TITLE 14             HOUSING AND CONSTRUCTION

CHAPTER 5       CONSTRUCTION INDUSTRIES GENERAL PROVISIONS

PART 2                PERMITS

 

14.5.2.1                 ISSUING AGENCY:  The Construction Industries Division (CID) of the Regulation and Licensing Department.

[14.5.2.1 NMAC - Rp, 14.5.2.1 NMAC, 3/10/2022]

 

14.5.2.2                 SCOPE:  This rule applies to all work performed in New Mexico that is subject to the jurisdiction of CID for which permits are required.

[14.5.2.2 NMAC - Rp, 14.5.2.2 NMAC, 3/10/2022]

 

14.5.2.3                 STATUTORY AUTHORITY:  Sections 60-13-9, 60-13-10.3, 60-13-45, 60-13-46 and 60-13-47 NMSA 1978.

[14.5.2.3 NMAC - Rp, 14.5.2.3 NMAC, 3/10/2022]

 

14.5.2.4                 DURATION:  Permanent.

[14.5.2.4 NMAC - Rp, 14.5.2.4 NMAC, 3/10/2022]

 

14.5.2.5                 EFFECTIVE DATE:  March 10, 2022, unless a later date is cited at the end of a section. From the date of publication of this rule in the New Mexico register, until 12/14/2023 permits may be issued under either the previously adopted rule or this rule.  After 12/14/2303, permits may be issued only under this rule.

[14.5.2.5 NMAC – Rp, 14.5.2.5 NMAC, 3/10/2022; A, 7/14/2023]

 

14.5.2.6                 OBJECTIVE:  The purpose of this rule is to set forth standards and requirements governing permitting of construction work in New Mexico as the statewide minimum standard.

[14.5.2.6 NMAC - Rp, 14.5.2.6 NMAC, 3/10/2022]

 

14.5.2.7                 DEFINITIONS: See 14.5.1.7 NMAC for definitions.

[14.5.2.7 NMAC - Rp, 14.5.2.7 NMAC, 3/10/2022]

 

14.5.2.8                 PERMITS REQUIRED:

                A.            Permits required.  Subject to the Construction Industries Licensing Act  “CILA”, Sections 60-13-3 and Section 60-13-45 NMSA 1978, and its rules, no building or structure shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished, no electrical wiring, plumbing or mechanical work or LP gas work as defined and described in the applicable New Mexico construction codes for those trades, may be installed, repaired, altered or maintained in or on such building or structure, unless the applicable permit has first been obtained from the appropriate AHJ, unless otherwise provided by statutes or rule. All re-roofs and applications of roof coatings require a building permit and inspections.

                B.            Eligibility.  A person who is not appropriately, validly, and currently licensed by the division is not eligible to apply for or be issued a permit. Provided however, a homeowner’s permit may be issued to a residential property owner subject to the limitations of 14.5.2.18 NMAC and an annual permit is provided as noted in 14.5.2.19 NMAC.

                C.            Application.  In order to obtain a permit, the applicant must complete and submit an application on an AHJ approved form for the type of permit sought.

                D.            Separate Permit Types.

                                (1)           Separate permits are required for general building, electrical, mechanical/plumbing, and for liquefied petroleum gas (“LPG”) work, 19.15.40 NMAC.

                                (2)           Permits for temporary structures or temporary uses of structures, or for temporary electric poles or electrical service, may be issued pursuant to Subsection K of 14.5.2.10 NMAC and 14.5.2.17 NMAC.

                E.            Roofing.

                                (1)           All new roof installations and re-roofs require building permits and inspections.

                                (2)           All applications of roof coating systems require building permits and inspections.

                                (3)           Inspections must include, at a minimum, decking inspection upon removal of existing roof and the roof system or application of roof coating systems as a final inspection upon completion of roofing project.

                F.            Solar PV systems.

                                (1)           Persons bidding or contracting for the installation of a solar PV electric system must possess a valid license issued by the division with the EE-98, EL-1 or ER-1 license classification, as applicable, pursuant to Paragraph (1) of Subsection B of 14.6.6.8 NMAC and Subsection B of 14.6.6.10 NMAC; the GB-98 license classification is authorized if Paragraph (2) of Subsection B of 14.6.6.8 NMAC applies. If structural modifications are required, a GB-02 license classification is allowed for residential construction and otherwise a GB-98 license classification is mandated. CID license classifications can be found in 14.6.6 NMAC.

                                (2)           Submittal documents shall be prepared and submitted to the appropriate electrical AHJ for review and approval pursuant to Subsection K of 14.5.2.10 NMAC. The submittal documents shall consist of, at a minimum, the following documentation and upon approval an electrical permit shall be issued to a New Mexico electrical contractor properly licensed for the specific solar PV installation;

                                                (a)           Site plan indicating electrical equipment location.

                                                (b)           PV solar panel layout and arrangement.

                                                (c)           One line diagram identifying all components of the PV solar system and electrical equipment with documentation classifying the listing for each component.

                                                (d)           One line diagram identifying all conductors and conductor sizes.

                                                (e)           Documentation identifying listing of solar mounting system.

                                                (f)            If utility interactive, location and type of connection to other power sources.

                                                (g)           If roof mounted, calculated added loads of solar equipment and mounting systems as noted in Paragraph (5) of Subsection F of 14.5.2.8 NMAC.

                                                (h)           System Calculations.

                                                (i)            Location and type of grounding system or connection to existing grounding system

                                (3)           Persons performing the installation of a solar PV electrical system, or related work, must possess a valid journeyman certificate issued by CID with an EE-98J, EL-1J or ER-1J classification, as applicable, or be an apprentice working under the direct supervision of a certified journeyman pursuant to 14.6.6.10 NMAC.

                                (4)           Nothing in this section shall be construed to prohibit a properly licensed person from performing work on the solar PV system’s support structures, racking and mounting of panels as long as it is within the scope of the license classification and upholds the manufacturers’ original listing and labeling.

                                (5)           Structural analysis must be performed by a professional engineer licensed in New Mexico to determine if the roof structure is capable of supporting the added loads of a solar PV electric system when any of the following occur.

                                                (a)           The total added dead load of the array is greater than five pounds per square foot on the roof.

                                                (b)           The total added point load of the array is greater than 45 pounds on the roof.

                                                (c)           The total added dead load exceeds 200 pounds on a single truss, rafter or roof joist.

                                                (d)           The mounting of the system is of a unique roof mounted design.

                                                (e)           The roof structure contains over-spanned trusses, rafters or roof joists.

                                (6)           In addition to the required electrical permit for the mounting of the solar PV system on the roof a general construction building permit shall be required if:

                                                (a)           structural reinforcement of an existing roof is necessary as determined by a New Mexico licensed structural engineer or;

                                                (b)           a new structure is not listed and approved to support a PV Solar System.

