reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 10 - ELECTRICAL CODES › Part 5 - 2012 NEW MEXICO ELECTRICAL SAFETY CODE › Section 14.10.5.9 - SECTION 1 INTRODUCTION TO THE NATIONAL ELECTRICAL SAFETY CODE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
010.
				Purpose.
See this section of the NESC and add the following new
				subsections: E. Electrical customer-owned distribution systems are subject to
				the NMESC. Customer-owned distribution systems include all (non-utility owned
				or operated) overhead or underground primary or secondary voltage electrical
				power line construction, installation, alteration, repairs, or maintenance. F.
				Any conflict between the adopted NESC and the adopted NEC, the NEC will
				prevail.
B.
013.
				Application
Delete this section.
C.
014. Waiver
Delete this
				section.
D.
016. Effective
				date
. Delete this section of the NESC.
E.
017. Units of Measure
Delete
				this section.
F.
214 A.
				4.
Delete this subsection.
G.
313 A. 4
. Delete this
				subsection.
H.
Part 4.
Delete this section.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 11 - OTHER BUILDING CODES AND STANDARDS › Part 3 - 1997 UNIFORM PLUMBING CODE › Section 14.11.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
The Construction Industries Division of the Regulation and
				  Licensing Department.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 11 - OTHER BUILDING CODES AND STANDARDS › Part 3 - 1997 UNIFORM PLUMBING CODE › Section 14.11.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all persons engaged in the construction
				  activities, including inspectors and code enforcement officials, in the state
				  of New Mexico. 14 NMAC 11.3 [now 14.11.3 NMAC] has a broad scope, with
				  provisions that apply to the erection, installation, alteration, addition,
				  repair, relocation, replacement, maintenance, of any plumbing system for the
				  regulation and control design construction, quality of materials and providing
				  for the issuance of permits and inspections.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 11 - OTHER BUILDING CODES AND STANDARDS › Part 3 - 1997 UNIFORM PLUMBING CODE › Section 14.11.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Pursuant
				to Section 60-13-9(F) of the Construction Industries Licensing Act, NMSA 1978,
				the construction industries division of the regulation and licensing department
				has adopted 14 NMAC 11.3 [now 14.11.3 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) of the Construction Industries Licensing Act, NMSA 1978 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) of the Construction Industries Licensing Act, NMSA 1978, 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."
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 11 - OTHER BUILDING CODES AND STANDARDS › Part 3 - 1997 UNIFORM PLUMBING CODE › Section 14.11.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 11 - OTHER BUILDING CODES AND STANDARDS › Part 3 - 1997 UNIFORM PLUMBING CODE › Section 14.11.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 14 NMAC 11.3 [now 14.11.3 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 plumbing
				  standards.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 11 - OTHER BUILDING CODES AND STANDARDS › Part 3 - 1997 UNIFORM PLUMBING CODE › Section 14.11.3.8 - ADOPTION OF 14 NMAC 11.3 [now 14.11.3NMAC]

Current through Register Vol. 35, No. 13, July 16, 2024
Adoption of the 1997 Uniform Plumbing Code (14 NMAC 11.3)
				  [now 14.11.3 NMAC] was recommended by the mechanical bureau and formally
				  approved by the construction industries commission on August 17, 1998.
A. This part supersedes Rule No. MB-UPC-91-1,
				the 1991 Uniform Plumbing Code, filed with the state records center on July 28,
				1992.
B. This part adopts by
				reference the 1997 Uniform Plumbing 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 Plumbing Code, and cited in short form as 14
				NMAC 11.3 [now 14.11.3 NMAC].
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 1 - GENERAL PROVISIONS › Section 14.12.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to all manufacturers, dealers, brokers,
				  salesman, installers, repairman, contractors, and purchasers of manufactured
				  homes in the state of New Mexico.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 1 - GENERAL PROVISIONS › Section 14.12.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Manufactured
				  Housing Act, Sections
				  60-14-1
				  through
				  60-14-20.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 1 - GENERAL PROVISIONS › Section 14.12.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 14.12.1 NMAC is to set forth the general
				  provisions, which apply to Part 1, Part 2 and Part 4 through Part 11 of Chapter
				  12, and to all persons affected or regulated by Part 1, Part 2 and Part 4
				  through Part 11 of Chapter 12 of Title 14.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 1 - GENERAL PROVISIONS › Section 14.12.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
All words and terms defined in the Manufactured Housing Act
				  have the same meaning in these rules.
