New Mexico

Advocacy Opportunities

Status

Explanations

Residential

New Mexico’s statewide mandatory residential code is based on the 2006 IECC.

Commercial

New Mexico’s statewide mandatory commercial code is based on the ASHRAE 90.1-2004.

Adopt an Automatic Review & Update Process

The state does not have a set review schedule, but the codes are generally reviewed every three years, concurrent with the publication of the uniform building codes. The last update occurred July 1st, 2008.  NM Legislature 

Create a Regulatory Process

State codes are adopted or amended by the Construction Industries Division (CID), on recommendation of the various trade bureaus that have been created under its auspices. As part of the process, the new code or code amendments are reviewed by the general construction technical advisory council and a code change committee. Once approved, comments are solicited at public hearings. The final version is prepared by Construction Industry Division staff and sent to the Construction Industry Commission.  If approved, the changes are sent to archive and become effective after a thirty day waiting period.

Improve Compliance

Residential

When demonstrating compliance to the energy code using REScheck, the 2003 IECC code option should be used rather than 2006 IECC and compliance should exceed 2003 IECC by two percent or more.

The CID provides code enforcement for all municipalities that do not enforce locally.
 

Commercial

COMcheck can be used to show compliance.

The Construction Industries Division provides code enforcement for all municipalities that do not enforce locally.

Eliminate Weakening Amendments

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.

Add Strengthening Amendments

Allow Innovation at the Local Level

Provided the mayor signs Ordinance 09-85, Albuquerque will have established a new local energy code that will go into effect December 1, 2009. The local code is modeled after the 2006 IECC but also contains several amendments that are more stringent than corresponding sections of the 2009 IECC.

Another leading effort out of Albuquerque is their High Performance Building Ordinance, adopted by the Albuquerque City Council on September 17, 2007, which establishes building design and construction code requirements that are designed to minimize the environmental impacts of residential and commercial buildings by using energy, water and materials more efficiently.

Set Milestones

Adopt Green Codes

State Wide Program:
New Mexico.
Sustainable Building Tax Credit, 2009

Program Description:
The Sustainable Building Tax Credit provides tax credits based on the square footage of the building. For commercial buildings, the tax credits range from $3.50 per ft2 for buildings that achieve LEED for New Construction Silver certification to $6.25 for buildings that achieve LEED for New Construction Platinum certification. For residential buildings, the tax credits range from $5.00 per ft2 for buildings that achieve LEED for Homes Silver certification to $9.00 per ft2for buildings that achieve LEED for Homes Platinum.

Energy Standard:
Commercial LEED Certification:  below is summarized from LEED NC, details vary according to certification program. Mandatory: minimum 10% compliance beyond ASHRAE 90.1-2007, or use of NBI's Core Performance or one of ASHRAE's Advanced Energy Design Guidelines. LEED options include: optimize energy performance, on-site renewable energy, enhanced commissioning, enhanced refrigerant management, measurement & verification, and green power.

City Wide Program:
Albuquerque, New Mexico
Energy Code, 2009 Pending

Program Description:
The Albuquerque City Council approved Ordinance 09-85 on August 3, establishing a new local energy code that will go into effect December 1, 2009 should the city's mayor sign the legislation. The 2009 Albuquerque Energy Conservation Code is based on the 2006 IECC but also contains several amendments that are more stringent than corresponding sections of the 2009 IECC, including testing for air filtration and duct leakage.

Energy Standard:
Commercial LEED Certification:  below is summarized from LEED NC, details vary according to certification program. Mandatory: minimum 10% compliance beyond ASHRAE 90.1-2007, or use of NBI's Core Performance or one of ASHRAE's Advanced Energy Design Guidelines. LEED options include: optimize energy performance, on-site renewable energy, enhanced commissioning, enhanced refrigerant management, measurement & verification, and green power.

City Wide Program:
Santa Fe, New Mexico
Project Water Use Offset

Program Description:
Any building permit or water hook-up shall be issued or granted only if it the applicant demonstrates that the water demands created by the use of the structures for which the building permit, water hook-up or development approval is sought will be entirely offset (Ord. No. 2003-36 § 11). In all cases, the amount of water offset by retrofits shall be equal to or greater than the estimated water usage of the proposed building as determined by the annual water budget procedures.

City Wide Program:
Taos, New Mexico.
High Performance Building Ordinance, 2009

Program Description:
This mandatory residential and commercial program is being implemented in four phases from 2009-2012.  Phase 1:  The City of Taos requires all commercial buildings 6,000 sq ft or greater built in 2009 to achieve LEED Certified, including completion of at least 3 of the LEED water conservation credits, as a condition for obtaining a Certificate of Occupancy. Beginning in 2010, all new commercial buildings must achieve LEED Certified, including completion of at least 3 of the LEED water conversation credits, as a condition for obtaining a Certificate of Occupancy.  Residential applications for homes greater than 3,000 ft2 must submit a HERS index of 85 or less.  Phase 2 begins January 1, 2010 - residences of any size must have a HERS index of 80 or less to obtain a certificate of occupancy, commercial building of any size requires a confirmed rating of LEED certified or better with 3 water conservation points.  Phases 3 and 4 further increaes efficiencies.

Energy Standard:
Commercial LEED Certification:  below is summarized from LEED NC, details vary according to certification program. Mandatory: minimum 10% compliance beyond ASHRAE 90.1-2007, or use of NBI's Core Performance or one of ASHRAE's Advanced Energy Design Guidelines. LEED options include: optimize energy performance, on-site renewable energy, enhanced commissioning, enhanced refrigerant management, measurement & verification, and green power.  Residential: Phase I HERS 85 or less, Phase II HERS 80 or less, Phase III HERS 75 and Phase IV HERS 70