HB0644

HOUSE BILL 644

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Rodolpho "Rudy" S. Martinez and Harry Garcia

AN ACT

RELATING TO CONSTRUCTION INDUSTRIES; ENACTING THE ELEVATOR SAFETY ACT; ESTABLISHING THE ELEVATOR SAFETY BUREAU; PROVIDING FOR INSPECTION AND REGISTRATION OF ELEVATORS; PROVIDING CIVIL AND CRIMINAL PENALTIES; AMENDING SECTIONS OF THE CONSTRUCTION INDUSTRIES LICENSING ACT; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 18 of this act may be cited as the "Elevator Safety Act".

SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Elevator Safety Act:

A. "apprentice" means a person who is enrolled in an apprenticeship training program for mechanics, which program meets the requirements of the Elevator Safety Act, and who works under the supervision of a mechanic;

B. "apprenticeship training program" means an apprenticeship training program that:

(1) is registered with and approved by the federal department of labor and the workforce solutions department for providing education and skills training in the conveyance industry;

(2) has graduated apprentices for at least three of the past five years; and

(3) requires a course of education and training in the conveyance trade that consists of a minimum of eight thousand hours of supervised on-the-job training and one hundred forty-four hours of related technical education per year from a provider of training and educational services in the conveyance industry that has been approved by the commission;

C. "bureau" means the elevator safety bureau of the division;

D. "certificate of operation" means a document issued by the bureau that indicates the conveyance has passed the required safety inspection and tests and fees have been paid as set forth in the Elevator Safety Act;

E. "commission" means the construction industries commission;

F. "contractor" means a sole proprietorship, partnership, firm or corporation that:

(1) is engaged in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining conveyances;

(2) is properly licensed as a contractor by the division pursuant to the Construction Industries Licensing Act; and

(3) employs mechanics and apprentices pursuant to the Elevator Safety Act;

G. "conveyance" means:

(1) a hoisting and lowering mechanism equipped with a car or platform that moves between two or more landings, including elevators, escalators, moving sidewalks, platform lifts or stairway chair lifts for carrying persons between landings; and

(2) a hoisting and lowering mechanism that is equipped with a car, that serves two or more landings and that is restricted to carrying materials by its limited size and limited access;

H. "director" means the director of the division;

I. "division" means the construction industries division of the regulation and licensing department;

J. "inspector" means an individual who:

(1) is engaged in the inspection of elevators and related conveyances to determine compliance with adopted standards;

(2) possesses an American society of mechanical engineers certification as a qualified elevator inspector; and

(3) is certified pursuant to the Elevator Safety Act;

K. "mechanic" means an individual who:

(1) possesses a journeyman elevator mechanic's certification pursuant to the provisions of the Elevator Safety Act; and

(2) is engaged in erecting, constructing, installing, altering, servicing, testing, repairing or maintaining and performing electrical work on related conveyances covered by the Elevator Safety Act;

L. "standards" means national standards developed through an open, balanced consensus process for the installation, use or maintenance of conveyances as recommended by the bureau, including:

(1) ASCE 21 - American society of civil engineers automated people mover standards;

(2) ASME A17.1/CSA B44 - the safety code for elevators and escalators, an American national standard;

(3) ASME A17.3 - the safety code for existing elevators and escalators, an American national standard;

(4) ASME A17.7/CSA B44.7 - the performance- based safety code for elevators and escalators, an American national standard;

(5) ASME A17.8/CSA standards for wind turbine tower elevators; and

(6) ASME A18.1 - the safety standard for platform lifts and stairway chairlifts, an American national standard; and

M. "temporarily dormant" means a conveyance that is placed out of service as specified in the standards.

SECTION 3. [NEW MATERIAL] EXEMPTIONS.--The following are exempted from the provisions of the Elevator Safety Act:

