New Mexico Register / Volume XXXIII, Issue 3 / February 8, 2022

 

 

This is an amendment to 14.6.4 NMAC, amending Sections 7 and 8, effective March 10, 2022.

 

14.6.4.7                 DEFINITIONS.  See Section 60-13-2 NMSA 1978 and 14.5.1.7 NMAC for definitions.

[14.6.4.7 NMAC - Rp, 14.6.4.7 NMAC, 2/1/2006; A, 3/10/2022]

 

14.6.4.8                 JOURNEYMAN CERTIFICATION.

                A.            General information.

                                (1)           A journeyman :certificate of competence in the appropriate trade classification for the work to be performed is required of all individuals performing electrical wiring, or mechanical and plumbing work; provided however, that an apprentice, as defined in Section 60-13-2 NMSA 1978, of the act, may work under the direct supervision of a validly certified journeyman, as defined in Section 60-13-2 NMSA 1978, of the act, who is employed by a validly licensed person, as defined by Section 60-13-2 NMSA 1978, of the act, or a holder of a valid annual permit. [Journeyman certifications shall be issued such that the certificates parallel the contractor classifications and scopes.

                                (2)           Journeyman certifications shall be issued such that each certificate parallels the license classification numbers and scopes set forth in 14.6.6 NMAC.

                                (3)] (2)   A journeyman certificate of competence is issued to an individual only and is not transferable or assignable.

                                [(4)] (3)  No individual under the age of 18 shall be issued a certificate of competence.

                                [(5)] (4)  Journeyman certificates are classified according to the type of work the journeyman is certified to perform. A journeyman may engage in the trade authorized by the certificate of competence issued to [him/her] the journeyman only when employed by a licensed entity: (1) that is validly licensed to perform the type of work for which the journeyman is certified; or, (2) holding a valid annual permit authorizing the entity to engage in the type of work for which the journeyman is certified.

                                [(6)] (5)  For information regarding compliance with the Parental [Responsibilities] Responsibility Act, revocations and suspensions and administrative penalties, please see Subsections H and I of 14.6.3.8 NMAC and 14.6.3.9 NMAC.

                B.            Application.

                                (1)           An application submitted for a journeyman certificate of competence shall be on a form approved by CID and shall be accompanied by the prescribed certification fee.

                                (2)           An incomplete or insufficient application shall be rejected and returned to the applicant with a statement of the reason for the rejection.

                                (3)           All requirements for certification must be met within six months after the date the application is received by CID or its designee.  Any application not completed within the six month period shall expire and any fees paid in connection with the expired application shall automatically forfeit.

                                (4)           The applicant must submit proof of the required experience with the application on form(s) approved by CID [No applicant shall be eligible to take an examination for a certificate of competence before proof of experience is submitted and approved] or must meet all of the requirements for expedited certification for a military service member as defined 60-1-34 NMSA 1978.

                                [(5)          Examination.

                                                (a)           No applicant for a journeyman certificate is eligible to take an exam until documentation establishing satisfaction of the applicable work experience requirement has been received and approved by CID or its designee.

                                                (b)           Examinations shall be administered by CID or its designee according to a schedule which shall be published.

                                                (c)           A passing examination score is seventy percent (75%) or above.

                                                (d)           An applicant who fails to appear for a scheduled examination or fails to attain a passing score of at least 75% may take another regularly scheduled exam, provided the applicant reapplies to take the exam, pays the fee, and does not repeat the exam more than twice in any 30 day period.

                                                (e)           If CID or its agent has determined that an applicant has cheated, the exam shall be deemed invalid, all fees shall be forfeited, any certificate issued on basis of that examination shall be automatically and immediately voided, and the applicant will not be eligible to take any examination administered by CID or its designee for one (1) year after the date of such event.]

                                (5)           An application for certification may be denied if the applicant has been convicted of a felony enumerated as a disqualifying criminal conviction pursuant to Subsection F of 14.6.3.8 NMAC.

