2020 New Mexico Statutes
Chapter 60 - Business Licenses
Article 13 - Construction Industries Licensing
Section 60-13-42 - Authority of inspectors; limitation.

A. A state certified inspector may, during reasonable hours, enter any building or go upon any premises in the discharge of the inspector's official duties for the purpose of making an inspection of work performed or for the purpose of testing any installation authorized within the jurisdiction of the inspector's trade certification. The inspector may cut or disconnect, or have cut or disconnected in cases of emergency, an installation or device when necessary for safety to life or property or where the installation may interfere with the work of a fire department.

B. The inspector may disconnect or order the discontinuance of service to any installation, device, appliance or equipment found to be dangerous to life or property because it is defective or is incorrectly installed, until the installation, device, appliance or equipment is made safe and is approved by the inspector.

C. The inspector may order the correction of any defects or any incorrect installation that prompted the disconnection and discontinuance of service.

D. In all cases where disconnection is made, a notice shall be attached by the inspector to the installation, device, appliance or equipment disconnected, which notice shall state that the same has been disconnected by or on order of the inspector and the reason for the disconnection. It is unlawful for a person to remove the notice or to use the installation, device, appliance or equipment without authorization of an inspector.

E. The division shall by regulation adopt official inspection stickers or medallions for the purpose of identifying those modular homes and premanufactured homes that have been inspected and found to comply with all requirements of the state codes and standards. State inspection and acceptance for use of modular homes and premanufactured homes shall exclusively apply to the use and occupancy of such dwellings in the state and in any of its political subdivisions, subject to the requirements of local planning and zoning ordinances and ordinances requiring permits and inspections for foundations, electrical and mechanical hookups or other safety or sanitary requirements.

History: 1953 Comp., § 67-35-50, enacted by Laws 1967, ch. 199, § 50; 1972, ch. 11, § 3; 1973, ch. 259, § 15; 1975, ch. 331, § 20; 1977, ch. 245, § 204; 1989, ch. 6, § 36; 2011, ch. 129, § 2.

The 2011 amendment, effective June 17, 2011, eliminated the restriction that limited inspections by municipal inspectors only in localities where they were authorized to make inspections.

Reasonable business hours requirement is necessary so that the owner/occupier is present and the inspector can seek consent. Mimics, Inc. v. Village of Angel Fire, 394 F.3d 836 (10th Cir. 2005).

Inspection of wiring in trailers, mobile homes. — The former electrical board could inspect the installation and use of electrical wiring in a trailer or mobile home during the construction of such trailer or mobile home within this state. 1969 Op. Att'y Gen. No. 69-51.

Inspection of buildings on Indian lands. — State inspection of buildings constructed by New Mexico contractors on Indian lands leased to private individuals under a 99-year lease does not interfere with reservation self-government. 1970 Op. Att'y Gen. No. 70-76.