reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 2 - PERMITS › Section 14.5.2.17 - TEMPORARY STRUCTURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Permits.
The appropriate TBC or the CBO of an AHJ is authorized to
				issue a permit for temporary structures and temporary uses. Such permits shall
				specify an expiration date not to exceed one year from the date of issuance.
				The building official is authorized to grant extensions for good cause
				supported by credible evidence.
B.
Conformance.
Pursuant to Section 108.2 of the IBC temporary
				structures and uses shall comply with the requirements of Section
				3101.
C.
Temporary
				power.
A permit may be issued by the appropriate TBC or AHJ for the
				installation and energizing of a temporary electric pole or electrical service
				as specified in Paragraph (5) of Subsection K of
				14.5.2.10
				NMAC, for a period not to exceed one year from the date of issuance. When the
				temporary use of the temporary electric pole or electrical service is no longer
				required or at the end of the authorized year, the property owner shall notify
				the appropriate AHJ or inspector. Upon receipt of written notice of such
				cancellation, the appropriate AHJ shall notify the utility and the utility
				shall discontinue service to such system. Service shall not be resumed until a
				new permit for the work on the system is issued.
D.
Temporary service.
A permit,
				for a period not to exceed one year from the date of issuance, may be issued by
				the appropriate TBC or AHJ authorizing a connection of a temporary system for
				supplying water, gas, or sewage service, after inspection and testing as
				applicable by the inspector. When the temporary use of such system is no longer
				required or at the end of the authorized year, the permittee shall notify the
				appropriate AHJ. Upon written receipt of such a request to cancel the temporary
				service, the AHJ shall, either cancel the permit and notify the utility with
				the utility discontinuing service to such system or work may continue under the
				issued permit on a non-temporary basis once the temporary use is no longer
				required. The temporary work permit may be canceled at any time within one year
				after the permit is issued by the AHJ.
E.
Termination of approval.
The
				AHJ is authorized to terminate a permit for a temporary structure when the TBC
				or CBO deems that it is in the best interests of health, safety and welfare to
				do so. See
				14.5.1.12
				NMAC.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 2 - PERMITS › Section 14.5.2.18 - HOMEOWNER'S PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
A. A homeowner
				permit allows homeowners to obtain permits for constructing or altering their
				primary residence without becoming a licensed contractor is strictly limited to
				construction and alteration of their primary residence. Any other use of a
				homeowner's permit shall result in cancellation of the current homeowner permit
				and denial of any subsequent request for a homeowner permit.
B. The homeowner licensing exemption requires
				conformity with CILA, its rules, standards and codes. This includes a homeowner
				acting as a general contractor for the project.
C. The homeowner's permit authorizes the
				homeowner to physically perform the work, alone or with legal employees, or act
				as a general contractor and subcontract portions of the work to licensed
				contractors. In order to qualify for the homeowner permit the major portion of
				the work to be performed, based on dollar amount, must be completed by the
				homeowner.
D. A homeowner may apply
				for a homeowner's building, plumbing or electrical permit to construct a
				residence or to remodel or construct an addition to an existing residence. A
				homeowner's permit may only be issued to a property owner and only for the
				property owner's primary residence occupied or intended to be occupied by the
				homeowner. A permit is required for all construction related work for which a
				permit is required by statute or rule.
E. Homeowner's permits are limited to
				single-family dwellings, appurtenant structures to single-family dwellings such
				as private garages, carports, and sheds and are issued only to the property
				owner providing proof of ownership. All homeowner permit applications are
				subject to approval by the AHJ.
F.
				A person applying for a homeowner's permit in order to construct or alter a
				primary, personal residence in accordance with Paragraph (10) of Subsection D
				of CILA, Section
				60-13-3
				NMSA 1978 must provide the following to the AHJ:
(1) A completed AHJ approved homeowner permit
				application.
(2) A signed and
				notarized homeowner's permit responsibility sheet acknowledging legal
				responsibility, verification of the major portion of the work based on dollar
				amount being completed by the homeowner and the liability of the homeowner for
				the construction that is completed by subcontractors.
(3) A signed acknowledgement of receipt of
				the instructions form for obtaining a homeowner permit.
(4) Zoning approval from the local planning
				and zoning department.
(5) Flood
				plain determination from the local flood plain department.
(6) Proof of identity and ownership of the
				property for which the permit is sought.
(7) Payment of all required fees.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 2 - PERMITS › Section 14.5.2.20 - EMERGENCY WORK

