New Mexico § 60-13-41 - Inspectors; designated inspection agencies

§ 60-13-41. Inspectors; designated inspection agencies

A. State inspectors shall be employed by the director. B. Qualifications for inspectors shall be prescribed by the commission, and applicants

shall submit to an appropriate background check as prescribed by the commission. Inspectors shall meet the minimum continuing education requirements as prescribed

by the nationally recognized code organization for each trade bureau jurisdiction

and provide proof of such credits to the division upon application for or renewal

of certification. C. The division shall certify and issue a statewide inspector's certificate to any

person who meets the requirements established by the nationally recognized code organization

for certification. The certificate shall list all trade bureaus for which the inspector is certified

to inspect and shall be valid for a term of three years. D. An inspector shall be employed by a county, municipality or other political subdivision

in order to inspect work under permits issued in the trade bureau for which the inspector

is certified; provided that the county, municipality or other political subdivision

has a certified building official in its employ and has adopted the current minimum

code standards as established by the commission. E. Except as provided in Subsection F of this section, the state or its agent shall

conduct all inspections if a county, municipality or other political subdivision does

not have a certified building official in its employ. F. A county, municipality or other political subdivision may enter into a memorandum

of understanding to share a certified building official and inspectors operating under

that certified building official with another county, municipality or other political

subdivision; provided that the certified building official is employed in the same

county, in an adjacent county, within one hundred miles of the county, municipality

or other political subdivision or as approved by the division. G. A person currently acting in the capacity of a certified building official may

continue to act in that capacity and shall have five years from the effective date

of this 2013 act to become a certified building official as prescribed by the Construction

Industries Licensing Act. When a certified building official leaves the employ of a county, municipality or

other political subdivision, the plan review, permitting and inspections overseen

by that certified building official shall transfer to the state unless the county,

municipality or other political subdivision, within sixty days or a longer period

as approved by the division, replaces that certified building official or enters into

a memorandum of understanding pursuant to Subsection F of this section. H. 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. I. The division shall, with the approval of the commission, establish qualifications

for inspectors certified to inspect in more than one bureau's jurisdiction. J. The director shall assign an investigator to investigate the merits of every complaint

brought against an inspector and report to the commission within ten days.