[HISTORY: Adopted by the City Council of the City of Las Vegas 7-15-2020 by Ord. No. 20-03.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 26, Art. I.
Alarm systems — See Ch. 107.
Building construction — See Ch. 135.
Vacant buildings — See Ch. 148.
Open burning — See Ch. 154.
Fireworks — See Ch. 238.
Smoking — See Ch. 356.
Water service and operations — See Ch. 440.
[1]
Editor's Note: This ordinance also repealed former Ch. 233, Fire Prevention, which consisted of Art. I, Adoption of Standards, adopted 1-16-1992 by Ord. No. 80-18 (Ch. 4, Secs. 4-1-16 through 4-1-20 of the 1972 City Code), as amended; and Art. II, Policies, adopted 1-16-1992 by Ord. No. 80-18 (Ch. 4, Secs. 4-1-13, 4-1-14, 4-1-15, 4-1-21 and 4-1-22 of the 1972 City Code), as amended.
As used in this chapter, the following terms shall have the meanings indicated:
CEASE AND DESIST
Means and shall be interchangeable with "stop-work order" in accordance with Section 111 of the International Fire Code and all other referenced portions of the code.
FIRE CHIEF
The Director of the Fire Department and the authority having jurisdiction regarding the Fire Code within the City limits of the City of Las Vegas.
FIRE MARSHAL
The Deputy Fire Chief charged with enforcement of the Fire Code; interchangeable with the terms "City Fire Marshal" and/or "Fire Code Official," as such terms may appear herein.
IBC
The International Building Code, 2015 Edition, published by International Code Council, Incorporated.
IEBC
The International Existing Building Code, 2015 Edition, published by International Code Council, Incorporated.
IFC
The International Fire Code, 2015 Edition, published by International Code Council, Incorporated.
IMC
The International Mechanical Code, and for purposes of this Fire Code, all references made in the IFC to the International Mechanical Code shall mean New Mexico Mechanical Code.
IPC
International Plumbing Code, and for purposes of this Fire Code, all references in the IFC to the International Plumbing Code shall mean the New Mexico Plumbing Code.
JURISDICTION
All places, persons and entities located within the corporate City limits of the City of Las Vegas, New Mexico.
NFPA 1
The Fire Prevention Code, 1997 Edition, published by the National Fire Protection Association.
NFPA 101
The Life Safety Code, 1997 Edition, published by International Code Council, Incorporated.
NMMC
The New Mexico Mechanical Code, 2012 Edition.
OPERATIONAL PERMIT
The required documentation for all business to operate within the City limits of Las Vegas. This includes, without limitation, permanent facilities, temporary facilities (including tents), and mobile food vendors. Operational permits shall be renewed on an annual basis.
A. 
The City hereby adopts the International Fire Code, 2015 Edition, including Appendices B, C, and D, all of the regulations, provisions, penalties, conditions, limitations, referenced standards, and terms of said Fire Code, by reference, together with all amendments thereto, and revisions, modifications and recompilations thereof, with the following specific sections being amended as follows:
(1) 
Section 101.1: The term "[NAME OF JURISDICTION]" is hereby deleted and replaced with "the City of Las Vegas, New Mexico (the 'City')."
(2) 
Section 103.1 shall be amended to read:
Section 103.1 General. The City of Las Vegas Fire Department, Fire Prevention /Enforcement Bureau (the "Bureau"), is hereby established within the jurisdiction of the City under the direction of the City Fire Marshal, referred to herein as the "Fire Code Official." The function of the Bureau shall be the implementation, administration and enforcement of the provisions of this code. The Fire Code Official and his agents shall be authorized to cite and/or enforce this code to the full extent of the law.
(3) 
Section 105.7.9 shall be amended to read:
Section 105.7.9 Gates, fences, and barricades. A construction permit is required for the installation or modification of a gate, fence or barricade across a fire apparatus access road, within 75 feet of a structure, or within 10 feet of a fire hydrant. This includes temporary barricades, fences, or gates.
