New Mexico Register / Volume
XXXIII, Issue 3 / February 8, 2022
TITLE 14 HOUSING
AND CONSTRUCTION
CHAPTER 5 CONSTRUCTION
INDUSTRIES GENERAL PROVISIONS
PART 1 GENERAL PROVISIONS
14.5.1.1 ISSUING
AGENCY: Construction Industries Division (CID) of the
Regulation and Licensing Department.
[14.5.1.1 NMAC - Rp, 14.5.1.1 NMAC, 3/10/2022]
14.5.1.2 SCOPE: This
rule applies to all the administration, interpretation, and enforcement of contracting
work performed in New Mexico subject to the jurisdiction of Construction
Industries Licensing Act and the Liquefied Petroleum and Compressed Natural Gas
(LPG & CNG Act).
[14.5.1.2 NMAC - Rp, 14.5.1.2 NMAC, 3/10/2022]
14.5.1.3 STATUTORY
AUTHORITY: Section 60-13-9 NMSA 1978.
[14.5.1.3 NMAC - Rp, 14.5.1.3 NMAC, 3/10/2022]
14.5.1.4 DURATION: Permanent.
[14.5.1.4 NMAC - Rp, 14.5.1.4 NMAC, 3/10/2022
14.5.1.5 EFFECTIVE
DATE: March 10, 2022, unless a later
date is cited at the end of a section.
[14.5.1.5 NMAC - Rp, 14.5.1.5 NMAC, 3/10/2022]
14.5.1.6 OBJECTIVE: The purpose of this rule is to set forth
general provisions as the statewide minimum standards governing construction
contracting work in New Mexico.
[14.5.1.6 NMAC -
Rp, 14.5.1.6 NMAC, 3/10/2022]
14.5.1.7 DEFINITIONS: The
definitions in this section are used throughout the construction industries division
rules contained in Chapters 5 through 10 of Title 14.
A. “Apprentice” means
an individual who is learning a particular trade from a validly licensed
employer. CID recognizes apprentices whether registered in an apprenticeship
program recognized by the New Mexico state apprenticeship council pursuant to
the New Mexico department of workforce solutions or unregistered while learning
the particular trade skills.
B. “Authority having jurisdiction”
“AHJ” means the state or a
municipality, county or other political subdivision that has a full-service
building department employing a full-time certified building official and has
permitting, inspection and enforcement authority over the general construction,
electrical and mechanical-plumbing trades within its jurisdiction. Provided
however, that a municipality, county or other political subdivision established
as an AHJ prior to July 1, 2009, with authority over specified trades shall
continue in that capacity without a full-service building department until
relinquishing its authority as a building trades department.
C. “Baby changing facility” means a table
or other device suitable for changing the diaper of a child age three or under.
D. “Certified building official” “CBO" means an employee of
the state, a county, a municipality or other political subdivision who is
approved by the division as to experience and qualifications, and who has a
broad knowledge of the construction industry, holds a current nationally
recognized code organization certified building official certificate and has
been either a practicing inspector or practicing contractor for at least five
years or held a management position in a construction-related business or
construction organization for at least five of the past 10 years. Each CBO is
charged with the administration and enforcement of the provisions of the
Construction Industries Licensing Act and the administrative codes under the
act.
E. “Certificate of occupancy”
“C/O” means the written approval for a newly constructed building or for a
change in building occupancy, certifying that the building has passed all
required inspections and is safe for occupancy. Once issued it remains in
effect unless suspended or revoked pursuant to Subsection F of 14.5.3.13 NMAC.
F. “Change of occupancy”
means a change in the use of the building or portion of a building including a
change of the occupancy classification or any change in use within a
classification group to another occupancy in the group.
G. “CID” and “division”
mean the construction industries division of the regulation and licensing
department.
H. “CID rules” means the rules compiled in Title 14,
Chapters 5 through 10 of the New Mexico Administrative Code.
I. “CILA” means
the Construction Industries Licensing Act, Section 60-13-1 et seq. NMSA 1978.
J. “CIC” and “Commission” means the construction industries
commission.
K. “Code” means the statewide construction codes
adopted by the commission.
L. “Code Bond”: means the construction
license bond required in Section 60-13-49 NMSA 1978, for correction of code
violations certified by the division.
