N.M. Admin. Code § 14.5.2.19

Current through Register Vol. 35, No. 21, November 5, 2024

Section 14.5.2.19 - ANNUAL PERMIT

A. Commercial:

(1)Types and scopes:

(a)Electrical repair maintenance commercial (ERMC) permits. The scope of this permit includes the repair or maintenance performed on existing electrical systems in commercial facilities. Repair and maintenance means work that is necessary to maintain an established, approved electrical, which work is required to keep the system operating in its original approved function and configuration. Repair and maintenance includes a like-for-like exchange of a portion or portions of an approved electrical system, but does not include work on systems that are generally considered in the industry to be related to be life safety systems, or work that entails new construction, relocation, expansion or alteration of an electrical system or any portion thereof. Life safety systems include systems intended to protect the occupants of the structure such as fire protection, controls for smoke evacuation systems, energy, and egress lighting systems, except replacement of light bulbs and batteries in emergency lights and exit signs.

(b)Mechanical repair maintenance commercial (MRMC) permits . The scope of this permit includes the repair or maintenance performed on existing mechanical/plumbing systems in commercial facilities. Repair and maintenance means work that is necessary to maintain an established, approved mechanical/plumbing system, which work is required to keep the system operating in its approved function and configuration. Repair and maintenance includes a like-for-like exchange of a portion or portions of an approved mechanical/plumbing system, but does not include work on systems that are generally considered in the industry to be related to be life safety systems, or work that entails new construction, relocation, expansion or alteration of a mechanical/plumbing system or any portion thereof. Life safety systems include systems intended to protect the occupants of the structure such as fire protection and smoke evacuation systems.

(c) General construction repair and maintenance work that is required as a direct consequence of, or that is necessary to, work performed pursuant to a commercial annual permit is considered incidental work and is authorized under the ERMC and the MRMC permits. All such general construction work must be reported pursuant to Paragraph (6), below, and whether or not general construction work is covered by commercial annual permit will be determined by the division. If there is a question as to whether general construction repair and maintenance is incidental work and therefore allowed within the confines of an annual permit, the permit holder shall contact the general construction bureau chief to determine if the work properly falls within the annual permit. General construction work that is not covered by a commercial annual permit will subject the permit holder to penalties as provided in the Act and the CID rules.

(2)Issuance. Commercial annual permits may be issued to:

(a) A commercial entity duly authorized to conduct business in New Mexico employing certified journeymen; or

(b) a licensed contractor holding one of the following classifications of license that has a written contract with a commercial entity to perform work for the commercial entity covered by an commercial repair and maintenance annual permit:

(i) for an ERMC permit: EE98, EL1, ES3, ES7;

(ii) for an MRMC permit: MM1, 2, 3, 4 and MM98;

(iii) allowed work is limited to the scope of the classification.

(c) Work to be performed under a commercial annual permit may only be performed by a journeyman, pursuant to Subsection A of 14.6.6.10 NMAC or Subsection A of 14.6.6.11 NMAC, properly certified by the division in the classification of work to be performed pursuant to the permit, who is an employee of the authorized entity, or of the licensee, to whom the permit was issued. In no case shall experience gained under an annual permit count for more than one-fourth of the experience requirement for a qualifying party or a journeyman certification.

(3)Duration.

(a) Commercial annual permits are valid for 12 months from the date of issuance and are renewable upon submission of a completed approved application. ERMC and MRMC permits automatically expire on the first day of the 13th month after the month of issuance. Permits are subject to the provisions of:

(b)14.5.2.13 NMAC Suspension, cancellation, revocation.

(c)14.5.2.14 NMAC Expiration and deactivation of permits.

(4)Denial. See 14.5.2.15 NMAC.

(5)Failure to obtain permit. See 14.5.2.16 NMAC.

(6)Report log. All work performed pursuant to a commercial annual permit must be recorded by the permit holder in a log that contains, at a minimum, the following information:

(a) the location of the work with sufficient specificity that an inspector can locate the work;

(b) the date the work was performed;

(c) a description of the work performed;

(d) the name of the individual who performed the work and the individual's journeyman classification and certificate number;

(e) the entity permit, or the contractor license number, to whom the permit covering the work was issued.

