reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 5 - FIRE PREVENTION AND PUBLIC OCCUPANCY › Section 10.25.5.20 - CHAPTER 23 MOTOR FUEL-DISPENSING FACILITIES AND REPAIR GARAGES

Current through Register Vol. 35, No. 13, July 16, 2024
Section 2311.2.3 applies as mandated by the local AHJ.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 6 - SAFE HANDLING AND SALE OF FIREWORKS › Section 10.25.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all persons applying for licenses or
				  permits to sell fireworks in New Mexico and to all persons applying for
				  certification as fireworks safety inspectors. It does not apply to local
				  governing bodies for display fireworks.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 6 - SAFE HANDLING AND SALE OF FIREWORKS › Section 10.25.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  8-8-6,
				  8-8-15,
				  59A-52-15,
				  and
				  60-2C-3
				  NMSA 1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 6 - SAFE HANDLING AND SALE OF FIREWORKS › Section 10.25.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 15, 2007, 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 6 - SAFE HANDLING AND SALE OF FIREWORKS › Section 10.25.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to implement the Fireworks
				  Licensing and Safety Act, Chapter 60, Article 2C NMSA 1978, so as to increase
				  the observance of safety precautions in handling fireworks and decrease the
				  number of fireworks related accidents in New Mexico.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 6 - SAFE HANDLING AND SALE OF FIREWORKS › Section 10.25.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
See the definitions in
				  10.25.1.7
				  NMAC.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 6 - SAFE HANDLING AND SALE OF FIREWORKS › Section 10.25.6.8 - LICENSES AND PERMITS FOR SALE OF FIREWORKS

Current through Register Vol. 35, No. 13, July 16, 2024
The fire marshal issues licenses and permits as provided in
				  Section
				  60-2C-4
				  NMSA 1978. Local governing bodies may have additional requirements for
				  fireworks sale or use.
A.
Application procedures and forms.
Any person may apply for a
				license or permit to sell fireworks as provided in Section
				60-2C-4
				NMSA 1978 by submitting a required application to the fire marshal as provided
				in
				10.25.1.9
				NMAC. The following information shall be included in each application for a
				permit or license involving fireworks:
(1)
				the applicant's name and mailing address;
(2) the applicant's telephone number and
				social security number;
(3) any
				company or corporate name or name the applicant is using for business
				purposes;
(4) the type of permit or
				license requested;
(5) the physical
				address where applicant will sell fireworks and a description of the type of
				structure in which applicant proposes to sell fireworks;
(6) name and phone number of a contact person
				at the location where applicant proposes to sell fireworks;
(7) the name and address of applicant's
				primary supplier of fireworks; and
(8) the following statement: "All information
				provided on and with this form is true and correct to the best of my knowledge
				and belief. I have read, reviewed and understand the New Mexico laws and rules
				regarding safe packaging, handling and sale of fireworks. I agree to fully
				comply with these laws and rules as a condition of obtaining and operating
				pursuant to a fireworks license or permit. I understand that the approval of
				this application depends upon compliance with Sections
				60-2C-1
				through
				60-2C-11 NMSA 1978
				of the Fireworks Licensing and Safety Act. In the event that my license or
				permit is lost or destroyed, I understand that I shall immediately notify the
				Fire Marshal's office and that I am not entitled to a refund of the original
				application fees, but must submit a new application and pay a $20.00
				replacement fee for the type of license or permit required for that location. I
				understand that Section
				60-2C-4
				NMSA 1978 does not permit the fire marshal to process applications for a
				license or permit during any holiday selling periods";
(9) each application shall contain the date
				and notarized signature of the applicant; and
(10) an applicant shall submit fees required
				by Section
				60-2C-4
				NMSA 1978 with each application following the provisions of
				10.25.1.13
				NMAC.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 6 - SAFE HANDLING AND SALE OF FIREWORKS › Section 10.25.6.9 - FIREWORKS SAFETY INSPECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Who may conduct inspections.
Fireworks safety inspectors with authority to conduct inspections are:
(1) the state fire marshal and his
				staff;
(2) any person appointed by
				the state fire marshal; and
(3) any
				person authorized by an AHJ.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 6 - SAFE HANDLING AND SALE OF FIREWORKS › Section 10.25.6.10 - CITATIONS FOR FIREWORKS SAFETY VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A commissioned law enforcement officer
				shall issue a citation to or file charges in magistrate or municipal court
				against any person who violates any provision of the Fireworks Licensing and
				Safety Act or this rule.
