reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 24 - SEARCH AND RESCUE › Part 1 - CERTIFICATION FOR SEARCH AND RESCUE PERSONS › Section 10.24.1.9 - MAINTENANCE OF CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Maintenance of certification for field coordinator:
(1) Annual maintenance training is required
				to maintain field coordinator certification.
(2) The maintenance of certification training
				programs for field coordinators shall provide a minimum total of eight hours of
				training.
(3) Any field coordinator
				that is unable to complete the maintenance of certification training within the
				year will be placed on probation status and must attend the next maintenance of
				certification training provided in order to be removed from probation
				status.
(4) If the maintenance of
				certification training is not completed within the next 12 months, it shall be
				basis for removal from the field coordinator position and from certification as
				field coordinator.
(5) A
				certification that is on probation status is still active and valid unless the
				certification is suspended or has been revoked.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 24 - SEARCH AND RESCUE › Part 1 - CERTIFICATION FOR SEARCH AND RESCUE PERSONS › Section 10.24.1.10 - ADDITIONAL CERTIFYING ORGANIZATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
This rule shall not prevent the New Mexico department of
				  public safety from entering into a written agreement for search and rescue
				  certifications and trainings through an outside certifying body. The SAR review
				  board will review the training curriculum and recommend approval to the agency
				  administrator. That certifying body's program for certification, as agreed upon
				  by the department of public safety, would then take the place of the system of
				  certification or maintenance of certification within this rule and shall be
				  adhered to by the field coordinators, incident command system general staff,
				  and SAR person or volunteers.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 24 - SEARCH AND RESCUE › Part 1 - CERTIFICATION FOR SEARCH AND RESCUE PERSONS › Section 10.24.1.11 - DENIAL OF CERTIFICATION, DECERTIFICATION, AND REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Denial, suspension, or revocation of
				certification:
SAR persons seeking certification as a field coordinator,
				incident command system general staff, or SAR person or volunteer may have
				their request for certification denied within the discretion of the agency
				administrator for not having met the criteria as established in this rule. SAR
				persons holding any certification issued by the New Mexico department of public
				safety can be decertified, or have their certification suspended, as determined
				within the discretion of the agency administrator for lack of compliance with
				the standard of care, performance considerations, or improper conduct. Upon
				decertification, the individual will be required to return any identification
				cards and equipment that he or she possesses that was issued to the individual
				by the department of public safety related to that certification.
B.
Procedure for denial, suspension, or
				revocation of certification of field coordinator, incident command general
				staff, or SAR person or volunteer:
(1)
				A decision to deny, suspend, or revoke certification will be recommended by the
				search and rescue resource officer to the agency administrator through the
				special operations commander.
(2)
				After reviewing the facts and circumstances, the special operations commander
				may accept or reach a different outcome than the recommendation of search and
				rescue resource officer.
(3) If a
				decision is made to deny, suspend, or revoke a certification, the special
				operations commander will issue or have a letter issued to the volunteer whose
				certification is impacted.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 1 - GENERAL PROVISIONS › Section 10.25.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to any person whose activities are
				  regulated by the provisions of Sections 59A-52-1 through 59A-52-25 NMSA 1978 or
				  the Fireworks Licensing and Safety Act, Section
				  60-2C-1
				  through
				  60-2C-11 NMSA
				  1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 1 - GENERAL PROVISIONS › Section 10.25.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  8-8-6,
				  8-8-15,
				  59A-52-2,
				  59A-52-15,
				  59A-52-16,
				  and
				  60-2C-3
				  NMSA 1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 1 - GENERAL PROVISIONS › Section 10.25.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to set forth general provisions
				  governing fire prevention, control of fires, and safe egress from and use of
				  public occupancies.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 1 - GENERAL PROVISIONS › Section 10.25.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in Chapter 59A, Article 52
				  NMSA 1978; Sections
				  60-2C-2
				  and
				  60-2C-2.1
				  NMSA 1978; 10.25.1 NMAC; 10.25.5 NMAC; and the code adopted in 10.25.5 NMAC; as
				  used in these rules:
A.
AHJ
means an authority having jurisdiction; this may refer to the fire
				marshal or to other authorities with concurrent jurisdiction such as a
				municipality or county that has enacted an ordinance concerning fire
				protection;
B.
certificate
				of fitness
means the fire marshal's approval of a fire protection
				installation, maintenance and inspection company obtained pursuant to 10.25.2
				NMAC;
C.
