New Mexico Register / Volume XXXIV, Issue 11 / June 13, 2023
This is an amendment to
14.5.2 NMAC, Sections 5, 9 and 14, effective 7/14/2023.
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, 07/14/2023]
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 [the exempt work section of the
currently adopted NMMC ] 14.9.2 NMAC.
D. Plumbing work. Refer to [the exempt work section of the
currently adopted NMPC] 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, 07/14/2023]
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 [4.5.2.16 NMAC] 14.5.2.16 NMAC.
[14.5.2.14 NMAC - Rp, 14.5.2.14 NMAC, 3/10/2022; A,
07/14/2023]