TITLE
14 HOUSING AND CONSTRUCTION
CHAPTER 5 CONSTRUCTION
INDUSTRIES GENERAL PROVISIONS
PART 3 INSPECTIONS
14.5.3.1 ISSUING
AGENCY: Construction Industries Division
of the Regulation and Licensing Department.
[14.5.3.1
NMAC - Rp, 14.5.3.1 NMAC, 11/15/2016]
14.5.3.2 SCOPE:
This rule applies to all contracting work performed in New Mexico on or
after November 15, 2016, that is subject to the jurisdiction of CID, unless
performed pursuant to permit for which an application was received by CID
before that date.
[14.5.3.2
NMAC - Rp, 14.5.3.2 NMAC, 11/15/2016]
14.5.3.3 STATUTORY
AUTHORITY: Sections
60-13-9 and 60-13-41 NMSA 1978.
[14.5.3.3
NMAC - Rp, 14.5.3.3 NMAC, 11/15/2016]
14.5.3.4 DURATION: Permanent.
[14.5.3.4
NMAC - Rp, 14.5.3.4 NMAC, 11/15/2016]
14.5.3.5 EFFECTIVE
DATE: November 15, 2016, unless a later
date is cited at the end of a section.
[14.5.3.5
NMAC - Rp, 14.5.3.5 NMAC, 11/15/2016]
[From
the date of publication of this rule in the New Mexico register, until
July 1, 2017, permits may be issued under either the previously-adopted rule,
or this rule. After July 1, 2017,
permits may be issued only under this rule.]
14.5.3.6 OBJECTIVE: The purpose of this rule is to set forth
requirements for inspections of all contracting work in New Mexico that is
subject to the jurisdiction of CID.
[14.5.3.6
NMAC - Rp, 14.5.3.6 NMAC, 11/15/2016]
14.5.3.7 DEFINITIONS:
A. Trade bureau chief “TBC”
means the administrative head of a state of New Mexico trade bureau
charged with
the administration and enforcement of that trade bureau’s
state adopted code s. The trade bureau chiefs are the ultimate authority to
determine interpretations of their trade code. This includes
applications of the New Mexico trade codes. The trade bureau chief shall
recommend to the “CID and CIC” all minimum standards for code adoptions.
B. Certified building official “CBO" means an employee of any county, municipality or other
political subdivision who has a broad knowledge of the construction industry,
holds a current nationally recognized code organization certified building
official certificate and has been either a practicing inspector or practicing
contractor for at least five years or held a management position in a
construction-related company or construction organization for at least five of
the past 10 years. This official is charged with the administration and enforcement
of the adopted administrative codes for an AHJ.
C. State of New Mexico certified building official
“NMCBO”- a person who meets the qualifications for CBO, is employed by CID as
a trade bureau chief, and appointed by the director as the state’s NMCBO. The
NMCBO has ultimate authority over conflicts arising among AHJs other than trade
bureau chiefs..
D. Inspector-means a person certified by the
division and certified by one or more trade bureaus to conduct inspections of
permitted work in a jurisdiction that has an inspection and permitting agency
with a state approved CBO to ensure that all work performed by a contractor or
the homeowner complies with the applicable codes.
E. Authority Having
Jurisdiction “AHJ”- means the entity
with permitting and enforcement authority over a project within its
jurisdiction.
[14.5.3.7 NMAC - Rp, 14.5.3.7 NMAC, 11/15/2016]
14.5.3.8 GENERAL
PROVISIONS:
A. Application.
All work for which a permit is issued must be inspected.
B. Code compliance.
The inspections necessary to ensure that the work complies with an
applicable code shall be performed by the appropriate inspector under the
direction of the AHJ responsible for that code.
C. Notification.
It is the responsibility of the permittee, or the permittee’s duly
authorized agent, to timely notify the appropriate inspector when work is ready
for inspection, and to provide access to, and the means to perform inspections
of, the work. Notification shall be made
as specified on the permit or in other instructions made available by the AHJ
building official or the division, but in no event shall such notification be
given less than 24 hours before the work is to be inspected.
D. Violations.
If, upon inspection, any permitted work is found not to be in full
compliance with an applicable code, the inspector shall serve a written notice
on the permittee citing the code violation observed and ordering that the
violation be corrected. The permitee is
responsible for notifying the inspector when all corrections have been made and
the work is ready for re-inspection.