Current through Register Vol. 35, No. 13, July 16, 2024
Where equipment replacement or repairs must be performed in
				  an emergency, application to the appropriate AHJ for the required permit must
				  be made on the next working business day or as determined by the particular TBC
				  or AHJ.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 2 - PERMITS › Section 14.5.2.21 - CONNECTION OF SERVICE UTILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
No person shall make connections from a utility, source of
				  energy, fuel or power to any building or system that is regulated by the New
				  Mexico construction codes until approved by the appropriate
				  AHJ.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 3 - INSPECTIONS › Section 14.5.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 3 - INSPECTIONS › Section 14.5.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  60-13-9,
				  60-13-41,
				  60-13-10.3,
				  60-13-45,
				  60-13-46
				  and
				  60-13-47
				  NMSA 1978.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 3 - INSPECTIONS › Section 14.5.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 3 - INSPECTIONS › Section 14.5.3.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 3 - INSPECTIONS › Section 14.5.3.9 - INSPECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 3 - INSPECTIONS › Section 14.5.3.10 - STOP WORK ORDERS

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 3 - INSPECTIONS › Section 14.5.3.11 - AUDIT AND INSPECTION OF WORK ON ANNUAL PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 3 - INSPECTIONS › Section 14.5.3.12 - PRODUCT STANDARDS AND APPROVALS

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 3 - INSPECTIONS › Section 14.5.3.13 - CERTIFICATES OF OCCUPANCY OR FINAL INSPECTION

Current through Register Vol. 35, No. 13, July 16, 2024
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;
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 3 - INSPECTIONS › Section 14.5.3.14 - INSPECTION AGENCIES

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 3 - INSPECTIONS › Section 14.5.3.15 - CONNECTION APPROVAL

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 4 - ALTERNATIVE MATERIALS, METHODS AND ASSEMBLIES OF CONSTRUCTION[REPEALED]

Current through Register Vol. 35, No. 13, July 16, 2024
[This part was repealed effective July 1, 2004 and replaced by
				that portion of 14.5.1 NMAC]
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 5 - FEES › Section 14.5.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all persons requesting services provided
				  by the division pursuant to CILA for which CILA requires or allows fees to be
				  charged.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 5 - FEES › Section 14.5.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978 Sections
				  60-13-20,
				  60-13-38,
				  60-13-45
				  and
				  14-2-2.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 5 - FEES › Section 14.5.5.8 - CONTRACTOR'S LICENSE FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				applicant for an initial contractor's license shall pay a non-refundable
				license application fee of $30.00 in addition to any other required
				fees.
B. The basic fee for an
				initial license or for renewal of a license for the GA-98, GB-2, GB-98, GF-98,
				EE-98 or MM-98 classification shall be $100.00 per year, or $200.00 for two
				years, for each such classification.
C. The basic fee for an initial license or
				for renewal of a license in any other classification shall be $50.00 per year,
				or $100.00 for two years.
D. Each
				applicant for an initial license or for any additional classification shall pay
				a non-refundable application fee of $30.00.
E. If an applicant takes and fails an
				examination for the GB-2, GB-98, EE-98 or MM-98 classification, or if he fails
				the business and law examination for any classification, he may request a
				review of such examination and shall pay a non-refundable fee of $25.00 for
				each such review.
F. If an
				applicant takes and fails an examination twice in any classification, he may
				request a special review of such examination and shall pay a non-refundable fee
				of $40.00 for each such review.
G.
				The division is authorized to increase the fees applicable to examinations
				required by the state pursuant to the Construction Industries Licensing Act,
				NMSA 1978 Section
				60-13-1,
				et seq., by a multiplier of up to three (3) for each classification upon the
				approval of such fee increases by the commission.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 5 - FEES › Section 14.5.5.9 - JOURNEYMAN AND BOILER OPERATOR FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The electrical journeyman examination
				shall be $25.00, with a renewal fee of $25.00 per year for each classification
				held.
B. The mechanical journeyman
				examination shall be $25.00, with a renewal fee of $25.00 per year for each
				classification held.
C. The boiler
				operator examination shall be $25.00, with a renewal fee of $25.00 per
				year.
D. The division is authorized
				to increase the fees applicable to examinations required by the state pursuant
				to the Construction Industries Licensing Act, NMSA 1978, Section
				60-13-1,
				et seq., by a multiplier of up to three (3) for each classification upon the
				approval of such fee increases by the commission.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 5 - FEES › Section 14.5.5.10 - PERMIT FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Payment
				required. All permit fees are due at the time of issuance of the permit. No
				permit or amended permit issued pursuant to 14.5.2 NMAC, Permits, shall be
				valid until all fees required by this rule have been received by CID or, when
				allowed by CID, the payment has been charged to a credit card.
B. Valuation. When required by CID for the
				purposes of determining a permit fee, the applicant for a permit shall provide
				such information as the building official or plan review official shall require
				in order to establish the total value of the project for which the permit is
				being sought. The information shall include the value of the labor and
				materials to be used on the project. If the information supplied is
				insufficient, or indicates that the value of the project is lower than the
				minimum value of the project derived by applying any schedule of costs
				established by CID, the permit shall be denied unless the applicant submits
				credible written estimates, of sufficient detail, to support the value asserted
				by the applicant. CID shall determine the ultimate valuation assigned to a
				project for purposes of establishing the permit fee.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 5 - FEES › Section 14.5.5.11 - GENERAL CONSTRUCTION BUILDING PERMIT FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The fee for a building permit shall be:
(1) $3.00 per $1,000.00 valuation up to
				$15,000.00; and
(2) $1.00 per
				$1,000.00 valuation over $15,000.00.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 5 - FEES › Section 14.5.5.12 - ELECTRICAL PERMIT FEES

