New Mexico Register / Volume XXXIII, Issue 3 / February 8,
2022
TITLE
10 PUBLIC SAFETY AND LAW
ENFORCEMENT
CHAPTER
25 STATE FIRE MARSHAL
PART
12 INSPECTION OF FIRE AND
SMOKE DAMPERS
10.25.12.1 ISSUING AGENCY: New Mexico Department of Homeland Security
& Emergency Management
[10.25.12.1
NMAC - N, 2/8/2022]
10.25.12.2 SCOPE: This rule requires the inspection and testing
of mechanical fire and smoke dampers and smoke control systems in places of
assembly, educational occupancies, institutional occupancies, residential
occupancies consisting of four or more family units, mercantile occupancies,
industrial occupancies, storage occupancies, and miscellaneous structures
consisting of towers, underground structures and windowless buildings and all
buildings owned or occupied by the state or any political subdivision thereof
or by municipal governments. It also sets the minimum qualifications for the
inspection and testing of fire and smoke dampers and some control systems.
[10.25.12.2
NMAC - N, 2/8/2022]
10.25.12.3 STATUTORY AUTHORITY: Section 59A-52-15.1 NMSA 1978.
[10.25.12.3
NMAC - N, 2/8/2022]
10.25.12.4 DURATION: Permanent.
[10.25.12.4
NMAC - N, 2/8/2022]
10.25.12.5 EFFECTIVE DATE:
Unless
a later date is otherwise provided by law or in the rule, the effective date of
this rule shall be the date of publication in the New Mexico register.
[10.25.12.5
NMAC - N, 2/8/2022]
10.25.12.6 OBJECTIVE: The purpose of this rule is to protect the
safety and welfare of New Mexicans by providing inspection and testing in
accordance with national fire protection association standards.
[10.25.12.6
NMAC - N, 2/8/2022]
10.25.12.7 DEFINITIONS: [RESERVED]
[10.25.12.7
NMAC - N, 2/8/2022]
10.25.12.8 CERTIFICATE OF FITNESS FOR
INSPECTORS AND TESTERS:
A. The state fire marshal or its
designee shall issue a certificate of fitness for the inspection and testing of
fire and smoke dampers to persons fulfilling all requirements. pursuant to
10.25.2.8 and 10.25.2.9 NMAC.
B. For inspectors and testers
other than the state or a political subdivision of the state with a fire and
life safety enforcement program, the certificate of fitness application shall
include verification of the applicant’s fire life safety certification from an
American national standards institute’s accredited program in addition to all
other requirements listed herein.
C. for
certification to inspect and test fire and smoke dampers, an application shall
include:
(1) for
mechanically actuated fire and smoke dampers, applicants shall provide
documentation of a valid NFPA-Certified Fire Protection Specialist
certification or of an approved fire and life safety certification from a
program accredited by the American National Standards Institute (ANSI).
(2) for electrically actuated fire and smoke dampers monitored
by a fire alarm system, applicants shall comply with requirements of Paragraph
(5) of Subsection A of 10.25.2.9 NMAC.
(3) for
fire and smoke dampers with both mechanical and electrical components, the
applicant inspecting the mechanical components shall provide documentation
pursuant to (1) of this section and the applicant inspecting the electrical
components shall provide documentation pursuant to (2) of this section.
[10.25.12.8
NMAC - N, 2/8/2022]
10.25.12.9 REQUIRED INSPECTION AND TESTING OF
FIRE AND SMOKE DAMPERS:
A. Inspections. The inspection and testing of fire and smoke
dampers and smoke control systems shall be required in accordance with national
fire protection association standards in places of assembly, educational occupancies,
institutional occupancies, residential occupancies consisting of four or more
family units, mercantile occupancies, industrial occupancies, storage
occupancies, and miscellaneous structures consisting of towers, underground
structures and windowless buildings and all buildings owned or occupied by the
state or any political subdivision thereof or by municipal governments.
B. Findings. The
person conducting the inspection or test shall submit findings of noncompliance
to the owners of the public occupancy and to the state fire marshal.
C. Inspector
Qualifications. The inspection and testing of fire and
smoke dampers and smoke control systems shall be conducted by qualified
individuals pursuant to 10.25.12.8 NMAC.
[10.25.12.9
NMAC - N, 2/8/2022]