(4) 
Section 105.7.13 shall be amended to read:
Section 105.7.13 Fire hydrants. A construction permit is required for the installation, removal, or modification of fire hydrants. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit. This provision does not apply to fire hydrant installation conducted by City employees working within the scope of their duties and their authority as a City employee.
(5) 
Sections 108.1 through 108.3 are deleted in their entirety and are hereby replaced with the following:
Section 108. Board of Appeals.
108.1. General: Membership.
One integrated Board of Appeals is established hereunder for the purposes of this code. The membership of the Board shall consist of five voting members having the qualifications established by this section. Members shall be nominated by the Code Official or the Chief Administrative Officer of the jurisdiction, subject to confirmation by a majority vote of the City's governing body. Board members shall not be officers, agents, or employees of the City. Members shall serve without remuneration or compensation, and shall be removed from office prior to the end of their appointed terms only for cause. The Board shall be constituted as follows:
A.
Design professional. One member shall be a practicing design professional registered in the practice of engineering or architecture in the state in which the Board is established.
B.
Fire protection engineering professional. One member shall be a qualified engineer, technologist, technician, or safety professional trained in fire protection engineering, fire science, or fire technology. Qualified representatives in this category shall include fire protection contractors and certified technicians engaged in fire protection system design.
C.
Industrial safety professional. One member shall be a registered industrial or chemical engineer, certified hygienist, certified safety professional, certified hazardous materials manager, or comparably qualified specialist experienced in residential, commercial or industrial safety.
D.
General contractor. One member shall be a contractor regularly engaged in the construction, alteration, maintenance, repair, or remodeling of buildings or building services and systems regulated by the code.
E.
General industry or business representative. One member shall be a designated representative of business or industry not represented by a member from one of the other categories of board members described above.
108.2. Terms of office.
Members shall be appointed for terms of four years. No member shall be reappointed to serve more than two consecutive full terms.
A.
Initial appointments. Of the members first appointed, two shall be appointed for a term of one year, two for a term of two years and one for a term of three years.
B.
Vacancies. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Members appointed to fill a vacancy in an unexpired term shall be eligible for reappointment to two full terms.
C.
Removal from office. Members shall be removed from office prior to the end of their terms only for cause. Continued absence of any member from regular meetings of the Board shall, at the discretion of the applicable governing body, render any such member liable to immediate removal from office.
D.
Quorum. Three members of the Board shall constitute a quorum. In varying the application of any provisions of this code or in modifying an order of the Fire Official, affirmative votes of the majority present, but not less than three affirmative votes, shall be required.
E.
Secretary of Board. The Code Official shall act as Secretary of the Board and shall keep a detailed record of all its proceedings, which shall set forth the reasons for its decisions, the vote of each member, the absence of a member, and any failure of a member to vote.
F.
Legal counsel. The City Attorney may furnish legal counsel to the Board to provide members with general legal advice concerning matters before them for consideration.
108.3. Meetings.
The Board shall meet at regular intervals, to be determined by the Chairperson. In any event, the Board shall meet within 10 days after notice of appeal has been received.
108.4. Conflict of interest.
Members with a material or financial interest in a matter before the Board shall declare such interest and refrain from participating in discussions, deliberations, and voting on such matters.
108.5. Decisions.
Every decision shall be promptly filed in writing in the office of the Code Official and shall be open to public inspection. A certified copy shall be sent by mail or otherwise to the appellant, and a copy shall be kept publicly posted in the office of the Code Official for two weeks after filing.
108.6. Procedures.
The Board shall be operated in accordance with the New Mexico Administrative Procedures Act.[1]
108.7. Scope of authority.
The Board of Appeals shall have no authority to interpret the administrative provisions of this code, nor shall the Board be empowered to waive requirements of this code, but shall only determine whether the provisions of this code were properly applied to the appellant's matter.