Current through Register Vol. 35, No. 13, July 16, 2024
The fees in this section are used as a base for determining
				  the total fee. The permit fee will be the sum of the individual items
				  multiplied by 1.8 or $48.00/hr.
A.
				Residential.
(1) 100 amp service or less,
				$25.00
(2) Over 100 amp through 200
				amp, $ 40.00
(3) Over 200 amp
				through 320 amp, $ 55.00
(4) Over
				320 amp through 400 amp, $125.00
(5) Over 400 amp, $200.00
(6) Plan review, $40.00/hr. or fraction
				thereof
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 5 - FEES › Section 14.5.5.13 - MECHANICAL/PLUMBING PERMIT FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Administrative fee for any inspection, $37.50
B. Each plumbing fixture, including backflow
				protection therefore, $4.00
C. Each
				water distribution system, $4.00
D.
				Each building sewer, $4.00
E. Each
				water heater, $4.00
F. Each water
				conditioner, $6.00
G. Each
				evaporative cooler, $6.00
H. Each
				swimming pool, $50.00
I. Each
				vacuum breaker or backflow device which is not an integral part of a plumbing
				fixture or supply pipe thereto, $4.00
J. Each gas piping system, $6.00
K. Each gas appliance, $4.00
L. Each gas pipe outlet, $4.00
M. Re-inspection, $37.50
N. Ventilation system, $6.00
O. Refrigeration system, $6.00
P. Central furnace duct work,
				$10.00
Q. Each domestic hot water
				solar heating system, $10.00
R.
				Each solar space heating system, $20.00
S. Final certificate of approval,
				$7.50
T. Sewage ejector/grinder,
				$4.00
U. Grease trap/interceptor,
				$4.00
V. Water service line,
				$4.00
W. Gas yard line,
				$4.00
X. Combination unit (HVAC),
				$4.00
Y. Fan coil unit,
				$4.00
Z. Hot water radiant heating
				system, $10.00
AA. Chilled water
				distribution system, $10.00
BB.
				Steam and condensate piping system, $10.00
CC. Roof drainage system, $10.00
DD. Chiller, $10.00
EE. Cooling tower, $10.00
FF. Commercial kitchen hood, $10.00
GG. Commercial duct system, $10.00
HH. Medical gas system, $10.00
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 5 - FEES › Section 14.5.5.14 - MISCELLANEOUS FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Certificate of
				qualification. The fee for the issuance of a certificate of qualification shall
				be $6.00, inclusive of gross receipts tax.
B. Replacement Fees.
(1) The fee for the replacement of a
				certificate of qualification shall be $6.00, inclusive of gross receipts
				tax.
(2) The fee for the
				replacement of a contractor's license shall be $6.00, inclusive of gross
				receipts tax.
(3) The fee for the
				replacement of a certificate of competence shall be $6.00, inclusive of gross
				receipts tax.
(4) The fee for
				additional contractor's wallet cards (beyond the two initially issued) shall be
				$6.00 for each such card, inclusive of gross receipts tax.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 5 - FEES › Section 14.5.5.15 - BAD OR RETURNED CHECK FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				A charge of $20.00 shall be made for any check that fails to clear the bank or
				is returned unpaid for any reason.
B. A returned check shall cause any license
				issued or renewed or any test scheduled as a result of such payment, to be
				immediately suspended until proper payment in full is received.
C. A penalty for late renewal may be assessed
				if a check fails to clear the bank or is returned for any reason.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 7 - TECHNICAL ADVISORY COUNCILS, HEARINGS, APPEALS, SEVERABILITY [REPEALED]