B. Within
				five days of issuing a citation or filing charges, a law enforcement officer
				shall submit a detailed written report to the fire marshal describing the
				incident and violation.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 6 - SAFE HANDLING AND SALE OF FIREWORKS › Section 10.25.6.11 - CONFISCATION OF FIREWORKS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				fireworks safety inspector may confiscate fireworks for either of the following
				reasons:
(1) the fireworks are not
				permissible fireworks enumerated in Section
				60-2C-7
				NMSA 1978; or
(2) the person
				selling the fireworks does not have an appropriate license or permit.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 6 - SAFE HANDLING AND SALE OF FIREWORKS › Section 10.25.6.12 - REQUIRED SAFETY PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Tents and mobile structures used for the
				sale of fireworks shall comply with these rules, which adopt and incorporate by
				reference the IFC.
B. Licensees and
				permittees shall:
(1) maintain fire
				extinguishers at all sale locations in accordance with these rules, which adopt
				and incorporate by reference the IFC;
(2) train their employees in the proper use
				of fire extinguishers;
(3) exhibit
				the proper use of fire extinguishers when so requested by the AHJ during an
				inspection; and
(4) provide at
				least one method of fire alarm and emergency communication that is approved by
				the AHJ in each tent or other permanent or temporary structure used for selling
				fireworks.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 10 - FIRE PROTECTION FUND › Section 10.25.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all counties, municipalities, and any
				  governmental entity, under law, that receive fire protection fund
				  money.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 10 - FIRE PROTECTION FUND › Section 10.25.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 15, 2013, 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 10 - FIRE PROTECTION FUND › Section 10.25.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to clarify the requirements under
				  which fire departments are funded and to specify the items and services that
				  can be procured for use in the operations, maintenance and betterment of local
				  fire departments with the intention of reducing losses by fire and reducing
				  fire insurance rates, as well as to ensure that all firefighters within New
				  Mexico have the basic skills and knowledge required to perform as team members
				  of a fire department during emergency operations.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 10 - FIRE PROTECTION FUND › Section 10.25.10.8 - APPLICATION REQUIREMENTS TO PARTICIPATE IN DISTRIBUTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Every local government that desires to
				have a fire department(s) participate in the distribution of the fire
				protection fund shall file a complete application on a form prescribed by the
				fire marshal. This form shall include information necessary to determine the
				funding needs of the fire department for the following state fiscal
				year.
B. The application for fire
				protection funds shall be received in the office of the fire marshal on or
				before the 30th day of April each year.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 10 - FIRE PROTECTION FUND › Section 10.25.10.9 - ACCUMULATION OF FUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. FPF
				funds cannot be accumulated when the money is not required to accomplish the
				purpose of the Fire Protection Fund Act or any associated rules promulgated by
				the fire marshal.
B. FPF funds may
				be rolled over to subsequent fiscal years for the purposes of accumulating
				money to procure items or services for use in the operation, maintenance and
				betterment of the fire department. A request for authorization to rollover and
				accumulate FPF funds shall accompany the application to participate in
				distribution. The request must include a detailed description of the intended
				use of the accumulated money.
C. If
				the item to be purchased requires rollover and accumulation of FPF funds for
				more than one-year, only one request and subsequent authorization to accumulate
				funds is needed. If the item to be purchased changes, a new request for
				authorization to rollover and accumulate FPF funds shall be submitted to the
				fire marshal.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 10 - FIRE PROTECTION FUND › Section 10.25.10.10 - PERIODIC REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Each fire department shall complete a monthly fire report utilizing the
				national fire incident reporting system. This report shall be filed with the
				state fire marshal's office by the 10th day of each month following the month
				for which the report is prepared, (e.g., the report for January is due by
				February 10th). Each fire department shall identify and file with the fire
				marshal's office, as a minimum, one representative responsible to comply with
				the reporting requirements.
B. Each
				fire department receiving FPF funds shall submit any other reports the fire
				marshal shall, from time to time, require and deem necessary.
C. Each fire department receiving FPF funds
				shall cooperate during any inspection deemed necessary by the fire
				marshal.
D. Each local government
				that receives FPF funds shall have in place an accounting system that clearly
				delineates FPF transactions and, upon request by the fire marshal, make
				available all records regarding FPF transactions.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 10 - FIRE PROTECTION FUND › Section 10.25.10.12 - ISO CLASS 10 DEPARTMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				All Class 10 departments shall have three years from the date of certification
				as a fire department or from the effective date of this rule (whichever is
				longer) to achieve Class 9 or better.
