ATTACHMENTS
Attachment 1 - 2021 IFC AmendmentsAttachment 2 - 2021 IWUIC Amendments
(A) 
(1) 
The danger of range fires, brush fires, grass fires, forest fires and structure fires is extremely high in the county.
(2) 
Current fire conditions such as low relative humidity, weather and fuel content and condition have been extremely high in the county.
(3) 
The probability of ignition of materials and fire spread is extremely high in the county.
(4) 
Many fires have threatened structures/homes in the county.
(5) 
Many fires have been started by agricultural and other open burning, campfires and/or smoking.
(6) 
In light of these conditions, the U.S. Forest Service and state forestry have implemented or will soon implement fire restrictions in the Santa Fe, Carson and Cibola National Forests.
(7) 
The board of county commissioners, therefore, declares that dry conditions and high fire hazards represent a significant and immediate threat to the safety, health and welfare of the county.
(B) 
The board of county commissioners adopts the following prohibitions:
(1) 
Campfires;
(2) 
Open fires;
(3) 
Open burning of vegetation or rubbish;
(4) 
Use of aerial and ground audible fireworks as follows:
(a) 
Aerial spinners, helicopters, mines, missile-type rockets, Roman candles, shells, stick-type and rockets; and
(b) 
Chasers and firecrackers.
(5) 
Smoking within a county park, campground or any wildland area, except within an enclosed vehicle or building;
(6) 
Unauthorized use of off-road vehicles, motor bikes and chainsaws within county parks, campground and wildland areas; and/or
(7) 
Issuance of license/permit for burning.
(C) 
Except as specifically set forth herein, nothing herein shall be construed to limit the authority or responsibilities of the county fire marshal or the county sheriff under the provisions of other ordinances.
(D) 
Public displays of fireworks, as defined in section 96.16 [sic], are permitted in strict conformance with the requirements and conditions for public displays set forth therein.
(Ordinance 2002-04 adopted 3/26/02 Penalty, see section 96.31)
[1]
Editor’s note–Former subchapter 96.02 pertaining to the fire code and deriving from Ordinance 2018-8 adopted 12/11/18, was repealed and replaced in its entirety by Ordinance 2023-06 adopted 8/29/2023.
This subchapter shall be cited as "the Santa Fe County Fire Code" and shall be referred to herein as "the fire code" or "this code."
(Ordinance 2023-06 adopted 8/29/2023)
The fire code is promulgated pursuant to the statutory authority set forth in NMSA 1978 §§ 3-18-6, 3-18-11, 4-37-1, 4-37-3, 4-38-1, and 60-2C-1 to -11., and 10.25.5 and 10.25.6 NMAC. The fire code constitutes an exercise of Santa Fe County's general powers to provide for the health, safety and prosperity of its inhabitants.
(Ordinance 2023-06 adopted 8/29/2023)
This subchapter shall take effect thirty (30) days after it is recorded by the county clerk, pursuant to NMSA 1978, § 4-37-9. It shall be effective within the unincorporated boundaries of Santa Fe County ("the county"), including privately owned land or land owned by the United States.
(Ordinance 2023-06 adopted 8/29/2023)
This subchapter adopts the definitions contained in section 202 of the 2021 International Fire Code and section 202 of the 2021 International Wildland-Urban Interface Code, except as those definitions are otherwise amended by this subchapter. This subchapter also adopts the definitions contained in NMSA 1978, § 60-2C-2, as those definitions apply to section 96.23 of this subchapter.
(Ordinance 2023-06 adopted 8/29/2023)
The 2021 International Fire Code, ("IFC"), as published by the International Code Council, as well as IFC Appendix B (Fireflow Requirements for Buildings), Appendix D (Fire Apparatus Access Roads), and Appendix I (Fire Protection Systems - Noncompliant Conditions) of the IFC, is hereby adopted as part of the Santa Fe County Fire Code and is made a part hereof by reference subject to the modifications, additions and deletions set forth in section 96.20 of this subchapter. Any modifications, additions, or deletions to sections of the IFC do not affect their respective subsections unless otherwise provided in section 96.20.
(Ordinance 2023-06 adopted 8/29/2023)
The 2021 International Wildland-Urban Interface Code, ("IWUIC") as published by the International Code Council, is hereby adopted as a part of the Santa Fe County Fire Code and is made a part hereof by reference subject to the additions and deletions set forth in section 96.22 of this subchapter. Any modifications, additions, or deletions to sections of the IWUIC do not affect their respective subsections unless otherwise provided in section 96.22.
