NAIOPNM urges you to review and send in public comments about the Proposed 2009 New Mexico Building Codes.  See meeting dates and address for public comments below.

Please also review NAIOPNM's position paper, appended to this document.

1.    ALL of the proposed amendments to the 2009: International Commercial Building Code, International Residential Code, International Energy Conservation Code, New Mexico Earthen Building Materials Construction Code, New Mexico Non-Load Bearing Baled Straw Construction Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2008 National Electrical Code have now been posted at Construction Industries Division’s website: http://www.rld.state.nm.us/cid

Specific sections are listed below.

CHAPTER 5 Construction Industries General Provisions:

NMAC 14.5.1 General Provisions

NMAC 14.5.2 Permits

NMAC 14.5.3 Inspections

CHAPTER 7 Building Codes General

NMAC 14.7.2 2009 New Mexico Commercial Building Code

NMAC 14.7.3 2009 New Mexico Residential Building Code

NMAC 14.7.4 2009 New Mexico Earthen Building Materials Construction Code (Phase III) 

NMAC 14.7.5 2009 New Mexico Non-Load Bearing Baled Straw Construction Building Code (Phase III)

NMAC 14.7.6 2009 New Mexico Energy Conservation Code

NMAC 14.7.7 2009 New Mexico Existing Building Code

NMAC 14.7.8 2009 New Mexico Historic Earthen Buildings

CHAPTER 8 Plumbing Codes

NMAC 14.8.2 2009 New Mexico Plumbing Code

CHAPTER 9 Mechanical Codes

NMAC 14.9.2 2009 New Mexico Mechanical Code

CHAPTER 10 Electrical Codes

NMAC 14.10.4 2008 New Mexico Electrical Code

2.    Public Comment Schedules:

A Public Hearing on the proposed amendments to the 2009: International Commercial Building Code, International

Residential Code, International Energy Conservation Code, New Mexico Earthen Building Materials Construction

Code, New Mexico Non-Load Bearing Baled Straw Construction Building Code, Uniform Plumbing Code, Uniform

Mechanical Code, and the 2008 National Electrical Code will be held the following dates, times and locations:

June 28, 2010, 10:00 am – 1:00pm: FARMINGTON – McGee Park Convention Center, #41 Road 5568,

Bloomfield Hwy

June 29, 2010, 9:00 am – 12:00 pm: ROSWELL, NM – City Council Chambers, 421 N. Richardson

June 30, 2010, 10:00 am – 1:00 pm: LAS CRUCES, NM – CID Conference Room, 505 So. Main St., Suite 150

July 1, 2010, 9:00 am – 12:00 pm: SANTA FE, NM - CID Conference Room, 2550 Cerrillos Road, 3rd Floor, Santa Fe

July 1, 2010, 2:00 pm – 5:00 pm: ALBUQUERQUE, NM – CID Conference Room: 5200 Oakland Avenue, NE

Copies of the proposed rules are currently available on the Construction Industries Division’s website: www.rld.state.nm.us/cid and at the CID office in Santa Fe.

You are invited to attend and express your opinion on these proposed rules changes. If you cannot attend the meeting, you may send your written comments to the Construction Industries Division, 2550 Cerrillos Road, P.O. Box 25101, Santa Fe, New Mexico 87504, Attention: Public Comments. FAX (505) 476-4685. All comments must be received no later than 5:00 p.m., July 1, 2010.

If you require special accommodations to attend the hearing, please notify the Division by phone, email or fax, of such needs no later than June 24, 2010. Telephone: 505-476-4700. Email: www.rld@state.nm.us/cid Fax No. 505-476-4685.

For the RLD website: http://www.rld.state.nm.us/index.html

The report can be accessed by the tan web button under the construction industries text in the middle of the page.

Or at the following link: http://www.rld.state.nm.us/CID/PDFs/CostAnalysis_Report%20-%20final%205-24-10.pdf

4.    CID Commissioners will vote on the proposed amendments on July 14^th, probably in Albuquerque. The location has not been confirmed but will be posted and emailed to NAIOP members when confirmed. This is an open meeting.:

 NAIOP Concerns

July 1, 2010

Construction Industries Division
2550 Cerrillos Road, P.O. Box 25101
Santa Fe, New Mexico 87504
Attention: Public Comments

NAIOP NM Chapter, the Commercial Real Estate Development Association, has several concerns
regarding the proposed 2009 New Mexico Building Codes.

