2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 18 - Powers of Municipalities
Section 3-18-11 - Fire prevention and protection; insurance for volunteer firemen.

A. A municipality may by ordinance:

(1) adopt regulations for the prevention of fire;

(2) regulate and prevent the carrying on of manufactories dangerous in causing and promoting fires;

(3) prohibit the deposit of ashes in unsafe places;

(4) cause any building or enclosure which is in a flammable state to be placed in a safe condition;

(5) regulate and prevent the storage and transportation of any combustible or explosive material; and

(6) regulate and prevent the use of illuminating flames and the building of bonfires.

B. A municipality may:

(1) provide proper means for protection from fire;

(2) erect fire stations and provide facilities and implements for the extinguishment of fires; and

(3) provide for the use and management of fire stations, facilities and implements for extinguishing fires by a volunteer fire department, paid fire department or partially paid and volunteer fire department.

C. A municipality having an organized volunteer fire department may purchase with money from the fire fund an accident policy from any insurance company authorized to do business in New Mexico. The accident policy shall provide for the payment to any volunteer fireman a suitable sum for injuries and a gross sum of not less than two thousand dollars ($2,000) for death caused in the course of his duties as a volunteer fireman.

History: 1953 Comp., § 14-17-9, enacted by Laws 1965, ch. 300; 1989, ch. 346, § 12.

Cross references. — For adoption of fire prevention code by reference in ordinance, see 3-17-6 NMSA 1978.

For removal of dangerous buildings or debris, see 3-18-5 NMSA 1978.

For fire zones, see 3-18-6 NMSA 1978.

For adoption of flammable liquids regulations by state fire board, see 59A-52-16 NMSA 1978 et seq.

For use of fire protection fund in operation of local fire departments, see 59A-53-1 to 59A-53-17 NMSA 1978.

The 1989 amendment, effective February 1, 1990, deleted former Subsection A(7), which read "regulate and prohibit the use of fireworks, firecrackers, torpedoes, roman candles, skyrockets and other pyrotechnic displays" and made related stylistic changes.

Extent of insurance. — City or town has discretion of determining the injuries and hazards for which insurance is carried as well as the amount of the coverage, when insurance is taken out under this section. Boyd v. Village of Wagon Mound, 1942-NMSC-032, 46 N.M. 262, 127 P.2d 242.

This provision is permissive rather than mandatory. Boyd v. Village of Wagon Mound, 1942-NMSC-032, 46 N.M. 262, 127 P.2d 242.

Fire limit ordinance will not be deemed unreasonable merely because its effect is to permit the restraint or abatement as a public nuisance of something which would not be a nuisance per se. Town of Gallup v. Constant, 1932-NMSC-036, 36 N.M. 211, 11 P.2d 962.

Privately owned vehicles, used by members of a volunteer fire department in carrying out their duties in connection with such a fire department, may properly be defined as "fire department vehicles." 1969 Op. Att'y Gen. No. 69-71.

Medical bills not covered by insurance. — Where a volunteer fireman is injured in the line of duty, the town of Grants may not pay medical bills not fully covered by provided insurance. 1957 Op. Att'y Gen. No. 57-213.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 452.

Automatic sprinklers, validity and construction of requirement of, 6 A.L.R. 1591.

Fire department as pertaining to governmental or proprietary branch of municipality, 9 A.L.R. 143, 33 A.L.R. 688, 84 A.L.R. 514.

Regulation of removal of ashes or other rubbish, 15 A.L.R. 309.

Right of water district or company to charge for fire service, 37 A.L.R. 1511.

Validity and construction of statute or ordinance requiring installation of automatic sprinklers, 63 A.L.R.5th 517.

Lease of property as affecting owner's liability for failure to provide fire escapes as required by law, 77 A.L.R. 1273.

Hydrant, liability of municipality for damage to person or property due to, 113 A.L.R. 661.

Contract for pension as insurance, 119 A.L.R. 1243.

Fires, use beyond municipal limits of municipal equipment for extinguishment, 122 A.L.R. 1158.

Use beyond municipal limits, of municipal equipment for extinguishment of fire, liability for injury to fireman, 122 A.L.R. 1159.

Closing of place of amusement or other place of public assembly because of fire hazard, power to require, 140 A.L.R. 1048.

Rubbish, liability of municipality for injury by fire in disposal of, as affected by governmental or private nature of function, 156 A.L.R. 734.

Fire loss due to failure of municipality to provide or maintain adequate water supply or pressure, liability of municipality for, 163 A.L.R. 348.

Hotels involved in statutes respecting fire escapes or other provisions for safety, comfort or convenience of guests, validity of classification of, 172 A.L.R. 203.

Municipality's liability for injury or damage from explosion or burning of substance stored by third person under municipal permit, 17 A.L.R.2d 683.

Liability for property damage by concussion from blasting, 20 A.L.R.2d 1372.

Oil and gas tanks, pipes and pipelines, and apparatus and accessories thereof as constituting attractive nuisance, 23 A.L.R.2d 1157.

Validity and application of statutes imposing on owner or occupant liability for expense of fighting fire starting on his land or property, 90 A.L.R.2d 873.

Municipal liability for negligent fire inspection and subsequent enforcement, 69 A.L.R.4th 739.

Validity under federal constitution of regulations, rules, or statutes requiring random or mass drug testing of public employees or persons whose employment is regulated by state, local, or federal government, 86 A.L.R. Fed. 420.

62 C.J.S. Municipal Corporations §§ 573 to 590, 592, 593.