reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 1 - GENERAL PROVISIONS › Section 16.66.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
These rules adopt, as if stated herein, all of the definitions contained in Section 61-24D-2 NMSA 1978.
A.
Definitions beginning with the letter "A":
(1)
"Access panel"
means a panel provided for homeowner inspection and maintenance that has removable or operable fasteners or latch devices in order to be lifted off, swung open, or otherwise removed by one person. Its edges and fasteners are not painted in place. Access panels are limited to those panels within normal reach at human height or from a stepladder, and those which are not blocked by stored items, furniture, or building components.
(2)
"Adverse condition"
means a condition which is producing, or which has the potential to produce, a detrimental effect on a system or component that either impairs the system or component's normally intended function or operation or which is inconsistent with generally established practice(s) regarding the historically or conventionally applied and acknowledged methods of installation, assembly, and operation or use.
(3)
"Alarm"
means a warning device that is either permanently installed or freestanding, including but not limited to smoke detectors and alarms, carbon-monoxide detectors, flue gas and other spillage detectors, security equipment, ejector pumps, and smoke alarms.
(4)
"Ancillary services"
means a service or inspection provided by a licensee or other provider but beyond the scope of the Standards of Practice for Home Inspection provided in 16.66.7 NMAC including but not limited to Mold Inspection, Lead Paint Assessment, Commercial Building Inspection, Pool and Spa Inspection, Termite Inspection, and other Ancillary Services.
(5)
"Appliance"
means a permanently installed household device powered by electricity or gas, but not including central heating, central cooling, or plumbing components.
(6)
"Architectural service"
means any practice involving the art and science of building design for construction of any structure or grouping of structures, and the use of space within and surrounding the structures or the design, design development, preparation of construction contract documents, and administration of the construction contract.
(7)
"Automatic safety controls"
means devices designed and installed to protect systems and components.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 1 - GENERAL PROVISIONS › Section 16.66.1.8 - OFFICES

Current through Register Vol. 35, No. 13, July 16, 2024
The office of the New Mexico home inspectors board will be
				  located in Albuquerque, New Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 1 - GENERAL PROVISIONS › Section 16.66.1.9 - TELEPHONIC MEETING ATTENDANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A board member may participate in a board meeting by means of a conference telephone or similar communications equipment only when it is difficult or impossible for the board member to physically attend the meeting.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 1 - GENERAL PROVISIONS › Section 16.66.1.10 - ADVISORY COMMITTEES

Current through Register Vol. 35, No. 13, July 16, 2024
To assist and advise the board in its functions and mission,
				  the board may, at its discretion, utilize advisory committees consisting of
				  board members, volunteers, or both. Any committee serving the board shall have
				  a purely advisory role and shall not have any policymaking authority of any
				  kind. The board has absolute discretion with respect to the number of
				  individuals who may serve on a committee, provided that in no case shall a
				  quorum of the members of the board serve on a committee. The committees the
				  board may create and utilize include, but are not necessarily limited to, the
				  following:
A. Rules Committee: The
				board may utilize a rules committee to study the board's rules and provide
				nonbinding recommendations as to future changes and improvements.
B. Complaint Committee: The board may utilize
				a complaint committee to review disciplinary complaints against licensees and
				unlicensed practitioners and provide recommendations as to the final
				disposition of those complaints.
C.
				Application Committee: The board may utilize an application committee to review
				applications for licensure and provide recommendations as to whether the board
				should grant or deny those applications;
D. Continuing Education Committee: The board
				may utilize a continuing education committee for the purpose of providing
				nonbinding recommendations as to whether to accept a proposed continuing
				education course towards licensees' continuing education
				requirements.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 1 - GENERAL PROVISIONS › Section 16.66.1.11 - LISTS AND STATEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				board staff shall maintain a list of the names and addresses of all
				licensees.
B. The board staff shall
				maintain a list of all persons whose licenses have been suspended or revoked in
				that particular calendar year.
C.
