0001| HOUSE BILL 702
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| EDDIE CORLEY
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO SAFETY; CREATING THE ELEVATOR BUREAU; PROVIDING FOR
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0012| INSPECTION OF ELEVATORS AND ESCALATORS; AMENDING THE
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0013| CONSTRUCTION INDUSTRIES LICENSING ACT; MAKING AN APPROPRIATION.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 60-13-2 NMSA 1978 (being Laws 1967,
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0017| Chapter 199, Section 2, as amended) is amended to read:
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0018| "60-13-2. GENERAL DEFINITIONS.--As used in the
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0019| Construction Industries Licensing Act:
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0020| A. "division" means the construction industries
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0021| division of the regulation and licensing department;
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0022| B. "trade bureau" means the electrical bureau, the
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0023| mechanical bureau, the general construction bureau, the
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0024| elevator bureau or the liquefied petroleum gas bureau of the
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0025| division;
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0001| C. "jurisdictional conflict" means any conflict
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0002| between or among trade bureaus as to the exercise of
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0003| jurisdiction over an occupation or trade for which a license is
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0004| required under the provisions of the Construction Industries
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0005| Licensing Act;
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0006| D. "person" includes an individual, firm,
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0007| partnership, corporation, association or other organization, or
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0008| any combination thereof;
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0009| E. "qualifying party" means any individual who
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0010| submits to the examination for a license to be issued under the
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0011| Construction Industries Licensing Act and who is responsible
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0012| for the licensee's compliance with the requirements of that act
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0013| and with the rules, regulations, codes and standards adopted
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0014| and promulgated in accordance with that act;
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0015| F. "certificate of qualification" means a
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0016| certificate issued by the division to a qualifying party;
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0017| G. "journeyman" means any individual who is
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0018| properly certified by the electrical bureau or the mechanical
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0019| bureau, as required by law, to engage in or work at his trade;
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0020| H. "apprentice" means an individual who is engaged,
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0021| as his principal occupation, in learning and assisting in a
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0022| trade;
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0023| I. "wages" means compensation paid to an individual
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0024| by an employer from which taxes are required to be withheld by
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0025| federal and state law;
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0001| J. "public use" means the use or occupancy of any
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0002| structure, facility or manufactured commercial unit to which
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0003| the general public, as distinguished from residents or
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0004| employees, has access;
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0005| K. "bid" means a written or oral offer to contract;
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0006| L. "building" means any structure built for use or
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0007| occupancy by persons or property, including [but not limited
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to] manufactured commercial units and modular homes or
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0009| premanufactured homes designed to be placed on permanent
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0010| foundations whether mounted on skids or permanent foundations
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0011| or whether constructed on or off the site of location;
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0012| M. "inspection agency" means a firm, partnership,
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0013| corporation, association or any combination thereof approved in
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0014| accordance with regulations as having the personnel and
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0015| equipment available to adequately inspect elevators and
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0016| escalators on a regular basis or inspect for the proper
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0017| construction of manufactured commercial units, modular homes or
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0018| premanufactured homes;
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0019| N. "director" means the administrative head of the
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0020| division;
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0021| O. "chief" means the administrative head of a trade
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0022| bureau;
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0023| P. "commission" means the construction industries
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0024| commission;
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0025| Q. "manufactured commercial unit" means a movable
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0001| or portable housing structure over thirty-two feet in length or
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0002| over eight feet in width [which] that is constructed to be
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0003| towed on its own chassis and designed so as to be installed
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0004| without a permanent foundation for use as an office or other
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0005| commercial purpose and [which] that may include one or more
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0006| components that can be retracted for towing purposes and subse-
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0007|
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0008| quently expanded for additional capacity, or two or more units
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0009| separately towable but designed to be joined into one integral
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0010| unit, as well as a single unit, but [which] that does not
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0011| include any movable or portable housing structure over twelve
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0012| feet in width and forty feet in length [which] that is used
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0013| for nonresidential purposes. "Manufactured commercial unit"
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0014| does not include modular or premanufactured homes, built to
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0015| Uniform Building Code standards, designed to be permanently
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0016| affixed to real property; and
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0017| R. "code" means a body or compilation of provisions
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0018| or standards [which] that govern contracting or some aspect
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0019| of contracting; [which] that provide for safety and
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0020| protection of life and health; [which] that are approved by
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0021| a nationally recognized standards association; and [which
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standards] that are in general use in the United States or
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0023| in a clearly defined region of the United States. The term
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0024| "code" includes the
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0025| Uniform Building Code, the National Electrical Code, the
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0001| Uniform Plumbing and Mechanical Code, the LP Gas Code and any
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0002| other codes adopted by the commission."
