HOUSE MEMORIAL 110

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Rebecca Dow

A MEMORIAL

REQUESTING THE CONSTRUCTION INDUSTRIES DIVISION OF THE REGULATION AND LICENSING DEPARTMENT TO CONVENE A WORKING GROUP TO STUDY EXISTING BUILDING CODE COMPLIANCE BARRIERS TO SMALL BUSINESSES USING VACANT BUILDINGS IN RURAL COMMUNITIES.

     WHEREAS, many of New Mexico's rural communities' downtown and commercial districts are lined with vacant and underutilized buildings; and

     WHEREAS, oftentimes, small businesses are deterred from occupying vacant commercial spaces in rural communities because it is cost-prohibitive for a small business to bring a vacant building up to full compliance with the existing building code; and

     WHEREAS, some existing building code requirements do not affect the ability of a small business to safely occupy and use a vacant building, but the costs of complying with these requirements become barriers to the full and productive utilization of vacant commercial buildings in rural communities; and

     WHEREAS, the 2015 New Mexico Existing Building Code provides alternatives and exemptions for historic buildings to comply with building code requirements; and

     WHEREAS, New Mexico's construction code allows for variances when the circumstances of a particular construction project make strict compliance with the code impossible or impracticable; and

     WHEREAS, the provision of an exemption or variance from existing building code requirements for small businesses wishing to occupy vacant buildings in rural communities would provide an incentive for small businesses to set up shop in rural communities and contribute to the economic vitality of the community and state as a whole;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the construction industries division of the regulation and licensing department be requested to convene a working group to study building code compliance barriers to small businesses using vacant buildings in rural communities and to develop recommendations to lessen the compliance barriers, including compliance costs; and

     BE IT FURTHER RESOLVED that the working group be composed of representatives from the construction industries division, the New Mexico home builders association, the New Mexico municipal league and other interested stakeholders; and

     BE IT FURTHER RESOLVED that the working group report its findings and recommendations to an appropriate interim committee by October 2017; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the president of the New Mexico home builders association, the board of directors of the New Mexico municipal league, the director of the construction industries division of the regulations and licensing department and the co-chairs of the New Mexico legislative council.

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