New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 1 - GENERAL PROVISIONS › Section 14.5.1.9 - CONFLICTS

Current through Register Vol. 35, No. 13, July 16, 2024
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.