New Mexico Administrative Code › Title 14 - HOUSING AND CONSTRUCTION › Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS › Part 1 - GENERAL PROVISIONS › Section 14.5.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The definitions in this section are used throughout the
				  construction industries division rules contained in Chapters 5 through 10 of
				  Title 14.
A.
"Apprentice"
means an individual who is learning a particular trade from a validly licensed
				employer. CID recognizes apprentices whether registered in an apprenticeship
				program recognized by the New Mexico state apprenticeship council pursuant to
				the New Mexico department of workforce solutions or unregistered while learning
				the particular trade skills.
B.
"Authority having jurisdiction" "AHJ"
means the state or a
				municipality, county or other political subdivision that has a full-service
				building department employing a full-time certified building official and has
				permitting, inspection and enforcement authority over the general construction,
				electrical and mechanical-plumbing trades within its jurisdiction. Provided
				however, that a municipality, county or other political subdivision established
				as an AHJ prior to July 1, 2009, with authority over specified trades shall
				continue in that capacity without a full-service building department until
				relinquishing its authority as a building trades department.
C. "
Baby changing facility"
means a table or other device suitable for changing the diaper of a child age
				three or under.
D.
"Certified
				building official" "CBO
" means an employee of the state, a county, a
				municipality or other political subdivision who is approved by the division as
				to experience and qualifications, and who has a broad knowledge of the
				construction industry, holds a current nationally recognized code organization
				certified building official certificate and has been either a practicing
				inspector or practicing contractor for at least five years or held a management
				position in a construction-related business or construction organization for at
				least five of the past 10 years. Each CBO is charged with the administration
				and enforcement of the provisions of the Construction Industries Licensing Act
				and the administrative codes under the act.
E.
"Certificate of occupancy"
				"C/O"
means the written approval for a newly constructed building or for
				a change in building occupancy, certifying that the building has passed all
				required inspections and is safe for occupancy. Once issued it remains in
				effect unless suspended or revoked pursuant to Subsection F of
				14.5.3.13
				NMAC.
F.
"Change of
				occupancy"
means a change in the use of the building or portion of a
				building including a change of the occupancy classification or any change in
				use within a classification group to another occupancy in the group.
G.
"CID"
and
"division"
mean the construction industries division of the
				regulation and licensing department.
H.
"CID rules"
means the rules
				compiled in Title 14, Chapters 5 through 10 of the New Mexico Administrative
				Code.
I.
"CILA"
means
				the Construction Industries Licensing Act, Section
				60-13-1 et
				seq. NMSA 1978.
J.
"CIC" and
				"Commission"
means the construction industries commission.
K.
"Code"
means the statewide
				construction codes adopted by the commission.
L.
"Code Bond":
means the
				construction license bond required in Section
				60-13-49
				NMSA 1978, for correction of code violations certified by the
				division.
M.
"Commercial"
means a structure that is classified as having a use
				identified in the New Mexico Commercial Building Code, including but not
				limited to, assembly, business including a public building, educational,
				institutional, mercantile, storage or utility.
N.
"Commercial or industrial
				work"
means all electrical, mechanical or plumbing work not defined as
				residential work in 14.6.6. NMAC.
O.
"Commissioning"
means test
				procedures and results completed and certified by the registered design
				professional or approved agency and provided to the building owner or owner's
				authorized agent.
P.
"Completion"
means the date of the issuance of a certificate of
				occupancy or the date of the final inspection by the governmental entity having
				jurisdiction over code enforcement.
Q.
"Contracting"
has the same
				meaning as defined in Section
				60-13-3
				NMSA 1978.
R
"CVD":
means a code violation determination report prepared by a division
				employee.
S.
"Direct
				supervision"
means supervision, inspection and evaluation by a certified
				journeyman, working in the immediate proximity of a trainee or apprentice,
				overseeing all classification activities as they occur while providing
				direction, feedback, assistance and evaluation of the work of the
				apprentice.
T.
"Director"
has the same meaning as defined in Subsection N of
				Section
				60-13-2 NMSA
				1978.
U.
"Disqualifying
				criminal conviction"
has the same meaning as defined in Subsection E of
				Section 61-1-36 NMSA 1978.
V.
"Electrical wiring"
means installation; alteration; connection;
				service and maintenance; demolition; or repair of raceways; conduits;
				conductors; cables; boxes; fittings; wiring devices; luminaires; overcurrent
				devices; distribution equipment; or other equipment or apparatus that is used
				as part of, or in connection with, an electrical installation.
W.
"Fixed works"
means public
				work projects and facilities that require specialized engineering, knowledge
				and skill
X.
"Foreman"
means an owner or employee of a licensed company with experience in a
				particular trade who is charged with organizing and managing the execution of
				that trade for single or multiple projects for the licensed entity.