				The board staff shall maintain a statement of all funds received and a
				statement of all disbursements.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 1 - GENERAL PROVISIONS › Section 16.66.1.12 - SIGNATURES

Current through Register Vol. 35, No. 13, July 16, 2024
A record, contract, or other document requiring a signature
				  from an authorized person on behalf of the board may be signed by the Chair,
				  Vice-Chair, or Board Administrator.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 1 - GENERAL PROVISIONS › Section 16.66.1.13 - RULE IMPLEMENTATION PERIOD

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any individual engaged in the practice of home inspection in New Mexico shall be required to obtain a license issued by the board as a condition of engaging in the future practice of home inspection in New Mexico.
Effective January 15, 2021, any individual engaged in the unlicensed practice of home inspection in New Mexico shall be subject to disciplinary action by the board. The board may also, as it deems appropriate, request the attorney general or district attorney of the judicial district in which the person resides or in which the violation is occurring or has occurred to maintain an action in the name of the state to prosecute the unlicensed practitioner or to enjoin the act or practice.
B. Nothing in this rule permits any person engaged in the practice of home inspection, whether licensed or unlicensed, to violate the code of ethics or standards of conduct as Amended by the board, nor does it permit such a person to violate the Home Inspector Licensing Act. Any action in violation of these rules or the Home Inspector Licensing Act may be considered by the board as part of an individual's application for licensure.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 2 - FEES › Section 16.66.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All licensed home inspectors, license applicants, other
				  agencies, professional associations, and any member of the general public
				  affected by or interested in home inspectors.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 2 - FEES › Section 16.66.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Home Inspector
				  Licensing Act, Sections 61-24D-1 through 16 NMSA 1978 (2019).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 2 - FEES › Section 16.66.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 2 of Chapter 66 is to establish fees to
				  generate revenues necessary for the home inspector licensing board to carry out
				  its administrative functions.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 2 - FEES › Section 16.66.2.8 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
The board shall establish, charge and collect:
A. For each initial application for a home inspector license, a fee of $250;
B. For an initial three-year license, a fee of $1,000.
C. For renewal of a three-year license, a fee of $1,000;
D. For reactivation of an inactive license, a fee of $50;
E. For reactivation of an expired license, a fee of $100;
F. For reinstatement of a suspended or revoked license, a fee of $200;
G. For each duplicate license issued because a license is lost or destroyed, a fee of $50, provided that the licensee shall submit an affidavit attesting to the loss or destruction of the license before the board issues a duplicate license.
H. Administrative Fee for Licensee List, a fee of $100
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 2 - FEES › Section 16.66.2.9 - FEES NON-REFUNDABLE

Current through Register Vol. 35, No. 13, July 16, 2024
Fees paid to the board pursuant to 16.66.2.8 NMAC of the
				  board rules are non-refundable. Requests for refunds or exceptions to this rule
				  shall not be considered by the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 3 - APPLICATIONS AND LICENSES › Section 16.66.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All licensed home inspectors, license applicants, other
				  agencies, professional associations, and any member of the general public
				  affected by or interested in home inspectors.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 3 - APPLICATIONS AND LICENSES › Section 16.66.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Home Inspector
				  Licensing Act, Sections 61-24D-1 through 16 NMSA 1978 (2019).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 3 - APPLICATIONS AND LICENSES › Section 16.66.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 15, 2021, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 3 - APPLICATIONS AND LICENSES › Section 16.66.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 3 of Chapter 66 is to set forth
				  provisions governing applications for licensure as a home inspector and
				  examinations.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 3 - APPLICATIONS AND LICENSES › Section 16.66.3.8 - APPLICATION FOR LICENSURE BY TRAINING AND EXAMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board shall issue a license to an applicant for licensure by training and examination if the applicant fulfills the following requirements and provides the following information and evidence:
(1) Completion of the board-issued application form;
(2) Payment of the non-refundable application fee in full as provided in Part 2;
(3) Provision to the board of the applicant's fingerprints and all information necessary for the board to complete a state and national criminal background check;
(4) Provision to the board of sufficient documentation to establish that the applicant is at least 18 years of age;
(5) Completion of at least 80 hours of classroom training:
(a) The cumulative total of 80 hours of classroom training must include all of the following subjects:
(i) Site characteristics and exterior;
(ii) Structural components;
(iii) Roofing;
(iv) Plumbing;
(v) Electrical;
(vi) Heating, cooling, and air conditioning;
(vii) Interiors, appliances, and garages;
(viii) Insulation and ventilation;
(ix) Fireplaces and fuel burning appliances;
(x) New Mexico standards of practice and code of ethics;
(xi) Business practices, including New Mexico rules and regulations, pre-inspection agreements, and report writing.
