New Mexico Administrative Code
Title 14 - HOUSING AND CONSTRUCTION
Chapter 6 - CONSTRUCTION INDUSTRIES LICENSING
Part 5 - INSPECTORS
Section 14.6.5.8 - INSPECTORS
Universal Citation: 14 NM Admin Code 14.6.5.8
Current through Register Vol. 35, No. 18, September 24, 2024
A. Qualifications:
(1)
Qualifications for inspectors shall be prescribed by the Construction
Industries Commission.
(2)
Applicants shall submit to a background check as prescribed by the
commission.
(3) The request to
certify an applicant must be initiated by an AHJ to fill an inspector
position.
(4) To qualify as an
inspector for general building, electrical, mechanical or LP gas a candidate
shall meet the following minimum qualifications:
(a) Mechanical-plumbing trade and electrical
trades: three years of journeyman or foreman level experience;
(b) General construction: three years of
foreman experience;
(c) LP gas:
three years of experience in design, construction or operation of LP gas
installations;
(d) Candidates for a
mechanical, electrical, or general construction inspector position may
substitute technical, university, or college training in a mechanical,
electrical or general construction field for up to two years of the three years
journeyman or foreman level experience. The remaining year must be directly
related journeyman or foreman level field experience. The equivalency shall be
calculated such that one year of technical, university or college training
shall equal 1/2 a year of journeyman or foreman level experience.
(e) Candidates for a mechanical, electrical
or general construction inspector position may substitute a minimum of five
years of work experience as a certified inspector from a recognized
jurisdiction for one year of the experience requirement, and at least two years
of related trade experience or construction related technical, university or
college training.
B. Potential denial of inspector certification based on disqualifying criminal conviction(s).
(1) Pursuant to Section
28-2-4
NMSA 1978, the division may refuse to grant or renew a license or certificate
if an applicant has been convicted of a felony and the criminal conviction
directly relates to the particular trade, business or profession.
(2) To deny an application for certification
based on a disqualifying criminal conviction the following must be considered:
(a) CID shall not consider an applicant's
criminal conviction to deny certification unless the conviction is one of the
disqualifying criminal convictions listed in Paragraph (4) below.
(b) Should an applicant be denied a
certificate based on a disqualifying criminal conviction, the applicant may
submit a written justification providing evidence of mitigation or
rehabilitation for reconsideration by the division.
(c) Should CID deny the certification after
receipt of the written justification stated above, the denial may be appealed
and subject to a hearing pursuant to the Uniform Licensing Act to determine
whether the denial is properly based upon a disqualifying criminal
conviction.
(3) In
connection with an application for certification, the construction industries
division shall not use, distribute, disseminate, or admit into evidence at an
adjudicatory proceeding criminal records of any of the following:
(a) a conviction that has been sealed,
dismissed, expunged or pardoned;
(b) a juvenile adjudication; or
(c) a conviction for any crime other than the
disqualifying criminal convictions listed in Paragraph 4 of Subsection F of
this rule.
(4)
Disqualifying felony criminal convictions that may allow the denial of
certification or the denial of renewal of certification, whether in New Mexico
or their equivalent in any other jurisdiction include:
(a) conviction involving attempts to evade or
defeat payment of a tax that is owed or may be lawfully assessed;
(b) conviction involving physical harm to a
person or for an attempt, conspiracy or solicitation to commit such
crimes;
(c) robbery, larceny,
burglary, fraud, forgery, embezzlement, arson, theft of identity, extortion,
racketeering or receiving stolen property or for an attempt, conspiracy or
solicitation to commit such crimes;
(d) conviction involving bribery of a public
officer or public employee or for an attempt, conspiracy or solicitation to
commit such crimes;
C. Certification:
(1) The trade bureau shall ascertain, by
written communication from current or previous employers, the experience
qualifications and knowledge of an applicant.
(2) The experience must have been gained
within four years of the 10 years immediately preceding the
application.