A. Terms starting with the letter 'A' are
				defined as follows.
(1)
"Act"
means the Manufactured Housing Act. Chapter 60, Article 14, Section 4, NMSA,
				1978 is incorporated herein and made a part of these rules.
(2)
"Alternative permanent foundation
				systems"
are defined as commercially packaged systems designed by a New
				Mexico licensed engineer for the purpose of classifying installations as
				permanent.
(3)
"Anchoring"
is defined as those systems approved by a DAPIA. Where
				no DAPIA approval exists a licensed professional engineer may design a
				anchoring system pursuant to the manufacturer's specifications.
(a)
"Tie-down"
is any device
				designed for the purpose of securing a manufactured home to the
				ground.
(b)
"Ground
				anchor"
is a listed screw auger.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 1 - GENERAL PROVISIONS › Section 14.12.1.8 - LOCAL ORDINANCES

Current through Register Vol. 35, No. 13, July 16, 2024
Ordinances of any political subdivision of New Mexico
				  relating to gas, including natural gas, liquefied petroleum gas or synthetic
				  natural gas; electricity; sanitary plumbing; and installation or sale of
				  manufactured homes shall not be inconsistent with any rules, regulations, codes
				  or standards adopted by the division pursuant to the Manufactured Housing
				  Act.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 1 - GENERAL PROVISIONS › Section 14.12.1.9 - GENERAL ADMINISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Rules are adopted by the division to further define the Manufactured Housing
				Act and the functions of the manufactured housing committee and the
				division.
B. Prior to adoption of
				rules, amendments to rules or repeal of rules the division or commitee shall
				hold a public hearing before the superintendent of the regulation and licensing
				department and the manufactured housing committee or a hearing officer
				designated by the superintendent and the committee.
C. As provided by the Manufactured Housing
				Act (Section 16-14-4 NMSA 1978), rules and regulations are subject to committee
				approval prior to division adoption.
D. If the division and the manufactured
				housing committee do not mutually agree to proposed rules, the superintendent
				may appoint a task force to develop mutually agreeable rules. At a minimum, the
				task force shall consist of the division director and two manufactured housing
				committee members. The superintendent may be a member of the task
				force.
E. The committee shall meet
				at least bimonthly at the call of the chairman and annually elect a chairman
				and vice chairman.
F. Meeting
				notice resolution, consistent with the Open Meetings Act (Section
				10-15-1
				et seq., NMSA, 1978), shall be adopted annually by the committee at a regularly
				scheduled committee meeting.
G.
				Adopted rules must be filed and published as provided by the State Rules Act
				(Section
				14-4-1,
				et. seq., NMSA 1978) and shall be enforced thirty (30) days after filing as
				provided by the Uniform Licensing Act (Section
				61-1-1, et
				seq., NMSA 1978).
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 1 - GENERAL PROVISIONS › Section 14.12.1.10 - MINIMUM CONSTRUCTION AND INSTALLATION STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The division adopts as part of these rules
				the following federal statutes and regulations as minimum standards for new
				manufactured home construction and installation:
(1) Manufactured Home Construction and Safety
				Standards Act of 1974, as amended by the National Manufactured Housing
				Improvement Act of 2000,
				42 U.S.C.
				5401 -
				5426;
(2) Manufactured Home Construction and Safety
				Standards, 24 C.F.R. Section 3280;
(3) Manufactured Home Procedural and
				Enforcement Regulations, 24 C.F.R. Section 3282;
(4) Model Manufactured Home Installation
				Standards, 24 C.F.R. Section 3285; and the
(5) Manufactured Home Installation Program,
				24 C.F.R. Section 3286.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 1 - GENERAL PROVISIONS › Section 14.12.1.11 - NOTICE TO THE PUBLIC

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Manufactures, brokers, dealers and salespersons licensed under the Manufactured
				Housing Act must post a "notice to the public" poster at their place of
				business. The poster must be located by the main door entrance or a location
				within full reading view of the public.