A. material hoists;

B. boom lifts;

C. mobile scaffolds, towers and platforms;

D. powered platforms and equipment for exterior and interior maintenance;

E. conveyors and related equipment;

F. cranes, derricks, hoists, jacks and slings;

G. industrial trucks;

H. portable equipment, except for portable escalators that are covered by the standards;

I. tiering or piling machines that are used to move materials to and from storage and that are located and operating entirely within one story;

J. equipment for feeding or positioning materials at machine tools, printing presses and similar equipment;

K. skip or furnace hoists;

L. wharf ramps;

M. railroad car lifts or dumpers;

N. line jacks, false cars, shafters, moving platforms and similar equipment used for installing a conveyance by a contractor licensed in this state; and

O. conveyances within a single family dwelling.

SECTION 4. [NEW MATERIAL] COMMISSION DUTIES--RULES.--

A. The commission shall adopt rules for conveyances regulated by the Elevator Safety Act. Any modifications to those standards that the commission deems necessary shall be justified in writing. The commission shall grant exceptions and variances to its rules only where such exceptions and variances will not jeopardize the public safety and welfare.

B. The commission shall establish fee schedules for licenses, permits and certificates. The fees shall reflect the actual costs and expenses to carry out the provisions of the Elevator Safety Act.

SECTION 5. [NEW MATERIAL] ELEVATOR MECHANICS, CONTRACTORS AND INSPECTORS--REQUIREMENTS.--

A. No person shall erect, construct, alter, replace, maintain, remove or dismantle any conveyance contained within buildings or structures unless the person is a contractor licensed by the division to perform such work. A contractor shall not allow any person to perform work in connection with the erection, construction, replacing, maintaining, modifying, removing or dismantling of any conveyance contained within buildings or structures unless that person is a mechanic or apprentice. No other licenses shall be required for this work.

B. A licensed contractor is not required for removing or dismantling conveyances that are destroyed as a result of a complete demolition of a secured building or structure or where the hoistway or wellway is demolished back to the basic support structure whereby no access is permitted therein to endanger the safety and welfare of any person.

C. No person shall inspect any conveyance within buildings or structures unless the person is an inspector certified by the division pursuant to the Elevator Safety Act.

SECTION 6. [NEW MATERIAL] CONTRACTOR LICENSING--MECHANIC'S AND INSPECTOR'S CERTIFICATES.--

A. Any sole proprietorship, partnership, firm or corporation wishing to engage in the business or practice of installing, altering, servicing, replacing, maintaining or inspecting conveyances shall apply for the appropriate license with the division on forms established by the division.

B. Mechanics employed by licensed contractors shall demonstrate an acceptable combination of documented experience and education credits, including not less than four years of work experience in the elevator industry in construction, maintenance, service or repair or any combination thereof, as verified by current and previous employers and complete a written examination approved by the director on the most recent standards. A person may be entitled to a waiver of the examination requirement if:

(1) within one year of the effective date of the Elevator Safety Act the person furnishes the commission with acceptable proof that the person has worked in elevator construction, maintenance or repair and the work:

(a) was without direct and immediate supervision;

(b) was for an elevator contractor; and

(2) the person provides a certificate of completion of and successful passing of the mechanic's examination of a nationally recognized training program for the elevator industry, such as the national elevator industry educational program or its equivalent;

(3) the person provides a certificate of completion of a federal department of labor-approved apprenticeship program; or

(4) the person holds a valid elevator mechanic's license or certification from another state having standards substantially equal to those of the Elevator Safety Act.

C. No inspector's certificate shall be granted to a person, unless the person demonstrates that the person meets the current American society of mechanical engineers QEI-1, standards for the qualifications of elevator inspectors.

D. No license or certificate shall be granted to a person who has not fulfilled the requirements of this section.

SECTION 7. [NEW MATERIAL] ISSUANCE AND RENEWAL OF LICENSES AND CERTIFICATES--FEES--CONTINUING EDUCATION.--

A. The director may issue a license or certificate pursuant to the Elevator Safety Act valid for not more than three years from the month of issuance upon payment of a fee set by the director.

