Fire Regulations in Albuquerque, NM

If you live in Albuquerque or are thinking about moving there, fire regulations are one of those things you probably won't think about until they affect you directly. Albuquerque has 5 specific rules on the books covering different aspects of fire regulations, and some of them might surprise you.

Outdoor Burning

Albuquerque Fire Code Section 307.1 prohibits open burning, recreational fires, bonfires, rubbish fires and open-burning operations except as allowed by the Albuquerque-Bernalillo County Air Quality Control Board and the Fire Code. Limited dead-and-dry weed removal is allowed without a permit if it meets strict setback, pile-size, wind, and time-of-day conditions.

Key details: Code Section: Albuquerque Fire Code 307.1 / 307.2 Exception 1. Default rule: Open burning prohibited except as allowed. Weed-burn setback: 50 ft from structure/combustibles. Max pile (no permit): 3 ft x 3 ft; larger needs 10-day permit. Burn/No-Burn Hotline: (505) 768-2876.

Open burning that violates Section 307 or is conducted on a no-burn day is a fire-code violation enforced by the Albuquerque Fire Department; the fire code official may order the fire extinguished and impose penalties under Chapter 50 of the Fire Code, in addition to any Air Quality Control Board enforcement.

Compared to other cities, Albuquerque takes a harder line on outdoor burning. The enforcement and penalty structure reflects that.

Fire Pits & Backyard Fires

Recreational fires are allowed without a permit if kept at least 25 feet from structures with fuel no larger than 3 ft x 3 ft, while bonfires require a permit and must stay 50 feet from any structure (Albuquerque Fire Code 307.2 and 307.4.1). All backyard burning is suspended during a declared burn ban.

Key details: Code Section: Albuquerque Fire Code 307.2 / 307.4.1 / 307.6. Recreational-fire setback: 25 ft from structure/combustibles. Bonfire setback: 50 ft (unless in a barbecue pit); permit required. Max recreational fuel: 3 ft diameter x 3 ft high. Burn ban authority: Fire Chief, City Ordinance O-2011-018.

Conducting a recreational fire or bonfire in violation of the setback, attendance or permit requirements, or during a burn ban, is a fire-code violation; the fire code official may order it extinguished and pursue penalties under Chapter 50 of the Fire Code.

Wildfire Zones

The Fire Chief can declare fire bans and staged restrictions across Albuquerque's 28,000-acre wildland-urban interface, the Bosque, open space, and city-owned wildlands, whenever high winds, drought, and low humidity push fire danger up.

Key details: Enabling ordinance: Ord. 18-2011 (ROA Art. 9-19). Coverage area: 28,000 acres, 100+ miles WUI border. Restriction stages: Stage I, II, and III closure. Max penalty: $500 fine, 90 days jail. Enforced by: Fire Chief and Open Space Officers.

Violating a fire ban or restriction is a petty misdemeanor: up to $500 and 90 days in jail, with each day of continued violation charged as a separate offense.

This is one of the stricter rules in Albuquerque's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Smoke Detectors

Albuquerque's Allan Peifer Smoke Detector Ordinance, City Code Sec. 9-13-4, requires every owner or lessor of a leased dwelling unit to install operable smoke detectors before a tenant moves in and to give written notice of the requirement in the lease. Once occupancy starts, the tenant must keep the detector working; the Fire Chief and Housing Code Enforcement issue citations for noncompliance.

Key details: Governing law: Allan Peifer Smoke Detector Ordinance, Ord. 9-1998. Who installs: Property owner or lessor, not the tenant. Who maintains: Tenant/occupant after move-in confirmation. Installation standard: Must meet the Albuquerque Fire Code. Enforcement: Fire Chief and Division of Housing Code Enforcement.

Article 13 carries no dedicated fine schedule, so a citation for failing to install, disclose or maintain a smoke detector falls under the code's general penalty, Sec. 1-1-99: a fine of up to $500, up to 90 days imprisonment, or both, with each day a violation continues counted as a separate offense. The Fire Chief's office and Housing Code Enforcement inspectors issue the citations under Sec. 9-13-6.

Fireworks

Albuquerque bans the aerial devices and ground audible devices it is allowed to prohibit under New Mexico's Fireworks Licensing and Safety Act. Fire Code Section 3309.1 prohibits possession, storage, sale and use of aerial spinners, helicopters, missile- and stick-type rockets, Roman candles, chasers (bottle rockets) and firecrackers citywide.

Key details: Code Section: Albuquerque Fire Code 3309.1. State preemption: NMSA 60-2C-7 (cities may ban only aerial & ground-audible devices). Banned: Rockets, Roman candles, aerial spinners, helicopters, chasers, firecrackers. Penalty: Misdemeanor; up to $500 and/or 90 days (Sec. 3309.6.1). Park/open-space buffer: 200 ft from Open Space/Bosque; no use in city parks.

Per Section 3309.6.1, any individual, firm, partnership or corporation that violates the Fireworks Licensing and Safety Act or this code is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $500 and/or imprisonment for not more than 90 days. Illegal fireworks are subject to seizure as evidence under Sections 3309.6.2 and 3309.6.3. Report illegal fireworks online at cabq.gov or call 505-798-7000 in Bernalillo County.

Compared to other cities, Albuquerque takes a harder line on fireworks. The enforcement and penalty structure reflects that.

The Bottom Line

Albuquerque is tougher than many cities when it comes to fire regulations. Out of the 5 rules covered here, 3 are rated strict. If you are a homeowner, renter, or business owner in Albuquerque, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

This guide is based on Albuquerque's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.