B. Class 10 departments may submit a written
				request to the fire marshal for extension if Class 9 has not been obtained. The
				request shall identify why Class 9 has not been achieved and include a
				comprehensive plan that details how these deficiencies shall be
				corrected.
C. Departments that fail
				to achieve a Class 9 or better within three years, and that do not receive an
				extension, shall be inspected to determine their operational/functional status.
				Departments determined to be non-operational by the fire marshal shall be
				subject to closure in accordance with Section 59A-53-14 NMSA 1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 10 - FIRE PROTECTION FUND › Section 10.25.10.13 - ESTABLISHMENT OF MAIN STATION AND SUBSTATION FOR FUNDING PURPOSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. All stations
				shall have a name or numerical designation. (example: Washington Street Station
				or XYZ Fire Department Station No. 2).
B. Existing main and substations shall meet
				the following requirements:
(1) be a
				sufficient distance from other stations to reasonably effect response time or
				ISO classification for a given population, or be located in an area that
				historically has had periods where accessibility to the area from other
				stations has been limited due to man made obstacles, geographical constraints,
				or acts of nature (example: river, railroad tracks, etc.);
(2) be owned or leased to the local
				government. FPF money cannot be used to pay for additions to or major
				reconstruction of a leased building; departments shall have three years from
				the date of certification as a fire department or from the effective date of
				this document (whichever is longer) to have established a main station that is
				either leased to or owned by the local government; departments may submit a
				written request to the fire marshal for extension of the three years; the
				request shall identify why the extension is needed and include a comprehensive
				plan that details how and when this requirement shall be met;
(3) provide apparatus with adequate
				protection, within reasonable expectation from elements, preventing possible
				damage to any components of the apparatus;
(4) house at least one operational apparatus
				that meets the general criteria for an initial attack or pumper apparatus; a
				waiver may be granted by the fire marshal for an apparatus not meeting this
				requirement.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 10 - FIRE PROTECTION FUND › Section 10.25.10.14 - RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
SFMO
(1) NMFTA shall publish or adopt
				all performance evaluations required under this rule in the form of position
				task books (PTBs). The NMFTA shall use NFPA standards, other national
				standards, or nationally accepted training curriculum as the basis for PTBs.
				The NMFTA shall develop and offer performance-based courses that fulfill the
				requirements of a PTB.
(2) Trainees
				who successfully complete the NMFTA training program that was established to
				fulfill a PTB requirement shall be certified as having passed the written and
				manipulative examination for that position by the NMFTA. Depending on the
				training program, certification by NMFTA may be accomplished by one or more of
				the following:
(a) attending NMFTA campus
				course and successfully completing the written and manipulative
				examination(s);
(b) attending an
				NMFTA filed (adjunct) course and successfully completing the written and
				manipulative examinations(s);
(c)
				successful completion of the written and manipulative examination(s) for a
				given course (i.e., challenge the course).
(3) Certification by NMFTA is not mandatory.
				The intent of NMFTA certification is to provide assurance to local government
				that a fire department member has been evaluated and has demonstrated the
				knowledge and skills necessary to function in the position identified in a
				given PTB.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 10 - FIRE PROTECTION FUND › Section 10.25.10.15 - PURCHASE OF EQUIPMENT AND SUPPLIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Training and equipment needed to support
				the fire department's ability to suppress structure fires shall be the first
				priority when expending FPF funds. Departments that are not adequately trained
				or equipped to conduct structural firefighting shall only expend FPF monies on
				equipment and training directly related to structural firefighting. Exceptions
				to these rules shall be requested in writing to the fire marshal and shall
				receive authorization by the fire marshal prior to any expenditure.
