The Fire Code is amended and changed in the following respects:
International Fire Code, Chapter 1 Section 102.3 entitled “Administration; Applicability; Change of use or occupancy” is hereby amended to read the following:
No changes shall be made in the use or occupancy of any structure that would place the structure in a different division of the same group or occupancy or in a different group of occupancies, unless such structure is made to comply with the requirements of this code, the International Building Code, and section 903.6 of the Fire Code, for existing buildings. Subject to approval of the fire code official, the use of occupancy of an existing structure shall be permitted to be changed and the structure is allowed to be occupied for the purposes in other groups without conforming to all the requirements of this code and the International Building code for those groups provided the specific requirements of the fire Code, Section 903.6, are applied and the new or proposed use is less hazardous, based on life and fire risk, than the existing use.
International Fire Code, Chapter 1 Section 102.4 entitled “Administration; Applicability; Application of building code” is hereby amended to read as follows:
102.4 Application of building code. The design and construction of new structures shall comply with the International Building Code. Repairs, alterations, additions, changes in use or changes in structures required by this code which are within the scope of the International building Code, shall be made in accordance therewith.
International Fire Code, Chapter 1 Section 102.5 entitled Administration; Applicability; Historic Buildings” is hereby amended to read as follows:
102.5 Historic Building. The provisions of this relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings when such buildings or structures do not constitute a district hazard to life or property. Fire protection in designated historic building and structures shall be provided in accordance with an approved fire protection plan developed in accordance with the provisions of NFPA 909.
International Fire Code, Chapter 1 Section 102.6 entitled Administration; Applicability; Referenced codes and standards” is hereby amended to read as follows:
102.6 Referenced Codes and Standards. The codes and standards referenced in this code Shall be the most currently published edition of those that are listed in Chapter 45 and Such codes and standards shall be considered part of the requirements of this code to the Prescribed extent of each such reference. Where differences occur between the provisions of this code and the referenced standards, the provisions of this code shall apply.
International Fire Code, Chapter 1 Section 102.9 entitled Administration; Applicability; Conflicting Provision” is hereby amended to read as follows:
102.9 Conflicting provisions. Where there is conflict between a general requirement and specific requirement, the specific requirement shall be applicable. Where there is a conflict between this Code, and another Code, rule, or regulation of the County, the more stringent shall apply.
International Fire Code, Chapter 1 Section 104.3 entitled Administration; General Authority and Responsibilities: Right to Entry” is hereby amended to add the following at the end of the section:
104.3 Right of Entry. In the event entry is denied to a building or premise which is commercial in nature and the International Fire Code requires such to have a permit, the Chief may order the permit revoked; provided, however, that the request to enter must have been during reasonable hours and, upon denial of entry, a warning of the possible revocation must have been given.
International Fire Code, Chapter 1 section 104.5 is amended to add the following at the end of the section:
1.) The permittee has caused a release of hazardous materials into the environment.
International Fire Code, Chapter 1 Section 104.10 entitled “Administration; General Authority and Responsibilities: Fire Investigations” is hereby amended to read as follows:
104.10 Fire Investigation. The Chief is authorized to make investigations deemed necessary of any fire or explosion in Valencia County, and to require reports from his/her officers concerning all fires and explosions in the jurisdictional area. For the purpose of such investigation, the Chief is authorized to conduct hearings, subpoena witnesses, take testimony, and enter and examine any building, premises or vehicle where any fire or explosion or attempt to cause a fire or explosion has occurred or which at the time may be burning. The Chief has the power to cause to be produced before him/her such evidence as he/she may require in making such examination. In addition, the Chief may, in the exercise of his/her discretion, take temporary control and custody of building, premises. Vehicles, items, devices, and things placing such persons in charge thereof as he/she deems proper, until examination, investigation, prosecution, and /or lawful destruction is completed.
International Fire Code, Chapter 1 Section 105.4 entitled “Administration; Permits; Construction Documents” is hereby amended by adding a new subsection 105.1.1 entitled “Plan review fee” thereto, read as follows:
105.4.1.1 Plan review fee. Plan review and inspections fees are required for fire protection systems as determined by the County. The fee entitles the submitter to an initial plan review and one re-submittal to correct errors or omission. A fee equal to the submittal fee shall be charged for each re-submittal beginning with the second re-submittal if the same corrections must again be noted. This fee shall not be refunded once a plan check has begun. The required inspections shall be included in the fee.
International Fire Code, Chapter 1 Section 105.630 entitled “Administration; Permits; Open Burning” is hereby amended by deleting the exception.
International Fire Code, Chapter 1 Section 105.7 entitled “Administration; Permits; Required Construction Permits” is hereby amended to read as follows:
105.7 Required Construction Permits. The fire code official is authorized to issue construction permits for work as set forth in Sections 105.7.1 through 105.7.14.
International Fire Code, Chapter 1 Section 105.7 entitled “Administration; Permits; Required construction permits” is hereby amended by adding a new subsection 105.7.14 thereto entitled “Fire apparatus and personnel access” to read as follows:
105.7.14 Fire apparatus and personnel access. A construction permit is required for the following:
1. To install or modify any access control device across a fire apparatus road.
2. To modify or encroach on any fire apparatus access road.
3. To modify any personnel access point into buildings or facilities.
International Fire Code, chapter 1 section 108.1 entitled “Administration; Board of Appeals; Board of Appeals Established” is hereby amended to the following:
108.1 Board of appeals established. In order to hear and decide appeal of order, decision or determinations made by the fire code official relative to the application and interpretation of this code, there shall and hereby is created a Board of Appeals, herein after “The Board” consisting of five (5) members who are qualified by experience and training to pass upon pertinent matters. The Board of County Commissioners with overlapping terms shall appoint the Board. The board shall adopt reasonable rules and regulations for conducting its business and investigations and shall render all decisions and findings in writing to the Chief, with a duplicate copy to the Appellant and County Clerk, and may recommend to the executive body such new legislation as in consistent therewith.
a) Any party aggrieved by an order or decision of any official of the Fire Department under the International Fire Code may appeal said order or decision to the Board, provided such party has first applied to the Chief in writing for reconsideration of the issue and the Chief has denied all or part of such party’s request. Appeals shall be allowed from an adverse decision of the Chief.
b) Written notice of such an appeal must be given to the Chief within ten (10) calendar days after the date of the order. Said notice shall contain an enumeration of the specific order or decision complained of, the date of issuance thereof, person issuing such order or decision, and a brief statement of the reasons why such an order or decision is impractical, unwarranted, or creates an unnecessary hardship. Said ten (10) day period is jurisdictional and shall not be waived.