M. “Commercial” means
a structure that is classified as having a use identified in the New Mexico
Commercial Building Code, including but not limited to, assembly, business
including a public building, educational, institutional, mercantile, storage or
utility.
N. “Commercial or
industrial work” means all electrical, mechanical or plumbing work not
defined as residential work in 14.6.6. NMAC.
O. “Commissioning”
means test procedures and results completed and certified by the registered
design professional or approved agency and provided to the building owner or
owner’s authorized agent.
P. “Completion” means the date of the
issuance of a certificate of occupancy or the date of the final inspection by
the governmental entity having jurisdiction over code enforcement.
Q. “Contracting”
has the same meaning as defined in Section 60-13-3 NMSA 1978.
R “CVD”: means a code violation
determination report prepared by a division employee.
S. “Direct supervision” means supervision,
inspection and evaluation by a certified journeyman, working in the immediate
proximity of a trainee or apprentice, overseeing all classification activities
as they occur while providing direction, feedback, assistance and evaluation of
the work of the apprentice.
T. “Director” has
the same meaning as defined in Subsection N of Section 60-13-2 NMSA 1978.
U. “Disqualifying criminal
conviction” has the same meaning as defined in Subsection E of Section
61-1-36 NMSA 1978.
V. “Electrical wiring” means installation;
alteration; connection; service and maintenance; demolition; or repair of
raceways; conduits; conductors; cables; boxes; fittings; wiring devices;
luminaires; overcurrent devices; distribution equipment; or other equipment or
apparatus that is used as part of, or in connection with, an electrical
installation.
W. “Fixed works” means
public work projects and facilities that require specialized engineering,
knowledge and skill
X. “Foreman” means
an owner or employee of a licensed company with experience in a particular
trade who is charged with organizing and managing the execution of that trade
for single or multiple projects for the licensed entity.
Y. “Formal hearing” means a hearing held
under the ULA, Section 60-1-1 through 60-1-33 NMSA 1978.
Z. “Gross incompetence or gross negligence” means, but shall not be limited to, a
significant departure from the prevailing industry standard, manufacturer
specifications or any provision of CILA, ULA or rule adopted by the commission
AA. “IBC”
means the International Building Code currently adopted by reference.
BB. “Industrial” means buildings and
structures designed to house industrial processes for assembling,
disassembling, fabricating, finishing, manufacturing, packaging, repair or
processing operations.
CC. “Informal hearing” means a hearing held
pursuant to Subsection C of Section 60-13-27 NMSA 1978.
DD. “Inspector”
means a person certified by the division and certified by one or more trade
bureaus to conduct inspections of permitted work, in the jurisdiction of the
AHJ employing said inspector to ensure that all work performed by a contractor
or a homeowner complies with the CILA and its administrative code.
EE. “IRC” means the International
Residential Code currently adopted by reference.
FF. “License” means a license,
registration, certificate of registration, or certificate.
GG. “Licensing fee” has the same meaning as
defined in Paragraph (2) of Subsection F of Section 61-1-34 NMSA 1978.
HH. “LPG
standards” means Section 70-5-1 et seq. NMSA 1978, LPG and CNG Act and
19.15.40 NMAC, Liquefied Petroleum Gas Standards, collectively.
II. “Mechanical and or plumbing work” means
installation, alteration, connection, maintenance, demolition, or repair of
piping, fixtures, or equipment as defined in Section 60-13-32 NMSA 1978; ducts, appurtenances or other equipment that
is used as part of, or in connection with a mechanical or plumbing system
installation.
JJ. “Military service member” has the same
meaning as defined in Paragraph (3) of Subsection F of Section 61-1-34 NMSA
1978.
KK. “NMCBC” means
14.7.2 NMAC, the currently adopted New Mexico Commercial Building Code, which
adopts by reference and amends the designated IBC
LL. “New Mexico certified
building official” and “NMCBO”
means a person who meets the qualifications of a CBO, is employed by CID as a
trade bureau chief, and appointed by the director as the state of New Mexico’s
CBO. The NMCBO has ultimate authority over conflicts arising among AHJs other
than trade bureau chiefs.
MM. “New
Mexico construction code(s”) means any of the rules compiled in Title 14,
Chapters 7 through 10 of the New Mexico Administrative Code.
