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, 7-1-04]
14.5.3.2 SCOPE: This
rule applies to all contracting work performed in New Mexico on or after January
28, 2011, 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, 7-1-04; A, 1-28-11]
14.5.3.3 STATUTORY AUTHORITY: NMSA 1978 Sections 60-13-9 and 60-13-41.
[14.5.3.3 NMAC - Rp, 14.5.3.3 NMAC, 7-1-04]
14.5.3.4 DURATION: Permanent.
[14.5.3.4 NMAC - Rp, 14.5.3.4 NMAC, 7-1-04]
14.5.3.5 EFFECTIVE DATE: July
1, 2004, unless a later date is cited
at the end of a section.
[14.5.3.5 NMAC - Rp, 14.5.3.5 NMAC, 7-1-04]
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, 7-1-04]
14.5.3.7 DEFINITIONS: [Reserved]
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 building official 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 building official or
the division, but in no event shall such notification be given less than
twenty-four (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 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 building official. 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, 7-1-04]
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 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 1209 of the IRC.
(9) Other inspections required by the building official, see section 109 of the IRC.
(10) Fire resistance rated construction
inspection, see section 109.1.5.1 of the IRC.
(11) Special inspections, see section 109 of the IRC.
(12) Final inspection, see section 109 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 section 116.2 of the 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/or 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/or 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 Section 103.5.2 of the UPC.
(7) Testing of systems, see sections 103.5.3,
including subsections 103.5.3.1 through 5, 103.5.6.2, 103.5.4.2 and 103.5.5.2
of the UPC.
F. Additional inspections. In addition to required inspections, the
building official 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.
[14.5.3.9 NMAC - Rp, 14.5.3.8 NMAC, 14.7.2.10 NMAC, 14 NMAC 9.2.I.100,
14 NMAC 9.2.II.100 & 14.10.4.8 NMAC, 7-1-04; A, 1-28-11]
14.5.3.10 STOP WORK ORDERS: When
ever contracting is being performed contrary to the CID rules, the building
official 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 building official or the
inspector to proceed.
[14.5.3.10 NMAC - Rp, 14.7.2.10 NMAC, 14 NMAC 9.2.I.00, 14 NMAC
9.2.II.100 & 14.10.4.8 NMAC, 7-1-04]
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 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, 14.5.2.11 NMAC & 14.5.3.8 NMAC, 7-1-04]
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
building official 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 building official is responsible.
C. Marking systems. Each building official 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 building official 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, 14.5.3.8 NMAC & 14 NMAC 9.2.I.105, 7-1-04]
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 building official 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 (1) 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 building official 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 building official and payment of any fee assessed pursuant to
15.5.5 NMAC, Fees.
[14.5.3.13 NMAC - Rp, 14.5.3.9 NMAC & 14.7.2.10 NMAC, 7-1-04]
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, 14.5.3.8 NMAC, 7-1-04]
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
building official 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 building official 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 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 building official has failed to approve
or disapprove the work or installation to which the connection will be made
within seven (7) working days after receiving notification that the work is
ready to inspect.
[14.5.3.15 NMAC - Rp, 14.5.3.8 NMAC, 14 NMAC 9.2.I.100, 14 NMAC 9.2.II.100
& 14.10.4.8 NMAC, 7-1-04]
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 11-25-70;
CIC 72-4, General
Construction Classifications, filed 02-16-72;
CIC 76-2, Rules and
Regulations, filed 05-05-76;
CID 78-2, Rules and
Regulations, filed 12-05-78;
CID 79-1, Rules and
Regulations, filed 06-06-79;
CID 82-1, Construction
Industries Rules and Regulations, filed 04-14-82;
CID 85-1,
Construction Industries Rules and Regulations, filed 02-04-85;
CID 90-1,
Construction Industries Rules and Regulations, filed 05-31-90.
History of Repealed Material:
14 NMAC 5.3, Housing
and Construction - Construction Industries General Provisions - Inspections
(filed 09-02-97), repealed 12-1-00.
14.5.3 NMAC, Housing and Construction -
Construction Industries General Provisions - Inspections (filed 10/16/00),
repealed 7-1-04.
Other History:
That portion of CID
90-1, Construction Industries Rules and Regulations, filed 05-31-90 --
renumbered, reformatted and amended to 14 NMAC 5.3, Housing and Construction -
Construction Industries General Provisions - Inspections, filed 09-03-96.
14 NMAC 5.3, Housing
and Construction - Construction Industries General Provisions - Inspections
(filed 09-03-96) replaced by 14 NMAC 5.3, Inspections, effective 9/23/97.
14 NMAC 5.3,
Inspections (filed 09-02-97) replaced by 14 NMAC 5.3, Inspections, effective
12/01/00.
14.5.3 NMAC,
Inspections (filed 10/16/00) and those applicable portions of 14.7.2 NMAC, 1997
Uniform Building Code (filed 10/16/00); 14 NMAC 9.2, 1997 New Mexico Plumbing
and Mechanical Codes (filed 10/20/98); and 14.10.4 NMAC, State of New Mexico
Electrical Code (filed 7/01/02) replaced by 14.5.3 NMAC, Inspections, effective
7-1-04.