c) Hearing on appeals shall be held within fifteen (15) calendar days after notice of appeal is received, unless otherwise agreed by both parties. Stay of the appealed order or time limits may be granted by the Board pending decision from the Board, unless the violation constitutes an immediate hazardous to life or to property.
d) For the purposes of hearing appeals, the Board shall have the power to issue subpoenas, serve warrants, processes, make inspections, and require submission of plans and specifications or, submission of such other evidence as is deemed necessary.
e) Reasonable written notice of the time, place, and nature of the hearing shall be given to all parties. In conducting a hearing, the Board shall give all parties an opportunity for a full and fair hearing, including the right to counsel and the right to call and examine witnesses to testify. The hearing shall be conducted in an orderly manner, and the Chairperson shall exclude all irrelevant, immaterial and unduly repetitious evidence.
f) On hearing of an appeal, the Board shall have the power to reverse, affirm, or amend the orders’ time limit or decision of the Chief, or to grant an alternative method from the provisions of the International Fire Code and this ordinance; provided that before reversing or amending such order or decision, or authorizing such variance, the Board shall first find that in each instance, strict enforcement of the order’s time limit or decision is impractical, unwarranted, or creates an unnecessary hardship. Such reversals, or amendments, or variances must be in conformance with the sprit and intent of the International Fire Code and must reasonable secure the public safety.
g) In every appeal, the Board shall issue its written decision within seven (7) calendar days after such hearing. Each decision shall include the Board’s findings and conclusions, shall be signed by each member of the Board. The decision may reverse, affirm, amend, or grant variance as to each order or decision listed by the aggrieved party in their notice of appeal under Sub-Section (C) of 108.1. Every decision or opinion of the Board shall be made part of the official records of the Valencia County Fire Department. A copy of the board’s decision or opinion shall be given to the aggrieved party and shall be filed in the office of the County Clerk.
h) The decision of the Board shall be final and exhausts all administrative remedies.
i) The Board shall maintain, for at least one (1) year, a list of appeals heard before it and the order or decisions rendered by the Board.
International Fire Code, Chapter 1 Section 109.3 entitled “Administration: Violations; Violation penalties” is hereby amended to the following:
Section 109.3 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair, or do work in violation of the approved construction documents or directives of the fire code official, or of a permit used under the provision of this code, shall be guilty of a misdemeanor, punishable by a fine of up to $300.00, or by imprisonment not exceeding 90 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offence.
International Fire Code, Chapter 1 Section 109.3 entitled “Administration; Violations”; is hereby amended by adding a new subsection 109.3.2 entitled “Abatement of Environmental, Health, Fire or Life Safety Hazards by Fire Marshal” to read as follows.
109.3.2 Abatement of Environmental, Health, Fire or Life Safety Hazards by fire Code Official. If any person fails to comply with the order of the Fire Code Official, or if the Fire Code Official is unable to locate the owner, operator, occupant, or other person responsible within a reasonable amount of time, the Fire Code Official or any authorized representative may take such steps as are necessary to abate the hazard for the protection and safety of the public. Notice is not necessary before abatement, when the hazard is a clear and present danger to the public welfare. All costs and attorneys fees related to such abatement shall become a lien on the subject property.
International Fire Code, Chapter 1 Section 111.4 entitled “Administration; Stop work Order; Failure to comply” is hereby amended to read as follows:
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 guilty of a misdemeanor, punishable by a fine of up to $300.00 or by imprisonment not exceeding 90 days or both such fine and imprisonment.
International Fire Code, Chapter 2 entitled “Definitions”; is amended to add the following:
All the definitions contained in Section 60-2C-2 of the New Mexico Fireworks Licensing and Safety Act, 60-2C-1 et seq., NMSA 1978 are adopted for the purposes of this article and the Fire Code.
International Fire Code, Chapter 2 Section 202 entitled “Definitions; General Definitions; Occupancy Classification; [B] Institutional group I; Group I-1” is hereby amended to read as follows:
Group I-1. This occupancy shall include buildings, structures or parts thereof housing more than 10 persons, on 24- hour basis, who because of age, mental disability or other reason, live in a residential environment that provide supervisory care service. The occupants are capable of responding to an emergency situation without physical assistance from staff. This group shall include, but not limited to, the following: residential board and care facilities, assisted living centers, half-way houses, group homes, congregate care facilities, alcohol and drug abuse centers, social rehabilitation facilities, and convalescent facilities.
A facility such as the above with 10 or fewer persons shall be classified as a Group R-4 Condition 1.
International Fire Code, Chapter 2 Section 202 entitled “Definitions; General Definitions; Occupancy Classification; [B] Residential Group R; R-4” is hereby amended to read as follows:
R-4 Residential occupancies shall include building arranged for occupancy as residential care/assisted living homes including not more than 10 occupants, excluding staff. R-4 Condition 1. This occupancy shall include facilities licensed to provide supervisory care services, in which occupants are capable of self-preservation by responding to an emergency situation without physical assistance from staff. Condition 1 facilities housing more than 10 persons shall be classified as a Group 1-1.
R-4 Condition 2. This occupancy condition shall include facilities licensed to provide personal or directed care services, in which occupants are incapable of self-preservation by responding to an emergency without physical assistance from staff. Condition 2 facilities housing more than 5 persons shall be classified as Group 1-2.
International Fire Code, Chapter 2 Section 202 entitled “Definitions; General Definitions; Occupancy Classification;” is hereby amended by adding the following three definitions:
Directed Care Service. Care, including personal care services, of residence that are incapable of recognizing danger, summoning assistance, expressing need, or making basic care decisions.
Personal care services. Assistance with activities of daily living that can be performed by persons without professional skills or professional training and includes the coordination or provision of intermittent nursing services and the administration of medication and treatments.
Residential Care/ Assisted Living Home. A building or part thereof housing a maximum of 10 persons, excluding staff, on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment which provides supervisory, personal, or directed services. This classification shall include, but limited to the following: Residential board and care facilities, assisted living centers, half-way houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug abuse centers, convalescent facilities.
International Fire Code, Chapter 3 Section 312 entitled “General Precautions Against Fire, Vehicle Impact Protection” is hereby amended by adding a new subsection 312.4 thereto entitled “Utility Meters and piping” to read as follows:
312.4 Utility Meter and piping. Utility meters and piping shall be protected from vehicular impact. Guard posts shall comply with Section 312.2. In addition utility meters and piping shall be protected from snow shedding or ice buildup from a roof area.