B. The poster will include the name and
				address of the regulation and licensing department, manufactured housing
				division, and will inform the consumer how and where to file a complaint in
				regards to any alleged violation of the New Mexico Manufactured Housing Act and
				rules.
C. The manufactured housing
				division will furnish the posters.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 1 - GENERAL PROVISIONS › Section 14.12.1.12 - STANDARD OF CONDUCT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any dealer,
				salesperson, or broker who receives any consideration for arranging the
				transfer of equity or the assumption of a loan on a manufactured home shall
				ascertain whether such manufactured home has a lien or security interest filed
				on it with the motor vehicle division of the New Mexico department of taxation
				and revenue. Such licensee shall insure that written consent is obtained from
				the holder of the lien or security interest, if any, approving the transferee's
				assumption of the transferor's obligation to the lien holder within ten (10)
				days prior to the effective date of the transfer. For purposes of this
				subsection, "assumption of a loan" means any substitution or attempt to
				substitute the responsible persons on the contract or agreement of repayment of
				amounts owed to a lender and includes "wraparound" agreements.
B. No licensee shall aid or abet an
				unlicensed person to evade the provisions of the act or these rules; knowingly
				combine or conspire with, or act as an agent, partner, or associate for an
				unlicensed person.
C. It is a
				violation of the Manufactured Housing Act and these rules to act outside the
				scope of or to misrepresent intentionally or unintentionally the scope of any
				license issued by the division.
D.
				All conditions of a sales contract signed by a dealer or broker and homeowner
				must be completed within ninety (90) days from the date of delivery unless
				otherwise signed and agreed to by both parties.
E. A copy of a purchase agreement and sales
				contract signed by both the licensee and purchaser are to be given to the
				purchaser at the time of signing or closing.
F. When a licensed dealer or licensed
				manufacture agrees to provide any installation in connection with the sale or
				lease of a mobile or manufactured home, the licensed dealer or licensed
				manufacture must confirm that the installer or repairman is licensed in
				accordance with these rules and the act. Confirmation is a copy of the current
				license or verification of licensure printed from the division webpage and must
				be retained in the customers file and be available for inspection by the
				division.
G. When a licensed dealer
				or licensed manufacture agrees to provide any foundation work in connection
				with the sale or lease of a mobile or manufactured home, the licensed dealer or
				licensed manufacture must confirm that the general building contractor (GB-2,
				GB-98, or GS-4) is licensed in accordance with these rules and the act.
				Confirmation is a copy of the current license or verification of licensure
				printed from the division webpage and must be retained in the customers file
				and be available for inspection by the division.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 1 - GENERAL PROVISIONS › Section 14.12.1.13 - SUPERVISION OF LICENSEE EMPLOYEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A licensee shall adequately supervise and
				control employees. The failure of a licensee to undertake appropriate
				corrective action within a reasonable period of time after the licensee has
				actual knowledge of a violation of the act or these rules shall be prima facie
				proof of inadequate supervision and control.
B. A licensee's obligation to comply with the
				act and these rules shall not be altered by any contract or agreement between
				the licensee and his employees, agents or subcontractors.
C. Failure to adequately supervise and
				control employees may, after opportunity for hearing, result in a license
				denial, revocation or suspension.
D. A qualifying party shall provide adequate
				supervision and inspect all installations and endorse such inspections by
				personally signing an inspection permit.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 1 - GENERAL PROVISIONS › Section 14.12.1.14 - CHANGE OF EMPLOYMENT, ADDRESS, NAME, OWNERSHIP OR BUSINESS ENTITY OR STRUCTURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Licenses
				are not transferable.
B. A licensee
				must notify the manufactured housing division immediately of any change in the
				licensee's name, business name, mailing or business address, business entity or
				structure, business ownership, place of business or employment.
C. Upon receipt of notice of a change of
				business name, the division will examine its records to determine if the
				proposed business name is deceptively similar to that of any other licensee and
				may approve the business name change if no deceptive similarities exist. The
				licensee shall not do business under a proposed new business name or at any new
				location prior to approval by the division and issuance of a new
				license.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 1 - GENERAL PROVISIONS › Section 14.12.1.15 - ADVERTISING AND VEHICLE IDENTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The licensee's name and licensee number
				shall be included in advertising and on all vehicles used in conjunction with
				the installation and repair of manufactured homes in the licensee's business.
