CITY of ALBUQUERQUE
NINETEENTH COUNCIL
COUNCIL BILL NO. C/S O-11-47 ENACTMENT NO. ___________________
SPONSORED BY: Dan Lewis & Michael Cook
ORDINANCE
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C/S Amending Chapter 1, Section 110, Application For Permit Of The Albuquerque Uniform Administrative Code, To Add And Allow For Option Of Third Party Review (Lewis, Cook)
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AMENDING CHAPTER 1, SECTION 110-APPLICATION FOR PERMIT OF THE ALBUQUERQUE UNIFORM ADMINISTRATIVE CODE, TO ADD AND ALLOW FOR OPTION OF THIRD PARTY REVIEW.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
Section 1. Chapter 1, Part 1, Section 110 of the Uniform Administrative Code of the City of Albuquerque, is amended to read as follows:
110.1 Application. To obtain a permit, the applicant shall first file an
application therefore in writing on a form furnished by the code enforcement agency for that purpose. Every such application shall:
1. Identify and describe the work to be covered by the permit for which application is made.
2. Describe the land on which the proposed work is to be done by legal description and street address or similar description that will readily identify and definitively locate the proposed building or work.
3. Indicate the use or occupancy for which the proposed work is intended.
4. Be accompanied by plans, diagrams, engineering calculations, computations and specifications and other data as required in Section 110.2.
5. State the valuation of any new building or structure or any addition, remodeling or alteration to an existing building.
6. Be signed by the permit holder, or his authorized agent, who may be required to submit evidence to indicate such authority.
7. Give such other data and information, as may be required by the Building Official.
110.2 Submittal Documents. With each application for a building permit, and when required by the Building Official for enforcement of any provisions of this Code, two sets of plans and specifications shall be submitted.
EXCEPTION: The Building Official may waive the submission of plans, calculations, etc., if he finds that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this Code. The Building Official shall require all plans and specifications be prepared and sealed by a Registered Architect and/or Registered Professional Engineer(s) licensed to practice in the State of New Mexico for all uses as listed in Chapter 3 of the International Building Code with the exception of:
1. Single-family dwellings not more than two (2) stories in height;
2. Multiple dwellings not more than two (2) stories in height containing not more than four (4) dwelling units of wood-frame construction; provided, this paragraph shall not be construed to allow a person who is not registered under the Architectural Act to design multiple clusters of up to four (4) dwelling units each to form apartment or condominium complexes where the total exceeds four (4) dwelling units on any lawfully divided lot;
3. Garages or other structures not more than two (2) stories in height which are appurtenant to buildings described in Paragraph 1 and 2 of this subsection;
4. Non Residential buildings, or additions, having a total occupant load of ten (10) or less and two stories or less in height. Does not include E (Educational), H (Hazardous) or I (Institutional) occupancies, all of which must be certified by an architect and/or engineer(s) licensed to practice in the State of New Mexico.
5. Alterations to buildings, or structures, which present no unusual conditions, hazards or change in occupancy.
The Building Official may require the plans to be prepared and sealed by a Registered New Mexico Architect and/or Registered New Mexico Professional Engineer(s) for any specific construction that involves public safety or health and wherein the public welfare or the safeguarding of life, health or property is concerned, or a change of occupancy is involved. Occupant load shall be defined and determined by the method set forth in Table 1004.1.1 of the International Building Code.
When required by the Building Official the responsibility of a licensed Architect and Licensed Engineer(s) shall be demonstrated on each sheet of the drawings by the appearance of their seal and signature and shall include the following:
1. Architect.
2. Structural Engineer.
3. Electrical Engineer.
4. Mechanical Engineer.
5. Civil Engineer.
6. Where an additional specific technical consideration is required, it shall also be acknowledged by seal and signature. The Electrical design shall be prepared and sealed by a registered professional engineer, licensed to practice electrical engineering in the State of New Mexico, when the capacity exceeds the following:
1. 200 A for single phase.
2. 50 KVA for three phase.
The Mechanical design shall be prepared and sealed by a registered professional engineer, licensed to practice mechanical engineering in the State of New Mexico, when the total mechanical equipment, materials, and labor, exceeds $50,000.00 in valuation or if the building exceeds two stories in height. The Plumbing design shall be prepared and sealed by a registered professional engineer, licensed to practice mechanical engineering in the State of New Mexico, when the fixture unit count of the project exceeds the capacity of one 4" building drain as specified in Table 7-3 of the Uniform Plumbing Code or if the building exceeds two stories in height.
