply to the transportation of flammable liquids when in conformity with Interstate Commerce Commission regulations, or regulations lawfully on file with and approved by the Interstate Commerce Commission.

As used in this subchapter, "flammable liquid" means any liquid having a flash point below 200 degree F. and having a vapor pressure not exceeding 40 pounds per square inch (absolute). Flammable liquids shall be divided into three classes as follows: Class I shall include those having flash points at or below 20 degree F. Class II shall include those having flash points above 20 degree F. but at or below 70 degree F. Class III shall include those having flash points above 70 degree F. When artificially heated to temperatures equal to or higher than their flash points, Class II and III liquids shall be subject to the applicable requirements for Classes I or II liquids. The provisions in this subchapter shall also be applied to high flash point liquids which otherwise would be outside of its scope when they are so heated. Representative examples of flammable liquids by classes are: Class I Class II Class III Acetone Amyl Acetate Amyl Alcohol Benzol (Commercial grade) Fuel Oil Collodion Ethyl Acetate Kerosene Ether Ethyl Alcohol Stoddard Solvent Gasoline Methyl Alcohol Turpentine. Methyl Acetate Toluol Naphtha Pyridine Class I Class II Class III Acetone Amyl Acetate Amyl Alcohol Benzol (Commercial grade) Fuel Oil Collodion Ethyl Acetate Kerosene Ether Ethyl Alcohol Stoddard Solvent Gasoline Methyl Alcohol Turpentine. Methyl Acetate Toluol Naphtha Pyridine

A permit shall be obtained for any of the following: (1) Storage, handling, or use of Class I or Class II flammable liquids in excess of 1 gallon in a dwelling or other place of human habitation; or in excess of 6 gallons in any other building or other occupancy; or in excess of 10 gallons outside of any building; except that no permit shall be required for- (A) the storage or use of flammable liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant, or mobile heating plant; or (B) the storage or use of paints, oils, varnishes, or similar flammable mixtures when such liquids are stored for maintenance, painting, or similar purposes for a period of not more than 30 days. (2) Storage, handling, or use of Class III flammable liquids in excess of 25 gallons in a building; or in excess of 60 gallons outside of a building. (3) For the manufacture, processing, blending, or refining of flammable liquids. (4) For the storage of flammable liquids in stationary tanks.

(a) The storage of Class I and Class II flammable liquids in aboveground tanks outside of buildings is prohibited within any town limits of the Virgin Islands. (b) Location of an aboveground tank for storage of flammable liquids with respect to distance from the nearest line of adjoining property which may be built upon, shall be such that the distance between any part of the tank and the line shall be not less than that set forth in Table 774. TABLE 774 MINIMUM DISTANCE OF OUTSIDE ABOVEGROUND TANKS FOR FLAMMABLE LIQUIDS OTHER THAN CRUDE PETROLEUM TO LINE OF ADJOINING PROPERTY WHICH MAY BE BUILT UPON Capacity of Tank Class of Flammable Liquid Minimum Distance 0 to 275 gals. III 0 feet 276 to 750 gals. III 5 feet 0 to 750 gals. I and II 10 feet 751 to 12,000 gals. III 10 feet 751 to 12,000 gals. I and II 15 feet 12,001 to 24,000 gals. I, II, and III 15 feet 24,001 to 30,000 gals. I, II, and III 20 feet 30,001 to 50,000 gals. I, II, and III 25 feet (c) The location of a tank for the storage of any flammable liquid with respect to any such other tank shall be such that the distance between them shall be not less than 3 feet. (d) For tanks above 50,000 gallons individual capacity storing any flammable liquid, except crude petroleum in producing areas, the distance between tanks shall be not less than one-half the diameter of the smaller tank. (e) Where liquefied petroleum gas containers are located in the area of flammable liquid tanks or containers, the minimum separation shall be 20 feet and the minimum separation between a container and the center line of the dike shall be 10 feet. Suitable means shall be taken to prevent the accumulation of flammable liquids under adjacent liquefied petroleum gas containers such as by diking, diversion curbs, or grading. Where dikes are used with flammable liquid tanks, no liquefied petroleum gas container shall be located within the dike. (f) Tanks shall rest directly on the ground or on foundations or supports of concrete, masonry, piling, or steel. Exposed piling or steel supports shall be protected by fire-resistive materials to provide a fire- resistance rating of not less than two hours. (g) Each connection to an aboveground tank storing flammable liquids located below normal liquid level, shall be provided with an internal external control valve located as close as practicable to the shell of the tank. Except for flammable liquids whose chemical characteristics are incompatible with steel, such valves, when external, and their connection to the tank shall be of steel.

(a) Individual tanks or groups of tanks, where deemed necessary by the Commissioner on account of proximity to waterways, character of topography, or nearness to structures of high value, or to places of habitation or assembly, shall be diked or the yard shall be provided with a curb or other suitable means taken to prevent the spread of liquid onto other property or waterways. Where a dike enclosure is required under this section, it shall have a net capacity not less than that of the largest tank, plus 10 percent of the aggregate capacity of all other tanks served by the enclosure. Dike construction (b) Except where protection is provided by natural topography, dikes or retaining walls required under the foregoing section shall be of earth, concrete or solid masonry designed to be liquid tight and to withstand a full hydraulic head, and so constructed as to provide the required protection. Earthen dikes 3 feet or more in height shall have a flat section at the top not less than 2 feet wide. The slope shall be consistent with the angle of repose of the material of which the dikes are constructed. Drainage (c) Where provision is made for draining rain water from diked areas, such drains shall normally be kept closed and shall be so designed that when in use, they will not permit flammable liquids to enter natural watercourses, public sewers, or public drains, if their presence would constitute a hazard. History: Amended Oct. 20, 1981, No. 4610, § 1, Sess. L. 1981, p. 243.

(a) An underground tank for Class I or Class II flammable liquids shall be located not less than the distance indicated in Table 776, measured horizontally from the nearest point of the shell to the nearest line of adjoining property that may be built upon and the nearest outside wall of any basement or pit, of which the floor is lower in elevation than the top of such tank. Where such location causes unnecessary hardship, an underground tank may be placed closer than the distance specified if enclosed, encased or otherwise protected from physical damage. Table 776 MINIMUM DISTANCE FROM UNDERGROUND TANKS FOR CLASS I OR II FLAMMABLE LIQUIDS TO BASEMENTS OR TO LINE OF ADJOINING PROPERTY THAT MAY BE BUILT UPON Individual Tank Capacity Class I and II Location if top of tank is above the lowest floor, basement, or part of any building which is not less than: 500 Gallons 5 feet away 5,000 Gallons 10 feet away 10,000 Gallons 15 feet away 15,000 Gallons 20 feet away Unlimited 25 feet away Depth and cover (b) Underground tanks shall be set on firm foundation and surrounded with soft earth or sand well-tamped in place. Tanks shall be covered with a minimum of 2 feet of earth, or shall be covered with not less than one foot of earth on top of which shall be placed a slab of reinforced concrete not less than four inches thick. When subjected to traffic or likely to be so subjected in the future, tanks shall be protected against damage from vehicles passing over them by at least 3 feet of earth cover, or 18 inches of well-tamped earth plus either 8 inches of asphaltic concrete or 6 inches of reinforced concrete. When asphaltic or reinforced concrete paving is used as part of the protection it must extend at least 1 foot horizontally beyond the outline of the tank in all directions.

Tanks for storage of Class I and II flammable liquids shall not be installed inside buildings except under special conditions as covered by nationally recognized standard practice as specified in section 609 of this title.

(a) Unenclosed tanks shall not be located within 5 feet, horizontally, of any fire or flame. (b) Tanks larger than 60 gallons capacity shall not be located in buildings above the lowest story, cellar or basement, except in commercial, industrial or processing plants where storage on a higher floor is required by the process. (c) Tanks exceeding 275 gallons individual capacity or 1,100 gallons aggregate capacity in an individual building or in a section of a building separated by firewall shall be installed in an enclosure constructed as follows: The walls of the enclosure shall be constructed of solid masonry units or poured concrete construction having a fire-resistance rating of not less than three hours. Such enclosures shall be installed only on concrete or other fire-resistive floors and shall be bonded to the floors. Enclosures shall have tops of reinforced concrete at least 5 inches thick or equivalent fire-resistive construction, except that where floor or roof construction above the enclosure is concrete or other fire-resistive construction, the walls may be extended to and bonded to the underside of the construction above in lieu of the provision of a separate top. Any openings to such enclosures shall be provided with fire doors or other approved closures and six- inch noncombustible liquid-tight sills or ramps. Provision shall be made for adequate ventilation of such enclosures prior to entering for inspection or repairs on tanks. (d) Inside storage tanks shall be securely supported to prevent settling, sliding or lifting.

Tanks shall be designed and constructed to withstand safely the service to which subjected. Material other than steel, if used, shall be of suitable durability and of thicknesses providing equivalent strength to that provided by steel. Steel commonly known as "mill seconds" shall not be used.

(a) Tanks shall have normal venting capacity sufficient to permit the filling and emptying of such tanks, plus their breathing due to temperature changes, without distortion of tank shell or roof. Tanks storing Class I and Class II flammable liquids shall be equipped where practical with either venting devices which shall be normally closed when not under pressure or vacuum, or with approved flame arresters, except that tanks under 2,500 gallons capacity for Class I liquids may have open vents. Vents for emergency relief (b) In addition to the provisions for normal venting herein required, every aboveground storage tank shall have some form of construction or device that will relieve excessive internal pressure, caused by exposure fires, that might cause the rupture of the tank shell or bottom. In a vertical tank, this construction may take the form of a weakened seam in the roof. Where entire dependence for such additional relief is placed upon some device other than a weak roof seam or joint, the total venting capacity of both normal and emergency vents shall be enough to prevent rupture of the shell or bottom of the tank if vertical, or of the shell or heads if horizontal. Such device may be a self-closing manhole cover, or one using long bolts that permits the cover to lift under internal pressure, or an additional or larger relief valve or valves.

Arrangement of Vents, Class I Or II (a) Vent pipes from tanks storing Class I or Class II flammable liquid shall be so located that the discharge point is outside of buildings, higher than the fill pipe opening, and not less than 12 feet above the adjacent ground level. Vent pipes shall discharge only upward or horizontally (not downward) in order to disperse vapors. Vent pipes 2 inches or less in nominal inside diameter shall not be obstructed by devices that will reduce their capacity and thus cause excessive back pressure. Vent pipe outlets shall be so located that flammable vapors will not enter building openings, or be trapped under eaves or other obstructions. If the vent pipe is less than 10 feet in length or greater than 2 inches in nominal inside diameter, the outlet shall be provided with a vacuum and pressure relief device or there shall be an approved flame arrester located in the vent line at the outlet or within the approved distance from the outlet. In no case shall a flame arrester be located more than 15 feet from the outlet end of the vent line. Location and arrangement of vents, Class III (b) Vent pipes from tanks storing Class III flammable liquids shall terminate outside of building and higher than the fill pipe opening. Vent outlets may be fitted with return bends, coarse screens or other devices to minimize ingress of foreign material. Size of vents (c) Each tank shall be vented through piping adequate in size to prevent blow-back of vapor or liquid at the fill opening while tank is being filled. Vent pipes shall be not less than 1 1/4 inches nominal inside diameter. Vent piping (d) Vent pipes shall be so laid as to drain toward the tank without sags or traps in which liquid can collect. They shall be located so that they will not be subjected to physical damage above ground. Vent pipes from tanks storing the same class of flammable liquids may be connected into one outlet pipe. The outlet pipe shall at least be one pipe-size larger than the largest individual vent pipe connected thereto. In no case shall the point of connection between vent lines be lower than the top of any fill-pipe opening. The lower end of a vent pipe shall enter the tank through the top and shall not extend into the tank more than 1 inch.

Fill and Discharge Piping (a) Filling and discharge lines for Class I and Class II liquids, and for Class III liquids where practicable, shall enter tanks only through the top and shall be graded toward the tank. Fill openings (b) The fill-pipe opening shall be located outside of any building. For Class I or II flammable liquids storage the fill-pipe opening shall be not less than 5 feet from any door or cellar opening. For Class III flammable liquid storage the fill-pipe opening shall be not less than 2 feet from any building opening at the same or lower level. The fill-pipe opening shall be closed and liquid tight when not in use. Fill-pipe for filling by tank car or tank truck shall be not larger than 4 inches nominal inside diameter and shall be not constricted. Fill-pipe openings shall be identified by a definite color scheme or other means. Gauge openings (c) Gauge openings, if independent of fill-pipe, shall be provided with liquid-tight cap or cover. Where Class I or Class II liquids are stored within a building, such gauge opening shall be protected against vapor release or liquid overflow by means of a spring-loaded check valve or other approved device. Drainage of tanks in buildings (d) Inside storage tanks for Class III flammable liquids shall be provided with draw-off or drain openings. Tanks shall be installed so that the bottom pitches to the draw-off or drain openings at a slope of not less than 1/4 inch per foot of length. The draw-off or drain opening shall be provided with suitable connection to provide a sump from which water or sediment can be drained readily.

(a) Piping, valves, and fittings for flammable liquids shall be designed for the working pressures and structural stresses to which they may be subjected. (b) Pipe systems shall be substantially supported and protected against physical damage and excessive stresses arising from settlement, vibration, expansion or contraction. (c) Pipe systems shall contain a sufficient number of valves to operate the system properly and to protect the plant. Pipe systems in connection with pumps shall contain a sufficient number of valves properly to control the flow of liquid in normal operation and the event of physical damage. Connections to pipe lines, by which equipment such as tank cars or tank vehicles discharge flammable liquids by means of centrifugal pumps into aboveground storage tanks, shall be provided with check valves for automatic protection against back-flow.

(a) Class I and Class II flammable liquids shall be transferred from underground tanks by means of fixed pumps so designed and equipped as to allow control of the flow and to prevent leakage or accidental discharge. Supplemental means shall be provided outside of the dispensing device whereby the source of power may be readily disconnected in the event of fire or other accident. Dispensing devices for Class I or Class II flammable liquids shall be of approved type. Devices meeting the standards of the Underwriters' Laboratories, Inc., shall be deemed to be in compliance with the section. Class I or Class II flammable liquids shall not be dispensed by pressure or gravity from drums, barrels, and similar containers. Gear pumps or similar positive displacement devices taking suction through the top of the container shall be used. Class I and Class II flammable liquids shall not be dispensed by a device that operates through pressure within a storage tank, unless the tank has been approved as a pressure vessel for the use to which it is subjected. In no case shall air or gas pressure be used for this purpose. Automatic dispensing devices (b) (1) The installation and use of coin-operated dispensing devices for Class I flammable liquids is prohibited. The dispensing of Class I flammable liquids into the fuel tank of a vehicle or into a container shall at all times be under the control of a competent person. The use of any device which permits the dispensing of Class I flammable liquids when the hand of the operator of the discharging nozzle is removed from the nozzle control lever is hereby forbidden except when using an automatic nozzle as provided in paragraph paragraph (2) subsection. (2) Automatic Hose Nozzle Valves with Latch-Open Devices. In lieu of being held open by hand, an approved automatic nozzle may be used for dispensing Class I flammable liquid into the fuel tank of a vehicle. Such a nozzle shall have the latch-open device as an integral part of the assembly and shall shut-off the liquid reliably and positively when the gasoline tank is filled, when it falls from the filling neck of an automobile tank, when it is subject to rough usage such as dropping or lack of proper lubrication, or when an automobile is driven away while the nozzle is still in the tank. A competent attendant shall be in the immediate vicinity of the vehicle being filled by such an approved nozzle. Location (c) Dispensing devices at automotive service stations shall be so located that all parts of the vehicle being served will be on private property.

Rooms or enclosures in which Class I or Class II flammable liquids are pumped or dispensed, used in open vats or dip tanks, or mixed or blended shall be provided with natural or mechanical ventilation that will prevent the accumulation of flammable vapors in hazardous concentrations.

(a) Class I and Class II flammable liquids shall be stored in aboveground tanks out of doors, in underground tanks, in closed containers outside of buildings, in rooms of buildings meeting the requirements of Type A or Type B Inside Storage or Mixing Rooms, or in outside storage houses used exclusively for the storage and mixing of flammable liquids; storage inside buildings, not in Type A or B rooms, shall be in sealed containers or in approved safety cans of not more than 5 gallons capacity, and the aggregate capacity shall not exceed 25 gallons unless in a storage cabinet which may be utilized for storage of not over 50 gallons. (b) Inside storage or mixing rooms, outside storage houses and storage cabinets shall conform to nationally recognized standard practice as specified in section 609 of this title. (c) Class III flammable liquids shall be stored in aboveground tanks out of doors or within buildings, in underground tanks, in tanks in enclosures, in closed containers out of doors or within buildings, in rooms meeting the requirements of Type A or Type B Inside Storage or Mixing Rooms or in outside storage houses. Containers in buildings, other than sealed containers of not over 5 gallons capacity each, shall not exceed an aggregate quantity of 275 gallons, unless stored in Type A or B Inside Storage Rooms. (d) Containers of flammable liquids stored outdoors shall be segregated by an open space of at least 10 feet from roadways, sidewalks and structures so as not to constitute an immediate life or property hazard in event of fire. Special attention should be given to routes of egress for building occupants, window and door openings, and combustible exterior walls, platforms, cornices, and roofs in securing the desired separation. Containers piled one upon the other shall be separated by dunnage sufficient to provide stability and to prevent excessive stress on container walls. The height of piles shall be consistent with stability. Drums and barrels stored on their sides shall have their heads facing aisles so that leakage of bungs may be detected. Containers storing flammable liquids shall have caps, plugs, or bungs replaced immediately after use and when the container is empty. (e) Class I or Class II flammable liquids shall not be drawn from or dispensed into vessels or containers within a building except by means of a device drawing from the top of the tank or the container.

Open flames, heating devices and processes employing temperatures capable of igniting the vapors of the flammable liquids used shall be prohibited in buildings, rooms and other confined spaces in which Class I or Class II flammable liquids are used in the open, or in which Class III flammable liquids are used for the purpose of saturating, coating or otherwise treating goods or materials. Artificial lighting shall be by electricity only. Electric devices located within the possible path of vapor travel shall be of a type approved for such locations. Compliance with applicable provisions of the Standards of the National Board of Fire Underwriters known as the "National Electrical Code" shall be deemed prima facie evidence of compliance with this section. Smoking shall be prohibited and suitable signs to that effect shall be displayed.

Where flammable liquids are used or dispensed, first-aid fire appliances shall be provided in such quantities as public safety requires. The number and type of appliances meeting the Standards of the National Board of Fire Underwriters for First Aid Fire Appliances (Pamphlet No. 10) shall be deemed prima facie evidence of compliance with this section.

Heating and other devices using oil burners shall be installed, maintained and operated in accordance with nationally recognized standard practice as specified in section 609 of this title.

(a) "Tank vehicle" means any vehicle other than railroad tank cars and boats, with a cargo tank mounted thereon or built as an integral part thereof used for the transportation of flammable liquids. Tank vehicles include self-propelled vehicles, and full trailers and semi-trailers without motive power and with wheels carrying either part or all of the load. (b) Tank vehicles used for the transportation of flammable liquids shall be constructed, maintained and operated in accordance with nationally recognized standard practice as specified in section 609 of this title.

Garages shall conform to all other applicable requirements of this chapter, as well as the provisions of this subchapter.

No person shall use any building, shed or enclosure as a place of business for the purpose of servicing or repairing any motor vehicle therein without a permit.

Welding and cutting and other processes involving direct application of flame shall not be carried on in any garage housing more than twenty automobiles on any floor unless the garage is equipped with an approved automatic sprinkler system or such processes are carried on in a room enclosed by walls and ceiling of construction having a fire-resistance rating of not less than one hour with openings therein protected by approved fire doors or fire windows, and with no opening from such room to any upper story. No repairs of any kind shall be made in any garage the floor of which is more than two feet below the drive-in entrance level.

No flammable liquid with a flash point below 100 degree F. shall be used in any garage for washing parts or removing grease or dirt, unless in a special closed machine approved for the purpose or in a separate well-ventilated room enclosed by walls having a fire-resistance rating of not less than two hours with openings therein protected by approved fire doors or fire windows, and with no opening from such room to any upper or lower story.

(a) The fuel tanks of motor vehicles shall be filled directly through hose from approved pumps attached to approved portable tanks or drawing from underground storage tanks. Storage and handling of flammable liquids shall conform to subchapter VIII of this chapter. No transfer of gasoline in any garage shall be made in any open container. (b) No garage floor drain shall connect to any sewer unless provided with an oil separator or trap.

(a) Gas piping and gas appliances in buildings shall be installed in accordance with standard safe practice. (b) Installation of gas piping and appliances for domestic and commercial uses, in accordance with the Standards of the National Board of Fire Underwriters for the Installation of Gas Piping and Gas Appliances in Buildings (Pamphlet No. 54) shall be deemed prima facie evidence of installation in accordance with standard safe practice.

(a) Where the pressure of gas supplied to domestic, commercial or other low pressure gas piping systems in buildings is in excess of one pound per square inch, an approved gas pressure regulator of sufficient size shall be installed in the service pipe of each such system to prevent pressure in excess of one pound per square inch from being introduced into such building piping. (b) If located inside a building the above required regulator shall be equipped with a vent pipe leading to the outer air. Means shall be employed to prevent water from entering this pipe and also to prevent stoppage of it by insects or foreign matter.

Where gas piping enters a building through a wall or floor of masonry or concrete any gas pipe or other nearby pipes entering the same wall or floor shall be suitably sealed against the entrance of water or gas.

Approved means for shutting off the flow of gas from outside the building shall be provided on every gas service pipe 2 inches or larger in diameter or which supplies gas at a pressure in excess of one pound per square inch. Outside gas shut-off cocks or valves shall be located so as to be readily accessible and, when underground, shall be placed in suitable valve boxes, manholes or vaults the covers of which shall be clearly marked "Gas".

"Liquefied petroleum gas" means any material which is composed predominantly of any of the following hydrocarbons or mixtures of them, propane, propylene, butane (normal butane or iso-butane) and butylenes.

(a) A permit shall be obtained for each installation of liquefied petroleum gas employing a container or an aggregate of inter-connected containers of over 2,000 gallons water capacity, and for each permanent installation, irrespective of size of containers, made at buildings in which people congregate for civic, political, educational, religious, social or recreational purposes. Such buildings shall include schools, churches, hospitals, institutions, hotels, and restaurants, each having a capacity of 20 or more persons. Prior to making such an installation, an installer shall submit plans to the Commissioner and if compliance with the requirements of this chapter is shown by said plans, a permit shall be issued. (b) Installers shall maintain a record of all installations for which a permit is not required by subsection (a) of this section (but not including installation of gas burning appliances and replacing of portable cylinders) and have it available for inspection by the Commissioner. History: Amended Oct. 20, 1981, No. 4610, § 1, Sess. L. 1981, p. 243.

Installation All installations of liquefied petroleum gas equipment, including such equipment installed at utility gas plants, shall be in conformity with generally recognized standards for safety to persons and property. Except as otherwise provided in this subchapter or in other laws or regulations legally in effect, conformity with the Standards of the National Board of Fire Underwriters for the Storage and Handling of Liquefied Petroleum Gases (Pamphlet No. 58), and in the case of liquefied petroleum gases at utility gas plants, conformity with the Standards of the National Board of Fire Underwriters for the Storage and Handling of Liquefied Petroleum Gases at Utility Gas Plants (Pamphlet No. 59), shall be prima facie evidence of conformity with generally recognized standards for safety to persons and property.

