New Mexico

Primary Contact for State Adoption

Martin Romero
General Construction Bureau Chief, New Mexico State Regulations and Licensing Division (RLD)

Construction Industries Division (CID)

Toney Anaya Building
2550 Cerrillos Road
Santa Fe, NM 87505
United States

Martin.Romero@state.nm.us

Secondary Contact for State Adoption

Harold Trujillo
Program Manager, Energy Efficiency, New Mexico Energy Conservation and Management Division

Energy, Minerals and Natural Resources Department

1220 S St. Francis Dr
Santa Fe, NM 87505
United States

Harold.Trujillo@state.nm.us

Regional Energy Efficiency Organization

Jim Meyers
Director Buildings Efficiency Program

Southwest Energy Efficiency Project (SWEEP)

United States

jmeyers@swenergy.org

State Profile

Code Type: Commercial Residential
Current State Code 2018 IECC and ASHRAE 90.1-2016 with amendments 2018 IECC with Amendments
Effective Date
Adoption Date
Enforcement Mandatory Statewide Mandatory Statewide
State Amendment Yes Yes
Can use COM/REScheck Yes Yes

Certifications

Commercial Residential
Current Model Code ASHRAE Standard 90.1-2007 2009 IECC
Yes Yes

State Code Analysis

Code Type: Residential Commercial
Energy Efficiency
State Amendment Yes Yes
Amendment Summary

Significant New Mexico Residential Amendments:

R402.4.1.2 – Air Leakage Testing (Mandatory) - raises allowable air leakage value from 3 to 4 ACH50

R402.4.1.3 Visual Inspection Option – allows counties outside of major metropolitan areas to comply with the air leakage requirements through a visual inspection using the New Mexico Thermal Bypass Inspection Checklist

R403.3.3 Duct testing (Mandatory) – Adds an exception to comply with duct sealing requirements if visually inspected using the New Mexico Duct Sealing Visual Inspection Checklist by a builder, code official or energy rater

Significant New Mexico Commercial Amendments:

C402.4.2.1 Lighting controls in toplit daylight zones – Deleted

C405.2.3.3 Toplit zone – Deleted

C405.5 Dwelling electrical meter – Exempts certain R-2 buildings from this requirement

C408.2 Mechanical systems and service water-heating systems commissioning and completion requirements – Modifies certain documentation requirements

Model Code Savings Potential

Statewide Savings Potential (2010-2030) Residential Commercial
Cost $0.25B $0.16B
Energy (primary) 23MBtu 19MBtu
Consumer Cost Savings Residential
per 1,000 ft2
Commercial
per 1,000 ft2
Annual ($) $383 $138
Annual (%) 21.9%
Life-cycle (30 year) $5366 $2040
Simple Payback 4.4 years 4.6 years
Positive Cash Flow 0.5 years

Compliance

Code Type: Residential Commercial
Field Study No No
Training Program No No

Resources

Additional Information

    The New Mexico Construction Industries Licensing Act of 1978 established requirements for all building trades contractors to be licensed and certified to ensure that compliance with the state codes is, to the maximum extent possible, uniform in application, procedure, and enforcement. This Act has been updated periodically since 1978, most recently by amendments in December 1998. New Mexico has adopted the ICBO Uniform Building Code for several years. The most recent code adopted was the 1997 Uniform Building Code. Amendments to the 1992 MEC allow an amount equal to 1% if the conditioned floor area to be applied as skylights with no requirement to include them in the roof/ceiling U-value calculations. The state energy code contains statewide mandatory minimum requirements that local jurisdictions must adopt and enforce. Local jurisdictions must obtain approval from the State Construction Industries Commission to adopt more restrictive amendments. All new residential and commercial buildings and additions to existing buildings that are heated and/or mechanically cooled are required to comply with the minimum code requirements. Historical buildings are exempt. The state will concentrate on trying to adopt the IECC 2000 this year or the next. At the end of May, the state is planning to have an introductory meeting on this topic with the New Mexico Construction Industries Commission. On January 1, 2004 the 2003 IECC was adopted with a six month grace period to use either the 2000 or 2003 IECC. In 2004, New Mexico passed a bill establishing a tax credit for green homes. In order to qualify, homes had to achieve a HERS rating of 60, which means that it will have to be 40 percent more energy efficient than a reference home built according to code. Additionally, a qualified home had to achieve either a LEED for Homes Silver certification or a Build Green NM Gold certification. The tax credit amount depended on the home's energy performance and sustainability rating. On January 1, 2008 the 2006 IECC was adopted with a six month grace period to use either the 2003 or 2006 IECC.Commercial buildings are exempt and subject to ASHRAE 90.1-2004. This rule applies to all contracting work performed in New Mexico on or after January 1, 2008, that is subject to the jurisdiction of the Construction Industries Division (CID), unless performed pursuant to a permit for which an application was received by CID before that date, except that commercial buildings, which comply with the requirements of the 2004 edition of ASHRAE/IESNA 90.1, are exempt from the requirements of this rule. Two amendments were adopted with the 2006 IECC: 1. Slab edge insulation is not required between attached garages and heated space, or at door thresholds. 2. Individual unit utility meters are not required in multi-family housing.

