TITLE 14 HOUSING AND CONSTRUCTION
CHAPTER
5 CONSTRUCTION INDUSTRIES GENERAL
PROVISIONS
PART
3 INSPECTIONS
14.5.3.1 ISSUING AGENCY: Construction Industries Division (CID) of the
Regulation and Licensing Department.
[14.5.3.1 NMAC -
Rp, 14.5.3.1 NMAC, 3/10/2022]
14.5.3.2 SCOPE: This
rule applies to all contracting work performed in New Mexico after March 10,
2022, that is subject to the jurisdiction of CID, unless performed pursuant to
a permit for which an application was received by CID before that date.
[14.5.3.2 NMAC - Rp, 14.5.3.2
NMAC, 3/10/2022]
14.5.3.3 STATUTORY AUTHORITY: Sections 60-13-9, 60-13-41, 60-13-10.3, 60-13-45,
60-13-46 and 60-13-47 NMSA 1978.
[14.5.3.3 NMAC - Rp, 14.5.3.3
NMAC, 3/10/2022]
14.5.3.4 DURATION: Permanent.
[14.5.3.4 NMAC - Rp, 14.5.3.4
NMAC, 3/10/2022]
14.5.3.5 EFFECTIVE DATE: March 10, 2022, unless a later date is cited
at the end of a section.
[14.5.3.5 NMAC - Rp, 14.5.3.5
NMAC, 3/10/2022]
14.5.3.6 OBJECTIVE: The purpose of this rule is to set forth requirements
for inspections of construction contracting work in New Mexico that is subject
to the jurisdiction of CID.
[14.5.3.6 NMAC - Rp, 14.5.3.6
NMAC, 3/10/2022]
14.5.3.7 DEFINITIONS: See 14.5.1.7 NMAC for definitions.
[14.5.3.7
NMAC - Rp, 14.5.3.7 NMAC, 3/10/2022]
14.5.3.8 GENERAL PROVISIONS:
A. Application. All work for which a permit is
issued must be inspected. Pursuant to Paragraph (2) of Subsection H of 14.5.2.8
NMAC and 14.7.2.45 NMAC, baby changing facilities in new restrooms shall not
require a separate permit but shall be inspected as part of the building permit
inspection process.
B. Inspections. No inspections of work will be performed until the required fees have
been paid.
C. Code compliance. The inspections necessary to
ensure that permitted work complies with applicable codes shall be performed by
the appropriate inspector under the direction of the AHJ responsible for the inspection.
D. Notification. It is the responsibility of the
permittee, or the permittee’s duly authorized agent, to timely notify the
appropriate AHJ personnel when work is ready for inspection, and to provide
access to and the means to perform inspections of, the work. Requirements for
inspections shall be made as specified on the permit or in other instructions required
by the AHJ or the division, but in no event shall such notification be given
less than 24 hours before the work is to be inspected.
E. Violations. If, upon inspection, any
permitted work is not in full compliance with applicable codes, the inspector
shall issue to the permittee a written correction notice citing the code
violations observed and ordering that the violations be corrected. The permittee is responsible for notifying
the appropriate AHJ personnel when all corrections have been made and
the work is ready for re-inspection.
Failure to comply with a correction notice within the time required by
the AHJ or the inspector, or, if no time is specified, within a
reasonable time, is a violation of the CID rules and may result in disciplinary
action by the AHJ.
F. Covered and unapproved work. Work
must be visible to be inspected and shall not be covered or used before
approval is given by the inspector. Work
that is covered before it is inspected, tested if applicable, and approved may
be ordered uncovered by the inspector or AHJ. No work shall be performed beyond
what is required for the next inspection without approval of the inspector.
[14.5.3.8 NMAC - Rp, 14.5.3.8
NMAC, 3/10/2022]
14.5.3.9 INSPECTIONS: The following inspections are required unless
otherwise indicated or as determined in the discretion of the TBC or CBO.
A. For work subject to the NMCBC.
(1) Footing and foundation inspection, see Section
110 of the IBC.
(2) Concrete slab or under floor
inspection, see Section 110 of the IBC.
(3) Lowest floor elevation, see Section 110
of the IBC.
(4) Frame inspection, see Section 110
of the IBC.
(5) New and re-roofs, roof assembly inspection including decking,
application of roof systems and application of roof coatings.
(6) Exterior
wall opening flashings.
(7) Weather resistive barrier inspection
is to be made after installation of the appropriate weather resistive barrier
and before such barrier is covered.
(8) Lath
and gypsum board, see Section 110 of the IBC.
