1. A. Authority having jurisidction:

   1. (1) CID has statewide authority over the regulation of permitting and inspections of all general construction, mechanical-plumbing, electrical and liquefied petroleum construction, alteration, repair, installation and demolition unless a county, municipality, or political subdivision has a current building department which provides permitting and inspections.
   2. (2) Certain counties, municipalities and political subdivisions have exercised their legal authority to establish full-service building departments for permitting and inspections of general construction, mechanical-plumbing and electrical trades. This authority does not include work in the liquefied petroleum industry over which CID has exclusive authority.
   3. (3) Certain counties, municipalities and political subdivisions were established as an AHJ as of July 1, 2009, with authority over specific trades, without establishing a full-service building department. These counties, municipalities and political subdivisions are allowed to continue as an AHJ for those specific trades.
   4. (4) In order to establish and maintain a building department allowing permitting and inspections the county, municipality or political subdivision must establish a full-service building department including general construction, mechanical-plumbing and electrical trades, must employ a full-time certified building official and employ sufficient CID certified inspectors to inspect for each trade.
   5. (5) CID shall conduct all inspections if a county, municipality or other political subdivision does not have a certified building official in its employ.

2. B. General requirements:

   1. (1) When a certified building official leaves the employ of a county, municipality or other political subdivision, the plan review, permitting and inspections overseen by that certified building official shall transfer to the state unless the county, municipality or other political subdivision, within 60 days or a longer period as approved by the division, replaces that certified building official or enters into a memorandum of understanding with another county, municipality or other political subdivision.
   2. (2) If the county, municipality or political subdivision does not replace its certified building official within the allowable time period approved by the division the county, municipality or political subdivision shall lose its authority to maintain a building department with all plan review, permitting and inspections transferred to CID pursuant to Subsection F of Section 60-13-41 NMSA 1978.
   3. (3) Should the county, municipality or political subdivision wish to re-establish a new building department employing a full-time certified building official and certified inspectors, it must be as a full-service building department including plan review, permitting and inspections of the general construction, mechanical-plumbing and electrical trades.

   4. (4) A county, municipality or other political subdivision may enter into a memorandum of understanding to share a certified building official and inspectors operating under that certified building official with another county, municipality or other political subdivision; provided that the certified building official is employed in the same county, in an adjacent county, within 100 miles of the county, municipality or other political subdivision or as approved by the division.

      History of 14.6.5 NMAC:

      Pre-NMAC History:

      Material in this part was derived from that previously filed with the commission of public records - state records center and archives as:

      CIC 70-2, General Construction Classifications, filed 11/25/1970;

      CIC 72-4, General Construction Classifications, filed 02/16/1972;

      CIC 76-2, Rules And Regulations, filed 05/05/1976;

      CID 78-2, Rules And Regulations, filed 12/05/1978;

      CID 79-1, Rules And Regulations, filed 06/06/1979;

      CID 82-1, Construction Industries Rules And Regulations, filed 04/14/1982;

      CID 85-1, Construction Industries Rules And Regulations, filed 02/04/1985;

      CID 90-1, Construction Industries Rules And Regulations, filed 05/31/1990.

      Other History:

      That portion of CID 90-1, Construction Industries Rules And Regulations, filed 05/31/1990 -- renumbered, reformatted and amended to 14 NMAC 6.5, Housing and Construction - Construction Industries Licensing - Inspectors, filed 09/03/1996.

      14 NMAC 6.5, Housing and Construction - Construction Industries Licensing - Inspectors, filed 09/02/1997

      14 NMAC 6.5, Housing and Construction - Construction Industries Licensing - Inspectors, amendment filed 10/22/1997

      14 NMAC 6.5, Housing and Construction - Construction Industries Licensing - Inspectors, amendment filed 04/17/2000

      14.6.5 NMAC, Housing and Construction - Construction Industries Licensing - Inspectors, effective 12/1/2000

      14.6.5 NMAC, Housing and Construction - Construction Industries Licensing - Inspectors, amendment filed 05/01/2014.

      History of Repealed Material:

      14 NMAC 6.5, Housing and Construction - Construction Industries Licensing - Inspectors, repealed effective 12/1/2000.

      14.6.5 NMAC – Inspectors, filed 12/1/2000 was repealed and replaced by 14.6.5 NMAC – Inspectors, effective 3/10/2022.

[14.6.5.9 NMAC - Rp, 14.6.5.9 NMAC, 3/10/2022]