(b) All 80 hours of classroom training must be obtained through an educational course that satisfies one of the following criteria:
(i) The course is approved or accepted by another governmental state home inspector licensing authority;
(ii) The course is approved by the United States Department of Education or the New Mexico Department of Education; or
(iii) The course is designated as pre-licensing education and is certified or approved by any society, institute, council, or association of home inspectors;
(c) All 80 hours of classroom training may be completed online;
(6) Passage of a board approved examination.
(7) Completion of a total of at least 80 hours of field training spent conducting a minimum of 30 parallel home inspections, evidenced by documents including, but not necessarily limited to, a completed board-issued inspection log, pre-inspection agreements, notarized affidavits, and other similarly-reliable evidence;
(8) Satisfactory evidence that the applicant has errors and omissions insurance coverage meeting the minimum terms and conditions required by 16.66.9.9 NMAC; and
(9) Satisfactory evidence that the applicant has professional liability insurance coverage meeting the minimum terms and conditions required by 16.66.9.10 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 3 - APPLICATIONS AND LICENSES › Section 16.66.3.9 - APPLICATION FOR LICENSURE BY EXPERIENCE AND EXAMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. An individual is eligible for licensure by experience and examination if the individual satisfies both of the following criteria:
(1) The applicant worked as a home inspector in each of the 24 months immediately preceding January 1, 2020; and
(2) The applicant performed at least 100 home inspections for compensation in the 24 months immediately preceding January 1, 2020.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 3 - APPLICATIONS AND LICENSES › Section 16.66.3.10 - APPLICATION FOR LICENSURE BY CREDENTIALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An applicant who holds a license in good standing to practice as a home inspector in another state may be granted a license by virtue of the applicant's credentials if the applicant's resident state license requirements are the same as or similar to the requirements set forth in the Home Inspector Licensing Act as determined by the board.
B. An applicant applying for licensure on the basis of the applicant's credentials as described in subsection A of this rule shall be required to provide to the board:
(1) Completion of the board-issued application form;
(2) Payment of the non-refundable application fee in full as provided in Part 2;
(3) Provision to the board of the applicant's fingerprints and all information necessary for the board to complete a state and national criminal background check;
(4) Provision to the board of sufficient documentation to establish that the applicant is at least 18 years of age;
(5) A certificate, letter, or other documentation from the licensing authority in the applicant's resident state attesting to the fact that the applicant holds a license in good standing to practice as a home inspector in that state;
(6) Satisfactory evidence that the applicant has errors and omissions insurance coverage meeting the minimum terms and conditions required by 16.66.9.9 NMAC; and
(7) Satisfactory evidence that the applicant has professional liability insurance coverage meeting the minimum terms and conditions required by 16.66.9.10 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 3 - APPLICATIONS AND LICENSES › Section 16.66.3.11 - EXAMINATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Licensure by training and examination: All applicants for licensure by training and examination must pass a board approved examination prior to the date of the applicant's application for licensure.
B. Licensure by experience and examination: All applicants for licensure by experience and examination must pass a board approved examination, subject to the following limitations:
(1) Evidence of the applicant's examination passage must be in writing and written by the organization or entity that administered the examination; and
(2) The examination must have been proctored and the applicant must provide evidence as to this requirement.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 3 - APPLICATIONS AND LICENSES › Section 16.66.3.12 - EXPEDITED LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES, CHILDREN, AND VETERANS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Application requirements:
(1) Applications for licensure shall be completed on a form provided by the Home Inspectors Board.