(Ordinance 2023-06 adopted 8/29/2023)
(A) 
Fireworks are regulated under chapter 56 of the IFC which is hereby adopted subject to any additions, deletions or modifications adopted by this subchapter. The Fireworks Licensing and Safety Act, §§ 60-2C-1 to -11, NMSA 1978 ("FLSA"), provides further regulation of fireworks.
(B) 
Display fireworks:
(1) 
Permit required.
Only the holder of a permit for a fireworks display issued by the fire marshal may ignite or discharge display fireworks in Santa Fe County. The fire marshal may grant permits for supervised and controlled ignition of display fireworks. Once applied for, such permits may be granted by the fire marshal subject to such restrictions and conditions as the fire marshal imposes to protect the public's interest in a safe fireworks display. Every such display shall be handled by a competent operator duly approved by the fire marshal and shall be of such composition, character and so located, discharged or fired, to not be hazardous to property or endanger life.
(2) 
Application for permit.
An application for a fireworks permit shall be made in writing at least thirty (30) days in advance of the date of the display. If the permit is granted, the use of fireworks for such display shall be lawful for that purpose only.
(3) 
Financial responsibility.
Before any permit for display fireworks is issued, the applicant shall furnish proof of financial responsibility by either providing a bond or letter of credit in the amount of not less than $2,000,000.00 (two million dollars) per claim, $5,000,000.00 (five million dollars) aggregate, to satisfy any claims for damages to property or personal injuries arising out of any act or omission on the part of the applicant or any agent or employee of the applicant.
(4) 
Definitions.
For purposes of this subsection, in those instances where the terms are defined in the FLSA, the definitions found in the FLSA shall apply rather than the definitions set forth in the fire code.
(C) 
Nothing in this subchapter shall be construed to limit the authority granted by the FLSA to the Santa Fe County Board of County Commissioners to impose fireworks restrictions.
(Ordinance 2023-06 adopted 8/29/2023)
(A) 
In the event of a failure of a fire protection system, or three or more unintended activations of the same fire protection system within thirty (30) calendar days, the fire marshal is authorized to require the building owner to provide a fire watch until the fire protection system is repaired.
(B) 
It shall be a violation of the fire code for a property owner to have three unintended activations of the same fire protection system within thirty (30) calendar days.
(C) 
When a fourth and succeeding unintended activation of the same fire protection system occurs within thirty (30) calendar days, the fourth and subsequent activations shall each constitute a separate violation of the fire code.
(Ordinance 2023-06 adopted 8/29/2023)
Required permits under the fire code are set forth in section 105 of the IFC as amended by section 96.20 of this subchapter.
(Ordinance 2023-06 adopted 8/29/2023)
(A) 
The owner of a property which houses one or more of the following types of occupancies, as defined by this code, shall obtain an annual fire inspection, both prior to commencement of operations and each year thereafter, to confirm compliance with the fire code:
(1) 
Assembly Group A-1.
(2) 
Assembly Group A-2.
(3) 
Assembly Group A-3>3,000 sf.
(4) 
Educational Group E.
(5) 
Institutional Group I-1.
(6) 
Institutional Group I-2.
(7) 
Mercantile Group M>6,000 sf.
(8) 
Residential Group R-1.
(9) 
Residential Group R-2.
(10) 
Residential Group R-4
(B) 
The property owner shall pay the annual fire inspection fee prior to inspection.
(C) 
As soon as practicable thereafter, the inspection shall occur. The fire marshal shall mail to the property owner an inspection report specifying each deficiency under the fire code and how and when compliance with the fire code must be accomplished. A property owner who fails to correct violations identified in the inspection report within the time frame established in that report will be charged a reinspection fee when the fire marshal inspects their property, unless the property owner has been actively working with the fire marshal to remedy the violations and the fire marshal has granted an extension of time to comply. Failure of the property owner to timely comply with the requirements of this section and/or remediate in accordance with the inspection report or any written extension of time granted by the fire marshal shall constitute a violation of the fire code.
(Ordinance 2023-06 adopted 8/29/2023)
(A) 
In addition to meeting the requirements of chapter 1 and chapter 9 of the IFC, as adopted and amended by this subchapter, any application for a permit to install, rehabilitate or modify a fire protection system or life safety system (as those terms are defined in this code) shall also comply with the requirements of this section.
(B) 
Submittals: Construction documents for the fire protection system and supporting data shall be submitted to the fire marshal in two or more sets with each application for a permit and in such form and detail as required by the county's current standards on fire protection systems plan submittal. In addition, submittals shall meet the minimum requirements of the New Mexico State Fire Marshal's Office of Fire Code Enforcement and Regulation.
