New
Mexico Register / Volume XXXIV, Issue 9 / May 16, 2023
NOTICE OF PROPOSED RULEMAKING
NOTICE IS HEREBY GIVEN that the State Fire Marshal (“Fire Marshal”),
pursuant to the New Mexico Insurance Code, Paragraph (2) of Subsection C of Section 59A-52-1.1 NMSA 1978, proposes
to amend Rule 10. 25.2 NMAC, Certificates of Fitness.
PURPOSE OF THE PROPOSED NEW RULE IS: To amend 10. 25.2
NMAC to reflect inspection and testing requirements by adding (1) fire
and smoke dampers to the enumerated bases for a certificate of fitness, and (2)
application requirements for certification to inspect and test such dampers.
STATUTORY AUTHORITY: Section 59A-52-15 NMSA 1978.
Copies
of the Notice of Proposed Rulemaking and proposed rule are available by
electronic download from the State Fire Marshal’s Office website (www.nmdhsem.org/state-firemarshal) or the New Mexico Sunshine
Portal.
The
State Fire Marshal’s Office will hold a public video/telephonic hearing on the
proposed rule on June 15, 2023, at 9:00 a.m.
Join via Video: https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2Q2YjY2MDctZjJjZi00ZWRkLWI2MDctZjU0ZTg5NTQ3OGZm%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2277e4a8c0-c053-42c5-94ea-9f1a7d06d123%22%7d
Meeting
ID: 249 964 854 127
Passcode:
evpy7t
Join via telephone: 1-505-312-4308
Passcode: 925 440
164#
The
Fire Marshal designates Bureau Chief Aaron Garcia 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 June 15, 2023. Responses to written comments or oral comments
will be accepted through 12:00 pm on June 15, 2023. Comments may be submitted via email to AaronM.Garcia@dhsem.nm.gov
or may be filed by sending original copies to:
New
Mexico Fire Marshal’s Office, New Mexico Department of Homeland Security
13 Bataan Blvd., PO 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 review
and consider all timely submitted written and oral comments and responses.
ISSUED
this 21st day of April
/s/
Fire Marshal Randy Varela