N.M. Admin. Code § 14.5.1.9 - CONFLICTS
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.
Notes
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