B. The renewal of any journeyman elevator mechanic certification shall be conditioned upon the submission of a certificate of completion of a course designed to ensure the continuing education of mechanics. Such course shall consist of not less than eight hours of instruction that shall be attended and completed within one year immediately preceding any such license renewal.

C. The courses shall be taught by instructors through continuing education providers that may include association seminars and labor training programs. The director shall approve the continuing education providers.

D. A mechanic who is unable to complete the continuing education course required pursuant to this section prior to the expiration of the certification due to a temporary disability may apply for a waiver from the director.

SECTION 8. [NEW MATERIAL] EMERGENCY AND TEMPORARY MECHANIC CERTIFICATIONS.--

A. If the governor has declared an emergency due to a disaster, act of God or work stoppage and the number of persons in the state holding licenses granted by the director is insufficient to cope with the emergency, contractors may respond as necessary to ensure the safety of the public. A person certified by a licensed contractor to have an acceptable combination of documented experience and education to perform elevator work without direct and immediate supervision shall seek an emergency mechanic's license from the director within five business days after commencing work that otherwise requires a license. The director shall issue emergency mechanic's certifications. The contractor shall furnish such proof of competency as the director may require. Each emergency certification shall be valid for no more than forty-five days from the date of its issuance and for such particular elevators or geographical areas as the director designates. The director shall renew an emergency mechanic's certification if the emergency continues beyond forty-five days. No fee shall be charged for an emergency mechanic's license or its renewal.

B. A contractor shall notify the director when there are no licensed personnel available to perform elevator work. The contractor may request that the director issue temporary elevator mechanic's certification to persons certified by the contractor to have an acceptable combination of documented experience and education to perform elevator work without direct and immediate supervision. Any person certified by a contractor to have an acceptable combination of documented experience and education to perform elevator work without direct and immediate supervision shall immediately seek a temporary elevator mechanic's certification from the director and shall pay a fee as determined by the director. Each temporary elevator mechanic's certification shall state that it is valid for twelve months and only while employed by the licensed contractor that certified the individual as qualified. It shall be renewable as long as the shortage of license holders shall continue.

SECTION 9. [NEW MATERIAL] REGISTRATION OF EXISTING CONVEYANCES.--By January 1, 2020, the owner or lessee of every existing conveyance shall register with the director such conveyance owned and operated by the owner or lessee and provide the type of conveyance, its rated load and speed, the name of the manufacturer, its location, the purpose for which it is used and any additional information that the director requires. After January 1, 2020, all conveyances shall be registered at the time they are completed and placed in service.

SECTION 10. [NEW MATERIAL] COMPLIANCE WITH STATE FIRE PREVENTION AND BUILDING CODES.--Persons licensed or certified pursuant to the Elevator Safety Act shall ensure that installation or service and maintenance of conveyances are performed in compliance with all laws, ordinances and rules, including fire and building codes.

SECTION 11. [NEW MATERIAL] PERMITS.--

A. No conveyance shall be erected, constructed, installed or altered within buildings or structures unless a permit has been obtained from the director before the work is commenced. The conveyance, and any alteration thereto, shall conform to all applicable standards. No permit shall be issued except to a contractor properly licensed pursuant to the Construction Industries Licensing Act and in compliance pursuant to the Elevator Safety Act. The director may provide a six-month extension of the term of the permit. A copy of the permit shall be kept at the construction site at all times while the work is in progress.

B. A permit fee shall be set by the director and shall not be refundable.

C. Each application for a permit shall be accompanied by copies of specifications and accurately scaled and fully dimensioned plans and shall include:

(1) the location of the installation in relation to the plans and elevation of the building;

(2) the location of the machinery room and the equipment to be installed, relocated or altered;

(3) all structural supporting members, including foundations; and

(4) all materials to be employed and all loads to be supported or conveyed.

