N.M. Admin. Code § 10.25.5.19

Current through Register Vol. 35, No. 19, October 8, 2024

Section 10.25.5.19 - CODE REQUIREMENTS FOR EXISTING BUILDINGS AND STRUCTURES

For purposes of this section, "constructed" shall mean that the contractor has begun any substantial portion in the design, permitting or building of a building or structure. A change in occupancy requires approval from the appropriate building code official. All new construction, alteration, repair, and additions require adherence to applicable building codes and laws.

A.Existing buildings and structures.

(1) Upon an inspection being conducted by the FM, an owner or contractor is not required to renovate or adapt an existing building or structure to comply with the currently-adopted NMFC, but shall comply with the requirements in place when the existing building or structure was constructed. See IFC, Section 104.

(2) Following the adoption of this provision, an existing structure or part of a structure that changes its occupancy classification, however done, must comply with the currently-adopted NMFC.

(3) Following the adoption of this provision, an existing fire protection system that is replaced, repaired, or altered by the FM, whose classification has not changed, shall comply with the currently-adopted NMFC. The system shall comply with the currently-adopted New Mexico Existing Building Code.

(4) Fire protection systems constructed prior to November 15, 2007, which fall under NFPA 1, 1997 edition, and NFPA 101, 1997 edition, shall be required to have a permit using the requirements of the currently-adopted NMFC, section 105, for the installation of any new, altered, remodeled, repaired or partial fire protection system.

(5) Fire protection systems plans which were initially submitted to the AHJ for review under the currently-adopted NMFC as per the requirements for new construction under Subsection B of 10.25.2.19 NMAC will be inspected per the currently-adopted NMFC.

B.New construction. Any new building, new alteration, new addition, or new structure after the effective date of the adoption of the currently-adopted NMFC shall comply with the currently-adopted NMFC.

C.Variance. The SFM may grant a variance from any of the requirements of this subsection if the applicant demonstrates to the SFM's satisfaction that the variance sought does not degrade the overall protection of individuals from fire and similar emergencies.

D.Hazard to life or property. Notwithstanding any other provision of these rules, if the FM or AHJ determines that a nonconforming facility constitutes an immediate hazard to life or property, the FM or AHJ shall so notify the contractor or owner of the facility in writing, and shall permit the contractor a reasonable period of time to comply with current rules. If the contractor does not comply with the notification and its requirements within the time specified, the FM or AHJ may order the owner or contractor to take the facility out of service.

N.M. Admin. Code § 10.25.5.19

Adopted by New Mexico Register, Volume XXX, Issue 08, April 23, 2019, eff. 4/23/2019, Adopted by New Mexico Register, Volume XXX, Issue 13, July 16, 2019, eff. 6/28/2019, Adopted by New Mexico Register, Volume XXX, Issue 22, November 26, 2019, eff. 11/26/2019