0001| AN ACT | 0002| RELATING TO CONSTRUCTION INDUSTRIES LICENSING; PROVIDING FOR AN | 0003| EXEMPTION FROM THE REQUIREMENTS OF PERMITS FOR CERTAIN WEATHERIZATION | 0004| PROJECTS. | 0005| | 0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0007| Section 1. Section 60-13-3 NMSA 1978 (being Laws 1978, Chapter | 0008| 66, Section 1, as amended) is amended to read: | 0009| "60-13-3. DEFINITION--CONTRACTOR.--As used in the Construction | 0010| Industries Licensing Act, "contractor": | 0011| A. means any person who undertakes, offers to undertake by | 0012| bid or other means or purports to have the capacity to undertake, by | 0013| himself or through others, contracting. Contracting includes but is | 0014| not limited to constructing, altering, repairing, installing or | 0015| demolishing any: | 0016| (1) road, highway, bridge, parking area or related | 0017| project; | 0018| (2) building, stadium or other structure; | 0019| (3) airport, subway or similar facility; | 0020| (4) park, trail, bridle path, athletic field, golf | 0021| course or similar facility; | 0022| (5) dam, reservoir, canal, ditch or similar facility; | 0023| (6) sewerage or water treatment facility, power | 0024| generating plant, pump station, natural gas compressing station or | 0025| similar facility; | 0001| (7) sewerage, water, gas or other pipeline; | 0002| (8) transmission line; | 0003| (9) radio, television or other tower; | 0004| (10) water, oil or other storage tank; | 0005| (11) shaft, tunnel or mining appurtenance; | 0006| (12) leveling or clearing land; | 0007| (13) excavating earth; | 0008| (14) air conditioning, conduit, heating or other | 0009| similar mechanical works; | 0010| (15) electrical wiring, plumbing or plumbing fixture, | 0011| consumers' gas piping, gas appliances or water conditioners; or | 0012| (16) similar work, structures or installations which | 0013| are covered by applicable codes adopted under the provisions of the | 0014| Construction Industries Licensing Act; | 0015| B. includes subcontractor and specialty contractor; | 0016| C. includes a construction manager who coordinates and | 0017| manages the building process; who is a member of the construction team | 0018| with the owner, architect, engineer and other consultants required for | 0019| the building project; and who utilizes his skill and knowledge of | 0020| general contracting to develop schedules, prepare project construction | 0021| estimates, study labor conditions and advise concerning construction; | 0022| and | 0023| D. does not include: | 0024| (1) any person who merely furnishes materials or | 0025| supplies at the site without fabricating them into, or consuming them | 0001| in the performance of, the work of a contractor; | 0002| (2) any person who drills, completes, tests, abandons | 0003| or operates any petroleum, gas or water well; or services equipment | 0004| and structures used in the production and handling of any product | 0005| incident to the production of any petroleum, gas or water wells, | 0006| excluding any person performing duties normally performed by | 0007| electrical, mechanical or general contractors; or who performs | 0008| geophysical or similar exploration for oil, gas or water; | 0009| (3) a public utility or rural electric cooperative | 0010| which constructs, reconstructs, operates or maintains its plant or | 0011| renders authorized service by the installation, alteration or repair | 0012| of facilities, up to and including the meters, which facilities are an | 0013| integral part of the operational system of the public utility or rural | 0014| electric cooperative; provided that the construction of a building by | 0015| a public utility or rural electric cooperative or the installation or | 0016| repair of any consumer gas or electrical appliance not an integral | 0017| part of the operational system makes a public utility or rural | 0018| electric cooperative a contractor for that purpose; | 0019| (4) a utility department of any municipality or local | 0020| public body rendering authorized service by the installation, | 0021| alteration or repair of facilities, up to and including the meters, | 0022| which facilities are an integral part of the operational system of the | 0023| utility department of the municipality; | 0024| (5) any railroad company; | 0025| (6) a telephone or telegraph company or rural | 0001| electric cooperative which installs, alters or repairs electrical | 0002| equipment and devices for the operation of signals or the transmission | 0003| of intelligence where that work is an integral part of the operation | 0004| of a communication system owned and operated by a telephone or | 0005| telegraph company or rural electric cooperative in rendering | 0006| authorized service; | 0007| (7) a pipeline company which installs, alters or | 0008| repairs electrical equipment and devices for the operation of signals | 0009| or the transmission of intelligence where that service is an integral | 0010| part of the operation of the communication system of that pipeline | 0011| company and is not for hire or for the use of the general public, or | 0012| any pipeline company which installs, alters or repairs plumbing | 0013| fixtures or gas piping where the work is an integral