TITLE 10 PUBLIC SAFETY AND LAW ENFORCEMENT
CHAPTER 25 STATE FIRE MARSHAL
PART 2 CERTIFICATES
OF FITNESS
10.25.2.1 ISSUING AGENCY: Department of Homeland Security and Emergency
Management.
[10.25.2.1 NMAC - N,
11/15/2007; A/E, 10/7/20222; A, 7/18/2023]
10.25.2.2 SCOPE: This rule applies to all fire protection installation,
maintenance and inspection companies that operate in the state of New Mexico.
[10.25.2.2 NMAC - N,
11/15/2007]
10.25.2.3 STATUTORY AUTHORITY: Sections 8-8-21, 59A-52-2, and 59A-52-15 NMSA 1978.
[10.25.2.3
NMAC - N, 11/15/2007]
10.25.2.4 DURATION: Permanent.
[10.25.2.4
NMAC - N, 11/15/2007]
10.25.2.5 EFFECTIVE DATE: November 15, 2007, unless a later date is cited at the
end of a section.
[10.25.2.5 NMAC - N,
11/15/2007]
10.25.2.6 OBJECTIVE: The purpose of this rule is to assure a minimum level
of quality in the installation, inspection, maintenance, and repair of fire
protection equipment and to encourage fire prevention and control of fires.
[10.25.2.6 NMAC - N,
11/15/2007]
10.25.2.7 DEFINITIONS: In addition to the definitions in 10.25.1 NMAC,
“qualified party” means a person holding a license from CID to install or
repair fire protection systems.
[10.25.2.7 NMAC - N,
11/15/2007]
10.25.2.8 TYPES OF CERTIFICATES REQUIRED:
A. When
required. No person shall install,
inspect, maintain, service, tag or repair fire protection equipment or systems
unless he has obtained a certificate of fitness from the fire marshal in
compliance with these rules. Any person holding a certificate of fitness shall
have a copy of it available in all service vehicles and offices for review if
requested during inspection by the fire marshal or AHJ. Certificates of fitness
are not transferable.
B. Types
of certificates. The fire marshal or
AHJ may issue certificates of fitness for installation, inspection,
maintenance, repair, recharging or tagging in the following disciplines:
(1) automatic fire suppression systems and fire pumps;
(2) automatic fire detection and alarm systems;
(3) chemical fire suppression systems;
(4) portable fire extinguishers; and
(5) fire and smoke dampers.
[10.25.2.8 NMAC - N,
11/15/2007; A/E, 10/7/2022; A, 7/18/2023]
10.25.2.9 APPLICATION PROCEDURE: Any person may apply for a certificate of fitness by
submitting the required application to the fire marshal as provided in
10.25.1.9 NMAC or to an AHJ. The mandatory applications described in 10.25.1.9
NMAC are available as indicated in 10.25.1.9 NMAC.
A. Information
required for initial application. Each application for a certificate of
fitness shall include:
(1) the applicant’s name, mailing address, telephone
number and signature of authorized representative;
(2) the disciplines for which certification is requested,
listed in 10.25.2.8 NMAC;
(3) a statement that the applicant agrees to be inspected
by the fire marshal, his designees or an AHJ at any time during normal business
hours;
(4) for certification for automatic fire suppression
systems and fire pumps: the name of the qualified party, the type and number of
his CID license and a copy of his license;
(5) for certification for automatic fire detection and
alarm systems: the name of the qualified party, the type and number of his CID
license and a copy of his license;
(6) for certification for chemical fire suppression systems: the name of
the qualified party, the type and number of his CID license and a copy of his
license;
(7) for certification for portable fire extinguishers, a
statement indicating that the applicant:
(a) operates from a fixed location,
provides mobile recharging service, or both;
(b) agrees to allow only trained personnel to maintain, service and
recharge portable fire extinguishers; and
(c) agrees to provide its personnel with all service manuals and
documentation, proper tools, recharging materials, lubricants and
manufacturers’ recommended replacement parts or parts specifically listed for
use in fire extinguishers.
(8) for certification to inspect and test
fire and smoke dampers, an application shall include:
(a) 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).
(b) 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.
(c) for fire and smoke dampers with
both mechanical and electrical components, the applicant inspecting the mechanical
components shall provide documentation pursuant to subparagraph (a) of this
paragraph and the applicant inspecting the electrical components shall provide
documentation pursuant to subparagraph (b) of this paragraph.
B. Requirements
for renewal. Any person seeking to
renew a certificate of fitness shall apply following the process provided, and
submit all information required, for an initial application.
[10.25.2.9 NMAC - N,
11/15/2007; A/E, 10/7/20222; A, 7/18/2023]
10.25.2.10 REVIEW OF APPLICATION:
A. Review.
The fire marshal shall review each
application and return it pursuant to 10.25.1.10 NMAC if incomplete. An
application returned by the fire marshal shall be deemed denied. An AHJ shall
follow the review process provided in its applicable ordinance.
B. Denial.
The fire marshal or AHJ shall deny an
application if:
(1) the application is incomplete or does not include
documentation required by these rules;
(2) the applicant does not have required licenses or
qualifications for the disciplines requested;
(3) the application is not properly signed; or
(4) the fire marshal determines that the application
contains any falsification or misrepresentation.
C. Approval.
If the fire marshal approves the application, he shall issue a certificate
valid for up to two years, expiring on December 31 of the second year.
[10.25.2.10 NMAC - N,
11/15/2007]
10.25.2.11 CHANGES TO INFORMATION ON
APPLICATION OR CERTIFICATE: An applicant
or certificate holder shall notify the fire marshal or AHJ of any change of
information in the application or on the certificate, such as a change of
address, within ten (10) days after such change.
[10.25.2.11 NMAC - N,
11/15/2007]
10.25.2.12 EXPIRATION AND REVOCATION OF
CERTIFICATE:
A. Expiration. A certificate
of fitness automatically expires at the conclusion of the time
period for which it was issued.
B. Revocation. The fire
marshal or AHJ may revoke a certificate if:
(1) any of the required licenses or qualifications of the
applicant expire, are canceled or are revoked;
(2) during an inspection, the fire marshal or AHJ finds a
substantial violation of these rules or applicable codes for a discipline for
which the certificate has been issued;
(3) the applicant made false statements or
misrepresentations of material fact in the application or documentation
submitted with the application; or
(4) the certificate was issued in error or in violation of
an applicable statute or these rules.
C. Rules
of procedure. In all matters before
the commission involving the fire marshal, the commission shall follow the
commission’s rules of procedure. A specific provision in these rules shall
control over a conflicting general provision in the commission’s rules of
procedure.
D. Appeals.
A person whose certificate of fitness
is revoked by the fire marshal may appeal the revocation using the procedures
enumerated in 10.25.1.15 NMAC.
[10.25.2.12 NMAC - N,
11/15/2007]
HISTORY OF 10.25.2
NMAC: [RESERVED]