CID
means
				the construction industries division of the regulation and licensing
				department;
D.
commission
means the New Mexico public regulation commission;
E.
fire marshal
means the state
				fire marshal as established under the State Fire Marshal Act, Section 59A-52-1
				et seq. NMSA 1978, or his designee; and
F.
these rules
means the rules
				adopted by the commission in Title 10, Chapter 25 NMAC.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 1 - GENERAL PROVISIONS › Section 10.25.1.8 - REQUIREMENTS FOR FILED DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the requirements stated here, particular
				  rules may include other filing requirements. All documents required by these
				  rules to be filed with the fire marshal, including applications referenced in
				  10.25.6 NMAC, shall be filed as follows.
A.
Address for filing documents.
(1) Documents filed by mail shall be
				addressed to the New Mexico fire marshal division, P.O. Box 1269, Santa Fe, New
				Mexico 87504-1269.
(2) Documents
				filed in person or by delivery service shall be delivered to the New Mexico
				fire marshal division located on the fourth floor of 1120 Paseo de Peralta, in
				Santa Fe, New Mexico.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 1 - GENERAL PROVISIONS › Section 10.25.1.9 - APPLICATIONS, FORMS AND GUIDELINES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Mandatory applications.
For
				ease and consistency of data entry, the fire marshal has prepared mandatory
				permit and license applications for compliance with 10.25.2 and 10.25.6
				NMAC.
B.
Optional permit
				application and guidelines.
The fire marshal provides an optional permit
				application for display fireworks, described in Subsection E of
				10.25.6.8
				NMAC, and other guidelines to aid in fire prevention and safety, and to assist
				in carrying out certain requirements of these rules.
C.
How to obtain.
Interested
				persons may obtain copies of mandatory and optional applications, forms, and
				guidelines:
(1) by calling the fire marshal
				division at 505-476-0080 or 1-800-244-6702;
(2) at the fire marshal division located on
				the fourth floor of 1120 Paseo de Peralta in Santa Fe;
(3) by writing to the fire marshal division,
				P.O. Box 1269, Santa Fe, New Mexico 87504-1269; or
(4) from the fire marshal website:
http://www.nmprc.state.nm.us/
.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 1 - GENERAL PROVISIONS › Section 10.25.1.10 - INCOMPLETE FILINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
A filing will be considered incomplete if:
(1) it is unsigned;
(2) it omits any information required by law
				or fire marshal rule or order;
(3)
				it is not accompanied by the appropriate filing fee, paid as required by
				12.3.1.14 NMAC; or
(4) the fire
				marshal determines the filing is otherwise insufficient.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 1 - GENERAL PROVISIONS › Section 10.25.1.11 - INSPECTION OF DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Any person who wishes to inspect public records or other
				  documents relating to fires shall make a request to the fire marshal. The
				  request shall meet the requirements of the Inspection of Public Records Act,
				  Sections
				  14-2-1
				  through
				  14-2-12
				  NMSA 1978, and shall follow the procedure required by that
				  law.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 1 - GENERAL PROVISIONS › Section 10.25.1.12 - REQUESTS FOR COPIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Filing of request.
A person shall make a request in writing for
				copies of a document or report and shall list all documents or information
				requested. A request may be mailed or delivered as provided in
				12.3.1.9
				NMAC, or sent by facsimile to (505) 827-3778. If a person cancels a request
				within 24 hours, the fire marshal shall not assess any fees.
B.
Estimate of fees.
When the
				fire marshal receives a request for copies, the fire marshal's office shall
				issue an informal estimate of fees. The fire marshal shall charge the fees
				enumerated in Subsection C of
				1.2.2.8 NMAC,
				public regulation commission rules of procedure.
C.
Completion of request.
(1) If the person approves the estimate, the
				fire marshal shall prepare the copies within the time periods provided in the
				Inspection of Public Records Act, Section
				14-2-1
et seq
. NMSA 1978.
