TITLE 14 HOUSING
AND CONSTRUCTION
CHAPTER 7 BUILDING CODES GENERAL
PART 8
2021 NEW MEXICO
HISTORIC EARTHEN BUILDINGS
14.7.8.1 ISSUING AGENCY:
Construction Industries Division of the Regulation and Licensing
Department.
[14.7.8.1 NMAC - Rp, 14.7.8.1 NMAC, 11/15/2016]
14.7.8.2 SCOPE: This
rule applies to all historic earthen buildings contracting work performed in
New Mexico on or after 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, 7/14/2023]
14.7.8.3 STATUTORY AUTHORITY: Section
60-13-9 and 60-13-44 NMSA 1978.
[14.7.8.3 NMAC - Rp, 14.7.8.3 NMAC, 11/15/2016]
14.7.8.4 DURATION: Permanent.
[14.7.8.4 NMAC - Rp, 14.7.8.4 NMAC, 11/15/2016]
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 December 14, 2023, permits may be issued under either the previously adopted
rule, or this rule. After 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, 7/14/2023]
14.7.8.6 OBJECTIVE: The purpose of this rule is to establish
minimum standards for historic earthen buildings in New Mexico.
[14.7.8.6 NMAC - Rp, 14.7.8.6 NMAC, 11/15/2016]
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 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, 7/14/2023]
14.7.8.8 ENERGY CONSERVATION:
General. Historic earthen buildings undergoing
repairs, alterations, or change of occupancy are not required to comply with 14.7.6
NMAC or 14.7.9 NMAC.
[14.7.8.8 NMAC - Rp, 14.7.8.8 NMAC, 11/15/2016; A, 7/14/2023]
14.7.8.9 ROOF
DRAINAGE AND MOISTURE CONTENT OF WALLS:
A. General. Historic earthen buildings undergoing
repairs, alterations, or change of occupancy shall comply with this section.
B. Report. The roof drainage and the moisture content of
the walls of a historic earthen building
undergoing repair, alteration, or change of occupancy shall be investigated and
evaluated in a written report that shall be filed with the code official. The report shall identify where the roof
drainage system is deficient and what actions are necessary to correct those
deficiencies. When deemed necessary by
the code official, such report shall be prepared by a registered design
professional.
[14.7.8.9 NMAC - Rp, 14.7.8.9 NMAC, 11/15/2016]
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 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, 7/14/2023]
14.7.8.11 ALTERATIONS: General. In addition
to the provisions of this part, alterations to a historic earthen building
shall comply with 14.7.7 NMAC.
[14.7.8.11 NMAC - Rp,
14.7.8.11 NMAC, 11/15/2016; A, 7/14/2023]
14.7.8.12 CHANGE OF
OCCUPANCY: General. In addition to the provisions of this part,
historic earthen buildings undergoing a change of occupancy shall comply with 14.7.7 NMAC.
[14.7.8.12 NMAC - Rp, 14.7.8.12 NMAC, 11/15/2016; A, 7/14/2023]
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 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 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 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 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, 7/14/2023]
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.