                                (7)           If structural modifications are required, or a new structure will be constructed that is not listed and approved to support a PV solar system, engineered details shall be provided. Structural documents must be sealed by a structural engineer licensed in New Mexico. The required modifications to the structure shall be performed by a validly licensed GS-13, GB-2 or GB-98, as applicable. Reinforcement of the structure will require building permits and inspections conducted by a certified building inspector.

                G.            Wind turbine systems.

                                (1)           Persons bidding or contracting for the installation of a wind turbine system shall possess a valid license issued by CID with the EE-98, EL-1 or ER-1 license classification, as applicable, pursuant to Paragraph (1) of Subsection B of 14.6.6.8 NMAC, and Subsection B of 14.6.6.10 NMAC; the GB-98 license classification is authorized if Paragraph (2) of Subsection B of 14.6.6.8 NMAC applies.  If structural modifications are required, a GB-02 license classification is allowed for residential construction and otherwise a GB-98 license classification is mandated. CID license classifications can be found in 14.6.6 NMAC.

                                (2)           Submittal documents shall be prepared and submitted to the appropriate electrical AHJ for review and approval pursuant to Subsection K of 14.5.2.10 NMAC. The submittal documents shall consist of, at a minimum, the following minimum documentation and, upon approval, an electrical permit shall be issued to a New Mexico electrical contractors properly licensed for the specific wind turbine installation;

                                                (a)           Site plan indicating electrical equipment location

                                                (b)           Site Plan indicating any distribution

                                                (c)           One line diagram identifying all components of the wind turbine system and electrical equipment with documentation classifying the listing for each component.

                                                (d)           One line diagram identifying all conductors and conductor sizes.

                                                (e)           Documentation identifying listing of wind turbine mounting systems

                                                (f)            If utility interactive, location and type of connection to other power sources.

                                                (g)           If roof mounted, calculated added loads of wind turbine equipment and mounting systems as noted in Subparagraph (a) of Paragraph (3) of Subsection G of 14.5.2.8 NMAC.

                                                (h)           System Calculations

                                                (i)            Location and type of grounding system or connection to existing grounding system.

                                (3)           Persons performing the installation of wind turbine electrical systems shall possess a valid journeyman certificate issued by CID for the EE-98J, EL-1J or ER-1J classification, as applicable, or shall be an apprentice working under the direct supervision of a certified journeyman pursuant to Subsection A of 14.6.6.10 NMAC.

                                (4)           Building mounted wind turbine systems

                                                (a)           Structural analysis must be performed by a professional engineer licensed in New Mexico to determine if the roof structure is capable of supporting the added loads of a wind turbine if:

                                                                (i)            the total added dead load of the turbine is greater than five pounds per square foot on the roof.

                                                                (ii)           the total added point load of the turbine is greater than 45 pounds on the roof.

                                                                (iii)         the total added dead load exceeds 200 pounds on any single truss, rafter or roof joist.

                                                                (iv)          the mounting of the system is of a unique roof mounted design.

                                                                (v)           the roof structure contains over-spanned trusses, rafters or roof joists.

                                                (b)           A general construction building permit for the mounting of the wind turbine system on the roof will be required if structural reinforcement is necessary as determined by a structural engineer licensed in the state of New Mexico

                                                (c)           If structural modifications are required, engineered details shall be provided. Structural documents must be sealed by a professional engineer licensed in New Mexico. The required modifications to the structure shall be performed by a validly certified GS-13, GB-2 or GB-98, as applicable. Reinforcement of the structure will require building permits to be obtained and inspections conducted by a certified building inspector.

                H.            Baby changing facilities[.] 

                                (1)           Pursuant to CILA and 14.7.2.45 NMAC, new restrooms, which shall accommodate any person needing to utilize a baby changing facility, shall be provided in a place of public accommodation except in:

                                                (a)           a new restroom located in a place of public accommodation that is not available or accessible for public use.

                                                (b)           a new restroom, in a place of public accommodation, providing appropriate signage as to the location of a baby changing facility on the same floor, which shall accommodate any person needing to utilize such facility.

                                                (c)           a new restroom constructed in an existing building if it is technically infeasible to provide a baby changing table, due to existing building code, health or safety requirements, including Americans with Disabilities Act requirements;

                                (2)           Baby changing facilities in new restrooms subject to this rule, shall not require a separate permit however shall be included in all drawings, specifications and other documents submitted to an AHJ for plan review and approval pursuant to Subsection A of 14.5.2.10 NMAC and Subsection A of 14.5.2.11 NMAC and inspections pursuant to Subsection A of 14.5.3.8 NMAC.

                                                (a)           Submittal documents shall not be approved if said documents do not fully comply with the requirements of this part and 14.7.2.45 NMAC.

                                                (b)           A C/O shall not be issued for new construction that fails to be in compliance with all requirements of this part.

                                                (c)           a final inspection shall not be issued for a remodel that fails to be in compliance with all requirements of this part.

                I.             Previously permitted work; previously submitted plans.

                                (1)           All work for which a permit has lawfully been issued prior to the effective date of this rule, which permit has not expired, been deactivated, revoked or suspended by the AHJ pursuant to this part, may proceed as permitted; the rules, codes and standards in effect at the time the permit was issued shall be the rules, codes and standards governing the work and its inspections.

                                (2)           All work for which plans have been submitted and received by the AHJ shall be permitted and inspected pursuant to the rules in effect at the time the plans were received.

[14.5.2.8 NMAC - Rp, 14.5.2.8 NMAC, 3/10/2022]

 

14.5.2.9                 EXCEPTIONS TO REQUIREMENT FOR PERMITS: Permits shall not be required for the following:

                A.            Commercial.

                                (1)           One-story detached accessory structures not used for habitation and used as tool or

storage sheds, playhouses or similar uses, provided the floor area does not exceed 120 square feet (11.15.m2).

                                (2)           Oil derricks.

                                (3)           Retaining walls that retain less than 36 inches (915 mm) of unbalanced fill, and have a total height equal to or less than six feet from top of wall to bottom of footing. Retaining walls supporting a surcharge load or impounding class I, II, or III-A liquids are not exempt from permit.

                                (4)           Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927L) and the ratio of height to diameter or width does not exceed two to one.

                                (5)           Sidewalks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below and which are not part of an accessible route.

                                (6)           Temporary motion picture, television and theater stage sets and scenery.

                                (7)           Prefabricated swimming pools accessory to a group R-3 occupancy, as applicable in the NMRBC, that are installed entirely above ground with no permanent connections to water or power.

                                (8)           Shade cloth structures constructed for nursery or agricultural purposes that do not include services systems.