(3) Each applicant
shall pass the specific trade bureau's inspector examination with a minimum
passing score of seventy-five percent prior to conducting any
inspections.
(4) If all inspector
application requirements are satisfactorily completed, the inspector
certificate will be issued; however, the division reserves the right to deny
the issuance of the certificate for reasonable and just cause.
(5) Each inspector must pass the examination
of a national certifying organization, if appropriate, recognized by the
division within one year of employment; and remain current by such verifying
organization to maintain state inspector certification.
(a) Electrical inspectors shall pass the
certification test administered by the international code council, or
international association of electrical inspectors, or as determined
appropriate by the electrical bureau.
(b) Mechanical inspectors shall pass the
certification test administered by the international association of plumbing
and mechanical officials or the international code council, or as determined
appropriate by the mechanical bureau.
(c) General construction inspectors shall
pass the certification test administered by the international code council, or
as determined appropriate by the general construction bureau.
(6) Inspectors shall meet the
minimum continuing education requirements as prescribed by the nationally
recognized code organization for each trade bureau jurisdiction and provide
proof of such credits to the division upon application for or renewal of
certification. The division shall certify and issue a statewide inspectors
certification to any person who meets the requirements established by CID and
the nationally recognized code organization for certification. The certificate
shall list all trade bureaus for which the inspector is certified to inspect
and shall be valid for a term of three years.
D. General requirements:
(1) As required in the CILA Section
60-13-8
NMSA 1978, any person employed or placed under contract by the division or by
any county or municipality for the purpose of carrying out the provisions of
the CILA who holds any contractor's license or certificate of competence issued
by the division, shall, as a condition of employment surrender the contractor's
license or certificate of competence to the division to be held in inactive
status. The division shall place the license or certificate on hold effective
from the date the employment or contract begins until the date the employment
or contract terminates.
(2)
Suspension shall be immediate and automatic for any inspector who fails to
surrender his contractor's license or certificate of competence as required
above.
(3) An inspector shall be
employed by a county, municipality or other political subdivision in order to
inspect work under permits issued in the trade bureau for which the inspector
is certified; provided that the county, municipality, or other political
subdivision has a certified building official in its employ and has adopted the
current minimum code standards as established by the commission.
(4) A certificate issued pursuant to this
subsection may be suspended or revoked if the certificate holder has been
convicted of a felony enumerated as a disqualifying criminal conviction
pursuant to Paragraph (4) of Subsection B of 14.6.5.8 NMAC and 14.5.8
NMAC
E. Inspectors with multiple certifications inspecting in a second discipline: An inspector properly qualified and certified in a primary discipline may conduct inspections in a secondary discipline provided the following qualification requirements are met:
(1) The inspector must pass the respective
state certification examination in the second discipline;
(2) The inspector must become nationally
certified in the secondary discipline within one year of obtaining the state
multiple certification;
(3) The
inspector shall successfully complete a minimum of 40 hours of classroom
training determined by the appropriate trade bureau chief;
(4) The inspector shall successfully complete
a minimum of 80 hours of field training approved by the appropriate trade
bureau chief;
(5) The inspector
shall perform only residential inspections in the secondary discipline, except
as provided below in Paragraph (8) of Subsection D of 14.6.5.8 NMAC;
(6) The building department for which the
inspector intends to work in the capacity of a secondary inspector shall have a
full time inspector on staff as a properly certified primary inspector in the
discipline, who shall provide supervision and oversight of the inspector
working in the secondary discipline;
(7) The inspector serving as a multiple shall
remain currently certified in the secondary discipline;
(8) The inspector serving as a multiple
inspector that has verifiable field experience in commercial work, or has
received approved hands-on training in commercial under a commercial primary
inspector in the discipline at issue, and the field experience or hands on
training curriculum meets the approval of the appropriate bureau chief, the
secondary inspector may perform residential and commercial inspectors in the
secondary discipline under the approval of a primary residential and commercial
inspector.
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