LEA COUNTY FIRE CODE
ORDINANCE 50
AN ORDINANCE REPEALING AMENDING AND REENACTING THE LEA COUNTY FIRE CODE ESTABLISHING PREVENTION, FIREFIGHTING AND EMERGENCY RESPONSE AUTHORITY, FIREFIGHTING STANDARDS, RULES AND REGULATIONS APPLICABLE TO THE GENERAL PUBLIC, INCORPORATING PORTIONS OF THE UNIFORM BUILDING CODE AND P0RTIONS OF THE NATIONAL FIRE PREVENTION AND NATIONAL LIFE SAFETY CODES.
WHEREAS, there is a need to define the authority of the Independent Fire Districts in Lea County with respect to fighting fires and responding to other emergencies in their designated areas and in responding to calls for assistance in other areas of Lea County; and
WHEREAS, there is a need to establish certain minimal standards for firefighting practices in the unincorporated areas in Lea County; and
WHEREAS, there is a need to establish a means and a procedure for enforcement of the provisions of this Fire Code; and
WHEREAS, the Board of Commissioners of Lea County, New Mexico is authorized to provide for the safety of the inhabitants of Lea County pursuant to 4-37-1, N.M.S.A., 1978; and
NOW, THEREFORE, the Lea County Board of County Commissioners does hereby adopt the following Ordinance to meet these needs.
1. FIREFIGHTING AND EMERGENGY RESPONSE AUTHORITY
1.1 General Authority - Official of an Independent Fire District conducting operations in the unincorporated areas of Lea County, New Mexico in connection with the extinguishments and control of any fire, explosion, hazardous material emergency or other emergency shall have full power and authority to direct and engage in all operations of fire extinguishments and hazardous material control and to take all precautions necessary to save life, protect property and to prevent further injury or damage. Such authority shall include the authority to investigate the origin, cause and circumstances of any fire, explosion or hazardous material emergency and to secure the scene for that purpose. Provided, however, that when a fire or explosion occurs at a plant or facility such as an oil refinery or gas plant, that is manned by an in-house firefighting unit, trained in the firefighting techniques applicable to the facility, a responding public firefighting unit shall take a support role in the handling of the fire or explosion, subordinate to the plant's in-house firefighting unit.
1.2 Obstruction of Operations - No person shall obstruct the operations of and Independent Fire District in connection with any fire, or actions relative to any other emergency, or disobey any lawful command or Fore Officials in charge of the emergency, or any part thereof, or any lawful order of police officers assisting the Fire Department.
1.3 Fire Line Barriers - Official of an Independent Fire District in charge of an emergency scene shall have the authority to establish fire line barriers to control access in the vicinity of such emergency. No person, except as authorized by the Fire Officials in charge of the emergency, may cross such fire line barriers. No person, except a person authorized by the Fire Officials in charge of and emergency scene, or a public officer acting within the scope of public duty, shall remove, unlock, destroy or tamper with any gate, door, enclosure, sigh or barricade that has been lawfully installed by a Fire Department.
1.4 Fire Lanes - Any road or other passage way created to allow the passage of fire apparatus shall not be blocked, closed, obstructed or otherwise interfered with so as to prevent or impede its use by Fire Official. Fire Officials re hereby authorized to force access to fire lanes when they are found to be blocked, and no liability shall accrue for such forced access. In firefighting and emergency response operation, Fire Officials may control or prohibit the approach of any, vehicle, or thing to the scene.
1.5 Intent - Subject to the limitations set forth in Section 1.1 regarding oil refineries, gas plants and other facilities with in-house firefighting units, it is the intent of this Section that all the authority necessary to effectively respond to a fire, explosion, hazardous material emergency or other emergency, whenever it may occur in Lea County, be expressly conferred upon Fire Officials responding so that the primacy of their authority is clear to the public and the courts.
2. FIREFIGHTING STANDARDS
2.1 Wildfire Control - To the extent reasonably practicable, and excepting requirements regarding medical examinations, Fire Departments responding to grass and brush fires in the unincorporated areas of Lea County, New Mexico shall abide by the firefighting standards pertaining to wildfire control as set forth in NFPA Standard 295, which is incorporated herein by reference.