[1]
Editor’s Note: See NMSA 1978, § 12-8-1 et seq.
(6) 
Section 109.4. shall be amended to read: Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code Official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor offense, punishable by a fine not to exceed $500. Each day any such violation continues shall constitute a separate offense.
(7) 
Section 111.4 shall be amended to read: Any person who shall continue any work after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a civil fine not to exceed $500 for each day the violation continues.
B. 
The City hereby adopts the following standards as referenced by IFC 2015 in accordance with NMAC 10.25.5.7:
(1) 
International Building Code, 2015 Edition, as referenced in IFC 2015.
(2) 
International Existing Building Code, 2015 Edition, as referenced in IFC 2015.
(3) 
New Mexico Mechanical Code, 2012 Edition, interchangeable with the International Mechanical Code.
(4) 
New Mexico Plumbing Code, 2015 Edition, interchangeable with the Uniform Plumbing Code.
[Added 10-13-2021 by Ord. No. 21-17]
A. 
Short title. This section shall be cited as the "City of Las Vegas Fire Code § 233-2.1 Cannabis and Hemp Industries/Processing Extraction Facilities" and shall be more generally referred to as part of the "Fire Code."
B. 
Authority. The Fire Code is an exercise of the City of Las Vegas powers to provide for the health, safety and welfare of its residents and visitors.
C. 
Enforcement. This section shall be enforced by the City of Las Vegas Fire Department, Fire Prevention/Enforcement Bureau and/or its designees.
D. 
Scope. This § 233-2.1 shall apply to all entities and locations engaged in sales, growing, processing, extraction, consumption, manufacturing, research and/or testing of cannabis, cannabis-related products and/or cannabis extract derivatives. All such entities and occupancies shall fully comply with this § 233-2.1 and all other provisions of the Fire Code.
E. 
Definitions. In addition to the definitions in § 233-1 which apply generally to the Fire Code, the following definitions shall apply only to this § 233-2.1. In the event of a conflict regarding the application of this § 233-2.1, the definitions in this § 233-2.1 shall control over the definitions in § 233-1. As used in this § 233-2.1, the following terms shall have the meanings indicated:
CHEMICAL FUME HOOD
A ventilated enclosure designed to contain and exhaust fumes, gases, vapors, mists and particulate matter generated within the hood.
EXTRACTION
The process of using solvents to remove essential oils or other botanic material from the cannabis/marijuana plant.
NFPA 1
The Fire Prevention Code, 2021 Edition, published by the National Fire Protection Association.
POST OIL PROCESSING
The process of refining essential oils after the extraction, including but not limited to dewaxing and winterization processes.
F. 
Adoption. For application as it relates to cannabis and hemp industries/processing extraction facilities in the jurisdiction, the City hereby adopts the International Fire Code, 2021 Edition, Chapter 39, Processing and Extraction Facilities, and also adopts NFPA 1, 2021 Edition, Chapter 38, Cannabis Growing, Processing or Extraction Facilities.
G. 
Fee schedule. Fees for permits and inspections shall be collected by the City's Fire Department in accordance with the fee schedule, and shall be placed into the 764 Fire Prevention Fund for support and growth of the Fire Prevention and Enforcement Bureau and its fire prevention operations.
H. 
Annual permit cost for cannabis facility operation: $150.
A. 
An owner of a property is not required to renovate or adapt an existing building or structure to comply with IFC 2015, but shall comply with the requirements in place when the existing building or structure was constructed. For purposes of this § 233-3, "constructed" shall mean that the owner has begun any substantial portion in the design, permitting or building of a building or structure.
B. 
An existing structure that is renovated, as the term "renovated" is defined by the applicable local or state building code, but whose classification does not change, shall comply with IFC 2015.
C. 
Buildings or structures constructed prior to November 15, 2007, which fall under NFPA 1, 1997 Edition, and NFPA 101, 1997 Edition, shall be required to have a permit using the requirements of IFC 2015, Section 105, prior to installation of any new, renovated, or partial fire protection system.
