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Apodaca v. AAA Gas Co.3/11/2003
tional Fire Protection Association as a reference, except N.F.P.A. 101 will be adopted as it applies to existing buildings built prior to January 5, 1989. ('74 Code, § 7-27-1A) (Ord. 22-1993).
(emphasis added). We are not aware of any cases that determine whether the Albuquerque Fire Code applies to Plaintiffs as Defendants contend. We, therefore, construe the ordinance as a matter of first impression. The same guides for construction used in interpreting statutes apply to construing an ordinance. Acosta, 2000-NMCA-092, 17. " e must interpret the ordinance to mean what the City intended it to mean and to accomplish the ends sought to be accomplished." Id. The stated purpose of the Albuquerque Fire Code is to impose "minimum standards [to regulate] conditions [that create a risk] to life or property from fire and explosion within the city." Section 14-2-1(A). To accomplish this goal, the city adopted the NFPA 58 as it applies to all "existing buildings." Section 6-6.2.2(a) expressly prohibits the parking of a loaded propane truck in any public garage or building. Section 6-6.2.3(c) expressly prohibits repairing a loaded propane truck indoors.
The plain language of the statute does not exempt repair shops or their employees from the Albuquerque Fire Code, nor does it limit the effect of its reach to persons or businesses in the "propane industry." Rather, the Albuquerque Fire Code applies generally to all existing buildings in Albuquerque. " rdinances enacted under the police power of a municipality for the protection of the public health and safety, . . . should be liberally construed." Srader v. Pecos Constr. Co., 71 N.M. 320, 325, 378 P.2d 364, 367-68 (1963). Reading the statute in light of its intended purpose and as a whole, we find Plaintiffs were subject to the Albuquerque Fire Code, including NFPA 58.
Rules and regulations adopted by city ordinance have the force of law. City of Albuquerque v. Ryon, 106 N.M. 600, 602, 747 P.2d 246, 248 (1987). Having the force of law, municipal rules and regulations impose a standard and a duty to comply with that standard. Noncompliance is not excused by ignorance of the standard, nor is testimony regarding noncompliance inadmissible. Jaramillo, 102 N.M. at 620, 698 P.2d at 893.
There is no dispute that the city adopted NFPA 58 in its Albuquerque Fire Code and there is no challenge to the validity of that ordinance. The ordinance applied to Plaintiffs and their employer Cañada. It imposed standards and a legal duty to comply with the standards on Plaintiffs. The fact that Plaintiffs were not licensed and pleaded ignorance of the rules and regulations does not excuse noncompliance with the standard. This is so, especially in light of the fact that the record shows Cañada was certified by the LP Gas Bureau to work on propane trucks, held itself out as proficient in this line of work, and its mechanics were experienced in the repair of propane trucks.
In light of the foregoing, we hold the jury instruction on Plaintiffs' negligence per se was proper as a matter of law. It follows that the admission of evidence of Plaintiffs' violation was relevant and, if otherwise proper, not error. See Jaramillo, 102 N.M. at 620, 698 P.2d at 893.
III. OSHA Statement
Following the explosion at Cañada on July 29, 1997, Velasquez was admitted to the University of New Mexico Burn Center in Albuquerque. Five hours prior to his discharge on July 31, an OSHA investigator conducted an interview of Velasquez. The interview began at 11:00 a.m., and a one and one-half page statement was prepared by the investigator which Velasquez subsequently signed. A second interview resumed at noon the same day and,
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