CHAPTER 151
BUILDING REGULATIONS
Section
151.04 Compliance with construction standards
151.05 Application; jurisdiction
151.06 Plans; approval and changes
151.09 Administration and enforcement
151.01 ADOPTION.
The city hereby adopts the Building Plan Review Code.
(’87 Code, § 9-4-1) (Ord. 82-33; Am. Ord. 84-120; Am. Ord. 90-018; Am. Ord. 93-007)
151.02 TITLE.
This chapter shall be known as the “Building Regulations Chapter,” may be cited as such, and will be referred to herein as “this chapter,” “the chapter” or “chapter.”
(’87 Code, § 9-4-2) (Ord. 82-33; Am. Ord. 84-120; Am. Ord. 90-018; Am. Ord. 93-007)
151.03 PURPOSE.
The purpose of this chapter is to provide for the administrative review and approval of all plans for proposed new buildings and structures, additions to existing buildings and structures, and renovations of existing buildings and structures within the zoning jurisdiction of the city, prior to issuance of a state building permit, to insure compliance with the zoning, soil erosion and flood control regulations of the city.
(’87 Code, § 9-4-3) (Ord. 82-33; Am. Ord. 84-120; Am. Ord. 90-018; Am. Ord. 93-007)
151.04 COMPLIANCE WITH CONSTRUCTION STANDARDS.
(A) No part of this chapter shall relieve the applicant from compliance with all requirements of the New Mexico Uniform Building Code.
(B) That certain documents, three copies of which are on file and are open for inspection by the public in the City Development Department, Division of Building Inspection, are marked and designated as:
(1) Uniform Building Code (current edition adopted by the State of New Mexico), published by the International Conference of Building Officials, including the Generic Fire-Resistive Assembles listed in the Fire Resistance Design Manual (current edition adopted by the State of New Mexico), published by the Gypsum Association, as reference in Tables 43A, 43B, and 43C; also reference Appendix Chapter 25, if adopted, of the Specified Uniform Building, including Appendix Chapters U.B.C., Section 103, Appendix Chapter 51; an additional reference to ANSI/ASME A17-1; (current edition adopted by the state) Safety Code for Elevators and Escalators; Appendix Sections 5109 and 5111(1);
(2) Uniform Building Standards (current edition adopted by the state), published by the International Conference of Building Officials, including Structural Welding Code, Reinforcing Steel AWS DI 4-78, U.B.C. Standard No. 26-8(ii); Structural Welding Code, Sheet Steel ANSI/AWS D1, 3-8 U.B.C. Standard No. 27-16, published by American Welding Society, Inc.; and Standard for the Installation of Sprinkler Systems, NFPA 13-1980, published by the International Fire Protection Association (U.B.C.), Standard No. 38-1, as modified or amended in the Uniform Building Standards Code reference herein;
(3) New Mexico Building Code (current edition);
(4) Uniform Mechanical Code (current edition adopted by the state);
(5) New Mexico Mechanical Code (current edition);
(6) Uniform Plumbing Code (current edition adopted by the state);
(7) New Mexico Plumbing Code (current edition);
(8) National Electrical Code (current edition adopted by the state);
(9) New Mexico Electrical Code (current edition);
(10) Off-Site Conventionally Built Modular-Manufactured Unit Standards (current edition);
(11) Uniform Swimming Pool, Spa and Hot Tub Code (current edition adopted by the state);
(12) Uniform Energy Conservation Code (current edition adopted by the state);
(13) Uniform Fire Code (current edition adopted by the state); and
(14) New Mexico Standard Specifications for Public Works Construction (current edition).
(C) The above-referenced codes are hereby adopted as the construction standards of the city for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures in the city, providing for issuance of permits and collection of fees therefor; and each and all the regulations, provisions, conditions and terms of the Uniform Building Code (current edition adopted by the state) and Uniform Building Code Standards (current edition adopted by the state), published by the International Conference of Building Officials, and the secondary publications referenced above, all of which are on file in the City Development Department, are hereby referred to, adopted and made part hereof, as if fully set out in this chapter.
(’87 Code, § 9-4-4) (Ord. 82-33; Am. Ord. 84-120; Am. Ord. 90-018; Am. Ord. 93-007)
151.05 APPLICATION; JURISDICTION.
(A) All plans of proposed new buildings and structures, additions to existing buildings and structures, and renovations of existing buildings and structures within the zoning jurisdiction of the city shall be reviewed, prior to the issuance of a state building permit, by the City Development Department of the city, to check compliance of the proposed plan with the zoning, soil erosion and flood control regulations of the city. (’87 Code, § 9-4-5)
(B) Buildings or structures moved into the zoning jurisdiction of the city shall be subject to all the regulations of this chapter. (’87 Code, § 9-4-6)
(Ord. 82-33; Am. Ord. 84-120; Am. Ord. 90-018; Am. Ord. 93-007)
151.06 PLANS; APPROVAL AND CHANGES.
(A)(1) All plans submitted to the City Development Department shall be accompanied by a completed application.
(2) Three sets of plans and specifications shall be submitted to the City Development Department. The City Development Department may, within limitation of state laws, require that plans and specifications be designed, prepared and sealed by a registered architect and/or engineer licensed by the state to practice as such, in which case their seal shall be affixed to each sheet of the drawings.
(3) Two sets of the plans and specifications shall be stamped with the city seal of approval, and shall be returned to the applicant for submission to the Construction Industries Division for issuance of a building permit.
