New Mexico Register / Volume
XXXIV, Issue 11 / June 13, 2023
This is an amendment to 14.7.8 NMAC, Part
name change and Sections 2, 5, 7, 8, 10, 11, 12 and 13, effective 07/14/2023.
TITLE 14 HOUSING
AND CONSTRUCTION
CHAPTER 7 BUILDING CODES GENERAL
PART 8 [2015]
2021 NEW MEXICO HISTORIC EARTHEN BUILDINGS
14.7.8.2 SCOPE: This
rule applies to all historic earthen buildings contracting work performed in
New Mexico on or after [November 15, 2016] December 14, 2023 that is subject to the jurisdiction of CID, unless
performed pursuant to a permit for which an application was received by CID
before that date.
[14.7.8.2 NMAC – Rp,
14.7.8.2 NMAC, 11/15/2016; A, 07/14/2023]
14.7.8.5 EFFECTIVE DATE: November 15, 2016, 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 [July 1, 2017] December 14, 2023, permits may be issued
under either the previously adopted rule, or this rule. After [July 1, 2017] December 14,
2023, permits may be issued only under this rule.]
[14.7.8.5 NMAC - Rp,
14.7.8.5 NMAC, 11/15/2016; A, 07/14/2023]
A. Alteration. As
used in this chapter, alteration applies to those changes necessary to return a
historic earthen building to a documented or physically
evidenced historic condition.
Alterations that are not necessary to return a building to a documented
historic condition or that involve more than fifty percent of the aggregate
area of the building shall comply with the applicable provisions of [the New
Mexico Existing Building Code] 14.7.7 NMAC.
B. Dangerous. Any
building or structure or any individual member with any of the structural
conditions or defects described below shall be deemed dangerous.
(1) The stress in a member or
portion thereof due to all factored dead and live loads is more than one and one
third the nominal strength allowed in the applicable New Mexico Building Code
for new buildings of similar structure purpose, or location.
(2) Any portion,
member, or appurtenance likely to fail, or to become detached or dislodged, or
to collapse and thereby injure persons.
(3) Any portion of a building, or any
member, appurtenance, or ornamentation on the exterior, is not of sufficient
strength or stability, or is not anchored, attached, or fastened in place, so
as to be capable of resisting a wind pressure of two thirds of that specified
in the applicable New Mexico Building Code for new buildings of similar
structure, purpose, or location without exceeding the nominal strength
permitted in the applicable New Mexico Building Code for such buildings.
(4) The building, or any portion of the
building, is likely to collapse partially or completely because of
dilapidation, deterioration, or decay; the removal, movement, or instability of
any portion of the ground necessary for the purpose of supporting such
building; the deterioration, decay, or inadequacy of its foundation; damage due
to fire, earthquake, wind, or flood; or any other similar cause.
(5) The exterior wall or other vertical
structural members list, lean, or buckle to such an extent that a plumb line
passing through the center of gravity does not fall inside the middle one third
of the base.
C. Qualified historic earthen building. Any earthen building or structure that is (1)
listed in the national register of
historic places or the state register
of cultural properties; (2) designated as a historic building or structure
by a state or local register, inventory, or survey; (3) certified as a
contributing resource within a national or state register listed, or locally
designated historic district; or (4) a building or structure that is certified,
in writing by the state historic preservation office, as being eligible for
listing in the national register of historic places or the state register of cultural
properties either individually or as a contributing building to a historic
district.
D. Registered design professional. An architect or an
engineer registered or licensed in the state of New Mexico.
E. Repair.
Renewal, renovation, or rehabilitation of an existing building or
structure for the purpose of its continued use.
[14.7.8.7 NMAC - Rp,
14.7.8.7 NMAC, 11/15/2016; A, 07/14/2023]
14.7.8.8 ENERGY CONSERVATION: General. Historic earthen buildings undergoing
repairs, alterations, or change of occupancy are not required to comply with [the
New Mexico Energy Conservation Code] 14.7.6 NMAC or 14.7.9 NMAC.
[14.7.8.8 NMAC - Rp,
14.7.8.8 NMAC, 11/15/2016; A, 07/14/2023]
A. General. Repairs to
any portion of a historic earthen building shall be
permitted with original or like materials and original methods of construction,
subject to the provisions of this chapter.
B. Dangerous buildings.
When a historic earthen building is determined to be dangerous, as defined
herein, no work shall be required except as necessary to correct the identified
unsafe condition(s).
C. Replacement.
Replacement of existing or missing features using original materials
shall be permitted. Partial replacement
for repairs that match the original in configuration, height, and
size shall be permitted. Such
replacements shall not be required to meet the materials and methods
requirements for new construction.
D. Replacement glazing.
Replacement glazing in hazardous locations shall comply
with the safety glazing requirements of [Chapter 24 of the New Mexico
Commercial Building Code or Section R308 of the New Mexico Residential Building
Code] 14.7.2 NMAC and 14.7.3 NMAC.
E. Exterior and interior finishes. The use of historic exterior or interior
finishes may be continued provided that the materials and their
methods of application are specified in a report or plan and presented to the
code official. When deemed necessary by
the code official, such report or plan shall be prepared by a registered design
professional.
[14.7.8.10 NMAC - Rp,
14.7.8.10 NMAC, 11/15/2016; A, 07/14/2023]
14.7.8.11 ALTERATIONS: General. In addition
to the provisions of this part [chapter], alterations to a
historic earthen building shall comply with [Sections 1103
and 1104 of the New Mexico Existing Building Code] 14.7.7 NMAC.
