N.M. Admin. Code § 14.5.2.18

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

Section 14.5.2.18 - HOMEOWNER'S PERMIT

A. A homeowner permit allows homeowners to obtain permits for constructing or altering their primary residence without becoming a licensed contractor is strictly limited to construction and alteration of their primary residence. Any other use of a homeowner's permit shall result in cancellation of the current homeowner permit and denial of any subsequent request for a homeowner permit.

B. The homeowner licensing exemption requires conformity with CILA, its rules, standards and codes. This includes a homeowner acting as a general contractor for the project.

C. The homeowner's permit authorizes the homeowner to physically perform the work, alone or with legal employees, or act as a general contractor and subcontract portions of the work to licensed contractors. In order to qualify for the homeowner permit the major portion of the work to be performed, based on dollar amount, must be completed by the homeowner.

D. A homeowner may apply for a homeowner's building, plumbing or electrical permit to construct a residence or to remodel or construct an addition to an existing residence. A homeowner's permit may only be issued to a property owner and only for the property owner's primary residence occupied or intended to be occupied by the homeowner. A permit is required for all construction related work for which a permit is required by statute or rule.

E. Homeowner's permits are limited to single-family dwellings, appurtenant structures to single-family dwellings such as private garages, carports, and sheds and are issued only to the property owner providing proof of ownership. All homeowner permit applications are subject to approval by the AHJ.

F. A person applying for a homeowner's permit in order to construct or alter a primary, personal residence in accordance with Paragraph (10) of Subsection D of CILA, Section 60-13-3 NMSA 1978 must provide the following to the AHJ:

(1) A completed AHJ approved homeowner permit application.

(2) A signed and notarized homeowner's permit responsibility sheet acknowledging legal responsibility, verification of the major portion of the work based on dollar amount being completed by the homeowner and the liability of the homeowner for the construction that is completed by subcontractors.

(3) A signed acknowledgement of receipt of the instructions form for obtaining a homeowner permit.

(4) Zoning approval from the local planning and zoning department.

(5) Flood plain determination from the local flood plain department.

(6) Proof of identity and ownership of the property for which the permit is sought.

(7) Payment of all required fees.

G. The AHJ shall issue separate homeowner's permits for general building construction, mechanical/plumbing and electrical work as appropriate. Each permit authorizes work at the primary residence only and does not apply to rental property, other owned property or to any commercial work or property.

H. The homeowner is responsible for requesting inspections, correcting code violations and requesting required re-inspections to obtain a certificate of occupancy or final inspection as applicable. If the homeowner has hired sub-contractor(s) to complete the plumbing, mechanical and electrical work, the sub-contractor(s) remains responsible for obtaining permits, requesting inspections and correcting code violations and requesting required re-inspections prior to the homeowner being able to obtain a certificate of occupancy or final inspection.

I. The homeowner building permit limits the homeowner to perform the work authorized by the permit personally or with employees paid by the homeowner and issued a W-2 form, or to subcontract a portion of the work while self-performing a significant portion of the work.

J. All work subcontracted must be subcontracted to licensed contractors who must apply for the appropriate permits for their work and pass all required inspections.

K. A homeowner's permit is not valid and may not be used to permit a project for which a GB-2 or GB-98 licensed contractor is contracted to manage, supervise or act as the general contractor for a project. If a homeowner's permit has been issued for such a project it shall become invalid and the contractor acting as the general contractor must obtain the appropriate building permits and shall be responsible for all work performed at this site including subcontracted work.

L. Single-scope projects, including but not limited to, roofing or window installations are not eligible for a homeowner's permit if the work is to be subcontracted and is not performed by the homeowner, either personally or with the aid of valid employees who are issued a W-2 form.

M. A homeowner may apply for a homeowner's permit for plumbing work by complying with Subsection D and by demonstrating sufficient knowledge as determined by the appropriate TBC or CBO. The TBC or CBO shall determine minimum competency by reviewing plans submitted by the homeowner for the proposed work. Completion of a written examination with a minimum passing score of seventy-five percent may be required. Failed examinations may not be repeated sooner than 30 days after the date of the failed exam. Plumbing work pursuant to the homeowner permit shall be performed only by the permittee.

N. A homeowner may apply for a homeowner's electrical permit by complying with Subsection D and submitting plans or drawings showing the electrical equipment on the floor plan and the panel schedule. Once the plans are approved, the permit may be issued to the homeowner only if the homeowner passes the electrical exam for homeowners, with a minimum passing score of seventy-five percent, administered by CID. Failed examinations may not be repeated sooner than 30 days after the date of the failed exam. Electrical work pursuant to the homeowner permit shall only be performed by the permittee.

O. A homeowner's permit shall not be issued for HVAC, natural gas or LP gas installations. All such work, except LP gas installations, shall require a properly licensed contractor and shall be permitted and inspected pursuant to the requirements of the AHJ. LP gas installations shall require a properly licensed contractor and shall be permitted and inspected pursuant to the requirements of the LP gas trade bureau.

P. Homeowner's permit projects may not be placed on the market for sale while under construction. Such an action violates the requirements of Paragraph (10) of Subsection D of CILA, Section 60-13-3 NMSA 1978, and will result in the automatic voiding of the permit by the AHJ. A violation may also result in initiation of unlicensed contracting charges against the homeowner in accordance with the requirement of CILA Section 60-13-52 NMSA 1978.

Q. No more than one homeowner's permit for a single-family dwelling shall be issued to the same property owner within any 12-month period.

N.M. Admin. Code § 14.5.2.18

14.5.2.18 NMAC - Rp, 14.5.2.10 NMAC & 14.7.2.10 NMAC, 7-1-04; A, 1-1-08, 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