                                (9)           Swings and other playground equipment accessory to one-and two-family dwellings.

                                (10)         Window awnings supported by an exterior wall of group R-3, as applicable in the NMRBC, and group U occupancies.

                                (11)         Partitions not over five feet nine inches (1,753mm) in height.

                B.            Residential: See section R105 of the IRC except as provided below:

                                (1)           Section 105.2 (1) - One-story detached accessory structures provided that the floor area does not exceed 120 square feet (18.58 m2).

                                (2)           Section R105.2 (2) - Delete this section of the IRC.

                                (3)           Section R105.2 (3) - Retaining walls that retain less than 36 inches (915mm) of unbalanced fill, and have a total height equal to or less than six feet from top of wall to bottom of footing.  Retaining walls supporting a surcharge load or impounding class I, II, or III-A liquids are not exempt from permit.

                                (4)           Section R105.2 (4) - See this section of the IRC.

                                (5)           Section R105.2 (5) - Delete this section of the IRC.

                                (6)           Section R105.2 (6) - Delete this section of the IRC.

                                (7)           Section R105.2 (7) - See this section of the IRC.

                                (8)           Section R105.2 (8) - See this section of the IRC.

                                (9)           Section R105.2 (9) - See this section of the IRC.

                                (10)         Section R105.2 (10) - See this section of the IRC

                C.            Mechanical work.  Refer to 14.9.2 NMAC.

                D.            Plumbing work.  Refer to 14.8.2 NMAC.

                E.            Electrical work.  No exceptions other than those set forth in CILA Section 60-13-45.

[14.5.2.9 NMAC - Rp, 14.5.2.9 NMAC, 3/10/2022; A, 7/14/2023]

 

14.5.2.10               SUBMITTAL DOCUMENTS:

                A.            Submittal documents.

                                (1)           With each application for a permit, two sets of the following documents (collectively, submittal documents) must be submitted:

                                                (a)           type, occupancy including occupant load and kind of structure;

                                                (b)           plans;

                                                (c)           specifications;

                                                (d)           engineering calculations;

                                                (e)           diagrams;

                                                (f)            soil investigation reports;

                                                (g)           exterior wall envelope; submittal documents for all buildings shall describe the exterior wall envelope in sufficient detail to enable the plan review to determine compliance with the NMCBC the NMRBC and NMECC; the submittal documents shall show the exterior wall envelope in detail as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves, or parapets, means of drainage, water-resistive membrane, and details around openings; roofing systems and manufacturers specifications are required to be submitted;

                                                (h)           mechanical design criteria for all buildings must be included with the submittal documents;

                                                (i)            any other data or document required by the AHJ’s plan review official;

                                                (j)            public buildings under the authority of the construction industries division shall have a structural engineer/architect determine the floodplain elevation, and the applicant shall ensure that all work is performed in compliance with floodplain requirements under the New Mexico Commercial Building Code (“NMCBC”).  The construction industries division shall then pre-determine the design flood elevation verified by the New Mexico structural engineer/architect, prior to plan submittal to the division; and

                                                (k)           In riverine flood hazard areas where design flood elevations are identified but floodways have not been designated, the applicant shall demonstrate, to CID, that the effect of the proposed buildings and structures on design flood elevations, including fill, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the design flood elevation more than one foot at any point within the jurisdiction.  If it is determined that the construction is within a floodplain, the work shall comply with NMCBC.

                                (2)           For construction subject to the NMCBC, see Sections 107.1 and 107.2 of the IBC for other requirements regarding submittal documents, including form, means of egress, and site plans. See Subsection H of 14.5.2.8 NMAC and 14.7.2.45 NMAC for requirements for baby changing facilities.

                                (3)           For construction subject to NMRBC, see Sections 106.1.1, 106.1.2, 106.1.3 and 106.2 of the IRC for other requirements regarding submittal documents, including form, manufacturer’s installation instructions, construction in floodplain areas, and site plans.

                                (4)           Upon approval, one set of the submittal documents shall be retained by the division during construction and one set shall be returned to the permittee, which shall be available at the work site, and available for inspection by the AHJ or inspector during the performance of the permitted work.

                                (5)           Submissions may be required of any specifications, drawings or diagrams necessary to show clearly the kind and extent of building construction work.

                B.            Professional seals requirements:  An architect or engineer stamp is required for all uses listed in table 1004.5.2 of the IBC or when deemed relevant and required at the discretion of the AHJ pursuant to Subsection I of 14.5.2.10 NMAC.

                C.            Exceptions:  The requirement for plans and specifications to be prepared by an architect or engineer shall not be required, in any of the following instances unless, in the discretion of the TBC or CBO, such an exception is not in the best interests of public safety or health. These exceptions are authorized pursuant to The Architectural Act, Section 61-15-9 NMSA 1978, and the Engineers & Surveyors Practice Act, § 61-23-22 NMSA 1978 and Subsection C of 16.39.4.8 NMAC.

                                (1)           Single-family dwellings, not more than two stories in height.

                                (2)           Multiple dwellings not more than two stories in height and containing not more than four dwelling units constructed of materials approved for use pursuant to the NMRBC, and provided this exception is not construed to allow a person who is not a properly licensed architect to design multiple clusters of up to four dwelling units each where the total exceeds four dwelling units on each lawfully divided lot.

                                (3)           Garages or other structures not more than two stories in height which are appurtenant to buildings described in Paragraphs (1) and (2) of this subsection.

                                (4)           Group A, B, E divisions 1 and 2, F, M, S, U buildings or additions having a total occupant load of 10 or less and not more than two stories in height.

                                (5)           Alteration to buildings or structures that present no unusual conditions or hazards or change in occupancy.

                D.            Submission may be waived.  The CBO or TBC may waive the submission of plans, calculations, construction inspection requirements and other data if it is determined that the nature of the work applied for is such that plan review is not necessary to obtain compliance with the New Mexico construction codes.

                E.            Deferred submittals.  For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted with the application for the permit, and that are to be submitted, thereafter, within a period specified by the AHJ or the plan review official.

                F.            Approval and phased approval.

                                (1)           Approval.  Deferral of any submittal items must have the prior approval of the TBC or CBO. The responsible design professional shall list which submittals are deferred with the submittal documents accompanying the permit application. Submittal documents for deferred submittal items must be submitted to the responsible design professional who shall review and forward them to the AHJ with a notation indicating the deferred submittal documents have been reviewed and they have been found to be in general conformance with the design of the building. The items identified in the deferred submittals shall not be installed until the TBC or CBO has approved their design and submittal documents.

                                (2)           Phased approval.  All submittal documents need not be submitted with the initial application for a permit.