(Ordinance 2023-06 adopted 8/29/2023)
(A) 
Fire inspections shall be conducted by the fire prevention division for the purposes of fire prevention and protection. An applicant for plan review, fire inspection, and/or a permit, must pay the fees found in this section at the time the application is submitted and prior to work commencing on the application.
(B) 
Fire protection systems plan review and construction permit issued in accordance with section 105 of the IFC, as amended by section 96.20 and section 96.27 of this subchapter:
(1) 
Commercial automatic sprinkler: $200.00.
(2) 
Commercial fire alarm/detection: $150.00.
(3) 
Commercial alternative automatic extinguishing: $100.00.
(4) 
Commercial water tank/draft hydrant: $100.00.
(5) 
Residential automatic sprinkler: $75.00.
(6) 
Residential water tank/draft hydrant: $75.00.
(7) 
Resubmissions: $50.00.
(C) 
Operational permits and inspections required by section 105 of the IFC, as amended by section 96.20 of this subchapter.
(1) 
$50.00 per permit (agricultural, vegetation, ceremonial and recreational open burn permits are free of charge).
(D) 
Annual fire inspection required by section 96.26:
(1) 
Inspection prior to commencement of operations:
(a) 
No impact and low impact: $25.00.
(b) 
Businesses of 1,500 square feet or less: $50.00.
(c) 
Businesses of 1,501 to 3,000 square feet: $75.00.
(d) 
Businesses of 3,001 to 6,000 square feet: $100.00.
(e) 
Businesses of 6,001 to 9,000 square feet: $125.00.
(f) 
Businesses of more than 9,000 square feet: $150.00.
(g) 
Reinspections: $50.00.
(2) 
Annual inspection each year after commencement of operations:
(a) 
Businesses of 1,500 square feet or less: $50.00.
(b) 
Businesses of 1,501 to 3,000 square feet: $75.00.
(c) 
Businesses of 3,001 to 6,000 square feet: $100.00.
(d) 
Businesses of 6,001 to 9,000 square feet: $125.00.
(e) 
Businesses of more than 9,001 square feet: $150.00.
(f) 
Reinspections: $50.00.
(E) 
Site development, subdivision plan, subdivision exemptions, and other plat reviews required by the sustainable land development code:
(1) 
Commercial: $50.00.
(2) 
Residential: $25.00 per structure or if no structure per lot.
(F) 
Conceptual plan review required by the sustainable land development code:
(1) 
Commercial: $150.00.
(2) 
Residential: $150.00.
(3) 
Amendment: $75.00.
(Ordinance 2023-06 adopted 8/29/2023)
(A) 
Appeal of fire marshal decision and written request to fire chief for reconsideration.
Any person with standing aggrieved by any decision of the fire marshal applying the fire code ("grievant") may appeal the decision, provided that prior to appealing the decision, the grievant first request, in writing, that the fire chief reconsider the decision of the fire marshal. An appeal is only ripe if the fire chief enters a decision adverse to the grievant in response to the request for reconsideration. However, if the fire chief does not enter a decision in response to the request for reconsideration within ten (10) calendar days of receipt of the written request, the grievant may proceed to appeal the fire marshal's decision as set forth below.
(B) 
Appeal deadline.
An appeal shall be filed in writing by the grievant within fifteen (15) calendar days of an adverse decision of the fire chief in response to a request for reconsideration or within fifteen (15) calendar days of the fire chief's failure to act on the request for reconsideration. The fifteen (15) calendar day appeal period is jurisdictional and may not be waived. The appeal must be hand delivered or sent first class mail post marked on or before the fifteenth (15) calendar day of the appeal period to the office of the fire chief.
(C) 
Grounds for appeal.
The appeal shall be based on a claim that, singularly or in combination, the fire code has been incorrectly interpreted or applied, the provisions of the fire code do not fully apply, or an equivalent method of protection or safety was proposed and unnecessarily rejected. The hearing examiner shall have no authority to waive requirements of the code.
(D) 
Content of appeal.
To meet the requirements of subsection (C), the appeal shall contain a detailed description of the specific decision of the fire marshal being appealed and a clear, brief statement of how the decision misinterprets or misapplies the Fire Code. In addition, and if applicable, the appeal shall provide a clear statement describing any further grounds of appeal described in subsection (C). The appeal shall cite the specific provision(s) of the Fire Code claimed to be misinterpreted or misapplied, state the date of the decision that is being appealed, and include the contact information for the grievant, including a mailing address. A grievant may file any additional documentation that supports the appeal, but any submittal which fails to address the requirements of this section will be deemed incomplete and will constitute abandonment of the appeal.
