Section 108. Board of Appeals.
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108.1. General: Membership.
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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:
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A.
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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.
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B.
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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.
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C.
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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.
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D.
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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.
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E.
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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.
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108.2. Terms of office.
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Members shall be appointed for terms of four years. No member
shall be reappointed to serve more than two consecutive full terms.
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A.
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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.
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B.
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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.
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C.
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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.
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D.
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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.
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E.
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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.
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F.
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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.
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108.3. Meetings.
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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.
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108.4. Conflict of interest.
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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.
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108.5. Decisions.
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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.
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108.6. Procedures.
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The Board shall be operated in accordance with the New Mexico
Administrative Procedures Act.[1]
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108.7. Scope of authority.
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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.
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Light Blue
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1,500 GPM or greater
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Green
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1,000 to 1,499 GPM
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Orange
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500 to 999 GPM
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Red
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Less than 500 GPM
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Black
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Permanently out of service
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Annual permits:
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Operational permits (per Fire Code and annual inspection)
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$25
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Fireworks vendor permit (NMSA 60-2C-4, Section C)
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$25
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Certificate of fitness permit (must have NMSFO COF)
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$25
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