110.3 Information on Plans and Specifications. Plans shall be drawn to scale upon substantial paper and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of the Technical Codes and all relevant laws, ordinances, rules and regulations. Information on plans and specifications shall include but not be limited to the following: the house and street address of the work, name and address of the owner, and/or the contractor and the person preparing the plans, seismic category, type of construction, area of each floor, occupancy group and occupant load, soil bearing capacity, concrete strength, lumber and steel stress values, wind, roof, and floor design loads. Plans shall also include a plot plan showing property lines and the location of the proposed building and of every existing building on the property.
The Building Official may require special calculations regarding three-story wood framed buildings, retaining walls, or any other data or computations not specifically mentioned herein in order to show the correctness of the plans.
Plans for buildings more than two stories in height other than buildings regulated by the International Residential Code shall indicate how required structural and fire-resistive integrity will be maintained where a penetration will be made for electrical, mechanical, plumbing and communication conduits, pipes and similar systems.
For one- and two-family dwellings and townhouses regulated by the International Residential Code, minimum plan submittal to include but not be limited to the following drawings: Plot plan, Foundation plan, Floor Plan, Framing plan, Mechanical plan, Electrical plan, cross-section through bearing wall, elevations, and calculations as required by the Albuquerque Energy Conservation Code. Plumbing fixtures may be shown on the floor plan.
Information and computation on building services equipment shall be indicated in the plans including installation of consumer plumbing, drainage, gas piping, heating and cooling, ventilating and refrigeration systems. Electrical plans shall show electrical risers, conductor sizes, grounding, load calculations, disconnects, panel schedules and wiring methods.
Any specifications or general expression such as, "work shall be done in accordance with the Albuquerque Codes", or, "to the satisfaction of the City Building Official", shall be deemed inadequate and incomplete.
110.4 Construction Documents Review Procedures; Third-Party Plan Review: In addition to the standard plan review processes, applicants for building permits shall have the option of providing for a third-party plans reviewer or third-party reviewing agency, at the applicant's expense, to perform a code compliance review of the project, including review of one or more components of the construction documents set forth in this section, and to provide the Building Official with a certified report of the findings of the review, in a format acceptable to the Building Official. “Components” of construction documents as used in this section shall refer to the various disciplines requiring review. The Building Official shall accept such reports from approved third-party plans reviewers or plans review agencies, provided that the Building Official determines that such agencies and reviewers satisfy the qualification and reliability requirements established by the Building Official and all such reports are certified by reviewers who possess a valid license as a registered architect or professional engineer in the State of New Mexico. If the Building Official is satisfied that the proposed construction documents or certified components of construction documents conform to the requirements of the Technical Codes, the Uniform Administrative Code of the City of Albuquerque, and all applicable laws, rules, and regulations, the Building Official shall approve the construction documents or certified components of the construction documents.
110.4.1 Minimum Qualification, Training, Experience and Reliability Requirements for Approved Third-Party Reviewers and Third-Party Review Agencies. Third-party plans reviewers and third-party review agencies shall meet the following requirements:
1. Each third-party plans reviewer who reviews construction documents shall possess the appropriate licenses and/or certifications and expertise in order to review the type of documents being reviewed, and shall submit evidence annually that his or her license and/or certification is valid.
2. Each plans review agency shall have adequate staff with the appropriate licenses and/or certifications and expertise to review the types of construction documents that they propose to review. All approved submitted construction documents shall bear the stamp and signature of the approving reviewer for the respective discipline.
3. Each third-party plans review agency shall include at least one registered architect or professional engineer licensed in the State of New Mexico who shall act as the professional in charge of the review and who shall certify the plan reviews performed by the agency. Any person working for the agency who is not so licensed shall work under the direct supervision of an architect or professional engineer who holds a current registration in the State of New Mexico.
4. Each plans reviewer who reviews construction documents under this section, either as a third-party plans reviewer or as a member of a plans review agency, shall have an acceptable level of expertise and experience in the performance of code compliance reviews in the disciplines for which he or she is seeking certification, which shall include at a minimum: possession of a current ICC certification as a plans reviewer, or a certifying agency recognized by ICC, IAPMO or NFPA, in the discipline or disciplines in which the reviewer is applying to perform reviews.
5. Such additional requirements as the Building Official may impose from time to time to ensure the accuracy and reliability of the plans reviewers and the plan reviews conducted.
110.4.2 Approval and Certification of Third-Party Plans Reviewers and Plan Review Agencies. An individual or agency that wishes to be certified as an approved third-party plans reviewer or third-party plans review agency shall submit an application on the form provided by the Building Official and shall provide all necessary information and documentation to demonstrate satisfaction of the minimum qualifications, training, experience and reliability requirements set forth in Subsection 110.4.1 The third-party plans reviewer and third-party plans review agency shall amend a pending certification application or a certification approval to notify the Building Official of any changes in material information submitted in the application upon which the approval and certification is based, including, but not limited to, changes in personnel identified in the application or changes in licensing, registration or certification status. The Building Official shall provide a notice to any third party plans review agency or reviewer of denial of certification and the reason for the denial.
