2020 New Mexico Statutes
Chapter 60 - Business Licenses
Article 13 - Construction Industries Licensing
Section 60-13-44 - Trade bureaus; standards; conflicts.
A. The electrical bureau shall recommend to the commission minimum standards for the installation or use of electrical wiring. The recommendations shall substantially embody the applicable provisions of an electrical code for safety to life and property promulgated by a nationally recognized association and developed through an open, balanced consensus process.
B. The mechanical bureau shall recommend to the commission minimum standards for the installation of all fixtures, consumers' gas pipe, appliances and materials installed in the course of a mechanical installation. The recommendations shall be in substantial conformity with codes and standards that are developed through an open, balanced consensus process. Manufacturers may choose the independent certification organization they wish to certify their products if the certification organization is accredited by the American national standards institute or other accreditation organization selected by the commission.
C. The general construction bureau shall recommend to the commission minimum standards for the construction, alteration or repair of buildings, except for those activities within the jurisdiction of the electrical bureau or the mechanical bureau. The recommendations shall substantially embody the applicable provisions of a nationally recognized building code that is developed through an open, balanced consensus process and shall give due regard to physical, climatic and other conditions peculiar to New Mexico. The standards shall include the authority to permit or deny occupancy of existing and new buildings or structures and authority to accept or deny the use of materials manufactured within or without the state. The general construction bureau may set minimum fees or charges for conducting tests to verify claims or specifications of manufacturers.
D. The general construction bureau shall recommend to the commission additional specifications for any public building constructed in the state through expenditure of state, county or municipal funds, bonds and other revenues, which specifications shall embody standards making the building accessible to persons who have a physical disability, and the specifications shall conform substantially with those contained in a nationally recognized standard for making public facilities accessible to persons with a physical disability that is developed through an open, balanced consensus process. All orders and rules recommended by the general construction bureau and adopted by the commission under the provisions of this section shall be printed and distributed to all licensed contractors, architects and engineers and to the governor's commission on disability. The orders and rules shall take effect on a date fixed by the commission, which shall not be less than thirty days after their adoption by the commission, and shall have the force of law.
E. The general construction bureau shall have the right of review of all specifications of public buildings and the responsibility to ensure compliance with the adopted standards.
F. All political subdivisions of the state are subject to the provisions of codes adopted and approved under the Construction Industries Licensing Act. Such codes constitute a minimum requirement for the codes of political subdivisions.
G. The trade bureaus within their respective jurisdictions shall recommend to the commission standards that are developed through an open, balanced consensus process for the installation or use of electrical wiring, the installation of all fixtures, consumers' gas pipe, appliances and materials installed in the course of mechanical installation and the construction, alteration or repair of all buildings intended for use by persons with a physical disability or persons requiring special facilities to accommodate the aged. The recommendations shall give due regard to physical, climatic and other conditions peculiar to New Mexico.
H. The trade bureaus within their respective jurisdictions shall recommend to the commission standards for the construction, alteration, repair, use or occupancy of manufactured commercial units, modular homes and premanufactured homes. The recommendations shall substantially embody the applicable provisions or standards for the safety to life, health, welfare and property approved by the nationally recognized standards association and developed through an open, balanced consensus process and shall give due regard to physical, climatic and other conditions peculiar to New Mexico. Wherever existing state codes or standards conflict with the codes and standards adopted by the commission under the provisions of this subsection, the provisions of the applicable New Mexico building codes adopted pursuant to the Construction Industries Licensing Act and the LPG and CNG Act [Chapter 70, Article 5 NMSA 1978] in effect at the applicable time shall exclusively apply and control, except for codes and standards for mobile housing units.
I. Modular homes and premanufactured homes in existence at the time of the effective date of the Construction Industries Licensing Act shall have their use or occupancy continued if such use or occupancy was legal on the effective date of that act, provided such continued use or occupancy is not dangerous to life. Any change in the use or occupancy or any major alteration or repair of a modular home or premanufactured home shall comply with all codes and standards adopted under the Construction Industries Licensing Act.
J. The commission shall review all recommendations made under the provisions of this section and shall by rule adopt standards and codes that substantially comply with the requirements of this section that apply to the recommendations of the trade bureaus.
History: 1953 Comp., § 67-35-52, enacted by Laws 1967, ch. 199, § 52; 1971, ch. 223, § 1; 1972, ch. 11, § 4; 1973, ch. 259, § 16; 1975, ch. 331, § 21; 1977, ch. 245, § 206; 1983, ch. 105, § 19; 1989, ch. 6, § 38; 2000, ch. 40, § 1; 2003, ch. 264, § 2; 2005, ch. 46, § 1; 2007, ch. 46, § 48.
ANNOTATIONSCross references. — For the commission on disability, see 28-10-1 to 28-10-8.1 NMSA 1978.
For the LPG and CNG Act, see 70-5-1 to 70-5-23 NMSA 1978.
Compiler's notes. — The "effective date of the Construction Industries Licensing Act", referred to in the first sentence in Subsection I, is July 1, 1967.
The 2007 amendment, effective June 15, 2007, made non-substantive language changes.
The 2005 amendment, effective June 17, 2005, changed the reference in Subsection D from committee on concerns of the handicapped to the commission on disability; and provided in Subsection H that applicable New Mexico building codes adopted pursuant to the Construction Industries Licensing Act and the LPG and CNG Act in effect at the applicable time control over conflicting codes and standards.
The 2003 amendment, effective June 20, 2003, rewrote this section.
The 2000 amendment, effective May 17, 2000, added the last sentence in Subsection B, deleted "and regulations" from the phrase "rules and regulations" throughout Subsection D, changed the "New Mexico Uniform Plumbing Code" and the "New Mexico Natural Gas Code" to read the "New Mexico Plumbing Code" and the "Natural Gas Code of New Mexico" in Subsection H, and substituted "rule" for "regulation" in Subsection J.
Enforcement of state building code. — The construction industries division of the regulation and licensing department has the authority to refuse to provide inspection services or certify local inspectors in municipalities that fail to adopt a building code that provides for minimum requirements of the state Uniform Building Code. The construction industries division has the authority to issue a stop work or similar order on a construction project authorized by a local jurisdiction that has adopted a building code that, while the code meets minimum standards set by the CID, differs from the building code adopted by CID. 2011 Op. Att'y Gen. No. 11-06.
Construction Industries Licensing Act authorizes adoption of a statewide code. 1968 Op. Att'y Gen. No. 68-119.
Political subdivisions, not state, included under section. — This section only extends provisions of the codes adopted pursuant to the Construction Industries Licensing Act to political subdivisions of the state; it does not include the state itself. 1970 Op. Att'y Gen. No. 70-38.
Powers of general construction board. — This section empowers general construction board to do anything necessary to ensure that public buildings conform to adopted codes. Requiring building permits and performing inspections are powers necessary to ensure this conformity. Insofar as Attorney General's Opinion No. 70-38 is inconsistent with this opinion, it is amended accordingly. 1974 Op. Att'y Gen. No. 74-10.
Electrical contractor formerly under jurisdiction of electrical board. — Trade which is within jurisdiction of the former electrical board is that of electrical contractor, that is, a person engaged in the installation of electrical wiring. 1969 Op. Att'y Gen. No. 69-51.
