TITLE 14               HOUSING AND CONSTRUCTION

CHAPTER 6         CONSTRUCTION INDUSTRIES LICENSING

PART 4                 JOURNEYMAN CERTIFICATION

 

14.6.4.1                 ISSUING AGENCY.  The Construction Industries Division (CID) of the Regulation and Licensing Department.

[14.6.4.1 NMAC - Rp, 14.6.4.1 NMAC, 2-1-06]

 

14.6.4.2                 SCOPE.  This rule applies to individuals seeking journeyman certification in the electrical, mechanical and plumbing trades in New Mexico.

[14.6.4.2 NMAC - Rp, 14.6.4.2 NMAC, 2-1-06]

 

14.6.4.3                 STATUTORY AUTHORITY.  NMSA 1978, Section 60-13-33, 36, 38 and 39.

[14.6.4.3 NMAC - Rp, 14.6.4.3 NMAC, 2-1-06]

 

14.6.4.4                 DURATION.  Permanent.

[14.6.4.4 NMAC - Rp, 14.6.4.4 NMAC, 2-1-06]

 

14.6.4.5                 EFFECTIVE DATE.  February 1, 2006, unless a later date is cited at the end of a section.

[14.6.4.5 NMAC - Rp, 14.6.4.5 NMAC, 2-1-06]

 

14.6.4.6                 OBJECTIVE.  The objective of 14.6.4 NMAC is to set forth general provisions governing journeyman certification in the electrical, mechanical and plumbing trades in New Mexico.

[14.6.4.6 NMAC - Rp, 14.6.4.6 NMAC, 2-1-06]

 

14.6.4.7                 DEFINITIONS.  [See NMSA 1978, Section 60-13-2.]

[14.6.4.7 NMAC - Rp, 14.6.4.7 NMAC, 2-1-06]

 

14.6.4.8                 JOURNEYMAN CERTIFICATION.

                A.            General Information.

                    (1)     A journeyman certificate of competence in the appropriate trade classification for the work to be performed is required of all individuals performing electrical wiring, or mechanical and plumbing work; provided however, that an apprentice, as defined in Section 60-13-2 of the act,  may work under the direct supervision of a validly certified journeyman, as defined in Section 60-13-2 of the act, who is employed by a validly licensed person, as defined by 60-13-2 of the act, or a holder of a valid annual permit. Journeyman certifications shall be issued such that the certificates parallel the contractor classifications and scopes.

                    (2)     Journeyman certifications shall be issued such that each certificate parallels the license classification numbers and scopes set forth in 14.6.6 NMAC.

                    (3)     A journeyman certificate of competence is issued to an individual only and is not transferable or assignable.

                    (4)     No individual under the age of eighteen (18) shall be issued a certificate of competence.

                    (5)     A journeyman may engage in the trade authorized by the certificate of competence issued to him/her only when employed by an entity (1) that is validly licensed to perform the type of work for which the journeyman is certified; or, (2) holding valid annual permit authorizing the entity to engage in the type of work for which the journeyman is certified.

                    (6)     For information regarding compliance with the Parental Responsibilities Act, revocations and suspensions and administrative penalties, please see Subsections H and I of 14.6.3.8 NMAC and 14.6.3.9 NMAC.

                B.            Application.

                    (1)     An application submitted for a journeyman certificate of competence shall be on a form approved by CID and shall be accompanied by the prescribed certification fee.

                    (2)     An incomplete or insufficient application shall be rejected and returned to the applicant with a statement of the reason for the rejection.

                    (3)     All requirements for certification must be met within six (6) months after the date the application is received by CID or its designee.  Any application not completed within the six (6) month period shall expire and any fees paid in connection with the expired application shall automatically forfeit.

                    (4)     The applicant must submit proof of the required experience with the application on form(s) approved by CID.  No applicant shall be eligible to take an examination for a certificate of competence before proof of experience is submitted and approved.

                    (5)     Examination.

                              (a)     No applicant for a journeyman certificate is eligible to take an exam until documentation establishing satisfaction of the applicable work experience requirement has been received and approved by CID or its designee.

                              (b)     Examinations shall be administered by CID or its designee according to a schedule which shall be published.

                              (c)     A passing examination score is seventy percent (75%) or above.

                              (d)     An applicant who fails to appear for a scheduled examination or fails to attain a passing score of at least 75% may take another regularly scheduled exam, provided the applicant reapplies to take the exam, pays the fee, and does not repeat the exam more than twice in any thirty (30) day period.

                              (e)     If CID or its agent has determined that an applicant has cheated, the exam shall be deemed invalid, all fees shall be forfeited, any certificate issued on basis of that examination shall be automatically and immediately voided, and the applicant will not be eligible to take any examination administered by CID or its designee for one (1) year after the date of such event.

                C.            Renewal.

                    (1)     CID, or its designee, shall mail to every certificate holder a renewal application form at least thirty (30) days prior to the expiration of such certificate to the certificate holder’s current address of record. Whether or not the application is received, it is the sole duty and responsibility of each certificate holder to timely renew his/her certificate. Incomplete or inaccurately completed renewal applications shall be rejected.

                    (2)     No journeyman certificate shall be renewed in the absence of proof of compliance with the continuing education requirements set forth in Subsection D of this section.

                    (3)     The filing date of the renewal application shall be the date the envelope is postmarked or, if it is hand delivered, the date it is received by CID, or its designee.

                    (4)     If an application for renewal is not timely received or, if it is received but rejected for failure to comply with renewal requirements, the certificate shall be suspended and shall be subject to cancellation pursuant to Section 60-13-39 C of the act.

