(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;
(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.
(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repealed and replaced in its entirety by Ordinance 2023-06 adopted 8/29/2023.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 following modifications, additions and deletions to the
IFC are hereby adopted as part of the fire code[1]:
(Ordinance 2023-06 adopted 8/29/2023; Ordinance
2023-09 adopted 12/13/2023)
[1]
Editor's note—The 2021 IFC amendments are included as an attachment to this chapter.
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)
The following modifications, additions and deletions to the
IWUIC are hereby adopted as part of the fire code[1]:
(Ordinance 2023-06 adopted 8/29/2023)
[1]
Editor's note—The 2021 IWUIC amendments are included as an attachment to this chapter.
(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:
(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.
(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:
(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)