NN. “New restroom” means
a toilet facility constructed as part of the construction of a new commercial building
or facility, constructed as part of a new addition to an existing commercial building
or facility, constructed as a standalone restroom facility, or a new toilet
facility constructed in an existing building.
OO. “NMCBC”
means 14.7.2 NMAC, the currently adopted New Mexico Commercial Building Code,
which adopts by reference and amends the designated IBC.
PP. “NMEBC”
means 14.7.7 NMAC, the currently adopted New Mexico Existing Building Code,
which adopts by reference and amends the designated International Existing Building
Code.
QQ. “NMEBMC”
means 14.7.4 NMAC, currently adopted New Mexico Earthen Building
Materials Code.
RR. “NMEC”
means 14.10.4 NMAC, the currently adopted New Mexico Electrical Code,
which adopts by reference and amends the designated National Electrical Code.
SS. “NMRECC”
means 14.7.6 NMAC, the currently adopted New Mexico Residential Energy
Conservation Code, which adopts by reference and amends the designated International
Residential Energy Conservation Code.
TT “NMCECC” means
14.7.9 NMAC, the currently adopted New Mexico Commercial Energy Conservation
Code, which adopts by reference and amends the designated International Commercial
Energy Conservation Code.
UU. “NMESC” means 14.10.5 NMAC, the currently
adopted New Mexico Electrical Safety Code, which adopts by reference and
amends the designated National Electrical Safety Code.
VV. “NMMC”
means 14.9.2 NMAC, the currently adopted New Mexico Mechanical Code,
which adopts by reference and amends the designated Uniform Mechanical Code.
WW. “NMPC”
means 14.8.2 NMAC, the currently adopted New Mexico Plumbing Code, which adopts
by reference and amends the designated Uniform Plumbing Code.
XX. “NMRBC”
means 14.7.3 NMAC, the currently adopted New Mexico Residential Building Code,
which adopts by reference and amends the designated International Residential Code.
YY “NMSEC” means
14.9.6 NMAC, the currently adopted Mexico Solar Energy Code, which adopts by
reference and amends the designated Uniform Solar Energy Code.
ZZ. “NMSPSHTC”
means 14.8.3 NMAC, the currently adopted New Mexico Swimming Pool, Spa, and Hot
Tub Code, which adopts by reference and amends the designated Uniform Swimming Pool,
Spa, and Hot Tub Code.
AAA. “NOI” means a notice of investigation prepared by a division
employee.
BBB “Notice of contemplated action”
(“NCA”): means the official notice to a licensee that the commission is
seeking to take action against a licensee for alleged violations of the CILA or
rules promulgated by the commission.
CCC. “Place of public accommodation”
means a structure or facility intended to accommodate members of the public
as specifically provided in Section 60-13-10.3 NMSA 1978 and supplemented in Table 2902.1 of the NMCBC
14.7.2.37 NMAC.
DDD. “Prime contractor” means the licensed
contractor who contracted with the property owner to oversee the construction
project and act as the owner’s agent as defined in Subsection B of 14.6.6.8 and
Subsection A of 14.6.6.9 NMAC.
EEE. “Public building” means a building or other structure on
publicly owned lands or used by the state, a municipality, county or other
political subdivision of the state using state, municipal or county funds,
bonds or other revenue
FFF. “Published code” means any code or standard published by an entity other than the state
of New Mexico and adopted by reference, or referred to as a standard in the CID
rules.
GGG. “Residential work” means work on one
and two family dwelling units, and residences including apartment houses
accommodating not more than four family units (Groups R-1, R-2, R-3) as defined
in 14.7.2 NMAC. This includes structures
in Group U, as defined in 14.7.2 NMAC, when incidental to groups R-1, R-2 and
R-3.
HHH. “Roof coating” means a fluid material applied in the field as a
sacrificial film to the roof surface to provide weather protection over the
original waterproof membrane. The
coating protects the waterproof roof substrate from the weather (solar
radiation, heat and moisture) and may change the appearance of the roof. Roof coatings do not replace a roof assembly
or roof covering.
III. “School” means a public school, a
school district, a regional educational cooperative, shared maintenance
program, charter school, or private school, recognized by the New Mexico public
education department that offers grade levels from kindergarten through 12th
grade only.
