The International Fire Code is hereby amended as follows:
A.
Chapter 1, scope and administration.
(1)
Title. Section 101.1 of the IFC shall be amended to read as follows:
"These regulations shall be known as the Fire Code of Dona Ana County,
hereinafter referred to as "this code."
(2)
Official records. Section 104.6 of the IFC shall be amended to read
as follows: "The County Fire Chief, fire prevention personnel, or
their designee shall keep official records as required by sections
104.6.1 through 104.6.4 of the IFC. Such records shall be retained
in accordance with any record retention requirements established by
Dona Ana County and the State of New Mexico."
(3)
Fire investigations. Section 104.10 of the IFC shall be amended to
read as follows: "The County Fire Chief, fire prevention personnel
or their designee are authorized to investigate any fire or explosion,
or attempt to cause any fire origin and circumstances of explosion
in the jurisdiction. For the purpose of such investigations, the County
Fire Chief, fire prevention personnel or their designee, are authorized
in noncriminal cases to conduct hearings, subpoena witness, take testimony
and enter upon and examine any building or premises where any fire
or explosion or attempt to cause a fire or explosion shall have occurred,
which at the time may be burning. The County Fire Chief, fire prevention
personnel or their designee, shall also have the power to cause to
be produced before them, in conjunction with Dona Ana County District
attorney's office, such papers as they may require in making
such examination. In addition, the County Fire Chief, fire prevention
personnel or their designee, may, in their discretion, take full control
and custody of such buildings and premises and place such person in
charge thereof as they may deem proper, until their examination and
investigation is completed."
(4)
Fire prevention and police authority. Section 104.10.2 shall be added
to the IFC to read as follows:
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A.
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Members of the fire prevention services shall have the powers
of a police officer in performing their duties under this code when:
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1.
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Such members of the fire prevention services have been certified
by a law enforcement academy authorized by the state of New Mexico;
and
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2.
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Such members have been commissioned as police officers by Dona
Ana County Sheriffs Department.
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B.
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Members of the fire prevention services who meet the requirements
stated in paragraphs (1) and (2) of subpart (A) of this section shall
have the following powers:
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1.
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Authority to arrest and/or detain suspects upon probable cause
that the suspect was involved in a fire or explosion under investigation;
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2.
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Authority to carry such weapons and use such equipment necessary
in the discharge of their duties pursuant to this code;
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3.
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Authority to investigate arson and related crimes if so appointed
and authorized by the Dona Ana County Sheriff.
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4.
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Authority to conduct hearings, subpoena witness, take testimony
in criminal cases.
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C.
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All other members of the fire department who do not meet the
requirements of subpart (A) of this section shall have the power to
issue citations only for violations of this code.
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(5)
Obstructing operations. Section 104.11.2 of the IFC shall be amended
to read as follows: "No persons shall obstruct the operations of the
fire department in connection with extinguishment or control of any
fire, or actions relative to other emergencies, non-emergency incidents
or training, or disobey any lawful command of the fire chief or member
of the fire department or any lawful order of a police officer assisting
the fire department."
(6)
General. Section 105.1.1 of the IFC shall be amended to read as follows:
"Permits required by this code shall be obtained from the Fire Code
Official. Any required permit fees shall be established by resolution
adopted by the Board of County Commissioners of Dona Ana County, and
any required fees shall be paid to the County prior to issuance of
a permit. Any person commencing work or performing any action requiring
a permit under this code without first obtaining the necessary permit
shall be subject to a penalty fee, as shall be established by resolution
adopted by the Board of County Commissioners of Dona Ana County, in
addition to the regular permit fee and other penalties set forth in
Section 109.3 of this Code. Issued permits shall be kept on the premises
designated therein at all times and shall be readily available for
inspection from the Fire Code Official."
(7)
Payment required. Section 105.1.1 of the IFC shall be amended to
read as follows: "A permit, although issued, shall not be valid until
all required fees have been paid. All government entities are exempted
from payment of the permit fees required in this chapter, provided
that the facilities are owned, operated and maintained by government
agencies."
(8)
Construction documents. Section 105.4 of the IFC shall be amended
to read as follows: "Construction documents shall be in accordance
with sections 105.4.1 through 105.4.6 and requirements established
by the Dona Ana County Community Development Department."
