New Mexico Register / Volume
XXXIII, Issue 18 / September 27, 2022
This is an
amendment to 10.25.5 NMAC, Sections 1, 2, 5, 7 through 9, 11 through 15, and
18, and adding a new section 20, effective 11/1/2022.
10.25.5.1 ISSUING AGENCY: [New Mexico Public Regulation Commission.] New Mexico
Department of Homeland Security and Emergency Management.
[10.25.5.1 NMAC -
Rp, 10.25.5.1 NMAC, 11/26/2019; A, 11/01/2022]
10.25.5.2 SCOPE:
A. This rule
establishes the state's minimum requirements that apply to structures,
processes, premises and safeguards regarding:
(1) the
hazard of fire and explosion arising from the storage, handling or use of
structures, materials or devices;
(2) conditions
hazardous to life, property, or public welfare in the occupancy of
structures or premises;
(3) fire
hazards in the structure or on the premises from occupancy or operation;
(4) matters
related to the construction, extension, repair, alteration, or removal
of fire protection systems; and
(5) conditions
affecting the safety of firefighters and emergency responders during emergency
operations.
B. This rule does
not apply to detached one- and two-family dwellings and townhouses not more
than three stories above grade plane in height with a separate means of egress
and their accessory structures not more than three stories above grade in
height built to the New Mexico Residential Building Code except for those
being used as commercial properties.
C. Other state
agencies have adopted rules that may or may not apply and that may or may not
affect this rule.
(1) The
construction industries division of the New Mexico regulation and licensing
department (CID) adopts regulations for all construction pursuant to Title 14
NMAC, Housing and Construction, Chapters 5 through 10 NMAC, setting forth the
state's minimum requirements that include provisions on fire prevention.
(2) The
New Mexico environmental improvement board has adopted rules for aboveground
and underground storage tanks containing petroleum or hazardous substances and
rules governing hazardous waste administered by the environment department in
Title 20, Chapter 5 NMAC.
(3) The
board of licensure for professional engineers and surveyors has adopted rules
for the design of fire protection and alarm systems pursuant to Title 16,
Chapter 39 NMAC.
(4) CID
has jurisdiction over all contractors and journeymen installers of fire
protection systems and establishes the minimum requirements for licenses and
certificates pursuant to the Construction Industries Licensing Act and to Title
14, Chapter 6, Part 6 NMAC on CID license classifications and scopes.
D. AHJs, defined below, may adopt fire protection requirements that are
more stringent than 10.25.5 NMAC, provided such requirements do not conflict
with this rule. The authority for
administration and interpretation of construction-related sections of the NMFC,
defined below, that apply to construction projects requiring a building permit
is the responsibility of the chief building official or the AHJ. The FM, defined below, shall have the
authority for the administration and interpretation of fire protection systems
and the chief building official of an AHJ shall have the authority for the
administration and interpretation of building codes other than fire protections
systems.
[10.25.5.2 NMAC -
Rp, 10.25.5.2 NMAC, 11/26/2019; A, 11/01/2022]
10.25.5.5 EFFECTIVE
DATE: [November 26, 2019] November 1, 2022 unless a later date is cited at the end of a
section.
[10.25.5.5 NMAC - Rp, 10.25.5.5 NMAC,
11/26/2019; A, 11/01/2022]
10.25.5.7 DEFINITIONS: In
addition to the definitions in 10.25.1 NMAC:
A. "Authority Having Jurisdiction (AHJ)"
means an organization, office, or individual responsible for enforcing the
minimum requirements of codes, standards and permits for approving equipment,
materials and installations or a procedure within its jurisdiction.
B. "Certificate of Fitness" means the
State Fire Marshall's verification document of a fire protection installation,
maintenance and inspection company's competence in the methods and materials of
the specific fire system subject to the permit, which is obtained pursuant to
10.25.2 NMAC.
C. "Fire Code Official" shall have the
meaning provided in Section 202 of the IFC.
D. "Fire Marshal (FM)" means
the fire marshal with the authority over permitting and inspections of fire
systems within a particular political subdivision of the state.
