N.M. Admin. Code § 14.5.1.7

Current through Register Vol. 35, No. 23, December 10, 2024

Section 14.5.1.7 - DEFINITIONS

The definitions in this section are used throughout the construction industries division rules contained in Chapters 5 through 10 of Title 14.

A."Apprentice" means an individual who is learning a particular trade from a validly licensed employer. CID recognizes apprentices whether registered in an apprenticeship program recognized by the New Mexico state apprenticeship council pursuant to the New Mexico department of workforce solutions or unregistered while learning the particular trade skills.

B."Authority having jurisdiction" "AHJ" means the state or a municipality, county or other political subdivision that has a full-service building department employing a full-time certified building official and has permitting, inspection and enforcement authority over the general construction, electrical and mechanical-plumbing trades within its jurisdiction. Provided however, that a municipality, county or other political subdivision established as an AHJ prior to July 1, 2009, with authority over specified trades shall continue in that capacity without a full-service building department until relinquishing its authority as a building trades department.

C. "Baby changing facility" means a table or other device suitable for changing the diaper of a child age three or under.

D."Certified building official" "CBO" means an employee of the state, a county, a municipality or other political subdivision who is approved by the division as to experience and qualifications, and who has a broad knowledge of the construction industry, holds a current nationally recognized code organization certified building official certificate and has been either a practicing inspector or practicing contractor for at least five years or held a management position in a construction-related business or construction organization for at least five of the past 10 years. Each CBO is charged with the administration and enforcement of the provisions of the Construction Industries Licensing Act and the administrative codes under the act.

E."Certificate of occupancy" "C/O" means the written approval for a newly constructed building or for a change in building occupancy, certifying that the building has passed all required inspections and is safe for occupancy. Once issued it remains in effect unless suspended or revoked pursuant to Subsection F of 14.5.3.13 NMAC.

F."Change of occupancy" means a change in the use of the building or portion of a building including a change of the occupancy classification or any change in use within a classification group to another occupancy in the group.

G."CID" and "division" mean the construction industries division of the regulation and licensing department.

H."CID rules" means the rules compiled in Title 14, Chapters 5 through 10 of the New Mexico Administrative Code.

I."CILA" means the Construction Industries Licensing Act, Section 60-13-1 et seq. NMSA 1978.

J."CIC" and "Commission" means the construction industries commission.

K."Code" means the statewide construction codes adopted by the commission.

L."Code Bond": means the construction license bond required in Section 60-13-49 NMSA 1978, for correction of code violations certified by the division.

M."Commercial" means a structure that is classified as having a use identified in the New Mexico Commercial Building Code, including but not limited to, assembly, business including a public building, educational, institutional, mercantile, storage or utility.

N."Commercial or industrial work" means all electrical, mechanical or plumbing work not defined as residential work in 14.6.6. NMAC.

O."Commissioning" means test procedures and results completed and certified by the registered design professional or approved agency and provided to the building owner or owner's authorized agent.

P."Completion" means the date of the issuance of a certificate of occupancy or the date of the final inspection by the governmental entity having jurisdiction over code enforcement.

Q."Contracting" has the same meaning as defined in Section 60-13-3 NMSA 1978.

R "CVD": means a code violation determination report prepared by a division employee.

S."Direct supervision" means supervision, inspection and evaluation by a certified journeyman, working in the immediate proximity of a trainee or apprentice, overseeing all classification activities as they occur while providing direction, feedback, assistance and evaluation of the work of the apprentice.

T."Director" has the same meaning as defined in Subsection N of Section 60-13-2 NMSA 1978.

U."Disqualifying criminal conviction" has the same meaning as defined in Subsection E of Section 61-1-36 NMSA 1978.

V."Electrical wiring" means installation; alteration; connection; service and maintenance; demolition; or repair of raceways; conduits; conductors; cables; boxes; fittings; wiring devices; luminaires; overcurrent devices; distribution equipment; or other equipment or apparatus that is used as part of, or in connection with, an electrical installation.

W."Fixed works" means public work projects and facilities that require specialized engineering, knowledge and skill

X."Foreman" means an owner or employee of a licensed company with experience in a particular trade who is charged with organizing and managing the execution of that trade for single or multiple projects for the licensed entity.

Y."Formal hearing" means a hearing held under the ULA, Section 60-1-1 through 60-1-33 NMSA 1978.

