TITLE 1 GENERAL GOVERNMENT ADMINISTRATION
CHAPTER 5 PUBLIC
PROPERTY MANAGEMENT
PART 24 CONDUCT ON AND USE OF STATE PROPERTY
1.5.24.1 ISSUING AGENCY: General
Services Department, Property Control Division.
[1.5.24.1 NMAC - N, 1/1/09]
1.5.24.2 SCOPE: All state property
under the authority of property control division. General applicability: This rule applies to all persons entering in
or on such property. Each occupant
agency shall be responsible for the observance of this rule. State agencies must post the notice as
required by PCD at each public entrance to each state facility.
[1.5.24.2 NMAC - N, 1/1/09]
1.5.24.3 STATUTORY AUTHORITY: Section
15-3B-4(A) (2) NMSA 1978, which allows the division to regulate the use or
occupancy of buildings and real property under its jurisdiction and make
reasonable requirements for the continuation of that use or occupancy; and
15-3B-4(A) (7) which allows the division to make rules for the conduct of all
persons in and about buildings and grounds under its jurisdiction necessary and
proper for the safety, care and preservation of the buildings and grounds and
for the safety and convenience of the persons while they are in and about the
buildings and grounds; (1978 Comp., Section 15-3-2; 1953 Comp., Section 6-2-26;
enacted by Laws 1968, Chapter 43, Section 2; amended by Laws 1971, Chapter 285,
Section 2; Laws 1973, Chapter 209, Section 1; Laws 1977, Chapter 247, Section
69; Laws 1977, Chapter 385; Section 14; Laws 1978, Chapter 166, Section 14; and
Laws 1980, Chapter 151, Section 16.)
[1.5.24.3 NMAC - N, 1/1/09]
1.5.24.4 DURATION: Permanent.
[1.5.24.4 NMAC - N, 1/1/09]
1.5.24.5 EFFECTIVE DATE: January 1,
2009, unless a later date is cited at the end of a section.
[1.5.24.5 NMAC - N, 1/1/09]
1.5.21.6 OBJECTIVE: The objective of
this rule is to establish a fair, uniform, clear direction and effective
process to govern conduct on and use of state real property under the
jurisdiction of the property control division.
[1.5.24.6 NMAC - N, 1/1/09]
1.5.24.7 DEFINITIONS:
A. “Agency” means a state executive agency
other than the state land office, state armory board, the office of cultural
affairs, the state fair commission, the department of game and fish, the
department of transportation, the commissioner of public lands, the state parks
division of the energy, minerals and natural resources department, the state
institutions of higher learning, the New Mexico school for the deaf, the New
Mexico school for the visually handicapped, the judicial branch, the legislative
branch, property acquired by the economic development department pursuant to
the Statewide Economic Development Finance Act (6-25-1 NMSA 1978) and property
acquired by the public school facilities authority pursuant to the Public
School Capital Outlay Act (22-24-1 NMSA 1978).
B. “Alterations and modifications” means
work performed to change the interior arrangements or other physical
characteristics of an existing facility or installed equipment so that it can
be used more effectively for its currently designated purpose or adapted to a
new use. Alterations may include work
referred to as improvement, conversion, remodeling, and modernization but are
not maintenance. Also included is work
to replace or restore damaged, worn-out building components to a normal
operating condition. Such repairs are
curative, while maintenance is preventative.
C. “Authorized persons” means a non-state
employee given written authorization by the lead agency and or the PCD to enter
a property when the property is closed to the public.
D. “Charitable purpose” means any purpose
for which a charitable organization has been established to directly promote
the well-being of the public at large or the benefit of an indefinite number of
persons and may not result in any profit to the non-profit organization.
E. Director” means the director of the
property control division (PCD).
F. “Improvements” means all land,
structures, firmly attached and integrated equipment (such as light fixtures or
a well pump), anything growing on the land, and all "interests" in
the property.
G. “Lead agency” means the agency
designated by the division to occupy a state building or campus subject to the
jurisdiction of PCD who is responsible for ensuring that the building(s) are
maintained to standard and that all costs associated with the operation of the
building(s) are paid.
H. “Major repairs” means work necessary to
restore a facility, system or component to its intended use.
