2020 New Mexico Statutes
Chapter 60 - Business Licenses
Article 13 - Construction Industries Licensing
Section 60-13-2 - General definitions.

As used in the Construction Industries Licensing Act:

A. "division" means the construction industries division of the regulation and licensing department;

B. "trade bureau", "jurisdiction" and "trade bureau jurisdiction" mean the electrical bureau, the mechanical bureau, the general construction bureau or the liquefied petroleum gas bureau of the division;

C. "jurisdictional conflict" means a conflict between or among trade bureaus as to the exercise of jurisdiction over an occupation or trade for which a license is required under the provisions of the Construction Industries Licensing Act;

D. "person" includes an individual, firm, partnership, corporation, association or other organization, or any combination thereof;

E. "qualifying party" means an individual who submits to the examination for a license to be issued under the Construction Industries Licensing Act and who is responsible for the licensee's compliance with the requirements of that act and with the rules, regulations, codes and standards adopted and promulgated in accordance with that act;

F. "certificate of qualification" means a certificate issued by the division to a qualifying party;

G. "journeyman" means an individual who is properly certified by the electrical bureau or the mechanical bureau, as required by law, to engage in or work at the certified trade;

H. "apprentice" means an individual who is engaged, as the individual's principal occupation, in learning and assisting in a trade;

I. "wages" means compensation paid to an individual by an employer from which taxes are required to be withheld by federal and state law;

J. "public use" means the use or occupancy of a structure, facility or manufactured commercial unit to which the general public, as distinguished from residents or employees, has access;

K. "bid" means a written or oral offer to contract;

L. "building" means a structure built for use or occupancy by persons or property, including manufactured commercial units and modular homes or premanufactured homes designed to be placed on permanent foundations whether mounted on skids or permanent foundations or whether constructed on or off the site of location;

M. "inspection agency" means a firm, partnership, corporation, association or any combination thereof approved in accordance with regulations as having the personnel and equipment available to adequately inspect for the proper construction of manufactured commercial units, modular homes or premanufactured homes;

N. "director" means the administrative head of the division;

O. "chief" means the administrative head of a trade bureau;

P. "commission" means the construction industries commission;

Q. "manufactured commercial unit" means a movable or portable housing structure over thirty-two feet in length or over eight feet in width that is constructed to be towed on its own chassis and designed so as to be installed without a permanent foundation for use as an office or other commercial purpose and that may include one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity, or two or more units separately towable but designed to be joined into one integral unit, as well as a single unit, but that does not include any movable or portable housing structure over twelve feet in width and forty feet in length that is used for nonresidential purposes. "Manufactured commercial unit" does not include modular or premanufactured homes, built to a nationally recognized standard adopted by the commission and designed to be permanently affixed to real property;

R. "code" means a body or compilation of provisions or standards adopted by the commission that govern contracting or some aspect of contracting; that provide for safety and protection of life and health; and that are published by a nationally recognized standards association;

S. "inspector" means a person certified by the division and certified by one or more trade bureaus to conduct inspections of permitted work to ensure that all work performed by a contractor or the homeowner complies with the applicable code;

T. "statewide inspector's certificate" means a certificate that enables an inspector to conduct inspections in one or more trade bureau jurisdictions for the state or any county, municipality or other political subdivision that has a certified building official in its employ; and

U. "certified building official" means an employee of any county, municipality or other political subdivision who has a broad knowledge of the construction industry, holds a current nationally recognized code organization certified building official certificate and has:

(1) been a practicing inspector or practicing contractor for at least five years; or

(2) held a management position in a construction-related company or construction organization for at least five of the past ten years.

History: 1953 Comp., § 67-35-2, enacted by Laws 1967, ch. 199, § 2; 1969, ch. 224, § 1; 1972, ch. 11, § 1; 1973, ch. 259, § 6; 1975, ch. 331, § 15; 1977, ch. 245, § 166; 1983, ch. 105, § 1; 1988, ch. 102, § 2; 1989, ch. 6, § 3; 2003, ch. 264, § 1; 2013, ch. 142, § 1; 2013, ch. 153, § 1.

The 2013 amendment, effective June 14, 2013, added definitions; in Subsection B, after "'trade bureau'", deleted "means" and added "'jurisdiction' and 'trade bureau jurisdiction' mean"; and added Subsections S through U.

Laws 2013, ch. 142, § 1, and Laws 2013, ch. 153, § 1, both effective June 14, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 153, § 1. See 12-1-8 NMSA 1978.

The 2003 amendment, effective June 20, 2003, deleted "but not limited to" following "occupancy by persons or property, including" near the beginning of Subsection L; substituted "a nationally recognized standard adopted by the commission and" for "Uniform Building Code standards" following "built to" near the end of Subsection Q; in Subsection R, substituted "adopted by the commission that" for "which" following "provisions or standards" near the beginning, substituted "and that are published" for "which are approved" following "life and health;" near the middle, and deleted "and which standards are in general use in the United States or in a clearly defined region of the United States. The term 'code' includes the Uniform Building Code, the National Electrical Code, the Uniform Plumbing and Mechanical Code, the LP Gas Code and any other codes adopted by the commission" at the end.