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0003| Section 2. Section 60-13-6 NMSA 1978 (being Laws 1977,
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0004| Chapter 245, Section 168, as amended) is amended to read:
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0005| "60-13-6. CONSTRUCTION INDUSTRIES COMMISSION CREATED--
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0006| MEMBERSHIP--DUTIES.--
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0007| A. There is created within the division the
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0008| "construction industries commission". The commission shall be
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0009| composed of [nine] ten voting members who shall serve at
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0010| the pleasure of the governor. Members shall be appointed by
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0011| the governor, with the advice and consent of the senate as
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0012| follows:
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0013| (1) one member who is a representative of the
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0014| residential construction industry of this state;
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0015| (2) one member who is a licensed electrical
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0016| contractor;
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0017| (3) one member who is a licensed mechanical
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0018| contractor;
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0019| (4) one member who is a licensed and
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0020| practicing architect;
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0021| (5) one member who is a licensed elevator
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0022| inspector;
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0023| [(5)] (6) one member who is a practicing
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0024| general contractor;
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0025| [(6)] (7) one member who is a
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0001| representative of the liquefied petroleum gas industry;
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0002| [(7)] (8) one resident of the state who is
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0003| not a licensed contractor or certified journeyman who shall
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0004| represent the people of New Mexico;
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0005| [(8)] (9) one member who is a
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0006| representative of the subcontracting industry of the state; and
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0007| [(9)] (10) one member who is a representa-
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0008|
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0009| tive of organized labor.
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0010| Members shall be appointed to provide adequate repre-
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0011|
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0012| sentation of all geographic areas of the state.
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0013| B. Each member of the commission shall receive per
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0014| diem and mileage as provided in the Per Diem and Mileage Act
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0015| and shall receive no other compensation, perquisite or
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0016| allowance.
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0017| C. The commission shall annually elect a chairman
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0018| and vice chairman from its membership. The director shall
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0019| serve as the executive secretary of the commission.
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0020| D. The commission shall meet bimonthly or at the
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0021| call of the chairman.
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0022| E. The commission shall establish policy for the
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0023| division. It shall advise on, review, coordinate and approve
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0024| or disapprove all rules, regulations, standards, codes and
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0025| licensing requirements [which] that are subject to the
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0001| approval of the commission under the provisions of the Con-
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0002|
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0003| struction Industries Licensing Act or the LPG and CNG Act so
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0004| as to insure that uniform codes and standards are promulgated
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0005| and conflicting provisions are avoided. The commission shall:
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0006| (1) revoke or suspend, for cause, any license
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0007| or certificate of qualification issued under the provisions of
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0008| the Construction Industries Licensing Act or the LPG and CNG
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0009| Act; and
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0010| (2) define and establish all license
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0011| classifications. The licensee shall be limited in his bidding
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0012| and contracting as provided in Subsection B of Section
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0013| 60-13-12 NMSA 1978. Any licensee, subsequent to the issuance
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0014| of a license, may make application for additional
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0015| classification and be licensed in more than one classification
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0016| if he meets the prescribed qualification for the additional
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0017| classification."
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0018| Section 3. Section 60-13-31 NMSA 1978 (being Laws 1967,
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0019| Chapter 199, Section 34, as amended) is amended to read:
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0020| "60-13-31. TRADE BUREAUS CREATED.--There are created
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0021| under the division the "electrical bureau", the "mechanical
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0022| bureau", the "general construction bureau", the "elevator
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0023| bureau" and the "liquefied petroleum gas bureau"."
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0024| Section 4. Section 60-13-41 NMSA 1978 (being Laws 1967,
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0025| Chapter 199, Section 49, as amended) is amended to read:
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0001| "60-13-41. INSPECTORS--DESIGNATED INSPECTION AGENCIES.--
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0002| A. State inspectors shall be employed by the
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0003| director.
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0004| B. Qualifications and job descriptions for
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0005| inspectors for the state, municipalities and all other
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0006| political subdivisions shall be prescribed by the commission.
