7.35.2.8 (A)(4) to (9) · the building, and the papers that prove it
The facility
Two things in one place: what the adopted rule requires of the premises, including what it does not require, and where the four building papers the application asks for come from: the certificate of occupancy, proof of fire code compliance, the electrical and HVAC inspection reports, and the owner's proof or statement. City of Santa Fe and Santa Fe County are worked; other jurisdictions follow.
Rule text from 7.35.2 NMAC as adopted June 23, 2026. Agency pages read September 7, 2026.
1. What the rule requires inside the building
Every physical requirement 7.35.2 NMAC places on a producer's premises, cited to the adopted text. A laboratory's premises carry the general items only; the rule's laboratory requirements are about credentials, methods, and reporting. For testing laboratories
SURFACESPost-harvest processing equipment, counters, and surfaces are food-grade and do not react with any solvent in use. Floors, walls, ceilings, counters, and surface areas are built and kept "in a manner that reduces the potential development of microbials, molds, and unintended fungi." 7.35.2.10 (B), (C), p. 5
SANITATIONThe premises are free of conditions that could contaminate product and suitable for safe and sanitary operation, and sixteen named subparts of the 2022 FDA Model Food Code apply as though set out in the rule: personal cleanliness and hygienic practices; the numbers, capacities, location, installation, maintenance, cleaning, and sanitization of equipment and utensils; water; the plumbing system; sewage, other liquid waste, and rainwater; and the materials, design, construction, installation, numbers, location, and maintenance of the physical facility. 7.35.2.10 (D), p. 5; 7.35.2.23, p. 15
STORAGE"Store all psilocybin products in a secured, locked area, including psilocybin products that require refrigeration." This is the rule's whole security requirement for the premises. 7.35.2.10 (E), p. 5
QUARANTINEA lot awaiting test results is segregated "in a secure container and stored under controlled environmental conditions (temperature, humidity, light) designed to limit microbial growth or other spoilage," labeled with the traceability number, the laboratory, the sampling date, and "AWAITING TEST RESULTS. DO NOT USE." in 12-point capitals. A place for that container is a design item. 7.35.2.19 (K), p. 12
SAMPLINGThe laboratory collects samples on site and must be given access to the entire lot; the producer may set precautions, gloves and protective equipment, inspection of tools and containers, a specified sampling location, and off-limits areas among them. 7.35.2.19 (B)(4), pp. 9 to 10
WASTEWasted psilocybin is rendered unusable and disposed of under applicable waste law; a producer's written procedures cover waste disposal and the handling and storage of solvents and chemicals per their safety data sheets. 7.35.2.21, p. 14; 7.35.2.13, p. 6
RECORDSWritten policies and procedures are kept on the premises at all times; sales and invoicing records are kept where the department is told they are; the department may enter during business hours with or without notice and must be given immediate access to records. 7.35.2.13, p. 6; 7.35.2.25, p. 16
VEHICLEThe one place the rule specifies hardware is the transport vehicle: a locked box, container, or cage secured inside; locked when unattended; an alarm; state registration; nothing visible from outside. 7.35.2.24 (A), p. 15
CHANGESAn amended permit before any substantial structural modification; notice to the department of equipment changes that substantially affect production. The department told the Propagation Committee on March 11, 2026 that "only changes that significantly impact production processes require approval" and "minor additions do not require notification." 7.35.2.8 (D), p. 5; March 11 minutes
2. What the rule does not require of the building
The words camera, surveillance, alarm system, fence, badge, visitor, and log do not appear in the premises provisions; an alarm is required of the vehicle only, and an employee badge is what the driver shows. Indoor cultivation is not required. No square footage, room count, ventilation standard, or air handling standard is stated. No security plan is required with the application.
The Propagation Committee's framework outline, in its January 22, 2026 and later versions, listed "Double locks, Video surveillance, Alarm system, Keypad entry" and "Commercial grade locks" as ways an applicant might "demonstrate psilocybin containing mushrooms/products are kept in a secure location," and "Indoor or controlled-environment cultivation required." Those were committee bullets; the adopted text carries the secured, locked area and nothing further. Framework outline, January 22; later version. Whether the department asks for a security description in the application itself is a question for the portal; the rule does not.
3. The certificate of occupancy
The rule asks for one and does not say what it is for; a certificate of occupancy is issued by the local building authority when a building, or a changed use of it, passes final inspection. 7.35.2.8 (A)(4), p. 4
CITYThe Land Use Department is "the authority having jurisdiction over building permits within the city limits." It issues building permits and the electrical, mechanical, plumbing, gas, and sewer permits, through the Citizen Self-Service portal; commercial plan review is 75 percent of the permit fee, and permit fees rise with construction valuation from $25 at $500 of work. A Commercial Preliminary Zoning Review may be requested before a commercial building permit. Building Permits; fee schedule; Current Planning. Contacts: permitcounter@santafenm.gov; commercial plan review bxlopez@santafenm.gov.