JJJ. “Statewide inspector’s certificate”
means a state-issued certificate that enables an inspector to conduct
inspections in one or more trade bureau jurisdictions for the state or any
county, municipality or other political subdivision in which the inspector is
employed and that has a certified building official in its employ.
KKK. “Sub-contractor” means a licensed contractor who is hired by the
prime contractor, regardless if the sub-contractor obtains its own permit or
works under the permit obtained by the prime contractor.
LLL. “Substantially equivalent” means the determination by the
Construction Industries Division that the education, examination, and
experience requirements contained in the statutes and rules of another
jurisdiction are comparable to, or
exceed the education, examination, and experience requirements of the
Construction Industries Licensing Act.
MMM. “Surety” means the insurance company
authorized by the NM department of insurance to transact business in New Mexico
and acts as the underwriter of a contractor’s code bond.
NNN. “Technically infeasible”
means an alteration of a facility that has little likelihood of being
accomplished because the existing structural conditions require the removal or
alteration of a load-bearing member that is an essential part of the structural
frame, or because other existing physical or site constraints prohibit modification
or addition of elements, spaces or features which are in full and strict
compliance with the minimum requirements for new construction and which are
necessary to provide accessibility.
OOO. “Trade bureau” means
the general construction, mechanical-plumbing, electrical or liquefied
petroleum (LP) gas trade bureau of the CID.
PPP. “Trade bureau chief”
“TBC” means the administrative head
of a New Mexico CID trade bureau charged with the administration and
enforcement of the trade bureau’s state adopted codes and standards. The trade bureau chiefs are the ultimate
authority having jurisdiction to determine and render interpretations of their
trade codes. The trade bureau chief
shall recommend to the CID and the CIC all minimum standards and codes, for
their specific trade(s), for adoption.
QQQ. “ULA” means the Uniform
Licensing Act, Section 61-1-1 et seq. NMSA 1978.
RRR. “Unregistered apprentice”
means a person who, for the purpose of learning a trade of journeyman and is
not registered in an apprenticeship program recognized by the New Mexico state
apprenticeship council.
SSS. “Veteran” has the same meaning as
defined in Paragraph (4) of Subsection F of Section 61-1-34 NMSA 1978.
[14.5.1.7 NMAC - Rp,
14.5.1.7 NMAC, 3/10/2022]
14.5.1.8 RESPONSIBILITY
FOR COMPLIANCE:
A. Every person who performs work in connection with the
installation, construction, alteration, repair or demolition of
any building or structure, or on any electrical, gas, mechanical or plumbing
system, or other constructions as defined by Section 60-13-3 NMSA 1978
or Section 70-5-6 NMSA 1978 and regulated by the division’s statutes and rules
is responsible for complying with all statutes and rules.
B. When a violation of the statutes or code is alleged,
the AHJ shall investigate the allegation to obtain sufficient evidence or proof
to determine whether a violation has occurred.
The AHJ may require tests, at no cost to CID or the AHJ, to determine
compliance. Such tests shall be
conducted in conformance with nationally recognized testing standards, or if no
standards have been established, in conformance with such specifications as the
AHJ shall approve.
[14.5.1.8 NMAC - Rp,
14.5.1.8 NMAC, 3/10/2022]
14.5.1.9 CONFLICTS:
A. Between current New Mexico
construction codes. When the provisions of one New Mexico
construction code specifies different materials, methods, construction, or
requirements than another New Mexico construction codes, the general
rule of legal interpretation shall be applied that the most specific provision
shall govern over more general provisions.
B. Title 14 NMAC is
recognized as the state minimum standards. An AHJ may enact ordinances that are
stricter than the state adopted minimum codes. If a conflict arises between the
TBC and the CBO of an AHJ regarding compliance with a particular state adopted
minimum code, the determination of the TBC shall control. The interpretation of
an AHJ ordinance beyond the requirements of the state adopted minimum codes is
the sole authority of the CBO of the AHJ
C. With prior New
Mexico construction codes. The code
adopted at the time a structure is built or modified governs. If modifications are made under a subsequent
code, that code governs the areas modified. If all or any part of the structure is
determined to be unsafe, 14.5.1.12 NMAC shall apply.
