N.M. Code R. § 14.9.3.3 – Statutory Authority

A. Pursuant to Section 60-13-9 (F) NMSA 1978 of the Construction Industries Licensing Act, the construction industries division of the regulation and licensing department has adopted 14 NMAC 9.3 [now 14.9.3 NMAC]. This section provides as follows: “The division shall adopt all building codes and minimum standards as recommended by the trade bureaus and approved by the commission so that the public welfare is protected, uniformity is promoted and conflicting provisions are avoided.”
B. Section 60-13-44 (B) NMSA 1978 of the Construction Industries Licensing Act states: “The mechanical bureau shall recommend to the commission minimum standards for the installation of all fixtures, consumers’ gas pipe, appliances and materials installed in the course of a mechanical installation. The recommendations shall be in substantial conformity with the Uniform Mechanical Code published by the international conference of building officials and the Uniform Plumbing Code published by the international association of mechanical and plumbing officials.”
C. Pursuant to Section 60-13-44 (F) NMSA 1978 of the Construction Industries Licensing Act, this rule and the materials adopted pursuant to this rule set the minimum building standards for the state of New Mexico. This provision specifically states: “All political subdivisions of the state are subject to the provisions of codes adopted and approved under the Construction Industries Licensing Act. Such codes constitute the minimum requirements for codes of political subdivisions.”
[12/31/98; Recompiled 10/01/01]