The provisions of this chapter and the codes, supplements, and
construction standards adopted herein shall be controlling in the
construction, alteration, and repair of all buildings and structures,
including electrical, plumbing and mechanical systems, within the
unincorporated areas of Doña Ana County, New Mexico.
[Amended 4-22-2021 by Ord. No. 321-2021]
The Board hereby adopts the following International and National Codes, the provisions of which are fully incorporated as part of this chapter as if fully set forth herein, except to the extent modified or amended by the New Mexico standards set forth in §
142-3, below:
2015 International Building Code
|
2015 International Residential Code
|
2015 International Existing Building Code
|
2018 International Energy Conservation Code
|
2015 Uniform Mechanical Code
|
2015 Uniform Plumbing Code
|
2017 National Electrical Code
|
[Amended 4-22-2021 by Ord. No. 321-2021]
The Board hereby adopts the following New Mexico Codes, the
provisions of which are fully incorporated as part of this chapter
as if fully set forth herein:
2015 New Mexico Commercial Building Code
|
2015 New Mexico Residential Building Code
|
2015 New Mexico Earthen Building Materials Construction
Code
|
2015 New Mexico Existing Building Code
|
2015 New Mexico Historic Earthen Buildings
|
2018 New Mexico Energy Conservation Code
|
2018 New Mexico Commercial Energy Conservation Code
|
2015 New Mexico Plumbing Code
|
2012 New Mexico Swimming Pool, Spa and Hot Tub Code
|
2015 New Mexico Mechanical Code
|
2012 New Mexico Solar Energy Code
|
2017 New Mexico Electrical Code
|
2012 New Mexico Electrical Safety Code
|
The following sections of the 2015 International Building Code
are hereby revised and changed as follows:
A. Pursuant to 14.5.1.10 NMAC, Section [A] 104.1 General. The Certified
Building Official (CBO) is responsible for enforcing the state and
local codes in an AHJ. The interpretations and procedures established
by a CBO must be pursuant to the New Mexico Construction Industries
Division (CID) statutes and rules:
Section 3302 Construction Safeguards:
B. New Section 3302.2.1, is added as follows: 3302.2.1 Waste containment. At all sites where streets, buildings or structures are being constructed,
remodeled, repaired, demolished or maintained, the construction site
shall be kept free from uncontained accumulations of waste materials,
new or used, including but not limited to scrap or discarded pieces
of wood, brick, sheetrock, shingles, tarpaper, cement, concrete, cinderblock,
asphaltic concrete, and other building or construction products used
at that site, as well as any containers and wrappers of such products.
Accumulations shall be deemed contained when placed in approved storage
containers appropriate for that type of waste. However, certain accumulations
of waste shall be exempt from being placed in approved storage containers
as follows:
(1) Major building demolition waste. Waste produced by a major building
demolition which is so large in scope or scale that it cannot reasonably
be placed in approved containers shall be an exception to this section,
provided all loose, readily windborne matter is contained and the
remainder is, in the opinion of the building official, either not
an immediate hazard to the public because of its nature or because
of further security measures required on site by the building official.
(2) Masonry wastes. Rock, concrete, mortar, brick and cinderblock wastes
do not have to be placed in an approved container and may be collected
into a pile on the ground, but must be removed to a disposal site
designated by the building official or designee. Extra concrete from
cleaning delivery trucks must be placed on site, and not on developed
roads or sidewalks. This concrete must subsequently be removed to
a disposal site designated by the Building Official or designee.
(3) Roofing materials wastes. Shingles, tarpaper and other waste from
roofing jobs that are capable of readily becoming windborne do not
have to be placed into an approved container, provided such waste
is placed directly into a dump truck or similar truck for hauling
to a disposal site designated by the building official or designee.
(4) Windborne waste. Waste capable of being windborne shall be contained
daily, except on windy days when it shall be contained immediately.
Windy days shall be those days when waste is observed becoming windborne.
C. New Section 3302.2.2 is added as follows: 3302.2.2 Waste storage
containers. Waste materials, unless granted a specific exception
within this chapter, shall be deposited and stored within approved
waste containers as follows:
(1) Sanitation department containers. The following mechanically transported
containers may be used for construction waste:
(a)
Open-top containers commonly referred to as roll-off containers,
to be used for construction waste not capable of readily becoming
windborne and acceptable for limited amounts of heavy items such as
earth, bricks, concrete and shingles.
