New
Mexico Register / Volume XXXIII, Issue 21 / November 8, 2022
NOTICE
OF SPECIAL MEETING AND RULE HEARING
THURSDAY, DECEMBER 8, 2022, 9:00 A.M,
NEW MEXICO REGULATION AND LICENSNG
DEPARTMENT OFFICES
5500 SAN ANTONIO DRIVE NE
Albuquerque, New Mexico 87109
The New Mexico Home Inspectors Board
will conduct a Special Meeting and Rule Hearing on Thursday, December
8, 2022 at 9:00 a.m. at the New Mexico Regulation and Licensing Department
(RLD) offices at 5500 San Antonio Drive NE, Albuquerque, New Mexico.
Because seating at the RLD offices is
limited, brokers and the public participate in the meeting and rule hearing by
Zoom. A link to the meeting will be
posted on the Board website no later than 72 hours before the meeting.
Synopsis
The Board will be considering the
following proposed changes to the Board Rules:
16.66.1 NMAC, General Provisions
16.66.1.7 Definitions:
A. Definitions beginning with the letter “A”:
(2) “Activate” means the act of turning on,
supplying power, or otherwise enabling systems, equipment, or devices to become
active by normal operating controls.
Not
used (only reference 16.66.1.7 NMAC GARAGES
(C) (2) is pressure-activated auto-reverse)
(3) “Ancillary
services” means a service or
inspection provided by a licensee or other provider but beyond the scope of the
Standards of Practice for Home Inspection provided in 16.66.7 including but not
limited to Mold Inspection, Lead Paint Assessment, Commercial Building
Inspection, Pool and Spa Inspection, Termite Inspection, and other Ancillary
Services and Inspections.
(5) “Appliance”
means a household device powered by
electricity or gas, but not including central heating, central cooling, or
plumbing components;
Modify
(5) “Appliance” means a permanently installed household device powered by electricity or gas, but not including
central heating, central cooling, or plumbing components.
“Appliance”
used in SOP section 16.66.7.23
B. Definitions beginning with the letter “B”
(1)
“Business relationship” means a former, current or
prospective relationship between a person or a person’s licensed agent, a home
inspection company and its clients, a home inspection company and the company
providing ancillary services, and between a client and a company providing
ancillary services. The business
relationship is based upon a financial contract between a person and a consumer
which is in force including those relationships in which the individual
benefits by receiving a salary, royalty, intellectual property rights,
consulting fee, honoraria, ownership interest (e.g., stocks, stock options or
other ownership interest, excluding diversified mutual funds), or other financial
benefit. A former relationship if it
occurred within a twelve-month time period of the
contract, a current or prospective relationship shall be disclosed in writing
to the client and the client must acknowledge in writing receipt and acceptance of the
disclosure. The receipt and acceptance
of the disclosure may be by electronic signature.
Definitions beginning with the letter “C”:
(1) “Central
air conditioning” [means a system which uses ducts to
distribute either or both cooled or dehumidified air to more than one room or
uses pipes to distribute chilled water to heat exchangers in more than one
room. This definition does not include systems or appliances that are plugged
into an electrical convenience outlet] “Central air conditioning” means:
(a) designed
to be permanently installed for central cooling (ducted) or modular (non-ducted) system. Systems may include evaporator coil(s), condenser
unit(s), heat pump(s), air handler(s) and furnace(s) or
(2) permanently
installed evaporative cooling ducted systems. This definition does not
include cooling units or
appliances that are designed and intended to be portable, non-permanent and or are designed for installation at windows.
Rationale Note: Portable units are
often installed permanently thru-walls and not per the manufacturer
16.66.7
NMAC, Standards of Practice
16.66.7.15
NMAC PLUMBING:
A. The
licensee shall inspect:
(1) Interior water supply and
distribution systems including fixtures and fixture trim
components (faucets, valves, drain stops, shower arms and showerheads, flush
handles, and functional flow at each fixture group, etc.).
(2) Interior drain, waste,
and venting systems, including fixtures and functional drainage at each
fixture group.
16.66.3
NMAC, Applications and Licenses
Expedited Licensure for Military
Members and Veterans
The Board proposes to amend Part 3 of
its rules to conform with the provisions of House Bill 120 passed by the 2021
legislature that require professional and occupational licensing boards to
issue licenses to military members, their spouses and dependent children, and
veterans, within 30 days of receiving a completed application and to waive
initial licensing fees for a period of three years if applicant holds equivalent
license from another state or jurisdiction.
Furthermore, the board seeks to add definitions to 16.66.17 NMAC as well
as 16.66.3.7 NMAC. These definitions will further specify qualifications for
expedited licensure. Additionally, the proposed revisions will provide notice
to the public and interested parties of applications and renewal changes for
military personnel, their spouses and dependent children as contemplated by
House Bill 120 to be codified in 16.66.3.12.
16.66.3.7 DEFINITIONS: [Refer to
Definitions, 16.66.1.7 NMAC.]
“Disqualifying criminal conviction” has the same meaning as
defined in Subsection E of Section 61-1-36 NMSA 1978.
Disqualifying Convictions
The Board proposes to amend Part 3 of
its rules to conform with the provisions of Senate Bill 2 passed by the 2021
legislature that limit a professional and occupational licensing board’s
ability to deny, suspend, revoke, or condition a license only for felony
convictions that relate to the profession or occupation in which the applicant
has applied for licensure.
