The City adopts the International Property Maintenance Code, 2018 edition, all the regulations, provisions, penalties, conditions, limitations and terms of said code, together with all amendments thereto, and revisions, modifications and recompilations thereof, with exception only to the following specific sections:
Section 101.1 Title. Insert; the City of Artesia, NM.
Section 102.3 Application of other codes. Shall be amended to read:
Repairs, additions, or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the latest editions of the New Mexico Commercial Building Code (NMCBC); New Mexico Residential Building Code (NMRBC); New Mexico Plumbing Code (NMPC); New Mexico Mechanical Code (NMMC); New Mexico Electrical Code (NMEC); New Mexico Energy Conservation Code (NMECC); New Mexico Swimming Pool, Spa, and Hot Tub Code; and NMMC or the LP gas standards.
Section 102.7 Referenced codes and standards. Shall be amended to read:
All references in the IPMC to the International Building Code shall be deemed references to the latest edition of the New Mexico Commercial Building Code (NMCBC). All references to the International Residential Code shall be deemed references to the latest edition of the New Mexico Residential Building Code (NMRBC). All references to the International Existing Building Code shall be deemed references to the latest edition of the New Mexico Existing Building Code (NMEBC). All references to the International Plumbing Code shall be deemed references to the latest edition of the New Mexico Plumbing Code (NMPC). All references to the International Mechanical Code shall be deemed references to the latest edition of the New Mexico Mechanical Code (NMMC). All references to the International Electrical Code shall be deemed references to the latest edition of the New Mexico Electrical Code (NMEC). All references to the International Energy Conservation Code shall be deemed references to the latest edition of the New Mexico Energy Conservation Code (NMECC). All references to the International Fuel Gas Code are deemed references to the latest edition of the NMMC or the LP gas standards.
Section 103.2 Appointment. Shall be amended to read:
The Chief Building Official of the City of Artesia shall be known as the code official.
Section 103.3 Deputies. Shall be amended to read:
Deputies shall consist of the City's code enforcement officer, building inspector and the planning and zoning administrator. Deputies shall have the power and authority to enforce all sections of the IPMC.
Section 103.5 Fees. Delete this section of the IPMC.
Section 111.2-Membership of board. Shall be amended to read:
The board of appeals shall consist of all the members of the Governing Body of the City of Artesia. The code official shall be an ex-officio member but shall not vote on any matter before the board.
Section 111.2.1 to 111.2.5-Delete this section of the IPMC.
Section 111.3-Notice of meeting. Shall be amended to read:
The board may conduct a public hearing and decide on the appeal within forty-five (45) days of the acceptance of the appeal. Notice shall be given not less than five (5) days prior to the public hearing by the posting of not less than one (1) sign of at least nine (9) square feet in area with a white background and black letters, containing notice of the public hearing in a conspicuous place on or near the property upon which the appeal has been made. Also, notice of the public hearing shall be published in a local newspaper of general circulation, seventy-two (72) hours prior to the public hearing.
Section 111.4.1 Procedure. Shall be amended to read:
The board of appeals shall have the authority to administer oaths and affirmations, examine witnesses and receive evidence. The rules of evidence shall not apply in hearings before the board of appeals. The City, property owners, and other parties entitled to be served with the code official's complaint or notice and order may participate as parties in the hearing and each party may call witnesses. The City's Open Meeting Resolution shall apply in all hearings.
Section 111.6 Board decision. Shall be amended to read:
The board shall modify or reverse the decision of the code official only by a concurring vote of a majority of the total number of board members.
Section 112.4 Failure to comply. Insert: $50 to $500.
Section 201.1 Scope. Add the following:
If the same term is defined in both the New Mexico Construction Codes and in the IPMC, the term shall have the meaning given it in the New Mexico Construction Code, with the exception of BASEMENT and EASEMENT.
Section 201.3 Terms defined in other codes. Shall be amended to read:
If a term is not defined in this code but is defined in a New Mexico Construction Code, the term shall have the meaning given it in New Mexico Construction Code, with the exception of BASEMENT and EASEMENT.
Section 202 General Definition. The following words shall be amended to read:
BASEMENT- The portion of a building that is partly or completely below grade, which may be used for dwelling purposes if ceiling height, emergency escape and rescue openings meet the requirements outlined in the International Residential Code adopted by the city.
EASEMENT- The right, liberty, advantage or privilege that one (1) individual or entity has in lands of another, either express or imputed (utility, grant or necessity).
Section 302.4 Weeds. Insert: Eighteen (18) inches
Section 303.2 Enclosures. Shall be amended to read:
Required enclosures installation shall comply with Section R4205.1 "Barrier Requirements" of the latest edition of the New Mexico Residential Building Code (NMRBC).
Section 304.14 Insect screens. Insert: January to December.
Section 602.2 Residential occupancies. Shall be amended to read:
Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating.
Section 602.3 Heat Supply. Insert: January to December.
DELETE THE FOLLOWING: EXCEPTION: #1 The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.
Section 602.4 Occupiable work spaces. Insert: January to December.
Section 604.2 Service. Shall be amended to read:
The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the latest edition of the New Mexico Electrical Code (NMEC).
(Ord. 1045, 1-8-2019)