(2) The applicant shall provide a complete application that includes the following information:
(a) applicant's full name;
(b) current mailing address;
(c) current electronic mail address, if any;
(d) date of birth;
(e) background check, if required; and
(f) proof as described in subsection C below.
(3) The applicant shall provide the following satisfactory evidence as follows:
(a) applicant is currently licensed and in good standing in another jurisdiction, including a branch of the United States armed forces;
(b) applicant has met the minimal licensing requirements in that jurisdiction and the minimal licensing requirements in that jurisdiction are substantially equivalent to the licensing requirements for New Mexico; and
(c) the following documentation:
(i) for military service member: a copy of military orders;
(ii) for spouse of military service members: copy of military service member's military orders, and copy of marriage license;
(iii) for spouses of deceased military service members: copy of decedent's DD 214 and copy of marriage license;
(iv) for dependent children of military service members: a copy of military service member's orders listing dependent child, or a copy of military orders and one of the following: a copy of birth certificate, military service member's federal tax return or other governmental or judicial documentation establishing dependency;
(v) for veterans (retired or separated): a copy of DD 214 showing proof of honorable discharge.
(4) The license shall be issued by the board as soon as practicable but no later than thirty days after a qualified military service member, spouse, dependent child, or veteran files a complete application and provides a background check if required for a license, and any required fees.
(5) Military service members and veterans as defined in Subsection E of Section 61-1-34 NMSA 1978 shall not pay and the board shall not charge a licensing fee for the first three years for a license issued pursuant to this rule.
(6) A license issued pursuant to this section shall be valid for the time period that is specified in the Home Inspectors Licensing Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 3 - APPLICATIONS AND LICENSES › Section 16.66.3.14 - LICENSURE PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon receipt of a completed application, including all required documentation and fees, the Board's application committee, should the Board choose in its discretion to utilize such a committee, may provide a non-binding and purely advisory recommendation as to whether the Board should grant or deny the application.
B. No license may be issued until the applicant has paid the non-refundable initial license fee in full.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 3 - APPLICATIONS AND LICENSES › Section 16.66.3.15 - POTENTIALLY DISQUALIFYING CRIMINAL CONVICTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Convictions for any of the following offenses, or their equivalents in any other jurisdiction, are disqualifying criminal convictions that may disqualify an applicant from receiving or retaining a license issued by the board. This includes conviction of an offense which if committed in this state, would be deemed a felony under either state or federal law, without regard to its designation elsewhere. The term "conviction" shall include a finding or verdict of guilt, a plea of guilty, or a plea of nolo contender in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon or an appeal of the conviction has been sought.
(1) homicide, voluntary or involuntary manslaughter;
(2) trafficking in controlled substances, manufacturing of controlled substances or distribution of controlled substances;
(3) human trafficking, kidnapping, false imprisonment, aggravated assault or aggravated battery;
(4) rape, criminal sexual penetration, criminal sexual contact, incest, indecent exposure, or other related felony sexual offenses;
(5) crimes involving adult abuse, neglect, or financial exploitation;
(6) crimes involving child abuse or neglect;
(7) crimes involving robbery, larceny, extortion, burglary, possession of burglary tools, destruction of property, criminal damage to property, unlawful or dangerous uses of explosives, breaking and entering, arson, making a bomb scare, tampering with evidence or receiving stolen property;
(8) financial crimes involving fraud, forgery, embezzlement, credit card fraud,
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 4 - LICENSE RENEWAL AND REACTIVATIONS › Section 16.66.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All licensed home inspectors, license applicants, other
				  agencies, professional associations, and any member of the general public
				  affected by or interested in home inspectors.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 4 - LICENSE RENEWAL AND REACTIVATIONS › Section 16.66.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Home Inspector
				  Licensing Act, Sections 61-24D-1 through 16 NMSA 1978 (2019).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 4 - LICENSE RENEWAL AND REACTIVATIONS › Section 16.66.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 15, 2021, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 4 - LICENSE RENEWAL AND REACTIVATIONS › Section 16.66.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 4 of Chapter 66 is to set forth
				  provisions governing renewals of home inspector licenses and reactivation of
				  expired and inactive licenses.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 4 - LICENSE RENEWAL AND REACTIVATIONS › Section 16.66.4.8 - LICENSE RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. An initial home inspector license shall be valid for three years. Once renewed, all licenses shall be for a duration of three years.