				Letters and numbers on licensee's service vehicles shall be no less than two
				(2) inches high.
B. This section
				shall not apply to manufacturers.
C. All licensees of the manufactured housing
				division who advertise must conform to the rules set forth by the New Mexico
				Unfair Trade Practices Act, Section
				57-12-1
				thru
				57-12-22
				of New Mexico Statutes and Regulation Z of the Board of Governors of the
				Federal Reserve System, Section 226.24 Advertising, paragraph C.
D. All licenses must include the licensees
				name and license number in all media advertisement.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 1 - GENERAL PROVISIONS › Section 14.12.1.16 - INSPECTION OF PUBLIC RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Requests for inspection of records are governed by the Inspection of Public
				Records Act (NMSA 1978, Section
				14-2-1
				et. seq.).
B. The division director
				shall appoint a custodian of public records. The custodian may require that a
				request for inspection of records be in writing and delivered or addressed to
				the custodian of public records, manufactured housing division, regulation and
				licensing department, 2550 Cerrillos Road, P.O. Box 25101, Santa Fe, New Mexico
				87504. A written request shall provide the name, address, and telephone number
				of the person seeking access to the records and shall identify the records
				requested with reasonable particularity.
C. The custodian of public records, or a
				substitute in the custodian's absence, shall respond to all written requests
				for inspection of public records as provided for in the Inspection of Public
				Records Act and shall provide reasonable facilities to make or furnish copies
				of public records to persons requesting them, during usual business
				hours.
D. The custodian shall
				charge a reasonable copy fee or the regulation and licensing department
				standard IPRA fee, whichever is higher, and at the custodian's discretion may
				require such payment to be received before copies are made.
E. Nothing in this rule prevents a member of
				the public from making an oral request for public records and the custodian or
				designee providing the requested public records.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 1 - GENERAL PROVISIONS › Section 14.12.1.17 - LOCAL PLANNING, AND ZONING JURISDICTIONS OR UNITS INSTALLED IN FLOODPLAIN OR MUDSLIDE AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				installations of residential manufactured homes must comply with the
				Manufactured Housing Act, all rules adopted by the division and all locally
				adopted zoning and planning requirements.
B. Prior to delivery of a manufactured home
				every dealer shall have the consumer sign a document acknowledging that the
				consumer has been advised to check with the local governing body in the
				locality of the site where the home will be installed to determine flood zone
				area installation requirements.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 1 - GENERAL PROVISIONS › Section 14.12.1.18 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any section of these rules is held to be inoperative,
				  invalid or illegal, the remaining provisions shall continue in effect and
				  operation.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 2 - LICENSURE REQUIREMENTS › Section 14.12.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules and regulations apply to all manufacturers,
				  dealers, brokers, salesman, installers, repairman, contractors, and purchasers
				  of manufactured homes in the state of New Mexico.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 2 - LICENSURE REQUIREMENTS › Section 14.12.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Manufactured
				  Housing Act, Sections
				  60-14-1
				  through
				  60-14-20.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 2 - LICENSURE REQUIREMENTS › Section 14.12.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 14.12.2 NMAC is to set forth the
				  classifications, requirements and documentation, which must be submitted to the
				  manufactured housing division, for licensure under the Manufactured Housing
				  Act.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 2 - LICENSURE REQUIREMENTS › Section 14.12.2.9 - MANUFACTURERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A manufacturer's
				license entitles its holder to sell or import for sale manufactured homes in
				New Mexico.
B. Each manufacturing
				plant or location shall have a qualifying party and each location shall have a
				separate license.
C. Each
				manufacturing plant is required to submit a written report to the division of
				all new homes shipped into or within New Mexico. The report must contain the
				following information: New Mexico license number and name; the serial number
				and H.U.D. label number assigned to the home and the name of the retailer to
				whom the homes are delivered. The report must be filed by the fifteenth (15th)
				of the month following the shipment month.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 2 - LICENSURE REQUIREMENTS › Section 14.12.2.10 - DEALERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A dealer's
				license entitles its holder to engage in the business of selling, exchanging,
				buying for resale, leasing, offering to or attempting to negotiate sales or
				exchanges or lease-purchases of new and pre-owned manufactured homes. A dealer
				may also perform all functions, which a broker is authorized to perform under
				the act and these regulations. Any person who in any manner acts as a dealer in
				the transaction of more than one manufactured home in any consecutive 12-month
				period is required to be licensed as a dealer.
