[HISTORY: Adopted by the Board of County Commissioners of
Doña Ana County 8-14-2012 by Ord. No. 255-2012.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Dangerous buildings — See Ch. 146.
Numbering of buildings — See Ch. 150.
Fire prevention — See Ch. 195.
Manufactured homes — See Ch. 257.
Unified Development Code — See Ch. 350.
[1]
Editor's Note: This chapter also repealed former Ch.
142, Building Code, adopted 8-12-2008 by Ord. No. 237-08, as amended.
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.
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 § 143-3,
below:
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2009 International Building Code
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2009 International Residential Code
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2009 International Energy Conservation Code
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2009 Uniform Mechanical Code
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2009 Uniform Plumbing Code
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2009 International Existing Building Code
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2009 International Property Maintenance Code
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2011 National Electrical Code
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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:
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2009 New Mexico Commercial Building Code
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2009 New Mexico Residential Building Code
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2009 New Mexico Earthen Building Materials Construction Code
(Phase III)
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2009 New Mexico Non-Load Bearing Baled Straw Construction Building
Code (Phase III)
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2009 New Mexico Existing Building Code
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2009 New Mexico Historic Earthen Building Code
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2009 New Mexico Energy Conservation Code
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2009 New Mexico Plumbing Code
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2009 New Mexico Mechanical Code
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2009 New Mexico Electrical Code
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The Board hereby adopts the 2008 Doña Ana County Non-Load-Bearing
Baled Straw Construction Standards, the provisions of which are fully
incorporated as part of this chapter as if fully set forth herein.
The following sections of the 2009 International Building Code
are hereby revised and changed as follows:
A.
Section 3302.2 is amended to read:
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302.2 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:
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1.
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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.
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2.
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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.
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3.
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Roofing materials waste. 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.
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4.
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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.
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B.
Section 3302.3 is added with the following language:
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3302.3 Storage containers. Waste materials, unless
granted a specific exception within this chapter, shall be deposited
and stored within approved waste containers as follows:
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1.
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Sanitation department containers. The following
mechanically transported containers may be used for construction waste:
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a.
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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.
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b.
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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.
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2.
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Other containers. Other containers, including,
but not limited to, dump trucks and fenced enclosures, may be used
for waste control.
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C.
Section 3302.4 is added with the following language:
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3302.4 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:
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1.
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Roofing materials. Roofing materials shall
be disposed of on a daily basis.
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2.
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Closing of container lids. Containers having
lids shall be kept closed at all times except when containers are
being filled or emptied.
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3.
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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 two-hundred-foot distance requirement.
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D.
Section 3302.5 is added with the following language:
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3302.5 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.
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E.
Section 3305.1 is amended to read:
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3305.1 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.
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F.
Section 104.11.3 is added with the following language:
[Added 7-8-2014 by Ord. No. 274-2014]
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104.11.3 Tire walls and structures. Construction of any and all tire walls, tire bales, and tire retaining walls above two feet shall be engineered and stamped by a New Mexico licensed engineer. The plans shall be submitted to the Building Services Division to include the height, the size and width of tire, and the foundation being used. All tire structures shall be covered with a permanent coating, such as stucco, shotcrete, gunite, or a similar type of material. All paint shall be of the fire-retardant type. The tire structure shall be filled with concrete, sand or like material. A building permit shall be obtained from Doña Ana County, as well as a permit from the New Mexico Environmental Department, and the permit applicant shall adhere to Dona County Code, Chapter 142, and the Recycling and Illegal Dumping Act, NMSA 1978, §§ 74-13-1 through 74-13-20, as amended. Tires may only be stored on the property with a valid building permit and shall be covered to protect the tires from the elements. Tires shall not be stored for more than 12 months unless authorized by the permitting agency and are subject to inspection by the County.
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A.
No permit for plumbing, mechanical, or electrical work shall be issued
unless in conjunction with a validly issued building permit, or in
conjunction with an existing remodel not requiring a building permit.
Plumbing, mechanical or electrical permits for new construction shall
not be issued unless in conjunction with a valid building permit or
mobile home installation permit.
B.
A permit for plumbing, mechanical, and/or electrical work may be
issued without a building permit or mobile home installation permit
when the work is limited to:
(1)
A service change for an existing building or mobile home.
(2)
Agricultural irrigation or well service only. No other buildings
may be attached, included or connected.
(3)
A remodel where no building permit is required. For example, only
plumbing, mechanical or electrical work is necessary for the remodel.
(4)
Gas yard lines and gas test for existing services.
(5)
The installation of an irrigation system for landscaping of an existing
home or building.
(6)
Retrofitting services to existing homes or buildings such as upgrading
evaporative cooling to refrigerated cooling.
(7)
An accessory building with an area of 200 square feet or less.
A.
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.
B.
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.
C.
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 Dona Ma 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.
