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Friday, July 30, 2010
State Eases Up on Building Code Plan
By Deborah Baker
Copyright © 2010 Albuquerque Journal
Journal Staff Writer
The state's Construction Industries Division, citing concerns from developers and builders, has scaled back some of its proposals for updating the energy efficiency of New Mexico's building codes.
The revised package of codes — which the CID says would still be among the strongest in the nation — is scheduled to be considered by the Construction Industries Commission at a meeting today in Albuquerque.
The proposed codes would not include a controversial requirement for sprinkler systems in homes.
Despite the revisions, some in the industry remain worried that the new codes would increase building costs and make New Mexico less competitive.
"Right now, in this economy, any hurdle is a reason for a deal not to happen," said Lynne Andersen, president of NAIOP, the commercial real estate developers' association.
The CID was unswayed by pleas from residential and commercial builders to delay the implementation of the codes for a couple of years.
The new regulations would become effective in January 2011, with a subsequent six-month grace period in which either the old or new codes could be used.
A major worry of commercial developers has been eliminated: The CID has backed off its proposal that if more than 50 percent of an existing building were remodeled, the entire structure would have to be upgraded to the new codes.
Instead, regulators would continue the current practice of requiring only the portion of the building that is being renovated to meet the new standards.
CID Director Lisa Martinez said Thursday that the developers pointed out problems the agency hadn't considered and that their objections "made an awful lot of sense."
Building owners renovating part of a structure for a new tenant, for example, might have had to disrupt or displace other tenants, possibly in violation of their leases, she said.
NAIOP's Andersen said the organization is happy with that change but worried that other code requirements will raise costs.
And she said she's baffled by the CID's policy that the new state regulations be 10 percent stricter than new national model codes.
"Why do we need to be ahead of the game?" she asked. "Why can't we be on the same page as the rest of the country, moving forward in a way that keeps a level playing field for all the states in terms of cost?"
Gov. Bill Richardson's administration has made energy efficiency a priority, and the proposed new codes would mean homes and office buildings would be nearly 20 percent more energy-efficient than those built under the current regulations.
Kelly O'Donnell, superintendent of the state Regulation and Licensing Department, which oversees the CID, said the new rules developed in a yearlong process "would not negatively impact New Mexico's crucial construction industry."
"This new code is energy efficiency for the long run and at the right price," she said in a statement issued Thursday.
Residential sprinklers
The CID is recommending that a mandate for residential fire sprinklers that is part of the newest national building code not be included in New Mexico's new rules.
The division wants the Construction Industries Commission instead to create a task force to study sprinkler-related issues, including safety, cost and the practicality of such systems in rural areas.
The Richardson administration had determined at the start of the code rewrite process that it wouldn't include a sprinkler mandate in this round of updates, but some advocates of the systems asked the CID at public hearings to reconsider.
"We felt that at this point in time if we were to include it, we were going to still have unanswered questions," Martinez said.
In response to objections from mechanical and other contractors, the CID also recommended easing the requirements for the efficiency of systems that provide heating, ventilation and air conditioning.
Contractors said some of the required equipment would not be readily available from manufacturers, and therefore would be more expensive and take longer to obtain.
Kevin Yearout, president of Yearout Mechanical in Albuquerque, said the CID's recommended changes improved the proposed codes and mean the energy-efficiency requirements would be doable.
"Mechanically, we can make it happen," he said.
But Yearout said meeting the new requirements would still cost more and would create uncertainty, especially as they're being implemented.
Because of the scope of the changes to the mechanical section of the new codes, the CID is asking the commission to order more public hearings on those provisions.
The CID says the new codes, which would require improved indoor air quality and increased energy and water efficiency, could make New Mexico a leader in sustainable building. The costs would be offset by reduced energy bills for homeowners and improved return on investment for commercial owners, according to the CID.
Martinez suggested in a report this week that the industry might never find a good time for the new codes to be adopted.
"When the economy picks up, they'll say, 'Not now; we need to recoup some (of) our losses,' '' she said. "When the economy recovers, they'll say, 'Not now, we're too busy.' "
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