Failure to comply with a correction notice within the time required by
the AHJ building official or the inspector or, if no time is specified, within
a reasonable time is a violation of the CID rules and may result in
disciplinary action by the division.
E. Covered and unapproved work.
Work must be visible to be inspected and shall not be covered or used
before approval is given by the inspector.
Work that is covered before it is inspected, tested, if applicable, and
approved may be ordered uncovered by the inspector or AHJ No work shall be
performed in the course of the inspections process beyond what is required for
the next inspection without approval of the inspector.
[14.5.3.8
NMAC - Rp, 14.5.3.8 NMAC, 11/15/2016]
14.5.3.9 INSPECTIONS:
The following inspections are
required unless otherwise indicated.
A. For work subject to
the NMCBC.
(1) Footing and foundation inspection, see Section
110 of the IBC.
(2) Concrete
slab or under floor inspection, see Section 110
of the IBC.
(3) Lowest
floor elevation, see Section 110 of the IBC.
(4) Frame
inspection, see Section 110 of the IBC.
(5) Roof assembly inspection.
(6) Exterior
wall opening flashings.
(7) Weather resistive barrier inspection
is to be made after installation of the appropriate weather resistive barrier
and before such barrier is covered.
(8) Lath
and gypsum board, see Section 110 of the IBC.
(9) Fire
and smoke-resistant penetrations, see Section 110 of the IBC.
(10) Energy
efficiency inspection, see Section 110 of the IBC.
(11) Other
inspections required by the AHJ building official, see Section 110 of the IBC.
(12) Special
inspections, see Section 110 of the IBC.
(13) Final inspection, see Section 110 of the IBC.
B. For work subject to
the NMRBC.
(1) Footing
and foundation inspection, see Section 109.1.1 of the IRC.
(2) Concrete
slab or under floor inspection, see Section 109 of the IRC.
(3) Frame and masonry inspections, see
Section 109.1.4 of the IRC.
(4) Roof
assembly inspection.
(5) Exterior
wall opening flashings.
(6) Weather resistive barrier inspection
is to be made after installation of the appropriate weather resistive barrier
and before such barrier is covered.
(7) Energy efficiency inspections and state of New Mexico thermal bypass
inspection checklist verification.
(8) Lath and gypsum board, see Section 109.1.5 of
the IRC.
(9) Other
inspections required by the AHJ, see Section 109 of the IRC.
(10) Fire resistance rated construction
inspection, see Section 109.1.5.1 of the IRC.
(11) Final inspection, see Section 109.1.6
of the IRC.
C. For work subject to
the NMEC.
(1) Temporary pole (if applicable).
(2) Underground or under-slab (if applicable).
(3) Rough-in:
(a) on residential projects, all wiring
must be installed and connections made-up;
(b) on commercial projects, perform
inspections as required.
(4) Pre-final (if applicable).
(5) Final (electrical system is
complete and energized).
D. For work subject to the NMMC.
(1) Rough
inspection of all mechanical work covered by permit after work has been
installed and before it is covered or concealed.
(2) Temporary
heat (if applicable).
(3) Final
inspection after all mechanical work covered by permit has been installed and
covered and after fixtures and appliances have been attached.
(4) Operation
of mechanical equipment installed to replace existing equipment or
fixtures. See the existing installations
section of the currently adopted UMC.
E. For work subject to the NMPC.
(1) Rough
inspection of all plumbing work covered by permit after work has been installed
and before it is covered or concealed.
(2) Top-out
inspection of all vented piping above floor and all extensions through the roof
and walls. The top-out testing
procedures are at the option of the inspector to insure the system is free from
leaks or defects.
(3) Water
distribution including all water piping inside and under a building.
(4) Water
service piping from a service meter to a connection outside the building.
(5) Final
inspection after all plumbing work covered by permit has been installed and
covered and after fixtures and appliances have been attached.
(6) Operation
of plumbing equipment to replace existing equipment or fixtures, see the
existing installations section of the currently adopted UPC.
F. Additional inspections. In addition to required inspections, the AHJ or
CBO is authorized to make or require other inspections of any construction work
to ascertain compliance with the provisions of the applicable New Mexico
construction codes.
G. Re-inspections.
(1) A re-inspection
fee shall be permitted to be assessed for each inspection or re-inspection when
such portion of work for which an inspection is called and is not complete or
when the required corrections have not been made. This provision shall not to be interpreted as
requiring a re-inspection fee the first time work is rejected for failure to
comply with the applicable New Mexico construction codes, but for controlling
the practice of requesting inspections before the work is ready for inspection
or re-inspection. No additional
inspections of the work will be performed until the required fees have been
paid and re-inspection has been made.