(9)
Open burning. Section 105.6.32 shall be amended to read as follows:
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A.
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"Vegetative material" means plant material, including grass,
grass clippings, leaves, conifer needles, bushes, shrubs, trees, and
clippings from bushes, shrubs and trees, resulting from maintenance
of yards or other private or public lands; and wood waste, clean lumber,
wood and wood products, including tree stumps (whole or chipped),
trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps,
slabs, millings, and shavings, which have not been painted, pigment-stained,
or treated with compounds containing chromium, copper, arsenic, pentachlorophenol,
or creosote. Open burning should take place no less than 300 feet
from any structure, and an extinguishing agent should be readily available.
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B.
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Prohibited open burning. Open burning that is reasonably offensive
or objectionable because of smoke emissions or when atmospheric conditions
in accordance to State of New Mexico Air Quality Bureau or circumstances
make such fire hazardous shall be prohibited. The burning of trash,
tires, plastics, rubbish or any other paper products is also prohibited.
Open burning is prohibited after dark. Burning shall begin no earlier
than one hour after sunrise and shall be extinguished no later than
one hour before sunset.
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C.
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Penalties.
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a.
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Notwithstanding any other penalties established in this chapter,
violators of the open burning regulations set out herein shall be
subject to the following:
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b.
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First time violators who demonstrate cooperation in compliance
may be fined up to $100 per violation. First time violators who fail
to demonstrate cooperation in compliance may be fined up to $200 per
violation.
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c.
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Multiple time violators who demonstrate cooperation in compliance
may be fined up to $500 per violation. Multiple time violators who
fail to demonstrate cooperation in compliance may be fined up to $1,000
per violation, provided, however, the penalties assessed in the field
citation shall not exceed $1,000 per day per violation or a maximum
of $15,000.
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d.
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In determining the amount of a penalty to be assessed pursuant
to this section, the person issuing the field citation shall take
into account the seriousness of the violation, any good-faith effort
to comply with the applicable requirements and other relevant factors
as set forth by NMAC § 20.2.90.111.
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D.
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Notification. Mesilla Valley Regional Dispatch Authority (MVRDA)(575)
526-0795 (Nonemergency number) shall be notified to determine whether
or not burning is allowed for that day. MVRDA must also be notified
prior to commencement and at the completion of open burning. Open
burning shall begin no earlier than one hour after sunrise, and shall
be extinguished no later than one hour before sunset.
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Exceptions: Recreational fires and open burning of vegetative
materials.
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(10)
Required construction permits. Section 105.7 of the IFC shall
be amended to read as follows: "The Fire Code Official is authorized
to issue construction permits for work as set forth in Sections 105.7.1
through 105.7.18 and the Unified Development Code, DAC Code Chapter
350."
(11)
Design safety margin; automatic fire-extinguishing systems.
Section 105.7.1.1 shall be added to the IFC to read as follows: "Unless
otherwise approved by the County Fire Chief, fire prevention personnel
or his designee, all-automatic sprinkler systems shall be designed
with a minimum 10 psi safety margin."
(12)
Hydraulic calculations required.
(a)
Section 105.7.1.2 shall be added to the IFC to read as follows:
"When required by the Fire Code Official, hydraulic calculations shall
be provided for modification to an existing automatic fire extinguishing
system requiring the installation of additional heads when either
of the following occurs:
(b)
The Fire Code Official may require hydraulic calculations be
submitted for any modification to an existing system when deemed necessary
to adequately evaluate the impact on the systems."
(13)
Board of Appeals established. Section 108.1 of the IFC shall
be amended to read as follows: "A decision of the Fire Code Official
may be appealed by filing a request for appeal in writing to the County
Fire Chief within 30 days of the aggrieved decision or action. The
appeal shall be heard by the Board of County Commissioners within
90 days of such filing."
(14)
Limitations on authority. Section 108.2 of the IFC shall be
deleted in its entirety.
(15)
Qualifications. Section 108.3 of the IFC shall be deleted in
its entirety.