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0007| The commission shall also promulgate rules and regulations
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0008| establishing a recertification incentive plan [which] that
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0009| provides for salary increases for state inspectors based on
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0010| education and training and additional qualifications.
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0011| C. The division may appoint inspection agencies to
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0012| inspect the construction, installation, alteration or repair of
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0013| manufactured commercial units, modular homes and
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0014| premanufactured homes, including those manufacturers whose
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0015| business premises are without the state, to ensure that the New
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0016| Mexico standards of construction and installation are adhered
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0017| to and that the quality of construction meets all New Mexico
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0018| codes and standards. If the inspection agency has no place of
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0019| business within the state, it shall file a written statement
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0020| with the secretary of state setting forth its name and business
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0021| address and designating the secretary of state as its agent for
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0022| the service of process.
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0023| D. The division may appoint inspection agencies to
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0024| inspect the construction, installation, alteration, repair and
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0025| general maintenance of elevators and escalators, to ensure that
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0001| elevators and escalators meet all New Mexico codes and
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0002| standards.
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0003| [D.] E. The division may enter into reciprocal
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0004| agreements with other jurisdictions having comparable codes,
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0005| standards and inspection requirements for the inspection of the
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0006| construction, alteration or repair of modular homes,
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0007| premanufactured homes and manufactured commercial units.
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0008| [E.] F. The division may, with the approval of
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0009| the commission, establish qualifications for inspectors cer-
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0010|
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0011| tified to inspect in more than one bureau's jurisdiction."
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0012| Section 5. Section 60-13-42 NMSA 1978 (being Laws 1967,
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0013| Chapter 199, Section 50, as amended) is amended to read:
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0014| "60-13-42. AUTHORITY OF INSPECTORS--LIMITATION.--
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0015| A. A state certified inspector may, during
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0016| reasonable hours, enter any building or go upon any premises in
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0017| the discharge of his official duties for the purpose of making
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0018| an inspection of work performed to determine that general
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0019| maintenance requirements have been complied with or for the
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0020| purpose of testing any installation authorized within the
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0021| jurisdiction of his trade certification. He may cut or
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0022| disconnect, or have cut or disconnected in cases of emergency,
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0023| any installation or device when necessary for safety to life or
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0024| property or where the installation may interfere with the work
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0025| of a fire department.
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0001| B. The inspector may disconnect or order the
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0002| discontinuance of any service to any installation, device,
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0003| appliance or equipment found to be dangerous to life or
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0004| property because it is defective or is incorrectly installed,
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0005| until the installation, device, appliance or equipment is made
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0006| safe and is approved by the inspector.
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0007| C. The inspector may order the correction of any
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0008| defects or any incorrect installation [which] that prompted
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0009| the disconnection and discontinuance of service.
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0010| D. In all cases where disconnection is made, a
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0011| notice shall be attached by the inspector to the installation,
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0012| device, appliance or equipment disconnected, which notice shall
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0013| state that the same has been disconnected by or on order of the
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0014| inspector and the reason for the disconnection. It is unlawful
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0015| for any person to remove the notice or to use the installation,
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0016| device, appliance or equipment without authorization of an
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0017| inspector.
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0018| E. The powers granted by this section to any
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0019| municipal inspector may be exercised by him only in the
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0020| localities where he is authorized to make inspection.
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0021| F. The division shall by regulation adopt official
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0022| inspection stickers or medallions for the purpose of identify-
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0023|
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0024| ing [those] elevators, escalators or modular homes and
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0025| premanufactured homes [which] that have been inspected and
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0001| found to comply with all requirements of the state codes and
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0002| standards. State inspection and acceptance for use of modular
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0003| homes and premanufactured homes shall exclusively apply to the
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0004| use and occupancy of such dwellings in the state and in any of
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0005| its political subdivisions, subject to the requirements of
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0006| local planning and zoning ordinances and ordinances requiring
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0007| permits and inspections for foundations, electrical and
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0008| mechanical hookups or other safety or sanitary requirements."
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0009| Section 6. Section 60-13-44 NMSA 1978 (being Laws 1967,
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0010| Chapter 199, Section 52, as amended) is amended to read:
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0011| "60-13-44. TRADE BUREAUS--STANDARDS--CONFLICTS.--
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0012| A. The electrical bureau shall recommend to the
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0013| commission minimum standards for the installation or use of
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0014| electrical wiring. The recommendations shall substantially
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0015| embody the applicable provisions of electrical standards for
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0016| safety to life and property promulgated by a nationally
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0017| recognized underwriting laboratory, as approved by a nationally
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0018| recognized standards association, which standards are in
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0019| general use in the United States or in a clearly defined region
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0020| of the United States.