1. The current proposed amendments include a section that relates to existing buildings. NMAC 14.7.7.17
indicates that if there is an occupancy group change or if a remodel involves 50% or more of the square
footage of an existing building, the new code would require that the entire building and its systems be
brought up to the 2009 New Mexico Energy Conservation Code, including the envelope and any occupied
tenant areas.

NAIOP is very concerned that this requirement will create legal problems involving new and existing
tenant leases.

It will also create a hardship since there are no mitigating conditions related to the age of the building, or
the specific area of the building being remodeled, or the extent of the building’s systems being remodeled.
In addition, the value of the building in the eyes of a lender is compromised, and an owner may not be
able to use the building as collateral in obtaining new loans or extending existing ones.

Finally, this amendment would have the unintended consequences of discouraging the remodel of
existing, infill buildings, and would create an unprecedented financial burden on building owners to meet
these standards. Tenants would face higher rents, discouraging company expansions or relocations.

2. Secondly, NAIOP is concerned about the 10% increase in energy conservation requirements over and
above those standards set in the un-amended 2009 International Building Code and International Energy
Conservation Code (on which the NM Codes are based).

The 2009 International Energy Conservation Code states in its Preface that “This Code is founded on the
principles intended to establish provisions consistent with the scope of an energy conservation code that
adequately conserves energy; provisions that do not unnecessarily increase construction costs; provisions
that do not restrict the use of new materials, products or methods of construction; and provisions that do
not give preferential treatment to particular classes of materials, products or methods of construction.”
From this it can be concluded that any attempt to go beyond this standard runs the risk of unnecessarily
increasing construction costs and limiting materials, equipment types and construction methods.

The requirement to exceed this standard in the midst of a serious recession does not make financial sense
and will seriously affect the ability of the real estate development industry to finance new developments,
or to find clients willing or able to pay the increased rents required to reimburse the costs of these
upgrades.

This 10% additional requirement does increase the cost of new buildings in relation to surrounding states.
We compete against these states and cities to acquire re-locating businesses bringing jobs and revenue.
Additional construction costs are not an incentive to encourage companies to locate to New Mexico.


As part of the 10% increase, NMAC 14.7.6.13 of the 2009 New Mexico Energy Conservation Code adds
a Section 506 to the 2009 International Energy Conservation Code related to Additional Energy Packages.
There are different paths that can be taken to achieve code compliance. In the prescriptive path for new
buildings or 50% or more remodels, the code requires that one of these packages be chosen in the design
and construction of the project. The 3 options include an HVAC Option which increases HVAC
equipment efficiencies above those in the standard. Examples include small packaged rooftop equipment
which would require a SEER rating of 15 and furnaces with a thermal efficiency of 92%. The
international standard is 13 SEER and 80% thermal efficiency. This means products meeting this
requirement will be more expensive, harder to find, and, in some cases, not available.

The second of the three options is a lighting power reduction package. The wattage required in the new
code violates state standards for school lighting, and will be exceedingly difficult to meet in office
buildings. Again, the hurdles are cost and availability of product.

The third option requires that 3% of the buildings energy be produced on-site by two alternative sources,
sun and wind. Wind is not viable in most areas of New Mexico leaving only the solar option. This may
be problematic, particularly in the case of existing buildings due to available land, size of the building or
other design issues.

The result is that this section creates real hurdles in both developing new projects and in upgrading
existing ones. There is a question as to whether the problem in achieving the lighting and solar
requirements leaves only the HVAC option. This in turn raises the question about the legality of this
section since the increased equipment efficiencies requirement exceeds the standard set by the industry.
This was a problem several years ago in the Albuquerque Energy Code, and the state court placed a
moratorium on that code.

3. NAIOP would ask that the CID Commission eliminate the section requiring entire existing buildings to be
brought up to 2009 codes. We urge that only those portions or systems of a building being remodeled
would have to meet the new codes.

NAIOP also asks that the Additional Energy Packages section be removed since the 3 options all have
problems related to excessive costs, availability of product, or potential legal problems with increasing
required standards above industry standards.

Sincerely,

Lynne Andersen

NAIOP President