    On January 28, 2011, the 2009 NMECC replaced the 2006 NMECC.

    The 2009 NMECC was replaced with the 2009 IECC, effective July 2011 with a grace period to use either the 2006 or 2009 IECC until January 1, 2012 when the 2009 IECC became mandatory.

    On January 16th, 2006, the governor of New Mexico signed Executive Order 2006-001, calling for all Executive Branch state agencies, including the Higher Education Department, to adopt the US Green Buildings Council's LEED rating system. New construction of public buildings over 15,000 square feet or using over 50 kW peak electrical demand and renovations involving the replacement of more than 3 major systems (HVAC, lighting, etc.) must achieve a minimum rating of LEED Silver. Projects between 5,000 and 15,000 square feet must achieve a minimum delivered energy performance standard of one half of the US energy consumption for that building type as defined by the US Department of Energy. All other new construction, renovations, repairs, and replacements of state buildings must employ cost-effective, energy efficient, green building practices to the maximum extent possible.

    Furthermore, the act orders that the Energy, Minerals, and Natural Resource Department (EMNRD) convene a "Public Schools Clean Energy Task Force" to make recommendations to "implement aggressive energy efficiency measures" in all existing and newly constructed school buildings.

    Executive Order 2007-053, established further energy saving goals for Executive Branch agencies in New Mexico, as well as the state as a whole. The Order set a goal of a 20% reduction below 2005 energy consumption levels for all Executive Branch agencies by 2015. The reduction will be based on the average energy usage per square foot of building space. Similarly, all Executive Branch agencies must reduce the energy usage of their fleets by 20% by 2015 relative to 2005 levels, and based on the average energy usage per state employee. The state-wide target is for a 20% reduction in per capita energy use across all sectors from 2005 levels by 2020, with an interim goal of 10% by 2012. Other provisions in the Executive Order deal with tracking, reporting, and other administrative responsibilities related to these goals.

    The state traditionally adopts the current version of the International Conference of Building Officials (ICBO) Uniform Building Codes as a basis for all building codes. These codes are adopted by the state on a three-year code cycle corresponding with the publication of the ICBO Uniform Codes. Amendments, if any, to the current version of the MEC must first be proposed by a trade association or other construction group. These amendments are then reviewed by a technical advisory committee composed of engineers and representatives of the building department and the state. If approved by the committee, the changes are processed through a series of public hearings. Once this cycle is complete, the final version of the amendments is prepared by Construction Industries Division staff and sent to the Construction Industries Commission. If approved by the Commission, the changes are sent to Archives and become effective after a 30-day waiting period.

    Plan review and enforcement is regulated by the local jurisdiction (when they elect to enforce the code) as required in the MEC. If the local jurisdiction does not elect to, or does not have personnel qualified to, enforce the code provisions, the Construction Industries Division provides the necessary reviews and inspections for residential buildings. Technical assistance is provided to the Construction Industries Division by the Energy, Minerals and Natural Resources Department for commercial buildings. The Construction Industries Division reviews plans and inspects all state-owned or -funded buildings.

    All residential and commercial structures, as defined in the IECC are required to comply with the New Mexico energy code. Compliance and plan review requirements are those specified in the IECC.