New Mexico § 60-14-4 - Powers and duties of division

§ 60-14-4. Powers and duties of division

The division shall: A. prepare, administer and grade examinations for licensure under the classification

sought by each applicant; B. issue licenses and certificates of qualification in accordance with the provisions

of the Manufactured Housing Act; C. establish and collect fees authorized to be collected by the division pursuant

to the Manufactured Housing Act; D. subject to the approval of the committee, adopt rules and regulations relating

to the construction, repair, modification, installation, tie-down, hookup and sale

of all manufactured homes, which regulations shall be uniform throughout the state

and shall be enforced by inspectors for the division to insure minimum standards of

safety within the state and any of its political subdivisions. Ordinances of any political subdivision of New Mexico relating to gas, including

natural gas, liquefied petroleum gas or synthetic natural gas; electricity; sanitary

plumbing; and installation or sale of manufactured homes shall not be inconsistent

with any rules, regulations, codes or standards adopted by the division pursuant to

the Manufactured Housing Act; E. adopt a budget and submit it to the regulation and licensing department for approval; F. make an annual report to the superintendent of regulation and licensing concerning

the operations of the division. The report shall contain the division's recommendations for legislation that it

deems necessary to improve the licensing and the ethical and technical practices of

the manufactured housing industry and to protect the public welfare; G. subject to the approval of the committee, adopt such rules, regulations, codes

and standards as are necessary to carry out the provisions of the Manufactured Housing

Act; H. prepare a uniform manufacturer's warranty and require its adoption as a condition

of licensure by all manufacturers of manufactured homes doing business in New Mexico; I. subject to the approval of the committee, adopt by regulation the mobile home construction

and safety standards contained in the National Mobile Home Construction and Safety

Standards Act of 1974, 42 U.S.C. 5401 et seq., as amended; J. subject to the approval of the committee, adopt by regulation the mobile home procedural

and enforcement regulations, 24 C.F.R. 3282 , as amended, promulgated by the department of housing and urban development pursuant

to the National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq., as amended; K. issue permits and provide for a single inspection of every installation in New

Mexico, regardless of the location; L. subject to the approval of the committee, adopt regulations prescribing standards

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

plumbing, consumer's gas pipe, including natural gas, liquefied petroleum gas and

synthetic natural gas, appliances and materials installed in the course of mechanical

installation; and the construction, alteration, installation and repair of all manufactured

homes intended for use in flood or mudslide areas designated pursuant to Section 3-18-7 NMSA 1978 . The regulations shall give due regard to standards prescribed by the federal insurance

administration pursuant to regulation 1910, Subsection 7(d), 79 Stat. 670, Section

1361, 82 Stat. 587 and 82 Stat. 5757, all as amended, and shall give due regard to

physical, climatic and other conditions peculiar to New Mexico; M. conduct “inspector schools” so that each inspector under the division's jurisdiction

is capable of giving a complete one-time inspection for the sufficiency of unit installation,

construction and mechanical and electrical systems; N. enter into cooperative agreements with federal agencies relating to manufactured

housing and accept and use federal grants, matching funds or other financial assistance

to further the purposes of the Manufactured Housing Act. The division may enter into agreements with municipalities and counties to provide

for the inspection of manufactured homes by employees of municipalities and counties,

to be performed under the supervision and control of the division. The division may allow all or a portion of the inspection fee collected by a local

public body to be retained by the local public body. The portion of the fee retained shall be determined by the division and shall be

related to the completeness of the inspection performed; O. administer oaths through any member of the division, the director or a hearing

officer; P. subject to the approval of the committee, adopt rules and regulations for the conducting

of hearings and the presentation of views, consistent with the regulations promulgated

by the department of housing and urban development, 24 C.F.R. 3282.151 through 3282.156 , as amended; Q. subject to the approval of the committee, adopt by regulation a requirement that

dealers, repairmen and installers provide to consumers warranties on their product

and work and prescribe by regulation minimum requirements of such warranties; R. coordinate with and qualify inspectors for any multiple inspection program provided

by the construction industries division of the regulation and licensing department

for inspection of manufactured homes; S. subject to the approval of the committee, adopt regulations, codes and standards

for manufactured homes used for nonresidential purposes; provided such manufactured

homes being used for nonresidential purposes on May 18, 1988 shall not be required

to meet Uniform Building Code standards, except as to requirements for access to the

handicapped, but manufactured homes being used for nonresidential purposes after May

18, 1988 shall be required to meet Uniform Building Code standards. None of the provisions contained in this subsection shall apply to retailers licensed

by the motor vehicle division of the taxation and revenue department; and T. with the approval of the superintendent of regulation and licensing, employ such

personnel as the director deems necessary for the exclusive purposes of investigating

violations of the Manufactured Housing Act, enforcing Section 60-14-17 NMSA 1978 and instituting legal action in the name of the division to enforce the provisions

of Section 60-14-19 NMSA 1978 .