New Mexico Register / Volume XXXVI,
Issue 15 / August 12, 2025
TITLE 14 HOUSING AND
CONSTRUCTION
CHAPTER 15 ELEVATOR SAFETY
CODE
PART 1 GENERAL
PROVISIONS
14.15.1.1 ISSUING AGENCY: The
Construction Industries Division (CID) of the Regulation and Licensing
Department.
[14.15.1.1 NMAC - 09/12/2025]
14.15.1.2 SCOPE: This
rule applies to all the administration, interpretation, and enforcement of
contracting work performed in New Mexico subject to the jurisdiction of the
Elevator Safety Act and the Construction Industries Licensing Act. This rule applies to all work performed in New Mexico on or after July
1, 2025, involving the erecting, constructing, installing, altering, servicing,
testing, repairing, maintaining, removing, or dismantling conveyances contained
within a building or structure or inspection of that work is subject to the
jurisdiction of CID.
14.15.1.3 STATUTORY
AUTHORITY: Section 60-13B-4 NMSA 1978.
[14.15.1.3 NMAC – 09/12/2025]
14.15.1.4 DURATION: Permanent.
[14.15.1.4 NMAC – 09/12/2025]
14.15.1.5 EFFECTIVE
DATE: September 12, 2025, unless a later
date is cited at the end of a section.
[14.15.1.5 NMAC – 09/12/2025]
14.15.1.6 OBJECTIVE:
The purpose of this rule is to set
forth general provisions as the statewide minimum standards for governing the
erection, construction, installation, alteration, servicing, testing,
repairing, maintaining, removing, or dismantling conveyances contained within a
building or structure as defined in the Elevator Safety Act, Sections 60-13B-1 et
seq. NMSA 1978, in New Mexico.
[14.15.1.6 NMAC – 09/12/2025]
14.15.1.7 DEFINITIONS: The definitions in this section are used
throughout the elevator safety rules and construction industries division rules
contained in Chapters 15 of Title 14.
A. ANSI means the American
National Standards Institute.
B. ASME means the American Society of Mechanical Engineers.
C. ASME A17.1 means ASME A17.1 Safety Code for Elevators
and Escalators.
D. ASSE means the American Society of Safety
Engineers.
E. AWS means the American Welding Society.
F. Apprentice means an individual who is learning a
particular trade from a validly licensed employer. CID recognizes apprentices registered in an
apprenticeship program recognized by the United States department of labor or
by the New Mexico state apprenticeship council pursuant to the New Mexico
department of workforce solutions.
G. “Authority having jurisdiction” “AHJ” means the state
construction industries division, elevator safety bureau.
H. “CID” and division mean the construction industries division of the
regulation and licensing department.
I. “CID rules” means the rules compiled in Title 14,
Chapter 5 through 15 of the New Mexico Administrative Code.
J. “CILA” means the Construction Industries Licensing
Act, Sections 60-13-1 et seq. NMSA 1978.
K. “Code” means the statewide elevator codes adopted
by the division.
L. “Commercial” means a structure that is classified as
having a use identified in the New Mexico Commercial Building Code, including
but not limited to, assembly, business including a public building,
educational, institutional, mercantile, storage or utility.
M. “Contracting” has the same meaning as defined in Section
60-13-3 NMSA 1978.
N. “Direct supervision” means supervision, inspection, and
evaluation by a certified journeyman, working in the immediate proximity of a
trainee or apprentice, overseeing all classification activities as they occur
while providing direction, feedback, assistance evaluation of the work of the
apprentice.
O. “Director” has the same meaning as defined in Section
60-13-7 NMSA 1978.
P. “Disqualifying criminal
conviction” has the same
meaning as defined in Subsection E of Section 61-1-36 NMSA 1978.
Q. “ESA” means the Elevator Safety Act, Sections
60-13B-1 et seq. NMSA 1978
R. “Electrical wiring” means installation, alteration, connection,
service and maintenance, demolition, or repair of raceways, conduits,
conductors, cables, boxes, fittings, wiring devices, luminaires, overcurrent
devices, distribution equipment, or other equipment or apparatus that is used
as part of, or in connection with, an electrical
installation.
S. “Formal hearing” means a hearing held under the ULA,
Sections 61-1-1 through 61-1-31 NMSA 1978.
T. “Gross incompetence”
or “Gross negligence” means, but shall
not be limited to, a significant departure from the prevailing industry
standard, manufacturer specifications or any provision of CILA, ESA, or rules
adopted by the division.
U. “Inspector” means a person certified by one or more
trade bureaus to conduct inspections of permitted work, in the jurisdiction of
the AHJ employing said inspector to ensure that all work performed by a
contractor complies with the ESA and its administrative codes.
V. “License” means a license, registration, certificate
of registration, or certificate.
W. “Licensing fee” has the same meaning as set forth in
Section 13B of ESA, NMSA 1978.
X. “Maintenance” means the process of routine examination,
lubrication, cleaning and adjustment of parts, components or subsystems, to
ensure performance pursuant to these rules and the ASME.
Y. “Military service
member” has the same
meaning as defined in Subsection F of Section 60-13-14.1 NMSA 1978.
Z. “NMCBC” means 14.7.2 NMAC, currently adopted New
Mexico Commercial Building Code, which adopts by reference and amends the
designated IBC.
AA. “NMEBC” means 14.7.7 NMAC, the currently adopted New
Mexico Existing Building Code, which adopts by reference and amends the
designated International Existing Building Code.
BB. “NMEC” means 14.10.4 NMAC, the currently adopted
New Mexico Electrical Code, which adopts by reference and amends the designated
National Electrical Code.
