New Mexico Register / Volume XXXV, Issue 19 / October 8, 2024

NOTICE OF PUBLIC HEARING

The Construction Industries Commission will convene a public hearing for amendments to 14.7.2 NMAC - 2021 New Mexico Commercial Building Code and 14.7.3 NMAC - 2021 New Mexico Residential Building Code. The hearing will be held before a hearing officer, at which time any interested person is invited to submit data, views or arguments on the proposed changes, either orally or in writing and to examine witnesses testifying at the hearing. The hearing is scheduled for November 13, 2024.

The purpose of this public rule hearing is to receive public comments regarding the amendments to 14.7.2 NMAC and 14.7.3 NMAC updating the Commercial and Residential building codes.

The statutory authority for this rulemaking is found in the Construction Industries Licensing Act, Subsection F of Section 60-13-9 NMSA 1978.

The hearing is scheduled as follows:

An in-person hearing shall be held on Wednesday, November 13, 2024, at the Regulation and Licensing Department located at 5500 San Antonio Drive NE, Albuquerque, NM, starting at 9:30 a.m. The hearing will remain open until 10:00 a.m. or until participants have an opportunity to make public comment, whichever is longer.

Interested persons may obtain copies of the proposed rule changes by logging onto the Construction Industries Division website (https://www.rld.nm.gov/construction-industries) to download the proposed rules or by written request to the Albuquerque CID Office – Regulation and Licensing Department, 5500 San Antonio Drive NE, Albuquerque, NM 87109, attention: Lori Chavez.

You may send written comments to: Construction Industries Division, – Regulation and Licensing Department, 5500 San Antonio Drive NE, Albuquerque, NM 87109, Attention: Public Comments. Written comments may also be faxed to (505) 765-5670 or submitted to Lori Chavez at her email address: lori.chavez1@rld.nm.gov. All written comments must be received no later than 5:00 p.m., on Tuesday, November 12, 2024. You may also review submitted comments by requesting copies from Lori Chavez at her email address above. Public comments will be posted on the division’s website (https://www.rld.nm.gov/construction-industries). Written comments may also be received by the Commission at the in-person hearing until the hearing is closed. All public comment received shall be admitted into the record during the public hearing.

If you require special accommodations to attend the hearing, please notify CID by phone, email, or fax, of such needs as soon as possible to ensure adequate accommodations. Telephone: (505) 469-2728. Email: Lori.chavez1@rld.nm.gov; Fax No. (505) 765-5670.

Summary of the Proposed Changes to the Administrative Codes:

14.7.2 2021 New Mexico Commercial Building Code- Delete Section 310.4.1 of the IBC and substitute with the following: Care facilities for 12 or fewer persons receiving care that are within a single-family dwelling are permitted to comply with 14.7.3 NMAC. The requirements of the automatic sprinkler system will not be required if a primary and secondary exit are provided to a public way.

14.7.3 2021 New Mexico Residential Building Code-Delete Section AM 103.1 of the IRC and substitute with the following: If the occupant load of the residence is more than 12, including those who are residents, during the time of operation of the day care, two exits are required from the ground level story