International Fire Code, Chapter 3 Section 315.2.3 entitled “General Precautions Against Fire, Miscellaneous Combustible Material Storage; Equipment Rooms” is hereby amended to read as follows:
315.2.3 Equipment Room. Combustible material shall not be stored in boiler rooms, mechanical rooms, electrical rooms, and other rooms where a potential ignition source exists, as determined by the fire code official.
International Fire Code, Chapter 4 Section 401.3.1 entitled “Emergency Planning and Preparedness; General; Making False Reports” is hereby amended to add the following at the end of the section:
Any owner of user of a fire alarm system which experiences more than three nuisance alarms within any calendar year shall be required by the Fire Marshal to modify or improve said system in such a way to prevent accidental activation and may be subject to penalty by the Fire Marshal in accordance with the International Fire Code. Prior to modifying any required system, the owner shall submit an application accompanied by a set of drawings showing the design and nature of the proposed modifications. The system must be approved and permitted through the Valencia County Emergency Services Fire Prevention Bureau.
International Fire Code. Chapter 5 Section 503.2.7 entitled “Fire Service Features; Fire Apparatus Access Roads; Specifications; Grade” is hereby amended to read as follows:
503.2.7 Grade. The grade of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department’s apparatus. The gradient for fire apparatus access roads and driveways shall not exceed 12% or the maximum approved by this code.
Exceptions: The gradient for fire apparatus access roads and driveways may be increased if all structures that the access road or driveway serves are protected by an automatic sprinkler system. The gradient of such fire apparatus access roads or driveways shall not exceed 15%.
International Fire Code, Chapter 5 Section 505.1 entitled “Fire Service Features; Premises Identification; Address numbers” is hereby amended to read as follows:
505.1 Address Numbers. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 6 inches high with minimum stroke width of 0.5 inch. All street address shall be within 25 feet (762mm) of the street in an approved location if the structure or residence is more than 150 feet (45,720 mm) from a fire apparatus access road.
International Fire Code, Chapter 5 Section 505 entitled “Fire Service Features; Premises Identification;” is hereby amended by adding a new subsection 505.3 thereto entitled “Change of Address” to read as follows:
505.3 Change of Address. When required by the fire code official, existing address may be changed to enhance the fire department’s ability to locate the scene in response to an EMS or Fire call. Any recommendations for changes in street names or numbers shall first be submitted to property owners for comment.
International Fire Code, Chapter 5 Section 506.1 entitled “Fire Service Features; Key Boxes; Where Required” is hereby amended to read as follows:
506.1 Where required. Where access to or within a structure or an area is restricted because of secured openings, or where immediate access is necessary for life-safety or fire-fighting purposes, or where there is an automatic fire sprinkler system or fire alarm system, the fire code official is authorized to require a key box to be installed in an approved accessible location. The key box shall be an approved type and shall contain keys to gain access as required by the fire code official.
International Fire Code, Chapter 5 Section 508.1 entitled “Fire Service Features; Fire Protection Water Supplies; Required water supplies” is hereby amended by adding a new subsection 508.1.1 thereto entitled “Fire line Construction” to read as follows:
508.1 Fire Line Construction. The fire line, from the control valve at the main to the flange within the building shall be constructed of ductile iron pipe (350) unless otherwise permitted by the fire code official.
International Fire Code, Chapter 5 Section 508.5.1 entitled “Fire Service Features; Fire Protection Water Supplies; Fire hydrant systems; Where required” is hereby amended to read as follows:
508.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, onsite fire hydrants and mains capable of supplying the required fire flow, shall be provided where required by code official. Additional fire hydrants may be required when buildings are equipped with fire department connections.
International Fire Code, Chapter 5 Section 508.5.1 entitled “Fire Service Features: Fire Protection Water Supplies; Fire hydrant systems; Where required” is hereby amend exceptions to read as follows:
508.5.1 Where required.
Exceptions:
1. For Group R-3 and Group U occupancies, the distance requirement shall be 500 feet (150 m).
2. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 500 feet (150 m).
International Fire Code, Chapter 5, section 508.5.1 entitled “Fire Service Features; Fire Protection Water Supplies; Fire Hydrant Systems” is hereby amended by adding a new subsection 508.1.1 thereto entitled “Fire Protection in Recreational Vehicle, Mobile home and Manufactured Housing Parks, Sales Lots, and Storage Lots” to read as follows:
508.5.1.1 Fire Protection in Recreational Vehicle, Mobile Home and Manufactured Housing Parks, Sales Lots, and Storage Lots. Recreational vehicle, mobile home and manufactured housing parks, sales lots and storage lots shall provide and maintain fire hydrants and access roads in accordance with Sections 503 and 508 of the International Fire Code.
International Fire Code, Chapter 5 Section 508.5.4 entitled “Fire Service Features; Fire Protection Water Supplies; Fire hydrant systems; Obstructions” is hereby amended to read as follows:
508.5.4 Obstructions. Posts, fences, vehicles, growth, trash, storage, and other material or objects shall not be placed or kept near fire hydrants, fire department inlet connections, or fire protection system control valves in a manner that would prevent such equipment or fire hydrant from being immediately discernible. The fire department shall not be deterred from gaining immediate access to fire protection equipment and fire hydrants. Parking shall not be permitted within 15 feet of a fire hydrant, fire department inlet connection, or fire protection systems control valves, except as otherwise approved by the fire code official.
International Fire Code, Chapter 5 Section 510.1 entitled “Fire Service Features; Fire Department Access to Equipment; Identification” is hereby amended to read as follows:
510.1 Identification. Fire Protection equipment, and accessory rooms as deemed necessary by the fire code official, shall be identified in an approved manner. Rooms containing controls for air-conditioning systems, sprinkler risers, and vales, or other fire detection, suppression or control elements shall be identified for the use of the fire department. Approved signs required to identify fire protection equipment and equipment location shall be constructed of durable materials, permanently installed, and readily visible.
International Fire Code, Chapter 6 Section 607 entitled “Building Services and systems; Elevator recall and Maintenance” is hereby amended by adding a new subsection 607.4 thereto entitled “Communications” to read as follows:
607.4 Communications. All elevators shall be equipped with two-way communication equipment and the equipment shall be operable at all times.
International Fire Code, Chapter 9 Section 901 entitled “Fire Protection systems; General; Construction Document’s” is hereby amended by adding a new paragraph at the end thereof to read as follows:
901.2 Construction Documents. Automatic sprinkler systems designed in accordance with NFPA 13 shall be reviewed and submitted bearing a review certification and signature of a minimum level III NICET Certified Engineering Technician (CET).
International Fire Code, Chapter 9 Section 901.4.2 entitled “Fire Protection systems; General; Non-required fire protection systems” is hereby amended to read as follows:
901.4.2 Non-required fire protection systems. Any fire protection system not required by this code or the International Building Code shall be installed throughout a building for complete protection. The installed system shall meet the requirements of the Fire Code and the International Building Code.
