2021 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 15 - Architects
Section 61-15-8 - Exemptions; from registration. (Repealed effective July 1, 2024.)
A. The following are exempt from the provisions of the Architectural Act:
(1) architects who have no established places of business in this state and who are not registered pursuant to the Architectural Act may act as consulting associates of an architect registered under the provisions of the Architectural Act; provided that the architects are registered as architects in another jurisdiction; and
(2) architects acting solely as officers or employees of the United States or any interstate railroad system or architects acting on a federally owned site where architectural services are performed only on that site and are subject to federal jurisdiction.
B. Nothing in the Architectural Act shall prevent a registered architect from employing non-registrants to work under the architect's responsible charge.
History: Laws 1931, ch. 155, § 7; 1939, ch. 82, § 7; 1941 Comp., § 51-1407; 1953 Comp., § 67-12-7; 1987, ch. 282, § 9; 1999, ch. 263, § 6; 1999, ch. 272, § 28; 2017, ch. 107, § 4.
ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-15-13 NMSA 1978.
The 2017 amendment, effective June 16, 2017, provided an additional exemption from the provisions of the Architectural Act; in Subsection A, Paragraph A(2), after "railroad system", added "or architects acting on a federally owned site where architectural services are performed only on that site and are subject to federal jurisdiction".
The 1999 amendment, effective June 18, 1999, in the catchline, added "from registration"; rewrote Subsection A(1), which formerly read "architects who are not legal residents of and have no established places of business in this state who are acting as consulting associates of a legal resident architect registered under the provisions of the Architectural Act, provided the nonresident architects are qualified for such professional service in their own state or country; and"; and rewrote Subsection B, which formerly read "Nothing in the Architectural Act shall prevent the draftsmen, students, superintendents and other employees of lawfully practicing architects under the provisions of the Architectural Act from acting under the instructions, control or supervision of the employer or shall prevent the employment of superintendents on the construction, enlargement or alterations of buildings or any appurtenances thereto or shall prevent those superintendents from acting under the direct supervision of registered architects by whom the plans and specifications of any building, enlargements, constructions or alterations were prepared".
The 1987 amendment, effective June 19, 1987, substituted "the Architectural Act" for "this Act" throughout the section; redesignated the former Subsections B and C as Paragraph (1) and (2) of Subsection A; deleted the former Subsection D as set out in the 1986 Replacement Pamphlet; redesignated the former Subsection E as Subsection B; and in Subsection B, deleted "clerks of the work" preceding "superintendents" near the beginning and substituted "direct supervision" for "immediate personal supervision" near the end; and made minor changes in language and punctuation throughout the section.
Substantial compliance suffices. — Where an independent school district hires a registered and resident New Mexico architect to design and supervise the construction of a new junior high school and employs a firm of out-of-state architects and engineers and where the work is commenced and the architectural design, preliminary surveys and climate control is complete, the New Mexico architect dies, prior to the actual finalization of the plans, substantial compliance exists with the Architectural Act. The school district may construct the proposed project based upon the plans completed by the out-of-state firm. However, it must be emphasized that any further architectural services of any nature must be performed by a registered resident pursuant to Section 67-12-8 (now Section 61-15-9 NMSA 1978). 1965 Op. Att'y Gen. No. 65-07.
Law reviews. — For note, "Police Power and the Design of Buildings," see 5 Nat. Res. J. 122 (1965).