(7)Audit and Inspections. All work performed under a commercial annual permit is subject to audit and inspection by CID and must comply with all applicable codes and rules. Each quarter, all annual permit holders shall submit copies of their report logs to the appropriate trade bureau of all work performed through use of the annual permit. Upon review of the audit materials, the specific trade bureau shall determine if an in-person inspection is necessary and, if appropriate, shall arrange for the inspection.

(8)Violations.

(a) If, upon audit and subsequent inspection of annual permit work, any permitted work is found not to be in full compliance with annual permit requirements or applicable codes, the inspector shall serve a written notice on the permittee citing the violation observed and ordering that the violation be corrected. The permittee is responsible for notifying the inspector when all corrections have been made and the work is ready for re-inspection. Failure to comply with a correction, or other written notice within the time required by the inspector or, if no time is specified, within a reasonable time, is a violation of the CID rules and may result in disciplinary action by the division.

(b) If the work inspected is not recorded fully and accurately on the log, the inspector shall provide a written report to the TBC for appropriate action. If the failure constitutes a health or safety hazard the inspector shall take appropriate action pursuant to Section 60-13-42 NMSA 1978, if appropriate and also immediately notify the TBC. The annual permit is subject to cancellation and the holder may not be eligible to apply for another annual permit for one year thereafter.

(c) If the work inspected or logged in is not authorized by the terms and conditions of the annual permit, the inspector shall notify the TBC for appropriate action. If the violation constitutes a health or safety hazard the inspector shall take action pursuant to Section 60-13-42 NMSA 1978, if appropriate and also immediately notify the TBC. The annual permit is subject to cancellation and the holder may not be eligible to apply for another annual permit for one year thereafter.

(9)Limitation. Commercial annual permits may only be issued by CID.

(10) Commercial buildings that are classified pursuant to the NMCBC as having an industrial use will be considered as commercial buildings for annual permit purposes.

B.SCHOOL:

(1)Types.

(a)Electrical repair maintenance school s (ERMS) permit. The scope of this permit includes the repair or maintenance performed on existing 120-volt (277-volt lighting circuits) or less, de-energized electrical systems in a school, and is intended to allow a like-for-like exchange of a portion or portions of an existing electrical system. It does not include:

(i) work on life safety systems which are intended to protect the occupants of the structure such as fire protection, controls for smoke evacuation systems, energy, and egress lighting systems, except replacement of light bulbs and batteries in emergency lights and exit signs;

(ii) work that entails new construction, relocation, expansion or alteration of an electrical system or any portion thereof;

(iii) work on energized electrical systems of any kind;

(iv) boilers; or

(v) work product or process that is hazardous to the maintenance technician, the occupants of a school or the public.

(b)Mechanical repair maintenance school s (MRMS) permits. The scope of this permit includes the repair or maintenance performed on existing plumbing or mechanical systems that are necessary to maintain an established, approved mechanical/plumbing system, which work is required to keep the installation operating in its approved function and configuration. Repair and maintenance includes a like-for-like exchange of a portion or portions of an approved mechanical/plumbing system in a school. It does not include:

(i) work on life safety systems which are intended to protect the occupants of the structure such as fire protection and smoke evacuation systems;

(ii) venting;

(iii) work that entails new construction, relocation, expansion or alteration of a mechanical or plumbing system or any portion thereof;

(iv) work on gas piping systems of any kind, except repair of low-pressure gas leaks downstream of the isolation valve to the appliance, limited to supply tubes or connections to gas valves or fuel train;

(v) repair or replacement of gas valves, regulators or fuel train;

(vi) boilers;

(vii) work product or process that is hazardous to the maintenance technician, the occupants of the school or the public.

(c)General repair maintenance schools (GRMS) permits. The scope of this permit includes the repair and maintenance of existing structures in a school and is intended to allow for the exchange of like parts or components in an existing structure. The scope of this permit is limited to the maintenance and repair of non-structural facility components: drywall and ceiling surfaces, room partitions, wall and window replacement; patching roof surfaces not to exceed 100 square feet; asphalt, concrete, playground and athletic equipment, and site drainage. It does not include new construction of any kind, or work that modifies egress, affects fire resistance or structural integrity of a wall, or any work product or process that is hazardous to the maintenance technician, the occupants of the school or the public.

