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Lovington Overview
Lovington, NM Code of Ordinances
CITY OF LOVINGTON, NEW MEXICO CODE OF ORDINANCES
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATION AND PERSONNEL
DIVISION I. FORM OF GOVERNMENT
DIVISION II. MUNICIPAL OFFICERS
DIVISION III. DEPARTMENTS
Chapter 2.40 POLICE DEPARTMENT
Chapter 2.44 FIRE DEPARTMENT
Chapter 2.48 SANITATION DEPARTMENT
Chapter 2.52 STREET DEPARTMENT
DIVISION IV. MUNICIPAL COURT
DIVISION V. BOARDS AND COMMISSIONS
DIVISION VI. PERSONNEL POLICY
Title 3 REVENUE AND FINANCE
Title 4 RESERVED
Title 5 BUSINESS LICENSES AND REGULATIONS
Title 6 ANIMALS
Title 7 RESERVED
Title 8 HEALTH AND SAFETY
Title 9 PUBLIC PEACE, MORALS AND WELFARE
Title 10 VEHICLES AND TRAFFIC
Title 11 RESERVED
Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Title 13 PUBLIC SERVICES
Title 14 RESERVED
Title 15 BUILDINGS AND CONSTRUCTION
Title 16 SUBDIVISION OF LAND
Title 17 ZONING
STATUTORY REFERENCES FOR NEW MEXICO MUNICIPALITIES
CROSS-REFERENCE TABLE
Chapter 2.44
FIRE DEPARTMENT
Sections:
   2.44.010   Created.
   2.44.020   Rules and regulations.
   2.44.030   Fire chief-Duties.
   2.44.040   Assumption of fire chiefs duties.
   2.44.050   Fire personnel-Qualifications-Requirements.
   2.44.060   Equipment-Purchase-Use restrictions.
   2.44.070   Equipment-Control and responsibility.
   2.44.080   Equipment-Private use prohibited without consent.
   2.44.090   Joint use agreements.
   2.44.100   Authorized emergency vehicles.
   2.44.110   Entry onto adjacent property.
   2.44.120   Prescribing limits at scene of fire.
   2.44.130   Mutual aid agreements.
   2.44.140   Fire alarms.
   2.44.150   Inspections-Uniform codes adopted by reference.
   2.44.160   Adopted codes- Definitions.
   2.44.170   Adopted codes-Amendments to- Availability to public.
   2.44.180   Enforcement-Bureau of fire prevention.
   2.44.190   Fire prevention-Fire marshal.
   2.44.200   Inspectors.
   2.44.210   Inspections.
   2.44.220   Inspections-Penalty for violations or obstruction.
   2.44.230   Variances to fire prevention code.
   2.44.240   Variances-Records.
   2.44.250   Appeals.
   2.44.260   Additional requirements for new processes or materials.
   2.44.270   Violations of fire prevention code.
   2.44.280   Cotton gins-Requirements.
   2.44.290   Fire escapes-Required when.
   2.44.300   Fire escapes-Permit to construct.
   2.44.310   Fire exits.
   2.44.320   Storage of gasoline-Permit required.
   2.44.330   Gasoline storage permit-Application-Expiration.
   2.44.340   Delivery of gasoline.
   2.44.350   Inspection of storage facilities-Right of entry.
2.44.010   Created.
   The fire department shall consist of a combination of such permanent city employees and such members of the Lovington volunteer fire department as the city commission may deem necessary or appropriate. In addition to its regular duties, the fire department shall provide emergency ambulance services and medical services, hereafter referred to as ambulance services. (Ord. 326 (part), 1984: prior code § 4-2-1)
2.44.020   Rules and regulations.
   The fire department and ambulance service shall be operated and managed in accordance with rules and regulations compiled or approved by the city commission. (Ord. 326 (part), 1984: prior code § 4-2-2)
2.44.030   Fire chief-Duties.
   A.   The fire chief shall be employed by the city manager subject to the approval of the city commission. The fire chief shall:
      1.   Be accountable to the city manager for the personnel, morale and general efficiency of the department;
      2.   Direct the operations of the fire department and ambulance service and set the rules and regulations thereof;
      3.   Supervise the manner of handling fires in order to minimize injury to persons and damage to property. During the progress of a fire or emergency incident involving the personnel and/or equipment of the department, the authority of the fire chief in all matters connected with the management or direction thereof or the disposition of property endangered by it shall be absolute, subject to authority of mayor. All orders issued by the fire chief on such occasions shall be respected, and any fireman or citizen ignoring or refusing to obey the same is guilty of a misdemeanor;
      4.   Conduct, or cause to be conducted, suitable drills or instruction in the operation and handling of equipment, first-aid and rescue work, civil defense and salvage operations;
      5.   Prepare, or cause to be prepared, studies of building structures and other potential hazards within the municipality, be familiar therewith, and have the study results available to the department personnel;
      6.   Establish fire zones;
      7.   Investigate the origin, cause and circumstances of all fires and assist other proper authorities in investigating and suppressing arson;
      8.   Inspect buildings and premises, places of public assembly and places housing dangerous material, or cause the same to be inspected, serve written notice upon owner or occupants of inspected premises to abate within specified time and correct any and all fire hazards and violations that may be found.