                C.            Journeyman certification process.

                                (1)           Except for individuals seeking expedited licensure as military service members, an individual applying for a journeyman certificate must provide proof of four years of work experience within the 10 years immediately prior to application, as required in the act and Title 14, NMAC, in the classification for which application is made.  Training that is classified as technical training by an accredited college, university, manufacturer’s accredited training program, technical vocational institute or an accredited apprenticeship program will be considered in lieu of work experience. Each year of equivalent training shall be applied as one-half year of experience, but in no case shall accredited training exceed one-half of the total work experience requirement.

                                (2)           Examination procedure.

                                                (a)           No applicant for a journeyman certificate is eligible to take an examination until providing satisfactory work experience documentation to the division.

                                                (b)           Examinations shall be administered by CID, or its designee.

                                                (c)           A passing exam score is seventy-five percent or higher.

                                                (d)           An applicant who fails to appear for a scheduled exam or fails to attain a passing score of seventy-five percent or higher may take another regularly scheduled exam, provided the applicant reapplies to take the exam, pays the fee and does not repeat the exam more than twice in any 30-day period.

                                                (e)           If CID or its designee determines that an applicant has cheated, the exam shall be deemed invalid, all fees shall be forfeited, and any license or certificate issued on the basis of that exam shall be automatically and immediately voided.  The applicant will not be eligible to take any exam administered by CID, or its designee, for one year after the date of such an event.

                D.            Journeyman process for expedited certification for military service members.

                                (1)           The applicant shall submit a completed division approved journeyman application.

                                (2)           In lieu of work experience verification the applicant shall provide the following documentation satisfactory to the division:

                                                (a)           applicant is currently licensed or certified and in good standing in another jurisdiction, including a branch of the United States armed forces;

                                                (b)           applicant has met the minimal licensure or certification requirements in that jurisdiction and the minimal licensing or certification requirements in that jurisdiction are substantially equivalent to the certification requirements for New Mexico; and

                                                (b)           submit the following documentation:

                                                                (i)            for military service member:  copy of military orders;

                                                                (ii)           for spouse of military service members:  copy of service member’s military orders and copy of marriage license;

                                                                (iii)         for spouses of deceased military service members:  copy of deceased service member’s DD214 and copy of marriage license;

                                                                (iv)          for dependent children of military service members: copy of military orders listing dependent child, or a copy of service member’s military orders and one of the following:  copy of birth certificate of the dependent child, military service member’s federal tax return or other governmental or judicial documentation  establishing dependency;

                                                                (v)           for veterans (retired or separated):  copy of DD214 showing proof of honorable discharge.

                                (3)           The certificate shall be issued by the division as soon as practicable but no later than thirty days after a qualified military service member, spouse, dependent child, or veteran files a completed  division approved application and provides a background check, if required, for  the certification.

                                (4)           Military service members and veterans shall not be charged a fee for the first three years for a certificate issued pursuant to this rule. The three-year exemption for certification fees does not include fees for copies of documents, replacement certificates or other expenses related to a certificate, which fees shall be charged according to the division’s fees currently in effect.

                                (5)           A certificate issued pursuant to this section shall be valid for a three-year period subject to renewal requirements of Subsection E below.

                E.            Electrical journeyman classifications. Requires two years of experience unless otherwise specified.

                                (1)           EE-98J.  Journeyman residential and commercial electrical.  Requires four years of experience. Can work under EE-98, ER-1 and all electrical specialty licenses. If working under an ER-1 or a specialty license the journeyman holding this certification may perform work only within the scope of the contractor’s license.

                                (2)           ER-1J.  Journeyman residential wiring.  Can work under an EE-98 or an ER-1 license.

                                (3)           EL-1J.  Journeyman electrical distribution systems, including transmission lines.  Requires four years of experience. Can work under an EL-1 license.

                                (4)           ES-1J  Journeyman electrical signs and outline lighting. Can work under an ES-1 or an EE-98 license.

                                (5)           ES-2  Journeyman cathodic protection and lightening protection systems. Can work under an ES-2 or an EE-98 license.  

                                (6)           ES-3J.  Journeyman sound, intercommunication, electrical alarm systems, and systems 50 volts and under. Can work under an ES-3, ER-1 or an EE-98 license.

                                (7)           ES-7J  Journeyman telephone communication systems and telephone interconnect systems. Can work under an ES-7, ER-1 or EE-98 license.