B. Renewal Date: A licensee may apply for renewal of the licensee's license no later than the date specified as the expiration date on the applicant's license.
C. A licensee seeking the renewal of the license shall provide to the board in accordance with the deadlines specified in this rule:
(1) A completed renewal application;
(2) Payment of the non-refundable renewal fee in full as provided in Part 2;
(3) Proof of completion of required continuing education as provided in Part 5;
(4) Satisfactory evidence that the licensee has errors and omissions insurance coverage and professional liability insurance coverage meeting the minimum terms and conditions required by 16.66.9 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 4 - LICENSE RENEWAL AND REACTIVATIONS › Section 16.66.4.9 - INACTIVE STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				license in good standing may, upon written request to the board by the
				licensee, be placed on inactive status prior to its expiration.
B. A licensee possessing an inactive license
				may not engage in the practice of home inspection in the State of New
				Mexico.
C. A license may remain on
				inactive status indefinitely.
D. A
				licensee must renew an inactive license no later than the expiration date
				specified on the license. A licensee seeking to renew an inactive license must
				complete all continuing education as would a full licensee as provided in Part
				5 of these rules.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 4 - LICENSE RENEWAL AND REACTIVATIONS › Section 16.66.4.10 - EXPIRED LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Former licensees may reactivate an expired license within 90 days of
				expiration. A licensee who fails to reactivate an expired license within 90
				days of expiration must, to obtain licensure, reapply as a new applicant for
				licensure.
B. For the purposes of
				this rule, expired licenses include those that have expired after being placed
				on inactive status by the former licensee.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 4 - LICENSE RENEWAL AND REACTIVATIONS › Section 16.66.4.11 - REACTIVATION OF EXPIRED OR INACTIVE LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
Former licensees may reactivate an expired or inactive license within the deadlines provided in these rules. A former licensee seeking the reactivation of an expired or inactive license shall provide to the board in accordance with the deadlines specified in these rules:
A. A completed renewal application;
B. Payment of the non-refundable renewal fee in full as provided in Part 2;
C. Payment of the expired license reactivation fee in full as provided in Part 2;
D. Proof of completion of all required continuing education;
E. Satisfactory evidence that the licensee has errors and omissions insurance coverage and professional liability insurance coverage meeting the minimum terms and conditions required by 16.66.9 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 5 - CONTINUING EDUCATION › Section 16.66.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All licensed home inspectors, license applicants, other
				  agencies, professional associations, and any member of the general public
				  affected by or interested in home inspectors.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 5 - CONTINUING EDUCATION › Section 16.66.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Home Inspector
				  Licensing Act, Sections 61-24D-1 through 16 NMSA 1978 (2019).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 5 - CONTINUING EDUCATION › Section 16.66.5.8 - CONTINUING EDUCATION

Current through Register Vol. 35, No. 13, July 16, 2024
As provided by the Home Inspector Licensing Act, all home inspectors shall be required to satisfy continuing education requirements in the interest of ensuring the highest quality professional services.
A. As a condition of license renewal, a home inspector licensee shall complete at least 60 hours of board-approved continuing education instruction that is related to the practice of home inspection during each three-year license period as outlined in 16.66.4.8 NMAC. This includes licensees holding initial licenses.