2.2 Structure Firefighting - To the extent reasonably practicable, Fire Departments responding to structural fires in the unincorporated areas of Lea County, New Mexico shall abide by the firefighting standards pertaining to structural fires as set forth in NFPA Standard 1410, which is incorporated herein by reference.
3. RULES AND REGULATIONS APPLICABLE TO THE PUBLIC
3.1 Maintaining a Fire Hazard - No person shall knowingly maintain a fire hazard.
3.2 Vacant Buildings - Every person owning or having charge or control of any vacant building, except barns and livestock shelters, shall remove all combustible waste and refuse there from and lock, barricade, or otherwise secure all windows, doors and other openings in the building to prohibit unauthorized entry.
3.3 Unoccupied, Uninhabitable, and Dilapidated Buildings - Whenever any building or structure is ruined, damaged or dilapidated, the County Commission may, by resolution, find that the ruined, damaged or dilapidated structure or premise is a menace to the public comfort, health, peace or safety and require the removal from the county of the building, structure, wreckage or debris.
3.4 Hazardous Accumulations - It shall be unlawful for any person or company to allow the following conditions to exist on any premises he owns, rents or occupies.
3.4.1 The existence of weeds, briars, brush, paper and other combustible materials to accumulate to the point where such becomes; (a) a fire hazard, (b) is otherwise hazardous to the public safety, or (c) becomes a public nuisance. However, this Section shall not require the cutting of removal of natural growth and combustible refuse on the open range more than 300 feet from any occupied structure.
3.4.2 The existence of non-operational refrigerators or freezers or any other type of appliance, furniture, vehicles, or other container that has a space large enough for a person of any age to enter into with a door, hatch, lid, or cover of any kind capable of closing or sealing which could prevent the escape of any per, not within a licensed sanitary landfill or a licensed commercial salvage business registered with New Mexico Bureau of Taxation and revenue.
3.4.3 The existence of three (3) or more or any combination of non-operational motor scooters, motorcycles, cars, trucks, busses or other vehicles regulated by the New Mexico Department of Motor Vehicles unless the vehicle owner, property owner, or property lessee can show substantial progress in restoration or repairs to non-operational vehicle in the last 30 days or purchase orders, invoices or estimates for repair work to be done in the next 30 days. Provided, however, that this section shall no application where;
A. A person is engaged in a New Mexico Department of Motor Vehicle licensed vehicle dismantling business and any non-operational vehicles are enclosed by a fence of solid construction of wood, brick, metal, or other similar materials, not less than seven (7) feet in height above the level of the ground and maintained in a sightly, safe and secure condition; or
B. Any inoperable vehicles are not visible to the public from any road or street abutting such property, or if visible any non-operational vehicle are enclosed by a fence of solid construction of wood, brick metal, or other similar materials, not less than seven (7) feet in height above the ground and maintained in a sightly, safe, and secure condition.
For the purposes of this section, a non-operational vehicle is one in which; the engine or motor, the transmission or transaxle, drive shaft, differential, steering mechanism, axles, wheels, body, doors, windshield, headlights, taillights, or any other part of the vehicle is removed, damaged, wrecked, partially dismantled, or in such a state of disrepair that the vehicle cannot be either moved under its own power, driven licensed or operated on a public road, street, highway or any other public thoroughfare.
2.1.1 The existence of piles of rubbish, household trash, tires, debris, grass, weeds, tree limbs, or any other type of materials which are or may be susceptible to infestation by rodents, reptiles, insects or noxious weeds or any other type of animal or plant that is or can be injurious to people, animals or the environment not within a licensed sanitary landfill or New Mexico Environment Department or other regulatory agency regulated facility.
2.1.2 The existence of piles of rubbish, household trash, tires, debris, grass, weeds, tree limbs or any other material emitting noxious odors, not within a licensed sanitary landfill or a New Mexico Environment Department or other regulatory agency regulated facility.