Within the limits established by law (fire zone) restricting the bulk storage of liquefied petroleum gas for the protection of heavily populated or congested commercial areas, the aggregate capacity of any one installation shall not exceed 2,000 gallons water capacity; except that in particular installations this capacity limit may be altered at the discretion of the Commission after consideration of special features such as topographical conditions, nature of occupancy and proximity to buildings, capacity of proposed tanks, degree of private fire protection to be provided, and facilities of the local fire service. History: Amended Oct. 20, 1981, No. 4610, § 1, Sess. L. 1981, p. 243.

(a) No person shall kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained on or in any public street, alley, road or other public ground without a permit or other proper authorization. Location restricted (b) No person shall kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained on any private land unless (1) the location is not less than 50 feet from any structure and adequate provision is made to prevent fire from spreading to within 50 feet of any structure, or (2) the fire is contained in an approved waste burner with closed top, located safely not less than 15 feet from any structure. Director may prohibit (c) The Director may prohibit any or all bonfires and outdoor rubbish fires when atmospheric conditions or local circumstances make such fires hazardous. Fees (d) [Repealed.] History: Amended Oct. 20, 1981, No. 4610, § 1, Sess. L. 1981, p. 243; May 14, 1985, No. 5060, § 307, Sess. L. 1985, p. 47; Oct. 31, 1998, No. 6269, § 22(b)2., Sess. L. 1998, p. 455.

No person shall kindle a fire upon the land of another without permission of the owner thereof or his agent.

No person shall deposit hot ashes or cinders, or smouldering coals, or greasy or oily substances liable to spontaneous ignition into any wooden receptacle, or place the same within ten feet of any combustible materials, except in metal or other noncombustible receptacles. Such receptacles, unless resting on a noncombustible floor or on the ground outside the building, shall be placed on noncombustible stands, and in every case must be kept at least two feet away from any combustible wall or partition.

Accumulations of waste paper, hay, grass, straw, weeds, litter or combustible or flammable waste or rubbish of any kind shall not be permitted to remain upon any roof or in any court, yard, vacant lot or open space. All weeds, grass, vines or other growth, when it endangers property, or is liable to be fired, shall be cut down and removed by the owner or occupant of the property it is on.

No person making, using, storing or having in charge, or under his control any shavings, excelsior, rubbish, sacks, bags, litter, hay, straw or combustible waste materials shall fail or neglect at the close of each day to cause all such material which is not compactly baled and stacked in an orderly manner to be removed from the building or stored in suitable vaults or in metal or metal lined, covered, receptacles or bins. The Commissioner shall require suitable baling presses to be installed in stores, apartment buildings, factories and similar places where accumulations of paper and waste materials are not removed at least every second day. History: Amended Oct. 20, 1981, No. 4610, § 1, Sess. L. 1981, p. 243.

(a) No person shall store in excess of 2,500 cubic feet gross volume of combustible empty packing cases, boxes, barrels or similar containers, or rubber tires, or baled cotton, rubber or cork, or other similarly combustible material without a permit. Storage requirements (b) Storage in buildings shall be orderly, shall not be within two feet of the ceiling, and not so located as to endanger exit from the building. Storage in the open shall not be more than twenty feet in height, shall be so located, with respect to adjacent buildings, as not to constitute a hazard, and shall be compact and orderly.

Cotton batting, straw, dry vines, leaves, trees, or other highly flammable materials shall not be used for decorative purposes in show windows or other parts of stores unless flameproofed. Nothing in this section shall be held to prohibit the display of saleable goods permitted and offered for sale.

All chimneys, smokestacks or similar devices for conveying smoke or hot gases to the outer air and the stoves, furnaces, fire boxes or boilers to which they are connected shall be constructed and maintained in such a manner as not to create a fire hazard.

Any person using a torch or other flame-producing device for removing paint from any building or structure shall provide one approved fire extinguisher or water hose connected to the water supply on the premises where such burning is done. In all cases, the person doing the burning shall remain on the premises 1 hour after the torch or flame-producing device has been used.

History: Repealed. May 10, 2010, No. 7171, § 4, Sess. L. 2010, p. 87.

History: Repealed. May 10, 2010, No. 7171, § 4, Sess. L. 2010, p. 87.

History: Repealed. May 10, 2010, No. 7171, § 4, Sess. L. 2010, p. 87.

History: Repealed. May 10, 2010, No. 7171, § 4, Sess. L. 2010, p. 87.

History: Repealed. May 10, 2010, No. 7171, § 4, Sess. L. 2010, p. 87.

History: Repealed. May 10, 2010, No. 7171, § 4, Sess. L. 2010, p. 87.

Fire zones shall be established by regulations of the Commissioner of Public Safety under section 603 of this title. History: Amended Oct. 20, 1981, No. 4610 § 1, Sess. L. 1981, p. 243.

The following restrictions shall apply in any fire zone- (1) no wood frame buildings of any description shall be erected; and (2) all future buildings shall be of either masonry, slow-burning, or fire-resistant construction in accordance with the standards of design and construction set forth in the regulations of the Commissioner of Public Safety under section 603 of this title and the regulations of the Commissioner of Public Works under section 293 of Title 29. History: Amended Oct. 20, 1981, No. 4610, § 1, Sess. L. 1981, p. 243.

In areas within the towns but outside the fire zones no building or structure of frame construction shall be built nearer than 5 feet to the neighboring property line, so that between two frame buildings there shall be a fire gap of not less than 10 feet. Buildings of masonry or fire-resistant construction may be built closer to such property line in accordance with regulations under section 603 of this title and section 293 of Title 29.

This chapter shall be cited as "The Virgin Islands Territorial Emergency Management Act of 2009". History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

(a) The purposes of this chapter are to: (1) Reduce vulnerability of the people and communities of this Territory to damage, injury, and loss of life and property resulting from natural or man-made catastrophes; (2) Clarify and strengthen the roles of the governor and territorial agencies in prevention of, preparation for, response to and recovery from emergencies or major disasters resulting from natural or man-made catastrophes; (3) Prepare for prompt and efficient rescue, care and treatment of persons victimized or threatened by emergencies or major disasters; (4) Provide a setting conducive to the rapid and orderly start of recovery, restoration and rehabilitation of persons and property affected by emergencies or major disasters; (5) Authorize and provide for cooperation in the prevention of, preparation for, response to, and recovery from emergencies and major disasters, including the coordination of such activities with those of other jurisdictions; (6) Provide an emergency and major disaster management system; (7) Assist in prevention of emergencies or major disasters caused or aggravated by inadequate planning for the regulation of public and private facilities and land use; (8) Provide an efficient and effective 911 Emergency Communication system designed to meet individual circumstances throughout the Virgin Islands; (9) Prepare and execute a comprehensive plan and program for emergency management in the Virgin Islands; and (10) Assist the Territorial government with respect to coordinating those functions related to homeland security and to establish standards and procedures for addressing threats to homeland security and for protecting life, public health, property and infrastructure in the event of terrorist attacks. (b) It is further declared to be the purpose of this chapter and policy of the Government of the Virgin Islands to ensure and provide clear direction, coordination and support of all agencies directly and indirectly involved in the preparedness and response readiness of the entire Territory, including efficient distribution of all federal assets made available as well as for training personnel in all aspects of emergency management. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, pp. 56, 57.

Nothing in this chapter shall be construed to: (1) Interfere with dissemination of news or comment on public affairs; but any communications facility or organization (including but not limited to radio and television stations, wire services, and newspapers) may be required to transmit or print public service messages furnishing information or instructions in connection with an emergency or major disaster; (2) Affect the jurisdiction or responsibilities of police forces, fire fighting forces, units of the armed forces of the United States, or of any personnel thereof, when on active duty; but territorial and jurisdictional emergency or major disaster plans shall rely upon such forces as activated by the Governor for performance of functions related to emergencies or major disasters; (3) Limit, modify, or abridge the authority of the Governor to proclaim martial law or exercise any other powers vested in him under the Constitution of the United States, the Revised Organic Act of the Virgin Islands of 1954, as amended, federal laws made applicable to the Virgin Islands, or the statutes and common law of the Virgin Islands, independent of, or in conjunction with, any provisions of this chapter; or (4) Transcend the authority or jurisdiction of the Federal Government. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, pp. 57, 58.

(a) Except as provided in subsection (b), as used throughout this chapter: (1) "emergency" means the imminent threat or occurrence of any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, drought, fire, explosion, or other emergency including an emergency occasioned by a threat to homeland security in any part of the Territory which, in the determination of the Governor or the Director requires an integrated and coordinated emergency response from various Territorial Government agencies to save lives and protect public property, public health and safety or to avert or lessen the threat of a major disaster, which may require an emergency declaration by the President or other Federal assistance, but does not cause damage of such severity and magnitude that the Governor requests major disaster assistance from the President pursuant to the Stafford Act. (2) "major disaster" means the imminent threat or occurrence of any hurricane, tornado, storm, floStafford Acter, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, drought, fire, explosion, or other catastrophe including a catastrophe occasioned by a threat to homeland security in any part of the Territory which, in the determination of the governor or the Director requires a coordinated emergency response from various Territorial Government agencies and which causes damage of sufficient severity and magnitude for the Governor to request major disaster assistance from the President pursuant to the Stafford Act, to supplement the efforts and available resources of the Territorial Government and disaster relief orStafford Actin alleviating the damage, loss, hardship, or suffering caused thereby. (3) "state of emergency" means a public declaration by the Governor to mitigate, prepare for, respond to, or recover from an emergency or major disaster. Such public declaration shall be in the form of an executive order or proclamation pursuant to section 1005 of this chapter. (4) "Director" means the Director of VITEMA, who shall also serve as the Territorial Coordinating Officer. (5) "VITEMA" means the Virgin Islands Territorial Emergency Management Agency. (6) "VITEMP" means the Virgin Islands Territorial Emergency Management Plan. (7) "Stafford Act" means the Robert T. Stafford Disaster Relief and EmeStafford Acttance Act, PRobert T. Stafford Disaster Relief and Emergency Assistance ActorPub. Law 100-707aws applicable to emergency management. (8) "FEMA" means to the Federal Emergency Management Agency. (9) "VITEMHS Council" means the council established under section 1007 of this title. (10) "VING" means the Virgin Islands National Guard established under Chapter 19 of this title. (11)Chapter 19ns the State Administrative Agent eligible to receive grants from the United States Department of Homeland Security, who shall be selected by the Director, and approved by the Governor. (12) "EOC" means emergency operation center. (13) "Homeland security" means the development, coordination, and implementation of a Territorial policy to secure the people and property of the Virgin Islands from terrorist threats or attacks. The term includes efforts to detect, prepare for, prevent, protect against, share intelligence where applicable, respond to, and recover from terrorists' attacks within the Virgin Islands. (14) "Joint Terrorism Task Force" or "JTTF" means the established regional coordinating body of both federal and local law enforcement agencies under the stewardship of the Federal Bureau of Investigation for sharing of information and intelligence, as well as the coordination of resources for the mitigation of weapons of mass destruction and response to terrorism throughout the country. (b) When the terms "emergency" or "major disaster" are used in this chapter in the context of a declaration or determination by the President, pursuant to the Stafford Act that such conditions do exist or that assistance for such conditions is required, then such terms, with respect to such declaration or that assistance for such conditions is required, then such terms, with respect to such declaration or determination only, shall not have the meanings set forth in subsection (a) of this section, but rather shall have the meanings set forth in the Stafford Act and the rules and regulations promulgated thereunder. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, pp. 58-60.

(a) The Governor is responsible for meeting the dangers to the Territory and people presented by emergencies or major disaster. (b) The Governor may cooperate with the President of the United States, the heads of the Armed Forces of the United States, the National Guard Bureau, FEMA, or the Department of Homeland Security, and with any other appropriate officers or agencies of the United States or the several States or Possessions thereof, and in connection therewith, take any measures which the Governor may deem proper to effectuate any request of the President and appropriate federal officers and agencies for any action requiring emergency management coordination and cooperation, including, but not limited to, drills, exercises, tests, and mobilization of VING. Appropriate measures may be taken to control the conduct of civilians and the movement of pedestrians and automobile or vessel traffic during, prior to, and subsequent to drills, exercises, or actual emergencies to include the evacuation of the civilian population. (c) The Director shall serve as the principal assistant and advisor to the Governor with respect to emergency management and disaster preparedness planning for the Territory and in this capacity shall act on behalf of the Governor, as required, in coordinating and directing governmental and nongovernmental emergency service agencies. The Director shall take such actions and promulgate such rules and regulations as are consonant with federal and territorial law or policy necessary to carry out the functions assigned to him by law or by direction of the Governor. The Director shall resolve interagency issues relating to emergencies or emergency management and shall utilize VITEMA as the single territorial agency responsible to the Governor for administrative supervision of emergency management activities under this chapter. He shall render periodic reports of those activities to the Office of the Governor. (d) A state of emergency on account of an emergency or major disaster may be declared by a proclamation of the Governor if he finds that an emergency or major disaster has occurred or that the occurrence thereof is imminent. The state of emergency shall continue until the Governor finds that the threat or danger has passed or that the response and recovery has progressed to the point that a state of emergency no longer exists, whereupon he shall terminate the state of emergency by further proclamation. No state of emergency may continue for longer than 30 days unless renewed by the Governor. The Governor may renew the initial state of emergency for one additional 30-day period. But to extend the state of emergency beyond the two 30-day periods, before the expiration of the second 30-day period, the Governor shall submit legislation to the Legislature requesting an extension of the state of emergency. The request must include the specific reasons for the extension, the time-period of the extension, and a plan of action to address the conditions that necessitate the extension of the state of emergency. All subsequent requests for an extension must be submitted to the Legislature before the expiration of the extension that is in effect. The Legislature shall consider a request for an extension of the state of emergency not later than five days after its receipt. If the Legislature fails to consider the request within the five-day period, the state of emergency is automatically extended for an additional 30 days. All proclamations issued or acts under this subsection must indicate the nature of the emergency or major disaster, the area or areas threatened the conditions which have brought it about or which make possible the termination of the state of emergency. All proclamations or acts must be disseminated promptly by means calculated to bring its contents to the attention of the general public and a copy filed with VITEMA. (e) A proclamation of a state of emergency may activate the disaster preparation, response and recovery aspects of the territorial and inter-jurisdictional emergency and major disaster plans applicable to the area in question and, if they are so activated, the proclamation shall also authorize the deployment and use of any forces to which the plan or plans apply and the use or distribution of any supplies, equipment, materials, and facilities assembled, stockpiled, or arranged to be made available pursuant to this chapter or any other provision of law relating to emergencies or major disasters. The Governor may, by proclamation, also authorize alternative means for activating the Plan. (f) During any state of emergency or major disaster the Governor shall be commander-in-chief of all forces available for emergency duty. To the greatest extent practicable, the Governor may delegate or assign command authority by orders issued at the time of the emergency or major disaster. (g) In addition to any other powers conferred upon the Governor by law during any state of emergency, he may for the purpose of coping with the emergency, do any of the following: (1) Suspend the provisions of any statute prescribing the procedures for conduct of territorial business, or the orders, rules, or regulations of any territorial agency, department, bureau, or instrumentality. (2) Utilize all available resources of the Territory. (3) Transfer the direction, personnel, or functions of territorial departments, bureaus, agencies, and other instrumentalities of the executive branch of the Government or units thereof. (4) Subject to any application requirements for compensation under section 1130 of this title, commandeer or utilize any private property. (5) Direct and compel the evacuation of all or a part of the population from any stricken or threatened area within the Territory. (6) Prescribe routes, modes of transportation and destinations in connection with evacuation. (7) Control ingress and egress to and from an effected area, the movement of persons within the area and the occupancy of premises, including barges, boats, ships and other watercraft therein. (8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles, or any other materials deemed to be critical for the health and safety of the people of the Territory of the Virgin Islands. (9) Make provision for the availability and use of temporary emergency housing. (10) Through the Commissioner of Licensing and Consumer Affairs, take action necessary to freeze and maintain costs of goods and services to the public at a price level existing immediately prior to the Governor's proclamation of the state of emergency. Such price freeze shall include, but not be limited to, food items, water, beverages, health and medical care products, fuel, rents, construction goods and services, clothing, furnishings, and such other goods and services as are deemed appropriate under the circumstances presented. (11) Take any other action he deems necessary. (h) The Legislature may limit or modify the powers granted to the Governor in subsections (b) and (g) in any act passed pursuant to subsection (d). History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, pp. 60-63; amended Oct. 12, 2018, No. 8128, § 1(a)(1)-(3), (b), Sess. L. 2018, p. 244, 245; amended July 2, 2024, No. 8839, §§ 3(a)-(b), Sess. L. 2024, p. -.

Management Agency; Duties; Director (a) VITEMA shall have one Director, one Assistant Director, and such Deputy Directors or Associate Directors as determined necessary, with the approval of the Governor, in order for VITEMA to effectively and efficiently meet its mandates. (b) The Director shall be the executive head of VITEMA and shall be responsible for coordinating the entire emergency management program for the Territory. The Director shall maintain liaison with emergency management agencies and organizations of states, of the federal government, of national organizations and of neighboring territories and countries. (c) VITEMA, under the direction of the Director, shall prepare and maintain VITEMP, which shall consist of one territorial administrative plan, an emergency operations plan for each island, and such other plans as are appropriate. VITEMP shall provide for: 1. Prevention and minimization of injury and damage caused by an emergency or major disaster; 2. Prompt and effective response to an emergency or major disaster; 3. Emergency relief; identification of areas particularly vulnerable to an emergency or major disaster; 4. Coordination with local officials in designing local action plans; 5. Establishment of procedures for the construction of temporary or permanent projects designed to protect against or mitigate danger, damage, or loss from hurricane, flood, conflagration, or other emergency or major disaster; 6. Preparation and distribution to the appropriate territorial and local officials of information regarding federal, territorial and private assistance programs; 7. Organization of manpower and chains of command; 8. Coordination of federal, territorial, private and local emergency activities; 9. Coordination of VITEMP with applicable federal programs, FEMA, territorial programs, other jurisdictions and private industries; 10. Establishment of administrative procedures for enforcing compliance with federal and territorial standards to achieve the objectives of emergency management planning; 11. Establishment of emergency management programs which address all hazards, including, but not limited to, terrorist threats or other actions to which the Virgin Islands community is particularly vulnerable and providing specific technical information concerning the use of equipment and special methods by which such hazards may be addressed; and 12. Establishment of procedures for assisting special needs persons during an emergency, including the protocol for the off-island evacuation of medical patients and others who need to be evacuated off- island. The protocol must include a case-management plan for the off-island evacuees/medical and a long-term plan for these persons upon their return to the islands. (d) In preparing and maintaining VITEMP, VITEMA shall seek the advice and assistance of FEMA, other federal agencies, volunteer organizations and other disaster preparedness agencies and other community leaders. (e) VITEMP or any part thereof and a listing of the resources to be utilized in implementing the Plan may be incorporated in regulations of VITEMA. The VITEMA Council shall promulgate rules and regulations, subject to approval of the Governor, necessary to carry out the purposes of this chapter. (f) The Territorial Public Assistance Unit (the "Unit"), previously placed under the Office of Management and Budget pursuant to Executive Order 371-1997, is hereby placed under VITEMA, which shall incorporate the Unit into VITEMA in a manner as may be found to be appropriate by the Director to carry out the duties and responsibilities of the Unit. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, pp. 63, 64; amended Jan. 6, 2019, No. 8151, § 1(a), Sess. L. 2018, p. 325.

Security Council (a) There is established the Virgin Islands Territorial Emergency Management and Homeland Security Council ("VITEMHS Council") to be composed of the following persons: (1) Director of VITEMA, who shall serve as Chairman; and (2) Any commissioners of the departments within the executive branch of the Government who are named to the VITEMHS Council by Executive Order of the Governor,Executive Ordernees, including the Attorney General of the Virgin Islands, the Commissioner of Health and the Commissioner of Human Services; and (3) Any directors of the agencies and bureaus within the executive branch of the Government who are named to the VITEMHS Council by Executive Order of theExecutive Orderheir designees; and (4) The Adjutant General of VING, or his designee; and (5) The executive directors or equivalent position of, or their designees, the following semiautonomous agencies, instrumentalities, or public corporations of the Government: (A) Virgin Islands Water and Power Authority; (B) Virgin Islands Port Authority; (C) West Indian Company, Ltd.; (D) Virgin Islands Economic Development Authority; (E) Virgin Islands Waste Management Authority; (F) Virgin Islands Housing Finance Authority; (G) Virgin Islands Public Services Commission; (H) Government Employees Retirement System; (I) Virgin Islands Public Finance Authority; (J) University of the Virgin Islands; (K) Virgin Islands Government Hospitals and Health Facilities Corporation; (L) Schneider Regional Medical Center; and (M) Juan F. Luis Hospital; (6) The chief executive officer or equivalent position of, or the designees, any corporation or other business entity that operates in the Virgin Islands a public utility regulated by the Public Services Commission pursuant to title 30, title 30, Virgin Islands Codeny private emergency responder entity operating in the Territory; and (7) Private sector entities, including, but not limited to, the chambers of commerce, hotel associations, the Disability Rights Council and other entities, which may be invited to serve on the EMC by the Governor in consultation with the Director. (b) Each member of the VITEMHS Council shall attend all council meetings. (c) The VITEMHS Council shall: (1) Plan for and coordinate the federal and territorial emergency management programs with FEMA and any other federal or territorial agencies, or other appropriate public or private entities. (2) Assist the Territorial Coordinating Officer in responding to the Federal Coordinating Officer, or other appropriate federal agents or officers, in the event the President approves a request from the Governor for an emergency declaration or major disaster declaration; (3) Provide goals and objectives to the Director for implementing VITEMP; and (4) Work with the Director and all other government agencies, to establish standards for the operations and activities of the Government related to homeland security efforts, as set forth in subchapter II of this Chapter. (d) Each entity made a member of the VITEMA Council shall designate an Emergency Services Coordinator ("ESC") and notify the Director of the person's name and telephone number. The person designated to serve as an ESC may not be a person named or designated to serve on the VITEMA Council. The person designated as an ESC shall be responsible to coordinate the respective entity's policies and resources as required by VITEMP. The head of each entity on the VITEMA Council shall give written authority to the ESC enabling that person to obtain and provide the support specified in VITEMP and provide a copy of said written authority to the Director. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, pp. 64-66; amended Jan. 6, 2019, No. 8151, § 1(b), (c), Sess. L. 2018, p. 325.