COUNTYEvery building or development outside the incorporated cities needs a development permit under the Sustainable Land Development Code, "any change in use" included. Standard permits take fifteen working days. The homeowner or applicant requests the inspections that lead to the Certificate of Completion and Certificate of Occupancy at inspections@santafecountynm.gov or 505-986-6307. Building and Development Services FAQ; Getting started. Before applying, the county lists six checks: zoning, legal lot of record, condition of the property, no unresolved unpermitted development, emergency vehicle access, height and setbacks.
EXISTINGA building already occupied under a certificate for another use may need a new one for the changed use; the county names change of use as needing a permit, and the city's business registration runs through zoning. Neither page states a shortcut for a tenant moving into a permitted commercial space; ask the permit counter with the address in hand.
4. Proof of fire code compliance
CITYThe Fire Marshal's Office inspects to the International Fire Code 2021 and NFPA standards as part of the business Certificate of Compliance, contacting the applicant to schedule once the application is filed. Certificate of Compliance inspections $25 to $300; annual inspections $30 to $200 by floor area. Commercial building permits get a fire plan review, with deferred submittals for sprinkler ($150), alarm ($50), and hood suppression ($50) plans. Certificate of Compliance; Plan review. sffd_fmo@santafenm.gov, 505-955-3310.
COUNTYFire Prevention and Risk Reduction reviews plans, inspects commercial buildings for fire code compliance, and enforces the 2021 International Fire Code and the 2021 Wildland-Urban Interface Code. Initial business license fire inspection $25 to $150; plan review of a commercial sprinkler system $200, fire alarm $150, alternative extinguishing $100. For fire protection systems, "both rough in and final inspections shall be conducted prior to a certificate of occupancy being released." Fire Prevention; fee schedule. fireprevention@santafecountynm.gov, 505-992-3070.
PROOFThe rule names no document. The inspection report or the certificate the fire authority issues at the end of its inspection is the record that exists; ask the office for a copy addressed to the facility.
5. Electrical and HVAC inspection reports
The rule asks for "electrical and HVAC inspection reports" and says nothing about who issues them, how recent they must be, or whether an existing building with no new work needs a fresh inspection. 7.35.2.8 (A)(6), p. 4. The department told the committee on March 11, 2026 that "many inspection requirements are typically included within certificate of occupancy processes." Minutes. In practice an inspection report is what an electrical or mechanical permit produces when the inspector passes the work, so a building that gets a permit for its build-out gets the reports with it.
STATEWIDENo electrical, plumbing, or mechanical work may be installed, repaired, or maintained without a permit first obtained, and all permitted work must be inspected; the Construction Industries Division of the Regulation and Licensing Department administers this everywhere a local enforcement agency does not. Permits: the division's portal at nmrld.my.site.com. Inspections: CID.Inspection@rld.nm.gov, 505-222-9813 in the Albuquerque area, 877-243-0979 elsewhere, or the online form, with the permit number, the inspection type, and a contact; "Individual inspectors will no longer accept inspection requests." Santa Fe office 505-476-4700. 14.5.3 NMAC; Apply for a permit; Inspection request.
CITYInside Santa Fe's city limits the city is the local enforcement agency: its Inspections and Enforcement Division performs building, electrical, mechanical, and plumbing inspections, scheduled through the Citizen Self-Service portal or at 505-955-6150, inspectionscounter@santafenm.gov. Electrical and mechanical permits are $40 each. Inspections and Enforcement; fee schedule.
COUNTYIn unincorporated Santa Fe County, "inspections for foundations, framing, electrical and plumbing are conducted by the State Construction Industries Division," reached at 505-476-4700; county staff inspect wells, cisterns, and rainwater systems. County FAQ
NO NEW WORKWhere a building needs no electrical or mechanical work, no permit opens and no inspection report is generated by either authority. What the department accepts in that case is not stated anywhere read; a licensed contractor's inspection report is the document that can be produced on request, and the question is worth asking the department before the lease is signed.
6. Proof of ownership, or the owner's statement
"Proof of ownership of the facility or a signed, written statement from the owner of the property acknowledging that the owner understands that the tenant will be participating in the medical psilocybin program as a permittee and what their permit allows." A lease is not the statement; the owner signs one. 7.35.2.8 (A)(9), p. 4. The county's own business license process asks the same of its applicants. Draft the owner's statement
Other jurisdictions
Not yet written. Albuquerque, Las Cruces, and Rio Rancho are reported by industry guides to be local enforcement agencies for construction inspections alongside Santa Fe; the division's own page does not publish the list, so each is confirmed against its own building department before it is added here.