Current through Register Vol. 35, No. 13, July 16, 2024
[This part was repealed effective July 1, 2004 and replaced by
				14.5.1 NMAC]
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 8 - INVESTIGATIONS AND ENFORCEMENT › Section 14.5.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  60-13-23,
				  60-13-23.1,
				  60-13-24
				  and Subsection C of
				  60-13-27
				  NMSA 1978.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 8 - INVESTIGATIONS AND ENFORCEMENT › Section 14.5.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 13, 2014, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 8 - INVESTIGATIONS AND ENFORCEMENT › Section 14.5.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide administrative procedures for the discipline of
				  licensees, applicants, certificate holders and unlicensed
				  contractors.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 8 - INVESTIGATIONS AND ENFORCEMENT › Section 14.5.8.8 - VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An action by a
				licensee or certificate holder that is contrary to any of the following
				provisions, the CILA, the Liquefied Petroleum Gas and Compressed Natural Gas
				Act, Sections
				70-5-1
				through
				70-5-23
				NMSA 1978, the Manufactured Housing Act, Sections
				60-14-1
				through
				60-14-20,
				NMSA 1978, or any rule promulgated by the commission, may subject the licensee
				to disciplinary action.
(1) Gross incompetence
				or gross negligence.
(2) Failure
				to maintain financial responsibility.
(3) Failure to maintain worker compensation
				insurance.
(4) Performing, or
				holding one- self out as able to perform, professional services beyond the
				scope of one's license and field or fields of competence.
(5) Contracting without displaying his/her
				full name as it appears on the license issued by the division.
(6) Advertising a classification or trade in
				which a contractor is not licensed by the division.
(7) Advertising a service in a false,
				fraudulent or misleading manner.
(8) The use of a false, fraudulent or
				deceptive statement in any document connected with construction bids,
				licensing, inspections or permitting.
(9) Fraud, deceit or misrepresentation in any
				application.
(10) Violation of any
				order of the commission.
(11)
				Cheating on an examination for licensure.
(12) Failure to cooperate in an
				investigation.
(13) Obstruction of
				an investigator or an inspector in carrying out their duties.
(14) Aiding and abetting unlicensed
				contracting.
(15) Contract or job
				abandonment activity as determined by a court of competent
				jurisdiction.
(16) Failure to meet
				and maintain requirements for crossover licensure for multidisciplinary
				registration, certificates or licenses.
(17) Failure to be in compliance with the
				Parental Responsibility Act.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 8 - INVESTIGATIONS AND ENFORCEMENT › Section 14.5.8.9 - ADMINISTRATIVE INVESTIGATIONS AND ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Complaints:
Administrative
				disciplinary proceedings may be initiated by the filing of a complaint by any
				person, including members of the commission or division staff, against any
				licensee, registrant or certified holder. The division will assign an employee
				to investigate the alleged violations.
B.
Notice of investigations
				(NOI):
A NOI shall be sent to the address on record according to the
				licensee's file. The licensee is required to respond within 15 calendar days
				from the date the NOI was sent by the division and provide the information or
				documents requested by the commission or division. Failure to respond in
				writing and supply information or documentation requested may subject the
				licensee to disciplinary actions.
C.
Investigative Subpoenas:
The
				division director or the commission is authorized to issue investigative
				subpoenas and to employ experts with regard to pending investigations. The
				recipient of an investigative subpoena is obligated to reply with the requested
				information no later than 30 calendar days after receipt of the subpoena unless
				otherwise specified in the subpoena. Failure to comply with the subpoena may
				subject a licensee or certificate holder to disciplinary action or be cause for
				the division or the commission to seek enforcement of the subpoena in a court
				of law.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 8 - INVESTIGATIONS AND ENFORCEMENT › Section 14.5.8.10 - INFORMAL HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Requesting an informal hearing:
Pursuant to the CILA, complaints may be
				resolved at the request of the complainant, the licensee or the commission
				through an informal hearing. Although a complainant is not a party to the
				matter, the complainant may request an informal hearing.
B.
Acceptance of an informal
				hearing:
(1) The commission and
				licensee must agree to the hearing.
(2) The commission and licensee must agree
				that the decision of the hearing officer is final and not subject to review by
				the commission or a court of law.
(3) Written acceptance must be received by
				the division within 30 calendar days of approval of the informal hearing by the
				commission. Failure to provide written acceptance will result in the issuance
				of a NCA against the licensee or the qualifying party.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 8 - INVESTIGATIONS AND ENFORCEMENT › Section 14.5.8.11 - FORMAL HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
Every licensee, certificate holder or applicant shall be
				  afforded notice and the opportunity to be heard in accordance with the ULA
				  before the commission may take any adverse action against the licensee,
				  applicant, or certificate holder, or before an application may be
				  denied.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 8 - INVESTIGATIONS AND ENFORCEMENT › Section 14.5.8.12 - UNLICENSED ACTIVITY