2.2 Reporting Hazardous Conditions--Any person, upon discovering evidence of spontaneous heating or other abnormal heating of any merchandise, commodity or other material of any kind, or any person upon discovering or being apprized of unnecessary accumulations of waste, paper, boxes, highly flammable material or dangerous accumulations of refuse or rubbish or of any uncontrolled hazardous gas leak or hazardous material or combustible or flammable liquid spill shall immediately notify the County Manager's office. Commercial establishments shall comply with federal and state laws, standards and regulations applicable to their particular facility and operation in this regard.
2.3 Discarding burning Objects - No person shall throw or place, or cause to be thrown or placed, any lighted match, cigar, cigarette, matches or other flaming substance or thing on any surface or article where it may cause or start a fire.
2.4 Disposal of Hot and Glowing Materials - Hot ashes, cinders and smoldering coals shall be placed in non-combustible receptacles, and in every case shall be kept a distance of at least 2 feet laterally away from any combustible material, structure, or any exterior window opening.
2.5 Dumping of Burning Load - Burning debris shall not be dumped at a waste disposal site where fire extinguishments cannot be accomplished before compacting, covering or other disposable activity is carried out.
2.6 Carelessness with Fire - No person shall deliberately, or through carelessness or negligence, set fire to or cause the burning of any material, in such manner as to endanger the safety of any person or property. No fore (including camp fires and cooking fires) shall be abandoned or left unattended so as to permit an unintended spread of fire.
2.7 Spread of Fire - No person shall knowingly permit any fire to spread so as to endanger life or property, or use or operate any device which may be a source of ignition unless proper removal of flammable or combustible material surrounding the operations accomplished or such other reasonable precautions are taken to insure against the starting and spreading of unwanted fires.
2.8 Notifying the Fire Department - Whenever an unwanted fire occurs in any building or on any premise of any kind, the owner, manager, occupant, or any per in control of such building or premised, upon discovery of an unwanted fire, shall immediately cause notice of the existence of the fire to be given to the Fire Department responsible for his area.
2.9 Internal combustion Engines - Internal combustion engines either stationary, portable, or mobile, operating within grain, hay, grass or brush covered areas, shall be equipped with an effective means for arresting the issuance of burning carbon and sparks. As to vehicles, this provision shall only apply to those vehicles designed for off-road recreational use.
2.10 Open Range and Debris Fires
2.10.1 No person shall kindle or maintain any bonfire or controlled burn without a Permit in any location. Such fires shall be attended by a competent person until such fire is extinguished and the attending person shall have a garden hose connected to a water supply or other adequate fire extinguishing equipment readily available for use.
2.10.2 Due to hazardous fire conditions, the County Manager, with the advice of Fire Chief (s) involved, may designate periods of time and/or areas within the County in which no open fires will be permitted. During such periods, no permits for open range and debris fires will be issued.
2.11 Training Fires - Fires ignited for the purpose of training private and public firefighting personnel must receive a permit from the local State Environmental Improvement Division Office.
3. CONTROLLED BURNS
3.1 Authorization for controlled Burns - The local Environmental Improvement Division Office has the authority to approve or deny a request for a controlled burn within the unincorporated areas of the County. Persons holding a permit shall contact the area Fire Department prior to burning.
4. ADOPTION OF STATE CODES
4.1 Lea County adopts by reference, as if set forth fully here, those standards known as; NFPA 101 Life Safety Code, 1997 Edition and NFPA 1, Fire Prevention Code, 1992 Edition, approved and published by the National Fire Protection Association, and the Uniform Building Code, 1997 Edition. A copy of each code can be inspected in the office of the County Manager.
5. ENFORCEMENT
5.1 Citation Authority - The authority to issue citations for any violation of this Fire Code Ordinance is vested in the Lea County Sheriff, his duly appointed Deputies, and all certified law enforcement personnel charged by State Statute with enforcement of County Ordinances. The Person issuing a citation shall be responsible for the prosecution of the case to its conclusion in the appropriate Magistrate Court and may call upon the County Attorney for his assistance in that prosecution.
5.2 Penalty - Any person or corporation who violates any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $300 or imprisonment for a period not exceeding 90 days, or both such fine and imprisonment. In addition to restitution were applicable for damaged property. The application of this penalty shall not be held to prevent the enforced removal of prohibited conditions.