(2) Re-inspection
fees may be assessed when the approved plans are not readily available to the
inspector, or for deviating from plans without the approval of the authority
having jurisdiction.
(3) Re-inspection
fees may be assessed for failure to provide access on the date for which the
inspection is requested.
[14.5.3.9 NMAC - Rp, 14.5.3.9 NMAC, 11/15/2016; A, 5/15/2018]
14.5.3.10 STOP WORK
ORDERS: Whenever contracting is being performed contrary
to the CID rules, the AHJ or inspector may order that the work be stopped and
shall give written notice of such order to the person performing the work or
causing the work to be performed. Any
person receiving such notice shall cease and desist from performing, or causing
the performance of, the work until authorized, in writing, by the AHJ or the
inspector to proceed.
[14.5.3.10
NMAC - Rp, 14.5.3.10 NMAC, 11/15/2016]
14.5.3.11 INSPECTION
OF WORK ON ANNUAL PERMIT: No less often than once a
calendar quarter, the inspector having jurisdiction shall visit all sites where
work is authorized by an annual permit.
The inspector shall inspect all work performed since the date of the
last inspection. Violations of the applicable
code shall be corrected pursuant to Subsection D of 14.5.3.8.4 NMAC. The inspector shall issue a certificate of
approval for any work that has been performed in compliance with the applicable
code and the applicable provisions of the CID rules.
[14.5.3.11
NMAC - Rp, 14.5.3.11 NMAC, 11/15/2016]
14.5.3.12 PRODUCT
STANDARDS AND APPROVALS:
A. Product approval.
Construction or installations shall not be approved as code compliant
unless the products and materials used meet the standards set forth in the New
Mexico construction codes.
B. Procedures for determining
compliance. The CBO has the authority to establish the
procedures necessary to determine whether products and materials meet the
standards set forth in the New Mexico construction code for which the CBO is
responsible.
C. Marking systems.
Each CBO has the authority to require marking/labeling systems to easily
identify products that comply with the standards set forth in the New Mexico
construction code applicable to those products.
D. Approval of listing agencies. Each CBO has the authority to designate
approved listing agencies whose testing standards and procedures, and
marking/labeling, are such that they can be relied on to identify products and
materials that are compliant with the standards established by the New Mexico
construction code applicable to those products.
A listing agency shall not be approved for certifying, marking/labeling
products for use in New Mexico that does not certify compliance with the
applicable New Mexico construction code on a reliable basis, and that does not
provide an easy-to-identify marking system.
E. Use of approved materials - new and
used. See Sections 104.9 of the IBC and
R104.9.1of the IRC.
[14.5.3.12
NMAC - Rp, 14.5.3.12 NMAC, 11/15/2016]
14.5.3.13 CERTIFICATES
OF OCCUPANCY:
A. Occupancy.
No building, or portion thereof,
on which construction has been undertaken shall be occupied until the
appropriate inspector has issued a certificate of occupancy, except that no
certificate of occupancy shall be required for work not required to be
permitted pursuant to any part of the CID rules or CILA.
B. Issuance. No certificate of occupancy shall be issued
by the CBO or the inspector until all of the required inspections have been
performed, in the proper order, and the appropriate inspectors have approved
the work.
C. Homeowner’s permit. Any certificate of occupancy issued for a
residence constructed pursuant to a homeowner’s permit shall expressly state
that the residence was so constructed.
D. Temporary certificate of occupancy. The appropriate inspector may issue a
temporary certificate of occupancy for a period not to exceed one year when:
(1) an
analysis of the circumstances in any specific case indicates that a temporary
certificate of occupancy is appropriate;
(2) life,
safety or health will not be adversely affected by doing so; and
(3) good
cause is shown by the permitee in a written request for an extension of a
current, valid temporary certificate of occupancy.
E. Effect. The issuance of a certificate of occupancy
shall not be construed as an approval of a violation of the provisions of the
New Mexico construction codes or of other applicable laws. Certificates presuming to give authority to
violate or cancel the provisions of any applicable code or other law shall not
be valid. No certificate of occupancy
shall certify, or be interpreted to certify, compliance with the requirements
of any other regulatory agency that may or might have jurisdiction over aspects
of a project that are outside the jurisdiction of the division. Such aspects include, but are not limited to,
compliance with fire code standards enforced by the state fire marshal, or any
local fire code enforcement agency; the state environment department; the state
health department, the state human services department, the public regulation
commission, or any other state or local regulatory agency.