Pursuant to the provisions of Senate
Bill 2, the Board proposes to amend Part 3 to include a list of felony
convictions that could potentially disqualify an applicant from being issued a
home inspectors license. The proposed
rule amendment is shown below in 16.66.3.15 NMAC.
16.66.3.11- Pre-Licensing
Examinations
The Board proposes to amend Subsection
A of 16.66.3.11 of its rules to allow passage of either the National Home
Inspector Examination (NHIE) or the Proctored Inter-NACHI Examination for
applicants applying for licensure under Training and Examination.
16.66.3.15 CRIMINAL
CONVICTIONS:
A. Convictions for any of the following offenses, or
their equivalents in any other jurisdiction, are disqualifying criminal
convictions that may disqualify an applicant from receiving or a licensee from
retaining a license issued by the board:
(1) homicide, voluntary or involuntary manslaughter;
(2) trafficking in controlled substances,
manufacturing of controlled substances or distribution of controlled
substances.
(3) human trafficking, kidnapping, false
imprisonment, aggravated assault or aggravated battery;
(4) rape, criminal sexual penetration,
criminal sexual contact, incest, indecent exposure, or other related felony
sexual offenses;
(5) crimes involving adult abuse, neglect
or financial exploitation;
(6) crimes involving child abuse or neglect;
or
(7) crimes involving robbery, larceny,
extortion, burglary, possession of burglary tools, destruction of property,
criminal damage to property, unlawful or dangerous use of explosives, breaking
and entering, arson, making a bomb scare, tampering with evidence
or receiving stolen property.
(8) financial crimes involving fraud,
forgery, embezzlement, or credit card fraud.
(a) This includes a conviction of an
offense which, if committed in this state, would be deemed a felony under
either state or federal law, without regard to its designation elsewhere.
(b) The term "conviction" shall
include a finding or verdict of guilt, a plea of guilty, or a plea of nolo
contendere in a criminal proceeding, regardless of whether the adjudication of
guilt or sentence is withheld or not entered thereon
or an appeal of the conviction has been sought.
B. The board shall not consider the
fact of a criminal conviction as part of an application for licensure or
licensure renewal unless the conviction in question is one of the disqualifying
criminal convictions listed in Subsection A of this rule.
C. The board shall not deny, suspend or revoke a license on the sole basis of a criminal
conviction unless the conviction in question is one of the disqualifying criminal
convictions listed in Subsection A of this rule.
D. Nothing in this rule prevents the
board from denying an application or disciplining a licensee on
the basis of an individual’s conduct to the extent that such conduct
violated the Home Inspector Licensing Act, regardless of whether the individual
was convicted of a crime for such conduct or whether the crime for which the
individual was convicted is listed as one of the disqualifying criminal
convictions listed in Subsection A of this rule.
E. In connection with an application
for licensure or licensure renewal, the board shall not use, distribute,
disseminate, or admit into evidence at an adjudicatory proceeding criminal
records of any of the following:
(1) an arrest not followed by a valid conviction;
(2) a conviction that has been sealed,
dismissed, expunged or pardoned;
(3) a juvenile adjudication; or
(4) a conviction for any crime other than
the disqualifying criminal convictions listed in Subsection A of this rule.
F. In the circumstance where the board
reserves a decision on an applicant/ licensee based on a potentially
disqualifying conviction, the applicant/licensee will be entitled to notice and
a hearing on the issues.
16.66.6 NMAC, Code of Ethics
The board proposes to amend 16.66.6.8 NMAC, Code of Ethics to add a new paragraph C:
16.66.6.8 CODE OF ETHICS: All licensed home inspectors in New Mexico shall abide at all times by the Code of Ethics contained in this Part.
A. This Code of Ethics rests on the fundamental principles of integrity, honesty, and objectivity. All provisions contained herein shall be interpreted at all times in the light of these principles, which govern the New Mexico home inspection industry.
B. All licensees shall comply with this Code of Ethics, shall avoid association with any enterprise whose practices violate this Code of Ethics, and shall strive to uphold, maintain, and improve the integrity, reputation, and practice of home inspection.
C. All licensees shall be of good
repute and competent to transact the business of a home inspector in a manner
that safeguards the interests of the public.
Statutory Authority
These rules are promulgated pursuant to
the Home Inspector Licensing Act, Subsection G of Section 61-24D-3 NMSA 1978
(2019).
Public Comment and Participation
Interested persons may submit written
comments on the proposed changes to the board rules by email at
wayne.ciddio@state.nm.us or may submit written comments to the New Mexico Home
Inspectors Board, 5500 San Antonio Drive NE, Albuquerque, New Mexico 87109,
Attn. Wayne W. Ciddio, Board Administrator.
Interested persons may make comments
and ask questions about the proposed rules via Zoom during the rule hearing.
The board will vote on the final rules at the conclusion of the rule hearing.
Full copies of the texts of the
proposed rules can be obtained from the Board office at the email and physical
addresses shown above.
Special Accommodations
If you are individual with a disability
who is in need of reader, amplifier, qualified sign
language interpreter or any other form of auxiliary aid or service to attend or
participate in the meeting and hearing, contact Wayne W. Ciddio, Board
Administrator, New Mexico Home Inspectors Board at (505) 785-3937 at least one
week prior to the meeting or as soon as possible.
Public documents, including the agenda
and minutes, can be provided in various accessible formats. Please contact Mr. Ciddio if a summary or
other type of accessible format is needed.