SAN JUAN COUNTY ORDINANCE NO. 6

AMENDING AND RESTATING

THE SAN JUAN COUNTY FIRE CODE

AN ORDINANCE ADOPTING A SAN JUAN COUNTY FIRE CODE; PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSIONS; PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING FOR ENFORCEMENT.

WHEREAS, it is necessary for the public health, safety and welfare that conditions hazardous to life and property from fire or explosion be prevented and controlled, and that fires, explosions, and other hazardous conditions be controlled.

IT IS HEREBY ORDAINED by the Board of County Commissioners of San Juan County, New Mexico:

Section 1. Short Title:

This Ordinance shall be known as the ASan Juan County Fire Code.@

Section 2. Adoption of the International Fire Code:

There is hereby adopted by reference, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, the 2006 Edition of the International Fire Code, including Appendixes D, E, and F, except such portions as are hereinafter deleted, modified or amended by this Ordinance. One copy of the International Fire Code is on file in the San Juan County Fire Chief=s Office. This Ordinance shall apply within the limits of the County of San Juan to the extent of the jurisdiction allowable for County Ordinances .

Section 3. Enforcement:

The International Fire Code shall be enforced by the County Fire Chief.

Section 4. Definitions:

A.                Wherever the word Ajurisdiction@ is used in the International Fire Code, it shall be held to mean the exterior boundaries of the County of San Juan, New Mexico, provided any area in the County of San Juan which is included within the incorporated limits of any municipality shall be excluded and any other part of said County which lies within the exterior boundaries of an Indian Reservation and which, by reason of Federal regulations, statute, court decision, or any state statute, regulation or court decision is deemed to be beyond the jurisdiction of the county, shall also be excluded.

B.                 Wherever the term AFire Code Official@ is used, it shall be held to mean the County Fire Chief or other designated authority charged with the administration and enforcement of the code.

Section 5. Amendments to the International Fire Code:

The International Fire Code is hereby amended and changed in the following

respects:

Chapter 1: AAdministration@:

Section 101.1 [NAME OF JURISDICTION]: is changed to read San Juan County, New Mexico.

Section 108: This section is deleted.

Section 109.3: [SPECIFY OFFENSE]: is changed to read Petty Misdemeanor.

Section 109.3: [AMOUNT]: is changed to read $300.00 (Three Hundred Dollars).

Section 109.3: [NUMBER OF DAYS]: is changed to read 90 Days.

Section 111.4: The first [AMOUNT] is changed to read $0.

Section 111.4: The second [AMOUNT] is changed to read $300.00 (Three Hundred Dollars).

APPENDIX A: Deleted in its entirety.

APPENDIX B: Deleted in its entirety.

APPENDIX C: Deleted in its entirety.

APPENDIX G: Deleted in its entirety.

Section 6. Validity:

The Board of County Commissioners of San Juan County, New Mexico, hereby declares that should any section, paragraph, sentence or word of this Ordinance or of the Code hereby adopted be declared for any reason to be invalid, it is the intent of the Board of County Commissioners that it would have passed all portions of this Ordinance independent of the elimination herefrom of any such portion as may be declared invalid.

Section 7. Date of Effect:

This Ordinance shall take effect and be in force thirty (30) days after its enactment and recording with the County Clerk as provided by law.

Section 8. Repeal of Prior Ordinances:

All previous editions of San Juan County Ordinance No. 6, and their amendments, are repealed as of the effective date of this ordinance provided, however, that such repeal shall not affect any prosecutions then pending or which are later filed for violations occurring before the effective date of this Ordinance.

APPROVED AND ADOPTED THIS 18^TH DAY OF MARCH, 2008.

BOARD OF COUNTY COMMISSIONERS

OF SAN JUAN COUNTY, NEW MEXICO

By: /s/ Tony Atkinson, Chairman

ATTEST:

/s/ Fran J. Hanhardt, County Clerk