D. A permit issued pursuant to the Elevator Safety Act shall expire no later than six months after the date of issuance of the permit or if the work is suspended or abandoned for a period of sixty days. The director may provide an extension not exceeding six months to any permit.

SECTION 12. [NEW MATERIAL] CERTIFICATES OF OPERATION--ANNUAL INSPECTIONS--REGISTRATIONS.--

A. All new conveyance installations shall be performed by a contractor properly licensed pursuant to the Construction Industries Licensing Act and the Elevator Safety Act. Prior to any conveyance being used, a property owner or lessee must obtain an inspection and report certifying that the conveyance has been installed in compliance with all applicable codes and standards. The inspection and report shall be by an inspector, who may be a third party inspector, certified by the director pursuant to the Elevator Safety Act. A property owner or lessee, prior to any new conveyance being used, must obtain a certificate of operation from the bureau with a fee set by the bureau.

B. Certificates of operation shall be renewed annually. The owner or lessee of any new or existing conveyance located in any building or structure shall have the conveyance inspected annually by an inspector certified by the director pursuant to the Elevator Safety Act. Subsequent to inspection, the inspector shall supply a property owner or lessee and the bureau with a written inspection report detailing all code violations, if any. It shall be the responsibility of the director to enforce code compliance. Property owners shall have sixty days from the date of the published inspection report to be in full compliance with correcting the violations. A certificate of operation shall not be renewed by the director except upon receipt of a report from a certified inspector indicating that no code violations exist, or that all code violations have been remedied.

C. It shall be the responsibility of the owner or lessee of any conveyance to:

(1) ensure that the required tests are performed at intervals in compliance with standards;

(2) have all tests performed by a properly certified mechanic; and

(3) have a properly certified inspector present to physically witness all testing.

D. Upon the inspection of any conveyance, if the equipment is found to be in a dangerous condition, if there is an immediate hazard to those riding or using the conveyance or if the design or the method of operation in combination with the devices used is considered inherently dangerous, in the opinion of the bureau, the director shall notify the owner of the condition, shall order alterations or additions that are deemed necessary to eliminate the dangerous condition and shall direct that the conveyance may not be used until the dangerous condition has been remedied.

SECTION 13. [NEW MATERIAL] TEMPORARILY DORMANT CONVEYANCES.--A temporarily dormant conveyance shall not be used again until it has been put in safe running order and is in condition for use. Annual inspections shall continue for the duration of the temporarily dormant status by an inspector. Temporarily dormant status may be renewable on an annual basis and shall not exceed five years. The inspector shall file a report with the director describing the current conditions.

SECTION 14. [NEW MATERIAL] ANNUAL PERMIT FEES.--For the purpose of defraying the expense of administering the laws relating to the permitting and inspection of conveyances, each person, firm or corporation, at the time of submitting a permit for the construction of a conveyance, at the time of registering an existing conveyance and annually thereafter as provided in Section 12 of the Elevator Safety Act, shall pay to the division reasonable permit fees as set, classified and defined by the director for each conveyance.

SECTION 15. [NEW MATERIAL] ENFORCEMENT.--The director shall enforce by injunction in district court the laws relating to conveyances and rules or orders adopted by the division or the commission pursuant to those laws, which remedy shall be in addition to the civil and criminal penalties provided in the Elevator Safety Act or the Construction Industries Licensing Act.

SECTION 16. [NEW MATERIAL] MISDEMEANOR--PENALTY.--A person violating a provision of the Elevator Safety Act or the rules, regulations or orders of the bureau or the commission issued pursuant to that act is guilty of a misdemeanor and shall be punished pursuant to Section 31-19-1 NMSA 1978.