B. Factors that shall be utilized to
				determine if a fire department has the ability to conduct structural
				firefighting are as follows:
(1) shall have
				and be able to sustain and ISO classification of nine or better, and;
(2) shall meet the criteria of
				operational/functional status as defined in the rule.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 10 - FIRE PROTECTION FUND › Section 10.25.10.16 - PURCHASE OF AUTOMOTIVE APPARATUS

Current through Register Vol. 35, No. 13, July 16, 2024
All vehicles purchased with FPF funds shall meet the
				  following requirements:
A. new vehicle
				specifications for bid shall be submitted to the fire marshal and shall be
				approved by the fire marshal prior to advertising for bids;
B. a detailed description of used vehicles
				shall be submitted to the fire marshal and shall be approved prior to expending
				or committing FPF funds;
C. all new
				apparatus shall meet the general requirements established under the appropriate
				NFPA standard or nationally accepted practices if applicable, and shall be
				designed to meet the operational requirements of the department; if assistance
				is needed in determining what would be appropriate to meet the potential fire
				flow requirements for the department's response area, a department may submit
				the following information to the fire marshal:
(1) a description of the water supply
				source(s) (example: hydrants, cisterns, river, overhead tank, etc.);
(2) a description of how the water supply
				shall be delivered to the apparatus (example: short lay of five-inch supply
				line from hydrants, long lay of five-inch supply line from relay pumper, tanker
				shuttle, etc.); and
(3) a list
				containing the five highest commercial fire flow requirements within the
				response area (identify how this determination was made, example: taken from
				ISO batch report, used NFPA 1142, etc.); if unable to determine fire flow
				requirements, describe what each building is being used for (occupancy class),
				what each building is built of (construction classification), and square
				footage and height;
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 10 - FIRE PROTECTION FUND › Section 10.25.10.17 - COMPLIANCE WITH PROCUREMENT CODE REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
All purchases shall be made by the designated purchasing
				  officer in compliance with the provisions and requirements of the New Mexico
				  procurement code.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 10 - FIRE PROTECTION FUND › Section 10.25.10.18 - EQUIPMENT INVENTORY

Current through Register Vol. 35, No. 13, July 16, 2024
All fire departments shall maintain an equipment inventory
				  list. All single items purchased with FPF monies costing two hundred and fifty
				  dollars ($250) or more shall be listed on the fire department's inventory list.
				  A physical inventory of such items shall be conducted no less than annually. A
				  copy of the inventory shall be maintained at the main
				  station(s).
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 12 - INSPECTION OF FIRE AND SMOKE DAMPERS › Section 10.25.12.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule requires the inspection and testing of mechanical
				  fire and smoke dampers and smoke control systems in places of assembly,
				  educational occupancies, institutional occupancies, residential occupancies
				  consisting of four or more family units, mercantile occupancies, industrial
				  occupancies, storage occupancies, and miscellaneous structures consisting of
				  towers, underground structures and windowless buildings and all buildings owned
				  or occupied by the state or any political subdivision thereof or by municipal
				  governments. It also sets the minimum qualifications for the inspection and
				  testing of fire and smoke dampers and some control systems.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 12 - INSPECTION OF FIRE AND SMOKE DAMPERS › Section 10.25.12.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  59A-52-15.1
				  NMSA 1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 12 - INSPECTION OF FIRE AND SMOKE DAMPERS › Section 10.25.12.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
Unless a later date is otherwise provided by law or in the
				  rule, the effective date of this rule shall be the date of publication in the
				  New Mexico register.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 12 - INSPECTION OF FIRE AND SMOKE DAMPERS › Section 10.25.12.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to protect the safety and welfare
				  of New Mexicans by providing inspection and testing in accordance with national
				  fire protection association standards.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 12 - INSPECTION OF FIRE AND SMOKE DAMPERS › Section 10.25.12.8 - CERTIFICATE OF FITNESS FOR INSPECTORS AND TESTERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The state fire marshal or its designee
				shall issue a certificate of fitness for the inspection and testing of fire and
				smoke dampers to persons fulfilling all requirements. pursuant to
				10.25.2.8
				and
				10.25.2.9
				NMAC.
B. For inspectors and testers
				other than the state or a political subdivision of the state with a fire and
				life safety enforcement program, the certificate of fitness application shall
				include verification of the applicant's fire life safety certification from an
				American national standards institute's accredited program in addition to all
				other requirements listed herein.
C. for certification to inspect and test fire
				and smoke dampers, an application shall include:
(1) 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).
(2) 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.
(3) for fire and smoke
				dampers with both mechanical and electrical components, the applicant
				inspecting the mechanical components shall provide documentation pursuant to
				(1) of this section and the applicant inspecting the electrical components
				shall provide documentation pursuant to (2) of this section.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 25 - STATE FIRE MARSHAL › Part 12 - INSPECTION OF FIRE AND SMOKE DAMPERS › Section 10.25.12.9 - REQUIRED INSPECTION AND TESTING OF FIRE AND SMOKE DAMPERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Inspections
. The inspection and testing of fire and smoke dampers
				and smoke control systems shall be required in accordance with national fire
				protection association standards in places of assembly, educational
				occupancies, institutional occupancies, residential occupancies consisting of
				four or more family units, mercantile occupancies, industrial occupancies,
				storage occupancies, and miscellaneous structures consisting of towers,
				underground structures and windowless buildings and all buildings owned or
				occupied by the state or any political subdivision thereof or by municipal
				governments.