International Fire Code, Chapter 9 Section 901.7 entitled “Fire Protection systems; General; Systems out of service” is hereby amended to read as follows:
901.7 Systems out of service. Where a required fire protection system is out of service, the Fire Department shall be notified immediately and when required by the Fire Code official, the building shall have an approved fire watch in place until the fire protection system is placed back in service. The fire Code Official may require the building to be evacuated until such repairs are made.
International Fire Code, Chapter 9 Section 902.1 entitled “Fire Protection Systems; Definitions”; is hereby amended by adding the following definitions thereto:
902.1 Definitions.
Detached buildings: A separate stand alone structure that is separate from other buildings by an approved distance in accordance with the requirements of the building code.
Existing Building: A building, structure, or facility, which is already in existence and constructed prior to the adoption of this code.
Speculative Warehouse: A building designed for high piled combustible storage within a known commodity designation specified.
International Fire Code, Chapter 9, Section 902.1 entitled “Fire Protection Systems; Definitions; Standpipe System, Classes of” is hereby amended to add the following definition thereto:
Class II System. A system providing a 1.5-inch (38mm) hose stations to supply water for use primarily for the building occupants or by the fire department during initial response. 1.5-inch (38mm) hose and hose cabinets shall not be provided unless required by the code official.
Class III System. A system providing a 1.5-inch (38mm) hose stations to supply water for use primarily for the building occupants or by the fire department during initial response. 1.5-inch (38mm) hose and hose cabinets shall not be provided unless required by the code official.
International Fire Code, Chapter 9 Section 903.2 entitled “Fire Protection Systems; Automatic Sprinkler Systems; Where required” is hereby amended by adding new paragraphs thereto, to read as follows:
903.2 Where required. In addition to the requirements of the fire and building codes, an approved automatic monitored sprinkler system shall be installed throughout all levels of all new Group B, E, F, M, R-3, U, and S occupancies 6,000 square feet or greater and in all buildings over 3 stories in height (including basements) regardless of the total square footage. In Group R-7 occupancies, the calculated area shall include all livable and unfinished space and the area of any attached garage. The garage space shall be included in the protected area.
Exceptions:
All Group R-l, R-2, and R-4 occupancies shall have an approved automatic sprinkler system installed regardless of the square footage.
All Group A occupancies shall have an approved automatic sprinkler system installed where there is an occupant load of 50 or greater.
Automatic sprinkler systems in R-3 and U occupancies shall not be required to be monitored. Such systems shall be in accordance with the International Fire Code, International Building Code, and installed in accordance with NFPA 13, 13D, or 13R as specified by the fire code official.
Notwithstanding the foregoing an automatic monitored fire sprinkler system may be installed in any building regardless of floor area.
International Fire Code, Chapter 9 Section 903.2.1 entitled “Fire Protection Systems; Automatic Sprinkler Systems; Where required; Group A-1:” is hereby amended by amending item #2.
903.2.1.1 Group A-1.
2. The fire area has an occupant load of 50 or greater.
International Fire Code, Chapter 9 Section 903.2.1.2 entitled “Fire Protection Systems; Automatic Sprinkler Systems; Where required; Group A-2:” is hereby amended by amending item #2.
903.2.1.2 Group A-2.
2. The fire area has an occupant load of 50 or more; or
International Fire Code, Chapter 9 Section 903.2.1.3 entitled “Fire Protection Systems; Automatic Sprinkler Systems; Where required” Group A-3:” is hereby amended by amending item #2.
903.2.1.3 Group A-3.
2. The fire area has an occupant load of 50 or more; or
International Fire Code, Chapter 9 Section 903.2.1.4 entitled “Fire Protection Systems; Automatic Sprinkler Systems; Where required” Group A-4:” is hereby amended by amending item #2.
903.2.1.4 Group A-4.
2. The fire area has an occupant load of 50 or more; or
International Fire Code, Chapter 9 Section 903.2.1.5 entitled “Fire Protection Systems; Automatic Sprinkler Systems; Where required” Group A-5:” is hereby amended to read as follows:
903.2.1.5 Group A-5. An automatic monitored sprinkler system shall be provided in concession stands, retail areas, press boxes, and other accessory use areas where the occupant load is 50 or greater.
International Fire Code, Chapter 9 Section 903.2.2 entitled “Fire Protection Systems; Automatic Sprinkler Systems; Where required” Group E:” is hereby amended to read as follows:
903.2.2 Group E. An automatic monitored sprinkler system shall be provided throughout all Group E fire areas 6,000 square feet and greater in area. An automatic monitored sprinkler system shall also be provided for every portion of educational buildings above or below the level of exit discharge.
International Fire Code, Chapter 9 Section 903.2.3 entitled “Fire Protection Systems; Automatic Sprinkler Systems; Where required” Group F-l:” is hereby amended by adding a new item number 1-3, to read as follows:
903.2.3 Group F-1
1. Where a Group F fire area is 6,000 square feet or greater;
2. Where a Group F fire area is located more than 3 stories in height (including basements); or
3. Where the combined area of all Group F fire area on all floors, including any mezzanines and basements, is 6,000 square feet or greater.
International Fire Code, Chapter 9 Section 903.2.6 entitled “Fire Protection Systems; Automatic Sprinkler Systems; Where required” Group M:” is hereby amended by adding the following at the end of the paragraph:
903.2.6 Group M.
1. Where a Group M fire area is 6,000 square feet or greater;
2. Where a Group M fire area is located more than three stories in height (including Basements)
3. Where the combined area of all Group M fire area on all floors, including mezzanines and basements, 6,000 square feet or greater.
International Fire Code, Chapter 9 Section 903.2.7 entitled “Fire Protection Systems; Automatic Sprinkler Systems; Where required” Group R:” is hereby amended to read as follows:
903.2.7 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area. In group R-3 occupancies 6,000 square feet or greater, an automatic sprinkler system shall be installed throughout in accordance with Section 903.2 and 903.3.
R-3 and U occupancies less than 6,000 square feet shall be required to have an automatic sprinkler system installed when any of the following apply;
1. The fire department access roads do not meet the requirements of the Fire code.
2. The building is located in a subdivision without adequate fire apparatus access roads, which provide multiple ingress and egress points from the subdivision.
3. The building site is located on a dead-end and exceeds 1,500 feet from the nearest thoroughfare’s intersection.
4. The fire department access road is greater than a 12% grade.
5. A fire hydrant is more than 1000 feet from the building site or the required fire flow is not available.
6. The most remote point of a building is located more than 150 feet from the closest point of a fire apparatus access roadways as measured by an approved route around the exterior of the building.