D. Between
current New Mexico construction codes and codes adopted by other state
agencies. The NMRBC and the NMCBC establish the type of
structure, the design, construction and the occupancy classification of a
building. These codes shall govern over any codes concerning construction
adopted by other agencies which conflict as to type of structure, the design,
construction and the occupancy classification. The construction codes adopted
and enacted by the CID shall govern if the construction is specifically
required in the enacted code.
E. With requirements
of other agencies. All licensees, qualifying
parties and journeymen must follow all regulatory agency laws when said
agency has jurisdiction over certain aspects of a project. These may include, but are not limited to,
compliance with fire code standards enforced by the state fire marshal, any
local fire code enforcement agency; or any other applicable code or standard
enforced by the state environment department; the state health department,
state human services department; transportation department, the public regulation
commission; homeland security and emergency management department, the
governor’s committee on the concerns of the handicapped; historical
authorities; and local zoning, and floodplain.
F. With referenced
and incorporated codes and standards.
The provisions of any published code or standard referenced in the CID
rules shall be deemed to be incorporated into and made part of the CID rules, including
all modifications and amendments to the referenced codes and standards. If the
reference results in a conflict between the provision of the published code or
standard and the CID rules, the CID rules shall govern.
[14.5.1.9 NMAC - Rp,
14.5.1.9 NMAC, 3/10/2022]
14.5.1.10 CERTIFIED
BUILDING OFFICIAL FOR AN AHJ: Power and duties:
The CBO is responsible for
enforcing the state and local rules and codes in an AHJ. The interpretations and
procedures established by a CBO must be in compliance with CID statutes and
rules.
[14.5.1.10 NMAC - Rp,
14.5.1.10 NMAC, 3/10/2022]
14.5.1.11 TRADE
BUREAU CHIEFS:
A. Powers and duties: Each
trade bureau chief is the ultimate authority and is authorized to render
interpretations of the trade bureau’s adopted New Mexico codes and standards
and to establish procedures for the interpretation and application of those codes.
B. Alternative materials and methods of
construction: The trade bureau
chief is authorized to permit a variance or approve an alternative material or
method of construction as provided in this section.
C. Variances. If
the circumstances of a particular construction project make strict compliance
with state adopted code(s) and standards technically infeasible or
impracticable, the trade bureau chief responsible for enforcing that code has
the authority to approve a variance. No
variance shall be valid or have force or effect unless issued in writing and
signed by the trade bureau chief.
D. Alternatives. The trade
bureau chief is responsible, for approving materials, designs and methods of
construction that are not expressly specified in that particular code.
E. Supporting data. The trade
bureau chief may require supporting data be supplied by the requestor.
[14.5.1.11 NMAC - Rp,
14.5.1.11 NMAC, 3/10/2022]
14.5.1.12 UNSAFE
STRUCTURES OR OTHER LIFE SAFETY HAZARD:
A. For purposes of this section, an unsafe
condition is any condition that poses an actual threat to the health, safety or
welfare of persons or property and constitutes a violation of the CILA or its rules.
B. When conducting
an inspection, if an inspector discovers an unsafe condition or a life safety
hazard the inspector shall take the following action:
(1) If the unsafe condition
or hazard results from construction in progress, issue a correction notice and
stop work order as is applicable to abate the unsafe condition or hazard; if a
stop work order is appropriate the inspector shall contact the TBC or CBO for
authority to issue the stop work order unless the correction is for life
safety. In such circumstance the stop work order shall be issued by the inspector
providing notification to the specific TBC or CBO.
(2) If the unsafe condition
or hazard is in an existing building not related to construction in progress,
complete a correction notice detailing the observed unsafe condition or hazard.
Either a correction notice or report shall be provided to the AHJ and the
owner, agent or person in control or possession of the structure when the
identity of the owner, agent or person cannot be readily determined. The report
shall be provided no later than 48 hours after the observation of the unsafe
condition.
(3) If the unsafe condition
or hazard relates to any utility
service the inspector shall proceed in accordance with Subsections A through D
of Section 60-13-42 NMSA 1978; any service disconnected pursuant to this rule
shall not be reconnected without the prior written approval of the TBC or CBO.