E. "IFC" means the New Mexico
currently adopted international fire code, [2015] 2021 edition,
published by the International Code Council and is available by
contacting: Publications, 4051 West
Flossmoor Road, Country Club Hills, IL 60478-5795.
F. "Life Safety Features" means
compliance with NFPA 1 and NFPA 101 for structures built on or before November
15, 2007, and the NMFC for structures build after November 15, 2007.
G. "NFPA 1" means the fire prevention
code, 1997 edition, published by the National Fire Protection Association and
available by contacting: Secretary,
Standards Council, National Fire Protection Association, 1 Batterymarch Park,
Quincy, MA 02269-9101.
H. "NFPA 101" means
the life safety code, 1997 edition, published by the National Fire Protection
Association and available by contacting:
Secretary, Standards Council, National Fire Protection Association, 1
Batterymarch Park, Quincy, MA 02269-9101.
I. "New Mexico Fire Code
(NMFC)" means the New Mexico fire code created by this rule including
the IFC currently adopted by the construction industries division of the
regulation and licensing department in New Mexico by reference.
J. "State Fire Marshal (SFM)"
means the director of the state fire marshal division under the [public
regulation commission] department
of homeland security and emergency management who has the authority for final
determination of the application of the fire provisions of this rule throughout
the state.
[10.25.5.7 NMAC - Rp, 10.25.5.7 NMAC, 11/26/2019; A, 11/01/2022]
10.25.5.8 ADOPTION OF NATIONAL STANDARD: The
SFM adopts the IFC which is then incorporated by reference as revised in this
rule. In this rule, revisions are
numbered to correspond with the section numbering of the IFC and such revisions
further amend such sections of the IFC.
All references in the IFC to the International Mechanical Code mean the
New Mexico Mechanical Code, CID rule 14.9.2 NMAC. All references in the IFC to the
International Plumbing Code mean the New Mexico Plumbing Code, CID rule 14.8.2
NMAC. For purposes of this rule, the
application of building code section 102.4 of the IFC, [2015] 2021
edition, means that the design and construction of new structures shall comply
with the currently adopted New Mexico Building Code (NMBC), CID rule 14.7.2
NMAC, and any alterations, additions, changes in use or changes in structures
required by the NMFC, and shall be made in accordance with the currently
adopted NMBC, CID rule 14.7.2 NMAC.
[10.25.5.8 NMAC -
Rp, 10.25.5.8 NMAC, 11/26/2019; A, 11/01/2022]
10.25.5.9 CHAPTER
1 ADMINISTRATION:
A. Section 101 General.
(1) Section 101.1 Title. Insert in brackets: New Mexico.
(2) Section 101.2 Scope. This section of the IFC shall not apply. 10.25.5.2 NMAC defines the scope of this rule.
(3) Section 101.2.1 Appendices. [The
appendices of the IFC shall not apply, except where
adopted by an AHJ.] The SFM
adopts appendices D and I. All other
appendices of the IFC shall not apply except where
adopted by the local AHJ.
(4) Sections 101.3 through 101.5. See the corresponding sections of the IFC.
B. Section 102.3
(Applicability, Change in use or occupancy.) Delete this section and
replace with the following: "Changes shall not 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 and
the NMBC. Subject to the approval of the
building code official, the use or occupancy of an existing structure shall be
allowed to be changed and the structure allowed to be occupied for purposes in
other groups without conforming to all of the requirements of this code and the
NMBC for those groups, provided the new or proposed use is less hazardous,
based on life and fire risk, than the existing use."
C. Section 104 [General authority and responsibilities.] Duties and Powers of the Fire
Code Official. If Section 104.6 (official
records) or any other provision of the NMFC conflicts with the Inspection of
Public Records Act, Sections 14-2-1 through 14-2-12 NMSA 1978, the provisions
of the Inspection of Public Records Act shall control.