Exception.
1. Detached one and two family dwellings under 3,000 square feet.
2. Manufactured (Mobile) and modular homes build on a permanent chassis designed and built as a dwelling unit and recreational vehicles that were not site built and are portable in nature.
International Fire Code, Chapter 9 Section 903.2.8 entitled “Fire Protection Systems; Automatic Sprinkler Systems; Where required” Group S-1:” is hereby amended to read as follows:
903.2.8 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-l occupancy, including repair garages, that are greater than 6,000 sq. ft (557 sq, m) within surrounding exterior walls and /or where three stories (including basements) or more in height, or where the combined square footage on all floors including mezzanines, and basements is greater than 6,000 sq, ft. within surrounding exterior walls.
International Fire Code, Chapter 9 Section 903 entitled “Fire Protection Systems; Automatic Sprinkler Systems”; is hereby amended by adding a new subsection 903.2.9.1.2 thereto entitled “Open parking garages” to read as follows:
903.2.9.1.2 Open parking garages. An automatic sprinkler system shall be provided throughout all open parking garages as defined in the International Building Code where any portion is greater than 75 ft from an exterior opening. At least one exterior opening shall be directly accessible by fire apparatus.
International Fire Code, Chapter 9 Section 903.2.10 entitled “Fire Protection Systems; Automatic Sprinkler Systems; Where required” windowless stories in all occupancies” is hereby deleting the exception thereto.
International Fire Code, Chapter 9 Section 903 entitled “Fire Protection Systems; Automatic Sprinkler Systems”; is hereby amended by adding a new subsection 903.2.14 thereto entitled “Fire Protection Systems; Automatic Sprinkler Systems; Where Required; Group B,” to read as follows:
Section 903.2.14 Group B. An automatic sprinkler system shall be provided throughout all Group B occupancies where any of the following exist:
1. Where Group B fire area is 6,000 square feet and greater, or
2. Where Group B fire area is three stories in height including basement, or
3. Where the combined square footage on all floors including mezzanines, and basements is 6,000 square feet.
International Fire Code, Chapter 9 Section 903.3.1.3 entitled “Fire Protection Systems; Automatic Sprinkler Systems; Installation requirements; NFPA 13D sprinkler systems” is hereby amended to read as follows:
903.3.1.3 NFPA 13D sprinkler system. Where allowed, automatic sprinkler systems in one and two family dwellings shall be installed throughout in accordance with NFPA 13D, 901.2.1 and this code. Automatic sprinkler systems designed in accordance with NFPA 13D shall be reviewed and submitted bearing a review certification and signature of a minimum level III NICET Certified Engineering Technician (CET). NFPA 13D systems shall include sprinklers in vehicle garages. Automatic sprinkler systems shall be provided throughout a fire area continuing Group R-3 occupancy where the fire area exceeds 6,000 square feet. Systems greater than 7,500 square feet in size shall be calculated based on four sprinklers and a Fire Department Connection (FDC) shall be provided per the Fire Code Official.
International Fire Code, Chapter 9 Section 903.3.5 entitled “Fire Protection Systems; Automatic Sprinkler Systems; Installation Requirements; Water supplies” is hereby amended by adding a new subsection 903.3.5.3 hereto entitled “Water requirements” to read as follows:
903.3.5.3 Water Requirements. Automatic sprinkler system hydraulic calculations shall be based on water supply data curve that is 90 percent of the available water supply curve (10% Cushion), as determined by flow test information and at a maximum of 80 p.s.i.
International Fire Code, Chapter 9 Section 903.3.7 entitled “Fire Protection Systems; Automatic Sprinkler Systems; Installation Requirements; Fire Department Connections” is hereby amended by adding a new paragraph at the end of the section to read as follows:
903.3.7 Fire Department Connections. The location of the fire department connection shall be located remotely at a distance no less than 1 ½ times the height of the tallest wall.
Exception: If public access ways prohibit required distance, the fire department connection must still be remotely located at a distance approved by the Fire Code Official.
International Fire Code, Chapter 9 Section 903.3 entitled “Fire Protection Systems; Automatic Sprinkler Systems; Installation Requirements”; is hereby amended by adding a new subsection 903.3.8 entitled “Speculative warehouse special requirements” thereto, to read as follows:
903.3.8 Speculative Warehouse Special Requirements. Speculative Warehouse shall comply with Chapter 23, and this code. Where the maximum allowable storage height can exceed 12 feet but less than 22 feet the following shall apply:
1. Design for a class IV non-encapsulated commodity, double row rack storage, 8 foot aisles and 286 degree sprinklers; and
2. Hydraulically designed to protect the maximum possible clear height or storage without in-rack sprinklers; and
3. Add 500 g.p.m. at the base of the riser for inside hose to hydraulic calculations, and provide the hose stub outs for future installation or use existing columns for hose installing locations. Where the maximum allowable storage height can exceed 22 feet the following shall apply:
1. Hydraulically design systems to protect the maximum possible clear height of storage without in-rack sprinklers; and
2. Provide .64 g.p.m. per square foot over the hydraulically most remote 2,000 square feet; or use an approved alternative design such as ESFR sprinklers.
International Fire Code, Chapter 9 Section 903.3 entitled “Fire Protection Systems: Automatic Sprinkler Systems; Installation Requirements”; is hereby amended by adding a new subsection 903.3.9 entitled “Access to fire sprinkler riser room” thereto, to read as follows:
903.3.9 Access to fire sprinkler riser room. An exterior door leading directly into the room containing the fire sprinkler riser and shut off controls shall be provided.
Exception: Where an approved alternate method of controlling the sprinkler water supply from the outside of the structure is provided and is accessible to the fire department.
International Fire Code Chapter 9 Section 903.4 entitled “Fire Protection Systems; Automatic Sprinkler Systems; Sprinkler system monitoring and alarms” is hereby amended by deleting exception number 2 thereto.
International Fire Code, Chapter 9 Section 903.4.2 entitled “Fire Protection Systems; Automatic Sprinkler Systems; Sprinkler systems monitoring and alarms; Alarms” is hereby amended by adding a new subsection 903.4.2.1 entitled “Occupant notification” thereto, to read as follows:
903.4.2.1 Occupant Notification. Alarm devises to alert the occupants shall be provided in the interior of the building, in normally occupied locations, as approved by the Fire Code Official.
Occupant notification alarms shall be in compliance with NFPA 72 and the Fire Code.