5.3 Correction of Violation Required - The imposition of a penalty for any violation shall not excuse the violation nor shall the violation be permitted to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time.
5.4 Removal of Unoccupied, Uninhabitable and Dilapidated Buildings
5.4.1 A copy of the resolution adopted pursuant to Section 3.3 shall be served on the owner, occupant or agent in charge of the building, structure or premise. If the owner, as shown by real estate records of county clerk, occupant, or agent in charge of the building, structure or premises cannot be served, within the county, a copy of the resolution on the building, structure or premises, and a copy shall be published one (1) time in a newspaper of general circulation in Lea County.
5.4.2 Within ten (10) days of the receipt or of the posting and publishing of a copy of the resolution adopted pursuant to this chapter, the owner, occupant or agent in charge of the building, structure or premises shall commence removing the building, structure, wreckage or debris or file a written objection with the county clerk asking for a hearing before the county commission.
5.4.3 If a written objection is filed, the county commission shall:
A. Fix a date for a hearing on its resolution and the objection
B. Consider all evidence for and against the removal resolution at the hearing
C. Determine if its resolution should be enforced or rescinded
3.1.1 Any person aggrieved by the determination of the county commission may appeal to the district court by:
A. Giving notice of appeal to the commission within five (5) days after the determination made by the county commission and
B. Filing a petition in the district court within twenty (20) days after the determination made by the county commission.
2.1.1 The district court shall hear the matter de novo and enter a judgment in accordance with its findings.
2.1.2 If the owner, occupant or agent in charge of the building, structure, or premises fail to commence removing the building, wreckage or debris:
A. Within ten (10) days of being served a copy of the resolution adopted in this ordinance or of the posting and publishing of such resolution; or
B. Within five (5) days of the determination by the county commission that the resolution shall be enforced; or
C. After the district court enters judgment sustaining the determination of the county commission; the County may remove the building, structure, wreckage or debris at the cost and expense of the owner. The reasonable cost of the removal of such building, structure, wreckage or debris shall constitute a lien against the lot or parcel of land from which it was removed. The lien shall be foreclosed in the manner provided in Section 3-36-1 through 3-36-6 of the New Mexico Statutes Annotated 1978 Compilation.
D. The county may pay for the cost of removal of any condemned building, structure, wreckage, rubbish or debris by granting to the person removing such materials, the legal title to all salvageable materials in lieu of all other compensation.
E. Any person or firm removing any condemned building, structure, wreckage, rubbish or debris shall leave the premises from which the material has been removed in a clean, level and safe condition, suitable for further occupancy or construction and with all excavations filled.
5.1 - Removal of Hazardous conditions by County - If violation of Section 3.3 of this ordinance is not sufficiently corrected within 10 days after conviction of the violation in Magistrate Court and no sooner than 10 days after the written notice of intent is given, the Lea County Manager may direct a county agency to remove refuse from real property that constitute a fire hazard. When the County removes such hazardous refuse from real property, it shall charge the expense incurred against the owner of the property benefited with the cost of removal of the refuse, which shall be a legally enforceable debt in favor of the Board of County Commissioners.
6. RECORDS
6.1 - Record Keeping by County Manager's office - The following records shall be kept and maintained by the County Manager's staff.
A. All permit applications with dispositions.
B. All reports of hazardous conditions with dispositions.
C. All "No controlled burn" declaration issued pursuant to Section 3.12.
D. All citations issued with dispositions.
4.1 - Record Keeping by Area Fire Chiefs - Each Fire Chief designated as responsible for an area pursuant to the County's Master Firefighting, Emergency Medical Services Plan and Mutual Aid Agreement shall keep all information and documents pertaining to hazardous materials as required by Sections 311 and 312 of the Federal Emergency Planning and Community Right to Know Act, and those Federal Regulations pertaining to hazardous materials for his area.
4.2 - Retention of Records - All records required to be kept by this section shall be maintained until their usefulness has been served or as may otherwise be required by law.
5. Procurement
5.1 - Purchases by Fire Departments - All procurement by County Fire Districts using public funds shall be made pursuant to the New Mexico Procurement Code, 13 -1-28 et seq. NMSA 1978 Comp. And the Lea County Procurement Policy.