N.M. Admin. Code § 14.5.2.18 - HOMEOWNER'S PERMIT
A. A
homeowner permit allows homeowners to obtain permits for constructing or
altering their primary residence without becoming a licensed contractor is
strictly limited to construction and alteration of their primary residence. Any
other use of a homeowner's permit shall result in cancellation of the current
homeowner permit and denial of any subsequent request for a homeowner
permit.
B. The homeowner licensing
exemption requires conformity with CILA, its rules, standards and codes. This
includes a homeowner acting as a general contractor for the project.
C. The homeowner's permit authorizes the
homeowner to physically perform the work, alone or with legal employees, or act
as a general contractor and subcontract portions of the work to licensed
contractors. In order to qualify for the homeowner permit the major portion of
the work to be performed, based on dollar amount, must be completed by the
homeowner.
D. A homeowner may apply
for a homeowner's building, plumbing or electrical permit to construct a
residence or to remodel or construct an addition to an existing residence. A
homeowner's permit may only be issued to a property owner and only for the
property owner's primary residence occupied or intended to be occupied by the
homeowner. A permit is required for all construction related work for which a
permit is required by statute or rule.
E. Homeowner's permits are limited to
single-family dwellings, appurtenant structures to single-family dwellings such
as private garages, carports, and sheds and are issued only to the property
owner providing proof of ownership. All homeowner permit applications are
subject to approval by the AHJ.
F.
A person applying for a homeowner's permit in order to construct or alter a
primary, personal residence in accordance with Paragraph (10) of Subsection D
of CILA, Section
60-13-3 NMSA 1978 must provide the
following to the AHJ:
(1) A completed AHJ
approved homeowner permit application.
(2) A signed and notarized homeowner's permit
responsibility sheet acknowledging legal responsibility, verification of the
major portion of the work based on dollar amount being completed by the
homeowner and the liability of the homeowner for the construction that is
completed by subcontractors.
(3) A
signed acknowledgement of receipt of the instructions form for obtaining a
homeowner permit.
(4) Zoning
approval from the local planning and zoning department.
(5) Flood plain determination from the local
flood plain department.
(6) Proof
of identity and ownership of the property for which the permit is
sought.
(7) Payment of all required
fees.
G. The AHJ shall
issue separate homeowner's permits for general building construction,
mechanical/plumbing and electrical work as appropriate. Each permit authorizes
work at the primary residence only and does not apply to rental property, other
owned property or to any commercial work or property.
H. The homeowner is responsible for
requesting inspections, correcting code violations and requesting required
re-inspections to obtain a certificate of occupancy or final inspection as
applicable. If the homeowner has hired sub-contractor(s) to complete the
plumbing, mechanical and electrical work, the sub-contractor(s) remains
responsible for obtaining permits, requesting inspections and correcting code
violations and requesting required re-inspections prior to the homeowner being
able to obtain a certificate of occupancy or final inspection.
I. The homeowner building permit limits the
homeowner to perform the work authorized by the permit personally or with
employees paid by the homeowner and issued a W-2 form, or to subcontract a
portion of the work while self-performing a significant portion of the
work.
J. All work subcontracted
must be subcontracted to licensed contractors who must apply for the
appropriate permits for their work and pass all required inspections.
K. A homeowner's permit is not valid and may
not be used to permit a project for which a GB-2 or GB-98 licensed contractor
is contracted to manage, supervise or act as the general contractor for a
project. If a homeowner's permit has been issued for such a project it shall
become invalid and the contractor acting as the general contractor must obtain
the appropriate building permits and shall be responsible for all work
performed at this site including subcontracted work.
L. Single-scope projects, including but not
limited to, roofing or window installations are not eligible for a homeowner's
permit if the work is to be subcontracted and is not performed by the
homeowner, either personally or with the aid of valid employees who are issued
a W-2 form.
M. A homeowner may
apply for a homeowner's permit for plumbing work by complying with Subsection D
and by demonstrating sufficient knowledge as determined by the appropriate TBC
or CBO. The TBC or CBO shall determine minimum competency by reviewing plans
submitted by the homeowner for the proposed work. Completion of a written
examination with a minimum passing score of seventy-five percent may be
required. Failed examinations may not be repeated sooner than 30 days after the
date of the failed exam. Plumbing work pursuant to the homeowner permit shall
be performed only by the permittee.
N. A homeowner may apply for a homeowner's
electrical permit by complying with Subsection D and submitting plans or
drawings showing the electrical equipment on the floor plan and the panel
schedule. Once the plans are approved, the permit may be issued to the
homeowner only if the homeowner passes the electrical exam for homeowners, with
a minimum passing score of seventy-five percent, administered by CID. Failed
examinations may not be repeated sooner than 30 days after the date of the
failed exam. Electrical work pursuant to the homeowner permit shall only be
performed by the permittee.
O. A
homeowner's permit shall not be issued for HVAC, natural gas or LP gas
installations. All such work, except LP gas installations, shall require a
properly licensed contractor and shall be permitted and inspected pursuant to
the requirements of the AHJ. LP gas installations shall require a properly
licensed contractor and shall be permitted and inspected pursuant to the
requirements of the LP gas trade bureau.
P. Homeowner's permit projects may not be
placed on the market for sale while under construction. Such an action violates
the requirements of Paragraph (10) of Subsection D of CILA, Section
60-13-3 NMSA 1978, and will result
in the automatic voiding of the permit by the AHJ. A violation may also result
in initiation of unlicensed contracting charges against the homeowner in
accordance with the requirement of CILA Section
60-13-52 NMSA 1978.
Q. No more than one homeowner's permit for a
single-family dwelling shall be issued to the same property owner within any
12-month period.
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