                G.            Responsible design professional.  When submittal documents are required to be prepared by a registered design professional, the permit application shall indicate the registered design professional responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. This design professional shall be deemed to be the “responsible design professional.” The permittee shall notify the division in writing within a reasonable period of time, not to exceed 10 business days, if the responsible design professional is changed or is unable to continue to perform all of the responsible design professional’s required duties.

                H.            Special submissions.  The AHJ or plan review official is authorized to require, before and after the commencement of a project, the submission of any specification, drawing or diagram necessary to adequately and clearly show the kind, extent, and occupancy of the general building, mechanical or plumbing, and electrical work on the project covered by the issued permits, or that is required to be permitted pursuant to CID rules.

                I.             Correction of submittal documents.  The issuance of a permit based on certain plans and specifications shall not prevent the AHJ from thereafter requiring the correction of any error in such plans or specifications, or from prohibiting work pursuant to those plans or specifications when a violation of the applicable code would result.

                J.             Electrical projects.

                                (1)           Submittal documents shall be submitted and sealed by an engineer with a specialty in electrical work, licensed in accordance with the New Mexico Engineering and Surveying Practice Act for an electrical installation when;

                                                (a)           there is a calculated service capacity over 100 kVA single-phase;

                                                (b)           there is a calculated service capacity over 225 kVA three- phase;

                                                (c)           electrical wiring for new or altered branch circuits or feeders with over-current protection devices exceeding 400 amps single-phase;

                                                (d)           electrical wiring for new or altered branch circuits or feeders with over-current protection devices exceeding 600 amps on 120/208 volt three-phase systems;

                                                (e)           electrical wiring for new or altered branch circuits or feeders with over-current protection devices exceeding 500 amps on 120/240 volt three-phase systems;

                                                (f)            electrical wiring for new or altered branch circuits or feeders with over-current protection devices over 300 amps on 480 volt three-phase systems;

                                                (g)           a project with a total valuation over $600,000; or

                                                (h)           a structure in which the total occupancy of 50 or more;

                                (2)           The following shall not require submittal documents to be sealed by an engineer with a specialty in electrical work:

                                                (a)           Electrical wiring at remote locations with the approval of the appropriate AHJ.

                                                (b)           electrical installations under the following criteria may be sealed by an validly licensed engineer or architect to include:

                                                                (i)            a calculated service capacity under 100 kVA single-phase;

                                                                (ii)           a calculated service capacity under 225 kVA three-phase;

                                                                (iii)         a project valued under $600,000; or

                                                                (iv)          a structure in which the total occupancy is less than 50.

                                (3)           Any commercial project that requires an architect or engineer seal pursuant to this part shall be submitted to the appropriate electrical AHJ for review and approval.

                                (4)           Submittal documents shall show the electrical riser, conductor size, grounding conductor size, method of grounding (available electrodes, etc.), load calculations, available fault calculations, size and location of disconnects, panel schedules, wiring methods, site and floor plan. General expressions such as “work shall be done in accordance with the New Mexico Electrical Code” or “work shall be done to the satisfaction of the state building official” shall be considered inadequate, and incomplete.

                                (5)           No permit for electrical work shall be issued for the addition to, or alteration of, wiring of an existing building unless the building as it will be wired conforms to the requirements of the code for new buildings, except that those portions of the existing wiring that have not been disturbed and are deemed not a hazard to life or property by the inspector, and approved by the CBO or TBC, may remain in service.

                                (6)           No permit for a permanent electrical service shall be issued unless the end use of the service is specified by the appropriate valid permit.

                                (7)           A permit may be issued for a temporary construction electrical service (temp pole) or permanent electrical services for a project site if the permanent permit, as required by 14.5.2.8 NMAC, has not yet been issued and the electrical service is in compliance with the electrical code and these rules, including but not limited to 14.5.2.17 NMAC, and all required documents are completed and submitted to the AHJ.

                K.            Mechanical projects.

                                (1)           The AHJ may require the stamp of a professional engineer, licensed in accordance with the New Mexico Engineering and Surveying Practice Act on permits for mechanical or plumbing work with a total value of $200,000.00, or more, or for commercial buildings three stories and higher.

                                (2)           For plans of buildings more than two stories in height, other than R-3 and U occupancies, see the construction documents section of the currently adopted NMMC.

                L.            Permit contents and display.  Pursuant to CILA Section 60-13-59 NMSA 1978, every permit or notice of permit issued by the AHJ shall:

                                (1)           clearly indicate the name and address of the property owner;

                                (2)           contain a legal description of the property by “lot and block” or “meters and bounds” description in a subdivision, by street address in a municipality, or by township, range and section if outside a municipality or platted subdivision;

                                (3)           contain the name, address and license number of the contractor or the homeowner to whom the permit is issued, and the name of the architect or engineer as may be required by the AHJ ; and

                                (4)           must be prominently displayed on the site where the permitted work is to be performed.

                M.           Preliminary inspection.  As part of the document review process, before issuing a building permit, the AHJ is authorized to examine or cause to be examined buildings, structures and sites for which an application for a building permit has been filed.

[14.5.2.10 NMAC - Rp, 14.5.2.10 NMAC, 3/10/2022]

 

14.5.2.11               ISSUANCE:

                A.            Plan review.  If the submittal documents do not comply with construction codes 14.5.7 through 14.5.10 NMAC, the AHJ shall reject them and shall communicate the reasons for rejection to the applicant in writing. If the submittal documents meet the applicable codes and rules, the submittal documents shall be approved and the AHJ shall issue a permit to the applicant after payment in full of the applicable permit fees, as set forth in 14.5.5 NMAC or as required by the AHJ.

                B.            Authorization to change.  No change or modification may be made to the approved submittal documents for which a permit has been issued without the express, written authorization of the AHJ. All work authorized by a permit must be performed in accordance with the approved submittal documents for which the permit was issued. Changes in the work, occupancy type, occupant load or kind of structure authorized by a permit must be reflected in an amended set of submittal documents, which must be resubmitted for approval by the AHJ.

[14.5.2.11 NMAC - Rp, 14.5.2.11 NMAC, 3/10/2022]

 

14.5.2.12               VALIDITY OF PERMIT:  The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of the New Mexico construction codes or any other applicable law or rule.  Permits presuming to give authority to violate or cancel the provisions of the New Mexico construction codes or any other applicable law or rule shall not be valid.  The issuance of a permit based on construction documents and other data shall not prevent the AHJ from requiring the correction of errors in the construction documents and other data.