SECTION 17. [NEW MATERIAL] CIVIL PENALTIES, SUSPENSION AND REVOCATION OF LICENSES.--A license, certification or certificate of operation issued pursuant to the Elevator Safety Act may be suspended, revoked or subject to civil penalty by the director upon verification that one or more of the following reasons exist:

A. any false statement as to a material matter in an application;

B. fraud, misrepresentation or bribery in securing:

(1) an elevator contractor license;

(2) a journeyman mechanic certification;

(3) a conveyance inspector certification; or

(4) a certificate of operation;

C. failure to notify the director and the owner or lessee of an elevator or related conveyance of any condition not in compliance with the Elevator Safety Act; or

D. a violation of a provision of the Elevator Safety Act.

SECTION 18. [NEW MATERIAL] POWERS OF MUNICIPALITIES.--If a municipality operates a program for the permitting, installation, maintenance, alteration, inspection or testing of conveyances, the Elevator Safety Act shall not apply to the conveyances in that municipality, provided that the standards are at least equivalent to those contained in the Elevator Safety Act, except that all conveyances regardless of location must be registered by the bureau as required by that act.

SECTION 19. Section 60-13-2 NMSA 1978 (being Laws 1967, Chapter 199, Section 2, as amended by Laws 2013, Chapter 142, Section 1 and by Laws 2013, Chapter 153, Section 1) is amended to read:

"60-13-2. GENERAL DEFINITIONS.--As used in the Construction Industries Licensing Act:

A. "division" means the construction industries division of the regulation and licensing department;

B. "trade bureau", "jurisdiction" and "trade bureau jurisdiction" mean the electrical bureau, the mechanical bureau, the general construction bureau, [or] the liquefied petroleum gas bureau or the elevator safety bureau of the division;

C. "jurisdictional conflict" means a conflict between or among trade bureaus as to the exercise of jurisdiction over an occupation or trade for which a license is required under the provisions of the Construction Industries Licensing Act;

D. "person" includes an individual, firm, partnership, corporation, association or other organization or any combination thereof;

E. "qualifying party" means an individual who submits to the examination for a license to be issued under the Construction Industries Licensing Act and who is responsible for the licensee's compliance with the requirements of that act and with the rules, regulations, codes and standards adopted and promulgated in accordance with that act;

F. "certificate of qualification" means a certificate issued by the division to a qualifying party;

G. "journeyman" means an individual who is properly certified by the electrical bureau, [or] the mechanical bureau or the elevator safety bureau as required by law, to engage in or work at the certified trade;

H. "apprentice" means an individual who is engaged, as the individual's principal occupation, in learning and assisting in a trade;

I. "wages" means compensation paid to an individual by an employer from which taxes are required to be withheld by federal and state law;

J. "public use" means the use or occupancy of a structure, facility or manufactured commercial unit to which the general public, as distinguished from residents or employees, has access;

K. "bid" means a written or oral offer to contract;

L. "building" means a structure built for use or occupancy by persons or property, including manufactured commercial units and modular homes or premanufactured homes designed to be placed on permanent foundations whether mounted on skids or permanent foundations or whether constructed on or off the site of location;

M. "inspection agency" means a firm, partnership, corporation, association or any combination thereof approved in accordance with regulations as having the personnel and equipment available to adequately inspect for the proper construction of manufactured commercial units, modular homes, [or] premanufactured homes or conveyances;

N. "director" means the administrative head of the division;

O. "chief" means the administrative head of a trade bureau;

P. "commission" means the construction industries commission;

Q. "manufactured commercial unit" means a movable or portable housing structure over thirty-two feet in length or over eight feet in width that is constructed to be towed on its own chassis and designed so as to be installed without a permanent foundation for use as an office or other commercial purpose and that may include one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity, or two or more units separately towable but designed to be joined into one integral unit, as well as a single unit, but that does not include any movable or portable housing structure over twelve feet in width and forty feet in length that is used for nonresidential purposes. "Manufactured commercial unit" does not include modular or premanufactured homes, built to a nationally recognized standard adopted by the commission and designed to be permanently affixed to real property;