(a) It is the intent of the Legislature and declared to be the policy of the Territory that funds to meet emergencies or major disasters shall always be available. (b) A Disaster Contingency Fund ("DCF") is established in the Treasury of the Virgin Islands which shall receive monies appropriated thereto by the Legislature and any federal grants or loans made available to the Virgin Islands in the event of major disaster or emergency. Local monies deposited into the DCF may also be used as matching funds for any federal grants under the Stafford Act. (c) It is the legislative intent that for the purposes stated in this chapter the funds regularly appropriated to territorial agencies shall be utilized prior to the use of monies in the DCF. If the Governor finds that the demands placed upon these funds in coping with the particular emergency or major disaster are unreasonably great, he may make funds available from the Disaster Contingency Fund. If monies available from the Fund are insufficient, and if the Governor finds that other sources of money to cope with the emergency or major disaster are not available or are insufficient, the Governor may transfer and expend monies borrowed for a term not to exceed two years from the Federal Government, bond proceeds, or other Treasury sources. (d) Notwithstanding any other provision of law to the contrary, the Governor is authorized to expend from any monies in the Disaster Contingency Fund such sums as he deems necessary to meet the expenses of public agencies directly associated with an emergency or major disaster to meet such expenses for such emergency or major disaster. The Governor shall not exercise any authority under this subsection until and unless he has declared in writing the nature of the emergency or major disaster. Within 60 days after exercising any authority under this subsection, the Governor shall notify the Legislature in writing of all expenses and obligations made pursuant to this subsection. (e) The Governor may accept, on behalf of the Virgin Islands, for emergency management purposes, from the Federal Government or any agency (public or private), services, equipment, supplies, materials or funds by way of gift, loan or grant. Donated funds shall be deposited into the Disaster Contingency Fund. All federal funds received by VITEMA as reimbursement to said agency for expenditures, pursuant to appropriations from the General Fund shall be forwarded by the Director of VITEMA to the Commissioner of Finance for deposit into the General Fund. Funds being reimbursed to the Emergency Response and Management Fund shall be deposited into said fund. (f) Nothing contained in this section shall be construed to limit the Governor's authority to apply for, administer and expend grants, gifts, or payments in aid of the prevention of, preparation for, response to, or recovery from emergencies and major disaster. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, pp. 66-68.

The Governor may, on behalf of the Virgin Islands, enter into reciprocal aid agreements or compacts with neighboring countries, subject to applicable federal law. Such mutual aid agreements shall be limited to the furnishing or exchange of food, clothing, medicine, and other emergency supplies; engineering services; emergency housing; fire fighting services and equipment, rescue, transportation, and construction services and equipment; personnel necessary to provide or conduct these services; and such other supplies, equipment, facilities, personnel and services as may be needed; the reimbursement of costs and expenses for equipment, supplies, personnel, and similar items for mobile support units, fire fighting, and police units and health units; and on such terms and conditions as deemed necessary. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 68.

(a) In addition to measures regarding disasters preparedness as included in the Plan, the Governor and the Director shall consider on a continuing basis steps that could be taken to mitigate hazards that cause an emergency or major disaster. At the Governor's direction, and pursuant to any other authority and competence they have, territorial agencies, including but not limited to those charged with responsibilities in connection with flood plain management, stream encroachment and flow regulation, weather, fire prevention and control, air quality, public works, land use and land-use planning, and construction standards, shall make hazard mitigation studies and provide financial resources and manpower to implement hazard mitigation actions. From time to time the Governor shall make recommendations to the Legislature, and other appropriate public and private entities as may facilitate hazard mitigation or risk reduction measures. (b) The Department of Planning and Natural Resources shall advise VITEMA concerning structures and other facilities which are particularly susceptible to severe land shifting, subsidence, flood, or other catastrophic occurrence. The studies under this subsection shall concentrate on means of reducing or avoiding the hazards. (c) If the Director believes on the basis of the studies or other competent evidence that: (1) An area is susceptible to any emergency or major disaster of catastrophic proportions; (2) The existing building standards and land-use controls in that area are inadequate and could add substantially to the magnitude of the disaster; and (3) That changes in zoning regulations, other land-use regulations, or building requirements are essential in order to further the purposes of disaster preparedness planning; he shall specify needed changes to the Governor and those agencies with jurisdiction over the area and subject matter. If the Governor and said agencies upon review of the recommendations find that the changes are necessary, appropriate rules and regulations or executive orders may be promulgated in the manner provided by law to implement those changes. (d) The Governor, at the same time that he makes his recommendations pursuant to subsection (c) of this section, may by executive order suspend the standard of control which are determined to be inadequate to protect the public safety and put in place temporary standards or controls in effect. The temporary standards or controls shall remain in effect until the appropriate rules and regulations or executive orders to be issued under subsection (c) hereof are promulgated according to law, but, in any event, may not be effective for more than 90 days. During the time it is in effect, the temporary standard or control contained therein shall be administered and given full effect by all relevant agencies of the Territory to which it applies. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, pp. 68, 69.

(a) Each person within this Territory shall conduct himself and keep and manage his affairs and property in ways that will reasonably assist and will not unreasonably detract from the ability of the Territory and the public successfully to meet emergencies or major disasters. This obligation includes appropriate personal service and use or restriction on the use of property in time of emergency or major disaster. This chapter neither increases nor decreases these obligations but recognizes their existence under the United States Constitution, the Revised Organic Act, and statutes and common law of this Territory. Compensation for services or for the taking or use of property shall be made consistent with the United States Constitution, the Revised Organic Act, and statutes and common law of this Territory. (b) No personal services may be compensated by the Territory or any subdivision or agency thereof, except pursuant to law. (c) Compensation for property shall be paid only if the property was commandeered or otherwise used in coping with an emergency or major disaster and its use or destruction was ordered by the Governor or a member of the emergency or major disaster forces of this Territory. (d) Any person claiming compensation for the use, damage, loss, or destruction of property under this chapter shall file a claim therefore with the appropriate territorial agency in the form and manner the agency provides. (e) Unless the amount of compensation on account of property damaged, lost, or destroyed is agreed between the claimant and the agency, the amount of compensation shall be calculated in the same manner as compensation due for a taking of property pursuant to the condemnation laws of this Territory following insofar as possible the procedures set forth in Chapter 19 of title 28 of this Code. (f) Nothing in this section applies to or authorizes compensation for the destruction or damaging of standing timber or other property in order to provide a fire break, or to the release of water or the breach of impoundments in order to reduce pressure or other danger from actual or threatened flood. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, pp. 69, 70.

VITEMA shall be responsible for coordinating rapid and efficient communications during emergencies or major disasters. VITEMA shall operate the EOCs wherein federal and territorial departments and agencies, and private sector entities are integrated into a comprehensive territorial emergency communications system or network. In studying the character and feasibility of any system or its several parts VITEMA shall evaluate the possibility of multipurpose use thereof for general territorial purposes. VITEMA shall make recommendations to the Governor as appropriate. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, pp. 70, 71.

Disaster and Site Acquisition and Preparation (a) Whenever there exists an emergency or major disaster under the laws of this Territory, or the President has declared an emergency or a major disaster, as defined by the Stafford Act to exist in this Territory, the Governor is authorized: (1) To enter into purchase, lease, or other arrangements with any agency of the United States for temporary housing units to be occupied by victims of an emergency or major disaster. (2) To acquire, temporarily or permanently, by purchase, lease, or otherwise, sites necessary for the installation of temporary housing units for victims of an emergency or major disaster, and to do all things required to prepare such site to receive and utilize temporary housing units. For this purpose, the Governor may utilize any funds available from federal funds, appropriations made by the Legislature, or from any other source, and, where necessary, the credit of the Government of the Virgin Islands on such terms as he deems appropriate, having due regard for current debt transactions of the Territory. (3) Under such executive orders as he shall prescribe, to suspend temporarily or modify for not to exceed 60 days any public health, safety, zoning, transportation or other requirement of law or regulation within this Territory when by executive order he deems such suspension or modification essential to provide temporary housing for victims of an emergency or major disaster. Pursuant to this section, the Governor's action is subject to judicial and Legislative review but shall not be subject to temporary stay pending litigation. (b) Nothing contained in this section shall be construed to limit the Governor's authority to apply for, administer, and expend any grants, gifts, or payments in aid of disaster prevention, preparedness, response, or recovery. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 71.

Whenever the President has declared a "major disaster" as defined by the Stafford Act to exist in the Territory, the Governor is authorized: (a) Upon his determination that the Government of the Virgin Islands will suffer a substantial loss of tax and other revenues from a major disaster and has a need for financial assistance to perform its governmental functions, to apply to the federal government or non-governmental financial institutions, on behalf of the Government of the Virgin Islands, for a loan; and to receive and disburse the proceeds of any approved loan. (b) To determine the amount needed by the Government of the Virgin Islands to restore or resume its governmental functions, and to certify the same to the federal government or non-governmental financial institutions. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 72.

Disasters (a) Whenever there exists an emergency or major disaster under the laws of this Territory, or the President has declared an emergency or major disaster, as defined by the Stafford Act, to exist in this Territory, the Governor is authorized: (1) Notwithstanding any other provision of law, through the use of the departments, agencies and instrumentalities of the Government of the Virgin Islands, to clear or remove debris and wreckage which may threaten public health or safety from publicly or privately owned land or water. (2) To accept funds from the federal government or private sources and utilize such funds for the purpose of removing debris or wreckage from publicly or privately owned land or water. (b) Whenever the Governor provides for clearance of debris or wreckage pursuant to subsection (a) of this section, employees of the designated departments, agencies and instrumentalities of the Government of the Virgin Islands, or individuals appointed by the Governor of the Virgin Islands, are authorized to enter upon private land or waters and perform any tasks necessary to the removal or clearance operation, and the owner of the boat or other private property shall indemnify the Government of the Virgin Islands against any claim arising from such removal including cost of removal, except where the Government is reimbursed for such claims and costs from other sources. (c) Except in cases of willful misconduct, gross negligence, or bad faith, any employee or agent of the Government of the Virgin Islands complying with orders of the Governor and performing duties pursuant thereto under this section shall not be liable for death of or injury to persons or damage to property. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, pp. 72, 73.

Emergencies and Major Disasters (a) Whenever the President has declared an emergency or major disaster, as defined by the Stafford Act to exist in this Territory, the Governor is authorized: (1) Upon his determination that financial assistance is essential to meet necessary expenses or serious needs to individuals or families adversely affected by such emergency or major disaster, and related thereto, that cannot be otherwise adequately met from other means of assistance, to accept a grant by the federal government to fund such financial assistance, subject to such terms and conditions as may be imposed upon the grant. (2) To enter into an agreement with the federal government or any officer or agency thereof, pledging the Government of the Virgin Islands to participate in the funding of the financial assistance authorized in paragraph (1) of this subsection, in an amount not to exceed 25 percent thereof and, if territorial funds are not otherwise available to the Governor, to accept an advance of the territorial share from the federal government to be repaid when the Government of the Virgin Islands is able to do so. (b) All federal grants received pursuant to this section, and all local matching funds related thereto, shall be deposited in the General Disaster Relief Fund created by title 33, section 3041, Virgin Islands Code, and shall be disbursed therefrom in accordance with that section. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 73.

Emergency (a) Upon a declaration of a state of emergency by the Governor, it is unlawful for a person, an agent, employee, or a business owner to rent or sell, or offer to rent or sell, any essential goods or services, including those goods and services listed in section 1005(g)(10), and supplies, services, provisions, or equipment that are necessary for consumption or use as a direct result of the emergency; at an unconscionable price. This prohibition remains effective for the duration of the state of emergency and is automatically applicable during any subsequent extensions or renewals of the state of emergency. (b) When the Governor has declared a state of emergency, any person, business or entity that offers goods and services for sale to the public during the state of emergency and does not possess a business license or who willfully charges unconscionable prices is guilty of a misdemeanor, punishable by a fine of not less than $1000 or more than $5000, per violation. (c) A price is unconscionable if: (1) The amount charged represents a gross disparity between the price of the goods or services after the state of emergency was declared and the average price of the goods or services offered in the usual course of business during the 30 days immediately preceding the declaration of the state of emergency, unless the increase in the amount charged is attributable to additional costs incurred in connection with the goods or services due to regional, national, or international market trends, or increased costs incurred because of the declaration of the state of emergency evidenced by documentation; or (2) The amount charged grossly exceeds the average price at which the same or similar goods or services were readily obtainable in the trade area during the 30 days immediately preceding the declaration of a state of emergency, unless the increase in the amount charged is attributable to additional costs incurred in connection with regional, national, or international market trends, or increased costs incurred because of the declaration of the state of emergency evidence by documentation. (d) A price increase approved by the Department of Licensing and Consumer Affairs is not an unconscionable price. (e) The evidentiary standards and defenses contained in this section are the only evidentiary standards and defenses that maybe used in an action brought pursuant to this section. (f) A person charged with committing a violation of this section may present evidence to rebut any presumption, including, but not limited to, the person's knowledge or intent when committing the action. (g) Nothing in this section creates a private cause of action in favor of any person damaged by a violation of this section. The Virgin Islands Department of Justice shall prosecute all alleged violations of this section. History: Added Oct. 26, 2020, No. 8386, § 1, Sess. L. 2020, p. 206, 207.

(a) The Office of Disability Integration is established within the Virgin Islands Territorial Emergency Management Agency (VITEMA). The Office of Disability Integration is under the supervision of the Deputy Director of Planning and Preparedness, (Deputy Director). This office, at minimum, must be staffed by a Disabilities Integration Advisor for the district of St. Croix and a Disabilities Integration Advisor for the district of St. Thomas-St. John, each of whom is selected by the Director upon consultation with the American with Disabilities Coordinator. (b) Each Disabilities Integration Advisor shall supervise the office staff responsible for disability integration in each district. (c) The Director of VITEMA, at the request of the ADA Coordinator, may temporarily detail employees within the Office of Disability Integration to assist the Office of the ADA Coordinator in its duties, insofar as they directly or indirectly relate to the efficiency of disabilities integration in disaster planning and operations. But no employee may be detailed to the Office of the ADA Coordinator for more than a total of six months of any calendar year, and the power to carry out disciplinary or any other personnel action regarding any detailed employee remains vested in VITEMA. History: Added Feb. 18, 2023, No. 8686, § 1, Sess. L. 2022, p. 387.

The Deputy Director, in consultation with the Director of VITEMA, the (ADA) Coordinator, the Territorial Emergency Management Homeland Security Council, the Department of Human Services, the Department of Health, the Virgin Islands Disability Rights Center, and nongovernmental organizations, including faith- based and other community, humanitarian entities, shall establish specific, assessable, achievable performance measures for the Office, including: (1) ensuring the timely development, update, integration, and dissemination of information, including policy guidance, training materials, and other planning tools for government officials and other appropriate stakeholders; and (2) ensuring the integration of people with disabilities into emergency, preparedness, protection, mitigation, evacuation, sheltering, transition, resiliency, and recovery plans. History: Added Feb. 18, 2023, No. 8686, § 1, Sess. L. 2022, p. 387.

(a) The Office of Disability Integration shall: (1) provide technical assistance to the Director of VITEMA and other VITEMA officials, and all VITEMA programs and services to deliver the agency's mission to execute a comprehensive plan and program for emergency management for the Territory by helping people, including people with disabilities, before, during and after disasters, focusing on integrating the needs of people with disabilities into those programs and services; (2) develop strategies to promote the integration of the needs of people with disabilities into the design and implementation of new programs, as well as identifying potential barriers to access and developing strategies to eliminate those barriers; (3) assist stakeholders to assess and increase disability competency and capacity to serve people with disabilities across the spectrum of emergency preparedness and response; (4) provide education and training to people with disabilities and their caregivers, emergency planners, first responders, and other members of the community who play a role in providing assistance to people with disabilities in an emergency; (5) develop and distribute brochures, booklets, guides and other materials and tools that people with disabilities and their caregivers can use to prepare for an emergency; (6) collaborate with VITEMA officials responsible for training to ensure that qualified experts develop easily accessible training materials and curricula for training emergency response providers, government officials and others on the needs of persons with disabilities; (7) provide for the coordination and dissemination of best practices and model evacuation plans for individuals with disabilities; (8) provide for the accessibility of transportation options for persons with disabilities in the event of an evacuation; and (9) perform such other duties as may be provided by law or as assigned by the Director of VITEMA. History: Added Feb. 18, 2023, No. 8686, § 1, Sess. L. 2022, p. 388.

(a) There is established a separate and distinct fund within the Treasury of the Virgin Islands designated and known as "The Office of Disabilities Integration Fund". (b) No funds are available for expenditure from this Fund except as provided by this chapter or other law. (c) The Fund consists of: (1) monies appropriated to it from time to time by the Legislature; (2) all federal funds allocated to the Government of the Virgin Islands for activities related to the integration of the needs of persons with disabilities in disaster planning, relief, and recovery activities; and (3) all gifts, donations and bequests made to the Fund. (d) All appropriations or monies designated for the Fund must be transmitted to the Treasury of the Government of the Virgin Islands and deposited into the Fund. (e) Monies in the Fund must be used exclusively for the operations of the Office of Disability Integration in the Virgin Islands Territorial Emergency Management Agency, as provided in 23 V.I.C. § 1023. The Commissioner of Finance shall administer the Fund and shall disburse monies from it at the direction of the Director of VITEMA. (f) Monies available in the Fund are non-lapsing and remain available until expended. (g) The Commissioner of Finance shall maintain a record of all monies deposited into and disbursed from the Fund and shall report annually to the Governor and the Legislature, as well as the Director of VITEMA, as to the status of the Fund. History: Added Feb. 18, 2023, No. 8686, § 1, Sess. L. 2022, p. 388, 389.

(a) VITEMA shall have jurisdiction over all matters of Homeland security. (b) The Director, in consultation with the VITEMHS Council and all other government agencies, shall establish standards for the operations and activities of the Government related to homeland security efforts. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 74.

(a) The Director shall appoint, with the approval of the Governor, a Homeland Security Advisor. The Homeland Security Advisor may also serve as the SAA at the discretion of the Director. (b) The Director shall be a member of the Homeland Security Council and a member of the Joint Terrorism Task Force. (c) The Director has the authority and duty, or may designate to the Advisor for Homeland Security, to: (1) Develop, in coordination with the VITEMHS Council and required participating or stakeholder, first-responder agencies, a comprehensive plan and program for homeland security, not inconsistent with federal law, including a plan for the security of critical infrastructure licensed or regulated by agencies of the federal government. The plans and programs must be integrated and coordinated with federal and territorial plans. The completed plan and strategy must be forwarded to the EMC within 30 days after approval by the Department of Homeland Security's Office for Domestic Preparedness; (2) Assist in the utilization of the services and facilities of departments, offices and agencies of the Government for homeland security issues; (3) Assist local law enforcement agencies, and departments as may be reasonable and necessary for the purpose of securing compliance with this chapter and with the orders, rules, and regulations made under this chapter; (4) Receive intelligence information from federal authorities relating to homeland security and ensure that, to the extent allowed by law, all appropriate and necessary intelligence and law enforcement information regarding homeland security is disseminated to and exchanged among appropriate executive departments responsible for homeland security, and where appropriate, promote the exchange of such information with other U.S. jurisdictions and private entities; (5) Promote, schedule, conduct and coordinate simulated exercises designed in coordination with the VITEMHS Council. The simulated exercises must be designed to prepare the appropriate first- responder agencies and the appropriate supporting government agencies for action to be taken in the event of a terrorist threat or attack; (6) Assist with government efforts to achieve public health preparedness before and during terrorist events; (7) Engage in the exchange of information with the federal government and Territorial law enforcement agencies relating to immigration and efforts to improve the security of the borders, Territorial waters, and ports of the United States; (8) Coordinate with the efforts of first-responder agencies, including VITEMA, to protect the people of the Virgin Islands and the Territory's critical infrastructure from terrorist attack, including, energy, water production, transmission and distribution systems, telecommunications, public and privately- owned information systems, special public and private events, transportation hubs and networks, livestock, farms, water, and food supplies, and research institutions. Notwithstanding any other provision of this chapter, the Director may not impose security requirements on any private sector facility which are inconsistent with requirements applicable to private sector facilities under federal law or regulations; (9) Ensure that the local governmental agencies and authorities coordinate and cooperate with federal agencies and the Department of Homeland Security and its regional offices, and private-sector security forces responsible for the protection of critical infrastructure consistent with federal laws and regulations applicable to private-sector security forces related to homeland security issues; (10) Receive gifts, including, services, equipment, supplies, materials, and funds, apply for and accept grants, contributions and any other forms of assistance from the United States Government, the Government of the Virgin Islands or other public entities, or from any other source, public or private, for the purposes of homeland security, and enter into and carry out agreements in connection therewith and include in any agreement for financial assistance with the United States Government such conditions imposed pursuant to federal laws as it may consider reasonable and appropriate and which are not inconsistent with the purposes of this chapter; and to expend the proceeds of any such grants and financial assistance for the purposes of this chapter; and (11) Promulgate necessary rules and regulations to implement and administer the program established in this chapter. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, pp. 74-76.

During a Declaration of Emergency When the Governor declares a state of emergency related to homeland security, the Director shall have and may exercise the following additional powers, under the direction and control of the Governor: (a) Sell, lend, lease, give, transfer, or deliver materials and perform services for homeland security purposes on such terms and conditions as the Governor shall prescribe; (b) Assist the Department of Agriculture and the Department of Health to employ such measures as the quarantine of persons, animals, plants, fruits, water, or food products, as may be reasonably necessary for the purpose of securing compliance with this chapter; (c) In coordination with the Office of Highway Safety and the Police Department, with due consideration to the recommendations of other appropriate governmental agencies, formulate and execute plans and regulations for the control of traffic and the rapid and safe movement over public highways and roads of people, vehicles and materials for use in any incident response, and coordinate the activities of the departments and agencies of the Government concerned directly or indirectly with public highways and roads, in a manner that will best ensure the public safety during a threat to homeland security; (d) Coordinate the deployment of Government employees for emergency response operations; and (e) Exercise such other functions, powers and duties as are necessary to promote and secure the safety and protection of the civilian population and achieve the purposes of this chapter. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, pp. 76, 77.

This subchapter may be cited as the "Emergency Management Assistance Compact Act." History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 77.

This compact is made and entered into by and between the participating member states, which enact this compact, hereinafter called party states. For the purposes of this agreement, the term "states" is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions. The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state(s), whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack. This compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of states National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 77.

Each party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist. The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the Federal Government or any other source, that are essential to safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood. On behalf of the governor of each state participating in the compact, the legally designated state official that is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, pp. 77, 78.

(a) It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this section. In formulating such plans, and in carrying them out, the party states, insofar as practical, shall: (1) Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack. (2) Review party states individual emergency plans and develop a plan that will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency. (3) Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans. (4) Assist in warning communities adjacent to or crossing the state boundaries. (5) Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material. (6) Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness. (7) Provide, to the extent authorized by law, for temporary suspension of any statutes. (b) The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this agreement shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the requests shall be confirmed in writing within 30 days of the verbal request. Requests shall provide the following information: (1) A description of the emergency service function for which assistance is needed, such as but not limited to fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue. (2) The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed. (3) The specific place and time for staging of the assisting party's response and a point of contact at that location. (c) There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States Government, with free exchange of information, plans, and resource records relating to emergency. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, pp. 78, 79.

Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers except that of arrest unless specifically authorized by the receiving state, duties rights, and privileges as are afforded forces control the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency service authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect or loaned resources remain in the receiving state(s), whichever is longer. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, pp. 79, 80.

Whenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the governor of the requesting state may prescribe by executive order or otherwise. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 80.

Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes; and no party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this section shall not include willful misconduct, gross negligence, or recklessness. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 80.

Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this instrument contains elements of a broad base common to all states, and nothing herein shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions or evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 81.

Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 81.

Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the cost incurred in connection with such requests; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further, that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Section 1059 expenses shall not be reimbursable under this provision. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 81.

Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management/service directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, pp. 81, 82.

(a) This compact shall become operative immediately upon its enactment into law by any two (2) states. Thereafter, this compact shall become effective as to any other state upon its enactment by such state. (b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until 30 days after the governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal. (c) Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the United States Government. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 82.

This chapter shall be construed to effectuate the purposes stated in section 1052 hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances held invalid, the constitutionality of the remainder of this chapter and the applicability thereof to other provisions and circumstances shall not be affected thereby. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, pp. 82, 83.

Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under Section 1385 of title 18, United States Code. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 83.

As used in this subchapter, unless the context otherwise requires: (a) "911 Service" means the telecommunication system which provides the user of the public telephone system the ability to reach a public safety answering point by dialing the digits, "9-1-1". (b) "Public agency" means the Government of the Virgin Islands and any agency, department, or unit thereof or special purpose district located in whole or in part within the Virgin Islands which provides or has authority to provide ambulance, firefighting, law enforcement, medical or other emergency services. (c) "Public safety agency" means a functional division of a public agency which provides ambulance, firefighting, law enforcement, medical or other emergency services. (d) "Private safety entity" means a private entity which provides ambulance, firefighting, law enforcement, medical or other emergency services. (e) "Public safety answering point (PSAP)" means a communication facility operated on a 24-hour basis, assigned responsibility to receive 911 calls and, as appropriate, to directly dispatch emergency response services, or to transfer or relay emergency 911 calls to other public service agencies. It is the first point of reception by a public safety agency of a 911 call, and serves the jurisdiction in which it is located and other participating jurisdictions according to a specified operational policy. (f) "Direct dispatch method" means the method of responding to a telephone request for emergency service whereby the PSAP decides on the proper action to be taken and dispatches the appropriate emergency service unit. (g) "Relay method" means the method of responding to a telephone request for emergency service whereby a PSAP notes pertinent information and relays it to the appropriate public safety agency or other provider of emergency service for dispatch of an emergency service unit. (h) "Transfer method" means the method of responding to a telephone request for emergency service whereby a PSAP transfers the call directly to the appropriate public safety agency or other provider of emergency service for dispatch of an emergency service unit. (i) "VITEMA" means the Virgin Islands Territorial Emergency Management Agency established by this chapter. VITEMA is responsible for the administration of 911 service in the Virgin Islands. (j) "Automatic number identification (ANI)" means the system capability to identify the telephone number associated with the access line from which a call originates and provide a display of that number at a PSAP. (k) "Automatic location identification (ALI)" means the automatic display at the PSAP of the caller's telephone number, the address/location of the telephone and supplementary emergency services information of the location from which a call originates. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, pp. 83, 84.

911 services shall be designed to meet the individual circumstances of the Islands of St. Croix, St. John, St. Thomas, and Water Island and the public agencies participating in the 911 system. However, standardized processes between the two call centers, one on St. Croix and one on St. Thomas, will ensure optimal service and back-up capability in case of high call volumes, or the temporary incapacity of one center due to catastrophic weather or other circumstances. Every system shall be designed so that a 911 call is processed by means of one of the methods defined in section 1071 of this chapter, namely, direct dispatch, relay, or transfer; provided, however, at least two of the specified methods shall be available for use by the PSAP receiving the call. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, pp. 84, 85.

(a) Every 911 system shall be capable of transmitting requests for ambulance, firefighting, law enforcement, medical or emergency services to a public safety agency or other government agencies that provide the requested service at the place where the call originates. A 911 system may also provide for transmittal of requests for other emergency services, such as poison control, suicide prevention, and civil defense. Conferencing capability with counseling, aid to handicapped, and other services as deemed necessary for emergency response determination may be provided by the 911 system. (b) Any unit of any agency of the Territory which provides ambulance, firefighting, law enforcement, medical or emergency services to an area shall be part of the 911 system or systems in the area it serves. A 911 PSAP may transmit emergency response requests to private safety entities. Automatic intrusion alarms and other automatic altering devices shall not be installed so as to cause the number 911 to be dialed in order to access directly emergency services; however, this provision shall not apply to a 911 system if the heads of all of the public safety agencies participating in the 911 system agree otherwise. (c) A public safety agency or private safety entity, its employees, agents, contractors and affiliates shall not be held liable for acts of negligence in the operation, administration or maintenance of a 911 service unless such acts are found to be grossly negligent or of willful intent. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 85; amended July 9, 2025, No. 8999, § 1, Sess. L. 2025, p. -.

Each telephone common carrier shall convert every pay station telephone within the area served by a 911 system to permit a caller to dial 911, and to reach an operator by dialing "0", without first inserting a coin or paying any other charge. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 85.

VITEMA shall promulgate rules and regulations as are just and reasonable and in the public interest to implement the provisions of this chapter. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 85.

Implementation Each local public agency shall designate a coordinator who shall serve as the point of contact in working with VITEMA. (a) Public agencies and public safety agencies shall prepare tentative 911 system plans which meet the technical and operational standards established by VITEMA. Upon request by public agencies, VITEMA shall assist public agencies in developing effective 911 system plans by providing guidance as to plan content, technical assistance, and by providing advice in formulating concepts, methods and procedures to improve 911 system designs, their implementation and their operation. VITEMA shall apply for financial aid, including federal funding assistance, to develop plans for implementation and operation of their 911 systems. (b) Plans filed pursuant to subsection (b) of this section shall conform to minimum standards established pursuant to this chapter. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 86.

The Virgin Islands Department of Justice may, at the request of VITEMA, or on its own initiative, commence judicial proceedings in a court of competent jurisdiction against any public agency or the common carrier providing telephone service to enforce the provisions of this chapter. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 86.

Ali Information (a) A common carrier serving a public agency or group of agencies which has implemented a 911 system with automatic number identification and/or automatic location identification features shall be required to provide such public agency or group of public agencies access to the telephone numbers of subscribers and the addresses associated with the numbers needed to implement these features. (b) A common carrier shall not be liable to any person who uses the emergency number system created under this chapter for release of the information specified in subsection (a) of this section to a public agency or group of public agencies as required by subsection (a). (c) A common carrier, its employees, agents, contractors, and affiliates shall not be held liable for any acts in the operation, administration, or maintenance of a 911 service, unless such acts are found to be of willful intent as defined in title 1, section 41, of the Virgin Islands Code. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, pp. 86, 87.

Each common carrier providing 911 services to a public agency or group of agencies shall prominently display, on every pay station telephone within its 911 service area, the address or location of the telephone. History: Added July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 87.

(a) VITEMA shall provide for the installment, operation, and maintenance of a system of emergency telephone call boxes along roads and highways in the Territory. (b) The system shall: (1) be designed to enable users to request emergency and nonemergency response services; (2) include: (A) wired or wireless telecommunications services; and (B) one or more motorist assistance answering centers; and (3) be capable of performing compatible Intelligent Transportation System (ITS) functions. (c) The location of the emergency call boxes shall be determined by VITEMA, with the assistance of the Virgin Islands Police Department and the Department of Public Works, in accordance with the design specifications of the system. History: Added May 16, 2014, No. 7590, § 1, Sess. L. 2014, p. 47, 48.

As used in this subchapter, the term: (1) "Activation" means all activities performed by Auxiliary Communicators from when they leave their residence or other location for auxiliary communications deployment until they have returned to their home or other location at the end of deployment. (2) "Amateur Radio Emergency Service (ARES)" means the public service branch of the ARRL. (3) "American Radio Relay League (ARRL)" means the national association for radio amateurs. (4) "Auxiliary Communicator" means an amateur radio operator licensed by the United States Federal Communications Commission under 47 CFR 97 who meets the auxiliary communication training requirements, is credentialed by the Virgin Islands Territorial Emergency Management Agency, and serves as an authorized volunteer of the Virgin Islands Territorial Management Agency for purposes of section 1082. (5) "Auxiliary Communications Unit" or "AuxComm Unit" means the volunteer Auxiliary Communicators unit within the Virgin Islands Territorial Management Agency, the successor entity to any territorial RACES organization referenced in any law, regulation, or plan. (6) "Director" means the Director of the VITEMA or the Director's designee. (7) "Incident Command System" or "ICS" means the standardized emergency hierarchy utilized for the command, control, and coordination of emergency response used by the Virgin Islands planning and response agencies. (8) "Radio Amateur Civil Emergency Service (RACES)" means, as defined in 47 CFR §97.3, a government service branch of ARES; (9) "Section Manager" means the lead volunteer amateur radio representative for auxiliary communications, the manager of ARES, and the lead supervisor of deployed Auxiliary Communicators ARRL member elected as the section manager by ARRL Virgin Islands members of the ARRL or the section manager's designee. (10) "VITEMA" means the Virgin Islands Territorial Emergency Management Agency established in 3 V.I.C. § 23. (11) "Auxiliary communications" means backup emergency radio communications provided by volunteers who support public safety and emergency response professionals and their agencies. History: Added Jan. 20, 2024, No. 8799, § 2, Sess. L. 2023, p. 210, 211.

Auxcomm (a) The AuxComm unit is established in the VITEMA. The Director shall act as the manager of the AuxComm Unit and shall set policy, qualify, credential, coordinate, and direct the AuxComm activities. (b) Jointly with the Director, the Section Manager shall establish programs for the training and credentialing of Auxiliary Communicators to ensure they are suitably qualified to conduct AuxComm missions. Auxiliary Communicators are limited to individuals certified by the Director as meeting the applicable training and credentialing requirements. By being credentialed to participate in AuxComm missions, Auxiliary Communicators are authorized to transmit and receive radio communications on any radio frequency licensed to any agency of the Virgin Islands Government, as well as install, operate, remove, program, adjust, or otherwise maintain any communications equipment, including ancillary equipment within the scope of their assignment, owned by any participating Virgin Islands governmental agencies. (c) Auxiliary Communicators shall assume all the duties and possess all the authority and responsibilities of the RACES 47 CFR97.407 within the territory. Any reference to RACES in any territorial law, regulation, or disaster plan refers to the AuxComm Unit. No other individual, entity, association, or government agency may represent that it is a RACES organization in the territory. (d) The VITEMA shall recognize that Auxiliary Communicators are volunteers and that they are responsible for securing the safety and welfare of their respective families before fulfilling any activities for the AuxComm Unit. (e) Auxiliary Communicators shall cooperate with the VITEMA and shall perform tasks related to the primary AuxComm mission of auxiliary communications and such other reasonable duties as may be defined by the Director, the Section Manager, or their designees. (f) Auxiliary Communicators may not be asked to undertake any task that a VITEMA employee in a comparable position would not typically perform. (g) The Director shall determine the priority, order, and capacity in which other Virgin Islands governmental agencies are served with AuxComm Unit resources. (h) The Section Manager shall advise the Director regarding the availability, assignment, and capability of AuxComm resources. (i) Upon completion of acceptable application information, the Director shall issue Auxiliary Communicators curfew passes or similar credentials recognized throughout the territory for granting access to public roads, Government facilities, emergency operations centers, incident command posts, disaster scenes, and other VITEMA specified locations. History: Added Jan. 20, 2024, No. 8799, § 2, Sess. L. 2023, p. 211, 212.

(a) Auxiliary Communicators: (1) serve in a voluntary capacity; (2) shall maintain a valid FCC amateur radio or FCC commercial operator's license; and (3) shall maintain current certification in core ICS classes or successor classes, as required by the VITEMA for AuxComm membership. (b) All applications to serve as an Auxiliary Communicator must be submitted to the Section Manager. The Section Manager shall evaluate candidates' capabilities and prior experience with meeting AuxComm requirements and submit the evaluation to the Director. (c) The Director may conduct criminal background investigations on candidates for credentialing of Auxiliary Communicators in accordance with the agency's security needs. The Director may deny credentialing to any candidate based upon the results of that background check or any other reason. (d) The Director may revoke AuxComm Unit membership of any Auxiliary Communicator at any time and for any reason, which must be disclosed to the Section Manager. (e) The Section Manager may be dismissed only upon the AuxComm Unit's termination or another Section Manager's election. History: Added Jan. 20, 2024, No. 8799, § 2, Sess. L. 2023, p. 212, 213.

(a) All activation requests, deactivation requests, or delegation notifications to or from the Director or the Section Manager must be made in writing or by electronic means, including e-mail or text, capable of being printed. Delegations must state the exact authority that is being delegated and to whom. Voicemails or verbal requests are not valid methods for delegation, activation, or deactivation requests. If duly activated from an Aux Comm member's residence, activation means all activities following the first Aux Comm's assigned task. (1) If duly activated from an Aux Comm member's residence, activation means all activities following the first Aux Comm's assigned task. (b) The Director shall notify the Section Manager of any request to activate AuxComm. (c) An activation request must include, at a minimum, the scope of the activation, any special equipment requests, the estimated number of Auxiliary Communicators required deployment location, and, if known, the estimated beginning and end time of the activation. (d) Following receipt of an activation request from the Director, the Section Manager shall respond to the Director with the names of available Auxiliary Communicators and recommendations on which individuals to activate. (e) The Director, if determined appropriate, shall approve the activation by responding to the Section Manager with the individual names approved for activation. (d) The Section Manager, or appointee, shall determine the assignment location for individual Auxiliary Communicators based on the agency's needs and requests, the individual's ability, and other risk factors, as required. (f) The Director or Section Manager may request deactivation of Auxiliary communicators. The request must list the names, specific locations, and dates and times of Auxiliary Communicators to be deactivated. (g) The party not requesting deactivation shall approve or deny the deactivation request by responding to the deactivation requestor with the individual Auxiliary Communicator names approved for deactivation. The deactivation approvals must come no later than four hours following a deactivation request. History: Added Jan. 20, 2024, No. 8799, § 2, Sess. L. 2023, p. 213, 214; amended July 10, 2024, No. 8854, § 3, Sess. L. 2024, p. -.

(a) If requested by the Section Manager or designee, the Director shall establish a system in which an Auxiliary Communicator may obtain written proof of AuxComm participation to provide to the Auxiliary Communicator's employer or other entity as appropriate, which specifies: (1) The VITEMA activated the auxiliary communicator to assist in a disaster; (2) The name of the Auxiliary Communicator; (3) The beginning and ending date and times of the Auxiliary Communicator's involvement in supporting the VITEMA; and (4) Other details as appropriate. (b) Training exercises may be considered activations only if the Auxiliary Communicator is called to service by the VITEMA to volunteer in a training exercise drill or class conducted in preparation for a disaster, and the exercise, drill, or class is organized or under the direction of the VITEMA, or other VITEMA-approved agency. History: Added Jan. 20, 2024, No. 8799, § 2, Sess. L. 2023, p. 214.

(a) Auxiliary Communicators: (1) may not receive monetary compensation for their services; (2) may receive periodic meals, if served, at deployment locations; (3) at the sole discretion of the Director, may receive pre-paid gas coupons for assignments requiring driving lengthy mileage distances as determined by the Director; (4) are entitled to full pre-deployment payment of travel expenses if deployed to an island other than their island of residence; (5) are entitled to per-diem reimbursements, following proper expense documentation and approval in accordance with the VITEMA's expense reimbursement policy; and (6) are considered territorial members of the Civil Defense Volunteer Corps as defined in 24 V.I.C. § 282. (b) This section does not apply to a training exercise, drill, or class without the Director's consent and approval. History: Added Jan. 20, 2024, No. 8799, § 2, Sess. L. 2023, p. 214, 215.

Any Auxiliary Communicator who, having been activated according to the process in this subchapter, acting in the scope of their assignment, renders communications assistance to the territory is not liable for civil damages for any personal injuries or property damage that result from acts or omissions by the Auxiliary Communicator in rendering communications assistance, which may constitute ordinary negligence. This immunity does not apply to acts or omissions constituting gross, willful, or wanton negligence. History: Added Jan. 20, 2024, No. 8799, § 2, Sess. L. 2023, p. 215.

This chapter may be cited as The Virgin Islands Uniform Emergency Volunteer Health Practitioners Act. History: Added Apr. 7, 2010, No. 7156, § 1, Sess. L. 2010, p. 9.

As used in this chapter: (1) "Director" means the Director of the Virgin Islands Territorial Emergency Management Agency. (2) "Disaster relief organization" means an entity that provides emergency or disaster relief services that include health or veterinary services provided by volunteer health practitioners: (A) is designated or recognized as a provider of those services pursuant to a disaster response and recovery plan adopted by an agency of the federal government or the Virgin Islands; or (B) regularly plans and conducts its activities in coordination with an agency of the federal government or VITEMA. (3) "Emergency" means an event or condition that is an emergency or major disaster as defined in section 1004, subsections (a), paragraphs (1) & (2) of chapter 10 of this title. (4) "Emergency declaration" means a declaration of emergency issued by proclamation of the Governor pursuant to section 1005(d) of chapter 10 of this title. (5) "Emergency Management Assistance Compact" means the interstate compact approved by Congress by Public Law No. 104-321, 110 Stat. 3877 and established in chapter 10, subchapter III of this title. (6) "Entity" means a person other than an individual. (7) "Health facility" means an entity licensed under the laws of the Virgin Islands or the laws of another state to provide health or veterinary services. (8) "Health practitioner" means an individual licensed under the laws of the Virgin Islands or another state to provide health or veterinary services. (9) "Health services" means the provision of treatment, care, advice or guidance, or other services or supplies, related to the health or death of individuals or human populations, to the extent necessary to respond to an emergency, including: (A) the following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body: (i) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; and (ii) counseling, assessment, procedures, or other services; (B) sale or dispensing of a drug, a device, equipment, or another item to an individual in accordance with a prescription; and (C) funeral, cremation, cemetery, or other mortuary services. (10) "Host entity" means an entity operating in the Virgin Islands which uses volunteer health practitioners to respond to an emergency. (11) "License" means authorization by a state to engage in health or veterinary services that are unlawful without the authorization. The term includes authorization under the laws of the Virgin Islands to an individual to provide health or veterinary services based upon a national certification issued by a public or private entity. (12) "Other law" means law other than the provisions in this chapter. (13) "Person" means an individual, corporation, business trust, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (14) "Scope of practice" means the extent of the authorization to provide health or veterinary services granted to a health practitioner by a license issued to the practitioner in the state in which the principal part of the practitioner's services are rendered, including any conditions imposed by the licensing authority. (15) "State" means a state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (16) "Territory" means the Virgin Islands. (17) "Veterinary services" means the provision of treatment, care, advice or guidance, or other services, or supplies, related to the health or death of an animal or to animal populations, to the extent necessary to respond to an emergency, including: (A) diagnosis, treatment, or prevention of an animal disease, injury, or other physical or mental condition by the prescription, administration, or dispensing of vaccine, medicine, surgery, or therapy; (B) use of a procedure for reproductive management; and (C) monitoring and treatment of animal populations for diseases that have spread or demonstrate the potential to spread to humans. (18) "VITEMA" means the Virgin Islands Territorial Emergency Management Agency established under title 3, section 23 of this Code. (19) "Volunteer health practitioner" means a health practitioner who provides health or veterinary services, whether or not the practitioner receives compensation for those services. The term does not include a practitioner who receives compensation pursuant to a preexisting employment relationship with a host entity or affiliate which requires the practitioner to provide health services in the Virgin Islands, unless the practitioner is not a resident of the Virgin Islands and is employed by a disaster relief organization providing services in the Virgin Islands while an emergency declaration is in effect. History: Added Apr. 7, 2010, No. 7156, § 1, Sess. L. 2010, pp. 9-11.

This chapter applies to volunteer health practitioners registered with a registration system that complies with section 1095 and who provide health or veterinary services in the Virgin Islands for a host entity while an emergency declaration is in effect. History: Added Apr. 7, 2010, No. 7156, § 1, Sess. L. 2010, p. 11.

(a) While an emergency declaration is in effect, VITEMA may limit, restrict, or otherwise regulate: (1) the duration of practice by volunteer health practitioners; (2) the geographical areas in which volunteer health practitioners may practice; (3) the types of volunteer health practitioners who may practice; and (4) any other matters necessary to coordinate effectively the provision of health or veterinary services during the emergency. (b) An order issued pursuant to subsection (a) may take effect immediately, without prior notice or comment. (c) A host entity that uses volunteer health practitioners to provide health or veterinary services in the Virgin Islands shall: (1) consult and coordinate its activities with the Director and the Commissioner of Health to the extent practicable to provide for the efficient and effective use of volunteer health practitioners; and (2) comply with any other laws relating to the management of emergency health or veterinary services. History: Added Apr. 7, 2010, No. 7156, § 1, Sess. L. 2010, p. 12.

(a) To qualify as a volunteer health practitioner registration system, a system must: (1) accept applications for the registration of volunteer health practitioners before or during an emergency; (2) include information about the licensure and good standing of health practitioners which is accessible by authorized persons; (3) be capable of confirming the accuracy of information concerning whether a health practitioner is licensed and in good standing before health services or veterinary services are provided under this chapter; and (4) meet one of the following conditions: (A) be an emergency system for advance registration of volunteer health-care practitioners established by a state and funded through the Department of Health and Human Services under section 319I of the Public Health Services Act, 42 USC, Section247d-7b; (B) be a local unit consisting of trained and equipped emergency response, public health, and medical personnel formed pursuant to Section 2801 of the Public Health Services Act, 42 U.S.C.300hh; (C) be operated by a: (i) disaster relief organization; (ii) licensing board; (iii) national or regional association of licensing boards or health practitioners; (iv) health facility that provides comprehensive inpatient and outpatient health-care services, including a tertiary care and teaching hospital; or (v) governmental entity; or (D) be designated by the Commissioner of Health as a registration system for purposes of this subsection. (b) While an emergency declaration is in effect, the Commissioner of Health, the Director or a person authorized to act on behalf of the Commissioner of Health or the Director, or a host entity, may confirm whether volunteer health practitioners utilized in this Territory are registered with a registration system that complies with subsection (a). Confirmation is limited to obtaining identities of the practitioners from the system and determining whether the system indicates that the practitioners are licensed and in good standing. (c) Upon request of a person in this Territory authorized under subsection (b), or a similarly authorized person in another state, a registration system located in this Territory shall notify the person of the identities of volunteer health practitioners and whether the practitioners are licensed and in good standing. (d) A host entity is not required to use the services of a volunteer health practitioner even if the practitioner is registered with a registration system that indicates that the practitioner is licensed and in good standing. History: Added Apr. 7, 2010, No. 7156, § 1, Sess. L. 2010, pp. 12-14.

States (a) While an emergency declaration is in effect, a volunteer health practitioner, registered with a registration system that complies with section 1095 and licensed and in good standing in the state upon which the practitioner's registration is based, may practice in the Virgin Islands to the extent authorized by this chapter as if the practitioner were licensed in the Territory. (b) A volunteer health practitioner qualified under subsection (a) is not entitled to the protections of this chapter if the practitioner is licensed in more than one state and any license of the practitioner is suspended, revoked, or subject to an agency order limiting or restricting practice privileges, or has been voluntarily terminated under threat of sanction. History: Added Apr. 7, 2010, No. 7156, § 1, Sess. L. 2010, p. 14.

(a) In this section: (1) "Credentialing" means obtaining, verifying, and assessing the qualifications of a health practitioner to provide treatment, care, or services in or for a health facility. (2) "Privileging" means the authorizing by an appropriate authority, such as a governing body, of a health practitioner to provide specific treatment, care, or services at a health facility subject to limits based on factors that include license, education, training, experience, competence, health status, and specialized skill. (b) This chapter does not affect credentialing or privileging standards of a health facility and does not preclude a health facility from waiving or modifying those standards while an emergency declaration is in effect. History: Added Apr. 7, 2010, No. 7156, § 1, Sess. L. 2010, p. 14.

