HOUSE BILL 674
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Brian K. Moore
AN ACT
RELATING TO CONSTRUCTION LICENSING; ALLOWING COUNTIES AND MUNICIPALITIES TO HIRE OR CONTRACT WITH INSPECTORS; REVISING QUALIFICATIONS OF MUNICIPAL AND COUNTY INSPECTORS; AMENDING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 60-13-8 NMSA 1978 (being Laws 1967, Chapter 199, Section 12, as amended) is amended to read:
"60-13-8. DIVISION--EMPLOYEES--EQUIPMENT AND SUPPLIES.--
A. The division shall employ or contract with personnel, procure equipment and supplies and assemble records as necessary to carry out the provisions of the Construction Industries Licensing Act.
B. Any person employed or placed under contract by the division or by any county or municipality for the purpose of carrying out the provisions of the Construction Industries Licensing Act and who holds any contractor's license or certificate of competence issued by the division shall, as a condition of employment, surrender the contractor's license or certificate of competence to the division to be held in inactive status. The division shall place the license or certificate on hold effective from the date the employment or contract begins until the date the employment or contract terminates. The license or certificate shall remain in effect after the hold period for the same number of days as it would have remained in effect but for the hold."
Section 2. Section 60-13-41 NMSA 1978 (being Laws 1967, Chapter 199, Section 49, as amended) is amended to read:
"60-13-41. INSPECTORS--DESIGNATED INSPECTION
AGENCIES.--
A. State inspectors shall be employed or contracted with by the director.
B. Qualifications and job descriptions for inspectors for the state, municipalities and all other political subdivisions shall be prescribed by the commission.
C. The division may appoint inspection agencies to inspect the construction, installation, alteration or repair of manufactured commercial units, modular homes and premanufactured homes, including those manufacturers whose business premises are without the state, to ensure that the New Mexico standards of construction and installation are adhered to and that the quality of construction meets all New Mexico codes and standards. If the inspection agency has no place of business within the state, it shall file a written statement with the secretary of state setting forth its name and business address and designating the secretary of state as its agent for the service of process.
D. The division may enter into reciprocal agreements with other jurisdictions having comparable codes, standards and inspection requirements for the inspection of the construction, alteration or repair of modular homes, premanufactured homes and manufactured commercial units.
E. The division may, with the approval of the commission, establish qualifications for inspectors certified to inspect in more than one bureau's jurisdiction."
Section 3. Section 60-13-42 NMSA 1978 (being Laws 1967, Chapter 199, Section 50, as amended) is amended to read:
"60-13-42. AUTHORITY OF INSPECTORS--LIMITATION.--
A. A state certified inspector may, during reasonable hours, enter any building or go upon any premises in the discharge of [his] the inspector's official duties for the purpose of making an inspection of work performed or for the purpose of testing any installation authorized within the jurisdiction of [his] the inspector's trade certification. [He] The inspector may cut or disconnect, or have cut or disconnected in cases of emergency, any installation or device when necessary for safety to life or property or where the installation may interfere with the work of a fire department.
B. The inspector may disconnect or order the discontinuance of any service to any installation, device, appliance or equipment found to be dangerous to life or property because it is defective or is incorrectly installed, until the installation, device, appliance or equipment is made safe and is approved by the inspector.
C. The inspector may order the correction of any defects or any incorrect installation [which] that prompted the disconnection and discontinuance of service.
D. In all cases where disconnection is made, a notice shall be attached by the inspector to the installation, device, appliance or equipment disconnected, which notice shall state that the same has been disconnected by or on order of the inspector and the reason for the disconnection. It is unlawful for any person to remove the notice or to use the installation, device, appliance or equipment without authorization of an inspector.
E. The powers granted by this section to any municipal inspector may be exercised [by him] only in the localities where [he] the municipal inspector is authorized to make inspection.
F. Nothing in the Construction Industries Licensing Act shall be construed to limit the ability of a certified municipal or county inspector to contract with a municipality or county to perform inspections.
[F.] G. The division shall by regulation adopt official inspection stickers or medallions for the purpose of identifying those modular homes and premanufactured homes [which] that have been inspected and found to comply with all requirements of the state codes and standards. State inspection and acceptance for use of modular homes and premanufactured homes shall exclusively apply to the use and occupancy of such dwellings in the state and in any of its political subdivisions, subject to the requirements of local planning and zoning ordinances and ordinances requiring permits and inspections for foundations, electrical and mechanical hookups or other safety or sanitary requirements."
Section 4. Section 60-13-43 NMSA 1978 (being Laws 1967, Chapter 199, Section 51, as amended) is amended to read:
"60-13-43. QUALIFICATION OF MUNICIPAL AND COUNTY INSPECTORS.--
A. [No] A person shall not be employed or contracted with by any municipality or county as an inspector unless [he] the person holds a national certification for the type of inspection services to be performed, or has first secured approval from the division of [his] the person's competence as an inspector. An inspector who holds a current national inspection certification shall be considered as being competent for the type of inspections for which the inspector has been certified, and such certification shall be considered as being the equivalent of any experience required.
B. A person holding a certification in one or more specialties from a national certifying organization recognized by the division shall be permitted to inspect in any one or all of those specialties as long as the inspector remains certified by such certifying organization.
[B.] C. Trade bureaus shall issue to all approved municipal and county inspectors a certificate setting forth the fact of approval. An inspector shall have a current national certification at all times and a copy of the current certification shall be on file with the trade bureau chief.
[C.] D. Certification by the division shall remain in effect unless rescinded by action of the commission.
[D.] E. Any complaint brought against a certified municipal or county inspector shall cause the director to assign an investigator to investigate the merits of the complaint and report to the commission within thirty days.
F. A municipality or county may contract with a certified municipal or county inspector if:
(1) it receives an affidavit verifying the authenticity of the contractual relationship; and
(2) a supervising building official is responsible for the code determinations made by the contracting inspector."
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