The town shall have the exclusive power to issue and enforce
building and construction permits within the town and over an area
extending three (3) miles from the exterior boundaries of the town.
This section shall not apply to construction specifically exempted
by the state Construction Industries Licensing Act or regulations
adopted pursuant thereto, and shall not apply to territory outside
the municipality, if the board of county commissioners of Taos County
prescribes, by ordinance, standards for the constructing and altering
of buildings within the said three (3) mile area.
(1981 Code, sec. 6-1)
Any person violating or failing, neglecting or refusing to comply
with any of the provisions of the New Mexico Uniform Building Code
shall be punished by a fine of not less than five dollars ($5.00)
nor more than three hundred dollars ($300.00) or by imprisonment for
a term of not less than five (5) days nor more than ninety (90) days.
Every day any violation of the building code shall continue shall
constitute, except where otherwise provided, a separate offense.
(1981 Code, sec. 6-17)
One or more copies of the New Mexico Uniform Building Code shall
be available and subject to inspection at all reasonable times in
the office of the town clerk in the town hall.
(1981 Code, sec. 6-18)
A. Intent and purpose.
To improve the energy use efficiency
of construction in the town and to help reduce monthly energy costs
for homebuyers and tenants.
B. Phase I: Ninety days after the enactment hereof through December
31, 2009.
1. Residential construction.
a. As a condition of obtaining a building permit from the town, any
builder (including a homeowner builder) who is issued such a permit
at any time between ninety (90) days after the enactment hereof and
December 31, 2009, for the construction of a single-family or multi-family
residential structure with square footage of three thousand (3,000)
square feet or more of heated floor area must submit to the town a
HERS certificate showing a projected HERS rating of eighty-five (85)
or better.
b. As a condition of obtaining a certificate of occupancy from the town,
any builder of a single-family or multi-family residential structure
with square footage of three thousand (3,000) square feet of heated
floor area or more who is issued a building permit between ninety
(90) days after the enactment hereof and December 31, 2009, must submit
to the town a confirmed HERS rating of eighty-five (85) or better.
2. Commercial construction.
a. As a condition of obtaining a building permit from the town, any
builder who is issued such a permit at any time between ninety (90)
days after the enactment hereof and December 31, 2009, for the construction
of any commercial structure with square footage of six thousand (6,000)
square feet or more of heated floor area must submit to the town a
LEED checklist showing all of the credits that the applicant intends
to achieve, which must include at least three (3) of the water conservation
points in the LEED checklist and must indicate an expected LEED rating
of “certified” or better.
b. As a condition of obtaining a certificate of occupancy from the town,
any builder of a commercial structure with square footage of six thousand
(6,000) square feet of heated floor area or more is issued a building
permit between ninety (90) days after the enactment hereof and December
31, 2009, must present a certificate showing a confirmed LEED rating
of “certified” or better and showing completion of at
least three (3) of the water conservation points in the LEED checklist.
C. Phase II: January 1, 2010, through December 31, 2010.
1. Residential construction.
a. As a condition of obtaining a building permit from the town, any
builder who receives such a permit at any time during calendar year
2010 for the construction of a single-family or multi-family residential
structure of any size must submit to the town a HERS certificate showing
a projected HERS rating of eighty (80) or better.
b. As a condition of obtaining a certificate of occupancy from the town,
any builder of a single-family or multi-family residential structure
of any size who has applied for a building permit at any time during
calendar year 2010 must submit to the town a certificate showing a
confirmed HERS rating of eighty (80) or better.
2. Commercial construction.
a. As a condition of obtaining a building permit from the town, any
builder who is issued such a permit at any time during calendar year
2010 for the construction of any commercial structure of any size
must present a letter from a LEED accredited professional stating
the intent and criteria for a LEED rating of “certified”
or better will be achieved using at least three (3) of the water conservation
points in the LEED checklist.
b. As a condition of obtaining a certificate of occupancy from the town,
any builder of any commercial structure of any size who is issued
a building permit at any time in calendar year 2010 must present a
letter from a LEED accredited professional stating the intent and
criteria for a LEED rating of “certified” or better have
been achieved using at least three (3) of the water conservation points
in the LEED checklist and has submitted to the town copies of all
required LEED verification documents and submittals such as a summary
commissioning report and design submittals for water efficiency credits.
c. A builder may submit an alternative high performance building design
and construction standard provided that the builder receives written
approval from the code administrator to utilize such alternative standard.
D. Phase III: January 1, 2011, through December 31, 2011.
1. Residential construction.
The requirements for residential
construction in phase III (building permit issued in calendar year
2011) are the same as the requirements for residential construction
in phase II (building permit issued in calendar year 2010) except
that a HERS rating of seventy-five (75) or better must be projected
and confirmed as conditions for obtaining a building permit and a
certificate of occupancy, respectively.