B.
Findings.
The person conducting the inspection or test shall
				submit findings of noncompliance to the owners of the public occupancy and to
				the state fire marshal.
C.
Inspector Qualifications.
The inspection and testing of fire and
				smoke dampers and smoke control systems shall be conducted by qualified
				individuals pursuant to 10.25.12.8 NMAC.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 29 - LAW ENFORCEMENT ACADEMY › Part 1 - GENERAL PROVISIONS › Section 10.29.1.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Department of Public Safety, New Mexico Law Enforcement
				  Academy, 4491 Cerrillos Road, Santa Fe, New Mexico 87507
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 29 - LAW ENFORCEMENT ACADEMY › Part 1 - GENERAL PROVISIONS › Section 10.29.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  29-7-3
				  NMSA 1978, (Repl. Pamp. 1994), Section
				  29-7-4
				  NMSA 1978, (Repl. Pamp. 1994), Section
				  29-7-5
				  NMSA 1978, (Repl. Pamp. 1994), Section
				  10-15-1
				  NMSA 1978, (Repl. Pamp. 1995), Section
				  29-7-6
				  NMSA 1978, (Repl. Pamp. 1994), Section
				  29-7-13
				  NMSA 1978, (Repl. Pamp. 1994), Section
				  40-5A-1 to
				  40-5A-13
				  NMSA 1978, (Cum. Supp. 1996).
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 29 - LAW ENFORCEMENT ACADEMY › Part 1 - GENERAL PROVISIONS › Section 10.29.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 15, 2016, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 29 - LAW ENFORCEMENT ACADEMY › Part 1 - GENERAL PROVISIONS › Section 10.29.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 1 is to establish procedures and
				  policies for conducting meetings of the law enforcement academy board,
				  establish criteria for admission to the law enforcement academy consistent with
				  statutory requirements for certification, identify grounds for the suspension,
				  revocation or denial of certification consistent with statutory requirements,
				  establish administrative procedures for the denial, suspension or revocation of
				  a police officer's or telecommunicator's certification, require Parental
				  Responsibility Act compliance and identify the appropriate procedures in the
				  event of non-compliance.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 29 - LAW ENFORCEMENT ACADEMY › Part 1 - GENERAL PROVISIONS › Section 10.29.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "HSD" means the
				New Mexico human services department.
B. "Statement of compliance" means a
				certified statement from HSD stating that an individual is in compliance with a
				judgment and order for support.
C.
				"Statement of non-compliance" means a certified statement from HSD stating than
				an individual is not in compliance with a judgment and an order for
				support.
D. "Moral turpitude" means
				any criminal act done contrary to justice, honesty, or with disregard to one's
				responsibilities to society in general.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 29 - LAW ENFORCEMENT ACADEMY › Part 1 - GENERAL PROVISIONS › Section 10.29.1.8 - REGULATIONS, POLICIES AND PROCEDURES FOR CONDUCTING THE BUSINESS OF THE LAW ENFORCEMENT ACADEMY BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Duties of board officers:
(1)
				The attorney general shall serve as the chairman of the board and shall preside
				at all meetings and shall be charged with the responsibility of preserving
				order and decorum and enforcing these regulations. The chairman shall execute
				all of those duties commonly performed by a presiding officer.
(2) The vice-chairman shall act in the
				capacity of chairman in the absence or unavailability of the
				chairman.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 29 - LAW ENFORCEMENT ACADEMY › Part 1 - GENERAL PROVISIONS › Section 10.29.1.9 - OPEN MEETINGS ACT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Authority:
Any meetings
				subject to the Open Meetings Act at which the discussion or adoption of any
				proposed resolution, rule, regulation or formal action occurs shall be held
				only after reasonable notice to the public; and Subsection D of Section
				10-15-1
				of the Open Meeting Act requires the board to determine annually what
				constitutes reasonable notice of its public meetings, which shall be done in
				the form of a resolution adopted annually pursuant to the Open Meetings Act and
				these rules. A member of the board may participate in a meeting of the board by
				conference telephone or other means of communication when it is otherwise
				difficult or impossible for the member to attend the meeting.
