N.M. Admin. Code § 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.
Notes
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