(2) When the requested documents are ready,
				the fire marshal shall provide a written statement of fees due and shall
				release the copies electronically upon payment of all fees
				due.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 1 - GENERAL PROVISIONS › Section 10.25.1.13 - PAYMENT OF FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A person shall pay fees charged by the commission or the fire
				  marshal by cashier's or company check or money order from funds on deposit with
				  a United States financial institution, made payable to the New Mexico public
				  regulation commission. The fire marshal will not accept personal checks or
				  cash.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 1 - GENERAL PROVISIONS › Section 10.25.1.14 - RULES OF PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
In all matters before the commission involving the fire
				  marshal, the commission shall follow the commission's rules of procedure. A
				  specific provision in these rules shall control over a conflicting general
				  provision in the commission's rules of procedure.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 1 - GENERAL PROVISIONS › Section 10.25.1.15 - APPEALS

Current through Register Vol. 35, No. 13, July 16, 2024
A person aggrieved by any order of the fire marshal may
				  appeal the decision:
A. to the
				commission in accordance with Section
				59A-52-21
				NMSA 1978, by filing an appeal with the New Mexico Public Regulation Commission
				Docketing Office by mail to P.O. Box 1269, Santa Fe, New Mexico 87504-1269 or
				by delivery to the P.E.R.A. Building, Room 413, 1120 Paseo de Peralta, Santa
				Fe, New Mexico 87501; or
B. to
				district court in accordance with Section
				59A-52-22
				NMSA 1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 2 - CERTIFICATES OF FITNESS › Section 10.25.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all fire protection installation,
				  maintenance and inspection companies that operate in the state of New
				  Mexico.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 2 - CERTIFICATES OF FITNESS › Section 10.25.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  8-8-21, 59A-52-2, and
				  59A-52-15 NMSA 1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 2 - CERTIFICATES OF FITNESS › Section 10.25.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to assure a minimum level of
				  quality in the installation, inspection, maintenance and repair of fire
				  protection equipment and to encourage fire prevention and control of
				  fires.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 2 - CERTIFICATES OF FITNESS › Section 10.25.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in 10.25.1 NMAC, "qualified
				  party" means a person holding a license from CID to install or repair fire
				  protection systems.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 2 - CERTIFICATES OF FITNESS › Section 10.25.2.8 - TYPES OF CERTIFICATES REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A.
When required.
No person
				shall install, inspect, maintain, service, tag or repair fire protection
				equipment or systems unless he has obtained a certificate of fitness from the
				fire marshal in compliance with these rules. Any person holding a certificate
				of fitness shall have a copy of it available in all service vehicles and
				offices for review if requested during inspection by the fire marshal or AHJ.
				Certificates of fitness are not transferable.
B.
Types of certificates.
The
				fire marshal or AHJ may issue certificates of fitness for installation,
				inspection, maintenance, repair, recharging or tagging in the following
				disciplines:
(1) automatic fire suppression
				systems and fire pumps;
(2)
				automatic fire detection and alarm systems;
(3) chemical fire suppression
				systems;
(4) portable fire
				extinguishers; and
(5) fire and
				smoke dampers.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 2 - CERTIFICATES OF FITNESS › Section 10.25.2.9 - APPLICATION PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
Any person may apply for a certificate of fitness by
				  submitting the required application to the fire marshal as provided in
				  10.25.1.9 NMAC or to an AHJ. The
				  mandatory applications described in
				  10.25.1.9 NMAC are available as
				  indicated in
				  10.25.1.9 NMAC.
A.
Information required for initial
				application.
Each application for a certificate of fitness shall
				include:
(1) the applicant's name, mailing
				address, telephone number and signature of authorized representative;
(2) the disciplines for which certification
				is requested, listed in
				10.25.2.8 NMAC;
(3) a statement that the applicant agrees to
				be inspected by the fire marshal, his designees or an AHJ at any time during
				normal business hours;
(4) for
				certification for automatic fire suppression systems and fire pumps: the name
				of the qualified party, the type and number of his CID license and a copy of
				his license;
(5) for certification
				for automatic fire detection and alarm systems: the name of the qualified
				party, the type and number of his CID license and a copy of his
				license;
(6) for certification for
				chemical fire suppression systems: the name of the qualified party, the type
				and number of his CID license and a copy of his license;
(7) for certification for portable fire
				extinguishers, a statement indicating that the applicant:
(a) operates from a fixed location, provides
				mobile recharging service, or both;
(b) agrees to allow only trained personnel to
				maintain, service and recharge portable fire extinguishers; and
(c) agrees to provide its personnel with all
				service manuals and documentation, proper tools, recharging materials,
				lubricants and manufacturers' recommended replacement parts or parts
				specifically listed for use in fire extinguishers.
(8) for certification to inspect and test
				fire and smoke dampers, an application shall include:
(a) for mechanically actuated fire and smoke
				dampers, applicants shall provide documentation of a valid NFPA-Certified Fire
				Protection Specialist certification or of an approved fire and life safety
				certification from a program accredited by the American National Standards
				Institute (ANSI).
(b) for
				electrically actuated fire and smoke dampers monitored by a fire alarm system,
				applicants shall comply with requirements of Paragraph (5) of Subsection A of
				10.25.2.9 NMAC.
(c) for fire and smoke dampers with both
				mechanical and electrical components, the applicant inspecting the mechanical
				components shall provide documentation pursuant to subparagraph (a) of this
				paragraph and the applicant inspecting the electrical components shall provide
				documentation pursuant to subparagraph (b) of this
				paragraph.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 2 - CERTIFICATES OF FITNESS › Section 10.25.2.10 - REVIEW OF APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Review.