                                (8)           ES-10RJ  Journeyman residential water well pump installer. Can work under an ES-10R or EE-98 license.  

                                (9)           ES-10J  Journeyman water well pump installer. Can work under an ES-10 or EE-98 license.

                F.            Mechanical-Plumbing Journeyman classifications.  Requires two years of experience unless otherwise specified.

                                (1)           JP  Journeyman plumber. Can work under an MM-1,MS-3, MS-6 or MM-98 license.

                                (2)           JPF  Journeyman pipe fitter. Can work under an MM-1, MM-2, MM-4 or MM-98 license

                                (3)           JG  Journeyman natural gas fitter. Can work under an MM-2 or MM-98 license.

                                (4)           JPG  Journeyman plumber and natural gas fitter. Can work under an MM-1, MM-2 or MM-98 license.

                                (5)           JR  Journeyman refrigeration.  Must demonstrate compliance with environmental protection agency (EPA) recovery requirements before certificate may be issued. Can work under an MM-3, MM-4 or MM-98 or JSM license.

                                (6)           JS  Journeyman sprinkler.  Can work under an MS-6, MM-1 or MM-98 license.

                                (7)           JSM  Journeyman sheet metal. Can work under an MM-3 or MM-98 license.

                                (8)           JW  Journeyman welder.  Must obtain either a JP, JG, JPG, JPF or JSM certification and show American society of mechanical engineers (ASME) section 9 certification.  Is not required to test separately for this certificate of competence. Can work under an MM-1, MM-2, MM-3, MM-4 or MM-98 license.

                                (9)           JMG journeyman medical gas installer. Must obtain either JP, JG, JPG or JPF certification and show approved medical gas certification as referenced in 14.9.5 NMAC.  Can work under an MM-1, MM-2, MM-4 or MM-98 license.

                                (10)         BO1  journeyman boiler operator.  Low pressure only. Requires six months experience; can be employed by an institution that has a boiler; cannot perform construction or repair of a boiler.

                                (11)         BO2  journeyman boiler operator.  Low and high pressure. Requires six months experience; can be employed by an institution that has a boiler; cannot perform construction or repair of a boiler. 

                                (12)         MS-12J  journeyman fire protection sprinkler systems.  Requires four years of experience. Can work for an MS-12, MM-4, or an MM-98 license.

                                (13)         MS-14J  journeyman dry chemical fire protection.  Requires four years of experience. Can work for an MS-14, MM-4 or MM-98 license.

                [C] G.    Renewal.

                                (1)           CID, or its designee, shall mail to every certificate holder a renewal application form at least 30 days prior to the expiration of such certificate to the certificate holder’s current address of record. Whether or not the application is received, it is the sole duty and responsibility of each certificate holder to timely renew his/her certificate. Incomplete or inaccurately completed renewal applications shall be rejected.

                                (2)           No journeyman certificate shall be renewed in the absence of proof of compliance with the continuing education requirements set forth in Subsection D of this section.

                                (3)           The filing date of the renewal application shall be the date the envelope is postmarked or, if it is hand delivered, the date it is received by CID, or its designee.

                                (4)           If an application for renewal is not timely received or, if it is received but rejected for failure to comply with renewal requirements, the certificate shall be suspended and shall be subject to cancellation pursuant to Subsection C of Section 60-13-39 NMSA 1978, of the act.

                                (5)           An application for renewal of a certificate may be denied if the applicant has been convicted of a felony enumerated as a disqualifying criminal conviction pursuant to Subsection F of 14.6.3.8 NMAC.

                [D] H.    Continuing education requirements.

                                (1)           The continuing education requirements for renewal of a journeyman certificate apply to the following journeyman classifications:

                                                (a)           plumbing journeyman plumber (JP), journeyman pipefitter (JPF), journeyman gas (JG), journeyman plumber-gas (JPG);)

                                                (b)           mechanical - journeyman sheet metal (JSM), journeyman sprinkler (JS), journeyman refrigeration (JR), journeyman fire protection (MS-12J or MS-14J); and

                                                (c)           electrical - journeyman electrician (JE98 also referred to as EE98-J) and journeyman lineman (EL-1J).

