TITLE 14: HOUSING AND CONSTRUCTION
CHAPTER 6: CONSTRUCTION INDUSTRIES LICENSING
PART 5: INSPECTORS
14.6.5.1 ISSUING
AGENCY: The Construction Industries Division (CID) of
the Regulation and Licensing Department (RLD).
[14.6.5.1 NMAC - Rp,
14.6.5.1 NMAC, 3/10/2022]
14.6.5.2 SCOPE: This
rule applies to inspectors employed by the CID and inspectors employed by
municipalities and political subdivisions of the state and subject to the
jurisdiction of the Construction Industries Licensing Act (CILA) and the Liquefied
and Compressed Gases (LPG & CNG Act).
Note: The provisions of 14.6.5 NMAC are different from the requirements
specified by State Personnel for employees (inspectors) of CID.
[14.6.5.2 NMAC - Rp,
14.6.5.2 NMAC, 3/10/2022]
14.6.5.3 STATUTORY
AUTHORITY: Sections 60-13-9, 60-13-41, 60-13-42 NMSA
1978.
[14.6.5.3 NMAC - Rp,
14.6.5.3 NMAC, 3/10/2022]
14.6.5.4 DURATION:
Permanent.
[14.6.5.4 NMAC - Rp,
14.6.5.4 NMAC, 3/10/2022]
14.6.5.5 EFFECTIVE
DATE: March 10, 2022, unless a later date is cited
at the end of a section.
[14.6.5.5 NMAC - Rp,
14.6.5.5 NMAC, 3/10/2022]
14.6.5.6 OBJECTIVE: The
objective of is to promote the general welfare of the people of New Mexico by
providing for the protection of life and property through standards that, when
complied with, will result in an installation essentially free from hazards.
[14.6.5.6 NMAC - Rp,
14.6.5.6 NMAC, 3/10/2022]
14.6.5.7 DEFINITIONS: See
14.5.1.7 NMAC for definitions.
[14.6.5.7 NMAC - Rp,
14.6.5.7 NMAC, 3/10/2022]
14.6.5.8 INSPECTORS:
A. Qualifications:
(1) Qualifications
for inspectors shall be prescribed by the Construction Industries Commission.
(2) Applicants
shall submit to a background check as prescribed by the commission.
(3) The
request to certify an applicant must be initiated by an AHJ to fill an
inspector position.
(4) To
qualify as an inspector for general building, electrical, mechanical or LP gas a
candidate shall meet the following minimum qualifications:
(a) Mechanical-plumbing
trade and electrical trades: three years
of journeyman or foreman level experience;
(b) General
construction: three years of foreman
experience;
(c) LP
gas: three years of experience in
design, construction or operation of LP gas installations;
(d) Candidates
for a mechanical, electrical, or general construction inspector position may
substitute technical, university, or college training in a mechanical,
electrical or general construction field for up to two years of the three years
journeyman or foreman level experience. The
remaining year must be directly related journeyman or foreman level field
experience. The equivalency shall be calculated such that one year of
technical, university or college training shall equal 1/2 a year of
journeyman or foreman level experience.
(e) Candidates for a
mechanical, electrical or general construction inspector position may
substitute a minimum of five years of work experience as a certified inspector
from a recognized jurisdiction for one year of the experience requirement, and
at least two years of related trade experience or construction related
technical, university or college training.
B. Potential denial of
inspector certification based on disqualifying criminal conviction(s).
(1) Pursuant
to Section 28-2-4 NMSA 1978, the division may refuse to grant or renew a
license or certificate if an applicant has been convicted of a felony and the
criminal conviction directly relates to the particular trade, business or
profession.
(2) To
deny an application for certification based on a disqualifying criminal
conviction the following must be considered:
(a) CID
shall not consider an applicant’s criminal conviction to deny certification
unless the conviction is one of the disqualifying criminal convictions listed
in Paragraph (4) below.
(b) Should
an applicant be denied a certificate based on a disqualifying criminal
conviction, the applicant may submit a written justification providing evidence
of mitigation or rehabilitation for reconsideration by the division.
(c) Should
CID deny the certification after receipt of the written justification stated
above, the denial may be appealed and subject to a hearing pursuant to the
Uniform Licensing Act to determine whether the denial is properly based upon a
disqualifying criminal conviction.
(3) In
connection with an application for certification, the construction industries division
shall not use, distribute, disseminate, or admit into evidence at an
adjudicatory proceeding criminal records of any of the following:
(a) a
conviction that has been sealed, dismissed, expunged or pardoned;
(b) a
juvenile adjudication; or
(c) a
conviction for any crime other than the disqualifying criminal convictions
listed in Paragraph 4 of Subsection F of this rule.