The fire marshal shall review each application and return
				it pursuant to 10.25.1.10 NMAC if incomplete. An application returned by the
				fire marshal shall be deemed denied. An AHJ shall follow the review process
				provided in its applicable ordinance.
B.
Denial.
The fire marshal or
				AHJ shall deny an application if:
(1) the
				application is incomplete or does not include documentation required by these
				rules;
(2) the applicant does not
				have required licenses or qualifications for the disciplines
				requested;
(3) the application is
				not properly signed; or
(4) the
				fire mashal determines that the application contains any falsification or
				misreprentation.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 2 - CERTIFICATES OF FITNESS › Section 10.25.2.11 - CHANGES TO INFORMATION ON APPLICATION OR CERTIFICATE

Current through Register Vol. 35, No. 13, July 16, 2024
An applicant or certificate holder shall notify the fire
				  marshal or AHJ of any change of information in the application or on the
				  certificate, such as a change of address, within ten (10) days after such
				  change.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 2 - CERTIFICATES OF FITNESS › Section 10.25.2.12 - EXPIRATION AND REVOCATION OF CERTIFICATE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Expiration.
A certificate of
				fitness automatically expires at the conclusion of the time period for which it
				was issued.
B.
Revocation.
The fire marshal or AHJ may revoke a certificate if:
(1) any of the required licenses or
				qualifications of the applicant expire, are canceled or are revoked;
(2) during an inspection, the fire marshal or
				AHJ finds a substantial violation of these rules or applicable codes for a
				discipline for which the certificate has been issued;
(3) the applicant made false statements or
				misrepresentations of material fact in the application or documentation
				submitted with the application; or
(4) the certificate was issued in error or in
				violation of an applicable statute or these rules.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 3 - PARENTAL RESPONSIBILITY › Section 10.25.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Public Regulation Commission, State Fire Marshal
				  Division, Post Office Box 1269, Santa Fe, NM 87504-1269.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 3 - PARENTAL RESPONSIBILITY › Section 10.25.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all persons required to have a license
				  issued by the state fire marshal in order to sell fireworks.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 3 - PARENTAL RESPONSIBILITY › Section 10.25.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  8-8-6,
				  8-8-15,
				  40-5A-9 and
				  60-2C-3
				  NMSA 1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 3 - PARENTAL RESPONSIBILITY › Section 10.25.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 26, 2019, unless a later date is cited at the end of
				  a section.
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 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 3 - PARENTAL RESPONSIBILITY › Section 10.25.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to implement the requirements of
				  the Parental Responsibility Act, Sections
				  40-5A-1 to
				  40-5A-13
				  NMSA 1978, as they apply to the issuance, renewal, suspension or revocation of
				  fireworks vendor licenses.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 3 - PARENTAL RESPONSIBILITY › Section 10.25.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
All terms defined in the Parental Responsibility Act shall
				  have the same meanings in this rule unless defined below.
A.
HSD
means the New Mexico
				human services department.
B.
License
means a display distributor, distributor, manufacturer,
				retailer, specialty retailer or wholesaler license issued to an individual
				pursuant to the Fireworks Licensing and Safety Act, Sections
				60-2C-1 to
				60-2C-11 NMSA
				1978.
C.
Statement of
				compliance
means a certified statement from HSD stating that an
				applicant or licensee is in compliance with a judgment and order for
				support.
D.
Statement of
				non-compliance
means a certified statement from HSD stating that an
				applicant or licensee is not in compliance with a judgment and order for
				support.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 3 - PARENTAL RESPONSIBILITY › Section 10.25.3.8 - SANCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
If an applicant or licensee is not in compliance with a
				  judgment and order for support, the state fire marshal shall:
A. deny an application for a
				license;
B. deny the renewal of a
				license;
C. have grounds for
				suspension or revocation of a license.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 3 - PARENTAL RESPONSIBILITY › Section 10.25.3.9 - CERTIFIED LIST

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Receipt of certified list from HSD:
Upon receipt of HSDs certified
				list of obligors not in compliance with a judgment and order for support, the
				state fire marshal shall match the certified list of obligors against the
				current list of applicants and licensees. By the end of the month in which the
				certified list of obligors is received from HSD, the state fire marshal shall
				report to HSD the names of applicants and licensees who are on the certified
				list of obligors and the action the state fire marshal has taken in connection
				with such applicants and licensees.
B.