(9) Fire
and smoke-resistant penetrations, see Section 110 of the IBC.
(10) Energy
efficiency inspection, see Section 110 of the IBC.
(11) Other
inspections required by the AHJ building official, see Section 110 of the IBC.
(12) Special
inspections, see Section 110 of the IBC.
(13) Final inspection, see Section 110
of the IBC, including baby changing facilities pursuant to 14.5.3.8 NMAC.
B. For work subject to the NMRBC.
(1) Footing and foundation inspection, see
Section 109.1.1 of the IRC.
(2) Concrete
slab or under floor inspection, see Section 109 of the IRC.
(3) Frame and masonry inspections, see
Section 109.1.4 of the IRC.
(4) New and re-roofs, roof assembly inspection
including decking, application of roof systems and application of roof coatings.
(5) Exterior
wall opening flashings.
(6) Weather resistive barrier inspection
is to be made after installation of the appropriate weather resistive barrier
and before such barrier is covered.
(7) Energy efficiency inspections
(8) Lath and gypsum board, see Section 109.1.5 of the IRC.
(9) Other
inspections required by the AHJ, see Section 109 of the IRC.
(10) Fire resistance rated construction
inspection, see Section 109.1.5.1 of the IRC.
(11) Final inspection, see Section 109.1.6
of the IRC.
C. For work subject to the NMEC.
(1) Temporary pole (if applicable).
(2) Underground or under-slab (if applicable).
(3) Rough-in:
(a) on residential projects, all wiring must be installed and connections
made-up;
(b) on commercial projects, perform inspections as required.
(4) Service pre-final (if applicable).
(5) Final (electrical system is complete and energized).
D. For work subject to the NMMC.
(1) Rough inspection of all mechanical
work covered by permit after work has been installed and before it is covered
or concealed.
(2) Temporary heat (if applicable).
(3) Final inspection after all mechanical
work covered by permit has been installed and covered and after fixtures and
appliances have been attached.
(4) Operation of mechanical equipment
installed to replace existing equipment or fixtures. See the existing installations section of the
currently adopted UMC.
E. For work subject to the NMPC.
(1) Rough inspection of all plumbing work
covered by permit after work has been installed and before it is covered or
concealed.
(2) Top-out inspection of all vented
piping above floor and all extensions through the roof and walls.
(3) Water distribution including all
water piping inside and under a building.
(4) Water service piping from a service
meter to a connection outside the building.
(5) Final inspection after all plumbing
work covered by permit has been installed and covered and after fixtures and
appliances have been attached.
(6) Operation of plumbing equipment to
replace existing equipment or fixtures, see the existing installations section
of the currently adopted UPC.
F. Additional inspections. In addition to required inspections, the AHJ or
CBO is authorized to make or require other inspections of any construction work
to ascertain compliance with the provisions of the applicable New Mexico
construction codes.
G. Re-inspections.
(1) A re-inspection fee shall not be
assessed when the required code corrections resulting from an initial
inspection is properly corrected and subsequently re-inspected and approved.
(2) A re-inspection fee shall be assessed
for each inspection or re-inspection when such portion of work for which an
inspection is called is not complete, when the required corrections have not
been made or work is covered prior to inspection.
(3) No
additional permits may be issued and no additional inspections conducted until
the required fees have been paid.
(4) Re-inspection
fees may be assessed when the approved plans are not readily available to the
inspector, or there is a deviation from plans without the approval of the AHJ.
(5) Re-inspection
fees may be assessed for failure to provide access to the property and to the
facility where the inspection is to occur on the date for which the inspection
is scheduled.
[14.5.3.9
NMAC - Rp, 14.5.3.9 NMAC, 3/10/2022]
14.5.3.10 STOP WORK ORDERS:
Whenever contracting is being performed contrary to the CID rules, the inspector,
after verification of the TBC or other AHJ, may order that the work be stopped
and shall give written notice of such order to the person performing the work
or causing the work to be performed and the owner of the property. If the inspector discovers a life safety
issue contrary to CID rules, the inspector may order that the work be stopped,
giving written notice of such order to the person performing the work or
causing the work to be performed, the owner of the property and the specific
trade bureau chief. The person performing the work or causing the work to be
performed when receiving such notice shall cease and desist from performing, or
causing the performance of the work, until authorized to proceed in writing, by
the AHJ or the inspector. The following conditions for which a stop work order
may be issued include, but are not limited to:
A. inspection
determined as a health or safety hazard;
B. continuing
work without all correction notice violations being corrected;
C. work
deviating from the approved plans or materials
D. contractor
not properly licensed;
E. working
beyond the scope of licensure;
F. work
not properly permitted;
G. improper
journeyman ratios.