D. 
Buildings which were initially inspected under IFC 2015 as per the requirements for new construction under Subsection B of NMAC 10.25.2.19 will be inspected per IFC 2015.
E. 
Any new building, new alteration, new addition, or new structure after the effective date of the adoption of IFC 2015 shall comply with IFC 2015.
Any building, structure, or facility that does not fall within the provisions of § 233-3, or that is constructed after November 15, 2007, shall comply with the most recent applicable referenced standard for flammable and combustible liquids as referenced by the Fire Code.
The prohibited interference with fire controls consists of:
A. 
Giving a false alarm to any public officer or employee, whether by means of a fire alarm or otherwise;
B. 
Interfering with the proper functioning of a fire alarm system, sprinkler system or any fire suppression system;
C. 
Interfering with the lawful duties of any firefighter, Fire Department employee, City Fire Marshal, or Fire Chief in the performance of their duties;
D. 
Using City-owned or -leased fire apparatus or firefighting equipment without proper authority; or
E. 
Impersonating a Fire Official.
Connectors serving solid-fuel-burning appliances shall not be connected to chimneys serving any other fuel-burning appliance unless the appliance to be installed has been approved by a nationally organized testing agency for connection to a chimney serving a fuel-burning appliance of any type.
A. 
No more than one full cord (measured as four feet zero inches by four feet zero inches by eight feet zero inches) of firewood shall be stored within a structure or upon a porch or patio connected thereto unless otherwise approved by the City Fire Marshal.
B. 
Amounts of firewood larger than one full cord shall be stored as far as possible from any structure as the physical limits of the property will permit. No woodpile shall be stacked higher than five feet unless properly contained to prevent collapse.
C. 
Firewood not for consumption on the premises shall be stored in the following manner:
(1) 
Individual piles that shall not exceed 5,000 square feet of contiguous area. Piles shall not exceed 50,000 cubic feet in volume or 10 feet in height.
(2) 
A clear space of at least 40 feet shall be provided between piles. The clear space shall not contain combustible material or nonfire-resistive vegetation.
A. 
General information.
(1) 
City of Las Vegas Fire Department experience, national fire codes, fire insurance regulations, the ISO office and the City of Las Vegas Water Department provide the hydrant criteria which is used to determine required protection.
(2) 
The purpose of this § 233-9 is to i) attain adequate fire protection of life and property; ii) achieve orderly development of the fire hydrant protection system; iii) set forth guidelines and rules for development of a fire hydrant system; and iv) set forth guidelines for the testing of a fire hydrant system. Said policies are the joint effort of the City of Las Vegas Fire Department and the City of Las Vegas Water Department.
(3) 
Water mains.
(a) 
Fire hydrants are generally installed on properly sized water mains when water lines are extended, according to spacing criteria that varies according to proposed land use adjacent to the water line. The fire hydrant protection system may have to be supplemented with additional hydrants when actual development takes place.
(b) 
Cases also exist where water mains have been extended through undeveloped areas on unplatted land, and hydrants do not exist. Necessary hydrants must be installed when properly sized main lines exist adjacent to the undeveloped land. When properly sized main lines do not exist to provide required fire hydrant protection, it shall be the responsibility of the installer to upgrade the main to the appropriate size.
(4) 
Fire hydrants are to be located within the public right-of-way. The type of layout and size development shall dictate location of fire hydrants on private property.
(5) 
Each development is analyzed for fire hydrant needs by the City of Las Vegas Fire Department.
B. 
General fire hydrant location requirements.
(1) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated below:
HEAVY USE COMMERCIAL
Properties consisting of 18,000 square feet or more and operating as light industrial, shopping center, high-rise building, or multifamily units.
LIGHT USE COMMERCIAL
Properties consisting of less than 18,000 square feet and operating as light industrial, shopping center or multifamily with five or more units, which shall include townhouses.