part of | 0014| installing and operating the system owned or operated by the pipeline | 0015| company in rendering its authorized service; | 0016| (8) any mining company, gas company or oil company | 0017| which installs, alters or repairs its facilities, including but not | 0018| limited to plumbing fixtures or gas piping, where the work is an | 0019| integral part of the installing or operating of a system owned or | 0020| operated by the mining company, gas company or oil company; provided | 0021| the construction of a building by a mining company, a gas company or | 0022| an oil company is required to be done in conformity with all other | 0023| provisions of the Construction Industries Licensing Act and with | 0024| orders, rules, regulations, standards and codes adopted pursuant to | 0025| that act; | 0001| (9) a radio or television broadcaster who installs, | 0002| alters or repairs electrical equipment used for radio or television | 0003| broadcasting; | 0004| (10) an individual who, by himself or with the aid of | 0005| others who are paid wages and who receive no other form of | 0006| compensation, builds or makes installations, alterations or repairs in | 0007| or to a single-family dwelling owned and occupied or to be occupied by | 0008| him; provided that the installation, building, alteration or repair is | 0009| required to be done in conformity with all other provisions of the | 0010| Construction Industries Licensing Act and with the orders, rules, | 0011| regulations, standards and codes adopted pursuant to that act; | 0012| (11) a person who acts on his own account to build or | 0013| improve a single-family residence for his personal use, including the | 0014| building or improvement of a free standing storage building located on | 0015| that residential property, provided that the construction or | 0016| improvement is required to be done in conformity with all other | 0017| provisions of the Construction Industries Licensing Act and with the | 0018| orders, rules, regulations, standards and codes adopted pursuant to | 0019| that act, and provided further that he does not engage in commercial | 0020| construction; | 0021| (12) a person who, by himself or with the aid of | 0022| others who are paid wages and receive no other form of compensation, | 0023| builds or makes installations, repairs or alterations in or to a | 0024| building or other improvement on a farm or ranch owned, occupied or | 0025| operated by him, or makes installations of electrical wiring which are | 0001| not to be connected to electrical energy supplied from a power source | 0002| outside the premises of the farm or ranch owned, occupied or operated | 0003| by him; provided that the state codes and any local codes adopted | 0004| pursuant to Subsection F of Section 60-13-44 NMSA 1978 shall not | 0005| require any permits or inspections for such construction on a farm or | 0006| ranch except for electrical wiring to be connected to a power source | 0007| outside the premises; | 0008| (13) an individual who works only for wages; | 0009| (14) an individual who works on one undertaking or | 0010| project at a time which, in the aggregate or singly, does not exceed | 0011| seven thousand two hundred dollars ($7,200) compensation a year, the | 0012| work being casual, minor or inconsequential such as, but not limited | 0013| to, handyman repairs; provided that this exemption shall not apply to | 0014| any undertaking or project pertaining to the installation, connection | 0015| or repair of electrical wiring, plumbing or gas fitting as defined in | 0016| Section 60-13-32 NMSA 1978 and provided: | 0017| (a) the work is not part of a larger or major | 0018| operation undertaken by the same individual or different contractor; | 0019| (b) the individual does not advertise or | 0020| maintain a sign, card or other device which would indicate to the | 0021| public that he is qualified to engage in the business of contracting; | 0022| and | 0023| (c) the individual files annually with the | 0024| division, on a form prescribed by the division, a declaration | 0025| substantially to the effect that he is not a contractor within the | 0001| meaning of the Construction Industries Licensing Act, that the work he | 0002| performs is casual, minor or inconsequential and will not include more | 0003| than one undertaking or project at one time and that the total amount | 0004| of such contracts, in the aggregate or singly, will not exceed seven | 0005| thousand two hundred dollars ($7,200) compensation a year; | 0006| (15) any person, firm or corporation which installs | 0007| fuel containers, appliances, furnaces and other appurtenant apparatus | 0008| as an incident to its primary business of distributing liquefied | 0009| petroleum fuel; | 0010| (16) a cable television or community antenna | 0011| television company which constructs, installs, alters or repairs | 0012| facilities, equipment, cables or lines for the provision of television | 0013| service or the carriage and transmission of television or radio | 0014| broadcast signals; or | 0015| (17) any weatherization project not exceeding | 0016| two thousand dollars ($2,000) that has been approved and is | 0017| administered by a federal or state agency."". |