Administrative Sanctions (a) Subject to subsections (b) and (c), a volunteer health practitioner shall adhere to the scope of practice for a similarly licensed practitioner established by the licensing provisions, practice acts, or other laws of the Virgin Islands. (b) Except as otherwise provided in subsection (c), this chapter does not authorize a volunteer health practitioner to provide services that are outside the practitioner's scope of practice, even if a similarly licensed practitioner in this Territory would be permitted to provide the services. (c) The Director may modify or restrict the health or veterinary services that volunteer health practitioners may provide pursuant to this chapter. (d) A host entity may restrict the health or veterinary services that a volunteer health practitioner may provide pursuant to this chapter. (e) A volunteer health practitioner does not engage in unauthorized practice unless the practitioner has reason to know of any limitation, modification, or restriction under this section or that a similarly licensed practitioner in this Territory would not be permitted to provide the services. A volunteer health practitioner has reason to know of a limitation, modification, or restriction or that a similarly licensed practitioner in this state would not be permitted to provide a service if: (1) the practitioner knows the limitation, modification, or restriction exists or that a similarly licensed practitioner in this state would not be permitted to provide the service; or (2) from all the facts and circumstances known to the practitioner at the relevant time, a reasonable person would conclude that the limitation, modification, or restriction exists or that a similarly licensed practitioner in this state would not be permitted to provide the service. (f) In addition to the authority granted by other Virgin Islands law to regulate the conduct of health practitioners, the appropriate licensing board in this Territory: (1) may impose administrative sanctions upon a health practitioner licensed in the Virgin Islands for conduct outside of the Territory in response to an out-of-state emergency; (2) may impose administrative sanctions upon a practitioner not licensed in the Virgin Islands for conduct in the Territory in response to an in-state emergency; and (3) shall report any administrative sanctions imposed upon a practitioner licensed in another state to the appropriate licensing board or other disciplinary authority in any other state in which the practitioner is known to be licensed. (g) In determining whether to impose administrative sanctions under subsection (f), the appropriate licensing board or other disciplinary authority shall consider the circumstances in which the conduct took place, including any exigent circumstances, and the practitioner's scope of practice, education, training, experience, and specialized skill. History: Added Apr. 7, 2010, No. 7156, § 1, Sess. L. 2010, pp. 14-16.

(a) This chapter does not limit rights, privileges, or immunities provided to volunteer health practitioners by other laws. Except as otherwise provided in subsection (b), this chapter does not affect requirements for the use of health practitioners pursuant to the Emergency Management Assistance Compact under section 1051 et seq. of this title. (b) The Director pursuant to the Emergency Management Assistance Compact may incorporate into the emergency forces of the Territory volunteer health practitioners who are not officers or employees of the Government of the Virgin Islands, an instrumentality of the Government or other political subdivision of the Government of the Virgin Islands. History: Added Apr. 7, 2010, No. 7156, § 1, Sess. L. 2010, p. 16.

The Director may promulgate rules to implement this chapter. In doing so the Director shall consult with and consider the recommendations of the Adjunct General and any entity delegated to coordinate the implementation of the Emergency Management Assistance Compact and shall also consult with and consider rules promulgated by similarly empowered agencies in other states to promote uniformity of application of this chapter and make the emergency response systems in the various states reasonably compatible. History: Added Apr. 7, 2010, No. 7156, § 1, Sess. L. 2010, p. 16.

Vicarious Liability (a) Subject to subsection (c), a volunteer health practitioner who provides health or veterinary services pursuant to this chapter is not liable for damages for an act or omission of the practitioner in providing those services. (b) No person is vicariously liable for damages for an act or omission of a volunteer health practitioner if the practitioner is not liable for the damages under subsection (a). (c) This section does not limit the liability of a volunteer health practitioner for: (1) willful misconduct or wanton, grossly negligent, reckless, or criminal conduct; (2) an intentional tort; (3) breach of contract; (4) a claim asserted by a host entity or by an entity located in this or another state which employs or uses the services of the practitioner; or (5) an act or omission relating to the operation of a motor vehicle, vessel, aircraft, or other vehicle. (d) A person that, pursuant to this chapter, operates, uses, or relies upon information provided by a volunteer health practitioner registration system is not liable for damages for an act or omission relating to that operation, use, or reliance, unless the act or omission is an intentional tort or is willful misconduct or wanton, grossly negligent, reckless, or criminal conduct. (e) In addition to the protections provided in subsection (a), a volunteer health practitioner who provides health or veterinary services pursuant to this chapter is entitled to all the rights, privileges, or immunities provided by 19 V.I.C. § 217, 23 V.I.C. § 1057, 24 V.I.C. § 282 and any other law granting such rights, privileges and immunities. History: Added Apr. 7, 2010, No. 7156, § 1, Sess. L. 2010, p. 17.

(a) In this section, "injury" means a physical or mental injury or disease for which an employee of this Territory who is injured or contracts the disease in the course of the employee's employment would be entitled to benefits under the workers' compensation law of this Territory. (b) A volunteer health practitioner who dies or is injured as the result of providing health or veterinary services pursuant to this chapter is deemed to be an employee of the Government of the Virgin Islands for the purpose of receiving benefits for the death or injury under the workers' compensation law of the Virgin Islands if: (1) the practitioner is not otherwise eligible for such benefits for the injury or death under the law of the Virgin Islands or another state; and (2) the practitioner, or in the case of death, the practitioner's personal representative, elects coverage under the workers' compensation law of the Virgin Islands by making a claim under that law. (c) The Commissioner of the Virgin Islands Department of Labor shall adopt rules, enter into agreements with other states, or take other measures to facilitate the receipt of benefits for injury or death under the workers' compensation law of the Virgin Islands by volunteer health practitioners who reside in other states, and may waive or modify requirements for filing, processing, and paying claims that unreasonably burden the practitioners. To promote uniformity of application of this chapter with other states that enact similar legislation, the Commissioner of Labor shall consult with and consider the practices for filing, processing, and paying claims by agencies with similar authority in other states. History: Added Apr. 7, 2010, No. 7156, § 1, Sess. L. 2010, p. 18.

In applying and construing this chapter, as a "uniform act", consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: Added Apr. 7, 2010, No. 7156, § 1, Sess. L. 2010, p. 18.

If any provision of this chapter, or the application of any such provision to any person, thing, or circumstance, is determined by any court of competent jurisdiction to be invalid, the determination of invalidity does not affect, impair, or invalidate the other provisions, or the application of the other provisions of this chapter which can be given effect without the invalid provision or application, and to effect this purpose the provisions of this chapter are severable. History: Added Apr. 7, 2010, No. 7156, § 1, Sess. L. 2010, pp. 18, 19.

History: Repealed. July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

History: Repealed. July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

History: Repealed. July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

History: Repealed. July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

History: Repealed. July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

History: Repealed. July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

History: Repealed. July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

History: Repealed. July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

History: Repealed. July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

History: Repealed. July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

History: Repealed. July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

History: Repealed. July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

History: Repealed. July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

History: Repealed. July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

History: Repealed. July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

History: Repealed. July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

History: Repealed. July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

History: Repealed. July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

History: Repealed. July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

History: Repealed. July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

History: Repealed. July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

History: Repealed. July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

History: Repealed. July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

History: Repealed. July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

History: Repealed. July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

History: Repealed. July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

History: Repealed. July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

History: Repealed. July 2, 2009, No. 7074, § 1, Sess. L. 2009, p. 56.

(a) There is established an organization of public safety and relief to be known as the Virgin Islands Police Auxiliary. (b) Provided that all provisions of this chapter are fulfilled, the Virgin Islands Police Auxiliary may be composed of such Home Guard units as are now in existence in the Virgin Islands at the time of the effective date of this Code or such Police Auxiliary Units as may hereafter be established. History: Amended Apr. 3, 1978, No. 4115, § 2(a), (b), Sess. L. 1978, p. 53.

(a) The Police Commissioner shall act as the Commanding Officer of the Police Auxiliary and shall coordinate, supervise and direct the Police Auxiliary, subject to the approval of the Governor. (b) The Governor shall act as the Chief Executive Officer of the Police Auxiliary. History: Amended Apr. 3, 1978, No. 4115, § 2(a), Sess. L. 1978, p. 53; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

The Police Commissioner shall by regulations approved by the Governor provide for the organization of the Police Auxiliary including- (1) numerical membership; (2) number and rank of officers; (3) physical and moral qualifications for enlistment; and (4) such other matters as may be required for the proper functioning of the Police Auxiliary. History: Amended Apr. 3, 1978, No. 4115, § 2(a), Sess. L. 1978, p. 53; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

(a) Membership in the Virgin Islands Police Auxiliary shall be voluntary and limited to able-bodied male or female citizens of the United States and/or permanent residents of the Virgin Islands who are between the ages of eighteen and fifty. (b) Members of the Police Auxiliary shall work a minimum of twenty (20) hours per month unless otherwise ordered by the Commissioner of Police. History: Amended July 25, 1973, No. 3466, § 5, Sess. L. 1973, p. 233; Apr. 3, 1978, No. 4115, § 2(c), Sess. L. 1978, p. 53; Nov. 3, 1994, No. 6037, § 5(a), Sess. L. 1994, p. 266.

The selection of persons for enlistment in the Police Auxiliary shall be made in an impartial manner and without discrimination against any person on account of creed, race, or color. History: Amended Apr. 3, 1978, No. 4115, § 2(a), Sess. L. 1978, p. 53; Nov. 3, 1994, No. 6037, § 5(b), Sess. L. 1994, p. 266.

Payment shall be made to members of the Police Auxiliary, who are ordered to duty by the Police Commissioner or his authorized designee. Such payment shall be made in accordance with Title 3, section 566 of this Code, out of any annual appropriation therefor to the U.S. Virgin Islands Police Department (V.I.P.D.). Members of the Police Auxiliary who work a minimum of 40 hours per week shall be entitled to leave benefits as prescribed by Title 3, subchapter VI of this Code and shall be eligible to participate in the Government Employees Retirement System. All members of the Police Auxiliary shall be eligible to receive workmen's compensation in accordance with Title 24, section 282 of this Code and payment granted by this section shall not be considered monetary compensation for the purposes of Title 24, section 282, subsection (b) of this Code. Members of the Police Auxiliary shall be paid a minimum of 75% of the beginning hourly wages of a police officer while called to duty by the Governor, Commissioner of Police or his designee. The Police Commissioner or his designee is authorized to negotiate for the deployment of the auxiliary police within other government agencies and instrumentalities subject to the availability of personnel. History: Amended June 14, 1960, No. 613, Sess. L. 1960, p. 126; Apr. 3, 1978, No. 4115, § 2(a), Sess. L. 1978, p. 53; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; Dec. 19, 1984, No. 5028, § 2, Sess. L. 1984, p. 410; Nov. 3, 1994, No. 6037, § 5(c), Sess. L. 1994, p. 266.

Members of the Police Auxiliary shall cooperate with the police force at all times and shall perform such other duties as may be prescribed by the Governor. When on duty or during times of emergency declared by the Governor, members of the Police Auxiliary shall have peace officer status as authorized in Title 5, chapter 305, Virgin Islands Code. History: Amended Apr. 3, 1978, No. 4115, § 2(a), Sess. L. 1978, p. 53; Nov. 3, 1994, No. 6037, § 5(d), Sess. L. 1994, p. 266.

The Commanding Officer may give the oath of allegiance to the members of the Police Auxiliary and promote from the ranks, in accordance with regulations issued pursuant to section 1153 of this title, the noncommissioned officers necessary for the proper functioning of the organization. History: Amended Apr. 3, 1978, No. 4115, § 2(a), Sess. L. 1978, p. 53.

There is hereby established within the U.S. Virgin Islands Police Department (V.I.P.D.), Junior and Senior Police Cadet Corps Training Programs for the purpose of training young men and women in police work and to serve as a source of manpower for recruitment into the Police Force of the Virgin Islands. History: Added Apr. 18, 1967, No. 1916, Sess. L. 1967, p. 109; amended Oct. 3, 1973, No. 3486, § 1, Sess. L. 1973, p. 248; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

The Police Commissioner shall be directly responsible for the supervision and operation of the Police Cadet Corps Training Programs. Professional services may be retained for training purposes. History: Added Apr. 18, 1967, No. 1916, Sess. L. 1967, p. 109; amended Oct. 3, 1973, No. 3486, § 1, Sess. L. 1973, p. 248; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

The Police Commissioner shall issue, with the approval of the Governor, necessary regulations to govern the operation of the Police Cadet Corps Training Programs, including- (a) numerical membership; (b) number and rank of officers; (c) physical and moral qualification for enlistment; and (d) such other matters as may be required for the proper functioning of the Police Cadet Corps Training Programs; Provided, That there shall be branches of the program in Charlotte Amalie, Christiansted, Frederiksted and St. John. History: Added Apr. 18, 1967, No. 1916, Sess. L. 1967, p. 109; amended Oct. 3, 1973, No. 3486, § 1, Sess. L. 1973, p. 248; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

(a) Membership in the Junior Police Cadet Corps Training Program shall be voluntary and limited to able- bodied citizens of the United States who have resided in the Virgin Islands for not less than one year, and who are students in good standing in recognized high schools. (b) Membership in the Senior Police Cadet Corps Training Program shall be voluntary and limited to able- bodied citizens of the United States who have resided in the Virgin Islands for not less than one year, who have attained their eighteenth birthday and have received a diploma pursuant to the provisions of Title 17 of this Code. (c) Junior Police Cadets upon the completion of a minimum of two years' training or such additional training not to exceed one year, as the Police Commissioner may require, may be appointed members of the Police Force. (d) Senior Police Cadets upon the completion of a minimum of one year's training or such additional training not to exceed one year, as the Police Commissioner may require, may be appointed members of the Police Force. (e) The Police Commissioner shall have the authority to waive the age requirement for membership in the Senior Police Cadet Corps Training Program for applicants who have attained their sixteenth birthday and who have graduated from a recognized high school or have received a diploma pursuant to Title 17 of this Code. (f) Police Cadets shall not carry firearms or otherwise exercise the powers of peace or police officers; Provided, however, That when so directed in the line of duty by an immediate supervising Police Officer, Police Cadets are authorized to assist in making arrests and otherwise enforcing the laws and shall under such circumstances, enjoy the benefits and protections accorded members of the Police Force under the laws of the Virgin Islands. History: Added Apr. 18, 1967, No. 1916, Sess. L. 1967, p. 109; July 7, 1967, No. 2004, § 1, Sess. L. 1967, p. 366; amended Oct. 3, 1973, No. 3486, § 1, Sess. L. 1973, p. 249; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

The selection of young men and women for enlistment in the Police Cadet Corps Training Programs shall be made in an impartial manner and without discrimination against any person on account of creed, race, color or national origin. History: Added Apr. 18, 1967, No. 1916, Sess. L. 1967, p. 109; amended Oct. 3, 1973, No. 3486, § 1, Sess. L. 1973, p. 249.

(a) The Police Commissioner shall develop and institute courses of instructions in police work, including maintaining and preserving public order; prevention, detection and repression of crime; and protection of person and property. He shall also institute physical fitness programs as required in the best interest of the Corps, and shall designate from time to time such other additional and further duties as the Commissioner shall deem necessary. (b) The Commissioner shall recommend members of the Training Program to receive scholarships to training schools and police forces in the continental United States for the purpose of further training. There is hereby authorized to be appropriated such sums as the Legislature, on the recommendation of the Police Commissioner, determines to be necessary for the purposes of this section. History: Added Apr. 18, 1967, No. 1916, Sess. L. 1967, p. 109; amended Oct. 3, 1973, No. 3486, § 1, Sess. L. 1973, p. 250; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

Where otherwise qualified, and notwithstanding any other provisions of law, members of the Police Cadet Corps in good standing shall be given priority when recruiting members for the Police Force in the Virgin Islands. History: Added Apr. 18, 1967, No. 1916, Sess. L. 1967, p. 109.

Cadet Corps Trainees in the Police Cadet Corps shall, after sufficient training, be assigned to appropriate police duty and shall be entitled to a cash allowance to be determined by rules and regulations promulgated by the Police Commissioner and approved by the Governor; Provided, however, That a minimum weekly attendance for training and instructions shall be complied with by each trainee. Such cash allowances shall be made out of any annual appropriation to be made therefor to the U.S. Virgin Islands Police Department (V.I.P.D.). Notwithstanding any of the foregoing, members of the Police Cadet Corps shall not, by virtue of their service as such members, be considered employees of the Government of the Virgin Islands, and shall not be entitled, on account of such service, to leave benefits, to participation in the Employees Retirement System of the Government of the Virgin Islands, or to any similar benefit or program. Trainees of the Police Cadet Corps shall, however, receive workmen's compensation in accordance with the provisions of section 282 of Title 24, and the payment granted by this section shall not be considered monetary compensation within the meaning of subsection (b) of section 282 of Title 24. History: Added Apr. 18, 1967, No. 1916, Sess. L. 1967, p. 109; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

(a) There is established within the Virgin Islands Police Department, a Peace Officer Standards and Training Council, hereinafter referred to in this chapter as the "Council". (b) As used in this chapter, unless the context otherwise requires: (1) "Candidate" means a prospective peace officer who has not yet been certified by the Council as having met the requirements of this chapter. (2) "Council" means the Virgin Islands Peace Officer Standards and Training Council. (3) "Department Head" means the head of any department or agency of the Government of the Virgin Islands where a peace officer is employed. (4) "Peace Officer" means a peace officer as defined under title 5, section 3561, of this code. (5) "Law Enforcement Unit" means the peace officers whose primary duty is detecting and enforcing the laws of the Virgin Islands. (6) "School" includes any school, college, university, academy, or training program approved by the Council that offers basic or advanced law enforcement training that includes a combination of a course curriculum, instructors and facilities. History: Added Feb. 1, 2001, No. 6391, § 2(g)(1), Sess. L. 2000, p. 566.

(a) The Peace Officers Standards and Training Council shall be comprised as follows: (1) The Police Commissioner; (2) The Attorney General or his designee; (3) Director of the Virgin Islands Fire Services or his designee; (4) Police Chiefs from the Districts of St. Croix, St. Thomas, and St. John; (5) The Director of Enforcements for the Department of Planning and Natural Resources; (6) The Director of the Department of Corrections; and (7) The Chief Justice of the Supreme Court. (b) All members shall serve no longer than the term of their respective government positions. The members of the Council shall receive no salary but shall be reimbursed for their reasonable and necessary expenses actually incurred in the performance of their functions, nor shall their annual leave be reduced because of their work on the Council; (c) The Director of the Virgin Islands Police Academy, the Director of the Institute of Law and Government of the University of the Virgin Islands, or his designee, and one Union Representative from each peace officer agency shall serve on the Council in an advisory capacity only, without voting privileges. Membership on the Council does not constitute public office and no member shall be disqualified from holding public office by reason of his membership; the Governor may request the assistance of the special agent in charge of the Virgin Islands Division of the Federal Bureau of Investigation. History: Added Feb. 1, 2001, No. 6391, § 2(g)(1), Sess. L. 2000, p. 566; amended July 30, 2016, No. 7888, § 9(a), Sess. L. 2016, p. 113.

(a) The Council at its initial meeting, which shall be held promptly after the appointment of its members, shall elect a Chairman, a Vice Chairman, and a Secretary Treasurer, from among its members who shall serve until the first meeting in the succeeding year. Thereafter the chairman, vice-chairman and secretary- treasurer shall be elected at the first meeting of each calendar year. (b) Four members of the Council shall constitute a quorum for the transaction of business. (c) The Council shall maintain minutes of its meetings and such other records as it considers necessary. (d) The Council shall report, at least annually, to the Governor and to the Legislature of the Virgin Islands all of its activities. History: Added Feb. 1, 2001, No. 6391, § 2(g)(1), Sess. L. 2000, p. 566.

(a) The Council is vested with the following functions and powers to: (1) Meet at such times and places as it may consider necessary; (2) Contract with other agencies, public or private, or persons as it considers necessary for the rendering and affording of such service, facilities, studies and reports to the Council as will best assist it to carry out its duties and responsibilities; (3) Participate with and secure the cooperation of every department, agency or instrumentality in the furtherance of the purpose of this chapter; (4) Establish the standards for training of personnel to staff the territorial Police and Correction Training Academy; (5) Determine the qualifications for acceptance to the Territorial Peace Officers Standardized Training School; (6) Establish the minimum requirements for employment as a temporary, probationary, emergency, and/or part-time position as a peace officer; (7) Develop the curriculum and course of study for the certification of a peace officer; (8) Establish the requirements for peace officers to be re-certified on an annual basis; (9) Certify all peace officers within the Territory; (10) Approve schools and prescribe minimum qualifications for instructors at approved schools and to train instructors; (11) Determine whether a candidate has met the requirements of this chapter and is qualified to be employed as a peace officer, and to issue a certificate to those qualified; (12) Certify to the law enforcement or corrections unit on the candidate's successful completion of the course; (13) Do any and all things necessary or convenient to enable it wholly and adequately to perform its duties and to exercise the power granted to it; (14) Establish curriculum composing the basic training course; (15) Adopt such rules and regulations as are necessary to carry out the purposes of this chapter, including but not limited to, the following: (A) To prescribe forms to be used by the law enforcement and correction units in obtaining data required on a candidate, e.g. personal history, medical history, doctors certificate, training certificated, internal investigation, or other forms that the Council deem necessary for record- keeping purposes under this chapter; (B) To establish administrative standards and procedures to be implemented by law enforcement and correction units under this chapter; and (C) To establish the degree and proficiency a candidate must achieve to satisfactorily complete the training requirements under this chapter. (16) Establish the grounds for suspension and termination for the certification of peace officers within the Territory; (17) Determine the length of time and conditions of which a peace officer may serve in a probationary temporary or emergency position; and (18) Require that any law enforcement agency within the Territory in which any peace officer shall resign or in which any peace officer's employment is terminated or suspended as a result of disciplinary action or investigation of a matter which may warrant disciplinary action shall within thirty (30) days of such action, submit a written report of the Council as to the nature of the action and the agency's justification for the action. History: Added Feb. 1, 2001, No. 6391, § 2(g)(1), Sess. L. 2000, p. 566.

Department (a) The policies and programs for the Council shall be implemented by the Police Department. (b) The Council's staff, clerical and technical assistants and other personnel, supplies, material, equipment, and other articles necessary for the purpose of this chapter, shall be provided by the Police Department. (c) (1) The funds necessary to carry out the provisions of this chapter shall come from the funds appropriated and available to the Police Department or from any other available funds; and (2) The Council may accept and use gifts, grants and donations for the purpose of carrying out the provision of this chapter. (d) The Commissioner of Finance shall annually forward to the Governor and Legislature a detailed accounting of the disbursements and the unobligated balance from the Fund. History: Added Feb. 1, 2001, No. 6391, § 2(g)(1), Sess. L. 2000, p. 566.