RESIDENTIAL
Single-family and two-family dwellings, duplexes, and triplexes.
(2) 
Hydrant spacing requirements are 500 feet for residential, 450 feet for light commercial and 300 feet for heavy commercial.
(3) 
In residential areas and mobile home parks, there shall be one hydrant at each intersection with intermediate hydrants so that no hydrant is more than 500 feet from any other hydrant.
C. 
New buildings, building additions or building reconstruction. The following applies to buildings for which a building permit is required, including construction, additional construction or reconstruction.
(1) 
The City Fire Department shall review development plans to determine the fire hydrant protection requirements, the location, spacing and number of hydrants. Once the fire hydrant protection requirements are established in writing, the developer or builder shall make arrangements with the City of Las Vegas Water Department to provide the necessary water flow requirements.
(2) 
Hydrants shall be installed according with this Code's Chapter 440, Water Service and Operations, policies and standards and shall be available for use prior to the beginning of construction.
(3) 
Hydrants shall be installed at the developer's or builder's expense, including i) extension of City-owned water lines in accordance with City water extension policies; ii) addition of fire hydrants to existing water lines; and iii) private fire lines.
D. 
Existing development fire hydrant deficiencies. This following applies to existing development and buildings.
(1) 
The City Fire Department shall determine deficiencies in fire hydrant protection located on public rights-of-way.
(2) 
Where existing development poses a danger of life and property due to fire hydrant deficiencies existing on the private fire protection system, the City Fire Department shall require deficiency correction. The cost of this type of fire hydrant protection shall be solely the responsibility of the system owner.
E. 
Fire hydrant regulations.
(1) 
Fire hydrants shall be regulated by this Fire Code, Chapter 5 and Appendix C in the IFC, NFPA 291, Recommended Practice for Fire Flow Testing and Marking of Hydrants, 2019 Edition, and all referenced standards. This shall include but not be limited to maintenance, inspections, testing, installation, and markings thereof.
(2) 
When two or more codes are in conflict the stricter of the two shall apply.
(3) 
Fire hydrant installation and maintenance requirements. In addition to the standards contained in this Fire Code, the following standards shall apply to all new hydrant installations and replacement and maintenance of existing hydrants on public water systems that are required by the IFC to provide fire flow:
(a) 
For all new hydrant installations, either public or private, the installer shall color code the tops of the hydrant(s) to designate the level of service being provided by that hydrant. Color coding for existing and new hydrants shall be in accordance with the following:
Light Blue
1,500 GPM or greater
Green
1,000 to 1,499 GPM
Orange
500 to 999 GPM
Red
Less than 500 GPM
Black
Permanently out of service
(b) 
In addition to color coding new hydrants, the installer shall also install blue street reflectors to indicate hydrant locations. Color coding of new hydrants and the installation of blue street reflectors shall be completed prior to final approval of any development or new construction.
(c) 
Internal maintenance of public hydrants shall be the responsibility of the City Water Department. Private fire service hydrants and mains shall be protected and maintained by the owners in accordance with this Fire Code.
(d) 
Vehicles shall not be parked within 15 feet of a fire hydrant or Fire Department connection or a fire protection system control valve. These areas shall be marked with red and shall contain in white lettering "FIRE LANE - NO PARKING" in accordance with the Fire Code and the Fire Marshal's approval.
Fees for permits and inspections will be collected in accordance with the fee schedule. Funds collected shall be placed into the 764 Fire Prevention Fund for support and growth of the Fire Prevention and Enforcement Bureau and its fire prevention operations.
Annual permits:
Operational permits (per Fire Code and annual inspection)
$25
Fireworks vendor permit (NMSA 60-2C-4, Section C)
$25
Certificate of fitness permit (must have NMSFO COF)
$25
In the event that the intensity of a fire within the City requires the assistance of other Fire Departments or other entities, all such assistance shall be under the general supervision and control of either the City's Fire Chief or the Fire Chief's designated agent.