[14.5.2.12 NMAC - Rp, 14.5.2.12 NMAC, 3/10/2022]

 

14.5.2.13               SUSPENSION, CANCELLATION, OR REVOCATION OF PERMIT:

                A.            The TBC or CBO is authorized to suspend, cancel or revoke a permit issued pursuant to the code for which the official has responsibility for the following causes:

                                (1)           whenever the permit is issued in error, or on the basis of incorrect, inaccurate, incomplete, or fraudulent information or in violation of any provision of Title 14 of the NMAC;

                                (2)           when a job is abandoned as determined by the division pursuant to the CILA and its rules;

                                (3)           failure to correct code violations for which a notice of correction or stop work order has been issued;

                                (4)           change in the person or entity performing the work;

                                (5)           payment of any amount due to an AHJ with a “non-sufficient funds” check;

                                (6)           aiding or abetting an unlicensed contractor or journeyman;

                                (7)           at the written request of the permittee.

                                (8)           upon written notification of the termination of the contract with the permittee, from the project owner.

                B.            A suspended permit may be reactivated upon approval of the appropriate AHJ and payment of all assessed fees.

[14.5.2.13 NMAC - Rp, 14.5.2.13 NMAC, 3/10/2022]

 

14.5.2.14               EXPIRATION AND DEACTIVATION OF PERMIT:

                A.            Expiration.  Every permit issued by the AHJ shall expire and be void if the work authorized by the permit is not commenced within 180 days from the issuance date.

                B.            Cancellation.  If the work authorized by a permit is suspended, delayed or abandoned after the work is commenced and such suspension, delay or abandonment continues for greater than 180 days, the permit shall be cancelled. In order for work on the project to continue, a new permit application must be submitted, a new, full permit fee must be remitted, and a new permit issued.  The AHJ may require re-submittal of documents.

                C.            Extension of time.  The CBO or TBC may extend the time of an active permit for an additional period not to exceed 180 days on receipt of a written request from the permit holder showing that circumstances beyond the control of the permittee have caused delay in the permitted work.

                D.            Penalties.  Any work performed after a permit expires, cancels or becomes inactive shall be considered a violation pursuant to Subsection A of 14.5.2.8 NMAC and subject to discipline and to the provisions of 14.5.2.16 NMAC.

[14.5.2.14 NMAC - Rp, 14.5.2.14 NMAC, 3/10/2022; A, 7/14/2023]

 

14.5.2.15               DENIAL OF PERMIT:

                A.            The AHJ may deny the issuance of a permit and associated inspections for good cause. Good cause shall include, without limitation:

                                (1)           failure to pay all or part of a permit fee or penalty when due;

                                (2)           an outstanding balance on any amounts due to the division or an AHJ that has accrued without approval of the director or the AHJ.

                                (3)           Failure to fully comply with a commission order.

                                (4)           Failure to comply with the Parental Responsibility Act.

                                (5)           Requesting a permit without the proper license classification for the work to be performed.

                                (6)           Applying for a permit on behalf of another entity.

                                (7)           Allowing another other than the licensee to use the license to obtain a permit.

                B.            After one receipt by an AHJ of a “non-sufficient funds” check, the AHJ may require payment by cashier’s check or certified funds.

[14.5.2.15 NMAC - Rp, 14.5.2.15 NMAC, 3/10/2022]

 

14.5.2.16               FAILURE TO OBTAIN PERMIT:  If any work, is performed by a licensee, for which a permit is required, and is commenced prior to obtaining the necessary permit, the AHJ may assess a fee in the amount of twice the usual permit and inspection fees for the first violation with all subsequent violations disciplined pursuant to Subsection A of Section 60-13-23.1 NMSA 1978, or referring the violation to CID for disciplinary action.

[14.5.2.16 NMAC - Rp, 14.5.2.16 NMAC, 3/10/2022]

 

14.5.2.17               TEMPORARY STRUCTURES:

                A.            Permits.  The appropriate TBC or the CBO of an AHJ is authorized to issue a permit for temporary structures and temporary uses. Such permits shall specify an expiration date not to exceed one year from the date of issuance. The building official is authorized to grant extensions for good cause supported by credible evidence.

                B.            Conformance.  Pursuant to Section 108.2 of the IBC temporary structures and uses shall comply with the requirements of Section 3101.

                C.            Temporary power.  A permit may be issued by the appropriate TBC or AHJ for the installation and energizing of a temporary electric pole or electrical service as specified in Paragraph (5) of Subsection K of 14.5.2.10 NMAC, for a period not to exceed one year from the date of issuance.  When the temporary use of the temporary electric pole or electrical service is no longer required or at the end of the authorized year, the property owner shall notify the appropriate AHJ or inspector. Upon receipt of written notice of such cancellation, the appropriate AHJ shall notify the utility and the utility shall discontinue service to such system. Service shall not be resumed until a new permit for the work on the system is issued.

                D.            Temporary service.  A permit, for a period not to exceed one year from the date of issuance, may be issued by the appropriate TBC or AHJ authorizing a connection of a temporary system for supplying water, gas, or sewage service, after inspection and testing as applicable by the inspector. When the temporary use of such system is no longer required or at the end of the authorized year, the permittee shall notify the appropriate AHJ. Upon written receipt of such a request to cancel the temporary service, the AHJ shall, either cancel the permit and notify the utility with the utility discontinuing service to such system or work may continue under the issued permit on a non-temporary basis once the temporary use is no longer required. The temporary work permit may be canceled at any time within one year after the permit is issued by the AHJ.

                E.            Termination of approval.  The AHJ is authorized to terminate a permit for a temporary structure when the TBC or CBO deems that it is in the best interests of health, safety and welfare to do so. See 14.5.1.12 NMAC.

[14.5.2.17 NMAC - Rp, 14.5.2.17 NMAC, 3/10/2022]

 

14.5.2.18               HOMEOWNER’S PERMIT:

                A.            A homeowner permit allows homeowners to obtain permits for constructing or altering their primary residence without becoming a licensed contractor is strictly limited to construction and alteration of their primary residence. Any other use of a homeowner’s permit shall result in cancellation of the current homeowner permit and denial of any subsequent request for a homeowner permit.

                B.            The homeowner licensing exemption requires conformity with CILA, its rules, standards and codes. This includes a homeowner acting as a general contractor for the project.

                C.            The homeowner’s permit authorizes the homeowner to physically perform the work, alone or with legal employees, or act as a general contractor and subcontract portions of the work to licensed contractors. In order to qualify for the homeowner permit the major portion of the work to be performed, based on dollar amount, must be completed by the homeowner.

                D.            A homeowner may apply for a homeowner’s building, plumbing or electrical permit to construct a residence or to remodel or construct an addition to an existing residence. A homeowner’s permit may only be issued to a property owner and only for the property owner’s primary residence occupied or intended to be occupied by the homeowner. A permit is required for all construction related work for which a permit is required by statute or rule.

                E.            Homeowner’s permits are limited to single-family dwellings, appurtenant structures to single-family dwellings such as private garages, carports, and sheds and are issued only to the property owner providing proof of ownership. All homeowner permit applications are subject to approval by the AHJ.

