A. Adoption: The following are hereby adopted by the city for the purpose of prescribing regulations regarding conditions hazardous to life and property from fire or explosions: 1) that certain code and standard known as the international fire code, including appendices; and 2) the international fire code standards published by the Western Fire Chiefs Association and the International Conference Of Building Officials, being particularly the latest editions thereof. One copy of the code and standard has been and now is filed with the city clerk-treasurer, and the same is hereby adopted and incorporated as fully as if set forth at length herein, and from the effective date hereof, the provisions thereof shall be controlling within the limits of the city. (Ord. 1021, 9-2-2003)
B. Definitions: Wherever the following terms are used in the fire codes adopted in subsection A of this section, the meanings thereof shall be as follows:
BUREAU OF FIRE PREVENTION: This term is referring to the fire chief of the fire district or his designee.
JURISDICTION: The city of Hagerman area of impact. (1996 Code § 5-1-2; amd. 2010 Code)
C. Appeal: Whenever the chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the codes adopted in subsection A of this section do not apply or that the true intent of the meaning of said codes has been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief of the fire district to the city council within thirty (30) days from the date of the decision appealed. (1996 Code § 5-1-3)
D. Violations; Penalties:
1. Any person who shall violate any of the provisions of the code or standards adopted in subsection A of this section, or fails to comply therewith, or who shall violate or fail to comply with any order made hereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the fire chief of the fire district or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance, be guilty of a misdemeanor, punishable as provided in section 1-4-1 of this code. (1996 Code § 5-1-4; amd. 2010 Code)
2. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violation or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense.
3. The application of the above penalties shall not be held to prevent the enforced removal of prohibited conditions. (1996 Code § 5-1-4)