A.
There is adopted by reference, with the exceptions and changes set forth in subsection E of this section, the International Code Council’s 2015 International Fire Code for the purposes of regulating and governing the safeguarding of life and property from fire and explosion hazards and from conditions hazardous to life or property in the occupancy of buildings and premises in the town.
B.
The 2015 International Fire Code is incorporated by reference into this Town Code as if fully set out herein, and shall be controlling with respect to the town except as modified in subsection E of this section, or inconsistent with state law or regulation. If any provision of this code is inconsistent with state law or regulation regulating the safeguarding of life and property from fire and explosion hazards and from conditions hazardous to life or property in the occupancy of buildings and premises related to fire prevention, the state law or regulation controls.
C.
All
provisions of this code not repealed and replaced by this section,
including all sections of this chapter, other than this section, remain
in place and in force except to the extent, if any, that they are
inconsistent with the provisions of this section or with state law.
D.
A true
and correct copy of the 2015 International Fire Code shall be maintained
by the town clerk and made available to any member of the public for
inspection and copying during regular business hours. A copying fee
may be charged for copies made.
E.
Certain
provisions of the 2015 International Fire Code are modified as follows:
i.
Section
101, “General,” subsection 101.1 “Title”,
is modified to insert the “the Town of Taos” in the brackets
so that the subsection will read:
101.1 Title. These regulations shall be known as
the fire code of the Town of Taos, hereafter referred to as “this
code.”
ii.
Section
101, “General,” subsection 101.2.1, “Appendices”,
is modified to provide:
101.2.1 Appendices. Appendix B, Fire-Flow Requirements for Buildings; Appendix C, Fire Hydrant Locations and Distribution; Appendix D, Fire Apparatus Access Roads; Appendix E, Hazard Categories; Appendix F, Hazard Ranking; and Appendix G, Cryogenic Fluids–Weight And Volume Equivalents; Appendix H, Hazardous Materials Management Plan (HMMP) and Hazardous Materials Inventory Statement (HMIS) Instructions; Appendix I, Fire Protection Systems–Noncompliant Conditions; Appendix J, Building Information Sign; Appendix K, Construction Requirements for Existing Ambulatory Care Facilities are adopted. Appendix A, Board of Appeals, is not adopted.
iii.
Section 108, “Board of Appeals,” subsection 108.1, “Board
of Appeals Established”, is modified by changing the third sentence
to read, “The fire marshal or his designee shall be an ex officio
member of said board but shall have no vote on any matter before the
board.”
iv.
Section
108, “Board of Appeals,” subsection 108.3, “Qualifications,”
is modified by striking the words “and are not employees of
the jurisdiction” at the end of the sentence so that the subsection
reads, “The board of appeals shall consist of members who are
qualified by experience and training to pass on matters pertaining
to hazards of fire, explosions, hazardous conditions or fire protection
systems.”
v.
Section
109, “Violations,” subsection 109.4 “Violation Penalties,”
is modified by placing the words “petty misdemeanor” in
the first set of brackets; placing the words “five hundred dollars
($500.00)” in the second set of brackets; and placing the words
“ninety (90) days” in the third set of brackets, so that
the provision will read:
109.4 Violation Penalties. 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 petty misdemeanor, punishable by a fine
of not more than five hundred dollars ($500.00) or by imprisonment
not exceeding ninety (90) days, or both such fine and imprisonment.
Each day that a violation continues after due notice has been served
shall be deemed a separate offense.
vi.
Section
111, “Stop Work Order,” subsection 111.4, “Failure
to Comply”, is modified by inserting “fifty dollars ($50.00)”
in the first set of brackets and “five hundred dollars ($500.00)”
in the second set of brackets so that the full provision reads:
111.4 Failure to Comply. 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 fine of not less than fifty
dollars ($50.00) or more than five hundred dollars ($500.00).
vii.
Section 202, “General Definitions,” is modified to add
the following definition:
AHJ, Authority Having Jurisdiction. The fire chief,
fire marshal, code enforcement officer, or department-approved designee
of the Town of Taos fire department.
viii.
Section 903, “Automatic Sprinkler Systems,” subsection
903.2, “Where Required”, “Exception”, shall
be modified by adding to the end of the “exception” paragraph,
“with installation of approved alternative extinguishment system,
where required by fire code official” so that the full “exception”
paragraph (which appears immediately before 903.2.1) reads:
Exception: Spaces or areas in telecommunications
buildings used exclusively for telecommunications equipment, associated
electrical power distribution equipment, batteries and standby engines,
provided those spaces or areas are equipped throughout with an automatic
fire alarm system and are separated from the remainder of the building
by not less than 1-hour fire barriers constructed in accordance with
section 707 of the International Building Code or not less than 2-hour
horizontal assemblies constructed in accordance with section 711 of
the International Building Code, or both, with the installation of
an approved alternative extinguishment system, where required by the
fire code official.
(Ordinance 15-01 adopted 2015)
For provisions regarding fire lane enforcement, see section 10.04.011 of this code.
(Ordinance 09-04 adopted 2009)
A.
Collar
requirements.
All newly installed fire hydrants shall
be set in a concrete collar which, if square, shall measure at least
four feet by four feet (4' x 4'), or, if circular, shall have at least
a three foot (3') radius, or, if another shape, shall extend at least
three feet (3') in all directions from the center of the hydrant.
All town water system valve access points shall be set in a concrete
collar which, if square, shall measure at least two feet by two feet
(2' x 2'), or, if circular, shall have at least a two foot (2') radius,
or, if another shape, shall extend at least two feet (2') in all directions
from the center of the valve cover cap. All collars shall have a smooth
and level finish. They shall not mound upward or dip downward. All
collars shall be installed taking measures to minimize any and all
tripping hazards.