Y.
"Formal hearing"
means a
				hearing held under the ULA, Section
				60-1-1
				through 60-1-33 NMSA 1978.
Z.
"Gross incompetence or gross negligence"
means, but shall not be
				limited to, a significant departure from the prevailing industry standard,
				manufacturer specifications or any provision of CILA, ULA or rule adopted by
				the commission
AA.
"IBC"
means the International Building Code currently adopted by
				reference.
BB.
"Industrial"
means buildings and structures designed to house
				industrial processes for assembling, disassembling, fabricating, finishing,
				manufacturing, packaging, repair or processing operations.
CC.
"Informal hearing"
means a
				hearing held pursuant to Subsection C of Section
				60-13-27
				NMSA 1978.
DD.
"Inspector"
means a person certified by the division and certified
				by one or more trade bureaus to conduct inspections of permitted work, in the
				jurisdiction of the AHJ employing said inspector to ensure that all work
				performed by a contractor or a homeowner complies with the CILA and its
				administrative code.
EE.
"IRC"
means the International Residential Code currently adopted
				by reference.
FF.
"License"
means a license, registration, certificate of
				registration, or certificate.
GG.
"Licensing fee"
has the same meaning as defined in Paragraph (2)
				of Subsection F of Section
				61-1-34
				NMSA 1978.
HH.
"LPG
				standards"
means Section
				70-5-1 et
				seq. NMSA 1978, LPG and CNG Act and 19.15.40 NMAC, Liquefied Petroleum Gas
				Standards, collectively.
II.
"Mechanical and or plumbing work"
means installation, alteration,
				connection, maintenance, demolition, or repair of piping, fixtures, or
				equipment as defined in Section
				60-13-32
				NMSA 1978; ducts, appurtenances or other equipment that is used as part of, or
				in connection with a mechanical or plumbing system installation.
JJ.
"Military service member"
has the same meaning as defined in Paragraph (3) of Subsection F of Section
				61-1-34
				NMSA 1978.
KK.
"NMCBC"
means 14.7.2 NMAC, the currently adopted New Mexico Commercial Building Code,
				which adopts by reference and amends the designated IBC
LL.
"New Mexico certified building
				official"
and
"NMCBO
" means a person who meets the
				qualifications of a CBO, is employed by CID as a trade bureau chief, and
				appointed by the director as the state of New Mexico's CBO. The NMCBO has
				ultimate authority over conflicts arising among AHJs other than trade bureau
				chiefs.
MM.
"New Mexico
				construction code(s")
means any of the rules compiled in Title 14,
				Chapters 7 through 10 of the New Mexico Administrative Code.
NN.
"New restroom"
means a
				toilet facility constructed as part of the construction of a new commercial
				building or facility, constructed as part of a new addition to an existing
				commercial building or facility, constructed as a standalone restroom facility,
				or a new toilet facility constructed in an existing building.
OO.
"NMCBC"
means 14.7.2 NMAC,
				the currently adopted New Mexico Commercial Building Code, which adopts by
				reference and amends the designated IBC.
PP.
"NMEBC"
means 14.7.7 NMAC,
				the currently adopted New Mexico Existing Building Code, which adopts by
				reference and amends the designated International Existing Building
				Code.
QQ.
"NMEBMC"
means 14.7.4 NMAC, currently adopted New Mexico Earthen Building Materials
				Code.
RR.
"NMEC"
means
				14.10.4 NMAC, the currently adopted New Mexico Electrical Code, which adopts by
				reference and amends the designated National Electrical Code.
SS.
"NMRECC"
means 14.7.6 NMAC,
				the currently adopted New Mexico Residential Energy Conservation Code, which
				adopts by reference and amends the designated International Residential Energy
				Conservation Code.
TT
"NMCECC"
means 14.7.9 NMAC, the currently adopted New Mexico
				Commercial Energy Conservation Code, which adopts by reference and amends the
				designated International Commercial Energy Conservation Code.
UU.
"NMESC"
means 14.10.5 NMAC,
				the currently adopted New Mexico Electrical Safety Code, which adopts by
				reference and amends the designated National Electrical Safety Code.
VV.
"NMMC"
means 14.9.2 NMAC,
				the currently adopted New Mexico Mechanical Code, which adopts by reference and
				amends the designated Uniform Mechanical Code.
WW.
"NMPC"
means 14.8.2 NMAC,
				the currently adopted New Mexico Plumbing Code, which adopts by reference and
				amends the designated Uniform Plumbing Code.
XX.
"NMRBC"
means 14.7.3 NMAC,
				the currently adopted New Mexico Residential Building Code, which adopts by
				reference and amends the designated International Residential Code.
