New Mexico Register / Volume XXXVI,
Issue 15 / August 12, 2025
TITLE 14 HOUSING AND
CONSTRUCTION
CHAPTER 15 ELEVATOR SAFETY
CODE
PART 7 INSPECTORS
14.15.7.1 ISSUING AGENCY: The
Construction Industries Division (CID) of the Regulation and Licensing
Department.
[14.15.7.1 NMAC - 09/12/2025]
14.15.7.2 SCOPE: This
rule applies to elevator inspectors employed by the CID.
14.15.7.3 STATUTORY
AUTHORITY: Section 60-13B-4 NMSA 1978.
[14.15.7.3 NMAC – 09/12/2025]
14.15.7.4 DURATION: Permanent.
[14.15.7.4 NMAC – 09/12/2025]
14.15.7.5 EFFECTIVE
DATE: September 12, 2025, unless a later
date is cited at the end of a section.
[14.15.7.5 NMAC – 09/12/2025]
14.15.7.6 OBJECTIVE: The
purpose of this rule is to set forth rules protecting the general welfare of
the people of New Mexico by providing for the protection of life and property
through the standards that, when complied with, will result in an installation
essentially free from hazards.
[14.15.7.6 NMAC – 09/12/2025]
14.15.7.7 DEFINITIONS: See Section 60-13B-2 NMSA 1978 and 14.15.1
NMAC for definitions.
[14.15.7.7 NMAC – 09/12/2025]
14.15.7.8 INSPECTORS:
A. Qualifications.
(1) Qualifications for inspectors shall be
prescribed by Section 60-13B-6 NMSA 1978.
(2) Applicants shall submit to a
background check as prescribed by the director.
(3) To qualify as an elevator inspector a
candidate shall have at least three years of journeyman or foreman level
experience.
(4) Candidates for an elevator inspector
position may substitute technical, university, or college training in the
elevator construction field for up to two years of the three years journeyman
or foreman level experience. The
remaining year must be directly related journeyman or foreman level field
experience. The equivalency shall be
calculated such that one year of technical, university, or college training
shall equal half year of journeyman or foreman level experience.
(5) Candidates for an elevator inspector
position may substitute a minimum of five years of work experience as a
certified inspector from a recognized jurisdiction for one year of the
experience requirement, and at least two years of related trade experience or
construction related technical, university or college training.
B. Potential denial of inspector certification
based on disqualifying criminal convictions.
(1) Pursuant to Section 28-2-4 NMSA 1978,
the division may refuse to grant or renew a license or certificate if an
applicant has been convicted of a felony and the criminal conviction directly
relates to the particular trade, business, or
profession.
(2) To deny an application for
certification based on a disqualifying criminal conviction the following must
be considered:
(a) CID shall not consider an applicant’s
criminal conviction to deny certification unless the conviction is one of the
disqualifying convictions listed in this section.
(b) Should an applicant be denied a
certificate based on a disqualifying criminal conviction, the applicant may
submit a written justification providing evidence of mitigation or
rehabilitation for reconsideration by the division.
(c) Should CID deny the certification
after receipt of the written justification stated above, the denial may be
appealed and subject to hearing pursuant to the ULA to determine whether the
denial is properly based upon a disqualifying criminal conviction.
(3) In connection with an application for
certification, the CID shall not use, distribute, disseminate, or admit into
evidence at an adjudicatory proceeding criminal records of any of the
following:
(a) A conviction that has been sealed,
dismissed, expunged, or pardoned,
(b) A juvenile adjudication, or
(c) A conviction for any crime other than
the disqualifying criminal convictions listed in Paragraph 4 of Subsection B of
this rule.
(4) Disqualifying felony criminal
convictions that may allow denial of certification or the denial of renewal of
certification, whether in New Mexico or their equivalent in any other
jurisdiction include:
(a) Conviction involving attempts to evade
or defeat payment of tax that is owed or may be lawfully assessed,
(b) Conviction involving physical harm to
a person or an attempt, conspiracy, or solicitation to commit such crimes,
(c) Robbery, larceny, burglary, fraud,
forgery, embezzlement, arson, theft of identity, extortion, racketeering, or
receiving stolen property or for an attempt, conspiracy, or solicitation to
commit such crimes,
(d) Conviction involving bribery of a
public officer or public employee or for an attempt, conspiracy, or
solicitation to commit such crimes.
C. Certification.
(1) The bureau shall ascertain, by written
communication from current or previous employers, the experience qualifications
and knowledge of an applicant.
(2) The experience must have been gained
within four of the 10 years immediately preceding the application
(3) Each applicant shall pass the
inspector examination with a minimum passing score of seventy-five percent
prior to conducting any inspections.
(4) If all inspector application
requirements are satisfactorily completed, the inspector certificate will be
issued; however, the division reserves the right to deny the issuance of the
certificate for reasonable and just cause.
(5) Each inspector must pass the
examination of a national certifying organization, if appropriate, recognized
by the division within one year of employment; and remain current by such
verifying organization to maintain state inspector certification.
(6) Inspectors shall meet the minimum
continuing education requirements as prescribed by the nationally recognized
code organization and provide proof of such credits to the division upon
application for or renewal of certification.
The division shall certify and issue a statewide inspector certification
to any person who meets the requirements established by CID and the nationally
recognized code organization for certification.
[14.15.6.8 NMAC – 09/12/2025]
D. General requirements.
(1) Any person employed by the division
for the purpose of carrying out the provisions of the ESA who holds any
contractor’s license or certificate of competence issued by the divisions,
shall, as a condition of employment surrender the contractor’s license or
certificate of competence to the division to be held in inactive status. The division shall place the license or
certificate inactive effective from the date the
employment begins until the date the employment terminates.
(2) Suspension shall be immediate and
automatic for any inspector who fails to surrender his contractors’ license or
certificate of competence as required above.
(3) A certificate issued pursuant to this
subsection may be suspended or revoked if the certificate holder has been
convicted of a felony enumerated as a disqualifying criminal conviction
pursuant to Subsection E of 14.15.5 NMAC.
[14.15.7.8 NMAC – 09/12/2025]
History of 14.15.7
NMAC: [RESERVED]