N.M. Admin. Code § 10.25.5.2

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

Section 10.25.5.2 - SCOPE

A. This rule establishes the state's minimum requirements that apply to structures, processes, premises and safeguards regarding:

(1) the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices;

(2) conditions hazardous to life, property, or public welfare in the occupancy of structures or premises;

(3) fire hazards in the structure or on the premises from occupancy or operation;

(4) matters related to the construction, extension, repair, alteration, or removal of fire protection systems; and

(5) conditions affecting the safety of firefighters and emergency responders during emergency operations.

B. This rule does not apply to detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade in height built to the New Mexico Residential Building Code except for those being used as commercial properties.

C. Other state agencies have adopted rules that may or may not apply and that may or may not affect this rule.

(1) The construction industries division of the New Mexico regulation and licensing department (CID) adopts regulations for all construction pursuant to Title 14 NMAC, Housing and Construction, Chapters 5 through 10 NMAC, setting forth the state's minimum requirements that include provisions on fire prevention.

(2) The New Mexico environmental improvement board has adopted rules for aboveground and underground storage tanks containing petroleum or hazardous substances and rules governing hazardous waste administered by the environment department in Title 20, Chapter 5 NMAC.

(3) The board of licensure for professional engineers and surveyors has adopted rules for the design of fire protection and alarm systems pursuant to Title 16, Chapter 39 NMAC.

(4) CID has jurisdiction over all contractors and journeymen installers of fire protection systems and establishes the minimum requirements for licenses and certificates pursuant to the Construction Industries Licensing Act and to Title 14, Chapter 6, Part 6 NMAC on CID license classifications and scopes.

D. AHJs, defined below, may adopt fire protection requirements that are more stringent than 10.25.5 NMAC, provided such requirements do not conflict with this rule. The authority for administration and interpretation of construction-related sections of the NMFC, defined below, that apply to construction projects requiring a building permit is the responsibility of the chief building official or the AHJ. The FM, defined below, shall have the authority for the administration and interpretation of fire protection systems and the chief building official of an AHJ shall have the authority for the administration and interpretation of building codes other than fire protections systems.

N.M. Admin. Code § 10.25.5.2

10.25.5.2 NMAC - N, 11-15-07, 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, Amended by New Mexico Register, Volume XXXIII, Issue 18, September 27, 2022, eff. 11/1/2022