D. Section 105
permits. [The following sections of the IFC are deleted: Section 105.6, Section 105.7.2 through
105.7.5, Section 105.7.8 through 105.7.16 and Section 105.7.18.] The following sections of the IFC are
deleted: Section 105.3, Section 105.5, Section 105.6.2 through 105.6.3, Section
105.6.5, Section 105.6.8 through 105.6.18, Section 105.6.20 through 105.6.22,
and Section 105.6.24. All permits
required through the CID permitting process are strictly within the authority
of CID. The NMFC establishes the state
minimum fire code allowing local jurisdictions and political subdivisions the
ability to enact stricter ordinances provided the state minimum is complied
with by all such jurisdictions. The SFM
requires permits and licenses for fireworks as provided in 10.25.6 NMAC.
E. Certificates of fitness. The SFM requires certificates of fitness for
the installation, inspection, maintenance and repair
of fire protection systems as provided in 10.25.2 NMAC.
F. Section 105.3 Conditions of a Permit. This section is deleted in its entirety. [and
replaced with the following language:
"105.3 conditions of a permit. Such permission, if granted in
Section 105.1.2.2, shall not be construed as authority to violate, cancel or set aside any other provisions of this code or
other applicable regulations or laws of the jurisdiction."]
G. Section [105.4.1] 106.1
Construction documents:
submittals. This section is
deleted in its entirety and replaced with the following language:
(1) One
set of construction documents shall be submitted to the Building Official, SFM
or FM, who is the AHJ for the construction project.
(2) All
construction documents that are submitted to the SFM shall comply with the
plans submittal information provided by the SFM on their respective website and
shall be submitted with the applicant's certificate of fitness number, permit
application and permit number or building official unique identifier and shall
comply with the approval process provided in 10.25.5.16 NMAC and with the CID
regulation on permits, CID rule 14.5.2 NMAC.
H. [Section 106.2.2 Approval
Required. Change the last sentence
to read, "Any portions that do not comply shall be corrected and such
portion shall not be covered or concealed prior to inspection as required by
the fire code official."] Section
107 Fees. This section of the IFC shall not
apply.
I. [Section 108 Board of appeals. This
section is deleted in its entirety and replaced with the following
language: The appeal processes provided
in Sections 59A-52-21 and 59A-52-22 NMSA 1978 shall apply and may be initiated
by filing an appeal as provided in 10.25.1 NMAC.] Section 108.2.2 Approval Required. Change the last sentence to read,
"Any portions that do not comply shall be corrected and such portion shall
not be covered or concealed prior to inspection as required by the fire code
official."
J. [Section
109 Violations. The penalties
listed in section 109.4 of the IFC shall not apply in New Mexico. The penalties authorized in Sections
59A-52-24 and 59A-52-25 NMSA 1978 shall apply.] Section
111 Means of Appeals. This
section is deleted in its entirety and replaced with the following
language: The appeal processes provided
in Sections 59A-52-21 and 59A-52-22 NMSA 1978 shall apply and may be initiated
by filing an appeal as provided in 10.25.1 NMAC.
K. [Section
111 Stop work order. The
penalties listed in section 111.4 of the IFC shall not apply. The penalties authorized in Sections
59A-52-24 and 59A-52-25 NMSA 1978 shall apply.] Section
112 Violations. The penalties
listed in section 109.4 of the IFC shall not apply in New Mexico. The penalties authorized in Sections 59A-52-24
and 59A-52-25 NMSA 1978 shall apply.
L. [Section
113 Fees. This section of the
IFC shall not apply.] Section 113 Stop work order. The penalties listed in section 111.4 of the
IFC shall not apply. The penalties
authorized in Sections 59A-52-24 and 59A-52-25 NMSA 1978 shall apply.
[10.25.5.9 NMAC -
Rp, 10.25.5.9 NMAC, 11/26/2019; A, 11/01/2022]
10.25.5.11 CHAPTER
3 GENERAL REQUIREMENTS:
A. Section 301.1 Scope. This section applies as mandated by the local
AHJ.
B. Section 301.2
Permits. This Section shall apply to
the extent mandated by the local AHJ.
C. Section 304.1.2
Vegetation. This section applies to
the extent mandated by the local AHJ.
D. Section [307,]
307 Open burning, recreational fires and
portable outdoor fireplaces. This
section of the IFC applies only and to the extent mandated by the local AHJ.