Receipt of application:
Upon
				the later receipt of an application for license or renewal, the state fire
				marshal shall match the applicant against the most recent certified list of
				obligors.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 3 - PARENTAL RESPONSIBILITY › Section 10.25.3.10 - INITIAL NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Notification by letter:
Upon determination that an applicant or
				licensee appears on HSD's certified list of obligors, the state fire marshal
				shall notify the applicant or licensee by letter that the applicant or licensee
				must provide the state fire marshal with a subsequent statement of compliance
				within 30 days of the date the state fire marshal mailed the
				notification.
B.
Contents of
				letter:
The notice letter to applicants and licensees shall advise that
				failure to timely provide the statement of compliance shall result in
				commencement of a formal hearing brought by the state fire marshal before the
				state fire board for rejection of an application or suspension or revocation of
				an issued license as provided in
				10.25.3.11
				NMAC.
C.
Retailer
				permits:
In order to ensure compliance with the Parental Responsibility
				Act, every distributor, wholesaler, or manufacturer, before issuing retail
				permits to individuals, must receive a letter of clearance from the state fire
				marshal or his designee, stating that the individual applicant is not on the
				HSD certified list of obligors in violation of a child support judgment and
				order. Retail permits issued by distributors, wholesalers, and manufacturers to
				individuals are invalid without state fire marshal's clearance being attached
				and available for display. Telefaxed transmission of the state fire marshal's
				clearance letter is permissible.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 3 - PARENTAL RESPONSIBILITY › Section 10.25.3.11 - PROCEEDING TO REJECT APPLICATION OR TO SUSPEND OR REVOKE LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
If an applicant or licensee fails to respond to the initial
				  notice as required by
				  10.25.3.10 NMAC,
				  the state fire marshal shall file and serve a complaint upon the applicant or
				  licensee. If the state fire marshal's complaint for rejection of an application
				  or suspension or revocation of a license is based solely on the respondent's
				  failure to comply with a judgment and order of support, and there are no
				  additional grounds based on violations of the Fireworks Licensing and Safety
				  Act, Sections
				  60-2C-1 to
				  60-2C-11 NMSA
				  1978, the complaint shall state:
A.
				the grounds for the state fire marshals proposed action, and
B. that a hearing shall be held before the
				state fire board at least 30 days after the date the complaint is mailed,
				unless the respondent applicant or licensee provides the state fire marshal
				with a statement of compliance prior to the hearing date.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 3 - PARENTAL RESPONSIBILITY › Section 10.25.3.12 - EVIDENCE AND PROOF

Current through Register Vol. 35, No. 13, July 16, 2024
In any hearing under
				  10.25.3.11
				  NMAC, relevant evidence is limited to the accuracy or veracity of the statement
				  of non-compliance. The statement of non-compliance is conclusive evidence
				  requiring the state fire marshal to take the rejection, suspension or
				  revocation action under
				  10.25.3.11
				  NMAC, and is rebuttable only with a subsequent statement of compliance. Upon
				  presentation of the subsequent statement of compliance, the state fire marshal
				  shall dismiss the rejection, suspension or revocation action if it is based
				  solely upon licensee or permittees failure to comply with a judgment and order
				  for support.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 3 - PARENTAL RESPONSIBILITY › Section 10.25.3.13 - ORDER

Current through Register Vol. 35, No. 13, July 16, 2024
When an action to reject an application or suspend or revoke
				  a license or permit is taken by the state fire marshal solely because the
				  applicant, licensee or permittee is not in compliance with a judgment and order
				  for support, the final order shall state that:
A. in application rejection actions, the
				respondent may reapply for a license at any time upon presentation of a
				subsequent statement of compliance filed with the state fire marshal;
B. in suspension actions, the respondent may
				be reinstated for a license at any time upon presentation of a subsequent
				statement of compliance filed with the state fire marshal;
C. in revocation actions, the respondent may
				reapply for a license at any time upon presentation of a subsequent statement
				of compliance filed with the state fire marshal.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 3 - PARENTAL RESPONSIBILITY › Section 10.25.3.14 - PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
Proceedings and administrative hearings held pursuant to this
				  rule shall be governed by Section
				  60-2C-11 NMSA 1978
				  and the New Mexico public regulation commission rules of procedure, 1.2.2
				  NMAC.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 5 - FIRE PREVENTION AND PUBLIC OCCUPANCY › Section 10.25.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. This rule
				establishes the state's minimum requirements that apply to structures,
				processes, premises and safeguards regarding:
(1) the hazard of fire and explosion arising
				from the storage, handling or use of structures, materials or
				devices;
(2) conditions hazardous
				to life, property, or public welfare in the occupancy of structures or
				premises;
(3) fire hazards in the
				structure or on the premises from occupancy or operation;
(4) matters related to the construction,
				extension, repair, alteration, or removal of fire protection systems;
				and
(5) conditions affecting the
				safety of firefighters and emergency responders during emergency
				operations.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 5 - FIRE PREVENTION AND PUBLIC OCCUPANCY › Section 10.25.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  8-8-6,
				  8-8-15,
				  59A-52-15,
				  and
				  59A-52-16
				  NMSA 1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 5 - FIRE PREVENTION AND PUBLIC OCCUPANCY › Section 10.25.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 1, 2022 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 5 - FIRE PREVENTION AND PUBLIC OCCUPANCY › Section 10.25.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to prescribe minimum requirements
				  for the installation, operation and maintenance of fire protection and life
				  safety features in buildings and structures necessary to reasonably protect
				  life and property from the hazards created by fire, explosion, and similar
				  emergencies, and which minimum requirements shall not conflict with the
				  provisions of the Construction Industries Licensing Act.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 5 - FIRE PREVENTION AND PUBLIC OCCUPANCY › Section 10.25.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in 10.25.1 NMAC:
A. "
Authority Having Jurisdiction
				(AHJ)
" means an organization, office, or individual responsible for
				enforcing the minimum requirements of codes, standards and permits for
				approving equipment, materials and installations or a procedure within its
				jurisdiction.