                F.            A person applying for a homeowner’s permit in order to construct or alter a primary, personal residence in accordance with Paragraph (10) of Subsection D of CILA, Section 60-13-3 NMSA 1978 must provide the following to the AHJ:

                                (1)           A completed AHJ approved homeowner permit application.

                                (2)           A signed and notarized homeowner’s permit responsibility sheet acknowledging legal responsibility, verification of the major portion of the work based on dollar amount being completed by the homeowner and the liability of the homeowner for the construction that is completed by subcontractors.

                                (3)           A signed acknowledgement of receipt of the instructions form for obtaining a homeowner permit.

                                (4)           Zoning approval from the local planning and zoning department.

                                (5)           Flood plain determination from the local flood plain department.

                                (6)           Proof of identity and ownership of the property for which the permit is sought.

                                (7)           Payment of all required fees.

                G.            The AHJ shall issue separate homeowner’s permits for general building construction, mechanical/plumbing and electrical work as appropriate. Each permit authorizes work at the primary residence only and does not apply to rental property, other owned property or to any commercial work or property.

                H.            The homeowner is responsible for requesting inspections, correcting code violations and requesting required re-inspections to obtain a certificate of occupancy or final inspection as applicable. If the homeowner has hired sub-contractor(s) to complete the plumbing, mechanical and electrical work, the sub-contractor(s) remains responsible for obtaining permits, requesting inspections and correcting code violations and requesting required re-inspections prior to the homeowner being able to obtain a certificate of occupancy or final inspection.

                I.             The homeowner building permit limits the homeowner to perform the work authorized by the permit personally or with employees paid by the homeowner and issued a W-2 form, or to subcontract a portion of the work while self-performing a significant portion of the work.

                J.             All work subcontracted must be subcontracted to licensed contractors who must apply for the appropriate permits for their work and pass all required inspections.

                K.            A homeowner’s permit is not valid and may not be used to permit a project for which a GB-2 or GB-98 licensed contractor is contracted to manage, supervise or act as the general contractor for a project.  If a homeowner’s permit has been issued for such a project it shall become invalid and the contractor acting as the general contractor must obtain the appropriate building permits and shall be responsible for all work performed at this site including subcontracted work.

                L.            Single-scope projects, including but not limited to, roofing or window installations are not eligible for a homeowner’s permit if the work is to be subcontracted and is not performed by the homeowner, either personally or with the aid of valid employees who are issued a W-2 form.

                M.           A homeowner may apply for a homeowner’s permit for plumbing work by complying with Subsection D and by demonstrating sufficient knowledge as determined by the appropriate TBC or CBO. The TBC or CBO shall determine minimum competency by reviewing plans submitted by the homeowner for the proposed work.  Completion of a written examination with a minimum passing score of seventy-five percent may be required. Failed examinations may not be repeated sooner than 30 days after the date of the failed exam. Plumbing work pursuant to the homeowner permit shall be performed only by the permittee.

                N.            A homeowner may apply for a homeowner’s electrical permit by complying with Subsection D and submitting plans or drawings showing the electrical equipment on the floor plan and the panel schedule. Once the plans are approved, the permit may be issued to the homeowner only if the homeowner passes the electrical exam for homeowners, with a minimum passing score of seventy-five percent, administered by CID. Failed examinations may not be repeated sooner than 30 days after the date of the failed exam. Electrical work pursuant to the homeowner permit shall only be performed by the permittee.

                O.            A homeowner’s permit shall not be issued for HVAC, natural gas or LP gas installations. All such work, except LP gas installations, shall require a properly licensed contractor and shall be permitted and inspected pursuant to the requirements of the AHJ. LP gas installations shall require a properly licensed contractor and shall be permitted and inspected pursuant to the requirements of the LP gas trade bureau.

                P.            Homeowner’s permit projects may not be placed on the market for sale while under construction.  Such an action violates the requirements of Paragraph (10) of Subsection D of CILA, Section 60-13-3 NMSA 1978, and will result in the automatic voiding of the permit by the AHJ.  A violation may also result in initiation of unlicensed contracting charges against the homeowner in accordance with the requirement of CILA Section 60-13-52 NMSA 1978.

                Q.            No more than one homeowner’s permit for a single-family dwelling shall be issued to the same property owner within any 12-month period.

[14.5.2.18 NMAC - Rp, 14.5.2.18 NMAC, 3/10/2022]

 

14.5.2.19               ANNUAL PERMIT:

                A.            Commercial:

                                (1)           Types and scopes:

                                                (a)           Electrical repair maintenance commercial (ERMC) permits. The scope of this permit includes the repair or maintenance performed on existing electrical systems in commercial facilities. Repair and maintenance means work that is necessary to maintain an established, approved electrical, which work is required to keep the system operating in its original approved function and configuration. Repair and maintenance includes a like-for-like exchange of a portion or portions of an approved electrical system, but does not include work on systems that are generally considered in the industry to be related to be life safety systems, or work that entails new construction, relocation, expansion or alteration of an electrical system or any portion thereof. Life safety systems include systems intended to protect the occupants of the structure such as fire protection, controls for smoke evacuation systems, energy, and egress lighting systems, except replacement of light bulbs and batteries in emergency lights and exit signs.

                                                (b)           Mechanical repair maintenance commercial (MRMC) permits. The scope of this permit includes the repair or maintenance performed on existing mechanical/plumbing systems in commercial facilities. Repair and maintenance means work that is necessary to maintain an established, approved mechanical/plumbing system, which work is required to keep the system operating in its approved function and configuration. Repair and maintenance includes a like-for-like exchange of a portion or portions of an approved mechanical/plumbing system, but does not include work on systems that are generally considered in the industry to be related to be life safety systems, or work that entails new construction, relocation, expansion or alteration of a mechanical/plumbing system or any portion thereof. Life safety systems include systems intended to protect the occupants of the structure such as fire protection and smoke evacuation systems.

                                                (c)           General construction repair and maintenance work that is required as a direct consequence of, or that is necessary to, work performed pursuant to a commercial annual permit is considered incidental work and is authorized under the ERMC and the MRMC permits. All such general construction work must be reported pursuant to Paragraph (6), below, and whether or not general construction work is covered by commercial annual permit will be determined by the division. If there is a question as to whether general construction repair and maintenance is incidental work and therefore allowed within the confines of an annual permit, the permit holder shall contact the general construction bureau chief to determine if the work properly falls within the annual permit. General construction work that is not covered by a commercial annual permit will subject the permit holder to penalties as provided in the Act and the CID rules.