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0021| B. The elevator bureau shall recommend to the
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0022| commission minimum standards for the general maintenance of
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0023| elevators and escalators and for their installation and repair.
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0024| The recommendations shall substantially embody the applicable
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0025| provisions of a nationally recognized elevator safety code that
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0001| is in general use in the United States or in a clearly defined
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0002| region of the United States. The standards shall include the
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0003| authority to permit or deny the use of any elevator or
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0004| escalator determined to be substantially out of compliance with
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0005| the elevator safety code.
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0006| [B.] C. The mechanical bureau shall recommend
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0007| to the commission minimum standards for the installation of all
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0008| fixtures, consumers' gas pipe, appliances and materials
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0009| installed in the course of a mechanical installation. The
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0010| recommendations shall be in substantial conformity with the
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0011| Uniform Mechanical Code published by the international
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0012| conference of building officials and the Uniform Plumbing Code
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0013| published by the international association of mechanical and
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0014| plumbing officials.
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0015| [C.] D. The general construction bureau shall
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0016| recommend to the commission minimum standards for the
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0017| construction, alteration or repair of buildings, except for
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0018| those activities within the jurisdiction of the electrical
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0019| bureau or the mechanical bureau. The recommendations shall
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0020| substantially embody the applicable provisions of a nationally
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0021| recognized building code [which] that is in general use in
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0022| the United States or in a clearly defined region of the United
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0023| States and shall give due regard to physical, climatic and
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0024| other conditions peculiar to New Mexico. The standards shall
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0025| include the authority to permit or deny occupancy of existing
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0001| and new buildings or structures and authority to accept or deny
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0002| the use of materials manufactured within or without the state.
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0003| The general construction bureau may set minimum fees or charges
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0004| for conducting tests to verify claims or specifications of
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0005| manufacturers.
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0006| [D.] E. The general construction bureau shall
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0007| recommend to the commission additional specifications for any
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0008| public building constructed in the state through expenditure of
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0009| state, county or municipal funds, bonds and other revenues,
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0010| which specifications shall embody standards making the building
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0011| accessible to individuals who are physically handicapped, and
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0012| the specifications shall conform substantially with those
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0013| contained in a nationally recognized standard for making public
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0014| facilities accessible to the physically handicapped. All
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0015| orders, rules and regulations recommended by the general
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0016| construction bureau and adopted by the commission under the
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0017| provisions of this section shall be printed and distributed to
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0018| all licensed contractors, architects and engineers and to the
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0019| governor's committee on concerns of the handicapped. The
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0020| orders, rules and regulations shall take effect on a date fixed
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0021| by the commission, which shall not be less than thirty days
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0022| after their adoption by the commission, and shall have the
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0023| force of law.
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0024| [E.] F. The general construction bureau shall
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0025| have the right of review of all specifications of public
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0001| buildings and the responsibility to ensure compliance with the
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0002| adopted standards.
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0003| [F.] G. All political subdivisions of the state
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0004| are subject to the provisions of codes adopted and approved
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0005| under the Construction Industries Licensing Act. Such codes
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0006| constitute a minimum requirement for the codes of political
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0007| subdivisions.
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0008| [G.] H. The trade bureaus within their
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0009| respective jurisdictions shall recommend to the commission
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0010| standards for the installation or use of electrical wiring,
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0011| the installation and use of elevators and escalators, the
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0012| installation of all fixtures, consumers' gas pipe, appliances
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0013| and materials installed in the course of mechanical
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0014| installation and the construction, alteration or repair of all
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0015| buildings intended for use by the physically handicapped or
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0016| persons requiring special facilities to accommodate the aged.
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0017| The recommendations shall give due regard to physical, climatic
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0018| and other conditions peculiar to New Mexico.