B. "
Certificate
				of Fitness
" means the State Fire Marshall's verification document of a
				fire protection installation, maintenance and inspection company's competence
				in the methods and materials of the specific fire system subject to the permit,
				which is obtained pursuant to 10.25.2 NMAC.
C. "
Fire Code Official
" shall
				have the meaning provided in Section 202 of the IFC.
D. "
Fire Marshal (FM)
" means the
				fire marshal with the authority over permitting and inspections of fire systems
				within a particular political subdivision of the state.
E. "
IFC
" means the New Mexico
				currently adopted international fire code, 2021 edition, published by the
				International Code Council and is available by contacting: Publications, 4051
				West Flossmoor Road, Country Club Hills, IL 60478-5795.
F. "
Life Safety Features
" means
				compliance with NFPA 1 and NFPA 101 for structures built on or before November
				15, 2007, and the NMFC for structures build after November 15, 2007.
G. "
NFPA 1
" means the fire
				prevention code, 1997 edition, published by the National Fire Protection
				Association and available by contacting: Secretary, Standards Council, National
				Fire Protection Association, 1 Battery march Park, Quincy, MA
				02269-9101.
H. "
NFPA
				101
" means the life safety code, 1997 edition, published by the National
				Fire Protection Association and available by contacting: Secretary, Standards
				Council, National Fire Protection Association, 1 Battery march Park, Quincy, MA
				02269-9101.
I. "
New Mexico
				Fire Code (NMFC)
" means the New Mexico fire code created by this rule
				including the IFC currently adopted by the construction industries division of
				the regulation and licensing department in New Mexico by reference.
J. "
State Fire Marshal (SFM)
"
				means the director of the state fire marshal division under the department of
				homeland security and emergency management who has the authority for final
				determination of the application of the fire provisions of this rule throughout
				the state.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 5 - FIRE PREVENTION AND PUBLIC OCCUPANCY › Section 10.25.5.8 - ADOPTION OF NATIONAL STANDARD

Current through Register Vol. 35, No. 13, July 16, 2024
The SFM adopts the IFC which is then incorporated by
				  reference as revised in this rule. In this rule, revisions are numbered to
				  correspond with the section numbering of the IFC and such revisions further
				  amend such sections of the IFC. All references in the IFC to the International
				  Mechanical Code mean the New Mexico Mechanical Code, CID rule 14.9.2 NMAC. All
				  references in the IFC to the International Plumbing Code mean the New Mexico
				  Plumbing Code, CID rule 14.8.2 NMAC. For purposes of this rule, the application
				  of building code section 102.4 of the IFC, 2021 edition, means that the design
				  and construction of new structures shall comply with the currently adopted New
				  Mexico Building Code (NMBC), CID rule 14.7.2 NMAC, and any alterations,
				  additions, changes in use or changes in structures required by the NMFC, and
				  shall be made in accordance with the currently adopted NMBC, CID rule 14.7.2
				  NMAC.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 5 - FIRE PREVENTION AND PUBLIC OCCUPANCY › Section 10.25.5.9 - CHAPTER 1 ADMINISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Section
				101 General.
(1)
Section 101.1
				Title.
Insert in brackets: New Mexico.
(2)
Section 101.2 Scope.
This
				section of the IFC shall not apply.
				10.25.5.2 NMAC
				defines the scope of this rule.