Z."Gross incompetence or gross negligence" means, but shall not be limited to, a significant departure from the prevailing industry standard, manufacturer specifications or any provision of CILA, ULA or rule adopted by the commission

AA."IBC" means the International Building Code currently adopted by reference.

BB."Industrial" means buildings and structures designed to house industrial processes for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair or processing operations.

CC."Informal hearing" means a hearing held pursuant to Subsection C of Section 60-13-27 NMSA 1978.

DD."Inspector" means a person certified by the division and certified by one or more trade bureaus to conduct inspections of permitted work, in the jurisdiction of the AHJ employing said inspector to ensure that all work performed by a contractor or a homeowner complies with the CILA and its administrative code.

EE."IRC" means the International Residential Code currently adopted by reference.

FF."License" means a license, registration, certificate of registration, or certificate.

GG."Licensing fee" has the same meaning as defined in Paragraph (2) of Subsection F of Section 61-1-34 NMSA 1978.

HH."LPG standards" means Section 70-5-1 et seq. NMSA 1978, LPG and CNG Act and 19.15.40 NMAC, Liquefied Petroleum Gas Standards, collectively.

II."Mechanical and or plumbing work" means installation, alteration, connection, maintenance, demolition, or repair of piping, fixtures, or equipment as defined in Section 60-13-32 NMSA 1978; ducts, appurtenances or other equipment that is used as part of, or in connection with a mechanical or plumbing system installation.

JJ."Military service member" has the same meaning as defined in Paragraph (3) of Subsection F of Section 61-1-34 NMSA 1978.

KK."NMCBC" means 14.7.2 NMAC, the currently adopted New Mexico Commercial Building Code, which adopts by reference and amends the designated IBC

LL."New Mexico certified building official" and "NMCBO " means a person who meets the qualifications of a CBO, is employed by CID as a trade bureau chief, and appointed by the director as the state of New Mexico's CBO. The NMCBO has ultimate authority over conflicts arising among AHJs other than trade bureau chiefs.

MM."New Mexico construction code(s") means any of the rules compiled in Title 14, Chapters 7 through 10 of the New Mexico Administrative Code.

NN."New restroom" means a toilet facility constructed as part of the construction of a new commercial building or facility, constructed as part of a new addition to an existing commercial building or facility, constructed as a standalone restroom facility, or a new toilet facility constructed in an existing building.

OO."NMCBC" means 14.7.2 NMAC, the currently adopted New Mexico Commercial Building Code, which adopts by reference and amends the designated IBC.

PP."NMEBC" means 14.7.7 NMAC, the currently adopted New Mexico Existing Building Code, which adopts by reference and amends the designated International Existing Building Code.

QQ."NMEBMC" means 14.7.4 NMAC, currently adopted New Mexico Earthen Building Materials Code.

RR."NMEC" means 14.10.4 NMAC, the currently adopted New Mexico Electrical Code, which adopts by reference and amends the designated National Electrical Code.

SS."NMRECC" means 14.7.6 NMAC, the currently adopted New Mexico Residential Energy Conservation Code, which adopts by reference and amends the designated International Residential Energy Conservation Code.

TT"NMCECC" means 14.7.9 NMAC, the currently adopted New Mexico Commercial Energy Conservation Code, which adopts by reference and amends the designated International Commercial Energy Conservation Code.

UU."NMESC" means 14.10.5 NMAC, the currently adopted New Mexico Electrical Safety Code, which adopts by reference and amends the designated National Electrical Safety Code.

VV."NMMC" means 14.9.2 NMAC, the currently adopted New Mexico Mechanical Code, which adopts by reference and amends the designated Uniform Mechanical Code.

WW."NMPC" means 14.8.2 NMAC, the currently adopted New Mexico Plumbing Code, which adopts by reference and amends the designated Uniform Plumbing Code.

XX."NMRBC" means 14.7.3 NMAC, the currently adopted New Mexico Residential Building Code, which adopts by reference and amends the designated International Residential Code.

YY"NMSEC" means 14.9.6 NMAC, the currently adopted Mexico Solar Energy Code, which adopts by reference and amends the designated Uniform Solar Energy Code.

ZZ."NMSPSHTC" means 14.8.3 NMAC, the currently adopted New Mexico Swimming Pool, Spa, and Hot Tub Code, which adopts by reference and amends the designated Uniform Swimming Pool, Spa, and Hot Tub Code.

