HOUSE BILL 177

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

INTRODUCED BY

Daymon Ely

AN ACT

RELATING TO SAFETY INSPECTIONS; REQUIRING THE PUBLIC REGULATION COMMISSION TO ISSUE RULES REQUIRING INSPECTION OF FIRE AND SMOKE DAMPERS AND FIRE CONTROL SYSTEMS IN ACCORDANCE WITH NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS; DECLARING AN EMERGENCY.

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

     SECTION 1. A new section of Chapter 59A, Article 52 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] FIRE AND SMOKE DAMPER AND FIRE CONTROL SYSTEMS--COMMISSION RULES.--

          A. The public regulation commission shall issue rules requiring the inspection and testing of fire and smoke dampers and smoke control systems in accordance with national fire protection association standards in places of assembly, educational occupancies, institutional occupancies, residential occupancies consisting of four or more family units, mercantile occupancies, office occupancies, industrial occupancies, storage occupancies and miscellaneous structures consisting of towers, underground structures and windowless buildings and all buildings owned or occupied by the state or any political subdivision thereof or by municipal governments.

          B. The rules shall require that:

                (1) inspection and testing be conducted by the authority having jurisdiction or other person possessing a fire life safety certification from a program accredited by the American national standards institute; and

                (2) the person conducting the inspection or test shall submit findings of noncompliance to the owner of the public occupancy and to the authority having jurisdiction.

          C. For purposes of this section:

                (1) "authority having jurisdiction" means a government entity with a full-service building inspection department employing a certified building official with permitting and enforcement authority over the general construction, electrical and mechanical-plumbing trades within its jurisdiction; and

                (2) "certified building official" means an individual who is an employee of the state or an authority having jurisdiction and who holds a current nationally recognized code organization certified building official certificate, has a broad knowledge of the construction industry, has been either a practicing inspector or practicing contractor for at least five years or has held a management position in a construction-related company or construction organization for at least five of the past ten years."

     SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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