(3)
Section 101.2.1 Appendices.
The SFM adopts appendices D and I. All
				other appendices of the IFC shall not apply except where adopted by the local
				AHJ.
(4)
Sections 101.3
				through 101.5
. See the corresponding sections of the
				IFC.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 5 - FIRE PREVENTION AND PUBLIC OCCUPANCY › Section 10.25.5.10 - CHAPTER 2 DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Definitions defined by the SFM or the NMFC shall apply specifically to the
				enforcement and requirements of 10.25.5 NMAC. Terms not defined in this rule
				but defined in the New Mexico Building Code, CID rule 14.7.2 NMAC, the New
				Mexico Residential Building Code, CID rule 14.7.3 NMAC, the New Mexico Existing
				Building Code, CID rule 14.7.7 NMAC, the New Mexico Mechanical Code, CID rule
				14.9.2 NMAC, the New Mexico Plumbing Code, CID rule 14.8.2 NMAC, the New Mexico
				Electrical Code, CID rule 14.10.4 NMAC, or the National Fire Protection
				Association's (NFPA) NFPA 54 shall have the meanings as ascribed in those
				codes.
B.
Section 202 General
				Definitions.
The definition of "record drawings" is deleted in its
				entirety and replaced with the following language: "record drawings" means
				submittals and amended submittals that document the location of all
				appurtenances of fire protection systems to include any corrections incurred
				during final acceptance.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 5 - FIRE PREVENTION AND PUBLIC OCCUPANCY › Section 10.25.5.11 - CHAPTER 3 GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Section 301.1 Scope.
This section applies as mandated by the local
				AHJ.
B.
Section 301.2
				Permits.
This Section shall apply to the extent mandated by the local
				AHJ.
C.
Section 304.1.2
				Vegetation.
This section applies to the extent mandated by the local
				AHJ.
D.
Section 307 Open
				burning, recreational fires and portable outdoor fireplaces.
This
				section of the IFC applies only and to the extent mandated by the local
				AHJ.
E.
Section 308.1.6.3 Sky
				lanterns.
Add "unless approved by the local AHJ" at the end of
				section.
F.
Section 308.3
				Group A Occupancies Exception #2.
Delete the word "international" and
				replace with the word "New Mexico".
G.
Section 319.2 Permit
				required
. This section applies as mandated by the local AHJ.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 5 - FIRE PREVENTION AND PUBLIC OCCUPANCY › Section 10.25.5.12 - CHAPTER 4 EMERGENCY PLANNING AND PREPAREDNESS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Section 405.3 Frequency.
Add Exception: "E" occupancies shall
				comply with PED rule
				6.29.1.8 NMAC
				emergency drills and practiced evacuations.
B.
Section 405.6 Record keeping.
Item number 7 is deleted and replaced with the following language: "Problems
				encountered and corrective actions for the problems encountered."
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 5 - FIRE PREVENTION AND PUBLIC OCCUPANCY › Section 10.25.5.13 - CHAPTER 6 BUILDING SERVICES AND SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
Amend section 605.9 to add "if required by the fire code
				  official" at the end of the section.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 5 - FIRE PREVENTION AND PUBLIC OCCUPANCY › Section 10.25.5.14 - CHAPTER 9 FIRE PROTECTION SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
Throughout chapter 9, the following shall
				  apply:
A. Delete the term
				"International Mechanical Code" where used in this chapter and replace with the
				term "New Mexico Mechanical Code".
B. Delete the term "International Plumbing
				Code" where used in this chapter and replace with the term "New Mexico Plumbing
				Code".
C.
Section 904.12
				Commercial cooking systems.
The replacement of commercial cooking
				equipment, including but not limited to a stove, hood, deep fryer, grill,
				griddle, or any other device used in the cooking process, shall comply with
				this Section and with the Uniform Mechanical Code as adopted by reference in
				CID rule
				14.9.2.13
				NMAC.
D.
Section 905.3.4.1
				Hose and Cabinet.
Insert the following sentence at the end of this
				section, "Unless required by a fire code official, one and one-half inch hoses
				and hose cabinets are not required for class II and class III standpipe
				systems.
E.
Section 903.3.8.5
				Calculations.
Add "A 10 psi safety factor shall be added to all
				hydraulic calculations as mandated by the AHJ".
