The town of Mesilla shall consider and adopt the most current version of the International Fire Code (hereinafter “the code”), as amended in this chapter, adopted by resolution after the fire code official has researched the changes and reported how those changes will affect the town of Mesilla, and including the following appendices of the code:
Appendix A: Amended as follows:
Whenever the fire code official disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of this code do not apply or that the true intent and meaning of this code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision to the town of Mesilla board of trustees by writing to the fire chief requesting an appeal within 30 days of the aggrieved action.
Appendix B: Fire-Flow Requirements for Buildings;
Appendix C: Fire Hydrant Locations and Distribution;
Appendix D: Fire Apparatus Access Roads;
Appendix E: Hazardous Categories;
Appendix F: Hazardous Ranking;
Appendix G: Cryogenic Fluids – Weight and Volume Equivalents;
Appendix H: Hazardous Materials Management Plan (HMMP) and Hazardous Materials and 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;
Appendix L: Requirements for Fire Fighter Air Replenishment Systems;
Appendix M: High-Rise Buildings – Retroactive Automatic Sprinkler Requirement;
Appendix N: Indoor Trade Shows and Exhibitions.
(Ord. 2004-10 § 1; Ord. 2019-02 § 1)
The following sections are hereby revised as follows:
Section 101.1 Title. These regulations shall be known as the Fire Code of the Town of Mesilla hereinafter referred to as “this code.”
Section 104.6 Official records. The fire code official shall keep official records as required by Sections 104.6 through 104.6.4. Such official records shall be retained in accordance with the record retention requirements established by the Town of Mesilla, and the State of New Mexico.
Section 104.10.2 Fire prevention personnel and police authority.
A. Members of the fire prevention services shall have the powers of a police officer in performing their duties under this code when:
1. Such members of the fire prevention services have been certified by a law enforcement academy authorized by the State of New Mexico; and
2. Such members have been commissioned as peace officers in the state of New Mexico;
B. Members of the fire prevention services who meet the requirement stated in paragraphs (1) and (2) of subpart A of this section shall have the following powers:
1. Powers of arrest for criminal matters;
2. Authority to carry such weapons and utilize such equipment necessary in the discharge of their duties pursuant to this code;
3. Authority to investigate arson and related crimes if so appointed and authorized;
C. All other members of the fire prevention services who do not meet the requirements of subpart A of this section shall have the power to issue citations only for violations of the International Fire Code and have the authority to investigate arson and related crimes in conjunction with the Town of Mesilla Marshals Department.
Section 105.1.1 Permits Required. Permit and license fees, as required by Table
105.1.1 of this code, shall be paid to the town prior to issuance of the permit. This fee is charged to pay part of the expense of enforcing this section. 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 fee of 200% of the scheduled permit fee in addition to the scheduled 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 by the fire code official.
A. Fee Schedule. Operational permits and construction permits shall be paid in accordance with current Town of Mesilla fee schedules as adopted by resolution and shall be in effect for the time listed on the permit.
Section 105.1.1.1 Payment Required. A permit, although issued, shall not be valid until fees have been paid.
Exception: All Government entities are exempted from payment of the permit fees required in this chapter; provided, that only such facilities as are owned, operated and maintained by such governmental agencies shall be exempted from payment of such permit fees.
Section 105.4 Construction Documents. Construction documents shall be in accordance with this section and requirements established by the Town of Mesilla Code.
Section 105.7 Required Construction Permits. The fire code official is authorized to issue construction permits for work as set forth in Sections 105.7.1 through 105.7.12. Such permits shall be processed through the Town of Mesilla Community Development Department and shall be in conformance with the requirements established by this code and the Mesilla Town Code.
Section 105.7.1 Automatic Fire-Extinguishing Systems. A construction permit is required for installation of or modification to an automatic fire-extinguishing system. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. 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:
1. Number of heads being added exceeds 10.
2. Number of heads being added is greater than 10 percent of total heads for the system.
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 system.
Section 105.7.2 Violation Penalties. Any person or entity who violates any of the provisions of the International Fire Code as adopted and amended herein, or who violates or fails to comply with any order made hereunder, or who builds without complying with any detailed statement of specifications or plans submitted and approved hereunder, or any certificate or permit issued hereunder, shall for each and every such violation and noncompliance be guilty of a petty misdemeanor, and shall be subject to the penalties established by law, according to section 1.05.080 MTC.
Section 105.7.3 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 considered to be in violation of this code and shall be subject to the penalties as set forth in Section 109.3.
Section 202 General Definitions.
Fire Marshal. Interchangeable with the term fire code official under this code.
Jurisdiction. This code shall be applicable to all property within the Town of Mesilla, New Mexico.
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area.
Exception: Does not apply to 1- and 2-family dwellings.
CHAPTER 11 CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS: 1101.1 Scope. The provisions of this chapter shall apply to existing buildings constructed prior to the adoption of this code and remodeled to the extent that the AHJ determines compliance with this chapter is necessary. Until such compliance is required, the existing building will comply with the fire code adopted at the time of construction or remodel.
(Ord. 2004-10 § 2; Ord. 2019-02 § 1)