2021 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 15 - Architects
Section 61-15-9 - Project exemptions. (Repealed effective July 1, 2024.)
A. The state and its political subdivisions are not exempt from the requirements of the Architectural Act.
B. A person who is not an architect may prepare building plans and specifications, unless the building plans and specifications involve public safety or health, but the work shall be done only on:
(1) single-family dwellings not more than two stories in height;
(2) multiple dwellings not more than two stories in height containing not more than four dwelling units of wood-frame construction; provided that this paragraph shall not be construed to allow a person who is not registered under the Architectural Act to design multiple clusters of up to four dwelling units each to form apartment or condominium complexes where the total exceeds four dwelling units on any lawfully divided lot;
(3) garages or other structures not more than two stories in height that are appurtenant to buildings described in Paragraphs (1) and (2) of this subsection; or
(4) nonresidential buildings, as defined in applicable state or local building codes, unless the building code official having jurisdiction has found that the submission of plans, drawings, specifications or calculations prepared and designed by an architect or engineer licensed by the state is necessary to obtain compliance with minimum standards governing the preparation of building plans and specifications adopted by the construction industries division of the regulation and licensing department. The construction industries division shall set, by rule, minimum standards for preparation of building plans and specifications pursuant to this paragraph.
C. Nothing in the Architectural Act shall require the state or a political subdivision of the state to secure the services of an architect or engineer for a public work project that consists of repair, replacement or remodeling if the alteration does not affect structural or life safety features of a building and does not require the issuance of a building permit under any applicable code.
D. A New Mexico registered professional engineer who has complied with all the laws of New Mexico relating to the practice of engineering has a right to engage in the incidental practice, as defined by rule, of activities properly classified as architectural services; provided that the engineer does not make any representation as being an architect or as performing architectural services; and further provided that the engineer performs only that part of the work for which the engineer is professionally qualified and uses qualified professional engineers, architects or others for those portions of the work in which the contracting professional engineer is not qualified. The engineer shall assume all responsibility for compliance with all laws, codes, rules and ordinances of the state or its political subdivisions pertaining to documents bearing an engineer's professional seal.
History: Laws 1931, ch. 155, § 8; 1939, ch. 82, § 8; 1941 Comp., § 51-1408; 1953 Comp., § 67-12-8; Laws 1963, ch. 279, § 2; 1971, ch. 190, § 1; 1975, ch. 247, § 1; 1977, ch. 53, § 1; 1979, ch. 362, § 7; 1981, ch. 75, § 1; 1983, ch. 63, § 2; 1987, ch. 282, § 10; 1999, ch. 263, § 7; 1999, ch. 272, § 29; 2017, ch. 107, § 5.
ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-15-13 NMSA 1978.
The 2017 amendment, effective June 16, 2017, revised certain exemptions from the requirements of the Architectural Act; in Subsection B, Paragraph B(4), after "as defined in", deleted "uniform" and added "applicable state or local", after "building", deleted "code" and added "codes", and after "shall set, by", deleted "regulation" and added "rule"; and in Subsection D, after "the engineer does not", deleted "hold himself out to be" and added "make any representation as being".
The 1999 amendment, effective June 18, 1999, rewrote the catchline, which formerly read "Restrictions"; rewrote Subsection A, which related to public work; in Subsection B, in the introductory language, substituted the language ending "building plans and specifications" for "Nothing in the Architectural Act shall prevent any person from preparing building plans and specifications without being registered"; in Subsection C, substituted the language beginning "if the alteration does not affect" for "of nonstructural elements of an existing structure"; and added Subsection D.
The 1987 amendment, effective June 19, 1987, in Subsection B, in the opening clause, substituted "building plans" for "architectural plans" the first occurrence, substituted "building plans" for "plans" the second occurrence and deleted from the end "residences of less than three stories or the work shall be done on commercial, industrial or semi-public buildings, the construction cost of which does not exceed eighty thousand dollars ($80,000)", and added Paragraphs (1) through (4); and deleted the former Subsection C as set out in the 1986 Replacement Pamphlet and redesignated the former Subsection D accordingly.
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 client 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 of New Mexico pursuant to this section. 1965 Op. Att'y Gen. No. 65-07.
Unlicensed architect allowed on less than three-storied residence. — An individual, firm, or corporation may practice architecture without being registered, where the work is done on residences of less than three stories. 1933 Op. Att'y Gen. No. 33-560.
Licensed engineer not restricted. — A professional licensed engineer does not violate this section by drawing plans and constructing a building, since authority to do so is conferred upon him by law. 1939 Op. Att'y Gen. No. 39-3126 (rendered prior to enactment of Engineering and Land Surveying Practice Act).
Licensed engineers not affected. — Section 10 of Laws 1939, ch. 82 does not repeal the matter pertaining to engineers in 67-21-1 to 67-21-25, 1953 Comp. (now repealed) since these acts must be read separately, similar powers being conferred upon professional engineers as are granted to architects in this act. 1939 Op. Att'y Gen. No. 39-3205 (rendered prior to enactment of Engineering and Land Surveying Practice Act).
Law reviews. — For note, "Police Power and the Design of Buildings," see 5 Nat. Res. J. 122 (1965).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 5 Am. Jur. 2d Architects § 1 et seq.
6 C.J.S. Architects §§ 3, 7.