R. "code" means a body or compilation of provisions or standards adopted by the commission that govern contracting or some aspect of contracting; that provide for safety and protection of life and health; and that are published by a nationally recognized standards association;

S. "inspector" means a person certified by the division and certified by one or more trade bureaus to conduct inspections of permitted work to ensure that all work performed by a contractor or the homeowner complies with the applicable code;

T. "statewide inspector's certificate" means a 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 that has a certified building official in its employ; [and]

U. "certified building official" means an employee of any county, municipality or other political subdivision who has a broad knowledge of the construction industry, holds a current nationally recognized code organization certified building official certificate and has:

(1) been a practicing inspector or practicing contractor for at least five years; or

(2) held a management position in a construction-related company or construction organization for at least five of the past ten years; and

V. "conveyance" means:

(1) any hoisting and lowering mechanism equipped with a car or platform that moves between two or more landings, including elevators, escalators, moving sidewalks, platform lifts or stairway chair lifts for carrying persons between landings; and

(2) hoisting and lowering mechanisms that are equipped with a car, that serve two or more landings and that are restricted to carrying materials by its limited size and limited access."

SECTION 20. Section 60-13-6 NMSA 1978 (being Laws 1977, Chapter 245, Section 168, as amended) is amended to read:

"60-13-6. CONSTRUCTION INDUSTRIES COMMISSION CREATED--MEMBERSHIP--DUTIES.--

A. There is created within the division the "construction industries commission". The commission shall be composed of [nine] ten voting members who shall serve at the pleasure of the governor. Members shall be appointed by the governor, with the advice and consent of the senate, as follows:

(1) one member who is a representative of the residential construction industry of this state;

(2) one member who is a licensed electrical contractor;

(3) one member who is a licensed mechanical contractor;

(4) one member who is a licensed and practicing architect;

(5) one member who is a practicing general contractor;

(6) one member who is a representative of the liquefied petroleum gas industry;

(7) one member who is a resident of the state, who is not a licensed contractor or certified journeyman and who shall represent the people of New Mexico;

(8) one member who is a representative of the subcontracting industry of the state; [and]

(9) one member who is a representative of organized labor; and

(10) one member who is a representative of the elevator construction industry.

Members shall be appointed to provide adequate representation of all geographic areas of the state.

B. Each member of the commission shall receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

C. The commission shall annually elect a chair and vice chair from its membership. The director shall serve as the executive secretary of the commission.

D. The commission shall meet bimonthly or at the call of the chair.

E. The commission shall establish policy for the division. It shall advise on, review, coordinate and approve or disapprove all rules, standards, codes and licensing requirements that are subject to the approval of the commission under the provisions of the Construction Industries Licensing Act, [or] the LPG and CNG Act or the Elevator Safety Act so as to ensure that uniform codes and standards are promulgated and conflicting provisions are avoided. However, the commission shall not enact a bylaw, order, building code, policy or rule requiring the installation of a residential fire protection sprinkler system in detached one- and two-family dwellings and multiple single-family dwellings, such as townhouses that are not more than three stories above grade plane in height and that have a separate means of egress and their accessory structures. The commission shall:

(1) revoke or suspend, for cause, any license or certificate of qualification issued under the provisions of the Construction Industries Licensing Act or the LPG and CNG Act; and

(2) define and establish all license classifications. The licensee shall be limited in bidding and contracting as provided in Subsection B of Section 60-13-12 NMSA 1978. A licensee, subsequent to the issuance of a license, may make application for additional classification and be licensed in more than one classification if the licensee meets the prescribed qualification for the additional classification."

SECTION 21. Section 60-13-31 NMSA 1978 (being Laws 1967, Chapter 199, Section 34, as amended) is amended to read:

"60-13-31. TRADE BUREAUS CREATED.--There are created under the division the "electrical bureau", the "mechanical bureau", the "general construction bureau", [and] the "liquefied petroleum gas bureau" and the "elevator safety bureau"."