B.
Hydrant
installation.
All fire hydrants shall be installed in
accordance with the relevant portions of the town public works standards
manual, attached to the ordinance codified herein as attachment A
and incorporated herein, or any superseding town standards governing
hydrant installation. Hydrant installation shall take place under
the supervision of the town public utilities department.
All newly installed fire hydrants shall be buried with the collar
meeting the bury line on the lower barrel of the hydrant. The concrete
level shall not extend above the bury line.
C.
Town
approval.
All fire hydrants to be installed shall be
of a type approved by the town’s public utilities department.
Inspections and written approvals by the public utilities department
are required during and after installation of each hydrant.
D.
Fire
flow testing and marking.
Fire flow testing of fire hydrants
located within the town shall be conducted by the town’s fire
department or the town’s public utilities department, or the
designee of either department, in accordance with the standards set
forth in the most current version of National Fire Protection Association
(NFPA) 291, “Recommended Practice for Fire Flow Testing and
Marking of Hydrants” or any superseding NFPA publication, which
is incorporated into this section by this reference.
E.
Private
hydrants.
Any hydrants existing, installed on, or moved onto property not owned by the town to meet hydrant distancing or fire flow requirements, or for any other purpose, are the sole responsibility of property owner. The requirements of subsections A, B, C and D of this section shall apply to hydrants on private or other non-town property within town limits.
(Ordinance 09-13 adopted 2009)
The goal of the town fire department is for voluntary compliance
in correcting any fire code violations found during our fire inspection
programs. We hope that education about the fire code requirements
and their potential for harm will cause the owner/occupant to take
corrective action.
However, there are times where we must use a citation as a response
to fire code violations that endanger the public. Citations impose
an immediate financial impact on those responsible for these code
violations in an attempt to discourage repeat offenses.
A.
Citations.
If an officer with the fire marshal’s office determines
that a violation of the fire code has occurred, a citation may be
issued to the individual who committed the violation. Citable violations
include, but are not limited to:
1.
Failure
to obtain any required permits or failure to adhere to permit conditions.
2.
Failure
to adhere to assigned occupant load limits within occupancy.
3.
Blocked
or obstructed exits; exit corridor or aisle obstructed or width reduced.
4.
Fire
alarm device or fire extinguishing system blocked, obstructed or otherwise
rendered unusable.
5.
Parking
in a posted or marked fire lane on a private street or public property,
blocking or obstructing any fire hydrant or fire department connection.
6.
Possession
or use of illegal fireworks.
7.
Illegal
storage/use of fireworks or explosives.
8.
Illegal
occupancy in violation of building/fire code.
9.
Burning
in violation of fire code and town ordinances.
10.
Repetitive
false alarms in occupancies or businesses equipped with fire, smoke
and/or sprinkler flow detection systems.
11.
Knowingly
maintaining a fire hazard by failure to correct fire code violations
noted in writing.
12.
Violations
that would constitute or contribute to an immediate and/or imminent
hazard to life and/or property.
B.
Process
of citation.
Any notice of violation, with the exception
of the issuance of criminal process, will specify a period during
which the violator must correct the violation. If the violation is
not corrected within such specified time, the violator is subject
to being cited for a new and separate offense(s). The following process
will be followed unless there is an immediate or life safety issue:
1.
Written
violations of the fire code will be issued to the owner, occupant,
or representative of the property owner, with time given to correct
the violation.
C.
False
alarm service fees.
False alarm service fees are as set forth in the fee schedule in appendix A of this code.
D.
Citation
fee schedule.
|
Failure to secure a permit, per violation
|
$250.00
|
|
Fire extinguisher - lack of or out of compliance
|
$50.00
|
|
General fire code violations
|
$100.00
|
|
Life safety violations
|
$500.00
|
|
Occupancy posting requirements - address, evacuation plan, occupancy
load, etc.
|
$25.00
|
|
Open burning without a permit, per violation
|
$300.00
|
|
Subsequent violation of same code
|
$50.00
|
(Ordinance 15-01 adopted 2015; Ordinance adopting 2023 Code)
The fire marshal of the town volunteer fire department is appointed to be and to act as the town’s agent and representative with respect to the enforcement provisions of the fire code, adopted in section 8.12.010 of this chapter, and is also granted the power to authorize any approvals anticipated or required by the fire code.
(1981 Code, sec. 8-18; Ordinance
08-18 adopted 2008)
A.
Improper
handling of fire consists of:
1.
Setting
fire, or causing or procuring a fire to be set to any inflammable
vegetation or forest material;
2.
Leaving
any campfire burning and unattended upon the lands of another person;
or
3.
Causing
a fire to be started in any inflammable vegetation or forest material,
growing or being upon the lands of another person, by means of any
lighted cigar, cigarette, match or other manner, and leaving such
fire unquenched.
|
Nothing in this subsection shall constitute improper handling
of fire where the fire is a backfire set for the purpose of stopping
the progress of a fire then actually burning.
|
B.
Whoever
commits improper handling of fire is guilty of a petty misdemeanor.
(1981 Code, sec. 14-206)
A.
Use
of an engine without spark arrester consists of using or operating
any locomotive, logging engine, portable engine, traction engine or
stationary engine using any combustible fuel when such engine is not
provided with an adequate spark arrester kept in constant use and
repair.
B.
Escape
of fire or live sparks from any engine shall be prima facie evidence
that such engine has not been adequately equipped with a spark arrester
in compliance with this section.
C.
Whoever
commits use of an engine without spark arrester is guilty of a petty
misdemeanor.
(1981 Code, sec. 14-207)
