Doña Ana County, NM
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of County Commissioners of Doña Ana County as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building — See Ch. 142.
Dangerous buildings — See Ch. 146.
Manufactured homes — See Ch. 257.
[Adopted 8-14-2012 by Ord. No. 256-2012[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I, International Fire Code, adopted 1-13-2009 by Ord. No. 239-09, as amended.
There is hereby adopted by Dona Ana County for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, that certain code known as the 2009 Edition of the International Fire Code (hereinafter "the Code"), as amended in § 195-2 of this article, and including the following appendices of the code:
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
Appendix I: Fire Protection Systems - Non Compliant Conditions
The following sections of the 2009 International Fire Code are hereby revised and changed as follows:[1]
A. 
Section 101.1 is amended to read: 101.1 Title. These regulations shall be known as the Fire Code of Dona Ana County hereinafter referred to as "this code."
B. 
Section 104.6 is amended to read: 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 Dona Ana County, and the State of New Mexico.
C. 
Section 104.10 is amended to read: 104.10 Fire Investigations. The Fire Marshal, fire prevention personnel or his designee are authorized to investigate any fire or explosion, or attempt to cause any fire or explosion in the jurisdiction. For the purpose of such investigations, the Fire Marshal, fire prevention personnel or his designee, are authorized to conduct hearings, subpoena witnesses, take testimony and enter upon and examine any building or premises where any fire or explosion or an attempt to cause a fire or explosion shall have occurred, or which at the time may be burning. The Fire Marshal, fire prevention personnel or his designee shall also have the power to cause to be produced before them such papers as they may require in making such examination. In addition the Fire Marshal, fire prevention personnel or his 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.
D. 
Section 104.10.2 is added with the following language:
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 Subsection A(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.
E. 
Section 105.1.1 is amended to read: 105.1.1 Permits required; fees. 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 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 such penalty fee, for issuance of a permit, 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 by the fire code official.
F. 
Section 105.1.1 is added with the following language: 105.1.1.1 Payment required. 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 only such facilities as are owned, operated and maintained by such governmental agencies shall be exempted from payment of such permit fees.
G. 
Section 105.4 is amended to read: 105.4 Construction documents. Construction documents shall be in accordance with this section and requirements established by the Dona Ana County Community Development Department.
H. 
Section 105.4.6 is deleted in its entirety.
I. 
Section 1056.30 is added with the following language:
105.6.30 Open burning. An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be adhered to.
Exceptions: Recreational fires and open burning of vegetative materials.
J. 
Section 105.7 is amended to read: 105.7 Required construction permits. The fire code official is authorized to issue construction permits for work as set forth in Sections 105.7 through 105.12. Such permits shall be processed through the Dona Ana County Community Development Department and shall be in conformance with the requirements established by this code and the Community Development Department.
K. 
Section 105.7.3 is deleted in its entirety.
L. 
Section 105.7.4 is deleted in its entirety.
M. 
Section 105.7.7 is deleted in its entirety.
N. 
Section 105.7.8 is deleted in its entirety.
O. 
Section 107.2.1 is amended to read: 107.2.1 Test and inspection records. Required test and inspection records shall be available to the fire code official at all times.
P. 
Section 108.1 is amended to read: 108.1 Appeal to Board of County Commissioners. 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, applicant may appeal from the decision to the Dona Ana County Commission by writing to the fire code official requesting an appeal within 30 days of the aggrieved action.
Q. 
Section 108.2 is deleted in its entirety.
R. 
Section 108.3 is deleted in its entirety.
S. 
Section 109.3 is amended to read: 109.3 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, including but not limited to those contained in NMSA § 4-37-3.
T. 
Section 111.4 is amended to read: 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 considered to be in violation of this code and shall be subject to the penalties as set forth in Section 109.3.
U. 
Section 202. The following definitions and language are added:
Fire Marshal. Interchangeable with the term fire code official under this code.
Jurisdiction. This code shall be applicable to all property within the unincorporated areas of Dona Ana County, New Mexico.
Open burning of vegetative material. "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.
V. 
Section 307.1.1 is amended to read: 307.1.1 Prohibited open burning. Open burning that is offensive or objectionable because of smoke emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited. The burning of trash, tires, plastic, rubbish or any other paper products shall be 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.
W. 
Section 307.6 is amended to read: 307.6 Notification. Prior to commencement and at the completion of open burning, Central Dispatch shall be notified.
X. 
Section 308.3.1.1 is added with the following language: 308.3.1.1 Portable barbecue grills. Portable barbecue grills shall not be used indoors, or on, under, or within 10 feet of attached combustible covered patios or balconies, covered walkways, or roof overhangs of Group R, Division 1, occupancies, except for electric cooking appliances listed under a nationally recognized standard, which do not use combustible fuels or produce an open flame.
Y. 
Section 507.5.4 is amended to read: 507.5.4 Obstruction. 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 or in compliance with law or the directions of a police officer, or other public official or 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 tire station, and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance, when properly signposted. The Fire Department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants. The Fire Marshal, fire prevention personnel or his designee 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.
Z. 
Section 902.1. The following definitions and language are added:
STANDPIPE SYSTEM, CLASSES OF. Standpipe classes are as follows:
Class I system. A system providing 2.5-inch (64 mm) hose connections to supply water for use by fire departments and those trained in handling heavy fire streams.
Class II system. A system providing 1.5-inch (38 mm) hose stations to supply water for use primarily by the building occupants or by the Fire Department during initial response. 1.5-inch hoses and hose cabinets shall not be provided, unless required by the fire code official.
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, unless required by the fire code official.
AA. 
Section 3301.1.3. Exception 2 is deleted.
BB. 
Appendix D, Fire Apparatus Access Roads.
(1) 
Section D103.1 is amended to read: D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 20 feet (6096 mm) exclusive of shoulders.
(2) 
Section D106.1 is amended to read: D106.1 Projects having up to 200 dwelling units. 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 of the fire code.
(3) 
Section D107.1 is amended to read:
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 Section D104.3.
Exceptions:
1.
Where approved by the fire code official, where there are 30 or more dwelling units on a single public or private accessway and all dwelling units are protected by approved residential sprinkler systems, access from two directions shall not be required.
2.
The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire code official.
[1]
Editor's Note: Section numbers referenced below refer to the sections of the 2009 International Fire Code.