Current through Register Vol. 35, No. 13, July 16, 2024
If the division does not criminally prosecute an individual
				  suspected of unlicensed activity under Section
				  60-13-52
				  NMSA 1978, the commission may take administrative action under the ULA and seek
				  an administrative penalty in the amount of $1,000.00 per
				  violation.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 9 - CODE BOND DETERMINATIONS › Section 14.5.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 30, 2015, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 9 - CODE BOND DETERMINATIONS › Section 14.5.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish the process in which an indemnitee makes a claim
				  against a licensee's code bond.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 9 - CODE BOND DETERMINATIONS › Section 14.5.9.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Authority
				having jurisdiction (AHJ):
The entity with permitting authority in the
				political subdivision where the property is located. This may be the division
				or a building department of a municipality or county.
B.
Code:
means the statewide
				construction codes adopted by rule by the commission.
C.
Code bond:
means the
				construction license bond required in Section
				60-13-49
				NMSA 1978, for correction of code violations.
D.
Certificate of uncorrected
				violations (CUV):
means a certificate prepared by a division employee
				confirming that an uncorrected code violation(s) exists and that the code bond
				shall be used to correct the code violation(s).
E.
Code violation determination report
				(CVD):
means a report prepared by a division employee that identifies
				code violations that must be brought into compliance.
F.
Indemnitee:
means the
				purchaser of construction services, who is the owner or owner's agent of the
				improvement that is subject to the uncorrected code violation.
G.
Responsible party:
means the
				contractor that performed the work that is alleged or determined to be in
				violation of the code. In situations where the division is unable to determine
				which contractor is responsible for a code violation, the prime contractor or
				the contractor that pulled the permit is the responsible party.
H.
Surety:
means the insurance
				company that underwrites a contractor's license code bond and is authorized by
				the New Mexico department of insurance to transact business in New
				Mexico.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 9 - CODE BOND DETERMINATIONS › Section 14.5.9.8 - REQUIREMENTS FOR FILING A CLAIM