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0019| [H.] I. The trade bureaus within their
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0020| respective jurisdictions shall recommend to the commission
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0021| standards for the construction, alteration, repair, use or
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0022| occupancy of manufactured commercial units, modular homes and
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0023| premanufactured homes. The recommendations shall substantially
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0024| embody the applicable provisions or standards for the safety to
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0025| life, health, welfare and property approved by the nationally
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0001| recognized standards association, which standards are in
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0002| general use in the United States or in a clearly defined region
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0003| of the United States, and shall give due regard to physical,
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0004| climatic and other conditions peculiar to New Mexico. Wherever
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0005| existing state codes or standards conflict with the codes and
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0006| standards adopted by the commission under the provisions of
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0007| this subsection, the provisions of the New Mexico Uniform
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0008| Building Code, the New Mexico Electrical Code, the New Mexico
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0009| Uniform Plumbing Code or the New Mexico Natural Gas Code shall
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0010| exclusively apply and control, except for codes and standards
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0011| for mobile housing units.
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0012| [I.] J. Modular homes and premanufactured homes
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0013| in existence at the time of the effective date of the
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0014| Construction Industries Licensing Act shall have their use or
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0015| occupancy continued if such use or occupancy was legal on the
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0016| effective date of that act, provided such continued use or
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0017| occupancy is not dangerous to life. Any change in the use or
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0018| occupancy or any major alteration or repair of a modular home
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0019| or premanufactured home shall comply with all codes and
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0020| standards adopted under the Construction Industries Licensing
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0021| Act.
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0022| [J.] K. The commission shall review all
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0023| recommendations made under the provisions of this section and
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0024| shall by regulation adopt standards and codes [which] that
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0025| substantially comply with the requirements of this section
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0001| [which] that apply to the recommendations of the trade
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0002| bureaus."
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0003| Section 7. APPROPRIATION.--One hundred thousand dollars
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0004| ($100,000) is appropriated from the general fund to the
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0005| construction industries division of the regulation and
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0006| licensing department for expenditure in fiscal year 1998 for
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0007| the purpose of establishing an elevator bureau, including
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0008| salaries and benefits for necessary qualified personnel. Any
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0009| unexpended or unencumbered balance remaining at the end of
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0010| fiscal year 1998 shall revert to the general fund.
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0011| State of New Mexico
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0012| House of Representatives
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0013|
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0014| FORTY-THIRD LEGISLATURE
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0015| FIRST SESSION, 1997
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0016|
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0017|
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0018| February 25, 1997
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0019|
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0020|
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0021| Mr. Speaker:
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0022|
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0023| Your BUSINESS AND INDUSTRY COMMITTEE, to whom
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0024| has been referred
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0025|
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0001| HOUSE BILL 702
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0002|
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0003| has had it under consideration and reports same with
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0004| recommendation that it DO PASS, and thence referred to the
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0005| APPROPRIATIONS AND FINANCE COMMITTEE.
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0006|
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0007| Respectfully submitted,
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0008|
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0009|
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0010|
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0011|
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0012|
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0013| Fred Luna, Chairman
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0014|
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0015|
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0016| Adopted Not Adopted
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0017|
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0018| (Chief Clerk) (Chief Clerk)
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0019|
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0020| Date
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0021|
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0022| The roll call vote was 9 For 0 Against
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0023| Yes: 9
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0024| Excused: Hobbs, Kissner, Olguin
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0025| Absent: Getty
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0001|
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0002|
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0003| G:\BILLTEXT\BILLW_97\H0702 State of New Mexico
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0004| House of Representatives
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0005|
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0006| FORTY-THIRD LEGISLATURE
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0007| FIRST SESSION, 1997
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0008|
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0009|
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0010| March 15, 1997
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0011|
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0012|
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0013| Mr. Speaker:
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0014|
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0015| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0016| whom has been referred
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0017|
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0018| HOUSE BILL 702
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0019|
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0020| has had it under consideration and reports same with
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0021| recommendation that it DO PASS.
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0022|
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0023| Respectfully submitted,
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0024|
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0025|
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0001|
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0002|
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0003|
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0004| Max Coll, Chairman
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0005|
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0006|
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0007| Adopted Not Adopted
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0008|
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0009| (Chief Clerk) (Chief Clerk)
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0010|
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0011| Date
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0012|
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0013| The roll call vote was 10 For 1 Against
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0014| Yes: 10
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0015| No: Bird
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0016| Excused: Buffett, Garcia,M.H., Marquardt, Picraux, Salazar,
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0017| Watchman
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0018| Absent: None
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0019|
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0020|
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0021| G:\BILLTEXT\BILLW_97\H0702
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