(2)Issuance.

(a) School annual permits authorized for electrical and mechanical/plumbing work by this section may be issued to a school that employs at least one journeyman who holds a valid certification in the classification covering the work to be performed.

(b) Electrical and mechanical/plumbing work to be performed under the school annual permit shall only be performed by a journeyman pursuant to Subsection A of 14.6.4.8 NMAC or an apprentice pursuant to Subsection H of Section 60-13-2 NMSA 1978 of the CILA under the supervision of a licensed journeyman at a ratio of one to one. In no case shall experience gained under an annual permit count for more than one-fourth of the experience requirement for a qualifying party or journeyman certificate.

(c) There are no certification requirements for general repair maintenance school permit work.

(3)Duration.

(a) Permits authorized by this rule are valid for 12 months from the date of issuance and are renewable upon submission of a completed approved application. These permits automatically expire on the first day of the thirteenth month following the month of issuance. Permits are subject to the provisions of

(b)14.5.2.13 NMAC Suspension, cancellation, revocation.

(c)14.5.2.14 NMAC Expiration and deactivation of permit.

(4)Denial, see 14.5.2.15 NMAC.

(5)Failure to obtain permit, see 14.5.2.16 NMAC.

(6)Report log. All work performed pursuant to a permit issued according to this rule must be recorded by the permit holder in a log that contains, at a minimum, the following information:

(a) the location of the work with sufficient specificity that an inspector can locate the work;

(b) the date the work was performed;

(c) a description of the work performed;

(d) the name of the individual who performed the work and the individual's journeyman classification and certificate number;

(e) the entity permit number issued to the school for the work performed.

(7)Audit and Inspection. All work performed under a school annual permit issued pursuant to this rule is subject to audit and inspection by CID and must comply with all applicable codes and rules. Each quarter annual permit holders shall submit copies of their report logs to the appropriate trade bureau of all work performed through use of the annual permit. The appropriate trade bureau shall determine, upon review of the audit materials, if an in-person inspection is necessary and, if appropriate, shall arrange for the inspection.

(8)Violations

(a) If, upon an inspection of the annual permitted work, any work is found not to be in full compliance with annual permit requirements, the inspector shall serve a written notice on the permittee citing the violation observed and ordering that the violation be corrected. The permittee is responsible for notifying the inspector when all corrections have been made and the work is ready for re-inspection. Failure to comply with a correction, or other written, notice within the time required by the inspector or, if no time is specified, within a reasonable time is a violation of the CID rules and may result in disciplinary action by the division.

(b) If the work inspected is not recorded fully and accurately on the log, the inspector shall provide a written report to the TBC for appropriate action. If the failure constitutes a health or safety hazard the inspector shall take appropriate action pursuant to Section 60-13-42 NMSA 1978, if appropriate and also immediately notify the TBC. The annual permit is subject to cancellation and the holder may not be eligible to apply for another annual permit for one year thereafter.

(c) If the work inspected or logged in is not authorized by the terms and conditions of the annual permit, the inspector shall notify the TBC for appropriate action. If the violation constitutes a health or safety hazard the inspector shall take appropriate action pursuant to Section 60-13-42 NMSA 1978, if appropriate and also immediately notify the TBC. The annual permit is subject to cancellation and the holder may not be eligible to apply for another annual permit for one year thereafter.

(9)Limitations. School annual permits may only be issued by CID.

N.M. Admin. Code § 14.5.2.19

14.5.2.19 NMAC - Rp, 14.5.2.10 NMAC, 7-1-04; A, 09-02-09; A, 01-01-10; A, 11-01-13, Adopted by New Mexico Register, Volume XXVII, Issue 21, November 15, 2016, eff. 11/15/2016, Adopted by New Mexico Register, Volume XXXIII, Issue 03, February 8, 2022, eff. 3/10/2022