2.44.230 Variances to fire prevention code.

   The chief of the bureau of fire prevention shall have power to modify any of the provisions of the fire prevention code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code; provided, that the spirit of the code shall be observed, public safety secured and substantial justice done. All modifications shall first be approved by the governing body. (Prior code § 4-2-24)

2.44.240 Variances-Records.

   The particulars of such modification when granted or allowed and the decision of the chief of the bureau of fire prevention thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. (Prior code § 4-2-25)

2.44.250 Appeals.

   Whenever the chief of the fire department shall disapprove an application or refuse to grant a license or permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief of the fire department to the city commission within thirty days from the date of the decision of the appeal. (Prior code § 4-2-26)

2.44.260 Additional requirements for new processes or materials.

   The mayor, the chief of the fire department and the chief of the bureau of fire prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in the fire prevention code. The chief of the bureau of fire prevention shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. (Prior code § 4-2-27)

2.44.270 Violations of fire prevention code.

   A.   Any person who violates any of the provisions of the fire prevention code adopted by Section 2.44.150 of this chapter or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds 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 fails to comply with such an order as affirmed or modified by the city commission or by a court of competent jurisdiction, within the time fixed in this chapter, shall severally for each such violation and noncompliance respectively, be guilty of a misdemeanor. 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 violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense.

   B.   The application of a penalty for violation of this section shall not be held to prevent the enforced removal of prohibited conditions. (Amended during 1992 codification: prior code § 4-2-28)

2.44.280 Cotton gins- Requirements.

   All cotton gins located within the corporate limits of the city shall install suitable fireproof bur pits or incinerators and shall take such other steps to prevent fires and eliminate, as near as practical, the smoke and other obnoxious features of such gins as may be prescribed by the fire chief of the fire department of the city. All cotton gins located within the corporate limits shall follow all of the rules and regulations of the Health and Social Services Department of the state of New Mexico. (Prior code § 4-2-29)

2.44.290 Fire escapes-Required when.

   Every hotel, roominghouse, lodge room and club room, or house of public assembly within the city and two or more stories high shall be furnished with at least one fire escape for each story. The first escape shall be built with a landing at the exit of each story and the bottom of the fire escape shall be not more than nine feet from the ground. (Prior code § 4-2-30)

2.44.300 Fire escapes-Permit to construct.

   Any person desiring to construct a fire escape or exit shall first procure a permit therefor from the building inspector and pay to him the sum of one dollar for each permit Such fee shall be deposited with the city treasurer for the use and benefit of the city and the construction of such fire escapes and exits shall be under the supervision of the building inspector. (Prior code § 4-2-31)

2.44.310 Fire exits.

   Every theater, church, school house or other structure for public assemblage, in addition to the requirements of Section 2.44.290 of this chapter, shall be provided with a side or rear exit at the ground floor to consist of double doors to swing outward. On the inside wall of each such building, near the exits, the words "Fire Escape" shall be printed in conspicuous letters. (Prior code § 4-2-32)