(4) Disqualifying
felony criminal convictions that may allow the denial of certification or the
denial of renewal of certification, whether in New Mexico or their equivalent
in any other jurisdiction include:
(a) conviction
involving attempts to evade or defeat payment of a tax that is owed or may be
lawfully assessed;
(b) conviction
involving physical harm to a person or for an attempt, conspiracy or
solicitation to commit such crimes;
(c) robbery,
larceny, burglary, fraud, forgery, embezzlement, arson, theft of identity,
extortion, racketeering or receiving stolen property or for an attempt,
conspiracy or solicitation to commit such crimes;
(d) conviction
involving bribery of a public officer or public employee or for an attempt,
conspiracy or solicitation to commit such crimes;
C. Certification:
(1) The
trade bureau shall ascertain, by written communication from current or previous
employers, the experience qualifications and knowledge of an applicant.
(2) The
experience must have been gained within four years of the 10 years immediately
preceding the application.
(3) Each
applicant shall pass the specific trade bureau’s inspector examination with a
minimum passing score of seventy-five percent prior to conducting any
inspections.
(4) If
all inspector application requirements are satisfactorily completed, the
inspector certificate will be issued; however, the division reserves the right
to deny the issuance of the certificate for reasonable and just cause.
(5) Each
inspector must pass the examination of a national certifying organization, if
appropriate, recognized by the division within one year of employment; and
remain current by such verifying organization to maintain state inspector
certification.
(a) Electrical
inspectors shall pass the certification test administered by the international
code council, or international association of electrical inspectors, or as
determined appropriate by the electrical bureau.
(b) Mechanical
inspectors shall pass the certification test administered by the international
association of plumbing and mechanical officials or the international code
council, or as determined appropriate by the mechanical bureau.
(c) General
construction inspectors shall pass the certification test administered by the
international code council, or as determined appropriate by the general
construction bureau.
(6) Inspectors
shall meet the minimum continuing education requirements as prescribed by the
nationally recognized code organization for each trade bureau jurisdiction and
provide proof of such credits to the division upon application for or renewal
of certification. The division shall
certify and issue a statewide inspectors certification to any person who meets
the requirements established by CID and the nationally recognized code
organization for certification. The
certificate shall list all trade bureaus for which the inspector is certified
to inspect and shall be valid for a term of three years.
D. General requirements:
(1) As
required in the CILA Section 60-13-8 NMSA 1978, any person employed or placed
under contract by the division or by any county or municipality for the purpose
of carrying out the provisions of the CILA who holds any contractor’s license
or certificate of competence issued by the division, shall, as a condition of
employment surrender the contractor’s license or certificate of competence to
the division to be held in inactive status.
The division shall place the license or certificate on hold effective
from the date the employment or contract begins until the date the employment
or contract terminates.
(2) Suspension
shall be immediate and automatic for any inspector who fails to surrender his
contractor’s license or certificate of competence as required above.
(3) An
inspector shall be employed by a county, municipality or other political
subdivision in order to inspect work under permits issued in the trade bureau
for which the inspector is certified; provided that the county, municipality,
or other political subdivision has a certified building official in its employ
and has adopted the current minimum code standards as established by the
commission.
(4) A
certificate issued pursuant to this subsection may be suspended or revoked if
the certificate holder has been convicted of a felony enumerated as a
disqualifying criminal conviction pursuant to Paragraph (4) of Subsection B of 14.6.5.8
NMAC and 14.5.8 NMAC
E. Inspectors with
multiple certifications inspecting in a second discipline: An inspector properly qualified and certified
in a primary discipline may conduct inspections in a secondary discipline
provided the following qualification requirements are met:
(1) The
inspector must pass the respective state certification examination in the
second discipline;
(2) The
inspector must become nationally certified in the secondary discipline within
one year of obtaining the state multiple certification;
(3) The
inspector shall successfully complete a minimum of 40 hours of classroom training
determined by the appropriate trade bureau chief;
(4) The
inspector shall successfully complete a minimum of 80 hours of field training
approved by the appropriate trade bureau chief;
(5) The
inspector shall perform only residential inspections in the secondary
discipline, except as provided below in Paragraph (8) of Subsection D of
14.6.5.8 NMAC;
(6) The
building department for which the inspector intends to work in the capacity of
a secondary inspector shall have a full time inspector on staff as a properly
certified primary inspector in the discipline, who shall provide supervision
and oversight of the inspector working in the secondary discipline;
(7) The
inspector serving as a multiple shall remain currently certified in the
secondary discipline;
(8) The
inspector serving as a multiple inspector that has verifiable field experience
in commercial work, or has received approved hands-on training in commercial
under a commercial primary inspector in the discipline at issue, and the field
experience or hands on training curriculum meets the approval of the
appropriate bureau chief, the secondary inspector may perform residential and
commercial inspectors in the secondary discipline under the approval of a
primary residential and commercial inspector.