[14.5.3.10 NMAC - Rp, 14.5.3.10
NMAC, 3/10/2022]
14.5.3.11 AUDIT AND INSPECTION OF WORK ON
ANNUAL PERMIT: Pursuant to
the provisions of Paragraph (7) of Subsection A of 14.5.2.19 NMAC the specific
bureau chief shall determine, based on the review of the annual report logs,
which items in the report logs require an in-person inspection.
A. If, upon audit or inspection, any
permitted work is found not to be in full compliance with an applicable code,
the inspector shall serve a written notice on the permittee citing the violation
observed and ordering that the violation be corrected. The permittee is responsible for notifying the
appropriate AHJ personnel when all violations have been corrected and the work
is ready for re-inspection. Failure to
comply with the correction of a cited violation, or other written notice within
the time required by the inspector, or if no time is specified, within a
reasonable time is a violation of the CID rules, codes and standards, and may
result in disciplinary action by the division.
B. If the work
inspected is not recorded fully and accurately on the log, the inspector shall notify
the TBC for appropriate action.
C. If the work
inspected or logged in is not authorized by the terms and conditions of the
annual permit, the inspector shall notify the TBC for appropriate action.
D. If a violation constitutes
a health or safety hazard the inspector shall take action pursuant to Section
60-13-42 NMSA 1978, if appropriate and also immediately notify the TBC. The
annual permit is subject to suspension, cancellation or revocation pursuant to
14.5.2.13 NMAC and the holder may not be eligible to apply for another annual
permit for up to one year thereafter as determined by the division director.
[14.5.3.11 NMAC - Rp, 14.5.3.11
NMAC, 3/10/2022]
14.5.3.12 PRODUCT STANDARDS AND APPROVALS:
A. Product approval. Construction or installations
shall not be approved as code compliant unless the products and materials used
meet the standards set forth in the New Mexico construction codes or as
approved by the specific TBC pursuant to Subsection D of 14.5.1.11 NMAC.
B. Procedures for determining compliance. The appropriate
TBC has the authority to establish the procedures necessary to determine
whether products and materials meet the standards set forth in the New Mexico
construction codes.
C. Marking systems. Marking/labeling of a listing
agency (accredited conformity assessment body) for equipment or materials shall
identify products that comply with the standards set forth in the applicable New
Mexico construction codes.
D. Approval of listing agencies. A listing agency
shall not be approved for certifying, marking/labeling products for use in New
Mexico that does not comply with the American national standards institute
(ANSI) or other accredited certifying agencies as recommended by the
appropriate TBC and approved by the commission.
[14.5.3.12 NMAC - Rp, 14.5.3.12
NMAC, 3/10/2022]
14.5.3.13 CERTIFICATES OF OCCUPANCY OR
FINAL INSPECTION:
A. Occupancy. No building, or portion thereof, on which
construction has been undertaken shall be occupied until the appropriate
inspector has issued a C/O or an approved final inspection, as applicable.
B. Issuance. No C/O shall be issued by the CBO or the
inspector until all of the required inspections have been performed and the
appropriate inspectors have approved the work.
C. Homeowner’s permit. A C/O
issued for new construction or final inspection approved for a remodel of a
residence constructed pursuant to a homeowner’s permit shall expressly state
that the residence was so constructed or remodeled pursuant to a homeowner
permit.
D. Temporary certificate of occupancy.
(1) The appropriate inspector may issue a
temporary C/O for a 30-day period or greater period if approved by the TBC or
CBO when:
(a) an analysis of the circumstances in
any specific case determined by the AHJ indicates that a temporary C/O is
appropriate; and
(b) life, safety or health will not be adversely
affected by doing so;
(2) Upon receipt of a written request for
an extension of a current, valid temporary C/O, and good cause being shown, the
temporary certificate of occupancy can be extended for up to a maximum of 12
months.
E. Effect. The issuance of a C/O shall not be construed
as an approval of an unrecognized violation of the provisions of the New Mexico
construction codes or of other applicable codes. If a code violation is discovered after the
C/O is issued or after, an approved final inspection, the C/O or final
inspection is invalid until all code violations are corrected and the C/O is
re-issued or final inspection approved. No C/O or approved final inspection shall
be interpreted to certify compliance with the requirements of any other
regulatory agency that may or might have jurisdiction over aspects of a project
or that are overseen by other regulatory agencies. Such aspects include, but
are not limited to, compliance with fire code standards enforced by the state
fire marshal, or any local fire code enforcement agency; the state environment
department; the state health department, the state human services department, homeland
security and emergency management department, the transportation department, the
public regulation commission, or any other state or local regulatory agency.