C. If requested by a condemning
authority, the TBC or CBO of the applicable AHJ will inspect or
designate an inspector to inspect the property within its jurisdiction and
report findings to the condemning authority pursuant to Paragraph (2) of
Subsection B of this section.
[14.5.1.12 NMAC - Rp,
14.5.1.12 NMAC, 3/10/2022]
14.5.1.13 TECHNICAL
ADVISORY COMMITTEE:
A. Each TBC may create a technical advisory committee and appoint members
to assist the TBC in an advisory capacity on technical aspects of the
particular industry.
B. The committee will meet at the call of the trade bureau chief.
C. The members
serve at the pleasure of the TBC.
[14.5.1.13 NMAC - Rp,
14.5.1.13 NMAC, 3/10/2022]
14.5.1.14 APPEALS:
A. All appeals, other than the allowable appeal to the commission regarding
identical or similar names pursuant to Section 60-13-13.2 NMSA 1978 shall
follow provisions of the ULA.
B. Appeals from the
decision of the commission shall be made in writing to the district court as
provided in Section 61-1-17 NMSA 1978.
[14.5.1.14 NMAC - N, 3/10/2022]
History of 14.5.1
NMAC:
Pre-NMAC History:
Material in this part was derived from that previously filed with the
commission of public records - state records center and archives as:
CIC 70-2, General
Construction Classifications, filed 11/25/1970;
CIC 72-4, General
Construction Classifications, filed 2/16/1972;
CIC 76-2, Rules and
Regulations, filed 5/05/1976;
CID 78-2, Rules and
Regulations, filed 12/05/1978;
CID 79-1, Rules and
Regulations, filed 6/06/1979;
CID 82-1,
Construction Industries Rules and Regulations, filed 4/14/1982;
CID 85-1, Construction
Industries Rules and Regulations, filed 2/04/1985;
CID 90-1,
Construction Industries Rules and Regulations, filed 5/31/1990.
History of Repealed Material:
14 NMAC 5.1.1,
Housing and Construction - Construction Industries General Provisions - Open
Meetings Act (filed 92/97), repealed 12/1/2000.
14.5.1 NMAC,
Construction Industries General Provisions - Open Meetings Act (filed 10/16/2000)
repealed 7/1/2004.
14.5.1 NMAC,
Construction Industries General Provisions - General Provisions, (filed 5/27/2004)
repealed 11/15/2016.
14.5.1 NMAC, General
Provisions, (filed 1/15/2016) was repealed and replaced by 14.5.1 NMAC, General
Provisions, effective 3/10/2022.
Other History:
That portion of CID
90-1, Construction Industries Rules and Regulations, filed 05/31/1990 --
renumbered, reformatted and amended to 14 NMAC 5.1.1, Construction Industries
General Provisions - Open Meetings Act, effective 9/14/1996.
14 NMAC 5.1.1,
Construction Industries General Provisions - Open Meetings Act (filed 9/03/1996)
amended and replaced by 14 NMAC 5.1.1, Construction Industries General
Provisions - Open Meetings Act effective 9/23/1997.
14 NMAC 5.1.1,
Housing and Construction - Construction Industries General Provisions - Open
Meetings Act (filed 9/02/1997) replaced by 14.5.1 NMAC, Housing and
Construction - Construction Industries General Provisions - Open Meetings Act,
effective 12/1/2000.
14.5.1 NMAC,
Construction Industries General Provisions - Open Meetings Act (filed 10/16/2000);
that portion of
14.1.1 NMAC, Housing General Provisions - General Provisions (filed 10/16/2000);
that portion of
14.5.4 NMAC, Construction Industries General Provisions - Alternative
Materials, Methods and Assemblies of Construction (filed 10/16/2000);
that portion of
14.5.7 NMAC, Construction Industries General Provisions - Technical Advisory
Councils, Hearings, Appeals, Severability (filed 10/16/2000);
that portion of
14.7.2 NMAC, 1997 New Mexico Building Code (filed 10/16/2000);
that portion of 14
NMAC 9.2, 1997 New Mexico Plumbing and Mechanical Code (filed 10/30/1998);
that portion of
14.10.4 NMAC, State of New Mexico Electrical Code (filed 7/01/2002) has been
replaced by 14.5.1 NMAC, Construction Industries General Provisions - General
Provisions, effective 7/1/2004.