16.39.4.8

INCIDENTAL PRACTICE OF ARCHITECTURE AND ENGINEERING - as defined in Subsection A of Section 61-23-22 NMSA 1978 means:

1. A. architectural work incidental to engineering shall be that architectural work provided on projects with a building construction value not greater than six hundred thousand dollars ($600,000) and having a total occupant load not greater than 50;
2. B. engineering work incidental to architecture shall be that engineering work provided on projects with a building construction value not greater than six hundred thousand dollars ($600,000) and having a total occupant load not greater than 50;

3. C. all buildings and related structures within the regulatory provisions of the New Mexico Uniform Building Code (NMUBC) will require the proper authentication of the building construction documents by all participating disciplines in accordance with their respective governing acts on projects with a building construction value greater than six hundred thousand dollars ($600,000) or having a total occupant load greater than 50, with the exception of:

   1. (1) single-family dwellings not more than two stories in height;
   2. (2) multiple dwellings not more than two stories in height containing not more than four 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 dwelling units each to form apartment or condominium complexes where the total exceeds four dwelling units on any lawfully divided lot;
   3. (3) garages or other structures not more than two stories in height which are appurtenant to buildings described in Paragraph (1) and (2) of Subsection C of 16.39.4.8 NMAC; or
   4. (4) nonresidential buildings, as defined in the uniform building code, or additions having a total occupant load of 10 or less and not more than two stories in height, which shall not include E-3 (Day Care), H (Hazardous), or I (Institutional) occupancies;
   5. (5) alterations to buildings or structures which present no unusual conditions, hazards or change of occupancy.
4. D. the owner, user or using agency shall select the prime design professional (architect or engineer) for any project based on the requirements and nature of the project;

5. E. occupant load shall be defined and determined by the method set forth in Table 33-A of the Uniform Building Code (UBC).

   HISTORY OF 16.39.4 NMAC:

   Pre-NMAC History: The material in this part is derived from that previously filed with the state records center & archives under: PE/PS Rule 92-1, Definitions, filed 1-30-92 and Rule No. 300.1 Regulations and Rules of Procedure - Incidental Practice of Architecture and Engineering, filed 10-28-94.

   History of Repealed Material:

   16 NMAC 39.4, Incidental Practice of Architecture and Engineering (filed 03-31-98) repealed 01-01-2002.

   Other History:

   Rule No. 300.1 Regulations and Rules of Procedure - Incidental Practice of Architecture and Engineering (filed 10-28-94) was renumbered, reformatted and replaced by 16 NMAC 39.4, Incidental Practice of Architecture and Engineering, effective 04-15-1998.

   16 NMAC 39.4, Incidental Practice of Architecture and Engineering (filed 03-31-98) was renumbered, reformatted and replaced by 16.39.4 NMAC, Incidental Practice, 01-01-2002.

[16.39.4.8 NMAC - Rp, 16 NMAC 39.4.8, 1/01/2002; A, 7/1/2015; A, 12/28/2017]