New
Mexico Register / Volume XXXII, Issue 20 / October 26, 2021
NOTICE OF PROPOSED RULEMAKING
NOTICE IS HEREBY GIVEN that the State Fire Marshal (“Fire Marshal”), New Mexico Department of Homeland Security &
Emergency Management, pursuant to the New
Mexico Insurance Code, NMSA 1978, Section 59A-52-1.1, proposes to adopt a new rule, 10. 25.12.1 NMAC, INSPECTION OF FIRE AND
SMOKE DAMPERS.
PURPOSE OF THE PROPOSED NEW RULE IS: This rule requires the
inspection and testing of mechanical fire and smoke dampers and smoke control
systems in places of assembly, educational occupancies, institutional
occupancies, residential occupancies consisting of four or more family units,
mercantile occupancies, industrial occupancies, storage occupancies, and miscellaneous
structures consisting of towers, underground structures and windowless
buildings and all buildings owned or occupied by the state or any political
subdivision thereof or by municipal governments. It also sets the minimum
qualifications for the inspection and testing of fire and smoke dampers and
some control systems.
STATUTORY AUTHORITY: NMSA 1978, Section 59A-52-1.1(C)(1).
Copies
of the Notice of Proposed Rulemaking and proposed rule are available by
electronic download from the State Fire Marshal’s Office website State Fire Marshal - NM Department of Homeland
Security & Emergency (nmdhsem.org) or the New Mexico Sunshine Portal.
The
State Fire Marshal’s Office will hold a public video/telephonic hearing on the
proposed rule on November 30, 2021 at 9:00 a.m.
Join
via Video: https://us06web.zoom.us/j/87103002232?pwd=clZKMnBRbGI0NzM0U3FHWkRVbGlYdz09
Join
via telephone: 17207072699 Meeting
ID: 871 0300 2232 Passcode: 368050
The
Fire Marshal designates Bureau Chief Kylle Marshall to act as the hearing
officer for this rulemaking. Oral
comments will be accepted at the video/telephonic hearing from members of the
public and any interested parties.
Written comments and proposals will be accepted
through 4:00 pm on November 23, 2021. Responses to written
comments or oral comments will be accepted through 4:00 pm on November 24, 2021.
Comments
may be submitted via email to kylle.marshall@state.nm.us or may be filed by
sending original copies to:
New
Mexico Fire Marshal’s Office, New Mexico Department of Homeland Security, 13
Bataan Blvd., P.O. Box 27111, Santa Fe, NM. 87502
Only
signed statements, proposals, or comments will be accepted. Scanned or
electronic signatures conforming to federal and state court requirements will
be accepted with the understanding that if there is any dispute regarding a
signature, the Fire Marshal reserves the right to require that original
signatures be provided to verify the electronic signature. All filings must be
received between the hours of 8:00 a.m. and 4:00 p.m. Monday through Friday
except on state holidays. Any filings after 4:00 will be filed to the docket
the next business day.
SPECIAL NEEDS: Any person with a disability who is in need
of a reader, amplifier, qualified sign language interpreter, or other auxiliary
aid or service to attend or participate in the hearing should contact Danielle
Gonzales at 505-476-0874 ten (10) business days prior to the hearing.
The Fire Marshal will
consider all oral comments and will review all timely submitted written
comments and responses.
ISSUED
this 14th day of October 2021
/S/Chief
John Kondratick