B. Each dealer's location shall have a
				qualifying party and each location shall have a separate license.
C. A dealer shall maintain a place of
				business, which is an actual physically, established location from which
				business can be conducted and where all documents directly related to the
				purchase, sale, trade and installation of a manufactured home within the
				preceding three years shall be available for inspection during normal business
				hours by a representative of the division. All locations in which a dealer
				offers manufactured homes off-site from the dealer's physical location are to
				be considered an extension of the dealer's lot. A post office box, secretarial
				service, telephone answering service, or similar entity does not constitute an
				actual physically established location.
D. The following provisions shall govern all
				transactions in which a dealer is involved in a transfer of a pre-owned
				manufactured home between a buyer and a seller, other than the dealer.
(1) The dealer's role is that of a fiduciary
				to his principal.
(2) In all such
				transactions which require a transfer of title, the dealer must: determine the
				status of title, including all recorded liens and security interests, of the
				manufactured home according to the title records of the motor vehicle division,
				and disclose in writing to all parties in the transaction the status of title
				of the home as shown by such records.
(3) All listing agreements entered into by a
				dealer shall disclose the percentage amount or fee to be received by the dealer
				upon the completion of a transaction under the terms of the listing
				agreement.
(4) Prior to the closing
				between the buyer and seller on a transaction, the dealer shall deliver to both
				the buyer and the seller a closing statement which shall contain, but is not
				limited to, the following information: the purchase price; all funds paid and
				to be paid by the buyer; all funds received and to be received by the seller;
				receipt and disposition of all other funds relevant to the transaction; the
				method of assumption, disposition or other treatment of existing loans on the
				home and liens on or security interests in the home.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 2 - LICENSURE REQUIREMENTS › Section 14.12.2.12 - TEMPORARY SALESPERSON LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The director may issue a one time thirty (30) day temporary sales license for
				individuals who have never been licensed by the division as a temporary
				salesperson or salesperson. A temporary salesperson license shall not be
				renewed.
B. A temporary
				salesperson's license entitles its holder to be employed, either directly or
				indirectly, with or without remuneration or consideration by a dealer or broker
				to engage in sales or lease-purchases of new and pre-owned manufactured homes
				through that dealership or brokerage as allowed by the employer's
				license.
C. Custody of license.
(1) A temporary salesperson's license shall
				be in the custody of the licensee's employer.
(2) A temporary salesperson shall be issued a
				wallet card by the division. The card shall contain the licensee's name,
				license number and the address of the employer.
(3) If a temporary salesperson is discharged
				or terminates their employment, the employer shall return the temporary
				salesperson's license to the division within ten (10) days of the last date of
				employment. The division shall immediately terminate the temporary
				license.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 2 - LICENSURE REQUIREMENTS › Section 14.12.2.13 - SALESPERSONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A salesperson's
				license entitles its holder to be employed, either directly or indirectly, with
				or without remuneration or consideration by a dealer or broker to engage in
				sales or lease-purchases of new and pre- owned manufactured homes through that
				dealership or brokerage as allowed by employer's license.
B. Each salesperson shall be licensed
				individually.
C. Custody of
				license.
(1) A salesperson's license shall be
				in the custody of his employer.
(2)
				Each salesperson shall be issued a wallet card by the division. The card shall
				contain the licensee's name, license number and the address of the
				employer.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 2 - LICENSURE REQUIREMENTS › Section 14.12.2.14 - INSTALLER AND REPAIRMEN

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				installer's license entitles its holder to install manufactured homes for
				remuneration or consideration as provided for by these regulations.
B. A repairman's license entitles its holder
				to repair manufactured homes for remuneration or consideration as provided for
				by these regulations. An exception to this rule is a person(s) who makes
				manufacturer's warranty repairs and is employed and paid wages by a New Mexico
				licensed manufacturer or its designated agent. Such person(s) are not required
				to maintain a repairman's license.
C. Licenses for installers and repairmen
				shall be classified as MHD-1, MHD-2, MHD-3, MHD-3 Y and MHD-3 E.