(16)
Violation penalties. Section 109.3 of the IFC shall be amended
to read as follows: "Unless otherwise specifically provided, any person
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 or contrary to any approved
construction document, permit, certificate or directive of the Fire
Code Officials is, upon conviction, subject to a fine of not more
than $300 or imprisonment of not more than 90 days. Each day that
a violation continues after due notice has been served shall be deemed
a separate offense."
(17)
Failure to comply. Section 111.4 of the IFC shall be amended
to read as follows: "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 abate a violation or unsafe condition,
shall be considered to be in violation of this code and shall be subjected
to the penalties as set forth herein."
B.
Chapter 4, emergency planning and preparedness.
(1)
Emergency evacuation drills. Table 405.2 of the IFC ("Fire and evacuation
drill frequency and participation") shall be amended as follows: Group
H occupancies as defined in Chapter 2, Section 202, of the IFC shall
follow the same guidelines as Group A occupancies in the table.
C.
Chapter 5, fire service features.
(1)
Address identification. Section 505.1 of the IFC shall be amended
to read as follows: "New and existing buildings shall have approved
address numbers, building numbers or approved building identification
placed in a position that is plainly legible and visible from the
street or road fronting the property. These numbers shall contrast
with their background for visibility. Numbers shall be not less than
two inches in width and three inches in height."
(2)
Hydrant for standpipe systems. Section 507.5.1.1 of the IFC shall
be amended as follows: Fire protection in recreational vehicle, mobile
home and manufactured housing parks, sales lots and storage lots shall
provide and maintain fire hydrants and access roads in accordance
with Sections 503 and 507 of the IFC.
(3)
Obstruction. Section 507.5.4 of the IFC shall be amended to read
as follows: "Unobstructed access to fire hydrants shall be maintained
at all times. No person shall stop, stand or park a vehicle, except
when necessary to avoid conflict with other traffic-control device,
within 15 feet of a fire hydrant, within 15 feet of a Fire Department
Connection (FDC), within a fire lane or fire apparatus access road,
within 20 feet of the driveway entrance to any fire station, or on
the side of a street opposite the entrance to any fire station and
within 75 feet of said entrance, when properly posted. The fire department
shall not be deterred or hindered from gaining immediate access to
fire protection equipment or fire hydrants. The Fire Code Official
is authorized to have towed at the owner's expense any vehicle
found in violation of this code regardless of the presence of the
driver."
D.
Chapter 9, fire protection features.
(1)
Pump and riser room size. Section 901.4.6 of the IFC shall be amended
to read as follows: "Where provided, fire pump rooms and automatic
sprinkler system riser rooms shall be designated and have adequate
space for all equipment necessary for the installation (as defined
by the manufacturer), with sufficient working space around the stationary
equipment. Clearances around equipment to the elements of permanent
construction, including other installed equipment and appliances,
shall be sufficient to allow inspection, service, repair, or replacement
without removing such elements of permanent construction or disabling
the function of a required fire-resistance-rated assembly. Fire pump
and automatic sprinkler systems riser rooms shall be provided with
a door(s) to the exterior and an unobstructed passageway large enough
to allow removal of the largest piece of equipment.
(2)
Definition of "standpipe systems, classes of." Section 902.1, and
Section 202 by reference, of the IFC shall be amended to read as follows:
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Standpipe classes are as follows:
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A.
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Class I system. A system providing 2.5-inch (64 mm) hose connections
to supply water for use by fire department and those trained in handling
heavy fire streams.
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B.
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Class II system. A system providing 1.5-inch (38 mm) hose stations
to supply water for uses primarily by the building occupants or by
the fire department during initial response. 1.5-inch hoses and hose
cabinets shall not be provided to the building owner, unless required
by the Fire Code Official.
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C.
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Class III System. A system providing 1.5-inch (38 mm) hose stations
to supply water for use by building occupants and 2.5-inch (64 mm)
hose connections to supply a larger volume of water for use by fire
departments and those trained in handling heavy fire streams. 1.5-inch
hoses and hose cabinets shall not be provided to the building owner,
unless required by the Fire Code Official.
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(3)
Section 903.2 Exception shall be deleted in its entirety.
(4)
Sprinkler system supervision and alarms; exceptions. Section 903.4,
subparagraph 1, of the IFC shall be amended to read as follows:
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1.