   For the purpose of conducting such inspections, the chief, or designated representative of the chief, may enter any and all buildings and premises within the municipality at any reasonable hour. Any person served with notice to abate any fire hazard and/or violation shall comply therewith and promptly notify the chief of remedial measures taken;
      9.   Keep complete records of all fires, inspections, emergency medical runs, apparatus and equipment, personnel and other information concerning operations of the fire department and ambulance service, furnish the commission with such information as may be requested and maintain records open to the public for inspection at all reasonable times, except for records that may violate rights of privacy and/or require subpoena action;
      10.   Make a complete annual report, in writing, to the commission within one month after the close of the fiscal year, such report to include the information specified in subdivision 9 of this subsection, together with comparative experience data for previous years with recommendations
for improvement of the fire department and ambulance service;
      11.   Employ, evaluate, promote, demote, dismiss or expel any officer or member of the fire department and ambulance service, which demotion, dismissal or expulsion of any officer or member of the fire department and ambulance service may occur for neglect or refusal to perform departmental duties but shall be subject to the right of any member so demoted, dismissed or expelled to appeal to the commission or other body as provided by personnel rules and regulations; and approve work and vacation schedules for personnel of the fire department and ambulance service;
      12.   Enforce, or cause to be enforced, all ordinances, laws and regulations of the city, state and federal government, insofar as they pertain to the fire department and ambulance service;
      13.   Establish, subject to the approval of the city manager and/or the city commission, employment policies and selection procedures for all departments under his control;
      14.   Perform, or cause to be performed, the duties of the civil defense coordinator for the city;
      15.   Prepare, or cause to be prepared, the annual budget for the fire department and ambulance service.
   B.   The duties and authorities of the fire chief which apply to employees of the fire and ambulance department shall also apply to members of authorized volunteer and/or nonemployee members of agencies and/or organizations assigned to the fire chief. (Ord. 326 (part), 1984: Ord. 280, 1979: prior code § 4-2-3)
2.44.040   Assumption of fire chiefs duties.
   The duties of the fire chief in his absence shall be assumed by those officers designated in the current approved department operating procedures. (Ord. 326 (part), 1984: prior code § 4-2-11)
2.44.050   Fire personnel- Qualifications- Requirements.
   A.   Firemen shall be appointed at such time and in such manner as the commission may deem necessary or appropriate. Firemen may be employed by the city or may be volunteer members of the fire department or a combination of both and shall be employed without regard to sex, religion, race, national origin, age or sexual preference. The term "fireman" shall apply to either sex..
   B.   Minimum age requirements shall be set forth by the state of New Mexico licensing agencies which govern the services performed by the department.
   C.   Preference shall be given to those applicants who reside within five minutes response time of the central fire department over applicants who live more than five minutes response time from the central fire department.
   D.   All department personnel shall be required to have telephones in their home.
   E.   Firemen shall be subject to the supervision of the fire chief and/or his designated personnel.
   F.   Firemen are subject to department policies established by the fire chief.
   G.   Firemen shall respond as directed by the fire chief or designee to all fire, disaster and/or emergency medical alerts referred to in this chapter as fires.
   H.   Firemen shall also respond as directed by the fire chief or designee to watch and/or warning alerts and shall also take part in departmental training as directed.
   I.   All department personnel, including those above the rank of firemen, shall conform to the requirements of this section.
(Ord. 326 (part), 1984: prior code § 4-2-4)
2.44.060   Equipment-Purchase- Use restrictions.
   The department shall be equipped with such apparatus and other equipment as may be required from time to time to maintain its efficiency and provide adequate protection from fire. Acquisition of necessary equipment and facilities shall be made by the chief, and upon approval by the commission, purchased pursuant to the Public Purchases Act. All equipment of the department shall be safely and conveniently housed in such a place or places as may be designated by the commission. No person shall use any fire apparatus or equipment for any private purpose, nor shall any person wilfully take away or conceal any article used in any way by the department. No person shall enter any place where fire apparatus is housed or handle any apparatus or equipment belonging to the department unless accompanied by, or having special permission of an officer or authorized member of the department. No fire apparatus or equipment shall be hired out or permitted to leave the fire station except in response to a call for aid at a fire within the corporate limits of the city, or in response to a call for aid at a fire in an authorized fire protection service area or mutual aid under provisions of Section 2.44.090. (Ord. 326 (part), 1984: prior code § 4-2-6)
2.44.070   Equipment-Control and responsibility.
   All hose carts or carriages, hooks, ladders and all other fire machinery, apparatus, tools, buckets and property of any description whatsoever, in any way relating to or connected with the fire department of the city shall be under the control and charge of the fire chief. (Ord. 326 (part), 1984: prior code § 4-2-12)
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