After the effective date of this chapter, any person employed or certified as a peace officer shall: (a) Be at least twenty-one years of age; (b) Be a citizen of the United States; (c) Have a high school diploma or its recognized equivalent; (d) Not have been convicted, by any State or Territory or by the Federal Government, of any crime, the punishment for which could have been imprisonment in a federal, Territory or State prison or institution; nor shall the person have been convicted of sufficient misdemeanors to establish pattern of disregard for the law; (e) Be finger printed and be subject to a search made of local, State and National fingerprint files to disclose any criminal record; (f) Possess good moral character as determined by investigation under procedure established by the Council; (g) Have an oral interview with the hiring authority or his representative(s) to determine such things as a applicant's appearance, background and ability to communicate; (h) Be found, after examination by a licensed physician or surgeon, to be free from any physical, emotional, or mental conditions that might adversely affect his exercising the powers or duties of a peace officer. History: Added Feb. 1, 2001, No. 6391, § 2(g)(1), Sess. L. 2000, p. 566.

(a) In addition to complying with the pre-employment standards as set forth in section 1206 of this chapter every candidate shall satisfactorily complete at least a basic course of at least 10 hours of instruction, hereinafter, referred to as "basic" course, within 12 months of the date of his appointment as a peace officer; however, an extension of the 12 months time limit may be granted by the Council upon the presentation of evidence by a department head that a candidate was unable to complete the basis course due to illness, injury, military service, or other reasons deemed sufficient by the Council. Any such extension shall not exceed three months in duration. The Council shall have the authority to recognize instruction received by a candidate if, in the determination of the Council, such instruction is at least equivalent to that required by this chapter. If such instruction is recognized then it shall be in lieu of part or parts of the minimum hours of instruction required for the certification by this chapter. Should any candidate fail to successfully complete the basic training requirements within the time specified in this section, he shall not perform any of the duties of a peace officer involving the power of arrest until such training shall have been successfully completed. (b) The basic course shall be completed at the Virgin Islands Police Academy or any other school approved by the Council which provides the courses as established by the Council, and shall include a basic Red Cross First Aid course consisting of ten hours. (c) The provisions of this chapter establish only the minimum qualification standards and training requirements for peace officers in the Virgin Islands; each law enforcement unit is encouraged to prescribe such additional requirements as it deems necessary and appropriate. (d) Each law enforcement unit shall prepare duplicate records on any candidate or peace officer employed under the provisions of this chapter as may be prescribed by the rules and regulations of the Council. One copy of the record shall be maintained in the headquarters of the law enforcement unit; the second copy shall be forwarded to the Council and shall be maintained at the Police Department. The contents of these records, except for court proceedings, shall be considered as confidential. History: Added Feb. 1, 2001, No. 6391, § 2(g)(1), Sess. L. 2000, p. 566.

(a) None of the provisions of this section shall apply to peace officers employed by law enforcement units in the territory on the effective date of this section. On the effective date of this chapter, an employed peace officer may choose to be certified under this chapter, and if so the Council shall have the authority to recognize equivalent instruction received by the peace officer before the effective date of this chapter. If such instruction is recognized then it shall be in lieu of part or parts of the minimum hours of instruction required for certification by this chapter. After the effective date of this section, no peace officer may be permanently employed, except as otherwise provided in this chapter, by any law enforcement unit without certification from the Council that the candidate had met the requirements provided for in this chapter. (b) The provisions of this chapter shall not apply to emergency peace officers. For purposes of this section "emergency peace officers" means any peace officer who is employed or appointed to act as a peace officer during an emergency or disaster, which has been so declared by the Governor, and whose status as a peace officer is intended to be temporary and for that limited purpose. (c) A peace officer so employed who does not comply with the provisions of this section shall not be authorized to exercise the powers of law enforcement officers, generally, and particularly shall not be authorized to exercise the power of arrest, and any arrest so made shall be deemed illegal, and any proceeding under it null and void. History: Added Feb. 1, 2001, No. 6391, § 2(g)(1), Sess. L. 2000, p. 566.

The following term shall, unless the context otherwise indicates, have the following respective meanings; (a) Private investigative agency means and includes any person, firm, company, partnership or corporation, engaged in the business of furnishing for hire private investigations and which employs one or more full- time or part-time private investigators. (b) Watchman, guard or patrol agency means and includes any person, firm, company, partnership or corporation, engaged in the business of furnishing for hire watchman, guard or patrolman services and which employs one or more full-time or part-time watchmen, guards or patrolmen. (c) Private detective means and includes any person engaged in the business of private investigations but who does not employ any full-time or part-time private investigators. (d) Watchman, guard, or patrol contractor means and includes any person, who as an independent contractor, and not as an employee, engages in the business of furnishing for hire watchman, guard or patrol service which is performed by himself and who does not hire any full-time or part-time watchman, guard or patrolman. (e) Private investigator means and includes anyone who performs the services of private investigation, or who directly supervises others in the performance of such services. (f) Private investigation means and includes investigation by a person or persons for the purpose of obtaining information with reference to any of the following matters: (1) Crime or wrongs done or threatened against the United States or any state or territory of the United States; (2) The identity, habits, conduct, movement, whereabouts, affiliations, associations, transactions, reputation or character of any person, group or persons, association, organization, society, other group of persons or partnership or corporation; (3) The credibility of witnesses or other persons; (4) The whereabouts of missing persons; (5) The location or recovery of lost or stolen property, including the business of repossessing or finance adjusting; (6) The causes and origin of, or responsibility for fires, or libels, or slanders, or losses, or accidents, or damage, or injuries to real or personal property; (7) The affiliation, connection or relation of any person, partnership or corporation with any union organization, society or association or with any official member representative hereof; (8) With reference to any person seeking employment in the place of any person who has quit work by reason of any strike; (9) With reference to the conduct, honesty, efficiency, loyalty of activities of employees, agency, contractors and subcontractors; (10) The business of securing evidence to be used before investigating committees, boards of award, or arbitration; or in the trial of civil or criminal cases and the preparation therefor; (11) The conducting of studies or surveys to determine methods and means of providing security for the person requesting the studies or surveys; (12) The giving of detection of deception examinations. (g) Watchman, guard or patrolman mean and include persons who directly supervise others, or who themselves, separately or collectively, guard persons or property or attempt to prevent theft or unlawful taking of goods, wares and merchandise, or attempt to prevent the misappropriation or concealment of goods, wares or merchandise, money, bonds, stocks, choses in action, notes, or other valuable documents, papers and articles of value, or to procure the return thereof, or who perform the services of such watchman, guard or patrolman, or other person for any of said purposes, but exempting armored car services when such armored car services are regulated in any manner by the Police Commissioner. (h) Licensee means and includes any person, firm, company, partnership or corporation licensed under this chapter. (i) The personal pronoun he implies the impersonal pronoun it. (j) The word Commissioner means the Police Commissioner. History: Added May 28, 1971, No. 3056, § 1, Sess. L. 1971, p. 200; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

(a) The Commissioner is hereby vested with power, jurisdiction and authority to issue and revoke licenses to private investigative agencies, watchman, guard or patrol agencies, private detectives and watchman, guard or patrol contractors therefor, to deny such applicants a license or to suspend a license for reasonable period, or to assess a civil penalty against the licensee in an amount not to exceed $100. The Commissioner shall have the power, jurisdiction and authority to promulgate reasonable rules and regulations in the exercise of his powers hereunder, for the conduct of the business of private investigative agencies, private detective, and watchman, guard or patrol contractors, watchman, guard or patrol agencies, not in conflict with the constitution and laws of the United States or of the Virgin Islands. (b) No person, firm, company, partnership or corporation shall furnish private investigations, watchman, guard or patrolman services, nor shall he advertise, solicit nor in any way promise nor inform anyone that he will perform such services without receiving from the Commissioner a license as provided herein. History: Added May 28, 1971, No. 3056, § 1, Sess. L. 1971, p. 202.

Each person, partner, or in the case of corporation each corporate officer, shall file with the Commissioner a written application accompanied by a fee of $25 to cover costs. The fee shall not be rebatable. The written application shall be in accordance with the following provisions: (1) If the applicant is an individual the application shall be signed and verified by the individual; (2) If the applicant is a firm or partnership a separate application shall be signed and verified by each individual composing or intending to compose, in the immediate future, such firm or partnership; (3) If the applicant is a corporation a separate application shall be signed and verified by each officer (not including assistant secretaries or assistant treasurers) thereof; (4) The application shall contain the following information concerning the individual signing the same: (a) Full name and title of position held with applicant; (b) Age, date and place of birth; (c) The present residence address and the residence within the five years immediately preceding the submission of the application; (d) Occupations held presently and within the five years immediately preceding the submission of the application; (e) A statement that he is a citizen of the United States and over the age of twenty-one years; (f) The address of the principal place in which the business is to be conducted; (g) The address of all branch offices within the Virgin Islands; (h) The name under which the business is to be conducted; (i) The names and addresses of all partners or officers and directors, as the case may be; (j) A full set of fingerprints and a photograph of the signatory taken within two years immediately preceding the submission of the application; (k) A statement of the experience of the signatory which he believes would qualify him, his firm or his corporation for a license under this chapter; (l) A statement of any or all arrests of the signatory; (m) Such further facts as may be required by the Commissioner to show that the person signing the application is competent, honest, truthful, trustworthy, of good character and bears a reputation for fair dealing. History: Added May 28, 1971, No. 3056, § 1, Sess. L. 1971, p. 202.

Every corporation applying for a license hereunder must be organized or authorized to do business, under the laws of the Virgin Islands. All applicants for licenses under this chapter who are natural persons, and all officers of corporate applicants must be citizens or permanent residents of the United States, and at least the president if he actively directs the business of the corporation or in the event the president does not actively direct the corporative business then the officer who does actively direct the business of the corporation shall have had at least three years experience. Provided, however, where the applicant is the purchaser of an existing agency, the experience requirement may, in the discretion of the Commissioner, be reduced to one year. History: Added May 28, 1971, No. 3056, § 1, Sess. L. 1971, p. 204.

Officer After filing the application, unless the Commissioner declines to issue the license, or revokes it after issuance, all private investigative agencies, and all watchman, guard or patrolman agencies, shall notify the Commissioner within ten days of the removal, replacement or addition of any or all partners and officers of the corporate agency, and upon receipt of application forms from the Commissioner, shall cause the same to be completed by the new partner or officer and the same shall be filed with the Commissioner and an application fee of $25 paid. The agency's good standing under this chapter shall be contingent upon the Commissioner's approval of any such new partner or officer. History: Added May 28, 1971, No. 3056, § 1, Sess. L. 1971, p. 204.

(a) The license fees applicable to the licenses required under the provisions of this subchapter shall be established by regulations promulgated from time to time in accordance with law by the Police Commissioner, with the approval of the Governor. Such license fees shall not exceed the reasonable administrative costs incurred by the U.S. Virgin Islands Police Department (V.I.P.D.) in implementing the licensing provisions of this subchapter. (b) License fees shall be paid to the Commissioner at the time the application is made. If the Commissioner declines to issue a license the fee shall be returned to the applicant. Once a license is issued, if it is subsequently revoked, the license fee shall not be returned to the licensee. The holder of all types of licenses may furnish only the services described under the definition for that type of license contained in section 1301 of this chapter. History: Added May 28, 1971, No. 3056, § 1, Sess. L. 1971, p. 204; amended Oct. 30, 1972, No. 3328, § 1, Sess. L. 1972, p. 478; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

The Police Commissioner shall make such individual investigation of applicants for licenses under this chapter as he may deem necessary. History: Added May 28, 1971, No. 3056, § 1, Sess. L. 1971, p. 205; amended June 15, 1984, § 1(b), Sess. L. 1984, p. 177.

(a) When the Commissioner shall be satisfied of the good character, competency and integrity of the applicant, or if the applicant be a firm or partnership, the individual members thereof, or, if the applicant be a corporation, the officers thereof, he shall inform the applicant of his findings and that license shall be issued upon the applicant's posting a licensee's bond as provided in section 1309 of this chapter. Upon the posting of such licensee's bond, the Commissioner shall issue and deliver to such applicant a license to conduct the type of business applied for at the premises stated in the application. Such license shall not be transferable and shall be revoked or cancelled only by the Commissioner. (b) Grounds for denial of license shall be: (1) Conviction of a felony in the Virgin Islands or any other jurisdiction where civil rights have not been restored. (2) Conviction of a crime involving moral turpitude or dishonest dealings. (3) Lack of United States citizenship, permanent resident status or has not reached his 21st birthday. (4) Failure to meet the experience qualifications required under the provisions of this chapter; (5) Failure to meet character qualifications; (6) Falsifying application for license; (7) Conducting business without benefit of proper license; (8) Failure to meet any qualification or requirement prescribed in this chapter, or for any cause which, if the applicant had already been licensed hereunder, would be grounds for revocation of such license. History: Added May 28, 1971, No. 3056, § 1, Sess. L. 1971, p. 205.

(a) The licensee's bond referred to in section 1308 of this chapter shall be surety bond executed by the applicant and two or more sureties, or by a surety company authorized to do business in the Virgin Islands, payable to the Government of the Virgin Islands in the sum of $50,000 conditioned upon the faithful and honest conduct and performance by the licensee of the business so licensed. If any person shall be aggrieved by the misconduct of any such licensed agency, such person may maintain an action in his own name upon the bond of said agency, in any court having jurisdiction of the amount claimed. Any remedies given by this section shall not be exclusive of any other remedy which would otherwise exist. (b) With respect to private investigating agencies, private investigators and private detectives only, the Police Commissioner, with the approval of the Governor, may waive the bonding requirement of subsection (a) hereof, in whole or in part, if he shall find that: (1) It is an unreasonable financial hardship for such licensee to obtain a bond as required by subsection (a) hereof for reasons other than those specified under the provisions of section 1308(b) of this title; and (2) Such licensee provides in the alternative such commercial assurance of faithful performance, including but not limited to liability insurance, as may be required under rules and regulations promulgated by the Police Commissioner in accordance with the provisions of Title 3, cTitle 335 of the Code; and (3) Such licensee has provided such other assurance of faithful performance in the conduct of the business so licensed, in addition to that required pursuant to subsection (2) hereof, as the Police Commissioner may require with the approval of the Governor. History: Added May 28, 1971, No. 3056, § 1, Sess. L. 1971, p. 205; amended Oct. 30, 1972, No. 3328, § 2, Sess. L. 1972, p. 479; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; Oct. 16, 1984, No. 4999, § 2(b), Sess. L. 1984, p. 268.

Each agency must be under the direct supervision of the owner or corporate officer upon whose qualifications the agency is licensed. History: Added May 28, 1971, No. 3056, § 1, Sess. L. 1971, p. 206.

(a) The license issued pursuant to this chapter shall be for a period of one year and shall be in such form as may be determined by the Commissioner, but shall at least specify the name under which the applicant is to operate, the address of the principal place of business, the date on which it will expire, the full name and titles of the persons who submitted application forms and the number of the license. (b) The license shall at all times be posted in a conspicuous place in the principal place of business of the licensee in the Virgin Islands. (c) (1) The Commissioner shall upon application and payment of fee issue a separate license for each branch office mentioned in the application. Said license shall be in a form designed by the Commissioner but it shall at least specify the name under which the licensee operates, its license number and the address of the location to which the license applies. Each branch office must be under the supervision of a licensed owner, partner, corporate officer or other person licensed to perform the services offered by the agency. (2) No license shall be valid to protect any business transacted at any place other than that designated in the license unless consent is first obtained from the Commissioner and until written consent of the surety or sureties on the bond required to be filed by section 1309 of this chapter to such transfer be filed with the original bond and the change of location of licensee provisions of section 1314 of this chapter be complied with. Such license shall not be valid to protect any licensee who engages in the business under any name other than that specified in said license. A license issued under this chapter shall not be assignable and no licensee shall conduct a business under a fictitious name unless and until it has obtained the written authorization of the Commissioner to do so. The Commissioner shall not authorize the use of a fictitious name which is so similar to that of a public officer or agency, or of that used by another licensee, that the public may be confused or misled thereby. The authorization for the use of such name the filing of a certificate of doing business under a fictitious name under chapter 21 of Title 11 of this code. No licensee shall be permitted to conduct business under more than one name except as licensed. A licensee desiring to change its licensed name at any time except upon renewal of license shall notify the Commissioner and pay a fee of $10 for each authorized change of name; and upon returning the license to the Commissioner with a certificate from his surety on the bond provided for in section 1309 of this chapter, to the effect that said bond covers the licensee's new name, the newly authorized name shall then be entered upon the license and same returned to the licensee. (d) It shall be the duty of every licensee to furnish all of its partners and officers, as the case may be, and all employees who are private investigators or watchmen, guards and patrolmen, and to furnish himself in the case of a private detective or watchman, guard or patrolman contractor, an identification card. Such card shall be in a form and design as may be approved by the Commissioner, but shall specify at least the name of the holder of the card, the name and number of the licensee, and be signed by a representative of the licensee and by the holder of the card. History: Added May 28, 1971, No. 3056, § 1, Sess. L. 1971, p. 206.

(a) This part shall not apply: (1) To any detective or officer belonging to the agencies of the United States or the Government of the Virgin Islands, while any such officer is engaged in the performance of his official duties. (2) To special police officers appointed by the Commissioners or members of the Police Auxiliary while any such officer is engaged in the performance of his official duties. (3) To insurance investigators or adjusters licensed as such. (4) To any person employed as special agent, detective or private investigator exclusively in connection with the affairs of that employer. (5) To any person, firm, company, partnership, corporation, or any bureau or agency whose business is exclusively the furnishing of information as to the business and financial standing, and credit responsibility of persons, firms, or corporations, or as to the financial responsibility of applicants for insurance, indemnity bonds or commercial credit. (6) To any corporation duly authorized by the Government of the Virgin Islands to operate a central burglar or fire alarm protection business. (7) Attorneys or counsellors at law in the regular practice of their profession, but such exemption shall not inure to the benefit of any employee or representative of such attorney or counsellor at law who is not employed solely, exclusively and regularly by such attorney or counsellor at law. (b) No person, firm, company, partnership, corporation or any bureau or agency, exempted hereunder from the application of this chapter, shall perform any manner of private investigator or watchman, guard or patrol agency service for any person, firm, company, partnership, corporation, bureau or agency whether for fee, hire, reward, other compensation, remuneration, or consideration or as an accommodation without fee, reward or remuneration or by a reciprocal arrangement whereby such services are exchanged on request of parties thereto. The commission of a single act prohibited by this section shall constitute a violation thereof. History: Added May 28, 1971, No. 3056, § 1, Sess. L. 1971, p. 207.

A license granted under the provisions of this chapter may be renewed by the Commissioner upon application therefor by the holder thereof, in such form as the Commissioner may prescribe, and payment of fee and filing of surety bond in amount equivalent to that specified in section 1309 of this chapter as pertaining to original licenses. The application shall be filed within 30 days before the expiration date of the license unless the application is accompanied by a late filing fee of $100. In no event will renewal be granted more than six months after the date of expiration of a license. History: Added May 28, 1971, No. 3056, § 1, Sess. L. 1971, p. 208.

In the event the licensee desires to change the location of any place of business indicated in his application on file with the Commissioner, he shall notify the Commissioner. The Commissioner shall send to him suitable forms designed by the Commissioner, the purpose of which shall be to record in the office of the Commissioner the fact that there has been a change by way of substitution of the licensee's place or places of business. Upon completion of such form the licensee shall return it to the Commissioner, together with a fee of $10 for each changed location and a certificate from his surety on the bond mentioned in section 1309 of this chapter, to the effect that said bond covers the licensee's business at the changed location. The Commissioner shall thereupon send to the licensee a certificate of registration of each changed location. Said certificate shall be in a form designed by the Commissioner, but it shall at least specify the name under which the licensee operates, its license number and the address of the location to which the certificate of registration applies. History: Added May 28, 1971, No. 3056, § 1, Sess. L. 1971, p. 208.

(a) The Commissioner may deny, refuse to renew, or may suspend or may revoke a license for any one or more of the following grounds: (1) Fraud or wilful misrepresentation in application for or in obtaining a license; (2) Wilfully and knowingly violating any of the provisions of this chapter by the licensee or any of his employees; (3) If the licensee has been adjudged guilty of the commission of a crime involving moral turpitude; (4) A false statement by the licensee that any person is or has been in his employ; (5) If the licensee is found guilty of wilful betrayal of a professional secret; (6) If the licensee is incompetent, or is guilty of conduct against the interest of the general public, or has been convicted of a felony in the Virgin Islands or any other jurisdiction and has not had his civil rights restored; (7) Failure of the licensee to maintain in full force and effect the surety bond referred to in section 1309 of this chapter; (8) Upon the disqualification or insolvency of the sureties of the bond referred to in section 1309 of this chapter, unless such licensee files a new bond with sufficient sureties within thirty days after notice from the department or of the surety company's home state; (9) If the licensee impersonated, permitted, or aided and abetted an employee to impersonate, a law enforcement officer or any employee of the Virgin Islands, United States, or any political subdivision thereof; (10) Willfully failed or refused to render to a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties; (11) Committed assault, battery, or kidnapping; or used force or violence on any person except in self- defense or in the defense of a client; (12) Knowingly violated or advised, encouraged or assisted the violation of any court order or injunction in the course of business as a licensee; (13) Acted as a runner for any attorney; (14) Committed any act which is a ground for a denial of an application for license under this chapter. If committed by the applicant prior to issuance of license, the foregoing shall be grounds for the refusal by the Commissioner to issue such license. (b) Upon revocation or suspension of license, the licensee shall forthwith return the license which was suspended. (c) The Commissioner shall hold as confidential any information of a personal nature or that relating to the conduct of the trade or profession. History: Added May 28, 1971, No. 3056, § 1, Sess. L. 1971, p. 209.

In the event the licensee desires to cancel the license, he shall notify the Commissioner and the Commissioner shall supply him with proper forms as designed by the Commissioner to effectuate the cancellation of said licensee. Upon cancellation of said license, the licensee shall forthwith return to the Commissioner the license so cancelled. History: Added May 28, 1971, No. 3056, § 1, Sess. L. 1971, p. 210.

(a) The Commissioner shall, upon denying an application for a license or before revoking or suspending any license, and at least fifteen days prior to the date set for any hearing, and upon due notice to the complainant or objector, notify in writing the applicant for, or the holder of such license, of any grounds for denial or charge made and shall afford said applicant, or licensee an opportunity to be heard in person or by counsel in reference thereto. Such written notice may be served by delivery of same personally to the applicant or licensee, or by mailing same by registered or certified mail to the last known business address of such applicant or licensee. The hearing on such charges shall be at such time and place as the Commissioner shall prescribe, providing that it does not work a hardship on the applicant or licensee, and shall be conducted by such officer or person in the U.S. Virgin Islands Police Department (V.I.P.D.) as the Commissioner may designate, who shall have the power to subpoena and bring before the officer or person so designated any person in the Virgin Islands, and administer an oath to and take testimony of any person or cause his deposition to be taken with the same fees and mileage as prescribed by law in courts in the Virgin Islands in civil cases. Such officer or person in the U.S. Virgin Islands Police Department (V.I.P.D.) to take such testimony shall be bound by statutory rules of evidence and by technical or formal rules of procedure that apply to the District Courts of the Virgin Islands. In the event that the Commissioner shall deny the application for, or revoke or suspend any such license, its determination shall be in writing and officially signed. The original of such determination, when so signed, shall be filed in the U.S. Virgin Islands Police Department (V.I.P.D.) and copies thereof shall be mailed to the applicant or licensee and to the complainant within two days after the filing thereof as herein prescribed. (b) After notice of revocation, or suspension, or denial of application has been mailed, by registered or certified mail, to the applicant, or licensee, he shall have 30 days within which to appeal the revocation, suspension, or denial of the application to the District Court of the Virgin Islands. History: Added May 28, 1971, No. 3056, § 1, Sess. L. 1971, p. 210; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

(a) Upon the death of an individual or individuals, of whose qualification a license under this chapter has been obtained, the business with which the decedent was connected may be carried on for a period of ninety days by the following: (1) In the case of an individual licensee the surviving spouse, or, if there be none, the executor, or administrator of the estate of the decedent. (2) In case of a partnership, the surviving partners. (3) In case of an officer of a firm, company, association, organization or corporation, the other officers thereof. (b) Upon the authorization of the Commissioner the business may be carried on for a further period of time when necessary to complete any investigation or contract, or assist in any litigation pending at the death of the decedent. (c) Nothing in this section shall be construed to restrict the sale of a business licensed pursuant to this chapter; provided, however, the vendee qualifies for a license under the provisions of this chapter. History: Added May 28, 1971, No. 3056, § 1, Sess. L. 1971, p. 211.

