Summary:

 House Bill 210 (HB 210) enacts the Vacant Rural Building Act. HB 210 directs the adoption of a building code variance procedure applicable to the occupancy of a vacant commercial building by a small business that will reduce compliance costs, encourage rural economic development and protect public safety. HB 210 provides powers and duties. 

Legislation Overview:

 House Bill 210 provides in Section 1 that this act may be cited as the Vacant Rural Building Act (Act). 
SECTION 2 provides Definitions as used in the Act.
SECTION 3 provides powers and duties to a commission, division or rural municipality.
A. By or before January 1, 2026, the commission and division or the governing body of a rural municipality may adopt rules to: 
(1) provide a procedure to grant a variance from strict compliance with building code requirements for vacant commercial buildings that have no impact on the safe use and occupancy of a vacant commercial building by a small business if the circumstances of the occupancy make strict compliance with code requirements impossible, impracticable or infeasible, including consideration for the financial cost of strict compliance; 
(2) require a property owner or small business intending to occupy a vacant commercial building in a rural municipality to remedy only those conditions in the vacant commercial building that are determined by a state or local code official to affect life and safety; and 
(3) provide for certification that a small business's new occupancy of a vacant commercial building in a rural municipality qualifies for and is subject to the rules adopted pursuant to the Act. 
B. In developing the rules required by Subsection A, the commission and division or the governing body of a rural municipality and the certified building official of the rural municipality shall consider: 
(1) the standards and compliance requirements applicable to historic buildings pursuant to the 2021 New Mexico Existing Building Code as a model for compliance requirements applicable to the occupancy of a vacant commercial building in a rural municipality by a small business; and 
(2) building code compliance costs to small businesses in bringing vacant commercial buildings in rural municipalities up to code and  make efforts to reduce such costs. 
C. Nothing in this section shall be interpreted to undermine the division's or a rural municipality's duty to promote the general welfare of the people of New Mexico by providing for the protection of life and property.