SENATE BILL 61
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Clinton D. Harden
AN ACT
RELATING TO LOCAL GOVERNMENT; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978 TO PROVIDE FOR POWERS AND DUTIES OF LOCAL GOVERNMENT CHIEF BUILDING OFFICIALS; CHANGING THE CONSTRUCTION INDUSTRIES COMMISSION AUTHORITY OVER LOCAL GOVERNMENT INSPECTORS; PROVIDING FOR MUNICIPALITIES AND COUNTIES TO CONTRACT FOR CONSTRUCTION CODE COMPLIANCE INSPECTORS; PROVIDING A PENALTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 3-17-6 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-16-5, as amended) is amended to read:
"3-17-6. CODES ADOPTED AND ENFORCED BY REFERENCE--AVAILABILITY.--
A. A municipality may adopt by ordinance the conditions, provisions, limitations and terms of:
(1) an administrative code;
(2) an air pollution code;
(3) a building code that includes provisions for plan review, permitting and inspections for general, electrical, mechanical and plumbing construction;
(4) an elevator code;
(5) a fire prevention code;
(6) a health code;
(7) a housing code;
(8) a traffic code; or
(9) any other code not in conflict with the laws of New Mexico or valid regulations issued by any board or agency of New Mexico authorized to issue regulations.
Any code so adopted shall provide for minimum requirements at least equal to the state requirements on the same subject.
B. An ordinance adopting any such code need only refer to the proper title and date of the code, without setting forth the code's conditions, provisions, limitations and terms, and may include any exception or deletion to the code by setting forth the exception or deletion to the code. The ordinance shall further specify at least one place within the municipality where the code, so adopted, is available for inspection during the normal and regular business hours of the municipal clerk. A copy of the code shall be available upon request and payment of a reasonable charge.
C. Any amendment to such a code may be adopted in the same manner as other ordinances are adopted.
D. If a municipality adopts a building code that includes provisions for plan review, permitting and inspections for general, electrical, mechanical and plumbing construction compliance services, a chief building official shall be designated by the governing body. The chief building official shall supervise and be responsible for building code compliance functions of the municipality, including compliance with standards for all public and private buildings within the municipality's jurisdiction or within other jurisdictions with which the municipality has a current agreement to provide compliance enforcement.
E. The chief building official shall use for code compliance only persons holding a current, valid certification in one or more of the construction disciplines from an appropriate national code compliance certifying organization. The person shall be authorized to provide construction compliance services in all trades for which that person is certified by an appropriate national code compliance certifying organization.
F. In order to hear and decide appeals of orders, decisions or determinations made by the chief building official relative to the application and interpretation of building or fire codes, the municipality shall create a board of appeals consisting of construction industry members who are qualified by experience and training to act on matters pertaining to building construction and who are not employees of the jurisdiction."
SECTION 2. A new section of Chapter 5 NMSA 1978 is enacted to read:
"[NEW MATERIAL] CONSTRUCTION CODE COMPLIANCE--PENALTY.--
A. Municipalities and counties may retain independent construction code compliance entities to supplement their code compliance staff to perform, by contract, some or all of the construction code compliance duties in their jurisdiction.
B. Construction code compliance entities shall:
(1) use only persons holding a currently valid certification in one or more of the construction trades from a national code compliance certifying organization;
(2) carry a minimum of one million dollars ($1,000,000) in errors and omissions or liability insurance on behalf of the client municipality or county; and
(3) upon the request of the chief building official of the municipality or county, submit each code compliance worker to a field proficiency test conducted by the chief building official to determine the person's qualifications for performing construction code compliance duties.
C. Each code compliance inspector used by an entity on behalf of a municipality or county may, during reasonable hours, enter any building or go upon any premises in the discharge of official duties for the purpose of making an inspection of work performed or for the purpose of testing any installation authorized by the chief building official of the municipality or county.
D. The code compliance inspector used by an entity on behalf of a municipality or county may disconnect or order the discontinuance of any service to any installation, device, appliance or equipment found to be dangerous to life or property or where the installation may interfere with the work of a fire department because it is defective or is incorrectly installed. The order shall be effective until the installation, device, appliance or equipment is made safe and is approved by the chief building official of that municipality or county.
E. A notice shall be attached by the code compliance inspector to the installation, device, appliance or equipment that is disconnected stating the reason for the disconnection. A person who removes the notice or uses the installation, device, appliance or equipment without authorization is guilty of a petty misdemeanor and is punishable pursuant to Section 31-19-1 NMSA 1978.
F. The powers granted by this section to any code compliance inspector used by an entity on behalf of a municipality or county may be exercised by the inspector only in a municipality or county in which the code compliance entity is contracted to make inspections.
G. The code compliance inspector used by an entity on behalf of a municipality or county shall be permitted to inspect work of a construction trade for which the inspector is certified by an appropriate national code compliance certifying organization."
SECTION 3. Section 60-13-41 NMSA 1978 (being Laws 1967, Chapter 199, Section 49, as amended) is amended to read:
"60-13-41. INSPECTORS--DESIGNATED INSPECTION AGENCIES.--
A. State inspectors shall be employed by the director.
B. Qualifications and job descriptions for inspectors for the state [municipalities and all other political subdivisions] shall be prescribed by the commission.
C. 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.
D. The division may enter into reciprocal agreements with other jurisdictions having comparable codes, standards and inspection requirements for the inspection of the construction, alteration or repair of modular homes, premanufactured homes and manufactured commercial units.
E. The division may, with the approval of the commission, establish qualifications for inspectors certified to inspect in more than one bureau's jurisdiction."
SECTION 4. Section 60-13-42 NMSA 1978 (being Laws 1967, Chapter 199, Section 50, as amended) is amended to read:
"60-13-42. AUTHORITY OF INSPECTORS--LIMITATION.--
A. A state [certified] inspector may, during reasonable hours, enter any building or go upon any premises in the discharge of [his] the inspector's official duties for the purpose of making an inspection of work performed or for the purpose of testing any installation authorized within the jurisdiction of [his] the inspector's trade certification. [He] The inspector may cut or disconnect, or have cut or disconnected in cases of emergency, [any] an installation or device when necessary for safety to life or property or where the installation may interfere with the work of a fire department.
B. The inspector may disconnect or order the discontinuance of [any] service to any installation, device, appliance or equipment found to be dangerous to life or property because it is defective or is incorrectly installed, until the installation, device, appliance or equipment is made safe and is approved by the inspector.
C. The inspector may order the correction of any defects or any incorrect installation [which] that prompted the disconnection and discontinuance of service.
D. In all cases where disconnection is made, a notice shall be attached by the inspector to the installation, device, appliance or equipment disconnected, which notice shall state that the same has been disconnected by or on order of the inspector and the reason for the disconnection. It is unlawful for [any] a person to remove the notice or to use the installation, device, appliance or equipment without authorization of an inspector.
[E. The powers granted by this section to any municipal inspector may be exercised by him only in the localities where he is authorized to make inspection.
F.] E. The division shall by regulation adopt official inspection stickers or medallions for the purpose of identifying those modular homes and premanufactured homes [which] that have been inspected and found to comply with all requirements of the state codes and standards. State inspection and acceptance for use of modular homes and premanufactured homes shall exclusively apply to the use and occupancy of such dwellings in the state and in any of its political subdivisions, subject to the requirements of local planning and zoning ordinances and ordinances requiring permits and inspections for foundations, electrical and mechanical hookups or other safety or sanitary requirements."
SECTION 5. REPEAL.--Section 60-13-43 NMSA 1978 (being Laws 1967, Chapter 199, Section 51, as amended) is repealed.
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