I. “Maintenance, operations and repair”
means those activities essential for the routine use for which a facility was
designed, including preventive maintenance activities and related work that is
required to preserve a facility in a condition such that it can be effectively
used for its intended purpose. Examples
of expenses that are included are utilities, custodial services, security, pest
control, trash-recycle removal, preventive maintenance, minor repairs and
related administrative costs.
J. “Preventative maintenance” means a
planned program of periodic inspections, servicing, maintenance and performance
testing.
K. “Property control division (PCD)” means
the division of the general services department established in Chapter 15,
Article 3 NMSA 1978.
L. “Smoke” or “Smoking” means the
carrying or holding of a lighted pipe, cigar or cigarette of any kind, or any
other lighted smoking equipment or the lighting or emitting or exhaling the
smoke of a pipe, cigar or cigarette of any kind.
M. “Solicitation” means any activity which
may be considered or reasonably interpreted as being for the advertisement,
promotion, or sale of products, or services, or for the participation in a
commercial venture of any kind. The
distribution or posting of handbills, leaflets, circulars, advertising or other
printed materials for the purpose cited in Paragraph (2) of Subsection A and
Paragraph (5) of Subsection B of 1.5.24.9 NMAC is construed as solicitation.
N. “State property” also referred to as
property and premises, is all premises and grounds maintained by, or for the
use of, a state agency, department or division under the jurisdiction of PCD.
O. “Vendor” means someone who promotes or
exchanges goods or services for money or other valuable consideration.
[1.5.24.7 NMAC - N, 1/1/09]
1.5.24.8 ASSIGNMENT OF BUILDING: The division shall assign a lead agency in
each building under its jurisdiction.
The lead agency shall be responsible for compliance with, this rule and
shall take all steps necessary to comply with all requirements herein. The lead agency shall be responsible for ensuring
that the building(s) are maintained to standard and that all costs associated
with the operation of the building(s) are paid.
The lead agency for all buildings maintained by New Mexico building
services division shall be the building services division.
[1.5.24.8 NMAC - N, 1/1/09]
1.5.24.9 SOLICITING,
VENDING AND DEBT COLLECTION:
A. Policy.
(1) All persons entering in or on state
property are prohibited from soliciting or requesting or receiving political
donations.
(2) No solicitation materials may be posted
except on designated bulletin boards.
(3) With the exception of bulletin boards
designated for posting solicitation materials, no state materials, supplies,
services or equipment may be used for solicitation purposes other than
activities authorized by an agency of the state for state-connected business or
state-sponsored charitable purposes.
(4) Any and all violations observed shall be
reported immediately to the PCD.
B. Permissible
non-employment related activities: persons or charitable organizations wishing
to seek permission to use premises for an activity must submit an application
to PCD, a copy of the application may be obtained from PCD. No activity as listed in Paragraphs (1)
through (8) of this subsection shall commence until approval is granted.
(1) Charitable purposes.
(2) Organized employee participation in sports
activities representing their state agency or a charitable organization
including departmental or charity ball teams.
(3) Activities conducted at the direction of
the head of a state agency.
(4) Sale of small craft items during breaks
and lunch in employee lounges and break areas by employees of the state.
(5) State employees may post handbills,
leaflets, circulars, advertising or other printed materials on specifically
designated bulletin boards regarding the offering or sale of personal items
such as free kittens or bikes for sale, or personal announcements such as
wedding announcements or ride share requests. This does not apply to
announcements relating to a personal business.
(6) Employee recognition events conducted by a
state agency such a national secretaries week luncheons which are approved by
the supervisor of the employees affected.
(7) Labor union activities if permitted by the
agreement between the union and state of New Mexico.
(8) No
vending machines may be permitted except as permitted by the New Mexico
commission for the blind as per Chapter 80 of Laws of 1957 (Horace De Vargas
Act).
[1.5.24.9 NMAC - N, 1/1/09]
1.5.24.10 ADMISSION
TO PREMISES BY LEAD AGENCIES:
A. Lead-agency
may close property or the affected portion thereof, to the public during normal
work hours, on a temporary basis, when needed to protect the property and or
the safety of individuals on the property.
B. If
the property is closed for more than 24 hours, the lead-agency will ensure that
the property or the affected portion, is restricted to “authorized persons” who
must register upon entry to the property and must, when requested, display
government or other identifying credentials to the New Mexico state police or
other authorized individuals when entering, leaving or while on the
property. Failure to comply with any of
the applicable provisions is a violation of these regulations.