B. At least six hours of continuing education instruction during each three-year license period must be in ethics.
C. A licensee may take continuing education instruction online.
D. Initial licenses of a duration of less than three years: Those licensees possessing initial licenses of a duration of one or two years shall complete a pro-rated amount of continuing education as follows:
(1) For licensees possessing an initial one year license, 20 hours of board-approved continuing education instruction that is related to the practice of home inspection, including at least two hours of ethics;
(2) For licensees possessing an initial two year license, 40 hours of board-approved continuing education instruction that is related to the practice of home inspection, including at least four hours of ethics.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 5 - CONTINUING EDUCATION › Section 16.66.5.9 - APPROVAL OF CONTINUING EDUCATION HOURS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The Board shall automatically accept any
				educational course towards a licensee's continuing education requirements if
				the course satisfies one of the following criteria:
(1) The course is approved or accepted by
				another governmental state home inspector licensing authority;
(2) The course is approved by the United
				States Department of Education or the New Mexico Department of Education;
				or
(3) The course is certified or
				approved by any society, institute, council, or association of home
				inspectors.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 5 - CONTINUING EDUCATION › Section 16.66.5.10 - CONTINUING EDUCATION AUDITS

Current through Register Vol. 35, No. 13, July 16, 2024
The board shall audit ten percent of renewal applications each year, selected anonymously and at random, to verify completion of continuing education.
A. If a notice of audit is received, the licensee must submit evidence of continuing education hours earned during the current renewal cycle to the board as required in the Home Inspector Licensing Act and the board's rules.
B. All licensees as a condition of renewal, attest to the completion of the required hours of continuing education. The licensee shall, throughout the period of each license, retain all documentation of continuing education attendance for the previous cycle of licensure.
C. The board may audit any licensee's continuing education attendance upon notification to the licensee.
D. Failure to comply with a notice of audit or submit evidence of continuing education hours earned during the current renewal cycle may result in disciplinary action by the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 6 - CODE OF ETHICS › Section 16.66.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All licensed home inspectors, license applicants, other
				  agencies, professional associations, and any member of the general public
				  affected by or interested in home inspectors.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 6 - CODE OF ETHICS › Section 16.66.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Home Inspector
				  Licensing Act, Sections 61-24D-1 through 16 NMSA 1978 (2019).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 6 - CODE OF ETHICS › Section 16.66.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 6 of Chapter 66 is to set forth a code
				  of ethics governing the professional obligations of all home inspector
				  licensees.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 6 - CODE OF ETHICS › Section 16.66.6.8 - CODE OF ETHICS

Current through Register Vol. 35, No. 13, July 16, 2024
All licensed home inspectors in New Mexico shall abide at
				  all times by the Code of Ethics contained in this part.
A. This Code of Ethics rests on the
				fundamental principles of integrity, honesty, and objectivity. All provisions
				contained herein shall be interpreted at all times in the light of these
				principles which govern the New Mexico home inspection industry.
B. All licensees shall comply with this Code
				of Ethics, shall avoid association with any enterprise whose practices violate
				this Code of Ethics, and shall strive to uphold, maintain, and improve the
				integrity, reputation, and practice of home inspection.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 6 - CODE OF ETHICS › Section 16.66.6.9 - CONFLICTS OF INTEREST

Current through Register Vol. 35, No. 13, July 16, 2024
A licensee shall avoid conflicts of interest or activities
				  that compromise, or appear to compromise, professional independence,
				  objectivity, or inspection integrity. To that end, a licensee shall not:
A. Inspect a property for compensation in
				which the licensee has, or expects to have, a financial interest;
B. Inspect a property under a contingent
				arrangement whereby any compensation or future referral is dependent on
				reported findings or on the sale of the property;
C. Directly or indirectly compensate realty
				agents, or other parties having a financial interest in closing or settlement
				of real estate transactions, for the referral of inspections or for inclusion
				on a list of recommended inspectors, preferred providers, or similar
				arrangements;
D. Receive
				compensation for an inspection from more than one party unless the client
				consents in writing to the compensation arrangement;
E. Accept compensation, directly or
				indirectly, for recommending contractors, services, or products to clients or
				other parties having an interest in an inspected property; or
F. Perform, or offer to perform, for an
				additional fee any repair to a structure on which the home inspector or the
				home inspector's company has prepared a report at any time during the twelve
				months immediately prior to the repair or offer to repair.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 6 - CODE OF ETHICS › Section 16.66.6.10 - GOOD FAITH

Current through Register Vol. 35, No. 13, July 16, 2024
A licensee shall act in good faith toward each client and
				  other interested parties.