AAA."NOI" means a notice of investigation prepared by a division employee.

BBB"Notice of contemplated action" ("NCA"): means the official notice to a licensee that the commission is seeking to take action against a licensee for alleged violations of the CILA or rules promulgated by the commission.

CCC."Place of public accommodation" means a structure or facility intended to accommodate members of the public as specifically provided in Section 60-13-10.3 NMSA 1978 and supplemented in Table 2902.1 of the NMCBC 14.7.2.37 NMAC.

DDD."Prime contractor" means the licensed contractor who contracted with the property owner to oversee the construction project and act as the owner's agent as defined in Subsection B of 14.6.6.8 and Subsection A of 14.6.6.9 NMAC.

EEE."Public building" means a building or other structure on publicly owned lands or used by the state, a municipality, county or other political subdivision of the state using state, municipal or county funds, bonds or other revenue

FFF."Published code" means any code or standard published by an entity other than the state of New Mexico and adopted by reference, or referred to as a standard in the CID rules.

GGG."Residential work" means work on one and two family dwelling units, and residences including apartment houses accommodating not more than four family units (Groups R-1, R-2, R-3) as defined in 14.7.2 NMAC. This includes structures in Group U, as defined in 14.7.2 NMAC, when incidental to groups R-1, R-2 and R-3.

HHH."Roof coating" means a fluid material applied in the field as a sacrificial film to the roof surface to provide weather protection over the original waterproof membrane. The coating protects the waterproof roof substrate from the weather (solar radiation, heat and moisture) and may change the appearance of the roof. Roof coatings do not replace a roof assembly or roof covering.

III."School" means a public school, a school district, a regional educational cooperative, shared maintenance program, charter school, or private school, recognized by the New Mexico public education department that offers grade levels from kindergarten through 12th grade only.

JJJ."Statewide inspector's certificate" means a state-issued 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 in which the inspector is employed and that has a certified building official in its employ.

KKK."Sub-contractor" means a licensed contractor who is hired by the prime contractor, regardless if the sub-contractor obtains its own permit or works under the permit obtained by the prime contractor.

LLL."Substantially equivalent" means the determination by the Construction Industries Division that the education, examination, and experience requirements contained in the statutes and rules of another jurisdiction are comparable to, or exceed the education, examination, and experience requirements of the Construction Industries Licensing Act.

MMM."Surety" means the insurance company authorized by the NM department of insurance to transact business in New Mexico and acts as the underwriter of a contractor's code bond.

NNN."Technically infeasible" means an alteration of a facility that has little likelihood of being accomplished because the existing structural conditions require the removal or alteration of a load-bearing member that is an essential part of the structural frame, or because other existing physical or site constraints prohibit modification or addition of elements, spaces or features which are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide accessibility.

OOO."Trade bureau" means the general construction, mechanical-plumbing, electrical or liquefied petroleum (LP) gas trade bureau of the CID.

PPP."Trade bureau chief" "TBC" means the administrative head of a New Mexico CID trade bureau charged with the administration and enforcement of the trade bureau's state adopted codes and standards. The trade bureau chiefs are the ultimate authority having jurisdiction to determine and render interpretations of their trade codes. The trade bureau chief shall recommend to the CID and the CIC all minimum standards and codes, for their specific trade(s), for adoption.

QQQ."ULA" means the Uniform Licensing Act, Section 61-1-1 et seq. NMSA 1978.

RRR."Unregistered apprentice" means a person who, for the purpose of learning a trade of journeyman and is not registered in an apprenticeship program recognized by the New Mexico state apprenticeship council.

SSS."Veteran" has the same meaning as defined in Paragraph (4) of Subsection F of Section 61-1-34 NMSA 1978.

N.M. Admin. Code § 14.5.1.7

14.5.1.7 NMAC - Rp, 14.1.1.7 NMAC, 7-1-04; A, 1-1-08; A, 10-24-08; A, 01-28-11, Adopted by New Mexico Register, Volume XXVII, Issue 21, November 15, 2016, eff. 11/15/2016, Amended by New Mexico Register, Volume XXIX, Issue 07, April 10, 2018, eff. 5/15/2018, Adopted by New Mexico Register, Volume XXXIII, Issue 03, February 8, 2022, eff. 3/10/2022