(4) One set of plans and specifications stamped and dated shall be retained by the city.
(5)(a) Plans and specifications shall be drawn to scale upon substantial paper or generally accepted material and shall be of sufficient clarity to indicate the nature and extent of the work proposed. It must be shown in detail that the project will conform to the provisions of this chapter and all applicable laws and ordinances.
(b) Any specifications or general expression the “work shall be done in accordance with the Uniform Building Code” or “to the satisfaction of the General Construction Code” shall be deemed inadequate and incomplete.
(c) Plans shall include a plot plan showing the location of the proposed building and of every existing building on the property along with the measurements of distances between buildings and from streets and property lines for the purpose of determining compliance with this chapter.
(6) All plans (residential and nonresidential, new construction and additions) for project sites which require septic systems or those involving a food service operation shall obtain New Mexico Environmental Department approval prior to submittal to the City Development Department and issuance of building permits.
(’87 Code, § 9-4-7)
(B) No changes or deviation affecting the building, structure or site improvements of any kind shall be made after the plans are approved unless new and adequate information is submitted to and approved by the City Development Department. (’87 Code, § 9-4-8)
(Ord. 82-33; Am. Ord. 84-120; Am. Ord. 90-018; Am. Ord. 93-007)
151.07 APPEALS.
(A) Any person aggrieved by an interpretation, decision or action of the City Development Department in the administration of this chapter may appeal the interpretations, decisions or actions by filing a written complaint, which shall contain a brief statement of the interpretation, decision or action of the City Development Department to be reviewed and a concise statement of the grounds upon which the appellant relies to support his claim for relief. Such appeals of administrative actions will be as outlined in Title XV, Land Usage, Chapter 150, General Provisions, Article I, Administration and Enforcement, Section 150.08, Appeals.
Appeals of technical applications or interpretations will be made to the New Mexico Construction Industries within 30 days of the final decision.
(’87 Code, § 9-4-10) (Ord. 82-33; Am. Ord. 84-120; Am. Ord. 90-018; Am. Ord. 93-007; Am. Ord. 18-28)
151.08 FEES.
Fees shall be as set from time to time by city ordinance or resolution.
(’87 Code, § 9-4-9) (Ord. 82-33; Am. Ord. 84-120; Am. Ord. 90-018; Am. Ord. 93-007)
151.09 ADMINISTRATION AND ENFORCEMENT.
(A)(1) Whenever any construction is being done contrary to the provisions of this chapter, the City Development Department may order the work stopped by notice in writing served on any person engaged in doing or causing the work to be done. The person so notified shall stop work until authorized by the City Development Department to proceed with the work. The stop order shall be effective only to that portion of the construction being performed contrary to the provisions of this chapter and does not preclude the continuation of construction not directly related to or affected by the alleged violation.
(2) Whenever any structure is being used contrary to the provisions of this chapter, the City Development Department may order the use discontinued and the structure, or portion thereof, vacated, by written notice stating the violation, served on any person causing the use to be continued, the person shall discontinue the use within 15 days after receipt of the notice or make the structure, or portion thereof, comply with the requirements of this chapter. If compliance with the notice is not adhered to, the City Development Department shall take the appropriate legal action to terminate the use.
(3) Any person aggrieved by the decision of the City Development Department may appeal through the procedures set out in this chapter under § 151.07.
(’87 Code, § 9-4-11)
(B)(1) Reports and records.
(a) The City Development Department shall submit a monthly report to the Planning and Zoning Board covering the work of the office of building plan review during the preceding month. The City Development Department shall further submit to the Planning and Zoning Board an annual report incorporating a summary of the aforementioned monthly reports.
(b) The City Development Department shall keep a permanent, accurate account of all fees and other monies collected, including name, date and amount, together with the location of the building, or structure to which they relate.
(2) Liability. The City Development Department charged with the enforcement of this chapter, acting in good faith and without malice for the city in the discharge of its duties, shall not thereby render itself liable personally; and it is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of its duties. Any suit brought against the City Development Department, because of the act or omission performed by it in the enforcement of any provisions of this chapter, shall be defended by an attorney designated by the city until final termination of the proceedings.
(’87 Code, § 9-4-12)
(C) All inspections, other than those pertaining to the requirements of this chapter, shall be conducted by the authorized state inspectors according to the requirements of the Uniform Building Code of the state. (’87 Code, § 9-4-13)
(D) A copy of this code is on file in the City Clerk’s office and is available for inspection by the public during regular business hours. (’87 Code, § 9-4-14)
(Ord. 82-33; Am. Ord. 84-120; Am. Ord. 90-018; Am. Ord. 93-007)
151.99 PENALTY.
(A) Any person violating any of the provisions of this chapter or failing or neglecting to comply with any orders issued pursuant to any section thereof shall upon conviction be subject to a fine not exceeding $500, or by imprisonment not exceeding 90 days, or both the fine and imprisonment. Any violation continued for a period of 15 days after conviction shall be prosecuted and treated as a separate offense.
(B) Violations of any standard adopted in § 151.04 shall be assessed as described in that standard, following any and all procedures listed in that standard. Investigation and correction of the violations shall be administered by the City Development Department, Building Inspection Division.
(C) Failure to obtain the necessary building, electrical, mechanical, plumbing or other secondary permits shall result in a double fee.
(’87 Code, § 9-4-16) (Ord. 82-33; Am. Ord. 84-120; Am. Ord. 90-018; Am. Ord. 93-007)