CHAPTER 93
FIRE CODE AND BURNING REGULATIONS
Section
93.02 Intention and administration
93.03 Adoption of the fire code
93.04 Authorized burning without a permit
93.01 TITLE.
This chapter shall be known and cited as the “Fire Code and Burning Regulations Chapter.”
(Ord. 23-04)
93.02 INTENTION AND ADMINISTRATION.
It is the intention of the Governing Body to regulate activities which pose a threat to the health, safety and welfare of city residents. Further, the Governing Body intends to provide for fire prevention and public safety by regulating the burning of materials within the municipal limits. The Rio Rancho City Manager, or their designee, shall be responsible for the administration of the provisions of this chapter.
(Ord. 23-04)
93.03 ADOPTION OF THE FIRE CODE.
For the purpose of regulation of fire hazards and control of fires and fire prevention, the minimum Fire Codes for the State of New Mexico, as identified in 10.25.1 through 10.25.12 NMAC, including any and all future amendments, replacement sections and additional provisions thereof, are adopted. The minimum Fire Codes for the State of New Mexico shall be controlling within the city to the same extent as if such provisions were set out in full in this chapter.
(Ord. 23-04)
93.04 AUTHORIZED BURNING WITHOUT A PERMIT.
(A) Permanently installed outdoor fireplaces, portable fireplaces, portable chimeneas, fully contained small outdoor wood fires used for warming purposes at construction sites, barbeque pits, and barbeque grills may operate without a permit at any time.
(B) The burning of dead and dry weeds and hot torch weed control on private residential, commercial or industrial property may occur without a permit when performed in strict compliance with all of the following requirements:
(1) Rio Rancho Fire and Rescue has declared a “burn day” and authorized burning prior to the start of a burn; and
(2) Rio Rancho Fire and Rescue has declared a “burn day” and authorized burning at all times during the burn; and
(3) The burn is conducted between the hours of 8:00 a.m. and 4:00 p.m.; and
(4) The pile of dead and dry weeds to be burnt is less than three feet wide, three feet long, and three feet in height; and
(5) All burning is conducted at least 25 feet away from all structures and combustible material; and
(6) Appropriate fire extinguishment equipment is located on site and near the burn area; and
(7) All embers that may cause a fire to spread are contained within the burn area; and
(8) No hazardous conditions are created on a public road or landing strip due to smoke emitting from the burn; and
(9) All smoke from the burn is completely dissipated by 4:30 p.m. on the day of the burn.
(Ord. 23-04)
93.05 BURNING PERMIT REQUIRED.
All burn activity not specifically authorized by, or performed in compliance with, Section 93.04 requires a special event permit issued by the City of Rio Rancho’s Development Services Department. The permit must be obtained prior to any burning activity.
(Ord. 23-04)
93.06 PROHIBITED BURNING.
(A) It is unlawful to conduct any burn activity requiring a special event permit without a valid permit.
(B) It is unlawful to burn leaves, green weeds, nuisance vegetation, or garbage within the city limits.
(Ord. 23-04)
93.07 PENALTY.
Any person violating the provisions of this chapter or the Fire Code shall be subject to the penalties prescribed in Section 10.99.
(Ord. 23-04)