2. Commercial construction.
The requirements for commercial
construction in phase III are the same as the requirements for commercial
construction in phase II.
E. Phase IV: January 1, 2012, onward.
1. Residential construction.
The requirements for residential
construction in phase IV (building permit applied for in calendar
year 2012 or later) are the same as the requirements for residential
construction in phases II and III except that a HERS rating of seventy
(70) or better must be projected and confirmed as conditions for obtaining
a building permit and a certificate of occupancy, respectively.
2. Commercial construction.
The requirements for commercial
construction in phase IV are the same as the requirements for commercial
construction in phases II and III.
F. Live/work units.
Builders of live/work units shall comply
with the foregoing requirements for residential structures if, after
evaluation by a HERS rater, the HERS rater determines that the units
can be appropriately rated. Otherwise, builders of live/work units
must, as a condition of obtaining a building permit, present a LEED
checklist showing all of the credits that the applicant intends to
achieve, which must indicate an expected LEED rating of “certified”
or better and must include at least three (3) of the water conservation
points in the LEED checklist and, as a condition of obtaining a certificate
of occupancy, must present a certificate showing a confirmed LEED
rating of “certified” or better and showing completion
of at least three (3) of the water conservation points in the LEED
checklist.
G. Garages.
Any garage in, attached to, or on the same
lot as a residential structure for which a builder applies for a building
permit at any time after ninety (90) days following the enactment
hereof (if the building permit application includes the garage) shall
be insulated with a minimum of R-19 for walls and R-38 for the ceiling.
H. Modular homes.
Any modular home as to which a builder
applies for a building permit at any time after ninety (90) days following
the enactment hereof shall have a quality assured label which is affixed
by the manufacturer, and a blue Energy Star label which is verified
by a third party certifier. As a condition of obtaining a certificate
of occupancy from the town, the builder must present the quality assured
label and the blue Energy Star label.
I. Remodels.
Any remodel of, renovation of, or addition to a structure that increases its height and/or square footage of heated floor area by more than fifty percent (50%) of the structure shall be subject to the requirements of this section. For remodeling, renovation or additions for which a building permit is issued between ninety (90) days after the effective date hereof and December 31, 2009, if the new construction is to result in a residential structure of more than three thousand (3,000) square feet of heated floor area or a commercial structure of more than six thousand (6,000) square feet of heated floor area, then the requirements of this section
15.04.040.1 apply.
J. Provisions.
1. The requirements of this section are subject to the exemptions set forth in section
15.04.040.3 of this chapter and the alternative compliance option set forth in section
15.04.040.4 of this chapter.
2. In the event applicable state codes or federal requirements are changed
in such a way as to impose higher energy efficiency standards than
those set forth in this section, then the new state or federal standards
shall supersede those set forth in this section.
(Ordinance 09-03, sec. 1, adopted 2009; Ordinance 10-32 adopted 2010)
A. Intent and purpose.
To improve water conservation and
water use efficiency of construction in the town. To help reduce monthly
water costs for homebuyers and tenants.
B. Water conservation system requirements.
The following
requirements apply to residential structures of three thousand (3,000)
square feet of heated floor area or more and commercial structures
of six thousand (6,000) square feet of heated floor area or more for
which a builder applies for a building permit at any time between
ninety (90) days after the enactment hereof and December 31, 2009,
and to all residential and commercial structures for which a builder
applies for a building permit at any time thereafter. Any such structure:
1. Must have a drip or underground irrigation system for any landscaping,
except for xeriscape landscaping. When this system is an irrigation
or reuse system, the system must comply with NMAC section 20.7.3.805.
2. All toilets must be either dual flush or another technology that
has the capacity to use less than or equal to 1.6 gallons per flush
(gpf) of municipal or potable groundwater.
C. Documentation.
The applicant must make water systems
available for inspection, if required or if requested by the town.
D. Provisions.
1. The requirements of this section are subject to the exemptions set forth in section
15.04.040.3 of this chapter and the alternative compliance option set forth in section
15.04.040.4 of this chapter.
2. In the event applicable state codes or federal requirements are changed
in such a way as to impose higher energy efficiency standards than
those set forth in this section, then the new state or federal standards
shall supersede those set forth in this section.
(Ordinance 09-03, sec. 2, adopted 2009)
The following projects are exempt from the requirements of sections
15.04.040.1 and
15.04.040.2 of this chapter:
A. Building
permit applications for commercial projects that are defined as Storage
Group S and Utility and Miscellaneous Group U under the most recent
edition of the International Building Code as adopted by the town.