(1) MHD-1 shall permit the holder to level
				ground and place piers to support a manufactured home, to attach and tighten
				tiedowns, to connect existing water and sewer lines, to connect electrical
				cable to the home's approved existing receptacle, to install and repair
				skirting, and to install concrete associated with footings or
				foundations.
(2) MHD-2 shall permit
				the holder to perform all functions of an MHD-1 and to make structural repairs
				and alterations.
(3) MHD-3 shall
				permit the holder to perform all the functions of an MHD-2 and to service and
				repair natural gas piping and appliances, change and adjust orifices in a
				manufactured home prior to connection to L.P. gas, and to service and repair
				plumbing and electrical systems.
(4) The scope of an MHD-3 Y licensee shall be
				extended to install gas yardlines to manufactured homes upon acquiring an
				appropriate endorsement from the division.
(5) The scope of an MHD-3 E licensee shall be
				extended to install feeder assemblies from the on-site utility terminal to the
				manufactured home not to exceed 30 feet. The provisions for obtaining a
				separate electrical endorsement shall include a minimum of two years in the
				last 10 years of verifiable experience performing electrical work on
				manufactured homes or related equipment.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 4 - BONDS AND TRUST ACCOUNTS › Section 14.12.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules and regulations apply to all dealers, brokers,
				  salesperson, manufacturers, repairman, and installers of manufactured homes in
				  the state of New Mexico.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 4 - BONDS AND TRUST ACCOUNTS › Section 14.12.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Manufactured
				  Housing Act, Sections
				  60-14-1
				  through
				  60-14-20.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 4 - BONDS AND TRUST ACCOUNTS › Section 14.12.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 14.12.4 NMAC is to set forth the
				  requirements for trust accounts, deposits for a manufactured home transaction,
				  and consumer protection bonds
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 4 - BONDS AND TRUST ACCOUNTS › Section 14.12.4.8 - TRUST ACCOUNTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. This section
				shall apply only to transactions involving pre-owned manufactured homes in
				which the dealer or broker has no ownership interest.
B. Every dealer and broker shall maintain a
				trust account in a banking institution authorized to conduct business in this
				state.
C. All money, funds or
				negotiable instruments received by the dealer or broker in a pre-owned
				manufactured home transaction shall as soon as is practicable be deposited in
				the trust account and such money, funds or negotiable instruments shall remain
				in the trust account until the transaction is completed or otherwise
				terminated. Upon the completion or termination of the transaction, the dealer
				or broker shall account for all money, funds and negotiable instruments in
				accordance with these rules and shall disburse each money, funds and negotiable
				instruments to the parties to the transaction accordingly.
D. Every dealer and broker shall keep records
				of all money, funds and negotiable instruments received and deposited in the
				trust account, which records shall include, but are not limited to, the
				following information:
(1) the type and amount
				of money, funds or negotiable instruments received and deposited and from whom
				they were received;
(2) the date
				money, funds or negotiable instruments are received;
(3) the date of deposit;
(4) the date, amount and purpose of
				withdrawals;
(5) the name of the
				person or persons for whose account the money, funds or negotiable instruments
				were deposited;
(6) to whom the
				money, funds or negotiable instruments belong.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 4 - BONDS AND TRUST ACCOUNTS › Section 14.12.4.9 - DEPOSITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Consumer
				deposits for a manufactured home transaction will not be collected without a
				bona fide purchase agreement or buyer's order signed by both buyer and seller
				which shall include but is not limited to: year, model, manufacturer, serial
				number if unit is in stock, purchase price, required deposit and financing
				terms of the purchase.
B. Deposits
				will be refunded in full if financing is denied or terms of approval are
				significantly different from original agreement. If the buyer fails to complete
				his obligation for the purchase, deposits will be refunded as follows.
(1) Deposits on units in stock will be
				refunded in full less all actual costs incurred by the seller, such costs to be
				a maximum of 5% of the purchase price.
(2) Deposits units ordered for a specific
				purchaser will be refunded in full, less all actual costs incurred by the
				seller, such costs to be a maximum of 10% of the purchase price. Seller must
				fully disclose that the unit will be ordered.