International Fire Code, Chapter 9 Section 903.6 entitled “Fire Protection Systems; Automatic Sprinkler Systems; Existing Building”; is hereby amended to read as follows:
903.6 Existing Buildings. The provisions of this section are intended to provide a reasonable degree of safety in existing structures not complying with the minimum requirements of the International Building Code by requiring installation of an automatic fire-extinguishing system.
An approved automatic monitoring fire extinguishing system shall be provided throughout all existing building when any of the following occur:
1. Any addition that increases the total floor area to 6,000 square feet or greater including mezzanines, and basements, or
2. Any change of use to a portion of the building to an Assembly Occupancy where the occupant load is 50 or greater, or
3. A change or use is made to any building with a total floor area of 6,000 feet or greater including mezzanines and basements.
Exception: R-3 Occupancies.
International Fire Code, Chapter 9 section 904.11 entitled “Fire Protection Systems; Alternative Automatic Fire- Extinguishing Systems; Commercial Cooking Systems” is hereby amended by deleting the exception.
International Fire Code, Chapter 9 Section 907.1.1 entitled “Fire Protection Systems; Alarm and Detection Systems; Construction Documents”; is hereby amended by adding a new item number 12 thereto, to read as follows:
907.1.1 Construction Documents.
12. All plans shall be designed and stamped by minimum NICET Level III Fire Protection Engineering Technology, fire Alarm certified personnel.
International Fire Code, Chapter 9 Section 907.2 entitled “Fire Protection Systems: Fire Alarm and Detection Systems: Where required” is hereby amended to read as follows:
907.2 Where required - new building and structures. An approved manual, automatic, or manual and automatic fire alarm system shall be provided in new buildings and structures in accordance with Section 907.2.1 through 907.2.23. Where automatic sprinkler protection installed in accordance with Section 903.3.1.2 is provided and connected to the building alarm system, automatic heat detection required by this section shall not be required.
Where automatic sprinkler protection is provided, approved fire alarm system notification appliances shall be installed in all occupancies over 6,000 square feet of floor area and in all buildings over three stories in (including basements) regardless of total square footage.
All fire alarm installations shall be installed by a minimum NICET Level III Fire Protection Engineering Technology, Fire Alarm Systems certified persons or factory-trained and certified personnel.
Exception: Group R-3 occupancies
International Fire Code, Chapter 9 Section 907.2.1 entitled “Fire Protection Systems; Fire Alarm and Detection Systems; Where required new building and structures; Group A” is hereby amended by adding a new subsection 907.2.1.3 entitled “Audibility in new and existing buildings” thereto, to read as follows:
907.2.1.3 Audibility in new and existing buildings. To ensure that audible public mode signals are clearly heard, a fire alarm system shall be arranged to stop or reduce ambient noise, when required by the code official.
International Fire Code, Chapter 9 Section 907.20.5 entitled “Fire Protection Systems; Fire Alarm and Detection Systems; Inspections, testing, and maintenance; Maintenance, inspection and testing” is hereby amended by adding a new subsection 907.20.5.1 entitled “Qualified Personnel” thereto, to read as follows:
907.20.5.1 Qualified Personnel. Maintenance, inspection, and testing shall be conducted by persons who are qualified and experienced. Maintenance, inspection and testing of alarm systems shall be conducted by minimum NICET Level III Fire Protection Engineering Technology, Fire Alarm Systems certified persons, or factory trained and certified personnel.
International Fire Code, Chapter 9 Section 907.20 entitled “Fire Protection Systems; Fire Alarm and Detection Systems; Inspections, testing, and maintenance”; is hereby amended by adding a new subsection 907.20.6 entitled “Required Monitoring” thereto, to read as follows:
907.20.6 Required Monitoring. When required by the Fire Code Official, fire alarm systems shall be monitored by an approved central, proprietary, or remote station. Owners/tenants of building with required fire alarm systems must report upon request from the fire department, the name and location of the monitoring company for that system. The Fire Code Official shall be notified within 24 hours of any change or cancellation by the monitoring company of any changes thereto.
International Fire Code, Chapter 9 section 909.8.1 is amended to the following:
Exhaust rate. The height of the lowest horizontal surface of the accumulating smoke layer shall be maintained at least 6 ft above any walking surface, which forms a portion of a required egress system within the smoke zone. The required exhaust rate for the zone shall be the largest of the calculated plume mass flow rates for the possible plume configurations. Provisions shall be made for natural or mechanical supply of air exhausted. Makeup airflow rates, when measured at the potential fire location, shall not exceed 200 feet per minute (60960 mm per minute) toward the fire. The temperature of the makeup air shall be such that it does not expose temperature-sensitive fire protection systems beyond their limits.
International Fire Code, Chapter 9 sections 909.9 shall be amended to the following.
909.9 Design Fire. The design fire shall be based on a rational analysis performed by a registered design professional and approved by the code official. The design fire shall be based on the analysis in accordance with Section 909.4 and this section.
International Fire Code, Chapter 10 Section 1008.1 entitled “Means of Egress; Doors, Gates and Turnstiles; Doors” is hereby amended by adding a new paragraph at the end of the section thereto, to read as follows:
1008.1 Doors: When required by the Fire Code Official, a sign shall be displayed permanently on the exterior of the exit door(s) in letters not less than 6 inches in height with a minimum stroke of .5 inches with a contrasting background to read as follows:
“EXIT DOORS DO NOT OBSTRUCT”
International Fire Code, Chapter 10 Section 1011.1 entitled “Where required” is hereby amended by adding a new sentence at the end of the section thereto, to read as follows:
1011.1 Where required: Floor proximity exit signs are required in R-l occupancies having more than 2 stories in height.
International Fire Code, Chapter 14 Section 1410 entitled “Fire Safety During Construction and Demolition; Access for Fire Fighting” is hereby amended by adding a new subsection 1410.3 entitled “Access road and signage” thereto, to read as follows:
1410.3 Access road and signage. During construction, approved signs shall be located to direct emergency responders into and through the construction site as required by the Fire Code Official.
International Fire Code, Chapter 24 section 2404.12 entitled “Tents, Canopies, and other Membrane Structures: Temporary and Permanent Tents, Canopies, and other Membrane Structures; Portable fire extinguishers” is hereby amended to read as follows.
2404.12 Portable Fire Extinguishers. A portable fire extinguisher shall be provided for every 400 square feet of tent, canopy, or membrane structure with a travel distance of 50 feet.
Exception: Tents, canopies, or membrane structures not used for cooking or with no open flame may increase area to 800 square feet and a travel distance of 75 feet.
International Fire Code, Chapter 27 Section 2702.1 entitled “Hazardous Material-General Provisions; Definition; Secondary Containment” is hereby amended to read as follows:
Secondary Containment. That level of containment that is external to and separate from primary containment and is capable of safely and securely containing the material, without discharge, for a period of time reasonable necessary to ensure detection and remedy of the primary containment failure.