[14.6.5.8 NMAC - Rp,
14.6.5.8 NMAC, 3/10/2022]
14.6.5.9 BUILDING
OFFICIALS:
A. Authority having jurisidction:
(1) CID has statewide authority over the regulation of permitting and
inspections of all general construction, mechanical-plumbing, electrical and
liquefied petroleum construction, alteration, repair, installation and
demolition unless a county, municipality, or political subdivision has a
current building department which provides permitting and inspections.
(2) Certain
counties, municipalities and political subdivisions have exercised their legal
authority to establish full-service building departments for permitting and
inspections of general construction, mechanical-plumbing and electrical trades.
This authority does not include work in the liquefied petroleum industry over
which CID has exclusive authority.
(3) Certain
counties, municipalities and political subdivisions were established as an AHJ
as of July 1, 2009, with authority over specific trades, without establishing a
full-service building department. These counties, municipalities and political
subdivisions are allowed to continue as an AHJ for those specific trades.
(4) In
order to establish and maintain a building department allowing permitting and
inspections the county, municipality or political subdivision must establish a
full-service building department including general construction,
mechanical-plumbing and electrical trades, must employ a full-time certified
building official and employ sufficient CID certified inspectors to inspect for
each trade.
(5) CID
shall conduct all inspections if a county, municipality or other political
subdivision does not have a certified building official in its employ.
B. General requirements:
(1) When
a certified building official leaves the employ of a county, municipality or
other political subdivision, the plan review, permitting and inspections
overseen by that certified building official shall transfer to the state unless
the county, municipality or other political subdivision, within 60 days or a
longer period as approved by the division, replaces that certified building
official or enters into a memorandum of understanding with another county,
municipality or other political subdivision.
(2) If
the county, municipality or political subdivision does not replace its
certified building official within the allowable time period approved by the
division the county, municipality or political subdivision shall lose its
authority to maintain a building department with all plan review, permitting
and inspections transferred to CID pursuant to Subsection F of Section 60-13-41
NMSA 1978.
(3) Should
the county, municipality or political subdivision wish to re-establish a new
building department employing a full-time certified building official and
certified inspectors, it must be as a full-service building department
including plan review, permitting and inspections of the general construction,
mechanical-plumbing and electrical trades.
(4) A
county, municipality or other political subdivision may enter into a memorandum
of understanding to share a certified building official and inspectors
operating under that certified building official with another county,
municipality or other political subdivision; provided that the certified
building official is employed in the same county, in an adjacent county, within
100 miles of the county, municipality or other political subdivision or as
approved by the division.
[14.6.5.9 NMAC - Rp,
14.6.5.9 NMAC, 3/10/2022]
History of 14.6.5
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 02/16/1972;
CIC 76-2, Rules And
Regulations, filed 05/05/1976;
CID 78-2, Rules And
Regulations, filed 12/05/1978;
CID 79-1, Rules And
Regulations, filed 06/06/1979;
CID 82-1,
Construction Industries Rules And Regulations, filed 04/14/1982;
CID 85-1,
Construction Industries Rules And Regulations, filed 02/04/1985;
CID 90-1,
Construction Industries Rules And Regulations, filed 05/31/1990.
Other History:
That portion of CID
90-1, Construction Industries Rules And Regulations, filed 05/31/1990 --
renumbered, reformatted and amended to 14 NMAC 6.5, Housing and Construction -
Construction Industries Licensing - Inspectors, filed 09/03/1996.
14 NMAC 6.5, Housing
and Construction - Construction Industries Licensing - Inspectors, filed 09/02/1997
14 NMAC 6.5, Housing
and Construction - Construction Industries Licensing - Inspectors, amendment
filed 10/22/1997
14 NMAC 6.5, Housing
and Construction - Construction Industries Licensing - Inspectors, amendment
filed 04/17/2000
14.6.5 NMAC, Housing
and Construction - Construction Industries Licensing - Inspectors, effective 12/1/2000
14.6.5 NMAC, Housing and Construction - Construction Industries Licensing
- Inspectors, amendment filed 05/01/2014.
History of Repealed Material:
14 NMAC 6.5, Housing
and Construction - Construction Industries Licensing - Inspectors, repealed
effective 12/1/2000.
14.6.5 NMAC –
Inspectors, filed 12/1/2000 was repealed and replaced by 14.6.5 NMAC – Inspectors,
effective 3/10/2022.