(E) 
Fee.
The appeal must be accompanied by a money order payable to county in the amount of one hundred fifty dollars ($150.00) to cover some of the expenses incurred by the county in the appeal process.
(F) 
Appointment of hearing examiner.
The county shall appoint a fire code hearing examiner ("hearing examiner") capable of interpreting and applying the fire code, to hear appeals of decisions of the fire marshal regarding application and interpretation of the fire code.
(G) 
Legal counsel.
The Santa Fe County Attorney's Office shall provide legal counsel to the hearing examiner as may be necessary for that individual to fulfill their duties and concerning matters before them.
(H) 
Public hearing.
A hearing of the appeal before the hearing examiner shall be held as soon as practicable after the appeal is filed and a hearing examiner is appointed. Hearings shall be conducted in accordance with the New Mexico Open Meetings Act, NMSA 1978, §§ 10-15-1 to -4, (the "Open Meetings Act").
(I) 
Meeting notice.
In addition to any notice of the hearing required by the Open Meetings Act, notice of the hearing shall be mailed by the hearing examiner to the grievant and any other person who has requested in writing that the hearing examiner provide them with notice of the hearing, specifying the location, date and time of the hearing. Notice shall be mailed at least ten (10) days prior to the hearing to the address of the grievant contained in the appeal, to the fire marshal and to anyone who has requested notice.
(J) 
Conduct of hearing.
Any hearing shall be conducted in an orderly manner. In conducting the hearing, the hearing examiner shall not be limited by formal rules of evidence. However, the hearing examiner shall exclude all irrelevant, immaterial and unduly repetitious evidence. The hearing examiner shall afford the grievant and the fire marshal an opportunity for a full and fair hearing, including the right to present evidence and call and examine witnesses to testify. The hearing examiner does not have the authority to issue subpoenas and the grievant and fire marshal are responsible for securing the presence of witnesses to testify on their behalf at hearing.
(K) 
Final written decision.
The hearing examiner may uphold, modify or reverse the decision of the fire marshal, and where appropriate shall interpret the provisions and application of the fire code in dispute. The hearing examiner shall mail a written decision to the grievant, the fire marshal and any person who requested notice of the hearing as set forth above, within fifteen (15) calendar days of the final hearing in the matter, and the decision shall include findings and conclusions. The issuance of a final written decision of the hearing examiner in the matter shall be final and constitutes exhaustion of all administrative remedies.
(L) 
Recording.
Every decision of the hearing examiner shall be made part of the official records of county's fire prevention division and shall be open for public inspection pursuant to the Inspection of Public Records Act. The hearing examiner shall ensure that hearings are recorded.
(M) 
Appeal to district court.
Any party aggrieved by a decision of the hearing examiner may file an appeal with the First Judicial District Court of New Mexico within thirty (30) calendar days of the hearing examiner's decision. Appeals to the First Judicial District Court shall be from the record. Said record shall consist of a transcript or recording of all testimony taken during the hearing before the hearing examiner, all exhibits accepted into the record by the hearing examiner, and a copy of the hearing examiner's decision.
(Ordinance 2023-06 adopted 8/29/2023)
The fire marshal and any duly authorized employee shall have the authority to enforce this subchapter in a court of competent jurisdiction and in accordance with NMSA 1978, § 4-37-3 and chapter 1 of the fire code. Pursuant to NMSA 1978, § 4-37-3(B), the Santa Fe County Board of County Commissioners shall authorize by resolution and as necessary those employees within the division that may issue citations for prosecutions of violations of this subchapter.
(Ordinance 2023-06 adopted 8/29/2023)
Violations of the fire code shall be punishable in accordance with NMSA 1978, § 4-37-3. A violation of the fire code is a misdemeanor punishable by a fine not to exceed three hundred dollars ($300.00) and/or imprisonment for a period not to exceed ninety (90) days.
(Ordinance 2023-06 adopted 8/29/2023)
The county hereby incorporates by reference as though fully set out in this section and adopts as part of the fire code the following standard as promulgated by the National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02269:
(1) 
NFPA 855-2023: Standard for the Installation of Stationary Energy Storage Systems. In the event NFPA amends NFPA 855-2023 or adopts a new edition of NFPA 855, the fire marshal shall, within three months of the fire marshal becoming aware of NFPA's adoption of the amendment or new edition, inform the board of county commissioners and make a recommendation concerning whether it should adopt the amended or new edition of NFPA 855.
(Ordinance 2023-09 adopted 12/13/2023)