B.
Notice:
(1) Regular meetings of the board shall
				ordinarily be held quarterly at a time and place designated in the notice or as
				otherwise determined by the board. The agenda will be available from the law
				enforcement academy director whose office is located at 4491 Cerrillos Road,
				Santa Fe, New Mexico. Notice of regular meetings will be given 10 days in
				advance of the meeting date.
(2)
				Special meetings of the board may be called by the chairman or a majority of
				the members upon 72 hours' notice.
(3) Emergency meetings of the board are
				meetings called under circumstances which demand immediate action by the board.
				Although the board would avoid emergency meetings whenever possible, such
				circumstances may occasionally arise. Emergency meetings of the board may be
				called by the chairman or a majority of the members upon 24 hours' notice,
				unless shorter notice is necessary as authorized by the Open Meetings
				Act.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 29 - LAW ENFORCEMENT ACADEMY › Part 1 - GENERAL PROVISIONS › Section 10.29.1.10 - QUALIFICATIONS FOR ADMISSION TO THE ACADEMY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Qualifications for police officer
				admission:
In accordance with those qualifications enumerated under
				Section 29-7 -6 NMSA 1978, (Repl. Pamp. 1994), the director shall reject
				applicants for admission to the academy if, after investigation, it is
				determined that the applicant does not meet the following criteria:
(1) citizenship and age requirements as set
				forth in Section 29-7 -6 NMSA 1978, (Repl. Pamp. 1994);
(2) holds a United States high school diploma
				or its equivalent;
(3) holds a
				valid driver's license;
(4) has not
				been convicted of or pled guilty to or entered a plea of nolo contendere to any
				felony charge, or within the three year period immediately preceding his/her
				application, to any violation of any federal law or state law or local
				ordinance relating to aggravated assault, theft, driving while intoxicated,
				controlled substances or other crime involving moral turpitude and has not been
				released or discharged under dishonorable conditions from any of the armed
				forces of the United States;
(5) is
				found, after examination by a licensed physician, to be free from any physical
				condition which might adversely affect their performance as police officers or
				prohibit them from successfully completing prescribed basic law enforcement
				training required by the Law Enforcement Training Act;
(6) is found, after examination by a
				certified psychologist, to be free of any emotional or mental condition which
				might adversely affect their performance as police officers or prohibit them
				from successfully completing prescribed basic law enforcement training required
				by the Law Enforcement Training Act;
(7) is found to be of good moral character
				and has not committed any acts constituting dishonesty or fraud; or
(8) is found not to have committed any other
				acts which would be grounds for denial, revocation, or suspension of
				certification under the provision of
				10.29.1.11
				NMAC.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 29 - LAW ENFORCEMENT ACADEMY › Part 1 - GENERAL PROVISIONS › Section 10.29.1.11 - GROUNDS FOR DENIAL, REVOCATION OR SUSPENSION OF POLICE OFFICER OR TELECOMMUNICATOR CERTIFICATION; REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Authority:
In accordance with
				the provisions of the Law Enforcement Training Act, Section 29-7 -13 NMSA 1978,
				(Repl. Pamp. 1994), the director may seek to deny, suspend or revoke a police
				officer's or telecommunicator's certification, if after investigation and
				consultation with the employing agency, it is determined that the individual
				has failed to comply with the provisions of the Law Enforcement Training Act or
				board regulations concerning qualifications for certification in the state of
				New Mexico.
B.
Arrest or
				indictment on felony charges; summary suspension:
(1) The director upon being notified that a
				certified police officer or telecommunicator has been arrested or indicted on
				any felony charge(s) shall immediately notify the individual of the intent to
				suspend the certification. The procedures set forth in
				10.29.1.12
				NMAC shall not apply to the immediate suspension. Notice of the immediate
				suspension shall be served on the officer or telecommunicator. Upon service of
				the notice, the individual shall have 15 days to request to be heard at the
				next meeting of the board. At the meeting, the individual may present evidence,
				witnesses and argument as to why their certification should not be suspended.
				The board may deliberate and shall issue a decision on the suspension at the
				meeting.