YY
"NMSEC"
means 14.9.6 NMAC,
				the currently adopted Mexico Solar Energy Code, which adopts by reference and
				amends the designated Uniform Solar Energy Code.
ZZ.
"NMSPSHTC"
means 14.8.3
				NMAC, the currently adopted New Mexico Swimming Pool, Spa, and Hot Tub Code,
				which adopts by reference and amends the designated Uniform Swimming Pool, Spa,
				and Hot Tub Code.
AAA.
"NOI"
means a notice of investigation prepared by a division employee.
BBB
"Notice of contemplated
				action" ("NCA"):
means the official notice to a licensee that the
				commission is seeking to take action against a licensee for alleged violations
				of the CILA or rules promulgated by the commission.
CCC.
"Place of public
				accommodation"
means a structure or facility intended to accommodate
				members of the public as specifically provided in Section 60-13-10.3 NMSA 1978
				and supplemented in Table 2902.1 of the NMCBC
				14.7.2.37
				NMAC.
DDD.
"Prime
				contractor"
means the licensed contractor who contracted with the
				property owner to oversee the construction project and act as the owner's agent
				as defined in Subsection B of 14.6.6.8 and Subsection A of
				14.6.6.9
				NMAC.
EEE.
"Public
				building"
means a building or other structure on publicly owned lands or
				used by the state, a municipality, county or other political subdivision of the
				state using state, municipal or county funds, bonds or other revenue
FFF.
"Published code"
means any
				code or standard published by an entity other than the state of New Mexico and
				adopted by reference, or referred to as a standard in the CID rules.
GGG.
"Residential work"
means
				work on one and two family dwelling units, and residences including apartment
				houses accommodating not more than four family units (Groups R-1, R-2, R-3) as
				defined in 14.7.2 NMAC. This includes structures in Group U, as defined in
				14.7.2 NMAC, when incidental to groups R-1, R-2 and R-3.
HHH.
"Roof coating"
means a
				fluid material applied in the field as a sacrificial film to the roof surface
				to provide weather protection over the original waterproof membrane. The
				coating protects the waterproof roof substrate from the weather (solar
				radiation, heat and moisture) and may change the appearance of the roof. Roof
				coatings do not replace a roof assembly or roof covering.
III.
"School"
means a public
				school, a school district, a regional educational cooperative, shared
				maintenance program, charter school, or private school, recognized by the New
				Mexico public education department that offers grade levels from kindergarten
				through 12th grade only.
JJJ.
"Statewide inspector's certificate"
means a state-issued
				certificate that enables an inspector to conduct inspections in one or more
				trade bureau jurisdictions for the state or any county, municipality or other
				political subdivision in which the inspector is employed and that has a
				certified building official in its employ.
KKK.
"Sub-contractor"
means a
				licensed contractor who is hired by the prime contractor, regardless if the
				sub-contractor obtains its own permit or works under the permit obtained by the
				prime contractor.
LLL.
"Substantially equivalent"
means the determination by the
				Construction Industries Division that the education, examination, and
				experience requirements contained in the statutes and rules of another
				jurisdiction are comparable to, or exceed the education, examination, and
				experience requirements of the Construction Industries Licensing Act.
MMM.
"Surety"
means the
				insurance company authorized by the NM department of insurance to transact
				business in New Mexico and acts as the underwriter of a contractor's code
				bond.
NNN.
"Technically
				infeasible"
means an alteration of a facility that has little likelihood
				of being accomplished because the existing structural conditions require the
				removal or alteration of a load-bearing member that is an essential part of the
				structural frame, or because other existing physical or site constraints
				prohibit modification or addition of elements, spaces or features which are in
				full and strict compliance with the minimum requirements for new construction
				and which are necessary to provide accessibility.
OOO.
"Trade bureau"
means the
				general construction, mechanical-plumbing, electrical or liquefied petroleum
				(LP) gas trade bureau of the CID.
PPP.
"Trade bureau chief" "TBC"
means the administrative head of a New Mexico CID trade bureau charged with the
				administration and enforcement of the trade bureau's state adopted codes and
				standards. The trade bureau chiefs are the ultimate authority having
				jurisdiction to determine and render interpretations of their trade codes. The
				trade bureau chief shall recommend to the CID and the CIC all minimum standards
				and codes, for their specific trade(s), for adoption.
QQQ.
"ULA"
means the Uniform
				Licensing Act, Section
				61-1-1 et
				seq. NMSA 1978.
RRR.
"Unregistered apprentice"
means a person who, for the purpose of
				learning a trade of journeyman and is not registered in an apprenticeship
				program recognized by the New Mexico state apprenticeship council.
SSS.
"Veteran"
has the same
				meaning as defined in Paragraph (4) of Subsection F of Section
				61-1-34
				NMSA 1978.