E. [Section
308.3 Group A Occupancies Exception #2. Delete the word "international" and
replace with the word "New Mexico".] Section 308.1.6.3 Sky lanterns. Add
“unless approved by the local AHJ” at the end of section.
F. Section 308.3 Group A
Occupancies Exception #2. Delete the word "international" and replace with the word
"New Mexico".
G. Section 319.2 Permit required. This section applies
as mandated by the local AHJ.
[10.25.5.11 NMAC -
Rp, 10.25.5.11 NMAC, 11/26/2019; A, 11/01/2022]
10.25.5.12 CHAPTER
4 EMERGENCY PLANNING AND PREPAREDNESS: [In section 405.5 Record keeping, item number
7 is deleted and replaced with the following language: "Problems encountered and corrective
actions for the problems encountered."]
A. Section 405.3 Frequency. Add Exception: “E”
occupancies shall comply with PED rule 6.29.1.8 NMAC emergency drills and
practiced evacuations.
B. Section 405.6 Record keeping. Item number 7 is deleted and replaced with
the following language: "Problems encountered and corrective actions for
the problems encountered."
[10.25.5.12 NMAC -
Rp, 10.25.5.12 NMAC, 11/26/2019; A, 11/01/2022]
10.25.5.13 CHAPTER
6 BUILDING SERVICES AND SYSTEMS: Amend section [603.9] 605.9
to add "if required by the fire code official" at the end of the
section.
[10.25.5.13
NMAC - Rp, 10.25.5.13 NMAC, 11/26/2019; A, 11/01/2022]
10.25.5.14 CHAPTER
9 FIRE PROTECTION SYSTEMS: Throughout
chapter 9, the following shall apply:
A. Delete the term
"International Mechanical Code" where used in this chapter and
replace with the term "New Mexico Mechanical Code".
B. Delete the term
"International Plumbing Code" where used in this chapter and replace
with the term "New Mexico Plumbing Code".
C. Section 904.12
Commercial cooking systems. The
replacement of commercial cooking equipment, including but not limited to a
stove, hood, deep fryer, grill, griddle, or any other device used in the
cooking process, shall comply with this Section and with the Uniform Mechanical
Code as adopted by reference in CID rule 14.9.2.13 NMAC.
D. Section 905.3.4.1
Hose and Cabinet. Insert the
following sentence at the end of this section, "Unless required by a fire
code official, one and one-half inch hoses and hose cabinets are not required
for class II and class III standpipe systems.
E. Section 903.3.8.5 Calculations. Add “A 10 psi
safety factor shall be added to all hydraulic calculations as mandated by the
AHJ”.
[10.25.5.14 NMAC -
Rp, 10.25.5.13 NMAC, 11/26/2019; A, 11/01/2022]
10.25.5.15 CHAPTER
10 MEANS OF EGRESS: See Section 10 of the NMBC, CID rule 14.7.2
NMAC, and IFC section [1031] 1032, Maintenance of the Means of
Egress.
[10.25.5.15 NMAC -
Rp, 10.25.5.14 NMAC, 11/26/2019; A, 11/01/2022]
10.25.5.18 APPROVAL
OF FIRE PROTECTION SYSTEMS: Prior to beginning construction or occupancy
of any building or structure regulated by the currently adopted New Mexico
Building Codes and the NMFC, the contractor shall apply for a permit and submit
drawings for plan review by the AHJ and approval of the fire protection system
from the SFM or FM, as appropriate, of [a] all fire protection
system for the building or structure.
The review and approval of fire protection systems is in addition to all
review required by CID pursuant to Title 14 of the New Mexico administrative
code.
A. Filing drawings with
the SFM for review.
(1) Documents required. The contractor shall submit one set of
drawings for the building or structure.
Submittals shall be in accordance with "Plans Submittal
Information" obtained via the SFM website and this rule. For convenience, a contractor may submit
additional sets of drawings and an envelope with prepaid postage directly to
the SFM for the SFM's use in returning the drawings after review. Electronic filing of fire protection plans
will be accepted via electronic plans review software that is compatible with
software used by the SFM.