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 5 - FIRE PREVENTION AND PUBLIC OCCUPANCY › Section 10.25.5.15 - CHAPTER 10 MEANS OF EGRESS

Current through Register Vol. 35, No. 13, July 16, 2024
See Section 10 of the NMBC, CID rule 14.7.2 NMAC, and IFC
				  section 1032, Maintenance of the Means of Egress.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 5 - FIRE PREVENTION AND PUBLIC OCCUPANCY › Section 10.25.5.16 - CHAPTER 56 EXPLOSIVES AND FIREWORKS

Current through Register Vol. 35, No. 13, July 16, 2024
This chapter of the IFC and 10.25.6 NMAC apply to fireworks.
				  If there is any conflict between this chapter of the IFC and the Fireworks
				  Licensing and Safety Act, Sections
				  60-2C-1
				  through
				  60-2C-11 NMSA
				  1978, the Fireworks Licensing and Safety Act shall control.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 5 - FIRE PREVENTION AND PUBLIC OCCUPANCY › Section 10.25.5.17 - REPEAL OF CODES

Current through Register Vol. 35, No. 13, July 16, 2024
NFPA 1 and NFPA 101 are repealed except as provided in
				  10.25.5.19
				  NMAC.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 5 - FIRE PREVENTION AND PUBLIC OCCUPANCY › Section 10.25.5.18 - APPROVAL OF FIRE PROTECTION SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to beginning construction or occupancy of any building
				  or structure regulated by the currently adopted New Mexico Building Codes and
				  the NMFC, the contractor shall apply for a permit and submit drawings for plan
				  review by the AHJ and approval of the fire protection system from the SFM or
				  FM, as appropriate, of all fire protection system for the building or
				  structure. The review and approval of fire protection systems is in addition to
				  all review required by CID pursuant to Title 14 of the New Mexico
				  administrative code.
A.
Filing
				drawings with the SFM for review.
(1)
Documents required.
The contractor shall submit one set of
				drawings for the building or structure. Submittals shall be in accordance with
				"Plans Submittal Information" obtained via the SFM website and this rule. For
				convenience, a contractor may submit additional sets of drawings and an
				envelope with prepaid postage directly to the SFM for the SFM's use in
				returning the drawings after review. Electronic filing of fire protection plans
				will be accepted via electronic plans review software that is compatible with
				software used by the SFM.
(2)
Where to submit.
The contractor shall submit drawings of the fire
				protection system to the fire code enforcement bureau of the SFM in compliance
				with 10.25.1 NMAC or to an AHJ as required by the AHJ. The SFM shall not accept
				drawings by facsimile transmission.
(3)
Requirements for drawings.
The drawings shall clearly indicate fire protection systems in sufficient
				detail to establish compliance with applicable codes and standards and shall
				include the signature and seal of the licensed professional engineer in
				accordance with the New Mexico Engineering and Surveying Practice Act (found at
				Chapter 61, Article 23 NMSA 1978) that prepared the drawings. Drawings
				submitted shall comply with plans submittal information provided by the SFM on
				its website.
(4)
Fees.
The SFM does not require any fees for review of fire protection
				systems.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 5 - FIRE PREVENTION AND PUBLIC OCCUPANCY › Section 10.25.5.19 - CODE REQUIREMENTS FOR EXISTING BUILDINGS AND STRUCTURES

Current through Register Vol. 35, No. 13, July 16, 2024
For purposes of this section, "constructed" shall mean that
				  the contractor has begun any substantial portion in the design, permitting or
				  building of a building or structure. A change in occupancy requires approval
				  from the appropriate building code official. All new construction, alteration,
				  repair, and additions require adherence to applicable building codes and
				  laws.
A.
Existing buildings and
				structures.
(1) Upon an inspection
				being conducted by the FM, an owner or contractor is not required to renovate
				or adapt an existing building or structure to comply with the currently-adopted
				NMFC, but shall comply with the requirements in place when the existing
				building or structure was constructed. See IFC, Section 104.
(2) Following the adoption of this provision,
				an existing structure or part of a structure that changes its occupancy
				classification, however done, must comply with the currently-adopted
				NMFC.
(3) Following the adoption of
				this provision, an existing fire protection system that is replaced, repaired,
				or altered by the FM, whose classification has not changed, shall comply with
				the currently-adopted NMFC. The system shall comply with the currently-adopted
				New Mexico Existing Building Code.
(4) Fire protection systems constructed prior
				to November 15, 2007, which fall under NFPA 1, 1997 edition, and NFPA 101, 1997
				edition, shall be required to have a permit using the requirements of the
				currently-adopted NMFC, section 105, for the installation of any new, altered,
				remodeled, repaired or partial fire protection system.
(5) Fire protection systems plans which were
				initially submitted to the AHJ for review under the currently-adopted NMFC as
				per the requirements for new construction under Subsection B of 10.25.2.19 NMAC
				will be inspected per the currently-adopted NMFC.