2020 New Mexico Statutes
Chapter 3 - Municipalities
Article 17 - Ordinances
Section 3-17-6 - Codes adopted and enforced by reference; availability.
A. A municipality may adopt by ordinance the conditions, provisions, limitations and terms of:
(1) an administrative code;
(2) an air pollution code;
(3) a building code that includes provisions for plan review, permitting and inspections for general, electrical, mechanical and plumbing construction;
(4) an elevator code;
(5) a fire prevention code;
(6) a health code;
(7) [a] housing code;
(8) a traffic code; or
(9) any other code not in conflict with the laws of New Mexico or valid regulations issued by any board or agency of New Mexico authorized to issue regulations.
Any code so adopted shall provide for minimum requirements at least equal to the state requirements on the same subject.
B. An ordinance adopting any such code need only refer to the proper title and date of the code, without setting forth the code's conditions, provisions, limitations and terms, and may include any exception or deletion to the code by setting forth the exception or deletion to the code. The ordinance shall further specify at least one place within the municipality where the code, so adopted, is available for inspection during the normal and regular business hours of the municipal clerk. A copy of the code shall be available upon request and payment of a reasonable charge.
C. Any amendment to such a code may be adopted in the same manner as other ordinances are adopted.
History: 1953 Comp., § 14-16-5, enacted by Laws 1965, ch. 300; 2007, ch. 132, § 1.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
The 2007 amendment, effective July 1, 2009, permitted a municipality to adopt a building code that includes provisions for plan review, permitting and inspections for general, electrical, mechanical and plumbing construction.
Restrictions on municipal permitting or inspection. — The construction industries division of the regulation and licensing department does not have the authority to place special requirements on a local jurisdiction's approval of construction permits or inspection of construction projects. 2011 Op. Att'y Gen. No. 11-06.
Failure to adopt temporary or permanent CID program requirements. — The construction industries division of the regulation and licensing department does not have the authority to refuse inspection services to a local jurisdiction because the local jurisdiction failed to adopt temporary or permanent CID program requirements for the approval of construction permits or inspection of construction projects. 2011 Op. Att'y Gen. No. 11-06.
Enforcement of state building code. — The construction industries division of the regulation and licensing department has the authority to refuse to provide inspection services or certify local inspectors in municipalities that fail to adopt a building code that provides for minimum requirements of the state Uniform Building Code. The construction industries division has the authority to issue a stop work or similar order on a construction project authorized by a local jurisdiction that has adopted a building code that, while the code meets minimum standards set by the CID, differs from the building code adopted by the CID. 2011 Op. Att'y Gen. 11-06.
Jurisdiction of municipal judge regarding traffic offenses. — Unless the town has specifically enacted an ordinance inclusive of the motor vehicle offenses contained in the state traffic code, a municipal judge does not have jurisdiction to hear and try those traffic offenses contained in the state motor vehicle code which are not actually covered by the particular town ordinance. 1962 Op. Att'y Gen. No. 62-141.
Incorporated municipalities are given express power to adopt traffic codes merely by reference to the proper title and date of the code on the same subject, provided that the entire code so adopted is made available for inspection in at least one place within the municipality, and provided that a copy of the code is made available upon request. 1960 Op. Att'y Gen. No. 60-218.
Meaning of "code". — In the context in which the word "code" is used, the legislature intended the word to mean a regulation or a group of regulations relating to a specific subject. 1960 Op. Att'y Gen. No. 60-110.
It is necessary to publish the information that such code has been adopted with an appropriate reference to title and date of such code. 1960 Op. Att'y Gen. No. 60-110.
Law reviews. — For note, "County Regulation of Land Use and Development," see 9 Nat. Resources J. 266 (1969).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity, construction, and application of the uniform fire code, 46 A.L.R.5th 479.
