N.M. Admin. Code § 14.5.1.9

Current through Register Vol. 35, No. 21, November 5, 2024

Section 14.5.1.9 - CONFLICTS

A.Between current New Mexico construction codes. When the provisions of one New Mexico construction code specifies different materials, methods, construction, or requirements than another New Mexico construction code s, the general rule of legal interpretation shall be applied that the most specific provision shall govern over more general provisions.

B. Title 14 NMAC is recognized as the state minimum standards. An AHJ may enact ordinances that are stricter than the state adopted minimum codes. If a conflict arises between the TBC and the CBO of an AHJ regarding compliance with a particular state adopted minimum code, the determination of the TBC shall control. The interpretation of an AHJ ordinance beyond the requirements of the state adopted minimum codes is the sole authority of the CBO of the AHJ

C.With prior New Mexico construction codes. The code adopted at the time a structure is built or modified governs. If modifications are made under a subsequent code, that code governs the areas modified. If all or any part of the structure is determined to be unsafe, 14.5.1.12 NMAC shall apply.

D.Between current New Mexico construction codes and codes adopted by other state agencies. The NMRBC and the NMCBC establish the type of structure, the design, construction and the occupancy classification of a building. These codes shall govern over any codes concerning construction adopted by other agencies which conflict as to type of structure, the design, construction and the occupancy classification. The construction codes adopted and enacted by the CID shall govern if the construction is specifically required in the enacted code.

E.With requirements of other agencies. All licensees, qualifying par t ies and journeymen must follow all regulatory agency laws when said agency has jurisdiction over certain aspects of a project. These may include, but are not limited to, compliance with fire code standards enforced by the state fire marshal, any local fire code enforcement agency; or any other applicable code or standard enforced by the state environment department; the state health department, state human services department; transportation department, the public regulation commission; homeland security and emergency management department, the governor's committee on the concerns of the handicapped; historical authorities; and local zoning, and floodplain.

F.With referenced and incorporated codes and standards. The provisions of any published code or standard referenced in the CID rules shall be deemed to be incorporated into and made part of the CID rules, including all modifications and amendments to the referenced codes and standards. If the reference results in a conflict between the provision of the published code or standard and the CID rules, the CID rules shall govern.

N.M. Admin. Code § 14.5.1.9

14.5.1.9 NMAC - Rp, 14.7.2.8 NMAC, 14 NMAC 9.2.8, 14 NMAC.9.2. I.100, 14 NMAC 9.2.II.100 & 14.10.4.10 NMAC 7-1-04; A, 10-24-08; A, 01-28-11, Adopted by New Mexico Register, Volume XXVII, Issue 21, November 15, 2016, eff. 11/15/2016, Adopted by New Mexico Register, Volume XXXIII, Issue 03, February 8, 2022, eff. 3/10/2022