B. Building
permit applications for zero carbon emission projects. The applicant
must provide proof from an electrical/mechanical engineer that the
project produces zero carbon emissions to qualify for this exemption.
C. Any
project or building that has been approved for a building permit and
the building permit has been issued by the town prior to the effective
dates set forth herein.
D. All
State of New Mexico owned buildings.
(Ordinance 09-03, sec. 3, adopted 2009)
A. Intent and purpose.
To promote energy efficiency and
water conservation and to provide a fund for low and moderate income
citizens who own and occupy their residence to receive energy and
water savings upgrades for their homes. The fund will be implemented
and managed in conformity with the anti-donation clause of the New
Mexico Constitution, article 9, section 14, the Affordable Housing
Act and the town affordable housing ordinance (Ordinance 05-03 [11-03])
and any provision of law or ordinance amending or replacing any of
these.
B. In-lieu fees; alternative method of compliance.
The requirement of sections
15.04.040.1 and
15.04.040.2 of this chapter can be alternatively met by payment of an in-lieu fee as specified below:
1. For residential projects, the in-lieu fee shall be as follows:
Square Feet of Heated Floor Area
|
Fee
|
---|
0 to 999
|
$1,333.00
|
1,000 to 1,999
|
$2,666.00
|
2,000 to 2,999
|
$5,332.00
|
3,000 to 5,999
|
$8,000.00
|
6,000 to 8,999
|
$16,000.00
|
9,000 to 11,999
|
$24,000.00
|
12,000 to 14,999
|
$32,000.00
|
For every additional three thousand (3,000) square feet or portion
thereof of heated floor area at or above fifteen thousand (15,000),
the fee shall be an additional eight thousand dollars ($8,000.00).
|
2. For commercial projects, the in-lieu fee shall be as follows:
Square Feet of Heated Floor Area
|
Fee
|
---|
0 to 999
|
$666.00
|
1,000 to 1,999
|
$1,333.00
|
2,000 to 2,999
|
$2,666.00
|
3,000 to 5,999
|
$4,000.00
|
6,000 to 8,999
|
$8,000.00
|
9,000 to 11,999
|
$16,000.00
|
12,000 to 14,999
|
$24,000.00
|
15,000 to 17,999
|
$32,000.00
|
18,000 to 20,999
|
$40,000.00
|
21,000 to 23,999
|
$48,000.00
|
24,000 to 29,999
|
$56,000.00
|
For every additional six thousand (6,000) square feet or portion
thereof of heated floor area at or above thirty thousand (30,000),
the fee shall be an additional eight thousand dollars ($8,000.00).
|
3. The in-lieu fee shall be paid as follows: Twenty-five percent (25%)
of fee must be paid to receive building permit, remainder of fee paid
to receive certificate of occupancy.
C. Fund.
All in-lieu fees paid to the town under this section
shall be deposited into a separate “high performance building
in-lieu fund” in a suitable financial institution. No monies
from the in-lieu fund may be expended except to improve water conservation
and/or energy efficiency in existing and future low and moderate income
residential units, to reduce building permit or other fees for the
construction of low or moderate income residential units, or to provide
counseling, assistance and educational materials for low and moderate
income persons in conformity with the Affordable Housing Act and town
affordable housing ordinance procedures and under guidelines to be
adopted by future ordinance(s).
(Ordinance 09-03, sec. 4, adopted 2009)
The town shall meet or exceed the requirements stipulated in sections
15.04.040.2 and
15.04.040.3 of this chapter in all new construction and remodels.
(Ordinance 09-03, sec. 5, adopted 2009)
The following definitions supplement definitions in the town
land use development code and town building code:
Carbon emissions (also carbon dioxide emissions).
Carbon dioxide (CO2) is a greenhouse gas that has been accumulating
at accelerated rates in Earth’s atmosphere and oceans during
the past one hundred fifty (150) years. Carbon dioxide emissions result
primarily from the combustion of petroleum, coal, and natural gas.
Data from the U.S. Energy Information Administration illustrates that
buildings in the U.S.A. are responsible for almost half (48 percent)
of all energy consumption and greenhouse gas emissions annually.
Fossil fuel energy.
Energy produced by burning hydrocarbons including primarily
coal, oil and natural gas.
Gray water.
Untreated household wastewater that has not come in contact
with toilet waste and that includes wastewater from bathtubs, showers,
washbasins, clothes washing machines and laundry tubs, but does not
include wastewater from kitchen sinks, dishwashers or laundry water
from the washing of material soiled with human excreta, such as diapers.
(Reference: Uniform Plumbing Code and NMAC.)
Gray water system.
A type of individual household water treatment or disposal
system that requires the owner or builder to secure an installation
permit from the local county health department prior to construction.
