SENATE BILL 281
56th legislature - STATE OF NEW MEXICO - first session, 2023
Cliff R. Pirtle
RELATING TO CONSTRUCTION INDUSTRIES; PROVIDING FOR INDEPENDENT INSPECTORS; ESTABLISHING TIME FRAMES FOR INSPECTIONS; AMENDING AND ENACTING SECTIONS OF THE CONSTRUCTION INDUSTRIES LICENSING ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 60-13-2 NMSA 1978 (being Laws 1967, Chapter 199, Section 2, as amended by Laws 2013, Chapter 142, Section 1 and by Laws 2013, Chapter 153, Section 1) is amended to read:
"60-13-2. GENERAL DEFINITIONS.--As used in the Construction Industries Licensing Act:
A. "division" means the construction industries division of the regulation and licensing department;
B. "trade bureau", "jurisdiction" and "trade bureau jurisdiction" mean the electrical bureau, the mechanical bureau, the general construction bureau or the liquefied petroleum gas bureau of the division;
C. "jurisdictional conflict" means a conflict between or among trade bureaus as to the exercise of jurisdiction over an occupation or trade for which a license is required under the provisions of the Construction Industries Licensing Act;
D. "person" includes an individual, firm, partnership, corporation, association or other organization, or any combination thereof;
E. "qualifying party" means an individual who submits to the examination for a license to be issued under the Construction Industries Licensing Act and who is responsible for the licensee's compliance with the requirements of that act and with the rules, regulations, codes and standards adopted and promulgated in accordance with that act;
F. "certificate of qualification" means a certificate issued by the division to a qualifying party;
G. "journeyman" means an individual who is properly certified by the electrical bureau or the mechanical bureau, as required by law, to engage in or work at the certified trade;
H. "apprentice" means an individual who is engaged, as the individual's principal occupation, in learning and assisting in a trade;
I. "wages" means compensation paid to an individual by an employer from which taxes are required to be withheld by federal and state law;
J. "public use" means the use or occupancy of a structure, facility or manufactured commercial unit to which the general public, as distinguished from residents or employees, has access;
K. "bid" means a written or oral offer to contract;
L. "building" means a structure built for use or occupancy by persons or property, including manufactured commercial units and modular homes or premanufactured homes designed to be placed on permanent foundations whether mounted on skids or permanent foundations or whether constructed on or off the site of location;
M. "inspection agency" means a firm, partnership, corporation, association or any combination thereof approved in accordance with regulations as having the personnel and equipment available to adequately inspect for the proper construction of manufactured commercial units, modular homes or premanufactured homes;
N. "director" means the administrative head of the division;
O. "chief" means the administrative head of a trade bureau;
P. "commission" means the construction industries commission;
Q. "manufactured commercial unit" means a movable or portable housing structure over thirty-two feet in length or over eight feet in width that is constructed to be towed on its own chassis and designed so as to be installed without a permanent foundation for use as an office or other commercial purpose and that may include one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity, or two or more units separately towable but designed to be joined into one integral unit, as well as a single unit, but that does not include any movable or portable housing structure over twelve feet in width and forty feet in length that is used for nonresidential purposes. "Manufactured commercial unit" does not include modular or premanufactured homes, built to a nationally recognized standard adopted by the commission and designed to be permanently affixed to real property;
R. "code" means a body or compilation of provisions or standards adopted by the commission that govern contracting or some aspect of contracting; that provide for safety and protection of life and health; and that are published by a nationally recognized standards association;
S. "inspector" means a person certified by the division and certified by one or more trade bureaus to conduct inspections of permitted work to ensure that all work performed by a contractor or the homeowner complies with the applicable code;
T. "statewide inspector's certificate" means a 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 that has a certified building official in its employ; [and]
U. "certified building official" means an employee of any county, municipality or other political subdivision who has a broad knowledge of the construction industry, holds a current nationally recognized code organization certified building official certificate and has:
(1) been a practicing inspector or practicing contractor for at least five years; or
(2) held a management position in a construction-related company or construction organization for at least five of the past ten years; and
V. "independent inspector" means a licensed general contractor who has been certified as an inspector by the division and who is not an employee of the state or any county, municipality or other political subdivision."
SECTION 2. A new section of the Construction Industries Licensing Act is enacted to read:
"[NEW MATERIAL] INDEPENDENT INSPECTORS.--
A. The division shall, with the approval of the commission, establish a program for the licensing of independent inspectors.
B. Qualifications for independent inspectors shall be prescribed by the commission, and applicants shall submit to an appropriate background check as prescribed by the commission. Qualifications shall include the following:
(1) a current contractor's license enabling the independent inspector to work as a contractor in the trade for which an applicant seeks to become an independent inspector;
(2) at least five years of continuous status as a licensed contractor in the trade for which an applicant seeks to become an independent inspector immediately prior to applying for licensing as an independent inspector; and
(3) bonding in an amount established by the commission.
C. The division shall certify and issue an independent inspector's certificate to any person who meets the requirements established by the division.
D. The division shall, with the approval of the commission, establish qualifications for independent inspectors certified to inspect in more than one bureau's jurisdiction.
E. Independent inspectors shall have the same authority as state certified inspectors pursuant to Section 60-13-42 NMSA 1978."
SECTION 3. A new section of the Construction Industries Licensing Act is enacted to read:
"[NEW MATERIAL] TIME FRAME FOR INSPECTIONS.--If an inspection is not conducted by a statewide inspector or an independent inspector within seven days of a request for inspection, the subject of the inspection request shall be considered approved."
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