New Mexico Administrative Code
Title 3 - TAXATION
Chapter 3 - PERSONAL INCOME TAXES
Part 28 - SOLAR MARKET DEVELOPMENT TAX CREDIT
Section 3.3.28.11 - SAFETY, CODES AND STANDARDS
Universal Citation: 3 NM Admin Code 3.3.28.11
Current through Register Vol. 35, No. 18, September 24, 2024
A. Solar energy systems that the department may certify shall meet the following requirements:
(1) compliance with the latest adopted
version of all applicable federal, state and local government statutes or
ordinances, rules or regulations and codes and standards that are in effect at
the time that the applicant submits the application package;
(2) compliance with all applicable utility
company or heating fuel vendor requirements, if the system being served with a
solar energy system is also served by utility electricity or a heating
fuel;
(3) compliance with the
building code authority's structural design requirements, as applicable to new
and existing structures upon which solar energy system components may be
mounted and support structures of solar energy system components;
(4) permitted and inspected by the building
code authority for building, electrical or mechanical code compliance, as
applicable to the type of solar energy system installed; and
(5) a written final inspection approval
obtained from the building code authority after the solar energy system's
installation, as applicable to the solar energy system type, or alternative
system approval as allowed by 3.3.28 NMAC.
B. The department may certify a solar energy system that a taxpayer who is also the homeowner of the residence at which the solar energy system is located has installed and shall not certify a solar energy system that the owner of a non-residential facility has installed.
C. Solar thermal systems that the department may certify shall meet the following requirements:
(1) if installed at a residence by a
(a) contractor, installation by a certified
mechanical journeyman who is an employee of a company holding a valid New
Mexico mechanical contractor license provided, however, that an apprentice may
work under a validly certified journeyman's direct supervision;
(b) homeowner, installation by that homeowner
who has met all the building code authority's requirements for obtaining a
homeowner's permit, including passing a written examination for plumbing work
the building code authority administers;
(2) if installed at a non-residential
facility, installation by a certified mechanical journeyman who is an employee
of a company holding a New Mexico mechanical contractor license provided,
however, that an apprentice may work under a validly certified journeyman's
direct supervision; and
(3) design,
permitting and installation in full compliance with all applicable provisions
of the New Mexico Plumbing Code (14.8.2 NMAC), the New Mexico Mechanical Codes
(14.9.2 - 5 NMAC), Solar Energy Code 14.9.6 NMAC, the New Mexico General
Construction Building Codes (14.7.2 - 8 NMAC) and any amendments to these codes
adopted by a political subdivision that has validly exercised its planning and
permitting authority under NMSA 1978, Sections
3-17-6
and
3-18-6.
D. Photovoltaic systems that the department may certify shall meet the following requirements:
(1) if installed at a residence by a:
(a) contractor, installation by a certified
electrical journeyman who is an employee of a company holding a valid New
Mexico electrical contractor license provided, however, that an apprentice may
work under a validly certified journeyman's direct supervision; or
(b) homeowner, installation by that homeowner
who has met all the building code authority's requirements for obtaining a
homeowner's permit, including passing a written examination for electrical work
the building code authority administers;
(2) if installed at a non-residential
facility, installation by a certified electrical journeyman who is an employee
of a company holding a New Mexico electrical contractor license provided,
however, that an apprentice may work under a validly certified journeyman's
direct supervision; and
(3) design,
permitting and installation in full compliance with all applicable provisions
of the New Mexico Electrical Code (14.10.4 NMAC) and any amendments to these
codes adopted by a political subdivision that has validly exercised its
planning and permitting authority under NMSA 1978, Sections
3-17-6
and
3-18-6.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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