C. The
lead-agency shall notify the PCD as soon as possible, but not later than the
next business day following the closure of the property.
D. The
lead-agency may approve the use of the property after-normal working hours, as
authorized by Subsection E of this section.
E. The
lead-agency may authorize the use of the building or portions thereof for use
by other state agencies and or non-profit organizations, subject to the
provisions of the Property Control Act and this rule.
[1.5.24.10 NMAC - N, 1/1/09]
1.5.24.11 PRESERVATION
OF PROPERTY: All persons entering in or on state property
are prohibited from:
A. improperly
disposing of rubbish on property;
B. willfully
destroying or damaging property;
C. stealing
property;
D. creating
any hazard on property to persons or things;
E. throwing
articles of any kind from or at a building or the climbing upon statues,
fountains or any part of the building;
F. roller-skating;
G. skateboarding.
[1.5.24.11 NMAC - N, 1/1/09]
1.5.24.12 CONFORMITY
WITH SIGNS AND DIRECTIONS: Persons in and on property must at all times
conduct themselves in accordance with the law and comply with official signs of
a prohibitory, regulatory or directory nature and with the lawful direction of
state police officers and other authorized individuals.
[1.5.24.12 NMAC - N, 1/1/09]
1.5.24.13 DISTURBANCES: All persons
entering in or on state property are prohibited from loitering, pan handling,
exhibiting disorderly conduct or exhibiting other conduct on property which:
A. creates
loud or unusual noise or a nuisance;
B. unreasonably
obstructs the usual use of entrances, foyers, lobbies, corridors, offices,
elevators, stairways, or parking lots;
C. otherwise
impedes or disrupts the performance of official duties by government employees;
or
D. prevents
the general public from obtaining the administrative services provided on the
property in a timely manner.
[1.5.24.13 NMAC - N, 1/1/09]
1.5.24.14 NARCOTICS
AND OTHER DRUGS: Except in cases where the drug is being used
as prescribed for a patient by a licensed physician, all persons entering in or
on state property are prohibited from:
A. being
under the influence of alcoholic beverages, narcotic drugs, hallucinogens,
marijuana, barbiturates, or amphetamines or other illegal substances;
B. using
or possessing any narcotic drugs, hallucinogens, marijuana, barbiturates, or
amphetamines; or other illegal substance;
C. operating
a motor vehicle on the property while under the influence of alcoholic
beverages, narcotic drugs, hallucinogens, marijuana, barbiturates, or
amphetamines or other illegal substances.
[1.5.24.14 NMAC - N, 1/1/09]
1.5.24.15 EXPLOSIVES: No person
entering or while on state property may carry or possess explosives, or items
intended to be used to fabricate an explosive or incendiary device, either
openly or concealed, except for official purposes.
[1.5.24.15 NMAC - N, 1/1/09]
1.5.24.16 WEAPONS
IN STATE BUILDINGS: Persons caring a concealed weapon in state
buildings are required to be in compliance with the New Mexico Concealed
Handgun Carry Act of 2003, Chapter 29, Article 19 and 10.8.2 NMAC.
[1.5.24.16 NMAC - N, 1/1/09]
1.5.24.17 NONDISCRIMINATION: State agencies
shall not discriminate by segregation or otherwise against any person or
persons because of race, creed, sex, color, or national origin in furnishing or
by refusing to furnish to such person or persons the use of any facility of a
public nature, including all services, privileges, accommodations, and
activities provided on the property.
[1.5.24.17 NMAC - N, 1/1/09]
1.5.24.18 SMOKING: The lead
agency shall be required to comply with Chapter 24 Article 16 NMSA 1978 as
amended by Laws of 2007 Chapter 20 “The Dee Johnson Clean Indoor Air Act”. Designate smoking areas will be established a
minimum of 50 feet away from any entrance, ventilating systems or operable
window in a building and the lead agency shall provide notice to all employees
in the building, regarding this location.
[1.5.24.18 NMAC - N, 1/1/09]
1.5.24.19 DOGS
AND OTHER ANIMALS: Except dogs used for law enforcement purposes,
seeing eye dogs, other guide dogs, and animals used or being trained to guide
or assist handicapped persons, persons may not bring dogs or other animals on
state property for other than official purposes.