All funds derived from license fees paid pursuant to this chapter shall be covered into the General Fund of the Treasury. History: Added May 28, 1971, No. 3056, § 1, Sess. L. 1971, p. 212; amended Oct. 14, 1986, No. 5211, § 8(h), Sess. L. 1986, p. 326.

No licensee or any employee of such licensee shall divulge to any such license shall divulge to any person, except as otherwise provided by law, other than to his principal or his employer any information acquired as a result of any investigation, surveillance, or other employment performed by such licensee or employee. Provided, however, that the provisions of this section shall not apply to any employer who is also the holder of a license issued pursuant to this chapter who has the written consent of the client or principal to divulge any information falling within the terms of this section, and further provided, that the provisions of this section will not apply to the taking of testimony or the receiving of evidence in any judicial proceeding. Any person violating this section or any employee who shall willfully make a false report to his employer concerning his employment or work shall be guilty of a misdemeanor and shall be punished as provided by law. History: Added May 28, 1971, No. 3056, § 1, Sess. L. 1971, p. 212.

It is hereby specifically provided that nothing in this chapter shall be construed to authorize any licensee to carry any firearm whatsoever. Any licensee who carries a firearm in the course of his or her employment must comply with the psychological and drug and alcohol abuse testing requirements of section 458 of this title. History: Added May 28, 1971, No. 3056, § 1, Sess. L. 1971, p. 212; amended June 14, 1984, No. 4958, § 3, Sess. L. 1984, p. 172.

Any person who violates any provisions of this chapter shall be guilty of a misdemeanor punishable by a fine of not less than $100 nor more than $1,000, or by imprisonment not to exceed 1 year, or by both a fine and imprisonment. History: Added May 28, 1971, No. 3056, § 1, Sess. L. 1971, p. 212.

(a) The Commissioner shall have the power to enforce the provisions of this chapter irrespective of the place or location in which said violation occurred and upon complaint of any person or on its own initiative to cause to be investigated any violation thereof or to cause to be investigated the business and business methods of any licensee, applicant or employee thereof. (b) In any such investigation caused to be made by the Commissioner each such licensee, applicant or employee thereof shall be obliged to submit information as to his business practices or methods. For purposes of enforcing the provisions of this chapter and in making investigations relating to any violation thereof, and for the purposes of investigating the character, competence or integrity of any such applicant, licensee or employee thereof, and for purposes of investigating practices and business methods thereof the Commissioner shall have the power to subpoena and bring before him any person in the Virgin Islands and may require the production of any papers he deems necessary, but with written permission of the client whose case file is to be examined if the papers relate to a client, and administer oaths and take depositions of any such persons as subpoenaed. Any person duly subpoenaed who fails or refuses to be examined or to answer any legal or pertinent question as to his qualifications or the business methods or business practices of any such person under investigation by the Commissioner shall be guilty of a misdemeanor and upon conviction shall be sentenced to pay a fine of not more than $100. In the event that a person refuses to answer a question or produce evidence of any other kind on the ground that he may be incriminated thereby, or in the case of contumacy or refusal to obey a subpoena issued to any person, the District Court of the Virgin Islands, upon application of the Commissioner through the Attorney General, shall have jurisdiction to issue to such person an order requiring such person to appear before the Commissioner or his duly authorized representative or representatives to produce evidence as so ordered, or to give testimony concerning the matter under investigation or in question. Any failure to obey such order of the court may be punished by the court as a contempt thereof. (c) Within thirty (30) days after the effective date of this chapter, the Commissioner shall designate an advisory council to be composed of three members, who shall each serve a term of one year subject to reappointment by the Commissioner. Said advisory council shall insofar as possible be geographical. No member of the council shall be a licensee under this chapter. The council shall organize, elect a chairman and thereafter meet upon call of the chairman through the Commissioner. The council shall counsel and advise with the Commissioner and make recommendations relative to the operation and regulation of the industry. Such advisory council members as are appointed by the Commissioner shall serve without pay; however, Government per diem and travel allowances may be claimed for attendance at officially called meetings of the council as provided. History: Added May 28, 1971, No. 3056, § 1, Sess. L. 1971, p. 213.

The Attorney General shall be attorney for the Commissioner in the enforcement of this chapter and shall conduct any investigations incidental to its enforcement. History: Added May 28, 1971, No. 3056, § 1, Sess. L. 1971, p. 214.

The Commissioner shall waive the experience requirements specified in section 1304 of this chapter in the case of any applicant for a license under this chapter if the applicant meets the other requirements of this chapter and if the applicant is conducting a private investigative agency or a watchman, guard or patrol agency on the effective date of this chapter. History: Added May 28, 1971, No. 3056, § 1, Sess. L. 1971, p. 214.

(a) The holder of a valid license issued pursuant to this chapter may employ as many persons as may be necessary in the conduct of the licensee's business, pursuant to the following conditions: (1) No person shall be employed by a licensee if he- (A) is under 18 years of age; Provided, however, That no person under 20 years of age who is employed by the licensee shall be permitted to carry a firearm during the time of his employment; (B) has been convicted of any crime, wherever occurring, which is a felony in the Virgin Islands or any crime, wherever occurring, which involves moral turpitude; (C) has had a license denied, suspended or revoked under this chapter; or (D) has not had at least forty hours of instruction in the use, maintenance and care of firearms which, in the opinion of the Commissioner, enables such person to competently use, maintain and care for firearms; Provided, however, That the provisions of this subparagraph (D) shall not be applicable to persons under 20 years of age. (b) No person may be employed by a licensee until he has executed and furnished to the licensee a verified statement in duplicate to be known as "Employee's Statement", setting forth: (1) his full name, age and residence address; (2) the country of which he is a citizen; (3) the business or occupation engaged in for the 3 years immediately preceding the date of the execution of the statement, the place where such business or occupation was engaged in and the names of employers, if any; (4) that he has not been convicted of a felony or any offense involving moral turpitude and has not had a license denied, revoked or suspended under this chapter; (5) a photograph taken within 30 days of the date of execution of the statement; (6) such further information as the licensee may require or as may be required by any rule or regulation of the Police Commissioner to show the good character, competency and integrity of the person executing the statement; (7) a description of the instruction such person received in the care, maintenance and use of firearms; Provided, however, That the provisions of this paragraph (7) shall not be applicable to persons under 20 years of age. (c) Immediately upon receipt of an Employee's Statement, the licensee by whom such person has been or is to be employed shall cause two sets of fingerprints of the two hands of such person to be recorded in such manner as the Police Commissioner may by rule or regulation prescribe. The licensee shall immediately stamp, in indelible ink, the Employee's Statement and each set of fingerprints with the date, name of the licensee and the number of the Employee's Statement furnished to the licensee. The numbers shall be in numerical sequence. (d) The licensee shall affix one set of such fingerprints to the Employee's Statement and shall retain one copy of such statement and prints so long as he is licensed under this chapter. The licensee shall file the other set of fingerprints and Employee's Statement with the Police Commissioner and the Commissioner shall then cause such fingerprints to be compared with fingerprints of criminals now or hereafter filed in the records of the U.S. Virgin Islands Police Department (V.I.P.D.) and, if any record is found affecting such prints, the Commissioner shall immediately notify the licensee. The Commissioner may also cause such fingerprints to be checked against the fingerprints of criminals now or hereafter filed in the records of other official fingerprint files within or without the Virgin Islands and, if any record is found affecting such prints, the Commissioner shall immediately notify the licensee. (e) Each licensee shall maintain a record, relative to his employees, which shall be accessible to the duly authorized representatives of the U.S. Virgin Islands Police Department (V.I.P.D.) Islands Police Department (V.I.P.D.) and which shall contain the following information: (1) The Employee's Statement, fingerprints and photograph retained by the licensee as provided in subsection (d) of this section. (2) All correspondence or documents relating to the character and integrity of the employee received by the licensee from any official source or law enforcement agency. (3) In the case of former employees, the identification card of that person issued pursuant to subsection (g) of this section. (f) It is the duty of every licensee to furnish to each of his employees, except office employees, an identification card. this identification card shall be in such form as the Police Commissioner may by rule or regulation prescribe and shall contain a recent picture of the employee, his name, the name of his employer, a thumb print of that employee and his personal description, the signature of the licensee and the signature of that employee, the date of issuance and an identification card number which shall be the same that is stamped on the Employee's Statement as provided in subsection (c) of this section. (g) It is unlawful for a licensee to issue an identification card to any person who is not employed by him in accordance with this section, to falsely state or represent that a person is or has been in his employ, or to file with the Police Commissioner the fingerprints of a person other than the person so employed by him. (h) It is the duty of every licensee to obtain the return of the identification card of a person who terminates employment with him and to notify the Police Commissioner, in writing, of the termination of such person's employment and whether or not he has received the return of the identification card. (i) Every licensee who employs any person to assist him in his business shall at all times during such employment be legally responsible for the good conduct in the business of each and every person so employed. History: Added May 3, 1971, No. 3002, Sess. L. 1971, p. 135; amended June 15, 1984, No. 4962, §§ 1, 2, Sess. L. 1984, p. 175; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

As used in this subchapter: (1) "Commissioner" means the Commissioner of the Virgin Islands Police Department. (2) "Law Enforcement Officer" means a person employed by a law enforcement agency whose duties include enforcing criminal laws or investigating criminal activity, or any other person who is acting at the request or direction of that person. (3) "Lethal weapons" include firearms and other weapons calculated to produce death or serious bodily harm. (4) "Privately employed agents" include any person employed for the purpose of providing watch guard, protective patrol, detective or criminal investigative services either for another for a fee or for his employer. (5) "Program" means the education and training program established and administered or approved by the Commissioner in accordance with this subchapter. History: Added Nov. 10, 2025, No. 9056, § 1, Sess. L. 2025, p. -.

(a) The Commissioner shall establish an education and training program in the handling of lethal weapons, law enforcement and protection of rights of citizens administered or approved by the Commissioner in accordance with the provisions of this subchapter. (b) All privately employed agents, except those who have been granted a waiver from compliance by the Commissioner who, through their employment, carry a lethal weapon shall be required to attend the program established by subsection (a) of this section in accordance with the requirements or regulations established by the Commissioner and, upon satisfactory completion of such program, shall be entitled to certification by the Commissioner. (c) Except for colleges and universities, no nongovernment employer of a privately employed agent who, through his employment, carries a lethal weapon, shall own, operate or participate in the establishment or administration of the program established by subsection (a) of this subchapter. History: Added Nov. 10, 2025, No. 9056, § 1, Sess. L. 2025, p. -.

The Commissioner shall: (1) Implement and administer or approve the minimum courses of study and training for the program in the handling of lethal weapons, law enforcement and protection of the rights of citizens. (2) Implement and administer or approve physical and psychological testing and screening of the candidate for the purpose of barring from the program those not physically or mentally fit to handle lethal weapons. However, candidates who are full-time police officers and have successfully completed a physical and psychological examination as a prerequisite to employment or continued employment by the Police Department shall not be required to undergo any physical or psychological testing and screening procedures when employed by a private security agency. (3) Issue certificates of approval to schools approved by the Commissioner and to withdraw certificates of approval from those schools disapproved by the Commissioner. (4) Certify instructors pursuant to the minimum qualifications established by the Commissioner. (5) Consult and cooperate with the University of the Virgin Islands and other entities for the development of specialized courses in handling lethal weapons, law enforcement and protection of the rights of citizens. (6) Consult and cooperate with the Federal Government concerning similar training. (7) Certify those individuals who have satisfactorily completed basic educational and training requirements as established by the Commissioner and to issue appropriate certificates to such persons. (8) Visit and inspect approved schools at least once a year. (9) Collect reasonable charges from the students enrolled to pay for the costs of the program. (10) Grant waivers from compliance with the provisions of this subchapter applicable to privately employed agents who have completed a course of instruction in a training program approved by the Commissioner. (11) Promulgate regulations and perform such other duties as may be reasonably necessary or appropriate to implement the education and training program. History: Added Nov. 10, 2025, No. 9056, § 1, Sess. L. 2025, p. -.

(a) Any person desiring to enroll in such program shall apply to the Commissioner on a form to be prescribed by the Commissioner. (b) The application shall be signed and verified by the applicant. It shall include his full name, age, residence, present and previous occupations and such other information that may be required by the Commissioner to show the good character, competency and integrity of the applicant. (c) The application shall be personally presented by the applicant to the Commissioner, or in his absence, the Chief of Police for the respective island. The applicant shall affix his fingerprints on the application. The application shall be accompanied by two current photographs of the applicant of a size and nature to be prescribed by the Commissioner and an $150 postal money order application fee, unless the applicant is a full-time police officer, in which case no application fee shall be required. (d) The fingerprints of the applicant shall be examined by the Commissioner and the Federal Bureau of Investigation to determine if he has been convicted of or has pleaded guilty or nolo contendere to a crime of violence. The Commissioner may waive the requirement of Federal Bureau of Investigation examination. Any fee charged by the Federal Bureau of Investigation shall be paid by the applicant. (e) No application is accepted if the applicant is under the age of eighteen. (f) After processing the application, if the Commissioner determines that the applicant is at least eighteen years old, has no convictions or guilty or nolo contendere pleas for crimes of violence, and meets all other prescribed requirements, the Commissioner shall issue a certificate of qualification allowing the applicant to enroll in an approved program. History: Added Nov. 10, 2025, No. 9056, § 1, Sess. L. 2025, p. -.

(a) Before the receipt of a certificate, each individual satisfactorily completing the program shall pay a certification fee of not more than $50. (b) The Commissioner shall furnish to each individual satisfactorily completing the program, an appropriately sized copy of the certificate, which shall include a photograph of the individual. (c) Every certified individual shall carry his certificate with him as identification during the time he is on duty or going to and from duty and carrying a lethal weapon. (d) Certification is for five years. (e) Privately employed agents who, through their employment, carry a lethal weapon shall be required to renew their certification no later than six months before the expiration of their certificate. The Commissioner shall prescribe the manner in which the certification shall be renewed and may charge a nominal renewal fee not to exceed $50. History: Added Nov. 10, 2025, No. 9056, § 1, Sess. L. 2025, p. -.

(a) Privately employed agents must possess a valid certificate whenever on duty or going to and from duty and carrying a lethal weapon. (b) Whenever an employer of a privately employed agent, subject to the provisions of this act, is discharged for cause, the employer shall notify the Commissioner no later than five days of the discharge. (c) The Commissioner may revoke and invalidate any certificate issued to a privately employed agent under this subchapter whenever he learns that false, fraudulent, or misstated information appears on the original or renewal application, or a change of circumstances that would render an employee ineligible for original certification. (d) A nondisabled, retired police officer who is certified under this subchapter need not meet the training and qualification standards or physical and psychological qualifications if he was a full-time police officer for at least ten years, retired in good standing and has assumed the duties of a privately employed agent. (e) A retired police officer certified under this subchapter shall not be required to pay the application fee but shall pay the certification fee on the submission of a completed application provided by the Commissioner. (f) All active police officers shall be granted a waiver of the training requirements of this subchapter. History: Added Nov. 10, 2025, No. 9056, § 1, Sess. L. 2025, p. -.

Employees of a licensee who are engaged exclusively in stenographic, typing, filing, clerical or other activities which do not constitute the work of a private investigator, watchman, guard or patrolman shall not be subject to the provisions of section 1330 of this subchapter. History: Added May 3, 1971, No. 3002, Sess. L. 1971, p. 138; No. 9056, § 1, effective November 10, 2025.

Any person who shall violate any provision of this subchapter shall be guilty of a misdemeanor punishable by a fine of not less than $100 nor more than $1,000, or by imprisonment not to exceed one year, or by both fine and imprisonment. History: Added May 3, 1971, No. 3002, Sess. L. 1971, p. 138; No. 9056, § 1, effective November 10, 2025.

This Act may be cited as the National Guard Act of 1972. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 552.

(a) National Guard of the Virgin Islands means the National Guard of the Virgin Islands and any other military force organized under the laws of the Virgin Islands. (b) Officer means a Commissioned or Warrant Officer. (c) Member means a person other than a Commissioned Officer who is now listed in the National Guard of the Virgin Islands. (d) Grade means a step or degree in a graduated scale of officer or military rank which is established and designated by Federal law or regulation. (e) Federal Recognition means a determination by an authorized federal official that a unit or member of the National Guard possesses the qualifications prescribed by Federal law or regulation. (f) Territorial Military Service means service in or with a force of the Virgin Islands National Guard and shall include: (1) Territorial Active Military Service (TAMS) pursuant to section 1519(a) of this chapter; (2) Title 32 U.S.C. ActiTitle 32 U.S.C.e (Full-time Training Duty or Full-time National Guard Duty); (3) Territorial Inactive Military Service periods (TIMS) pursuant to section 1519(b) of this chapter; (4) Standby Active Militia (SAM)-All officers and members in the active militia not in federal service are, for territorial purposes, on SAM duty when not serving in one of the other three duty statuses. (g) Federal Active Duty means full-time duty active military service authorized by Federal law and duly ordered by an authorized Federal official. (h) Training Duty means any other military duty authorized by law and not included in subsections (f) or (g) of this section. (i) Military Court means court-martial, courts of inquiry, Military Courts of Review, Court of Military Appeals and any other courts authorized by this chapter. (j) Military Judge means a person admitted to practice law before the District Court of the Virgin Islands, or a Federal Court, the Virgin Islands, or a Federal Court, designated as an officer in a military court. (k) Judge Advocate of the Virgin Islands means the officer with a lawyer's degree, admitted to practice before the District Court of the Virgin Islands or before a Federal Court, responsible for supervising the administration of military justice in the National Guard. (l) Military refers to any and or all of the military forces. (m) Convening authority includes, in addition to the person who appointed a military court, the acting commanding officer or successor of a commanding officer. (n) Code means this Part. (o) Territory means or refers to the Territory of the Virgin Islands. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 552; amended Sept. 24, 1990, No. 5618, § 1, Sess. L. 1990, p. 322.

The National Guard shall consist of the National Guard of the Virgin Islands, and any other military forces organized pursuant to the laws of the Territory of the Virgin Islands. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 553.

The National Guard shall consist of the Active U.S. Army National Guard, the Inactive U.S. Army National Guard, and the U.S. Air National Guard. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 553.

The National Guard of the Virgin Islands shall be composed of citizens of the United States who have been residents of the Virgin Islands for at least one year, comply with the requirements of age, health and otherwise, as prescribed by regulations and voluntarily enlist in the National Guard of the Virgin Islands. For purposes of this section, veterans of the Armed Services of the United States who enlisted from the Virgin Islands who enlisted from the Virgin Islands shall be considered persons who have been residents of the Virgin Islands for at least one year. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 553.

The Governor of the Virgin Islands shall be the Commander-in-Chief of the National Guard. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 554.

The Governor of the Virgin Islands as Commander-in-Chief of the National Guard shall be empowered to: (a) Nominate a qualified resident of the Virgin Islands for appointment as Adjutant General of the Virgin Islands. (b) Order into the Territorial Active Military Service the National Guard of the Virgin Islands National Guard of the Virgin Islands or any part thereof, when the public safety may require. (c) Order and authorize the Adjutant General of the Virgin Islands to adopt standards and regulations for the organization, training, operations and provisioning of the National Guard of the Virgin Islands. (d) Appoint, subject to the approval of the Secretary of the Army and the Secretary of the Air Force, a Commissioned Officer of the Armed Services of the United States and a member of the United States National Guard to be the United States Property and Fiscal Officer. (e) Promulgate such rules and regulations as may be necessary for compliance with the purposes of this Part. (f) Appoint, assign and fix the rank of officers. An officer may be separated for cause or at his own request as provided under the authority of this chapter. (g) Determine from time to time the composition of the units of the National Guard of the Virgin Islands which will be organized as well as the geographical location assigned to the corresponding units. (h) The Commander-in-Chief may delegate to the Adjutant General the powers and duties set forth in subsections (d) through (g). History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 554; amended Oct. 19, 1995, No. 6085, § 6, Sess. L. 1995, p. 216.

(a) The Adjutant General is the Commander of the National Guard of the Virgin Islands, subordinate only to the Governor. While so serving, the Adjutant General is entitled to compensation from the Government of the Virgin Islands in an amount not to exceed that of the highest paid commissioner of any executive department of the Government of the Virgin Islands as the Governor shall determine excluding a commissioner temporarily assigned in the executive branch pursuant to title 3 Virgin Islands Code, section 451b. The Governor shall designate the rank, not to exceed that of Major General, in which the Adjutant General shall serve. (b) To be qualified for appointment to the office of Adjutant General, he must- (1) be a citizen of the United States; (2) have resided in the Virgin Islands at least one year immediately prior to his appointment; and (3) be a commissioned officer or a former commissioned officer of the Armed Forces of the United States. (c) The Adjutant General shall- (1) Exercise the supervision and direct command of the National Guard of the Virgin Islands. (2) Prepare such reports as may be requested by Federal officials. (3) Keep and administer all the funds appropriated and shall be in charge of all the property entrusted to the National Guard of the Virgin Islands, and shall render an annual report of such funds and property to the Commander-in-Chief and the Legislature of the Virgin Islands. (4) Make annual estimates of funds and prepare the budget required for the operation of the National Guard of the Virgin Islands exclusive of Federal funds. (5) Promulgate, in the name of the Commander-in-Chief, orders, directives and regulations to maintain the National Guard of the Virgin Islands duly trained, disciplined, uniformed and equipped at all times. (6) Recommend for appointment by the Commander-in-Chief, an officer of the National Guard of the Virgin Islands, holding the rank of Brigadier General, to serve as Assistant Adjutant General who shall perform such duties as the Adjutant General may require and who shall in the absence or inability of the Adjutant General serve as Acting Adjutant General and perform the duties required thereof; and to further recommend for appointment by the Commander-in-Chief a general grade officer of the National Guard of the Virgin Islands to serve as Executive Assistant to the Adjutant General who will perform such duties as the Adjutant General may require. (7) Serve as a member of the VITEMA Council and the Homeland Security Council established pursuant to Chapter 10, Sections 1007 and 1031, respectively, of this title. (8) Perform such other functions prescribed by the Commander-in-Chief and by the laws of the Territory of the Virgin Islands. (d) Subject to annual appropriations, the Adjutant General shall establish and administer the Youth About Face program. The program must: (1) operate as a summer and year-round after-school life preparation program for economically disadvantaged and at-risk youth from 13-17 years of age; (2) provide schoolwork assistance, focusing on the skills needed to master basic high school competencies and functional life skills, including teaching students to work effectively in groups; (3) provide basic instruction in computer skills; (4) teach basic problem-solving, decision making, and reasoning skills; (5) provide, through computer simulations, instruction on how the business world and free enterprise work; (6) provide training in basic skills that businesses require for employment consideration; and (7) teach home finance and budgeting and other daily living skills. (e) Subject to annual appropriations, the Adjutant General shall establish and administer the Forward March job-readiness programs for economically disadvantaged young adults ages 18-29, who are directed to Forward March by the Department of Labor. The Forward March program must: (1) provide training on topics that directly relate to the skills required for real-world success; (2) emphasize functional life skills, computer literacy, interpersonal relationships, critical thinking skills, business skills, pre-employment and work maturity skills, job-search skills and job-specific skills; (3) explore careers activities, including how to be a successful and effective employee; (4) provide extensive opportunities for participants to practice generic job skills in a supervised work setting; and (5) upon completion of the program, return participants to the Department of Labor for placement in the job placement pool. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 554; amended Oct. 13, 1978, No. 4212, Sess. L. 1978, p. 234; June 26, 1985, No. 5080, Sess. L. 1985, p. 78; Dec. 29, 1986, No. 5233, § 3, Sess. L. 1986, p. 413; Mar. 20, 1989, No. 5416, Sess. L. 1989, p. 8; Oct. 19, 1995, No. 6085, § 4, Sess. L. 1995, p. 216; July 2, 2009, No. 7074, § 6(a)(1), (2), Sess. L. 2009, p. 89; amended Mar. 17, 2016, No. 7836, § 3, Sess. L. 2016, p. 3; amended May 1, 2018, No. 8035, § 1, Sess. L. 2018, p. 50, 51.