(2) The director upon
				being notified that a police officer or telecommunicator has been convicted on
				any felony charge(s) shall initiate the disciplinary process pursuant to
				10.29.1.12
				NMAC.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 29 - LAW ENFORCEMENT ACADEMY › Part 1 - GENERAL PROVISIONS › Section 10.29.1.12 - PROCEDURES FOR DENIAL, SUSPENSION OR REVOCATION OF POLICE OFFICER OR TELECOMMUNICATOR CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Notice of investigation:
In those instances where the director
				opens an investigation after receiving a report of alleged misconduct, a notice
				of investigation shall be served on the individual respondent. Such notice
				shall contain:
(1) a concise statement of the
				purpose and scope of the investigation;
(2) a description of the acts for which the
				investigation is sought;
(3) a
				statement that the respondent has seven calendar days from receipt of the
				notice of the option to provide a written response or to request an opportunity
				for an oral response before the director; and
(4) notice describing the disciplinary
				procedures of the board.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 29 - LAW ENFORCEMENT ACADEMY › Part 1 - GENERAL PROVISIONS › Section 10.29.1.13 - PROCEEDINGS FOR DENIAL, REVOCATION, OR SUSPENSION BEFORE THE LAW ENFORCEMENT ACADEMY BOARD; ProcedureS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				contemplated actions to deny, suspend or revoke a police officer's or
				telecommunicator's certification shall be brought before the board before
				taking effect.
B. An evidentiary
				hearing will be held if the board receives, within 30 calendar days from the
				receipt of the notice of contemplated action, a request for hearing. Such
				request shall be made in writing and shall be addressed to the board. The
				request may be either personally served upon the director or sent by registered
				mail to the New Mexico law enforcement academy. If a request for hearing is not
				received within the time and in the manner required, the board may take the
				action contemplated in the notice and such action shall be considered
				final.
C. Within 20 days of
				receiving a request for hearing the director, or designated hearing clerk,
				shall issue a scheduling order that includes:
(1) date, time, and location of the
				hearing;
(2) identifying the
				hearing officer or board member(s) to preside over the hearing;
(3) notice that the respondent must appear in
				person but may be represented by counsel; and
(4) filing information and deadlines for
				completion of discovery and hearing proceedings.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 29 - LAW ENFORCEMENT ACADEMY › Part 1 - GENERAL PROVISIONS › Section 10.29.1.14 - HEARINGS BEFORE THE LAW ENFORCEMENT ACADEMY BOARD; PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Hearings
				conducting pursuant to this rule shall be open to the public unless the parties
				agree that it shall be closed. Hearings shall be conducted at the law
				enforcement academy or other location selected by the board or designated
				hearing officer.
B. A respondent
				may appear through a New Mexico licensed attorney or assisted by a
				representative, provided that such individual has made a written entry of
				appearance at least seven calendar days prior to the hearing date.
C. The board or designated hearing officer
				shall conduct the hearing in an orderly manner without strict adherence to the
				rules of evidence required in judicial proceedings.
D. Oral evidence shall be taken only under
				oath or affirmation.
E. The board
				or designated hearing officer may admit all evidence, including affidavits, if
				it is the sort of evidence upon which responsible persons are accustomed to
				rely on in the conduct of serious affairs. Immaterial, irrelevant, or unduly
				cumulative evidence may be excluded.
F. Rules of privilege shall be effective to
				the extent that they are required to be recognized in civil actions in the
				district courts of the state of New Mexico.
G. The board or designated hearing officer
				may utilize their experience, technical competence, and specialized knowledge
				in the evaluation of evidence presented to them. Notice may be taken of
				judicially cognizable facts in addition to technical or scientific facts within
				the board's specialized knowledge.
H. The hearing shall be recorded either by
				stenographic means or by a sound recording device. All evidence received during
				the course of the hearing shall be made part of the formal record. The record
				of proceedings shall be maintained by the law enforcement academy staff in
				Santa Fe and copies shall be made available to the parties upon
				request.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 29 - LAW ENFORCEMENT ACADEMY › Part 1 - GENERAL PROVISIONS › Section 10.29.1.15 - DECISIONS OF THE BOARD; PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. In the event the hearing is conducted by a
				quorum of the board a decision shall be made during a public meeting and a
				written order shall be issued within 60 calendar days after the
				hearing.
B. In the event a hearing
				officer has been appointed, the hearing officer shall prepare a hearing officer
				report with proposed findings of fact and a recommended decision of whether a
				violation occurred within 60 calendar days of the completion of the hearing or
				closing of the record. A copy of the report shall be served on the parties by
				certified mail, return receipt requested. Upon receipt, the parties may within
				10 calendar days, file a statement of objections to the hearing officer report
				with the board. The board shall proceed to consider the case and as soon as
				practicable review the hearing officer report and any objections filed by
				parties, as well as the director's recommendation, and issue a determination.