[1.5.24.19 NMAC - N, 1/1/09]
1.5.24.20 PHOTOGRAPHS
FOR NEWS, ADVERTISING, OR COMMERCIAL PURPOSES: Except where
security regulations apply or a state court order or rule prohibits it, persons
entering in or on state property may take photographs with the permission of
the state agency of:
A. space
occupied by a tenant agency but only with the permission of the occupying
agency concerned;
B. space
occupied by a non-state agency for commercial purposes with written permission
of an authorized official of the occupying agency concerned; and building entrances,
lobbies, foyers, corridors, or auditoriums for news purposes.
[1.5.24.20 NMAC - N, 1/1/09]
1.5.24.21 PARKING: Reserved
parking - the lead agency may designate reserved parking for the following
purposes:
A. visitor
parking: an equal number of visitor spaces to parking for the disabled will be
provided if designated;
B. registered
van or carpools;
C. alternative
fuel vehicles;
D. cabinet
secretary;
E. deputy
cabinet secretary;
F. elected
officials headquartered in the building;
G. up
to two additional spaces for elected officials to be designated for use by the
elected official headquartered in the building;
H. loading
areas;
I. state
vehicles.
[1.5.24.21 NMAC - N, 1/1/09]
1.5.24.22 MAINTENANCE
OF ASSIGNED BUILDINGS AND CAMPUSES:
A. The
lead agency shall be responsible for securing an appropriate budget for all
maintenance, operation and preventative maintenance costs as defined
herein. Budget requests will consider
the following if applicable:
(1) custodial services;
(2) custodial cleaning supplies;
(3) landscape and grounds;
(4) building maintenance;
(5) routine building maintenance supplies;
(6) heating, cooling and ventilation system
equipment maintenance;
(7) generator maintenance;
(8) sewage system maintenance;
(9) security services;
(10) fire suppression systems maintenance
including fire extinguisher inspection;
(11) utilities;
(12) recycle program: recycle program shall
comply with the New Mexico Solid Waste Act;
(13) in compliance with any facility related
governor’s executive orders.
B. The
property control division will be responsible for alterations, modifications,
and major repairs. Funding for these
types of projects may require legislative appropriation.
C. Lead
agency shall comply with the PCD “facility maintenance standards” (an
electronic copy may be obtained from PCD).
Should the lead agency fail to follow the facilities maintenance
standards, thereby ensuring that the buildings are being maintained to standard,
the property control division may have a budget amount necessary to maintain
the facility and grounds transferred to a new lead agency the general services
department, building services division so that they will be able to ensure that
they have the budget to take over the maintenance of the buildings(s) or campus
that the lead agency occupies thereby ensuring compliance with the “facilities
maintenance standards” manual. Cost of
utilities may remain with the state agency in order to more appropriately manage
energy conservation directives.
D. With
the assistance and approval of the property control division the lead agency
shall be responsible for seeking operating funds in an amount comparable with
the national average for operating costs as published by the building owners
and managers association (BOMA) “annual experience and exchange report for
office buildings”. Non-office buildings
including 24 hour use facilities, will seek operating budgets as appropriate for
their facility.
E. By
July 1 of each calendar year, the lead agency shall provide to the property
control division a maintenance report on the form provided by the division that
includes the following items:
(1) budget for maintenance and operation for
upcoming fiscal year;
(2) list of all buildings, including square
footage of buildings to be maintained;
(3) contact name of person responsible for
operation and maintenance of building(s);
(4) number of state employees or contract
workers assigned to perform building maintenance, landscape maintenance,
custodial services and security;
(5) list of critical maintenance contracts
utilized for the purpose of maintaining the assigned building(s);
(6) list of major repairs needed for each
building.
[1.5.24.22 NMAC - N, 1/1/09]
1.5.24.23 Waiver: Notwithstanding any
provision of this rule, a waiver of any provision thereof, may be made in
writing by the director, if it determines in writing that the strict holding of
the provision would be unreasonable under the circumstances and that the
provision is not needed to protect the facility, grounds or the public. The applicant has the burden to establish
that the waiver should be granted. The
request for waiver shall be made in writing as part of the “facility use
application” and must provide the necessary information and documentation to
support such waiver. The decision of the director may not be appealed and is
final.
[1.5.24.23 NMAC - N, 1/1/09]
HISTORY OF 1.5.24 NMAC: [RESERVED]