F. Revocation or suspension.
(1) The general construction TBC or a CBO
of an AHJ who issued the C/O is authorized to suspend or revoke a C/O or
reverse an approved final inspection if:
(a) the certificate was issued in error
or on the basis of incorrect information; or
(b) the work violates an applicable New
Mexico construction code or applicable provisions of the CILA or its rules.
(2) A suspended C/O or reversed final
inspection may be reinstated upon approval of the appropriate CBO and payment
of any fee assessed pursuant to 14.5.5 NMAC, Fees or local ordinance.
[14.5.3.13 NMAC - Rp, 14.5.3.13
NMAC, 3/10/2022]
14.5.3.14 INSPECTION AGENCIES: A privately-operated
inspection agency that satisfies the requirements of Subsection H of Section
60-13-41 NMSA 1978, and 14.6.7 NMAC may be approved by the division to conduct
inspections on behalf of the division for modular structures, provided such
agency employs certified inspectors who exclusively inspects for each
manufacturer for general construction, mechanical and electrical specialties, meets
the requirements of 14.6.7.11 NMAC, and are qualified and certified pursuant to
14.6.5 NMAC, Inspectors.
[14.5.3.14 NMAC - Rp, 14.5.3.14
NMAC, 3/10/2022]
14.5.3.15 CONNECTION APPROVAL:
A. Plumbing. No person shall connect, or reconnect, any
plumbing system to an energy or water source or to a sewer system until the AHJ
or appropriate inspector has given approval to do so.
B. Mechanical. No person shall connect, or reconnect, any
mechanical system or equipment to an energy, fuel or other power source until
the AHJ or appropriate inspector has given approval to do so.
C. Electrical. No person shall connect, or reconnect any
electrical wiring to an energy source until the AHJ building official or appropriate
inspector has given approval to do so.
D. Exception. A
public or private utility may make a connection from a supply of water or gas
to an installation if, the appropriate AHJ has failed to approve or disapprove
the work or installation to which the connection will be made within seven
working days after receiving notification that the work is ready to inspect.
[14.5.3.15 NMAC - Rp, 14.5.3.15
NMAC, 3/10/2022]
HISTORY OF 14.5.3
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 5/5/1976;
CID 78-2, Rules and
Regulations, filed 12/5/1978;
CID 79-1, Rules and
Regulations, filed 6/6/1979;
CID 82-1,
Construction Industries Rules and Regulations, filed 4/14/1982;
CID 85-1,
Construction Industries Rules and Regulations, filed 2/4/1985;
CID 90-1,
Construction Industries Rules and Regulations, filed 5/31/1990.
History of Repealed Material:
14 NMAC 5.3, Housing
and Construction - Construction Industries General Provisions - Inspections
(filed 9/2/1997), repealed 12/1/2000.
14.5.3 NMAC, Housing and Construction -
Construction Industries General Provisions - Inspections (filed 10/16/2000),
repealed 7/1/2004.
14.5.3 NMAC, Inspections (filed 5/27/2004),
repealed 11/15/2016.
14.5.3 NMAC,
Inspections (filed 11/15/2016) was repealed and replaced by 14.5.3 NMAC,
Inspections, effective 3/10/2022.
Other History:
That portion of CID
90-1, Construction Industries Rules and Regulations, filed 5/31/1990 -
renumbered, reformatted and amended to 14 NMAC 5.3, Housing and Construction -
Construction Industries General Provisions - Inspections, filed 9/3/1996.
14 NMAC 5.3, Housing
and Construction - Construction Industries General Provisions - Inspections
(filed 9/3/1996) replaced by 14 NMAC 5.3, Inspections, effective 9/23/1997.
14 NMAC 5.3,
Inspections (filed 9/2/1997) replaced by 14 NMAC 5.3, Inspections, effective
12/1/2000.
14.5.3 NMAC,
Inspections (filed 10/16/2000) and those applicable portions of 14.7.2 NMAC,
1997 Uniform Building Code (filed 10/16/2000); 14 NMAC 9.2, 1997 New Mexico
Plumbing and Mechanical Codes (filed 10/20/1998); and 14.10.4 NMAC, State of
New Mexico Electrical Code (filed 7/1/2002) replaced by 14.5.3 NMAC,
Inspections, effective 7/1/2004.