                                (2)           Prior to renewal [or reinstatement] of a journeyman certificate of competence in the applicable classification, the applicant for renewal or reinstatement is required to complete a minimum of 16 hours of approved course work. Proof of completion of such course work, in a form satisfactory to the division, must be submitted with the application for renewal.

                                (3)           A minimum of eight hours of approved course work must cover the current CID code that is enforced by each journeyman classification to be renewed or reinstated.

                [E] I.      Application [of] for approval of continuing education courses and instructors.

                                (1)           Each applicant for course approval must submit to CID an application for course and instructor approval on a form approved by the division.

                                (2)           Application for course approval must be received by CID no later than 120 days before the date on which the course is proposed to begin.

                                (3)           Each application for course and instructor approval must be complete and legible. Incomplete or illegible applications will not be processed and will be returned to the applicant.

                                (4)           To qualify for approval, continuing education courses must comply with the following standards:

                                                (a)           the course content must be relevant to either the plumbing, mechanical or electrical trades and be consistent with all current applicable laws and rules of the state of New Mexico;

                                                (b)           the course must be conducted in a classroom, seminar or in [a home study] an online format; and

                                                (c)           the course must be taught by an approved instructor.

                                (5)           To qualify for approval as an instructor, an individual must either be currently teaching, or must have taught within the two years prior to application, at least one course in the electrical, mechanical or plumbing trades in one of the following programs.

                                                (a)           a plumbing, mechanical, or electrical trades training program that is approved by the vocational education division of the state of New Mexico department of public education and offered in the curriculum of an accredited New Mexico trade school, college or university;

                                                (b)           a plumbing, mechanical or electrical trade training program that is offered through a professional association or organization representing licensees in the plumbing, mechanical and electrical trades;

                                                (c)           an apprenticeship program approved by the state of New Mexico apprenticeship council or the bureau of apprenticeship and training;

                                                (d)           a plumbing, mechanical or electrical trade training program offered by a nationally recognized testing laboratory, or product manufacturer, and the applicant has at least five years practical experience in the subject taught;

                                                (e)           a plumbing, mechanical or electrical trade training program sponsored by an organization that provides continuing education unit courses in the plumbing, mechanical or electrical trades, and the instructor has at least five years of practical experience in the subject taught; or

                                                (g)           a plumbing, mechanical, or electrical trades training program offered by CID.

                [F] J.      Approval of continuing education courses and instructors

                                (1)           Each application for course and instructor approval will be reviewed by the appropriate bureau chief and the technical advisory council for that bureau each calendar month.

                                (2)           The reviewing bureau chief shall provide to the commission at each commission meeting the bureau chief’s recommendation for approval or denial on each application received and reviewed by the bureau chief since the last commission meeting.

                                (3)           The commission shall receive and consider the recommendation of the bureau chief before voting on approval of an application.

                                (4)           Commission approval of a continuing education course and instructors shall be effective for three years from the date of approval; provided, however, that approval of any course that is not offered for 24 consecutive months shall automatically expire.

                                (5)           On the date that is three years after the date on which approval of a course or instructor was issued, the approval will automatically expire and, without further notice from CID, such course or instructor shall no longer be approved. Application to renewal course or instructor approval must be received no less than 120 days prior to the date on which the approval period expires.

                                (6)           The decision of the commission regarding the approval or denial of an application is final and is not subject to review.

                                (7)           Once approved, and as a condition of continuing approval, a course provider must submit to CID the following information for each journeyman certificate holder, who successfully completes an approved course, within 30 days of the completion of the course:

                                                (a)           the name of the course, approval number, and the name of the instructor;

                                                (b)           the date on which the course was completed by the certificate holder; and

                                                (c)           the address and CID journeyman certificate number of the certificate holder.

                                (8)           Approval of an instructor or a course will be subject-matter specific. Approval to teach courses in more than one trade or code will require the applicant to meet the experience criteria for each trade or code.

[14.6.4.8 NMAC - Rp, 14.6.4.8 NMAC, 2/1/2006; A, 12/14/2009; A, 3/10/2022]