A. A
				licensee shall perform services and express opinions based on genuine
				conviction and only within the licensee's areas of education, training, or
				experience.
B. A licensee shall be
				objective in reporting and not knowingly understating or overstating the
				significance of reported adverse conditions.
C. A licensee shall not release any
				information about an inspection or a client to a third party unless doing so is
				necessary to protect the safety of others, to comply with a law or statute, or
				unless the client has provided intelligent, informed, and written consent to
				the home inspector for the release of the information.
D. A licensee shall be honest in all business
				dealings and professional conduct.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 6 - CODE OF ETHICS › Section 16.66.6.11 - CONFIDENCE IN THE PROFESSION

Current through Register Vol. 35, No. 13, July 16, 2024
A licensee shall avoid activities that may harm the public,
				  bring disrepute upon the licensee, or reduce public confidence in the
				  profession of home inspection.
A. A
				licensee shall comply with all applicable federal, state, and local laws and
				regulations, including but not limited to the Home Inspector Licensing
				Act.
B. Advertising, marketing, and
				promotion of a licensee's services or qualifications shall not be fraudulent,
				false, deceptive, or misleading.
C.
				A licensee shall report a violation of this Code of Ethics to the
				Board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 7 - STANDARDS OF PRACTICE › Section 16.66.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All licensed home inspectors, license applicants, other
				  agencies, professional associations, and any member of the general public
				  affected by or interested in home inspectors.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 7 - STANDARDS OF PRACTICE › Section 16.66.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Home Inspector
				  Licensing Act, Sections 61-24D-1 through 16 NMSA 1978 (2019).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 7 - STANDARDS OF PRACTICE › Section 16.66.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 15, 2021, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 7 - STANDARDS OF PRACTICE › Section 16.66.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 7 of Chapter 66 is to set forth
				  minimum and uniform standards of practice governing all home inspector
				  licensees.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 7 - STANDARDS OF PRACTICE › Section 16.66.7.8 - STANDARDS OF PRACTICE

Current through Register Vol. 35, No. 13, July 16, 2024
This Part sets forth the minimum and uniform standards of
				  practice applicable to all New Mexico home inspector
				  licensees.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 7 - STANDARDS OF PRACTICE › Section 16.66.7.9 - HOME INSPECTIONS DO NOT DETERMINE CONFORMITY WITH STATE AND LOCAL BUILDING CODE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A licensee shall not, as part of a home inspection, determine
				  whether the home or components and/or systems of the home that have been
				  inspected conform to local or state building code requirements. A home
				  inspection report shall not contain a determination of whether the home or
				  components and/or systems of the home that have been inspected conform to local
				  or state building code requirements.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 7 - STANDARDS OF PRACTICE › Section 16.66.7.10 - PRE-INSPECTION AGREEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to the commencement of any home inspection, a licensee
				  shall enter into a pre-inspection agreement with the client. Any pre-inspection
				  agreement must contain, at a minimum, all of the following:
A. The date and time of the
				inspection;
B. The name and license
				number of the licensee home inspector who will be conducting the home
				inspection;
C. The compensation fee
				and terms of payment for services;
D. A statement that the inspection shall be
				performed in accordance with the Board's rules and standards of
				practice;
E. A statement
				summarizing the scope of work to be performed by the licensee, provided that
				this scope of work may be modified by subsequent written agreement executed by
				the licensee and client prior to commencement of the home inspection;
F. The date upon which the licensee shall
				deliver the home inspection report to the client;
G. The following statement, in its entirety
				and in all capital letters: "THE HOME INSPECTOR WILL NOT DETERMINE AND THE
				REPORT PROVIDED UPON COMPLETION OF THE HOME INSPECTION WILL NOT CONTAIN A
				DETERMINATION OF WHETHER THE HOME OR COMPONENTS AND/OR SYSTEMS OF THE HOME THAT
				HAVE BEEN INSPECTED CONFORM TO LOCAL OR STATE BUILDING CODE
				REQUIREMENTS.".