International Fire Code, Chapter 33 section 3301.1.3 delete exception # 2.
International Fire Code, Chapter 33 Section 3301.2.4 entitled “Explosives and Fireworks; General: Permit Required; Financial Responsibility” is hereby amended to read as follows:
3301.2.4 Financial Responsibility. Before a permit is issued, as required by Section 3301.2 the applicant shall file with the County of Valencia a surety bond in the principal sum of $1,000,000.00 (one million dollars) or a public liability insurance policy for the same amount, for the purpose of payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. The Fire Code Official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required.
Exception: Government Entities.
International Fire Code, Chapter 33 Section 3301 entitled “Explosives and Fireworks; General”; is hereby amended by adding a new subsection 3301.9 through 3301.11 thereto, to read as follows:
3301.9 Plans. Three (3) days prior to temporary storing of explosive material within the jurisdiction a scale drawing of the proposed storage site, noting closest inhabited dwellings, structure, utilities, and public right of ways shall be submitted to the Fire Code Official for review and an on-site inspection shall be conducted prior to approval. The magazine and site shall meet the requirements of the American Table of Distances.
3301.10 Fees. Fees shall be paid to the Valencia County Emergency Services at the time of the request for any permit.
3301.11 Permit Requirements. When applying for a permit to use or store explosive materials with Valencia County, the contractor shall conform to the policy set by Valencia County Fire Marshal.
International Fire Code, Chapter 33 Section 3302.1 entitled “Explosives and Fireworks; Definitions; Definitions” is hereby amended by adding the following definitions thereto:
Attend. Is an unobstructed view of explosive material storage or within 100 feet of an explosive material transportation vehicle.
Permanent. Shall mean more than 90 days but less than 360 days.
Temporary. Shall mean no more than 90 days.
International Fire Code, Chapter 33 Section 3304 entitled “Explosives and Fireworks, Explosive Material Storage and Handling” is hereby amended by adding a new subsection 3304.3.1.1 thereto entitled “Monitoring of Type I and II Magazines” to read as follows:
3304.2.1.1 Monitoring of Type I and II Magazines
An automatic alarm system shall be provided in all type I and II magazines. The alarm system shall be remotely monitored and shall be activated when there is unauthorized entry into the magazine, and when there is a rise in the temperature in the magazine that could cause the explosive material stored in the magazine to detonate or to deflagrate. The alarm system shall be in accordance with the provision of section 907.20.6 NFPA 72, and other recognized national standards.
International Fire Code, Chapter 33 Section 3304.9 entitled “Explosives and Fireworks, Explosive Material Storage and Handling; inspection” is hereby amended to read as follows:
3304.9 Inspections. Magazines containing explosive material shall be opened and inspected at maximum three-day intervals. The inspection shall determine whether there has been an unauthorized or attempted entry into a magazine or an unauthorized removal or a magazine or its contents.
International Fire Code, Chapter 33 Section 3304 entitled “Explosives and Fireworks, Explosive Material Storage and Handling” is hereby amended by adding a new subsections 3304.11 through 3304.21 thereto, to read as follows:
3304.11 Loading of Holes. Explosive material shall not be loaded into the ground until the Fire Code Official issues a valid use permit and the permit holder is on site.
3304.12 Signage. Provide and install signs reading “BLASTING ZONE AHEAD” and “TURN OFF 2_WAY RADIOS” when explosive material use is proposed within 300 feet of public rights-of-way.
3304.13 Attendance. The permit holder shall be on site when the explosive material are loaded into the ground and shall remain on site until the blasting operation is complete.
330.14 Written notification. The contractor, at the discretion of the permit holder may provide verbal notification to the owner/occupant and written notification in their absence, of each building or structure within a 300-foot radius of the blast site prior to the use of explosive materials or as otherwise required by the Fire Code Official.
3304.15 Scaled distance. When building are located within a 300-foot radius of a blast site the scaled distance factor of fifty shall be used in order to limit the peak particle velocity (PPV). A pre-blast survey, seismic or air blast monitoring may also be required at the discretion of the Fire Code Official. When seismic monitoring is conducted refer to NFPA 495, “Frequency vs. Particle Velocity Graph.” When air blast monitoring is conducted, the maximum reading allowed is 133 decibels (db) as referred to in NFPA 495, Air blast Limits Table.
3304.16 Blasting log. The permit holder shall maintain a blasting log. The log shall contain the following minimum date as applicable. Blasting logs shall be retained for at least five (5) years and when requested, a copy of the blasting log shall be submitted to the Fire Code Official.
1. Name of Company or contractor,
2. Fire Department Permit number,
3. Exact location of the blast site, date and time of detonation,
4. Type of material blasted,
5. Number of holes, burden and spacing,
6. Diameter and depth of hole,
7. Types and total amount of each explosive used,
8. Maximum amount of explosives and holes detonated within each 8-millisecond delay period,
9. Method of firing and type of circuit,
10. Direction, distance in feet, and identification of the nearest dwelling, house, public building, school, church, commercial or institutional building,
11. Weather conditions,
12. Type and height of stemming,
13. Statement of whether fly-rock protection was used and type,
14. Type of delays and delay period in milliseconds,
15. Seismograph records when used:
a. Name of operator
b. Distance and direction of geophone and mic from blast
c. Seismograph calibration certification
d. seismograph reading
16. Plan view drawing of blast pattern showing layout and number of holes, burden, and spacing distance, delay pattern, and a profile of typical loaded hole.
3304.17 Marked items. Any remaining explosive operation items or device marked EXPLOSIVE or BLASTING CAP shall be removed from the site at the end of the day and properly disposed of in accordance with the Fire Code and nationally recognized standards.
3304.18 Transfer of material between vehicles; breakdown or collision. Explosive materials shall not be transferred from one vehicle to another within Valencia County without informing the Fire Code Official first. In the event of a breakdown or collision of vehicles transporting explosives materials, the Fire Chief shall be immediately notified.
3304.19 Parking and garaging. Vehicles transporting explosive material shall not be parked before reaching its destination on any street, adjacent to or in the proximity of any bridge, tunnel, dwelling, building or place where people work, congregate or assembly.