F. Revocation or suspension.
(1) The
general construction AHJ is authorized to suspend or revoke a certificate of
occupancy if:
(a) the
certificate was issued in error or on the basis of incorrect information; or
(b) the
work violates an applicable New Mexico construction code or applicable
provisions of the CID rules or CILA.
(2) A suspended certificate of occupancy
may be reinstated upon approval of the appropriate AHJ building official and
payment of any fee assessed pursuant to 14.5.5 NMAC, Fees.
[14.5.3.13
NMAC - Rp, 14.5.3.13 NMAC, 11/15/2016]
14.5.3.14 INSPECTION AGENCIES: An inspection agency may be approved by the
division to conduct inspections on behalf of the division, provided such agency
has and maintains in its employ, certified inspectors for general construction,
mechanical and electrical specialties, who are qualified under 14.6.5 NMAC,
Inspectors.
[14.5.3.14
NMAC - Rp, 14.5.3.14 NMAC, 11/15/2016]
14.5.3.15 CONNECTION APPROVAL:
A. Plumbing.
No person shall connect, or
reconnect, any plumbing system to an energy or water source or to a sewer
system until the AHJ or authorized inspector has given approval to do so.
B. Mechanical. No person shall connect, or reconnect, any
mechanical system or equipment to an energy, fuel or other power source until
the AHJ or authorized inspector has given approval to do so.
C. Electrical. No person shall connect, or reconnect any
electrical wiring to an energy source until the AHJ building official or
authorized inspector has given approval to do so.
D. Exception.
A public or private utility may make a connection from a supply of water
or gas to an installation if, the appropriate AHJ has failed to approve or
disapprove the work or installation to which the connection will be made within
seven working days after receiving notification that the work is ready to
inspect.
[14.5.3.15
NMAC - Rp, 14.5.3.15 NMAC, 11/15/2016]
HISTORY
OF 14.5.3 NMAC:
Pre-NMAC
History: Material in this part was derived from that
previously filed with the commission of public records - state records center
and archives as:
CIC 70-2,
General Construction Classifications, filed 11-25-1970;
CIC 72-4,
General Construction Classifications, filed 02-16-1972;
CIC 76-2,
Rules and Regulations, filed 05-05-1976;
CID 78-2,
Rules and Regulations, filed 12-05-1978;
CID 79-1,
Rules and Regulations, filed 06-06-1979;
CID 82-1,
Construction Industries Rules and Regulations, filed 04-14-1982;
CID 85-1,
Construction Industries Rules and Regulations, filed 02-04-1985;
CID 90-1,
Construction Industries Rules and Regulations, filed 05-31-1990.
History of Repealed Material:
14 NMAC
5.3, Housing and Construction - Construction Industries General Provisions -
Inspections (filed 09-02-1997), repealed 12-1-2000.
14.5.3 NMAC, Housing and
Construction - Construction Industries General Provisions - Inspections (filed
10/16/2000), repealed 7-1-2004.
14.5.3 NMAC, Inspections (filed
5-27-2004), repealed 11/15/2016.
Other
History:
That
portion of CID 90-1, Construction Industries Rules and Regulations, filed
05-31-1990 -- renumbered, reformatted and amended to 14 NMAC 5.3, Housing and Construction
- Construction Industries General Provisions - Inspections, filed 09-03-1996.
14 NMAC
5.3, Housing and Construction - Construction Industries General Provisions -
Inspections (filed 09-03-1996) replaced by 14 NMAC 5.3, Inspections, effective 9/23/1997.
14 NMAC
5.3, Inspections (filed 09-02-1997) replaced by 14 NMAC 5.3, Inspections,
effective 12/01/2000.
14.5.3
NMAC, Inspections (filed 10/16/2000) and those applicable portions of 14.7.2
NMAC, 1997 Uniform Building Code (filed 10/16/2000); 14 NMAC 9.2, 1997 New
Mexico Plumbing and Mechanical Codes (filed 10/20/1998); and 14.10.4 NMAC,
State of New Mexico Electrical Code (filed 7/01/2002) replaced by 14.5.3 NMAC,
Inspections, effective 7-1-2004.