SECTION 22. Section 60-13-32 NMSA 1978 (being Laws 1967, Chapter 199, Section 35, as amended) is amended to read:

"60-13-32. TRADE BUREAUS--DEFINITIONS.--As used in the Construction Industries Licensing Act:

A. "electrical wiring" means all wiring, conductors, fixtures, devices, conduits, appliances or other equipment, including generating equipment such as solar electricity generating equipment of not over ten kilowatt capacity, used in connection with the general distribution or use of electrical energy;

B. "plumbing" means the installing, altering and repairing of all plumbing fixtures, fixture traps and soil, waste, supply and vent pipes, with their devices, appurtenances and connections, through which water, waste, sewage, oil and air are carried, when done within the property lines of the building or structure to be served by the plumbing or to the point of connection with the utility system. This subsection shall not be construed as prohibiting the installation by a "fixed works" licensee of service lines from the utility system to a point five feet outside the building or structure to be served by the plumbing;

C. "fixtures" includes closet bowls, lavatories, bathtubs, showers, kitchen sinks, laundry trays, hot water tanks, softeners, urinals, bidets, service sinks, shower pans, drink fountains, water compressors, water coolers, septic tanks or similar systems of sewage disposal and such other similar fixtures used in plumbing as designated by the mechanical bureau;

D. "gas fitting" means the installing, altering and repairing of consumers' gas piping and the installation of appliances utilizing natural gas as fuel and their appurtenances in or upon premises of the consumers;

E. "softener" or "water conditioner" means any appliance, apparatus, fixture and equipment that is designed to soften, filter or change the mineral content of water, whether permanent or portable; and

F. "certificate of competence" means evidence of competence issued by the division to a journeyman electrician, journeyman plumber, journeyman gas fitter, journeyman pipe fitter, [or] journeyman welder working on pipelines, collection lines or compressor stations or journeyman elevator mechanic."

SECTION 23. Section 60-13-38 NMSA 1978 (being Laws 1967, Chapter 199, Section 41, as amended) is amended to read:

"60-13-38. CERTIFICATES OF COMPETENCE--EXAMINATION--JOURNEYMEN.--

A. A person shall not engage in the occupation or trade of journeyman unless [he] the person holds a certificate of competence issued by the division for the occupation or trade in which [he] the person desires to engage.

B. The categories for certificates of competence are: journeyman electrician, journeyman plumber, journeyman gas fitter, journeyman pipe fitter, journeyman sheet metal worker, journeyman boiler operator, residential wireman, [and] journeyman welder working on pipelines, collection lines or compressor stations and journeyman elevator mechanic.

C. An applicant for a certificate of competence shall be required to take an examination approved and adopted by the division as to [his] knowledge of the orders and rules governing the occupation or trade for which a certificate is sought, and as to [his] technical knowledge and ability pertaining to [his] the particular trade. The examination may be oral, written or demonstrative or any combination thereof, as required by rules of the commission.

D. The division shall issue a certificate of competence to [any] a journeyman welder working on pipelines, collection lines or compressor stations who shows evidence of having satisfactorily completed an examination administered by an independent testing organization or public utility employing engineers registered with the state, such examination meeting the minimum pipeline safety standards set by the public regulation commission.

E. Applications for certificates of competence shall be in the form and shall contain [such] the information and attachments as the division prescribes.

F. The division shall establish a reasonable fee for [any] an examination or issuance of certificate of competence.

G. A person is not eligible to take an examination for a certificate of competence unless [he] the person has had two years' experience in the occupation or trade for which a certificate of competence is sought, or the equivalent thereof as determined by the commission, or has successfully completed a course in the trade approved by the instructional support and vocational education division of the [state department of] public education department.

H. Employment of an apprentice working under the direct supervision of a certified journeyman is not prohibited by the Construction Industries Licensing Act.