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Rights of indemnitee:
The filing of a claim with the division
				serves to show an indemnitee established their potential right to payment on a
				claim within the two-year time limitation set forth in Section
				60-13-49,
				NMSA 1978. It further serves to establish priority of claim should the licensee
				have more than one claim on the code bond simultaneously. Acceptance by the
				division of a claim does not confirm if a code violation has actually occurred,
				nor if the licensee was performing work within the scope of the license issued
				by division, does not infer any right to a payout on the claim, nor does it
				require a surety to hold any funds in reserve to pay a potential claim. The
				surety may close the claim file after a period of inactivity on the claim, but
				any such closure shall not serve to eliminate the right of the indemnitee to
				re-activate the claim upon receipt of a certificate of uncorrected code
				violation from the construction industries division.
B.
Eligibility requirements:
a
				request for investigation of a potential violation of a New Mexico code must
				meet the following minimum requirements for acceptance.
(1)The request from the indemnitee must be on
				a form provided by the division.
(2)The request from the indemnitee must be
				received by the division within two years from the date the final inspection
				occurred or certificate of occupancy was issued, whichever is
				earlier.
(3)The work performed must
				have been completed by a properly licensed contractor.
(4)The indemnitee must agree to allow the
				responsible party the opportunity to correct the alleged code violation.
				Failure to agree to allow the licensee access for the purpose of performing
				corrective work shall result in dismissal of indemnitee's claim without further
				investigation.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 9 - CODE BOND DETERMINATIONS › Section 14.5.9.9 - CODE VIOLATION DETERMINATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Determinations:
(1)CVDs will be
				made by a division inspector and a chief inspector will review and approve of
				the CVDs made by the division inspector. The division inspector's determination
				may be based on a municipality's or county's building department
				findings.
(2)If the division issues
				a CVD, the licensee must be afforded the opportunity to correct the code
				violations in the time allotted by the division before a request for a CUV can
				be filed with the division.
(3)Damages as a result of a code violation
				are not included in the corrective work for a code violation except in cases of
				minor demolition to gain access to perform the corrective work.
(4)Abandoned or incomplete projects are not
				indemnified by the code bond as these are contract issues not governed by the
				Construction Industries Licensing Act (CILA).
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 9 - CODE BOND DETERMINATIONS › Section 14.5.9.10 - CERTIFICATES OF UNCORRECTED VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Cause for issuance of a CUV:
If a licensee refuses or fails to correct code violations listed on a
				CVD, whether the refusal or failure to correct occurs at the time of the
				initial issuance of the CVD, after multiple corrections have been attempted or
				after a licensee exhausts all appeal rights provided under Subsection B of
				14.5.9.9 NMAC, the division shall issue a CUV to the surety as well as the
				indemnitee and the appropriate licensee(s).
B.
Notice of CUV:
The CUV shall
				include the following information:
(1)name and
				mailing address of the surety company holding the code compliance bond at the
				time the licensee(s) refused to correct the code violation;
(2)name and mailing address(es) of the
				licensee(s) that committed the uncorrected code violation(s);
(3)name and mailing address of the
				indemnitee;
(4)bond number for the
				responsible party's bond in effect at the time the licensee refused to correct
				the code violation(s);
(5)all
				license classifications held by the licensee(s);
(6)address of the construction project where
				the uncorrected code violation(s) is located;
(7)date the certificate of occupancy was
				issued or the final inspection was conducted by the AHJ;
(8)a description of each uncorrected code
				violation; and
(9)the following
				statement: "this notice serves to inform the surety company, the indemnitee and
				the licensee that the specified licensee(s) has refused or failed to correct a
				code violation(s) and
therefore the construction industries division, under Section
				  60-13-49
				  NMSA 1978, is informing the surety that the code bond must be released for the
				  sole purpose of correcting the code violation(s) identified herein. The pay-out
				  by the surety company is limited to the amount of the code bond, which is set
				  by statute at $10,000.00. If the actual costs to correct the code violation(s)
				  exceeds $10,000.00, the indemnitee is responsible for those costs. The
				  requirements of the surety and indemnitee are listed under 14.5.9 NMAC. The
				  indemnitee is also notified that the claim may be denied if they fail to meet
				  the requirements listed in 14.5.9.10 NMAC."
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 9 - CODE BOND DETERMINATIONS › Section 14.5.9.11 - DISCIPLINARY REFERRAL

Current through Register Vol. 35, No. 13, July 16, 2024
Requests for release of the code bond shall be processed
				  before discipline when possible. After the issuance of a CUV, or if additional
				  violations are discovered, the division will file an administrative
				  disciplinary complaint under 14.5.8 NMAC based on the underlying code
				  violation(s) and the matter with be submitted to the commission for
				  consideration of disciplinary action. Within 180 calendar days, the licensee
				  will receive a notice of investigation (NOI).
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 9 - CODE BOND DETERMINATIONS › Section 14.5.9.12 - LIMITATIONS ON CODE BONDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.It is
				possible to have multiple violations on a single project. Only one code bond
				can be used to indemnify a particular code violation listed in a CUV per trade
				bureau jurisdiction. If there are multiple violations by multiple licensees,
				only the code bond belonging to the responsible party can be used to indemnify
				the code violation.
B.Legal fees
				and other related costs are not collectable from the code bond disbursements.
				Any disputes not covered by the code bond must be resolved through civil
				litigation in a court of law or by means of mediation, neither of which the
				division or the surety can be a party.
C.Priority on claims against a code bond is
				established by the person that is first in time to file a completed form
				provided by the division requesting a code bond determination regardless of
				when the work occurred.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 9 - CODE BOND DETERMINATIONS › Section 14.5.9.13 - EFFECT OF PAYMENT OF A CLAIM

Current through Register Vol. 35, No. 13, July 16, 2024
Upon receipt of notice from surety of payment of a claim
				  against a bond, the division shall notify the licensee of the payment, and the
				  licensee shall have 30 days to provide the division with proof of financial
				  responsibility as required by Section
				  60-13-49
				  NMSA 1978.
New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 6 - CONSTRUCTION INDUSTRIES LICENSING › Part 2 - HANDYMAN CERTIFICATE › Section 14.6.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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 14.6.2 NMAC
				  Section
				  60-13-9.F.
				  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;