§ 12-02-010. Generally—International Fire Code Adopted.

(a)

With the exceptions and amendments set forth below, the City hereby adopts by reference the conditions, provisions, limitations and terms of the International Fire Code, 2003 Edition, published by the International Code Council, including any amendments thereto which are adopted by the State as of the date of or subsequent to the date of this section.

(b)

Amendments. The following provisions are amended:

(1)

Section 103.1 shall be amended to read:

Sec. 103.1 General

The Division of Fire Prevention is established within the jurisdiction under the direction of the Fire Chief. One of the functions of the division shall be the implementation, administration and enforcement of the provisions of this code.

(2)

Section 105.1 shall be amended to read:

Sec. 105.1.

(a)

General fees shall be assessed in accordance with the provision of this section or shall be as set forth in the fee schedule approved by the jurisdiction.

(b)

Permit fees. The fee for each permit shall be as set forth in the current fee schedule approved by the City Commission. The determination of value or valuation under any of the provisions of this code shall be made by the building official. The value to be used in computing the permit fee shall be the total value of all work for which the permit is issued.

(c)

Expiration of permit application. Applications for which no permit is issued within one hundred eighty (180) days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new application fee.

(d)

Fees. Work without a permit. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a permit must be obtained before the work is continued. The permit fee will be twice that set forth in the fee schedule for work covered by the permit. For the second offense in a calendar year the permit fee shall be three times that covered in the fee schedule for work covered by the permit. For the third and subsequent offenses in a calendar year the fee shall be four times that covered in the fee schedule for work covered by the permit. The payment of such fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

(e)

Fees for work performed after hours. Inspections performed outside of normal work hours shall require payment to the City of Alamogordo in the amount of forty dollars ($40.00) per hour or fraction thereof except that such inspections performed Sundays or on official holidays as recognized by the City of Alamogordo shall require payment to the City of Alamogordo in the amount of seventy dollars ($70.00) per hour or fraction thereof. Such inspection service shall be based on staff availability. In case of emergency this fee may be waived at the discretion of the City Manager.

(f)

Appendices. Appendices B, C, D, E, F and G to the International Fire Code, 2003 Edition, are specifically adopted by reference, together with all amendments thereto adopted by the State as of or subsequent to the date of this section.

(g)

Appeals. Appeals from orders, decisions or determinations of the building official relative to the application and interpretation of this code shall be submitted to the code writing authority for official interpretation. The official interpretation shall constitute the final decision on any appeal. The "code writing authority" is hereby defined as the entity responsible for the publication of the code for which the interpretation is to be made.

(Ord. No. 648-82, § 1, 9-14-82; Ord. No. 704, 12-3-85; Ord. No. 750, § 7, 4-11-89; Ord. No. 837, § 1, 10-22-91; Ord. No. 1035, § 7, 5-26-98; Ord. No. 1114, § 22, 3-27-01; Ord. No. 1176, § 2, 4-13-04; Ord. No. 1563 , 4-24-18)