110.4.3 Scope of Third-Party Plan Review. When approving a third-party plans reviewer or third-party plans review agency, the Building Official shall specify the review disciplines of the permit construction documents that the plans reviewer or plans review agency is authorized to review. Each approved third-party plans reviewer or agency shall be assigned a number. The areas in which a third-party plans reviewer or third-party plans review agency may be certified may include any of the following: Architectural/Structural, Mechanical, Plumbing or Electrical. The Energy Conservation Code requirements shall be reviewed by each of the disciplines for compliance with the applicable Energy Conservation Code requirements of the City of Albuquerque. Third Party Plan Reviews of disciplines other than these will not be accepted.
110.4.4 Third Party Review Restriction: A third party reviewer/agency shall not perform plan review on a project which might present a conflict of interest due to their association with the project or to their relationship or association with other parties or individuals involved with the project, its design or construction.
110.4.5 Third Party Construction Documents Review Procedures. In order to participate, the property owner, agent or permit applicant shall advise the Building Safety Division, in writing, at the time of application that a certified third-party plans reviewer or third-party plans review agency will review one or more disciplines of the construction documents in conformity with the provisions of applicable laws, codes and ordinances. Standard plan review fees shall be paid at the time of application. The said construction documents shall be reviewed by the third-party plans reviewer and recommended for submission/approval in a certified report provided to the Building Official. The fees paid to the third-party plan reviewer or agency are independent and separate from any fees required by this code and shall be the sole responsibility of the property owner, agent or permit applicant.
110.4.6 Review of Work Conducted by Third-Party Plans Reviewers and Revocation of Approval. The Building Official shall periodically conduct a detailed unannounced audit of documents reviewed by third-party plans reviewers and plans review agencies, and shall also maintain a tracking system to monitor the recommendations of the third-party plans reviewers. If the Building Official determines that plans recommended by the third-party reviewer or third-party reviewing agency for approval do not meet the requirements of the Technical Codes or that the reviewer or agency has failed to meet other requirements of this section, or any regulations promulgated there under, the Building Official is authorized to revoke the approval of the third-party reviewer or third party reviewing agency upon written notice, including the reason for the revocation. The approval may be reinstated if the Building Official determines that the third-party reviewer or third party reviewing agency has remedied the violation that formed the basis for the revocation and all requirements of Section 110.4.1 are met.
110.4.7 Notice of Revocation. The Building Official shall provide the Third Party Plan Review Agency or Reviewer with written notice of his or her decision to remove or suspend the Third Party Review Agency or Reviewer from the Third-Party Program. The written notice shall also provide explanation for the removal or suspension. The decision shall become effective upon service of the notice in accordance with Section 110.4.8
110.4.8 Service of Notice of Revocation. The Building Official shall affect service of a notice to revoke approval by one of the following methods:
1. Personal service on the Third Party Agency, Reviewer or their agent; or
2. Delivering the notice to the last known home or business address of the Third Party Agency or Reviewer as identified by the Third Party Reviewers application, the tax records, or business license records, and leaving it with a person over the age of sixteen (16) years old residing or employed therein; or
3. Mailing the notice, via first class mail postage prepaid, to the last known home or business address of the Third Party Agency, reviewer or their agent as identified by the Third Party Reviewer's application, the tax records, or business license records; or
4. If the notice is returned as undeliverable by the Post Office authorities, or if no address is known or can be ascertained by reasonable diligence, by posting a copy of the notice in a conspicuous place in or about the structure affected by such notice.
110.4.9 Appeal. The Building Official's decision to deny certification, revoke certification or deny reinstatement of the certification may be appealed to the Board of Appeals within 10 days of service pursuant to Section 107 of the Uniform Administrative Code of the City of Albuquerque, but the filing of an appeal will not stay the effectiveness of the decision.
110.4.10 Amended Construction Documents. All work shall conform to the approved application and plans for which the permit has been issued and any approved amendments to them. Any changes made during construction which deviate substantively from the approved plans shall be resubmitted for approval by the Building Safety Division.
110.4.11 Interpretations. See Section 105.1 of the City of Albuquerque Uniform Administrative Code.
Section 2. SEVERABILITY CLAUSE. If any section, paragraph, sentence, clause, word or phrase of this ordinance is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this ordinance. The Council hereby declares that it would have passed this ordinance and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.
Section 3. COMPILATION. This ordinance shall be incorporated in and made part of the Uniform Administrative Code of the City of Albuquerque.
Section 4. EFFECTIVE DATE. This ordinance shall take effect five days after publication by title and general summary.
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