2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 18 - Powers of Municipalities › Section 3-18-6 - Building construction and restrictions; establishing fire zones.

A. Within its planning and platting jurisdiction, a municipality may by ordinance:
(1) prescribe standards for constructing and altering buildings;
(2) prescribe the distance a building may be built from the street line;
(3) regulate the construction of partition fences and party walls; and
(4) have exclusive enforcement over permits issued by the municipality when enforced by an approved inspector.
B. A municipality may establish fire zones and prohibit within these zones the construction or addition of structures which do not meet the fire resistance ratings or standards established for each zone.
C. The provisions of Subsection A of this section shall not apply:
(1) to construction specifically exempted by the Construction Industries Licensing Act [Chapter 60, Article 13 NMSA 1978] or regulations adopted pursuant thereto; or
(2) to territory outside the boundary of a municipality if a county by ordinance prescribes standards for constructing and altering buildings.
History:
1953 Comp., § 14-17-5, enacted by Laws 1965, ch. 300; 1971, ch. 256, § 1.
ANNOTATIONS
Cross references.
— For adoption of building code by reference in ordinance,
see
3-17-6 NMSA 1978.
For adoption of fire prevention code by reference in ordinance,
see
3-17-6 NMSA 1978.
For planning and platting generally,
see
3-19-1 NMSA 1978 et seq.
For planning and platting of subdivisions,
see
3-20-1 NMSA 1978 et seq.
For zoning regulations,
see
3-21-1 NMSA 1978 et seq.
Fire limit ordinance was not unreasonable
merely because it permitted the abatement of something which otherwise might not be considered a nuisance per se.
Town of Gallup v. Constant
, 1932-NMSC-036, 36 N.M. 211, 11 P.2d 962.
Restrictions on municipal permitting or inspection.
— The construction industries division of the regulation and licensing department does not have the authority to place special requirements on a local jurisdiction's approval of construction permits or inspection of construction projects. 2011 Op. Att'y Gen. No. 11-06.
Failure to adopt temporary or permanent CID program requirements.
— The construction industries division of the regulation and licensing department does not have the authority to refuse inspection services to a local jurisdiction because the local jurisdiction failed to adopt temporary or permanent CID program requirements for the approval of construction permits or inspection of construction projects. 2011 Op. Att'y Gen. No. 11-06.
Employment of inspectors by local jurisdictions.
— The construction industries division of the regulation and licensing department does not have control over the localities in which an otherwise qualified and certified inspector may conduct inspections. The CID does not have the authority to require employment with a local jurisdiction as a condition for certification of a local inspector, approve or deny certification of a certified inspector solely because that inspector relocates to a different local jurisdiction, restrict the activities of a certified inspector to a specified local jurisdiction, prohibit one local jurisdiction from using the inspection services of a certified inspector who is employed by another local jurisdiction, or prohibit or restrict a local jurisdiction from using the inspection services of a certified inspector who is an independent contractor. 2011 Op. Att'y Gen. No. 11-06.
CID authority over local inspectors.
— The construction industries division of the regulation and licensing department has the authority to inspect the activities of certified inspectors employed by local jurisdictions, revoke or suspend the certification of local inspectors, and require certified local inspectors to renew their certification. 2011 Op. Att'y Gen. No. 11-06.
CID authority to create categories of certification of inspectors.
— The construction industries division of the regulation and licensing department has the authority to create different categories of certification with different certification standards based on an inspector's status as a state or local inspector. 2011 Op. Att'y Gen. No. 11-06.
Exemption of state institution.
— A state institution is not subject to the building regulations of the municipality in which the state building may be located. 1953 Op. Att'y Gen. No. 53-5847.
Law reviews.
— For note, "County Regulation of Land Use and Development," see 9 Nat. Resources J. 266 (1969).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 13 Am. Jur. 2d Buildings §§ 19, 43.
Power to forbid or restrict repair of wooden building within fire limits, 56 A.L.R. 878.
General duty regarding safety of building, construction and application of statutes imposing upon employer or owner, 101 A.L.R. 408.
Violation of statute or ordinance regarding safety of building or premises as creating or affecting liability for injuries or death, 132 A.L.R. 863.