                D.            Continuing education requirements.

                    (1)     The continuing education requirements for renewal of a journeyman certificate apply to the following journeyman classifications:

                              (a)     plumbing journeyman plumber (JP), journeyman pipefitter (JPF), journeyman gas (JG), journeyman plumber-gas (JPG);)

                              (b)     mechanical -  journeyman sheetmetal (JSM), journeyman sprinkler (JS), journeyman refrigeration (JR), journeyman fire protection (MS-12J or MS-14J); and

                              (c)     electrical - journeyman electrician (JE98 also referred to as EE98-J) and journeyman lineman (EL-1J).

                    (2)     Prior to renewal or reinstatement of a journeyman certificate of competence in the applicable classification, the applicant for renewal or reinstatement is required to complete a minimum of sixteen (16) hours of approved course work. Proof of completion of such course work, in a form satisfactory to the division, must be submitted with the application for renewal.

                    (3)     A minimum of eight (8) hours of approved course work must cover the current CID code that is enforced by each journeyman classification to be renewed or reinstated.

                E.             Application of approval of continuing education courses and instructors.

                    (1)     Each applicant for course approval must submit to CID an application for course and instructor approval on a form approved by the division.

                    (2)     Application for course approval must be received by CID no later than one hundred twenty (120) days before the date on which the course is proposed to begin.

                    (3)     Each application for course and instructor approval must be complete and legible. Incomplete or illegible applications will not be processed and will be returned to the applicant.

                    (4)     To qualify for approval, continuing education courses must comply with the following standards:

                              (a)     the course content must be relevant to either the plumbing, mechanical or electrical trades and be consistent with all current applicable laws and rules of the state of New Mexico;

                              (b)     the course must be conducted in a classroom, seminar or in a home study format; and

                              (c)     the course must be taught by an approved instructor.

                    (5)     To qualify for approval as an instructor, an individual must either be currently teaching, or must have taught within the two years prior to application, at least one course in the electrical, mechanical or plumbing trades in one of the following programs.

                              (a)     a plumbing, mechanical, or electrical trades training program that is approved by the vocational education division of the state of New Mexico department of public education and offered in the curriculum of an accredited New Mexico trade school, college or university;

                              (b)     a plumbing, mechanical or electrical trade training program that is offered through a professional association or organization representing licensees in the plumbing, mechanical and electrical trades;

                              (c)     an apprenticeship program approved by the state of New Mexico apprenticeship council or the bureau of apprenticeship and training;

                              (d)     a plumbing, mechanical or electrical trade training program offered by a nationally recognized testing laboratory, or product manufacturer, and the applicant has at least (5) years practical experience in the subject taught;

                              (e)     a plumbing, mechanical or electrical trade training program sponsored by an organization that provides continuing education unit courses in the plumbing, mechanical or electrical trades, and the instructor has at least five (5) years of practical experience in the subject taught; or

                              (g)     a plumbing, mechanical, or electrical trades training program offered by CID.

                F.             Approval of continuing education courses and instructors.

                    (1)     Each application for course and instructor approval will be reviewed by the appropriate bureau chief and the technical advisory council for that bureau each calendar month.

                    (2)     The reviewing bureau chief shall provide to the commission at each commission meeting the bureau chief’s recommendation for approval or denial on each application received and reviewed by the bureau chief since the last commission meeting.

                    (3)     The commission shall receive and consider the recommendation of the bureau chief before voting on approval of an application.

                    (4)     Commission approval of a continuing education course  and instructors shall be effective for three (3) years from the date of approval; provided, however, that approval of any course that is not offered for twenty-four (24) consecutive months shall automatically expire.

                    (5)     On the date that is three years after the date on which approval of a course or instructor was issued, the approval will automatically expire and, without further notice from CID, such course or instructor shall no longer be approved. Application to renewal course or instructor approval must be received no less than one hundred twenty (120) days prior to the date on which the approval period expires.

                    (6)     The decision of the commission regarding the approval or denial of an application is final and is not subject to review.

                    (7)     Once approved, and as a condition of continuing approval, a course provider must submit to CID the following information for each journeyman certificate holder, who successfully completes an approved course, within thirty days of the completion of the course:

                              (a)     the name of the course, approval number, and the name of the instructor;

                              (b)     the date on which the course was completed by the certificate holder; and

                              (c)     the address and CID journeyman certificate number of the certificate holder.

                    (8)     Approval of an instructor or a course will be subject-matter specific. Approval to teach courses in more than one trade or code will require the applicant to meet the experience criteria for each trade or code.

[14.6.4.8 NMAC - Rp, 14.6.4.8 NMAC, 2-1-06; A, 12-14-09]

 

History of 14.6.4 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 6.4, Housing and Construction - Construction Industries Licensing - Journeyman Certification, repealed 12-1-00.

14.6.4 NMAC, Journeyman Certification (filed 10-16-00), repealed 2-1-06.

 

Other History:

That portion of CID 90-1, Construction Industries Rules And Regulations, filed 05-31-90 -- renumbered, reformatted and amended to 14 NMAC 6.4, Housing and Construction - Construction Industries Licensing - Journeyman Certification, , effective 09-14-96.

14 NMAC 6.4, Housing and Construction - Construction Industries Licensing - Journeyman Certification (filed 09-03-96) was replaced by 14.6.4 NMAC, Housing and Construction - Construction Industries Licensing - Journeyman Certification, effective 09-23-97.

14.6.4 NMAC, Housing and Construction - Construction Industries Licensing - Journeyman Certification (filed 09-02-97), was replaced by 14.6.4 NMAC, Housing and Construction - Construction Industries Licensing - Journeyman Certification, effective 12-1-00.

14.6.4 NMAC, Journeyman Certification (filed 10-16-00) was replaced by 14.6.4 NMAC, Journeyman Certification, effective 2-1-06.