(3) Deposits on homes requiring repairs,
				upgrades, modifications or changes agreed to by both buyer and seller in
				writing will be refunded in full less actual costs of repairs, upgrades,
				modifications, or changes.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 4 - BONDS AND TRUST ACCOUNTS › Section 14.12.4.11 - MANUFACTURER'S CONSUMER PROTECTION BOND

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each manufacturer or manufacturer II
				re-furbisher shall maintain consumer protection bonds with the division equal
				to the number of locations or plants shipping units into New Mexico or
				constructing units in New Mexico. Each bond may be satisfied by a surety bond
				or other security in the form and in the amount prescribed by the division with
				a minimum amount for each location, fifty thousand dollars ($50,000.00) for a
				Manufacturer I and ten thousand dollars ($10,000.00) for a Manufacturer
				II-Re-furbisher. Each surety in the form of a cash consumer protection bond
				shall be posted with a financial institution located in New Mexico.
				Out-of-state manufacturers shall submit an affidavit consenting to service of
				process in New Mexico in connection with all claims filed pursuant to the
				provisions of the act.
B. Each bond
				shall be indemnity for any loss sustained by any consumer as a result of:
(1) a violation by the manufacturer of any
				provision of the act or of these regulations;
(2) a violation of the manufacturer's written
				warranty;
(3) fraud by the
				manufacturer in the execution or performance of a contract;
(4) the misrepresentation or the making of
				false promises by the manufacturer, or through the advertising, the agents, or
				the salespersons of the manufacturer;
(5) refusal, failure or inability of the
				manufacturer to transfer good and sufficient legal title to the
				consumer.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 4 - BONDS AND TRUST ACCOUNTS › Section 14.12.4.12 - DEALER'S CONSUMER PROTECTION BOND

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each dealer shall maintain consumer
				protection bonds with the division equal to the number of locations at which
				the dealer does business. Each bond may be satisfied by a surety bond or other
				security in the form and in the amount prescribed by the division, with a
				minimum amount of fifty thousand dollars ($50,000.00) for each location. Each
				surety in the form of cash consumer protection bond shall be posted with a
				financial institution located in New Mexico. Out of state dealers shall submit
				an affidavit consenting to service of process in New Mexico in connection with
				all claims filed pursuant to the provisions of the act.
B. Each bond shall be indemnity for any loss
				sustained by the consumer as a result of:
(1)
				a violation by the dealer of any provision of the act or of these
				regulations;
(2) fraud by the
				dealer in the execution or performance of a contract;
(3) the misrepresentation or making a false
				promise by the dealer, or through the advertising, the agents, or the
				salespersons of the dealer;
(4) a
				violation of the dealer's written warranty;
(5) refusal, failure or inability of the
				dealer to transfer good and sufficient legal title to the consumer.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 4 - BONDS AND TRUST ACCOUNTS › Section 14.12.4.13 - INSTALLER'S OR REPAIRMAN'S CONSUMER PROTECTION BOND

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each installer and each repairman to
				include individuals granted licensures in accordance with 14.12.2.14 NMAC shall
				maintain consumer protection bonds with the division. Each bond may be
				satisfied by a surety bond or other security in the form and in the amount
				prescribed by the division. The minimum bond amount shall be in an amount not
				less than ten thousand dollars ($10,000). Bonds shall be presented to the
				division upon application for licensure and subsequently at each license
				renewal period. Each surety in the form of a cash consumer protection bond must
				be posted with a financial institution located in New Mexico. Out of state
				installers or repairmen to include individuals granted licensures in accordance
				with 14.12.2.14 NMAC shall submit an affidavit consenting to service of process
				in New Mexico in connection with all claims filed pursuant to the provisions of
				the act.