3304.20 Temporary storage - up to 90 days. As defined in Chapter 33, temporary storage (up to 90 days) may be allowed by the Fire Code Official and shall be placed in an approved magazine for storage of explosives and explosive material and shall comply with Section 3304.5.1 through 3304.5.3.3
3304.21 Permanent storage - 90 to 360 days. As defined in Chapter 33 (over 90 days but less than 360) may be allowed by the Fire Code Official and shall be placed in an approved magazine for the storage of explosives and explosive material and shall comply with Section 3304.5.1 through 3304.5.3.3
International Fire Code, Chapter 33 Section 3305 entitled “Explosives and Fireworks, Manufacture, Assembly and Testing or Explosives, Explosive Material, and Fireworks” is hereby deleted in its entirety, to be replaced with a new section 3305, to read as follows:
Section 3305 Manufacture, Assembly and Testing or Explosives, Explosive Materials, and Fireworks.
3305.1 General: The manufacture, assembly and testing of explosives, ammunition, blasting agents, explosive materials, and fireworks shall not be conducted within Valencia County.
Exceptions:
1. The hand loading of small arms ammunition prepared for personal use and not offered for resale.
2. The mixing and loading of blasting sites in accordance with NFPA 495.
3. The use of binary explosives or plosophoric materials in blasting or pyrotechnic special effects applications in accordance with NFPA 495 or NFPA 1126.
International Fire Code, Chapter 33 Section 3307.1 entitled “Explosives and Fireworks, Blasting; General” is hereby amended by adding new subsection 3307.1.1 through 3307.1.5 thereto, to read as follows:
3307.1.1 Competency. A competent person possessing a valid permit issued by the Valencia County Fire Department shall be in charge of magazines. The person shall be at least 21 years of age and responsible for compliance with all regulatory agencies.
3307.1.2 Personnel Qualifications. The person in charge of the use, possession, manufacturing, handling or transporting or explosives material within Valencia County shall be at least 21 years of age.
3307.1.3 Intoxicants. Explosive materials shall not be handled by persons under the influence of intoxicants or any drug as defined in New Mexico Statue, or its metabolics.
3307.1.4 New Mexico Revised Statues. Vehicles used to transport explosive materials in quantities requiring placards in accordance with DOT shall be provided with liability insurance in compliance with Revised New Mexico Statutes.
3307.1.5 Abandonment. Explosive material or loaded holes shall not be left unattended at any time.
International Fire Code, Chapter 3308.11 entitled “Explosives and Fireworks; Fireworks Displays; Retail displays and sale”, is hereby deleted and replaced with the following.
3308.11 Retail Sales and Storage of Fireworks; Regulated Activity.
Retail Sales and Storage of Fireworks; Regulated Activity
1) Fireworks may not be sold without a retail permit. A permit shall be issued for each location where the sale takes place.
2) It is unlawful to offer for sale any firework to children under the age of twelve or to any intoxicated person.
3) At places where fireworks are stored, sold, or displayed the words “No Smoking” shall be posted in letters at least four inches high. Smoking, open flames and ignition sources are prohibited within twenty-five (25) feet of any fireworks stock. The number and placement of “No Smoking” signs may be determined by the “Fire Marshal” or designated agents of the “Fire Marshal”
4) Fireworks may not be stored, kept, sold or discharges within fifty (50) feet of any gasoline pump, or gasoline bulk station, or any building in which gasoline or volatile liquids are sold in quantities in excess of one gallon, except in stores where cleaners, paints, and oils are handled in sealed container.
5) All Fireworks permits and licensees shall keep, posted, and maintain upon each premises where fireworks are located a fire extinguisher bearing an Underwriters Laboratories Inc. label and with a rated capacity of at least 51bs ABC per five hundreds (500) square feet of space used for fireworks sales and storage.
6) A sales attendant who is at least sixteen (16) years of age must be on duty to serve consumers at the time of purchase and delivery. All fireworks sold and shipped to consumers within Valencia County shall be sold and shipped only by an individual firm, partnership, or corporation holding the proper Valencia County fireworks license or permit.
7) Fireworks shall not be discharged within one hundred and fifty (150) feet of any fireworks sales location.
8) Fireworks shall not be ignited within a motor vehicle and shall not be thrown from a motor vehicle. Fireworks shall not be thrown into or at a motor vehicle, or into, at or near any person, or group of persons.
9) All fireworks devices that are readily accessible to handling by consumers or purchasers in retail sales locations must have their exposed fuses protected in such a manner as to protect against accidental ignition of an item by spark, cigarette ash, or other ignition source. If the fuse is a threaded-wrapped safety fuse, which has been coated with a nonflammable coating, only the outside end of the safety fuse shall be covered. If the fuse is not a threaded-wrapped safety fuse, the entire fuse shall be covered.
10) Fireworks may be sold between June 20 and July 6 of each year and the three days preceding and including New Year’s Day, Chinese New Year, and Cinco De Mayo of each year.
Exception: Fireworks may be sold all year in permanent retail stores whose primary business is tourism.
c) No person may, shall, hold for sale, import, distribute, or offer for sale, as manufacturer, distributor, wholesaler, or retail any fireworks in Valencia County unless such person has first obtained the appropriate fireworks license or permit. All fireworks license or permit applications shall be submitted to the Valencia County Emergency Services. All retailers shall be required to purchase a retail fireworks license or permit for each retail location.
d) An application for a fireworks license or permit under the International Fire Code and this ordinance shall pay to the Valencia County Emergency Services the following fees, which shall not be waived or refunded:
1. Manufacturer License $50.00
2. Distributor License $25.00
3. Wholesaler License $25.00
4. Specialty Retailer License $25.00
5. Display Distributor License $25.00
6. Retailer Permit $25.00
e) All fireworks licenses and permits shall be issued for one year beginning on May 1 of each year. All fireworks licenses and permits if approved shall be issued within thirty days from the date of receipt of application.
f) Fireworks licenses and permits issued under the International Fire Code and this ordinance shall not be restricted in number or limited to any person without cause.
g) Permissible fireworks for sale to the general public as that term is used in the International Fire Code and this ordinance shall mean fireworks legal for sale and use in New Mexico under the provisions of the Fireworks Safety and Licensing Act, Section 60-2C et. seq. N.M.S.A. (1978).
Exception: aerial devices and ground devices.
Prohibition
a) All aerial devices and ground audible devices are prohibited and deemed non-permissible. Individuals, firms, partnership, corporations, or associations shall not possess for sale in Valencia County, sell, and offer to sell, use or possess any fireworks other than permissible fireworks.
b) Nothing in the Fireworks Licensing and Safety Act, 60-2C-1 et. seq. N.M.S.A. (1978) shall prohibit licensed wholesalers, distributors, importers, or manufacturers from storing, selling, shipping, or otherwise transporting fireworks defined by the United States Department of Transportation to any person or entity outside the Sate of New Mexico.
(Ord. 2013-01, passed 1-23-2013)