This rule was filed as 14 NMAC 9.3.

TITLE 14 HOUSING AND CONSTRUCTION

CHAPTER 9 MECHANICAL CODES

PART 3 1997 UNIFORM MECHANICAL CODE

14.9.3.1 ISSUING AGENCY: The Construction Industries Division of the Regulation and Licensing Department.

[12/31/98; Recompiled 10/01/01]

14.9.3.2 SCOPE:

A. This rule applies to all persons engaged in the construction activities, including inspectors and code enforcement officials, in the state of New Mexico.

B. 14 NMAC.9.3 [now 14.9.3 NMAC] has a broad scope, with provisions that apply to the erection, installation, alteration, addition, repair, relocation, replacement, maintenance, of any mechanical system for the regulation and control of any heating, ventilating, cooling or refrigeration systems, incinerators, design construction, quality of materials and providing for the issuance of permits and inspections.

[12/31/98; Recompiled 10/01/01]

14.9.3.3 STATUTORY AUTHORITY:

A. Pursuant to Section 60-13-9 (F) NMSA 1978 of the Construction Industries Licensing Act, the construction industries division of the regulation and licensing department has adopted 14 NMAC 9.3 [now 14.9.3 NMAC]. This section provides as follows: “The division shall adopt all building codes and minimum standards as recommended by the trade bureaus and approved by the commission so that the public welfare is protected, uniformity is promoted and conflicting provisions are avoided.”

B. Section 60-13-44 (B) NMSA 1978 of the Construction Industries Licensing Act states: “The mechanical bureau shall recommend to the commission minimum standards for the installation of all fixtures, consumers’ gas pipe, appliances and materials installed in the course of a mechanical installation. The recommendations shall be in substantial conformity with the Uniform Mechanical Code published by the international conference of building officials and the Uniform Plumbing Code published by the international association of mechanical and plumbing officials.”

C. Pursuant to Section 60-13-44 (F) NMSA 1978 of the Construction Industries Licensing Act, this rule and the materials adopted pursuant to this rule set the minimum building standards for the state of New Mexico. This provision specifically states: “All political subdivisions of the state are subject to the provisions of codes adopted and approved under the Construction Industries Licensing Act. Such codes constitute the minimum requirements for codes of political subdivisions.”

[12/31/98; Recompiled 10/01/01]

14.9.3.4 DURATION: Permanent; until later amended, repealed or replaced.

[12/31/98; Recompiled 10/01/01]

14.9.3.5 EFFECTIVE DATE: December 31, 1998, unless a later date is cited at the end of a section or paragraph.

[Compiler’s note: The words or paragraph, above, are no longer applicable. Later dates are now cited only at the end of sections, in the history notes appearing in brackets.]

[12/31/98; Recompiled 10/01/01]

14.9.3.6 OBJECTIVE: The objective of 14 NMAC 9.3 [now 14.9.3 NMAC] is to promote the general welfare of the people of the state 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. Further, this code is intended to provide uniformity in mechanical standards.

[12/31/98; Recompiled 10/01/01]

14.9.3.7 DEFINITIONS: [RESERVED]

[12/31/98; Recompiled 10/01/01]

14.9.3.8 ADOPTION OF 14 NMAC 9.3 [now 14.9.3 NMAC]: Adoption of the 1997 Uniform Mechanical Code (14 NMAC 9.3) [now 14.9.3 NMAC] was recommended by the mechanical bureau and formally approved by the construction industries commission on August 17, 1998 and September 25, 1998.

A. This part supersedes Rule No. MB-UMC-91-1, the 1991 Uniform Mechanical Code, filed with the state records center on July 28, 1992.

B. This part adopts by reference the 1997 Uniform Mechanical Code, except as amended by the 1997 New Mexico Plumbing and Mechanical Code at 14 NMAC 9.2 [now 14.9.2 NMAC].

C. This part shall be referred to as the 1997 Uniform Mechanical Code, and cited in short form as 14 NMAC 9.3 [now 14.9.3 NMAC].

[12/31/98; Recompiled 10/01/01]

HISTORY OF 14.9.3 NMAC:

Pre-NMAC Regulatory Filing History: The material in this part was derived from that previously filed with the state records center and archives under:

CIC MB 68-3, 1966 N.M. Gas Code filed 1/23/68.

CIC MB 70-7, 1970 Natural Gas Code of N.M., filed 4/29/70.

CIC MB 71-3, 1970 Natural Gas Code, filed 6/8/71.

CIC-74-8, 1973 Uniform Mechanical Code, filed 11/20/74.

CIC-76-4, 1976 Uniform Mechanical Code, filed 11/24/76.

CID MB 80-3, 1979 Uniform Mechanical Code, filed 4/23/80.

MB-UMC-82-1, 1982 Uniform Mechanical Code, filed 11/4/82.

MB-UMC-85-1, 1985 Uniform Mechanical Code, filed 10/1/85.

MB-UMC-88-1, 1988 Uniform Mechanical Code, filed 12/15/88.

MB-UMC-91-1, 1991 Uniform Mechanical Code, filed 7/28/92.

History of Repealed Material: [RESERVED]