B. Each bond shall be
				indemnity for any loss sustained by any consumer as a result of:
(1) fraud by the installer or repairman to
				include individuals granted licensures in accordance with 14.12.2.14 NMAC in
				the execution or performance of a contract;
(2) the misrepresentation or the making of a
				false promise by the installer or repairman to include individuals granted
				licensures in accordance with 14.12.2.14 NMAC, or through the advertising, or
				the agents of the installer or the repairman to include individuals granted
				licensures in accordance with 14.12.2.14 NMAC;
(3) a violation of the installer's or
				repairman's written warranty to include individuals granted licensures in
				accordance with 14.12.2.14 NMAC.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 4 - BONDS AND TRUST ACCOUNTS › Section 14.12.4.14 - BROKER'S CONSUMER PROTECTION BOND

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each broker shall maintain a consumer
				protection bond with the division. Each bond may be satisfied by a surety bond
				or other security in the form and in the amount prescribed by the division,
				with a minimum amount of fifty thousand dollars ($50,000.00). Each branch
				office shall have an associate broker with a proper license and fifty thousand
				dollars ($50,000.00) consumer protection bond. Each surety in the form of a
				cash consumer protection bond must be posted with a financial institution
				located in New Mexico. Out of state brokers shall submit an affidavit
				consenting to service of process in New Mexico in connection with all claims
				filed pursuant to the provisions of the act.
B. Each bond shall be indemnity for any loss
				sustained by a consumer as a result of:
(1) a
				violation by the broker of any provision of the act or these
				regulations;
(2) fraud by the
				broker in the execution or performance of a contract;
(3) the misrepresentation or the making of a
				false promise by the broker or through the advertising, or the agents of the
				broker.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 5 - INSTALLATION REQUIREMENTS › Section 14.12.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules and regulations apply to all manufacturers,
				  dealers, brokers, salesman, installers, repairman, contractors, and purchasers
				  of manufactured homes in the state of New Mexico.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 5 - INSTALLATION REQUIREMENTS › Section 14.12.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Manufactured
				  Housing Act, Sections
				  60-14-1
				  through
				  60-14-20
				  NMSA 1978.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 5 - INSTALLATION REQUIREMENTS › Section 14.12.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 14.12.5 NMAC is to set forth the permitting,
				  installation, testing and inspection requirements for the installation of new
				  and pre-owned manufactured homes.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 5 - INSTALLATION REQUIREMENTS › Section 14.12.5.8 - GENERAL INSTALLATION REQUIREMENTS (NEW OR USED; PRE-OWNED OR RESOLD)

Current through Register Vol. 35, No. 13, July 16, 2024
The following requirements apply to new, used, pre-owned or
				  resold manufactured homes, unless otherwise indicated.
A. Manufactured homes produced under the
				Federal Manufactured Home Construction and Safety Standards Act must be
				installed, including completion of all factory installed connections from the
				unit to the necessary utilities, by persons licensed as a manufactured home
				installer or repairman under the provisions of 14.12.2 NMAC.
B. No person shall install a new or pre-owned
				manufactured home without first obtaining a permit for installation from the
				manufactured housing division.
C. A
				homeowner may secure a permit, when the homeowner assumes responsibility and
				does the work on their home on a single site.
D. No utility supplier shall have a
				connection from a supply of electricity, water, liquefied petroleum gas,
				natural gas or sewer without first obtaining a permit for installation from the
				division.
E. No utilities shall be
				connected until the home is properly installed upon a permanent foundation, or
				a non-permanent foundation.
F.
				Utility connections for electricity, water, natural gas or sewer from on-site
				utility terminals to a new, used, or pre-owned or resold manufactured home
				produced under the Federal Manufactured Home Construction and Safety Standards
				Act shall be made according to the manufacture's installation
				instructions.
G. If the
				manufacture's installation instructions are not available for installation of a
				used, or pre-owned or resold manufactured home, the installation shall be made
				according to the regulations herein.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 12 - MANUFACTURED HOUSING › Part 5 - INSTALLATION REQUIREMENTS › Section 14.12.5.9 - SITE WORK (NEW OR USED; PRE-OWNED OR RESOLD)

Current through Register Vol. 35, No. 13, July 16, 2024
The following requirements apply to new, used, or pre-owned
				  or resold manufactured homes, unless otherwise indicated.
A. The licensee and permit holder or home
				owner holding a permit who is performing the work to install a new, used,
				pre-owned or resold manufactured home shall review the intended installation
				site and determine that the site is suitable for the home and that the
				installation will comply will all state and local requirements prior to the
				installation. All manufactured home sites designed for either a non-permanent
				foundation or a permanent foundation must comply with the following minimum
				standards:
(1) sites shall have acceptable
				soils to withstand the stresses and load bearing elements of the manufactured
				home to be placed upon the site;
(2) new units shall comply with the soils
				criteria delineated by the manufacturer in the manufacturer's installation
				manual.