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 7 - STANDARDS OF PRACTICE › Section 16.66.7.11 - HOME INSPECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The licensee shall, as part of any home inspection, inspect
				  all of the readily accessible and permanently installed systems and components
				  listed in 16.66.7.12 NMAC, 16.66.7.13 NMAC, 16.66.7.14 NMAC, 16.66.7.15 NMAC,
				  16.66.7.16 NMAC, 16.66.7.17 NMAC, 16.66.7.18 NMAC, 16.66.7.19 NMAC, 16.66.7.20
				  NMAC, 16.66.7.21 NMAC, 16.66.7.22 NMAC, and 16.66.7.23 NMAC.
A. Home inspections must be conducted by a
				licensee. A trainee may conduct parallel inspections and write portions of a
				home inspection report alongside and under the supervision of a licensee,
				provided that the licensee shall be responsible for compliance with these rules
				and regulations in all circumstances. Only a licensee may sign a home
				inspection report. Office staff may conduct scheduling and bookkeeping
				functions without a license.
B.
				Recommendations: Any decision to seek repair, further evaluation, or cost
				estimates for repair of any reported adverse condition observed and described
				in a home inspection report is reserved to the parties to the contract for sale
				and purchase of the home. All such repairs, evaluations, and cost estimates
				must be provided by a qualified and, if required, licensed contractor and may
				include tests, measurements, and adjustments outside of the scope of a normal
				home inspection and may lead to the discovery of additional adverse conditions
				which may have additional repair costs that may not have been obvious to the
				home inspector. Any individual engaged in construction or a trade related to
				contracting or making code determinations in New Mexico must be licensed by the
				appropriate state agency, if required.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 7 - STANDARDS OF PRACTICE › Section 16.66.7.12 - SITE CHARACTERISTICS AND EXTERIOR

Current through Register Vol. 35, No. 13, July 16, 2024
A. The licensee shall inspect:
(1) Wall cladding materials, flashing, and
				trim;
(2) eaves, soffits, and
				fascia where accessible and observable from the ground level;
(3) exterior doors and windows;
(4) attached and adjacent decks, balconies,
				stairs, steps, stoops, stairways, and porches and the associated railings,
				guards, and handrails;
(5)
				vegetation, grading, surface drainage, and retaining structures that, as
				determined by the licensee, adversely affect the building;
(6) attached and adjacent walkways and
				exterior stoops, landings, and patios;
(7) adjacent driveways and other paved,
				masonry, or hardscape areas;
(8)
				attached portals and ramadas;
(9)
				garages and carports.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 7 - STANDARDS OF PRACTICE › Section 16.66.7.13 - STRUCTURAL COMPONENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				licensee shall inspect all structural components, including but not limited to
				foundation and framing.
B. In the
				home inspection report, the licensee shall describe at least the following:
(1) Methods used to inspect basements,
				underfloor crawlspaces and attics;
(2) foundation;
(3) floor structures;
(4) wall structures;
(5) ceiling structures; and
(6) roof structures.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 7 - STANDARDS OF PRACTICE › Section 16.66.7.14 - ROOFING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The licensee
				shall inspect:
(1) Roofing covering
				materials;
(2) roof drainage
				systems;
(3) flashing;
(4) skylights, chimneys, and roof
				penetrations.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 7 - STANDARDS OF PRACTICE › Section 16.66.7.15 - PLUMBING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The licensee
				shall inspect:
(1) Interior water supply and
				distribution systems, including fixtures and fixture trim components (faucets,
				valves, drain stops, shower arms and showerheads, flush handles,
				etc.);
(2) interior drain, waste,
				and venting systems, including fixtures;
(3) domestic potable water heating equipment
				and hot water distribution systems;
(4) vent systems, flues, and
				chimneys;
(5) fuel storage and fuel
				distribution systems;
(6) sewage
				ejectors, sump pumps, and related piping; and
(7) functional flow at each fixture
				group.