(b)
Overhead dump containers, having lids and at least three cubic
yards capacity, to be used for lightweight construction waste only,
including that capable of readily becoming windborne, and for earth,
bricks, concrete, shingles and other heavy materials.
(2) Other containers. Other containers, including, but not limited to,
dump trucks and fenced enclosures, may be used for waste control.
D. New Section 3302.2.3 is added as follows: 3302.2.3 Containment
and disposal. All waste or debris generated at sites governed
by this chapter shall be contained and disposed of on a regular basis,
except as follows:
(1) Roofing materials. Roofing materials shall be disposed of on a daily
basis.
(2) Closing of container lids. Containers having lids shall be kept closed
at all times except when containers are being filled or emptied.
(3) Distance requirements. Required containers shall be located not more
than 200 feet from the construction site. Containers may be shared
by more than one construction site provided they meet the 200-foot
distance requirement.
E. New Section 3302.2.4 is added as follows: 3302.2.4 Responsibility. It shall be the duty of any person holding a building permit to
provide acceptable containers and to have all such waste placed therein
and to have such containers emptied often enough to prevent their
overflow. It shall further be the duty of the person holding the permit
and the property owner to remove such waste to a disposal site designated
by the county building official or designee.
Section 3305 Sanitary
F. New Section 3305.2 is amended to read: 3305.2 Sanitation. New construction and additions/alterations shall have on-site portable
bathroom facilities for each project. If owners and/or contractors
wish to share facilities, a request in writing, submitted for approval
by the Building Official, is required. Exception: Whenever arrangements
have been made with the property owner, persons working on additions/alterations
may use existing on-site facilities.
Section 107 and R106 Submittal Documents
G. New Sections [A] 107.3.3 and R106.3.3 and amended to read: [A] 107.3.3; R106 Phased approval. The building official is
authorized to issue a permit for the construction of foundations or
any other part of a building or structure before the construction
documents for the whole building or structure have been submitted,
provided that adequate information and detailed statements have been
field complying with pertinent requirements of this code. The holder
of such permit for the foundation or other parts of a building or
structure shall proceed at the holder's own risk with the building
operation and without assurance that permit for the entire structure
will be granted. The following additional requirements shall also
apply:
(1) All permit requests for a "foundation only" or for "grading only"
are to be routed for review by all routine reviewers, and such permits
shall not be issued until the requirements of all outstanding reviewer
comments are satisfied, including, but not limited to, zoning, drainage,
SWPPP, or fire code requirements.
(2) Permit requests for a "foundation only" or for "grading only" shall
describe what the foundation or grading is intended for. Additionally,
a "foundation only" request shall include a site plan and a cross
section of the proposed foundation. "Grading only" permit requests
shall include a grading and drainage plan. Both permit requests shall
also include a detailed description of erosion control measures and
applicable SWPPP requirements.
(3) If any outstanding issue and/or condition exists, including, but
not limited to, an issue and/or condition related to zoning, drainage,
SWPPP or the fire code, that would prohibit the issuance of a building
permit, then a "foundation only" or "grading only" permit shall not
be issued.
It is hereby declared to be the intent of the Board that in
the event any conflict shall arise between any provisions contained
in any of the New Mexico codes or County construction standards adopted
herein, and the International or National Codes adopted herein, that
the provisions of the New Mexico codes and County construction standards
shall control.
The Board has established, by Chapter
179, Article
VI, a schedule of building permit fees to partially defray the costs of administering and enforcing a building code ordinance. Building permit fees shall be set by resolution until modified or amended by the Board. Valuation will be determined by the Building Services Department using the most current building valuation data table as provided by the International Code Council Building Safety Journal.
Copies of this chapter and the International, National, and
New Mexico codes, and Doña Ana County construction standards
adopted herein shall be available and subject to inspection during
regular working hours in the County Building Services Department.
It shall be the duty of the Building Services Department to enforce the provisions of this chapter and the provisions of the International, National, and New Mexico codes, and Doña Ana County construction standards adopted herein. In addition to any and all remedial action or abatement procedures contained in the International, National, or New Mexico codes, and Doña Ana County construction standards adopted herein, any person violating any provision of this chapter may be punished as set forth in Chapter
1, General Provisions, Article
III, General Penalty. These provisions for enforcement are not meant to be exclusive and the provisions of this chapter may be enforced through any other means allowed by law.