[14.7.8.11 NMAC - Rp,
14.7.8.11 NMAC, 11/15/2016; A, 07/14/2023]
14.7.8.12 CHANGE
OF OCCUPANCY: General. In addition
to the provisions of this part [chapter], historic earthen
buildings undergoing a change of occupancy shall comply with [Sections 1201.2,
1201.3, and 1001.2.2 of the New Mexico Existing Building Code] 14.7.7
NMAC.
[14.7.8.12 NMAC - Rp,
14.7.8.12 NMAC, 11/15/2016; A, 07/14/2023]
A. General. Historic
earthen buildings undergoing repairs, alterations, or a change of occupancy
shall comply with the applicable provisions of this section.
B. Intent. It is
the intent of this section to preserve the integrity of qualified historic
earthen buildings while providing a reasonable level of safety for the building
users.
C. Report. The
structural condition of a historic earthen building undergoing
repairs, alterations, or change of occupancy shall be investigated and
evaluated in a written report that shall be filed with the code official. When deemed necessary by the code official,
the report shall be prepared by a registered design professional.
D. Unsafe structural elements. Where it is determined that a component or a
portion of a building or structure is dangerous, as defined herein, and is in need of repair, strengthening, or replacement, only
that specific component or portion shall be required to be
repaired, strengthened, or replaced.
E. Reduction of strength. Alterations shall not reduce the structural
strength or stability of the building, structure, or any member thereof.
F. Repairs and alterations. Where the report finds
that the majority of the existing building is in sound
structural condition and capable of supporting the use for which it is
intended, structural repairs and alterations shall be permitted with original
or like materials and original methods of construction, subject to the
provisions of this section.
G. Roofs. Earthen
roofs may be repaired and their use continued where
the structural report indicates that the supporting structure will adequately
support the earthen material load and any additional materials
introduced for repair to the earthen roof.
A plan specifying materials used to repair an
earthen roof and the method of application of such materials shall be prepared
by a registered design professional and presented to the code official. Exception. Subject to the approval of the
code official, the requirement for a plan prepared by a registered design
professional may be waived for minor repairs where the structural report
indicates adequate support and where the repairs continue the use of the existing
historic material and construction details, and where any drainage deficiencies
have been corrected.
H. Bond beams.
(1) When a wall is being replaced or is in need of substantial repair, and the existing building
has no bond beam, provisions shall be made for adequately
distributing any concentrated loads from the roof structure into the wall. When deemed necessary by the code official,
such provisions shall be detailed by a registered design professional.
(2) Where the original roof structure is
removed from more than fifty percent of the aggregate area of the building, a
continuous bond beam shall be provided in accordance with the requirements of
this code for new construction.
I. Walls. Walls
that are being reconstructed or replaced shall be
constructed in accordance with the maximum height-to-thickness ratios specified
in [Table A1-g of the 2015 New
Mexico Existing Building Code]
Table A1-G of 14.7.7 NMAC. Minor repairs and infills may be
constructed in a manner similar to the original
walls without conforming to the requirements of Table A1-G.
J. Foundations.
Foundations constructed of historic materials may be repaired and their
use continued when a design prepared by a registered design professional is
provided to the code official and any deficiencies in the roof
drainage system have been corrected. Exception.
Subject to the approval of the code official, the requirement for a
design prepared by a registered design professional may be waived for minor
repairs to otherwise sound foundations.
K. Change of occupancy.
A change of occupancy to a historic earthen building shall be allowed to
comply with the provisions of this section for repairs and alterations subject
to the conditions listed below. A change
of occupancy not meeting these conditions shall comply with [the
New Mexico Existing Building Code] 14.7.7 NMAC.
(1) The calculated occupant load of the
new use does not exceed 299.
(2) The change of occupancy does not
result in the building being placed in a higher seismic, wind,
or occupancy category based upon Table
1604.5 of [the 2015 New Mexico Commercial Building Code] 14.7.2
NMAC.
(3) The change of occupancy does not
result in an increase of more than five percent in uniform or
concentrated loads based on Tables 1607.1 of [the 2015 New Mexico Commercial Building Code] 14.7.2
NMAC. Exception. The code official is authorized to accept existing
floors and approve operational controls that limit the live loads on such
floors.
[14.7.8.13 NMAC - Rp, 14.7.8.13 NMAC, 11/15/2016; A, 07/14/2023]
HISTORY OF 14.7.8
NMAC:
Pre-NMAC History: None.
History of
Repealed Material:
14.7.8 NMAC, 2003
New Mexico Historic Earthen Buildings (filed 1/3/2006) repealed 1/1/2008.
14.7.8 NMAC, 2009
New Mexico Historic Earthen Buildings (filed 12/28/2010) repealed 11/15/2016.
Other History:
14.7.8 NMAC, 2003
New Mexico Historic Earthen Buildings (filed 1/3/2006) was replaced by 14.7.8
NMAC, 2006 New Mexico Historic Earthen Buildings, effective 1/1/2008.
14.7.8 NMAC, 2009
New Mexico Historic Earthen Buildings (filed 12/28/2010) was replaced by 14.7.8
NMAC, 2015 New Mexico Historic Earthen Buildings, effective 11/15/2016.