Systems range from simple, low cost piping installations to highly
complex and costly installations that treat gray water prior to disposal
using settling tanks, sand filters and other features to remove pollutants
and pathogens. (See illustration A, attached to the ordinance codified
herein.)
Green architecture.
The practice of increasing the efficiency with which buildings
use resources (energy, water and materials) while reducing building
impacts on human health and our environment during the building’s
life cycle, through better siting, design, construction, operation,
maintenance, and removal.
Heated floor area.
The total horizontal areas of all floors of all structures
on a lot, measured from the exterior faces of exterior walls that
are heated and therefore used as living space. Heated floor area excludes
any area not suitable for day-to-day human occupancy, such as vents,
shafts, balconies, porches, stairwells, garages and storage space.
(Reference: Town land use development code (LUDC).)
HERS (home energy rating system).
A systematic energy audit that provides a standard measurement
of a home’s energy efficiency called the HERS index. Homeowners
and professionals who want to upgrade a home’s energy efficiency
can use the HERS rating to evaluate and pinpoint specific, cost effective
improvements. For existing homes, homeowners can receive a report
listing cost effective options for improving the home’s energy
rating. A HERS rating allows a homebuyer to easily compare the energy
performance of the homes being considered. There are two (2) types
of ratings:
A.
Projected ratings: HERS ratings performed prior to the construction
of a new building or prior to implementation of energy efficiency
improvements to an existing building.
B.
Confirmed ratings: HERS rating performed on an actual building
with data gathered from an on-site inspection of the physical building,
not just data from plans or construction documents.
Confirmed HERS ratings involve an on-site inspection of a home
by a residential energy efficiency professional, a home energy rater.
Home energy raters are trained and certified by a Residential Energy
Services Network (RESNET) accredited home energy rater training provider.
The home energy rater reviews the home to identify its energy characteristics,
such as insulation levels, window efficiency, wall to window ratios,
the heating and cooling system efficiency, the solar orientation of
the home, and the water heating system. Performance testing, such
as a blower door test for air leakage and duct leakage, is usually
part of the rating. The data gathered by the home energy rater is
entered into a RESNET accredited computer program and translated into
rating score. The home receives a score between one and one hundred
(100), depending on its relative efficiency. An estimate of the home’s
energy costs is also provided in the report.
|
HERS certificate.
The document an applicant must submit to receive a building
permit and a certificate of occupancy.
LEED (Leadership in Energy and Environmental Design).
A third party certification program and the nationally accepted
benchmark for the design, construction and operation of buildings.
LEED gives building owners and operators the tools they need to have
an immediate and measurable impact on their building’s performance.
LEED promotes a whole building approach to sustainability by recognizing
performance in five (5) key areas of human and environmental health:
sustainable site development, water savings, energy efficiency, materials
selection and indoor environmental quality.
LEED checklist.
A checklist published by the U.S. Green Building Council
that provides the most current requirements to achieve LEED certification.
Live/work.
A mixed use structure consisting of a commercial and residential
use. The commercial function may be anywhere in the structure. It
is intended to be occupied by a business operator who lives in the
same structure that contains the commercial use.
Manufactured homes.
Homes built entirely in the factory under a federal building
code administered by the U.S. Department of Housing and Urban Development
(HUD). The federal Manufactured Home Construction and Safety Standards
(commonly known as the HUD code) went into effect June 15, 1976. Manufactured
homes may be single-or multi-section and are transported to the site
and installed. On-site additions, such as garages, decks and porches,
often add to the attractiveness of manufactured homes and must be
built to local, state or regional building codes.
Modular homes.
Factory built homes that are built to the state, local or
regional code where the home will be located. Modules are transported
to the site and installed.
Rainwater collection system.
Piping, containers and diversion systems used to collect
runoff from rainfall and snowmelt from surfaces such as roofs, patios,
and parking lots. The system typically provides water for on-site
use such as irrigation and toilet flushing. (See illustration B, attached
to the ordinance codified herein.)
Residential construction.
All single-and multi-family, detached units, casitas, townhomes,
condominiums, and live/work projects.
U.S. Conference of Mayors Climate Protection Agreement.
An agreement where supporting mayors in U.S.A. cities pledge
to reduce carbon dioxide emissions by seven percent (7%) below 1990
levels by 2012. As of 2008, this agreement is the only climate protection
agreement of its kind among elected officials in the U.S.A.
Xeriscape.
Refers to landscapes or to landscaping practices that do
not require supplemental irrigation water.
Zero carbon emission.
That the amount of energy provided by on-site renewable energy
sources is equal to the amount of energy used by the building for
operation. It does not include the emissions generated in the construction
of the building and the energy required to manufacture and supply
a product, material or service to the building site.
(Ordinance 09-03, sec. 6, adopted 2009)