I. A person is eligible to take an examination for a journeyman electrician certificate of competence after at least:

(1) four years of accredited training in the electrical trade;

(2) four years of apprenticeship in the electrical trade;

(3) four years of practical experience in the electrical trade, of which two years are in the commercial trade, industrial trade or the equivalent as determined by the commission; or

(4) successfully completing an electrical trade program approved by the instructional support and vocational education division of the [state department of] public education department and two years of practical experience in the commercial electrical trade.

J. Continuing education requirements for a journeyman electrician shall include at least sixteen hours of continuing education in every three-year period between national electrical code updates, of which eight hours are code change instructions and eight hours are other industry-related instruction. All continuing education curricula and instructors shall be approved by the commission based on recommendations by the electrical bureau.

K. A certificate of competence shall not be renewed until a complete application for renewal has been received by the division. Proof of completion of the continuing education requirements shall be submitted to the division with the application for renewal of certificate of competence. An application for renewal that is not accompanied by proof of completion of the continuing education requirements is incomplete and shall not be processed. The continuing education requirements in this subsection shall only apply to a journeyman electrician with the designation "EE-98J" or "JE98". This does not apply to EE98.

L. A person is eligible to take an examination for a residential wireman's certificate of competence after at least:

(1) two years of accredited training or apprenticeship in the electrical trade;

(2) two years of practical experience in wiring residential dwellings; or

(3) successfully completing a course in the trade approved by the instructional support and vocational education division of the [state department of] public education department and one year of practical experience in wiring residential dwellings.

M. [The provisions of Subsections I and L of this section do not apply to a person who was enrolled as a full-time student before June 20, 2003 in an electrical trade program approved by the vocational education division of the state department of public education.] A journeyman elevator mechanic certificate of competence shall not be renewed until a complete application for renewal has been received by the division. Proof of completion of the continuing education requirements shall be submitted to the division with the application for renewal of certificate of competence. An application for renewal that is not accompanied by proof of completion of the continuing education requirements is incomplete and shall not be processed."

SECTION 24. A new section of the Construction Industries Licensing Act, Section 60-13-41.1 NMSA 1978, is enacted to read:

"60-13-41.1. [NEW MATERIAL] CONVEYANCE INSPECTORS.--

A. Inspectors performing inspections pursuant to the Elevator Safety Act may be privately contracted or employed by the building owner or lessee or may be employees of the division. Inspectors performing inspections pursuant to the Elevator Safety Act shall, however, be required to:

(1) be registered with the division;

(2) meet the minimum continuing education requirements set forth in the Elevator Safety Act;

(3) be certified as an inspector in accordance with rules adopted by the commission; and

(4) pay all applicable fees.

B. Qualifications for inspectors pursuant to the Elevator Safety Act shall be prescribed by the commission.

C. The division shall certify and issue a statewide inspector's certificate to any person who meets the requirements of the Elevator Safety Act for inspectors."

SECTION 25. Section 60-13-44 NMSA 1978 (being Laws 1967, Chapter 199, Section 52, as amended) is amended to read:

"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 or the elevator safety 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 elevator safety bureau shall recommend to the commission standards that are developed through an open, balanced consensus process for the installation, use or maintenance of conveyances pursuant to the Elevator Safety Act. The recommendations shall give due regard to physical, climatic and other conditions peculiar to New Mexico. The elevator safety bureau shall be authorized to consult with engineering authorities and organizations concerned with safety codes, rules and regulations governing the operation, maintenance, servicing, construction, alteration, installation and inspection of conveyances and the qualifications that are adequate, reasonable and necessary for the elevator mechanic, contractor and inspector.

[J.] K. 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."

SECTION 26. APPROPRIATION.--Three hundred fifty thousand dollars ($350,000) is appropriated from the general fund to the regulation and licensing department for expenditure in fiscal year 2020 to implement the provisions of the Elevator Safety Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2020 shall revert to the general fund.

SECTION 27. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.