                                (2)           Issuance. Commercial annual permits may be issued to:

                                                (a)           A commercial entity duly authorized to conduct business in New Mexico employing certified journeymen; or

                                                (b)           a licensed contractor holding one of the following classifications of license that  has a written contract with a commercial entity to perform work for the commercial entity covered by an commercial repair and maintenance annual permit:

                                                                (i)            for an ERMC permit: EE98, EL1, ES3, ES7;

                                                                (ii)           for an MRMC permit: MM1, 2, 3, 4 and MM98;

                                                                (iii)         allowed work is limited to the scope of the classification.

                                                (c)           Work to be performed under a commercial annual permit may only be performed by a journeyman, pursuant to Subsection A of 14.6.6.10 NMAC or Subsection A of 14.6.6.11 NMAC, properly certified by the division in the classification of work to be performed pursuant to the permit, who is an employee of the authorized entity, or of the licensee, to whom the permit was issued. In no case shall experience gained under an annual permit count for more than one-fourth of the experience requirement for a qualifying party or a journeyman certification.

                                (3)           Duration.

                                                (a)           Commercial annual permits are valid for 12 months from the date of issuance and are renewable upon submission of a completed approved application. ERMC and MRMC permits automatically expire on the first day of the 13th month after the month of issuance. Permits are subject to the provisions of:

                                                (b)           14.5.2.13 NMAC Suspension, cancellation, revocation.

                                                (c)           14.5.2.14 NMAC Expiration and deactivation of permits.

                                (4)           Denial.  See 14.5.2.15 NMAC.

                                (5)           Failure to obtain permit.  See 14.5.2.16 NMAC.

                                (6)           Report log.  All work performed pursuant to a commercial annual permit must be recorded by the permit holder in a log that contains, at a minimum, the following information:

                                                (a)           the location of the work with sufficient specificity that an inspector can locate the work;

                                                (b)           the date the work was performed;

                                                (c)           a description of the work performed;

                                                (d)           the name of the individual who performed the work and the individual’s journeyman classification and certificate number;

                                                (e)           the entity permit, or the contractor license number, to whom the permit covering the work was issued.

                                (7)           Audit and Inspections.  All work performed under a commercial annual permit is subject to audit and inspection by CID and must comply with all applicable codes and rules. Each quarter, all annual permit holders shall submit copies of their report logs to the appropriate trade bureau of all work performed through use of the annual permit. Upon review of the audit materials, the specific trade bureau shall determine if an in-person inspection is necessary and, if appropriate, shall arrange for the inspection.

                                (8)           Violations.

                                                (a)           If, upon audit and subsequent inspection of annual permit work, any permitted work is found not to be in full compliance with annual permit requirements or applicable codes, the inspector shall serve a written notice on the permittee citing the violation observed and ordering that the violation be corrected.  The permittee is responsible for notifying the inspector when all corrections have been made and the work is ready for re-inspection.  Failure to comply with a correction, or other written notice within the time required by the inspector or, if no time is specified, within a reasonable time, is a violation of the CID rules and may result in disciplinary action by the division.

                                                (b)           If the work inspected is not recorded fully and accurately on the log, the inspector shall provide a written report to the TBC for appropriate action. If the failure constitutes a health or safety hazard the inspector shall take appropriate action pursuant to Section 60-13-42 NMSA 1978, if appropriate and also immediately notify the TBC. The annual permit is subject to cancellation and the holder may not be eligible to apply for another annual permit for one year thereafter.

                                                (c)           If the work inspected or logged in is not authorized by the terms and conditions of the annual permit, the inspector shall notify the TBC for appropriate action. If the violation constitutes a health or safety hazard the inspector shall take action pursuant to Section 60-13-42 NMSA 1978, if appropriate and also immediately notify the TBC. The annual permit is subject to cancellation and the holder may not be eligible to apply for another annual permit for one year thereafter.

                                (9)           Limitation. Commercial annual permits may only be issued by CID.

                                (10)         Commercial buildings that are classified pursuant to the NMCBC as having an industrial use will be considered as commercial buildings for annual permit purposes.

                B.            SCHOOL:

                                (1)           Types.

                                                (a)           Electrical repair maintenance schools (ERMS) permit. The scope of this permit includes the repair or maintenance performed on existing 120-volt (277-volt lighting circuits) or less, de-energized electrical systems in a school, and is intended to allow a like-for-like exchange of a portion or portions of an existing electrical system. It does not include:

                                                                (i)            work on life safety systems which are intended to protect the occupants of the structure such as fire protection, controls for smoke evacuation systems, energy, and egress lighting systems, except replacement of light bulbs and batteries in emergency lights and exit signs;

                                                                (ii)           work that entails new construction, relocation, expansion or alteration of an electrical system or any portion thereof;

                                                                (iii)         work on energized electrical systems of any kind;

                                                                (iv)          boilers; or

                                                                (v)           work product or process that is hazardous to the maintenance technician, the occupants of a school or the public.

                                                (b)           Mechanical repair maintenance schools (MRMS) permits. The scope of this permit includes the repair or maintenance performed on existing plumbing or mechanical systems that are necessary to maintain an established, approved mechanical/plumbing system, which work is required to keep the installation operating in its approved function and configuration. Repair and maintenance includes a like-for-like exchange of a portion or portions of an approved mechanical/plumbing system in a school. It does not include:

                                                                (i)            work on life safety systems which are intended to protect the occupants of the structure such as fire protection and smoke evacuation systems; 

                                                                (ii)           venting;

                                                                (iii)         work that entails new construction, relocation, expansion or alteration of a mechanical or plumbing system or any portion thereof;

                                                                (iv)          work on gas piping systems of any kind, except repair of low-pressure gas leaks downstream of the isolation valve to the appliance, limited to supply tubes or connections to gas valves or fuel train;

                                                                (v)           repair or replacement of gas valves, regulators or fuel train;

                                                                (vi)          boilers;

                                                                (vii)        work product or process that is hazardous to the maintenance technician, the occupants of the school or the public.

                                                (c)           General repair maintenance schools (GRMS) permits. The scope of this permit includes the repair and maintenance of existing structures in a school and is intended to allow for the exchange of like parts or components in an existing structure. The scope of this permit is limited to the maintenance and repair of non-structural facility components: drywall and ceiling surfaces, room partitions, wall and window replacement; patching roof surfaces not to exceed 100 square feet; asphalt, concrete, playground and athletic equipment, and site drainage. It does not include new construction of any kind, or work that modifies egress, affects fire resistance or structural integrity of a wall, or any work product or process that is hazardous to the maintenance technician, the occupants of the school or the public.

                                (2)           Issuance.

                                                (a)           School annual permits authorized for electrical and mechanical/plumbing work by this section may be issued to a school that employs at least one journeyman who holds a valid certification in the classification covering the work to be performed.