				No additional oral arguments by the parties shall be allowed. If the board
				rejects the hearing officer's recommended findings or decision, particularly
				when the credibility of a witness is at issue, it shall review at least as much
				of the record as is necessary to support its decision. The board shall consider
				the matter at its next board meeting after filing of the hearing officer
				report. The board's written decision and order shall be signed within 30 days
				after the board's vote on the matter.
C. After a decision of the board is rendered,
				the board shall serve upon the parties a written copy of the decision and final
				order by certified mail, return receipt requested. Final orders of the board
				shall at a minimum contain findings of fact, conclusions of law, and an order
				based on the determination.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 29 - LAW ENFORCEMENT ACADEMY › Part 1 - GENERAL PROVISIONS › Section 10.29.1.16 - METHOD OF SERVICE NOTICE; PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any notice required by rules may be served
				upon a respondent at his or her last known address, either by hand delivery by
				an officer authorized by law to serve process or by certified mail with return
				receipt requested.
B. Service of
				notice is complete when the notice is:
(1)
				hand delivered; or
(2) deposited
				with the United States postal service by certified mail, return receipt
				requested.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 29 - LAW ENFORCEMENT ACADEMY › Part 1 - GENERAL PROVISIONS › Section 10.29.1.17 - COMPUTATION OF TIME

Current through Register Vol. 35, No. 13, July 16, 2024
In computing any period of time prescribed or allowed by
				  these rules, the day of the act from which this period of time begins to run
				  shall not be included. The last calendar day of the time period shall be
				  included in the computation.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 29 - LAW ENFORCEMENT ACADEMY › Part 1 - GENERAL PROVISIONS › Section 10.29.1.18 - PARENTAL RESPONSIBILITY ACT COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. This rule is adopted pursuant to the
				Parental Responsibility Act, Sections
				40-5A-1
				through
				40-5A-13
				NMSA 1978. All terms defined in the Parental Responsibility Act shall have the
				same meanings in this subpart.
B.
Disciplinary action:
If an applicant, certified police officer or
				certified telecommunicator is not in compliance with a judgment and order for
				child support the law enforcement academy board:
(1) shall deny an application for
				certification; and
(2) has grounds
				for suspension or revocation of a police officer's or telecommunicator's
				certification.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 29 - LAW ENFORCEMENT ACADEMY › Part 2 - FINANCIAL › Section 10.29.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Law Enforcement Academy - Training and Recruiting
				  Division, Department of Public Safety, 4491 Cerrillos Road, Santa Fe, New
				  Mexico 87505
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 29 - LAW ENFORCEMENT ACADEMY › Part 2 - FINANCIAL › Section 10.29.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All law enforcement agencies in New Mexico (state, county,
				  municipal or other local governments, associations and other
				  groups).
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 29 - LAW ENFORCEMENT ACADEMY › Part 2 - FINANCIAL › Section 10.29.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section
				  29-7-4
				  (Repl. Pamp. 1994), NMSA 1978, Section
				  29-7-5
				  (Repl. Pamp. 1994), NMSA 1978, Section
				  29-7-12
				  (Repl. Pamp. 1994)
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 29 - LAW ENFORCEMENT ACADEMY › Part 2 - FINANCIAL › Section 10.29.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of part 2 is to establish guidelines for use of
				  academy facilities, fees for use of facilities and services offered by the
				  academy and procedures for their collection.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 29 - LAW ENFORCEMENT ACADEMY › Part 2 - FINANCIAL › Section 10.29.2.8 - USE OF FACILITIES; OTHER ORGANIZATIONS; CHARGES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Guidelines
(1) The following guidelines are established
				for use in connection with handling requests for the use of the department of
				public safety training center building and facilities. Please allow sufficient
				time for arrangements to be made for the facilities requested. The request
				shall be made in writing. Use of the training center building and facilities
				will be confined to the following:
(a)
				Official state agencies and institutions for official purposes;
(b) Official county, city, or municipal
				agencies for official purposes and specifically to include the New Mexico
				municipal league and association of counties;
(c) The New Mexico sheriffs' and police
				officers' association;
(d) The New
				Mexico sheriffs' association;
(e)
				The New Mexico mounted patrol;
(f)
				Other law enforcement related associations or activities; and
(g) Other groups, agencies, and activities in
				the discretion of the director.