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Limited area systems serving fewer than 20 sprinklers in other
than Group H (High Hazard) and Group 1 occupancies.
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E.
Chapter 23, motor fuel-dispensing facilities and repair garages.
(1)
Overfill protection of the IFC. Section 2306.2.3, subparagraph 1,
of the IFC shall be amended to read as follows: "Existing above-ground
tanks shall comply with section 2306.2.3 of the IFC."
F.
Chapter 24, flammable finishes.
(1)
Frequency. Section 2404.9.2 of the IFC shall be amended to read as
follows: "Spraying operations shall not be of a continuous nature
and shall not exceed nine square feet per day."
H.
Chapter 58, flammable gases and flammable cryogenic fluids.
(1)
Storage of flammable cryogenic fluids in stationary containers; limitations. The geographic limitations in Section 5806.2 of the IFC, in which storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited, shall be in accordance with the County Unified Development Code, DAC Code Chapter 350.
I.
Chapter 61, liquefied petroleum gases.
(1)
Storage of liquefied petroleum gases. The geographic limitations referred to in Section 6104.2 of the IFC, in which storage and use of liquefied petroleum gas are restricted, shall be in accordance with the County Unified Development Code, DAC Code Chapter 350. The aggregate capacity of any one installation shall not exceed a 2,000-gallon water capacity in residential areas, except at a multi-container location, such as a dispensing station, and at bulk facilities.
(2)
Fire protection; general. Section 6108.1 of the IFC shall be amended
to read as follows: "Fire protection shall be provided for installations
having LP-gas storage containers with a water capacity of more than
4,000 (15,140 L) gallons, as required by section 6.25 of National
Fire Protection Agency 58."
(3)
Penalties. Any person who violates any of the provisions of the Fire
Code as adopted and amended in this article, who fails to comply with
the Fire Code, who violates or fails to comply with any order made
under the Fire Code, who builds in violation of any order made under
the Fire Code, who builds in violation of any detailed statement of
specifications or plans submitted and approved under the Fire Code
or any certificate or permit issued under the Fire Code and from which
no appeal has been taken or such appeal has been denied, or who fails
to comply with such an order as affirmed or modified by this article
or by a court or competent jurisdiction, within the required time,
shall severally for each and every such violation and noncompliance,
respectively, be guilty of a misdemeanor.
J.
Appendix D, fire apparatus access roads.
(1)
Scope. Section D101.1 of the IFC shall be amended to read as follows:
"In the case of conflict with differing codes, the more restrictive
code shall be controlling."
(2)
Access. Section D102.1 of the IFC shall be amended as follows: Facilities,
buildings or portions of buildings hereafter constructed shall be
accessible to fire department apparatus by way of an approved fire
apparatus access road with asphalt, concrete or other approved driving
surface capable of supporting the imposed load of fire apparatus weighing
at least 75,000 pounds (34,050 kg).
(3)
Minimum specifications. Section D103 of the IFC shall be amended
as follows:
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A.
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D103.1. Access road width with a hydrant. Where a fire hydrant
is located on a fire apparatus road, the minimum road width shall
be 26 feet (7,925 mm).
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B.
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D103.2 Grade. Fire apparatus access roads shall not exceed 10%
in grade unless approved by the Fire Code Official.
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C.
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D103.3 Turning radius. The minimum turning radius shall be determined
by the Fire Code Official.
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D.
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D103.4 Dead ends. Dead-end fire apparatus access roads in excess
of 150 feet (45,720 mm) shall be provided with width and turnaround
provisions in accordance with Dona Ana County Design Standards or
as approved by the Fire Code Official.
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E.
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D103.5 Fire apparatus access road gates. Where required by the
Fire Code Official, gates securing the fire apparatus access roads
shall comply with all of the following criteria:
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1.
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The minimum gate width shall be 20 feet (6,096 mm).
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2.
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Gates shall be of the swinging or sliding type.
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3.
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Construction of gates shall be of materials that allow manual
operation by one person.
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4.
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Gate components shall be maintained in an operative condition
at all times and replaced or repaired when defective.
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5.
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Electric gates shall be equipped with a means of opening that
gate by fire department personnel for emergency access. Emergency
opening devices shall be approved by the Fire Code Official.
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6.
