1. A. The rules promulgated pursuant to Chapter 59A, Article 52 NMSA 1978 shall have uniform force and effect throughout the state and no municipality or subdivision shall enact or enforce any ordinances or rules inconsistent with the statewide rules promulgated pursuant to that article. Nothing in that article shall impair the power of any municipality to regulate the use of its land by zoning, building codes or restricted fire district rules, except as provided in Subsection B of this section.

2. B. The rules promulgated pursuant to Chapter 59A, Article 52 NMSA 1978 shall:

   1. (1) not impose regulations on registered child care homes, licensed family child care homes or licensed group child care homes as defined in Section 9-29-2 NMSA 1978 that do not also apply to other private residences;
   2. (2) treat licensed child care centers as defined in Section 9-29-2 NMSA 1978 as a permitted by right use in all zones designated as commercial, mixed-use or multifamily residential; and
   3. (3) not impair the power of the early childhood education and care department to determine standards and regulate registered child care homes, licensed family child care homes or licensed group child care homes.
3. C. The state fire marshal shall offer training to certified firefighters to assist with fire and fire safety inspections.
4. D. As used in this section, "permitted by right" means a use that is designated as an allowed use within a zoning district and does not require conditional use approval, special exceptions or permits, variances or any other discretionary approval by the zoning authority beyond compliance with applicable standards of the zoning district.

History: Laws 1984, ch. 127, § 964; 2020, ch. 9, § 45; 2026, ch. 62, § 5.

ANNOTATIONS

The 2026 amendment, effective July 1, 2026, prohibited rules promulgated under the State Fire Marshal Act from imposing regulations on certain child care homes that do not apply to other private residences, required rules to treat licensed child care centers as a permitted by right use in all zones designated as commercial, mixed-use or multifamily residential, and defined "permitted by right" as used in this section; in Subsection A, after "district rules" added "except as provided in Subsection B of this section"; added a new Subsection B and redesignated former Subsection B as Subsection C; and added Subsection D.

The 2020 amendment, effective July 1, 2021, required the state fire marshal to offer training to certified firefighters, and made certain technical amendments; in Subsection A, after "pursuant to", deleted "this article" and added "Chapter 59A, Article 52 NMSA 1978"; and added Subsection B.