CITY of ALBUQUERQUE
TWENTY FIFTH COUNCIL
COUNCIL BILL NO. O-23-92
ENACTMENT NO.
O-2024-002
SPONSORED BY: Renée Grout, by request
ORDINANCE
ADOPTING A FIRE CODE PRESCRIBING REGULATIONS CONSISTENT WITH NATIONALLY RECOGNIZED GOOD PRACTICE FOR THE SAFEGUARDING OF LIFE AND PROPERTY FROM THE HAZARDS OF FIRE, EXPLOSION, AND DANGEROUS CONDITIONS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE USE OR OCCUPANCY OF BUILDINGS OR PREMISES AND PROVISIONS TO ASSIST EMERGENCY RESPONSE PERSONNEL; PROVISIONS OF THIS CODE SHALL SUPPLEMENT ANY AND ALL LAWS RELATING TO FIRE SAFETY AND SHALL APPLY TO ALL PERSONS WITHOUT RESTRICTION, UNLESS SPECIFICALLY EXEMPTED; PROVIDING FOR A BOARD OF APPEALS, PROVIDING PENALTIES FOR VIOLATIONS OF CODE PROVISIONS; REPEALING THE FIRE PREVENTION CODE ADOPTED IN 2019 BY ORDINANCE NO. O-19-63, ENACTMENT NO. O-2019-012; AND PROVIDING A SEVERABILITY CLAUSE.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. REPEALER. Chapter 14, Article 2 ROA 1994 is hereby repealed.
SECTION 2. NEW MATERIAL. Chapter 9, Article 2 ROA 1994 is hereby added to read as follows:
Ҥ 14-2-1 ADOPTION OF FIRE CODE.
(A) For the purpose of prescribing minimum regulations governing conditions hazardous to life and property from fire, hazardous materials, or explosion within the City of Albuquerque, New Mexico, the following documents are hereby adopted as the City of Albuquerque Fire Code, shall take effect on the effective date of this ordinance, and shall control within the boundaries of the City of Albuquerque, New Mexico:
(1) The International Fire Code (“IFC”) 2021 Edition, including Appendices B, C, D, F, H, E and K, except all references to the International Plumbing, Mechanical and Electrical Codes as published by the International Code Council (ICC) shall be deleted and replaced with the City of Albuquerque’s Uniform Administrative Codes, as adopted in ROA 1994, Section 14-1-3.
(2) NFPA 1, Fire Code, 2021 Edition, Chapter 38 (Cannabis Growing, Processing, or Extraction Facilities), except that the use of ozone generators in connection with the production or manufacturing of cannabis shall be prohibited.
§ 14-2-2 CONFLICT OF CODES.
(A) Existing Structures, Facilities and Operations. The Fire Chief or his/her duly authorized representative shall have jurisdiction to administer the City of Albuquerque Fire Code as applicable to all existing structures as follows:
(1) Existing structures and facilities built prior to July 1, 2004, will be regulated pursuant to the NFPA 101 Life Safety Code (LSC) as adopted and The International Fire Code (IFC) Chapter 11. Existing structures built after July 1, 2004, and before the adoption of this code will be regulated pursuant to the code at the time of their construction and The International Fire Code (IFC) Chapter 11.
(2) When a conflict exists in a specific code requirement between the Existing Sections of the Life Safety Code the Existing Sections of International Fire Code and the International Building Code (IBC), the Fire Code Official will make the determination on which code to use that best meets the public safety requirements of the jurisdiction.
(B) New Structures, Facilities and Operations. The Fire Chief or his/her duly authorized representative shall have jurisdiction to administer the City of Albuquerque Fire Code as it applies to all new structures:
(1) When a conflict exists in specific code requirements between the applicable sections of the Uniform Administrative Codes of the City of Albuquerque and the City of Albuquerque Fire Code, the Fire Code Official will make the determination on which code to use that best meets the public safety requirements of the jurisdiction.
§ 12-2-3 AUTHORITIES HAVING JURISDICTION.
(A) The Fire Marshal’s Office of Albuquerque Fire Rescue shall have jurisdiction under the City of Albuquerque Fire Code to test and inspect fire suppression systems, including fire hydrants, fire extinguishers, fire alarms and sprinkler systems installed in construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment.
(B) The Fire Marshal’s Office shall have jurisdiction under the City of Albuquerque Fire Code to enforce the IFC as applicable to construction alterations, moving, demolition, repair, use and occupancy of building and structures.
§ 14-2-4 AMENDMENTS. The International Fire Code is hereby amended as set forth in Exhibit A and subject to the modifications, additions or deletions therein. When an existing section number of the International Fire Code is referred in Exhibit A, the text herein shall control. When a new chapter, section or subsection is referred to in Exhibit A, it shall be added to the International Fire Code as adopted in Section 1 of this Ordinance.
§ 14-2-5 AVAILABILITY OF CODE. A copy of the Fire Code of the City of Albuquerque as adopted by this ordinance and a copy of the deletions, modifications, amendments and additions to said code are available on the website for the City of Albuquerque Fire Marshal’s Office. A copy of the adopted ordinance shall be available to any individual upon request and payment of a reasonable charge as set forth in Chapter 83 of this code. Three certified copies of this ordinance as adopted shall be filed with the City Clerk and shall be in effect immediately thereafter and additional copies shall be kept in the office of the Fire Marshal. One copy of the new Fire Code adopted by this ordinance is available for inspection in the City Clerk’s Office, 600 2nd St. N.W.
§ 14-2-6 ESTABLISHMENT OF THE FIRE MARSHAL’S OFFICE.
(A) The Fire Code of the City of Albuquerque shall be enforced by the Fire Marshal’s Office of Albuquerque Fire Rescue, which is hereby established and shall be administered and directed by the Fire Code Official.
(B) The Fire Marshal shall be appointed by the Fire Chief of Albuquerque Fire Rescue to exercise the powers and authority as set forth in this code.
(C) The Fire Code Official shall have the authority to issue citations pursuant to the provisions of this code.
§ 14-2-99 PENALTY. Any person convicted of violating any of the provisions of this code or failing or neglecting to comply with any orders issued pursuant to any section thereof shall be deemed guilty of a petty misdemeanor and such person shall be guilty of a separate offense for each and every day or portion thereof during which any such violation is continued or permitted. Upon conviction, each such violation shall be punishable by a fine of not more than five hundred ($500.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment.”
SECTION 3. COMPILATION. This Ordinance shall be incorporated in and made part of the Revised Ordinances of Albuquerque, New Mexico, 1994.
SECTION 4. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause, word or phrase of this code is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The governing body of the City of Albuquerque hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, word or phrase thereof, irrespective of the fact that any one of more sections, subsections, sentences, clauses, words or phrases is held unconstitutional or otherwise invalid.
HCS Pub. February 16, 2024