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Manual opening gates shall not be locked with a padlock or chain
unless they are capable of being opened by means of forcible entry
tools.
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7.
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Locking device specifications shall be submitted for approval
by the Fire Code Official.
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8.
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Electric gate operators, where provided, shall be listed in
accordance with Underwriters Laboratory (UL) 325.
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9.
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Gates intended for automatic operation shall be designed, constructed
and installed to comply with requirements of American Society for
Testing and Materials (ASTM) F 2200.
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(4)
Signs. Section D103.6 of the IFC shall be amended as follows:
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A.
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B.
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D103.6.1 Fire apparatus access roads 20 to 26 feet wide shall
be posted on both directions of the roadway as a fire lane.
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C.
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D103.6.2 Fire apparatus access roads more than 26 feet wide
to 32 feet wide shall be posted on one direction of the road as a
fire lane. One side will be designated as the fire lane.
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(5)
Commercial and industrial developments. Section D104 of the IFC shall
be amended as follows:
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A.
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D104.1 Buildings exceeding three stories or 30 feet in height.
Buildings or facilities exceeding 30 feet or three stories in height
shall have at least two means of fire apparatus access for each structure,
and room for fire apparatus to operate for each structure during fire
suppression efforts.
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B.
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D104.2 Building exceeding 62,000 square feet in area. Buildings
or facilities having a gross building area of more than 62,000 square
feet shall be provided with two separate and approved fire apparatus
access roads.
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Exception: When approved by the Fire Code Official, projects
having a gross building area of up to 124,000 total square feet (11,520
m2) shall have a single approved fire apparatus
access road with all buildings equipped throughout with approved automatic
sprinkler systems.
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C.
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104.3 Remoteness. Where two access roads are required, they
shall be placed a distance apart equal to not less than 1/2 of the
length of the maximum overall diagonal dimension of the property or
area to be served, measured in a straight line between accesses.
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(6)
Aerial fire apparatus access roads. Section D105 of the IFC shall
be amended as follows:
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A.
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D105.1 Where required. Where required by the Fire Code Official,
buildings or portions of buildings or facilities exceeding 30 feet
in height above the lowest level of fire department vehicle access
shall be provided with approved fire apparatus access roads capable
of accommodating fire department aerial apparatus. Overhead utility
and power lines shall not be located within the aerial fire apparatus
access roadway.
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B.
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D105.2 Width. Fire apparatus access roads shall have a minimum
unobstructed width of 26 feet in the immediate vicinity of any building
or portion of building more than 30 feet in height.
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(7)
Multiple-family residential developments. Section D106 of the IFC
shall be amended as follows:
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A.
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D106.1 Projects having more than 100 dwelling units. Multiple-family
residential projects having more than 100 dwelling units shall be
equipped throughout with two separate and approved fire access roads.
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Exception: When approved by the Fire Code Official, projects
having up to 200 dwelling units may have a single approved fire apparatus
access road when all buildings, including nonresidential occupancies,
are equipped throughout with approved automatic sprinkler systems
installed in accordance with Section 903.3.1.1 or 903.3.1.2 or 903.3.1.3
of this code.
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B.
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D106.2 Projects having more than 200 dwelling units. Multiple-family
residential projects having more than 200 dwelling units shall be
provided with two separate and approved fire apparatus access roads
regardless of whether they are equipped with an approved automatic
sprinkler system.
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(8)
One- or two-family residential developments. Section D107 of the
IFC shall be amended as follows:
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D107.1 One- or two-family dwelling residential developments.
Developments of one or two-family dwellings where the number of dwelling
units exceeds 30 shall be provided with separate and approved fire
apparatus access roads and shall meet the requirements of Sec. D104.3.
For this section, a structure meeting the definition of a townhouse
and constructed in accordance with the current International Residential
Code (IRC) shall be considered a one-family dwelling.
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Exception 1. When approved by the Fire Code Official, where
there are 30 or more dwelling units on a single public or private
access way and all dwelling units are protected by an approved automatic
sprinkler system, access from two directions shall not be required.
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Exception 2. The number of dwelling units on a single fire apparatus
access road shall not be increased unless fire apparatus access roads
are incorporated with future or planned development, as determined
by the Fire Code Official.
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