                                                (b)           Electrical and mechanical/plumbing work to be performed under the school annual permit shall only be performed by a journeyman pursuant to Subsection A of 14.6.4.8 NMAC or an apprentice pursuant to Subsection H of Section 60-13-2 NMSA 1978 of the CILA under the supervision of a licensed journeyman at a ratio of one to one. In no case shall experience gained under an annual permit count for more than one-fourth of the experience requirement for a qualifying party or journeyman certificate.

                                                (c)           There are no certification requirements for general repair maintenance school permit work.

                                (3)           Duration.

                                                (a)           Permits authorized by this rule are valid for 12 months from the date of issuance and are renewable upon submission of a completed approved application. These permits automatically expire on the first day of the thirteenth month following the month of issuance. Permits are subject to the provisions of

                                                (b)           14.5.2.13 NMAC Suspension, cancellation, revocation.

                                                (c)           14.5.2.14 NMAC Expiration and deactivation of permit.

                                (4)           Denial, see 14.5.2.15 NMAC.

                                (5)           Failure to obtain permit, see 14.5.2.16 NMAC.

                                (6)           Report log. All work performed pursuant to a permit issued according to this rule must be recorded by the permit holder in a log that contains, at a minimum, the following information:

                                                (a)           the location of the work with sufficient specificity that an inspector can locate the work;

                                                (b)           the date the work was performed;

                                                (c)           a description of the work performed;

                                                (d)           the name of the individual who performed the work and the individual’s journeyman classification and certificate number;

                                                (e)           the entity permit number issued to the school for the work performed.

                                (7)           Audit and Inspection. All work performed under a school annual permit issued pursuant to this rule is subject to audit and inspection by CID and must comply with all applicable codes and rules. Each quarter annual permit holders shall submit copies of their report logs to the appropriate trade bureau of all work performed through use of the annual permit. The appropriate trade bureau shall determine, upon review of the audit materials, if an in-person inspection is necessary and, if appropriate, shall arrange for the inspection.

                                (8)           Violations

                                                (a)           If, upon an inspection of the annual permitted work, any work is found not to be in full compliance with annual permit requirements, the inspector shall serve a written notice on the permittee citing the violation observed and ordering that the violation be corrected.  The permittee is responsible for notifying the inspector when all corrections have been made and the work is ready for re-inspection.  Failure to comply with a correction, or other written, notice within the time required by the inspector or, if no time is specified, within a reasonable time is a violation of the CID rules and may result in disciplinary action by the division.

                                                (b)           If the work inspected is not recorded fully and accurately on the log, the inspector shall provide a written report to the TBC for appropriate action. If the failure constitutes a health or safety hazard the inspector shall take appropriate action pursuant to Section 60-13-42 NMSA 1978, if appropriate and also immediately notify the TBC. The annual permit is subject to cancellation and the holder may not be eligible to apply for another annual permit for one year thereafter.

                                                (c)           If the work inspected or logged in is not authorized by the terms and conditions of the annual permit, the inspector shall notify the TBC for appropriate action. If the violation constitutes a health or safety hazard the inspector shall take appropriate action pursuant to Section 60-13-42 NMSA 1978, if appropriate and also immediately notify the TBC. The annual permit is subject to cancellation and the holder may not be eligible to apply for another annual permit for one year thereafter.

                                (9)           Limitations.         School annual permits may only be issued by CID.

[14.5.2.19 NMAC - Rp, 14.5.2.19 NMAC, 3/10/2022]

 

14.5.2.20               EMERGENCY WORK:  Where equipment replacement or repairs must be performed in an emergency, application to the appropriate AHJ for the required permit must be made on the next working business day or as determined by the particular TBC or AHJ.

[14.5.2.20 NMAC - Rp, 14.5.2.20 NMAC, 3/10/2022]

 

14.5.2.21               CONNECTION OF SERVICE UTILITIES:  No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by the New Mexico construction codes until approved by the appropriate AHJ.

[14.5.2.21 NMAC - Rp, 14.5.2.21 NMAC, 3/10/2022]

 

HISTORY OF 14.5.2 NMAC:

Pre-NMAC History:  Material in this part was derived from that previously filed with the commission of public records - state records center and archives as:

CIC 70-2, General Construction Classifications, filed 11/25/1970;

CIC 72-4, General Construction Classifications, filed 02/16/1972;

CIC 76-2, Rules and Regulations, filed 05/05/1976;

CID 78-2, Rules and Regulations, filed 12/05/1978;

CID 79-1, Rules and Regulations, filed 06/06/1979;

CID 82-1, Construction Industries Rules and Regulations, filed 04/14/1982;

CID 85-1, Construction Industries Rules and Regulations, filed 02/04/1985;

CID 90-1, Construction Industries Rules and Regulations, filed 05/31/1990.

 

History of Repealed Material:

14 NMAC 5.2, Housing and Construction - Construction Industries General Provisions - Permits (filed 9/2/1997), repealed effective 12/1/2000.

14.5.2, Housing and Construction - Construction Industries General Provisions - Permits (filed 10/16/2000), repealed effective 7/1/2004.

14.5.2, Housing and Construction - Construction Industries General Provisions - Permits (filed 5/27/2004), repealed effective 11/15/2016.

14.5.2 NMAC, Permits (filed 11/15/2016), was repealed and replaced by 14.5.2 NMAC, Permits, effective 3/10/2022.

 

Other History:

That portion of CID 90-1, Construction Industries Rules and Regulations, filed 05/31/1990 -- renumbered, reformatted and amended to 14 NMAC 5.2, Housing and Construction - Construction Industries General Provisions - Permits, effective 09/14/1996.

14 NMAC 5.2, Housing and Construction - Construction Industries General Provisions - Permits (filed 09/03/1996) replaced by 14 NMAC 5.2, Housing and Construction - Construction Industries General Provisions - Permits, effective 09/23/1997.

14 NMAC 5.2, Housing and Construction - Construction Industries General Provisions - Permits (filed 09/02/1997) replaced by 14.5.2 NMAC, Housing and Construction - Construction Industries General Provisions - Permits, effective 12/1/2000.

14.5.2 NMAC, Housing and Construction - Construction Industries General Provisions - Permits (filed 10/16/2000), and those applicable portions of 14.7.2 NMAC, Section 10 (filed 10/16/2000); 14 NMAC 9.2, Subpart I, Sections 100-105 (filed 10/30/1998); 14 NMAC 9.2, Subpart II, Section 100  (filed 10/30/1998); 14.10.4 NMAC, Section 8 (filed 7/1/2002); and 14.5.3 NMAC (filed 10/16/2000), Section 8 - replaced by 14.5.2 NMAC, Housing and Construction - Construction Industries General Provisions - Permits, effective 7/1/2004.