(2) Where to submit. The contractor shall submit drawings of the
fire protection system to the fire code enforcement bureau of the SFM in
compliance with 10.25.1 NMAC or to an AHJ as required by the AHJ. The SFM shall not accept drawings by
facsimile transmission.
(3) Requirements for drawings. The drawings shall clearly indicate fire
protection systems in sufficient detail to establish compliance with applicable
codes and standards and shall include the signature and seal of the licensed
professional engineer in accordance with the New Mexico Engineering and
Surveying Practice Act (found at Chapter 61, Article 23 NMSA 1978) that
prepared the drawings. Drawings submitted
shall comply with plans submittal information provided by the SFM on its
website.
(4) Fees.
The SFM does not require any fees for review of fire protection systems.
B. Third party review. The FM or FM, as appropriate, in their sole
discretion, may require third party review of drawings if specialized expertise
or knowledge is needed, and shall so notify the contractor in writing with a
cost estimate if so determined. If the
contractor agrees to proceed with review, the contractor shall file written approval
by the method provided in 10.25.1.8 NMAC and shall pay directly to the third
party the cost of such review before the SFM or FM, as appropriate, returns the
drawings.
C. Return of drawings. If the SFM or FM, as appropriate, approves
the drawings, the drawings shall be stamped "approved", with the SFM
or FM, as appropriate, retaining one complete set of drawings or
submittals. If the SFM or FM, as
appropriate, rejects the drawings or submittals or does not approve the
drawings, an explanation for the basis for rejection or non approval shall be
given to the contractor. The contractor
shall pick up approved drawings if prior arrangements have not been agreed to
for return by mail.
D. Rejection. The
SFM or FM, as appropriate, may reject fire protection system drawings for the
following reasons:
(1) the
drawings are incomplete;
(2) the
drawings indicate a violation of these rules or applicable codes and standards;
(3) the
submitted drawings are not in accordance with Title 16, Chapter 39 NMAC;
(4) no
certificate of fitness is on file with the SFM;
(5) the
drawings or submittals contain a misrepresentation or inaccuracy;
(6) third
party review of the drawings or submittals reveals a violation of these rules,
applicable codes or standards;
(7) all
SFM or FM requirements have not been included in the submittals; or
(8) any
other valid reason as determined by the SFM.
E. Re-submission. If drawings are rejected, the contractor may correct the deficiencies noted in the
rejection letter. New submittals shall
be submitted by the same process for filing original drawings for review.
F. Construction.
(1) Construction
may commence upon approval of plans and issuance of the proper permits.
(2) After
installation of the fire protection system has been completed, a request for
inspection shall be made to the FM. The
request may be made orally or in writing to the FM or as otherwise required by
the SFM.
G. Inspection and
testing. The SFM or FM, as
appropriate, will inspect the
fire protection system of a building or structure within a reasonable period of time after a request for inspection. The SFM or FM, as appropriate, shall notify
the AHJ of approval or rejection of drawings or of the fire protection system,
and, if applicable, the AHJ may request a letter indicating the system is in compliance with approved plans and applicable codes
and standards. The SFM or FM, as
appropriate, shall not approve
the installation if the inspection indicates:
(1) a
violation of this rule or applicable codes and standards;
(2) the
fire protection system was not installed in compliance with the drawings;
(3) the
fire protection system was not installed by a licensed entity and certified journeyman;
(4) no
valid certificate of fitness is on file with the SFM;
(5) the
final acceptance testing of each fire protection system is not recorded as
complete; or
(6) any
other valid reason as determined by the SFM.
H. Re-inspection. If the FM does not approve the installation
of the fire protection system and the responsible party corrects the
deficiencies noted in the inspection, the responsible party may re-apply for
inspection following the same procedure as for the initial inspection.
[10.25.5.18 NMAC -
Rp, 10.25.5.18 NMAC, 11/26/2019; A, 11/01/2022]
10.25.5.20 CHAPTER 23 MOTOR FUEL-DISPENSING FACILITIES
AND REPAIR GARAGES: Section 2311.2.3 applies as mandated by the
local AHJ.
[10.25.5.20 NMAC –
N, 11/01/2022]