New Mexico § 60-13-44 - Trade bureaus; standards; conflicts

§ 60-13-44. Trade bureaus; standards; conflicts

A. The electrical bureau shall recommend to the commission minimum standards for the

installation or use of electrical wiring. The recommendations shall substantially embody the applicable provisions of an electrical

code for safety to life and property promulgated by a nationally recognized association

and developed through an open, balanced consensus process. B. The mechanical bureau shall recommend to the commission minimum standards for the

installation of all fixtures, consumers' gas pipe, appliances and materials installed

in the course of a mechanical installation. The recommendations shall be in substantial conformity with codes and standards

that are developed through an open, balanced consensus process. Manufacturers may choose the independent certification organization they wish to

certify their products if the certification organization is accredited by the American

national standards institute or other accreditation organization selected by the commission. C. The general construction bureau shall recommend to the commission minimum standards

for the construction, alteration or repair of buildings, except for those activities

within the jurisdiction of the electrical bureau or the mechanical bureau. The recommendations shall substantially embody the applicable provisions of a nationally

recognized building code that is developed through an open, balanced consensus process

and shall give due regard to physical, climatic and other conditions peculiar to New

Mexico. The standards shall include the authority to permit or deny occupancy of existing

and new buildings or structures and authority to accept or deny the use of materials

manufactured within or without the state. The general construction bureau may set minimum fees or charges for conducting tests

to verify claims or specifications of manufacturers. D. The general construction bureau shall recommend to the commission additional specifications

for any public building constructed in the state through expenditure of state, county

or municipal funds, bonds and other revenues, which specifications shall embody standards

making the building accessible to persons who have a physical disability, and the

specifications shall conform substantially with those contained in a nationally recognized

standard for making public facilities accessible to persons with a physical disability

that is developed through an open, balanced consensus process. All orders and rules recommended by the general construction bureau and adopted

by the commission under the provisions of this section shall be printed and distributed

to all licensed contractors, architects and engineers and to the governor's commission

on disability. The orders and rules shall take effect on a date fixed by the commission, which

shall not be less than thirty days after their adoption by the commission, and shall

have the force of law. E. The general construction bureau shall have the right of review of all specifications

of public buildings and the responsibility to ensure compliance with the adopted standards. F. All political subdivisions of the state are subject to the provisions of codes

adopted and approved under the Construction Industries Licensing Act. Such codes constitute a minimum requirement for the codes of political subdivisions. G. The trade bureaus within their respective jurisdictions shall recommend to the

commission standards that are developed through an open, balanced consensus process

for the installation or use of electrical wiring, the installation of all fixtures,

consumers' gas pipe, appliances and materials installed in the course of mechanical

installation and the construction, alteration or repair of all buildings intended

for use by persons with a physical disability or persons requiring special facilities

to accommodate the aged. The recommendations shall give due regard to physical, climatic and other conditions

peculiar to New Mexico. H. The trade bureaus within their respective jurisdictions shall recommend to the

commission standards for the construction, alteration, repair, use or occupancy of

manufactured commercial units, modular homes and premanufactured homes. The recommendations shall substantially embody the applicable provisions or standards

for the safety to life, health, welfare and property approved by the nationally recognized

standards association and developed through an open, balanced consensus process and

shall give due regard to physical, climatic and other conditions peculiar to New Mexico. Wherever existing state codes or standards conflict with the codes and standards

adopted by the commission under the provisions of this subsection, the provisions

of the applicable New Mexico building codes adopted pursuant to the Construction Industries

Licensing Act and the LPG and CNG Act in effect at the applicable time shall exclusively

apply and control, except for codes and standards for mobile housing units. I. Modular homes and premanufactured homes in existence at the time of the effective

date of the Construction Industries Licensing Act shall have their use or occupancy

continued if such use or occupancy was legal on the effective date of that act, provided

such continued use or occupancy is not dangerous to life. Any change in the use or occupancy or any major alteration or repair of a modular

home or premanufactured home shall comply with all codes and standards adopted under

the Construction Industries Licensing Act. J. The commission shall review all recommendations made under the provisions of this

section and shall by rule adopt standards and codes that substantially comply with

the requirements of this section that apply to the recommendations of the trade bureaus.