America (a) The National Guard of the Virgin Islands shall be organized, armed and equipped with the same type of uniform, arms and equipment prescribed for the Armed Forces of the United States of America. (b) The training and discipline of the National Guard of the Virgin Islands shall be in accordance with the system prescribed for the Armed Forces of the United States of America. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 555.

The units of the National Guard of the Virgin Islands shall be located at such places as the Commander-in- Chief may determine. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 556.

Officers of the National Guard of the Virgin Islands shall possess such qualifications as are required by the laws of the United States. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 556.

(a) All officers of the National Guard of the Virgin Islands shall be appointed by the Commander-in-Chief and shall be designated to serve in the units to which appointed, and subscribe to such oath of their office as is prescribed by law or regulation. (b) Notwithstanding any other provision of law to the contrary, the Adjutant General shall be nominated by the Governor with the advice and consent of the Legislature of the Virgin Islands. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 556; amended Oct. 19, 1995, No. 6085, § 5, Sess. L. 1995, p. 216.

Officers of the National Guard of the Virgin Islands shall be promoted in accordance with the regulations promulgated by the Bureau of the National Guard of the United States or by the Commander-in-Chief. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 556.

The Adjutant General may appoint a board of officers to investigate the conduct, capacity and general fitness of an officer of the National Guard of the Virgin Islands. The board, shall, whenever possible, be comprised of officers superior in rank to the officer being investigated. If the findings of the board are unfavorable to the officer, and are approved by the Governor the officer shall be discharged. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 556.

The term and qualifications for enlistment, the form of the contract, and the oath to be taken by persons enlisting in the National Guard of the Virgin Islands shall be as prescribed by regulations of the Governor. Such regulations, in the case of the National Guard may not be inconsistent with Federal law or regulations. Guard may not be inconsistent with Federal law or regulations. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 556.

Islands Members and officers of the National Guard of the Virgin Islands shall be discharged in accordance with the regulations promulgated by the Bureau of the National Guard by the Bureau of the National Guard of the United States of America or by the Commander-in-Chief. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 557.

(a) When the Virgin Islands National Guard, or any part thereof, is ordered to active duty for Territorial service by the Governor, as Commander-in-Chief, and pay is authorized for the duty under the order prescribing the Territorial service to be performed, the commissioned officers, warrant officers and enlisted personnel so ordered are entitled to the same pay and allowances and transportation in kind that officers and enlisted persons of the same rank and length of service in the armed forces of the United States receive for a similar period of service. (b) Special duty pay at the additional amount of $16.00 per day shall be paid to those officers and members of the Virgin Islands National Guard ordered to Territorial Active Military Service who are in the Medical Department and the Judge Advocate General's Corps, and to those officers and members qualified and performing duties as aviators, aviation crew, parachutists, vessel crewmen or explosive ordnance disposal personnel. (c) Within the amount appropriated therefore, pay for the Territorial Inactive Military Service periods for each hour of such duty shall be one-eighth of the daily pay and special duty pay (as appropriate) prescribed for the officers and members in subsections (a) and (b) of this section, provided that such pay shall not exceed eight hours per day and such pay may not be earned by an officer or member on the same day said officer or member has earned Territorial pay for Territorial Active Military Service. (d) Members of the Virgin Islands National Guard shall not receive from the Territory the pay or the pay and allowances provided for by this section when their pay and allowances are paid from federal funds. Members and officers whether paid by territorial or federal funds shall not be charged the cost of any field subsistence or field quarters. Members and officers on Territorial Active Military Service traveling to and serving on an island other than their usual island of unit assignment are entitled to travel allowances as provided in the Joint Federal Travel Regulations, Volume 1 unless all transportation, lodging and subsistence is furnished free in kind. (e) Notwithstanding any of the provisions of this chapter, members of the Virgin Islands National Guard may, with their consent, perform without pay or allowances any of the types of military duty described in this chapter pursuant to orders issued by competent military authority, provided that necessary traveling expenses, subsistence and per diem allowances may be furnished such members within the discretion of the Adjutant General and within the amount appropriated therefor. (f) Officers and members on Territorial Active Military Service shall accrue one day leave off with pay for every six days of Territorial Active Military Service duty performed and paid for. If days of leave off are not able to be taken as earned, the accrued amounts may be paid at the termination of Territorial Active Military Service. Territorial Active Military Service pay shall otherwise only be paid for days of at least eight hours duty actually performed. Duty of less than eight hours shall be paid for at hourly rates at the rate of one-eighth of the daily pay and special pay provided in subsections (a) and (b) of this section. (g) The Adjutant General shall receive an annual salary equal in amount to pay of the highest paid commissioner of an Executive Department of the Territory. When and if ordered into Territorial Active Military Service, the Adjutant General shall forfeit his salary during such period and receive pay as set forth for his Territorial military pay in subsection (a) of this section. (h) There shall be allowed annually such sum, not exceeding the amount appropriated therefore, as may be necessary for the pay and allowances of the officers and members of the Virgin Islands National Guard on Territorial Military Service Duty. (i) The pay and benefits received by service members of the National Guard of the Virgin Islands under this chapter are not a gratuity but are compensation for services provided as a condition of membership in the National Guard of the Virgin Islands. (j) Service members who are Territorial Government employees, when called by proper authority into a Territorial active duty status, are entitled to the regular benefits provided by the employing agency and a paid leave of absence as provided by section 1524. (k) A service member compensated under this section is eligible for workers' compensation coverage under 24 V.I.C. § 282. (l) A service member who is on active guard reserve status, including a member serving on orders issued under titles 10 or 32 of the United States Code, may not receive Territorial active duty pay or Territorial training and other duty pay. (m) A service member who is a federal technician in a paid status may not receive Territorial active duty pay or pay for Territorial training and other duty unless the member is on a military leave or leave without pay status from the federal employment. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 557; amended Sept. 24, 1990, No. 5618, § 3, Sess. L. 1990, p. 323; amended Feb. 19, 2020, No. 8278, § 1(a), (b), Sess. L. 2020, p. 1, 2.

of Officers and Enlisted Men In Special Services, Other Than the Territorial Military Service The personnel of the National Guard of the Virgin Islands serving on Military Courts or Military Boards or who fulfill other duties by order of the Adjutant General shall receive adequate transportation to allow them to render the service assigned to them and they shall be reimbursed for the necessary expenses legally incurred in the execution of said duties which shall be paid by vouchers duly approved by the officers under whose orders the services have been rendered. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 557.

(a) Whenever it becomes necessary, in case of disaster emergency, invasion, insurrection, or rebellion or imminent danger thereof, or to prevent or suppress lawless violence, or whenever the public safety or welfare shall require, the Commander-in-Chief may issue an order to the Adjutant General to mobilize into Territorial Active Military Service such units and/or individuals of the Virgin Islands National Guard as may be necessary to maintain or restore public order and to guarantee the safety of life and property. However, the order authorized under this subsection, if not in writing, shall be reduced to writing not more than 48 hours after the order is issued. (b) The Commander-in-Chief or the Adjutant General may order into Territorial Inactive Military Service such units or individuals of the Virgin Islands National Guard, or both, to perform such ceremonial functions as may be required, including but not limited to, funeral and ceremonial details. Such members and officers shall receive a stipend for such service in accordance with section 1517 of this chapter. (c) (1) Notwithstanding any other law to the contrary, a civil court action against a Virgin Islands National Guard member called by the Governor into Territorial military service shall be stayed for a period of thirty (30) consecutive days by the court on a motion filed on behalf of the National Guard member, unless the court finds that member's ability to prosecute or defend is not materially affected by the member's active military duty. (2) A member seeking the benefits of this subsection must first furnish the court and the affected party, including creditors and landlords, a copy of his orders together with a written statement from the Adjutant General of the Virgin Islands National Guard or his designee that the member has served continuously on Territorial Orders for the period commencing with the date of the orders through the date of the statement. The court may require the member to furnish a recertification of his orders every thirty (30) days thereafter, which must be furnished by the Adjutant General upon request. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 557; amended Sept. 24, 1990, No. 5618, § 2, Sess. L. 1990, p. 323; July 2, 2009, No. 7074, § 6(b), Sess. L. 2009, p. 89; amended Jan. 18, 2020, No. 8261, § 1, Sess. L. 2019, p. 163.

The Adjutant General shall command all units and members of the National Guard of the Virgin Islands as may be ordered into Territorial Active Military service under section 1519. Subject to the direction of the Governor, the Adjutant General may take whatever action he considers to be necessary to carry out the assigned mission. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 557.

National Guard of the Virgin Islands In Territorial Active Military Service Officers and members of the National Guard of the Virgin Islands in Territorial Active Military Service shall exercise all the powers, duties and responsibilities of Police Officers as authorized by the laws of the Virgin Islands. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 558.

Order the Closing of Establishments Whenever the Governor orders part or all of the military forces of the Virgin Islands into Territorial Active Military Service under section 1519 he may, by written order- (1) Direct the Adjutant General or other appropriate authority to seize arms, ammunition, explosives, incendiary material, and any other property that may be required by the military forces. (2) Prohibit the sale, exchange, loan or donation, during the emergency of arms, ammunition, explosives, gasoline, incendiary material or alcoholic beverages, and the closing of any establishment in which any such property is found. (3) Declare a curfew, during such periods and with respect to such areas and persons as in his discretion the public safety requires. (4) Any other powers authorized by law. Upon termination of the emergency, compensation shall be paid by the Government of the Virgin Islands for the loss, damage, or destruction of any private property taken for Government purposes during the emergency. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 558.

Every officer or member of the National Guard of the Virgin Islands shall, while in the Territorial Active Military Service, be exempt from jury duty. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 558.

(a) An officer or employee of the Government of the Virgin Islands, its agencies, authorities and public corporations, is entitled to leave without loss in pay, time or performance or efficiency rating for each day, not in excess of 30 days in a calendar year in which he is on federal active duty, or training duty as a Reserve of the Armed Forces, or a member of the National Guard. (b) An officer or employee of the Government of the Virgin Islands, its agencies, authorities and public corporations, is entitled to leave without loss in pay, time or performance or efficiency rating for each day in which he is on Territorial active military service. (c) An officer or employee of the Government of the Virgin Islands, its agencies, authorities and public corporations, who is on federal active duty, or training duty as a reserve of the Armed Forces, or a member of the National Guard, in excess of 30 days in a calendar year, is entitled to the difference in salary between the pay received from the military and his salary as an officer or employee of the Government of the Virgin Islands, if the military salary is not greater than the Government of the Virgin Islands salary. Such an officer or employee incurs no loss of time, performance or efficiency rating for each day of active duty or training duty. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 558; amended Nov. 7, 1988, No. 5394, § 7, Sess. L. 1988, p. 370; Dec. 22, 2005, No. 6818, § 1, Sess. L. 2005, p. 488.

A person in the employ of a private employer shall, upon request, be granted a leave of absence by his employer for the period required to perform Territorial Active Military Service. Upon his release from that service, or upon his discharge from hospitalization incident to that service, such employee shall be permitted to return to his position with such seniority, status, pay grade and vacation as he would have had if he had not been absent for such purposes. He shall report for work at the beginning of his next regularly scheduled working period after the calendar day following his release, or within a reasonable time thereafter if delayed return is due to factors beyond the employee's control. Failure to report for work at such next regularly scheduled working period shall make the employee subject to the conduct rules of the employer pertaining to explanations and discipline with respect to absence from scheduled work. If the employee is not qualified to perform the duties of his position by reason of disability sustained during Territorial Active Military Service, but is qualified to perform the duties of any other position in the employ of the employer or his successor in interest, he shall be restored by that employer or successor to such other position as will provide him like seniority, status, and pay grade, or the nearest approximation thereof consistent with the circumstances in his case. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 559; amended Dec. 22, 2005, No. 6818, § 2, Sess. L. 2005, p. 488; Feb. 2, 2010, No. 7149, § 12, Sess. L. 2009, p. 413.

Every member of the National Guard of the Virgin Islands who Guard of the Virgin Islands who fails to report for duty to his Commanding Officer on the date and time prescribed by the Commander-in-Chief to report for duty in the Territorial Active Military Service or for duty other than the Territorial Active Military Service and all persons subject to the provisions of this chapter, who having been duly summoned, fail to appear without a valid cause to justify their nonappearance in the cases as set forth above, shall be deemed as absent without authorization or as deserters from duty. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 559.

All matters relative to the organization, discipline and direction of the National Guard of the Virgin Islands, not otherwise provided for in this Code, shall be governed by the regulations which shall be promulgated by the Governor. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 560.

Virgin Islands The National Guard of the Virgin Islands shall render to the Commissioner of Finance of the Government of the Virgin Islands the same reports and statements relative to funds and properties as are required from departments and offices of the Government of the Virgin Islands. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 560.

The uniforms, arms, ammunition, and equipment of every officer and member of the National Guard of the Virgin Islands shall Guard of the Virgin Islands shall be exempt from execution on any writ of attachment. History: Added June 15, 1982, No. 4716, § 4, Sess. L. 1982, p. 93.

Any member or officer of the National Guard of the Virgin Islands may give a power of attorney to be exercised during the period which the donor shall be on Territorial Active Military Duty or Federal Active Duty. Such a power of attorney shall continue in full force and effect until revoked by the donor or by operation of law. The donee of such a power of attorney may act for and represent the donor to the extent as authorized in such power of attorney provided that nothing in this section shall authorize a donee of a power of attorney given by a minor to sell, mortgage or dispose of the property, real or personal, of such minor. History: Added June 15, 1982, No. 4716, § 4, Sess. L. 1982, p. 93.

(a) In addition to any penalty or liability under any other law, any person who willfully deprives a member or officer of his employment by another, obstructs him or his employer in respect to his trade, business or employment because of his affiliation with the National Guard of the Virgin Islands, or because of his necessary absence from business in performance of such duty as such, and any person who willfully violates either sections 1524 or 1525 or both of this title shall be punished by a fine of not more than five hundred dollars, or by imprisonment for not more than six months, or both. (b) Any officer or employee of the Government of the Virgin Islands, its agencies, authorities and public corporations who violates section 1524 of this title shall be subject to appropriate administrative discipline, including, when circumstances warrant, suspension from duty without pay or removal from office. History: Added June 15, 1982, No. 4716, § 4, Sess. L. 1982, p. 93.

The Uniform Code of Military Justice of the United States (Title 10, U.S. Code, section 801 et seq., as amended) and all decisions rendered by appellate authorities thereunder shall govern the operation of the National Guard of the Virgin Islands; provided Guard of the Virgin Islands; provided however that appellate review of offenses committed by officers and members performing active Territorial Military Duty shall be vested in the Attorney General of the Virgin Islands and the Commander-in-Chief. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 560.

Members and officers of the National Guard of the Virgin Islands while on active military duty shall, when so directed by the Adjutant General with the approval of the Governor, be peace officers within the meaning of 5 Virgin Islands Code § 3561 and shall exercise and possess all of the powers of peace officers under the laws of the Virgin Islands. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 560.

Costs Incurred On Active Military Duty, Payment (a) No member or officer of the National Guard of the Virgin Islands shall be liable, either civilly or criminally, for any damage to property or injury to any person, including death resulting therefrom, caused by him or by his order, while performing any military duty lawfully ordered under any provision of this chapter, unless the act or order causing such damage or injury was manifestly beyond the scope of the authority of such member or officer and except as otherwise provided by section 3408 of Title 33 of this Code. (b) Such attorney's fees, as shall be directed by the courts of the Virgin Islands and court costs incurred in any case against a member or an officer of the National Guard of the Virgin Islands arising out of any act committed in the line of official duty while on active military duty, shall be paid by the Government of the Virgin Islands. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 560; amended June 15, 1982, No. 4716, § 5, Sess. L. 1982, p. 94.

Except as otherwise provided herein, the provisions of Title 3, chapter 25 of the Virgin Islands Code shall not be applicable to members and officers of the National Guard of the Virgin Islands. History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 561.

(a) If any member of the National Guard of the Virgin Islands with civilian employer-sponsored insurance coverage is ordered to Territorial active duty by the Governor for up to 30 days, the service member shall continue civilian health insurance under the same terms and conditions as were in effect for the month preceding the member's call to Territorial active duty, including a continuation of the same levels of employer and employee contributions toward premiums and cost-sharing. (b) During any period or consecutive periods of Territorial active duty in excess of 30 days, an officer or enlisted member of National Guard of the Virgin Islands is entitled to reimbursement of the officer's or member's cost of privately-purchased or employer-provided health insurance for the officer or member and the officer's or member's family when the policy of insurance was in force prior to the officer or member being ordered to perform active territorial service. The reimbursement must be treated as an allowance and paid by the Government of the Virgin Islands and must be considered as a cost of territorial active duty. For a member whose employer chooses not to continue regular contributions toward premiums and cost-sharing during the period of the member's territorial active duty in excess of 30 days, the Government of the Virgin Islands is responsible for paying the employer's share of the premium and cost-sharing. The payment must be paid by the Government of the Virgin Islands and must be considered as a cost of territorial active duty. (c) The Office of the Adjutant General in administering this section may adopt regulations, policies, procedures, and guidelines to carry out the purposes of this section, including developing employee notice requirements, enforcement provisions, and a process for the Territory to remit the employer's share of premiums and cost-sharing to the appropriate entities pursuant to subsection (b). History: Added Feb. 8, 1973, No. 3363, § 1, Sess. L. 1972, p. 561; amended Feb. 19, 2020, No. 8278, § 2, Sess. L. 2020, p. 2.

(a) Every member and officer of the National Guard of the Virgin Islands who meets the requirements hereinafter set forth shall receive, commencing at age fifty-five, a pension of $350 per month for twenty years' military service. The Adjutant General shall increase the pension annuity every five years to reflect the changes in the Consumer Price Index as established by the U.S. Department of Labor, Bureau of Labor Statistics for "All Items, All Urban Consumers (1967-100%)." The requirements for the pension are that each member or officer shall: (1) Have served and qualified for at least twenty years' military service in a federally recognized unit of the National Guard or in a regular component of the Armed Services of the United States. (2) Have at least fifteen years of the aforementioned service as a member or officer of the National Guard of the Virgin Islands National Guard of the Virgin Islands and the final or last ten years of service immediately prior to retirement shall have been in the National Guard of the Virgin Islands. (3) Have received an honorable discharge from the National Guard of the Virgin Islands. (b) Eligibility for retirement under this section shall be in addition to any other retirement that a member or officer is eligible to receive provided that: (1) Any person receiving retirement pay from the federal government as a result of length of service, age, or physical disability retirement from any of the regular components of the Armed Services of the United States shall not be eligible for a pension under this section; and (2) Any person who elects to retire and is retired under the provisions of this section and who is eligible to receive retirement pay from the Employees Retirement System of the Government of the Virgin Islands shall not include, in determining eligibility and benefits for retirement from the System, service performed as a member or officer of the National Guard of the Virgin Islands. (c) Payment to a retired member or officer of the National Guard will cease at the death of the member or officer and no payment will be made to beneficiaries or to the decedent's estate. (d) The provisions of this section shall be administered by the Adjutant General of the National Guard of the Virgin Islands. The Adjutant General shall not employ additional personnel to administer this section. (e) The provisions of this section shall apply only to members and officers of the National Guard of the Virgin Islands serving Guard of the Virgin Islands serving on the effective date of this law and thereafter. History: Added June 15, 1982, No. 4716, § 6, Sess. L. 1982, p. 94. 1982, No. 4716, § 6, Sess. L. 1982, p. 94; amended June 27, 2023, No. 8732, § 1, Sess. L. 2023, p. 55.

Every member of the National Guard of the Virgin Islands who retires from the Guard with twenty years of military service shall be entitled to all benefits granted under Virgin Islands law to veterans of the armed services. History: Added May 2, 2001, No. 6394, § 2, Sess. L. 2001, p. 7.

(a) Subject to rules and regulations promulgated pursuant to section 1515 of this title, any member or officer of the National Guard of the Virgin Islands who has completed an initial period of enlistment in the National Guard of the Virgin Islands and who Guard of the Virgin Islands and who re-enlists or voluntarily extends his enlistment for a period of at least three years shall be entitled to a bonus of $100. (b) No member or officer shall be paid more than one bonus under this section. (c) A member or officer who voluntarily, or because of misconduct, does not complete the term of enlistment for which a bonus was paid under this section shall refund that percentage of the bonus that the unexpired part of his ordered additional obligated service is to the total re-enlistment or extension period for which the bonus was paid. (d) Bonus payments authorized by this section may be paid in either a lump sum or in installments, as determined by the Adjutant General. (e) The Adjutant General shall submit a report no later than March 15th of each year, to the Legislature of the Virgin Islands regarding the operation of the bonus payments authorized by this section. The report shall state the number of members or officers of the National Guard of the Virgin Islands who at the time of the report are serving a term of enlistment for which a bonus has been or is being paid under this section, the total amount expended during the year preceding the report for bonus payments under this section, and such other data necessary to monitor the effectiveness of the bonuses authorized by this section and to determine the necessity for continuance of said bonuses. History: Added June 15, 1982, No. 4716, § 6, Sess. L. 1982, p. 94.

There are hereby authorized to be appropriated annually, out of any available funds in the Treasury of the Virgin Islands, for deposit in the Virgin Islands National Guard Fund, such sums as may be necessary to meet the requirements of sections 1556 and 1557 of this title. History: Added June 15, 1982, No. 4716, § 6, Sess. L. 1982, p. 94.