CC. “NMMC” means 14.9.2 NMAC, the currently adopted New
Mexico Mechanical Code, which adopts by reference and amends the designated
Uniform Mechanical Code.
DD. “NMPC” means 14.8.2 NMAC, the currently adopted
New Mexico Plumbing Code, which adopts by reference and amends the designated
Uniform Plumbing Code.
EE. “NMSCEE” means 14.15.8 NMAC, the currently adopted
New Mexico Safety Code for Elevators and Escalators, which adopts by reference
and amends the designated Safety Code for Elevators and Escalators.
FF. “Notice of
investigation” “(NOI)” means a notice of investigation prepared by a division employee.
GG. “Notice of
contemplated action” “(NCA)” means the official notice to a licensee that the division is seeking to take action against a licensee for alleged violations of the
ESA or rules.
HH. “Published code” means any code or standard published by an
entity other than the state of New Mexico and adopted by reference or referred
to as a standard in the ESA rules or in this chapter.
II. “QEI” means qualified elevator inspector.
JJ. “Registered apprentice” means an individual who is learning a trade
from a validly licensed employer and participates in a registered
apprenticeship program.
KK. “School” means a public school, a school district, a
regional educational cooperative, shared maintenance program, charter school,
or private school, recognized by the New Mexico public education department
that offers grade levels from kindergarten through twelfth grade only.
LL. “State serial number” means a unique number assigned by the
bureau chief to each individual elevator, dumbwaiter, escalator, or moving
walkways.
MM. “Substantially
equivalent” means the
determination by the construction industries division that the education,
examination, and experience requirements contained in the statutes and rules of
another jurisdiction are comparable to, or exceed the education, examination,
and experience requirements of the Elevator Safety Act.
NN. “Technically
infeasible” means an alteration
of a facility that has little likelihood of being accomplished because the
existing structural conditions require the removal or alteration of a
load-bearing member that is an essential part of the structural frame, or
because other existing physical or site constraints prohibit modification or
addition of elements, spaces or features which are in full and strict
compliance with the minimum requirements for new construction and which are
necessary to provide accessibility.
OO. “Trade bureau chief” “(TBC)” means the administrative head of a New
Mexico CID trade bureau charged with the administration and enforcement of the
trade bureau’s state adopted codes and standards. The trade bureau chief is the ultimate
authority having jurisdiction to determine and render interpretations of their
trade codes. The trade bureau chief
shall recommend to the division all minimum standards and codes, for their
specific trade(s), for adoption.
PP. “ULA” means the Uniform Licensing Act, Sections
61-1-1 et seq. NMSA 1978.
QQ. “Veteran” has the same meaning as defined in
Subsection F of Section 60-13-14.1 NMSA 1978.
RR. “Wire seal” means a small, metal security seal made
from flexible wire that is used to secure access panels or components on a
conveyance.
[14.15.1.7 NMAC – 09/12/2025]
14.15.1.8 RESPONSIBILITY FOR COMPLIANCE:
A. Every person who performs work in
connection with the erection, construction, installation, alteration,
servicing, testing, repairing, maintaining, removing, or dismantling
conveyances contained within a building or structure or inspection of
conveyances as defined by Section 60-13B-2 NMSA 1978 or Sections 60-13-1 et.
seq. NMSA 1978 and regulated by the division’s statutes and rules is
responsible for complying with all statutes and rules.
B. When a violation of the statutes or
code is alleged, the AHJ shall investigate the allegations to obtain sufficient
evidence or proof to determine whether a violation has occurred. The AHJ may require tests, at no cost to the
AHJ, to determine compliance. Such test
shall be conducted in conformance with nationally recognized testing standards,
or if no standards have been established, in conformance with such
specifications as the AHJ shall approve.
14.15.1.9 CONFLICTS:
A. Between current New Mexico
construction codes. When the
provisions of one New Mexico construction code specifies
different materials, methods, construction, or requirements than other New
Mexico construction codes, the general rule of legal interpretation shall be
applied that the most specific provision shall govern.
B. With prior New Mexico construction
codes. The code adopted at the time
a structure is built or modified governs.
If modifications are made under a subsequent code, that code governs the
areas modified. If all or any part of
the structure is determined to be unsafe, 14.15.1.11 NMAC shall apply.
C. Between current New Mexico
construction codes and codes adopted by other state agencies. The NMCBC establishes the type of
structure, the design, construction, and the occupancy classification of a
building. These codes shall govern over
any codes concerning construction adopted by other agencies which conflict as
to type of structure, the design, construction, and the occupancy
classification. The construction codes
adopted and enacted by the CID shall govern if the construction is specifically
required in the enacted code.
D. With requirements of other
agencies. All licensees, qualifying
parties and journeymen must follow all regulatory agency laws when said agency
has jurisdiction over certain aspects of a project. These may include, but are not limited to,
compliance with fire code standards enforced by the state fire marshal, any
local fire code enforcement agency; or any other applicable code or standard
enforced by the state environment department, the state health department, state
human services department, transportation department, public regulation
commission, homeland security and emergency management department, the
governor’s committee on the concerns of the handicapped, historical
authorities, and local zoning.
E. With referenced and incorporated
codes and standards. The provisions
of any published code or standard referenced in the CID rules shall be deemed
to be incorporated into and made part of the CID rules, including all
modifications and amendments to the referenced codes and standards. If the reference results in a conflict
between the provision of the published code or standard and the CID rules, the
CID rules shall govern.
[14.15.1.9 NMAC – 09/12/2025]
14.15.1.10 TRADE
BUREAU CHIEF:
A. Powers and duties. The trade bureau chief is the ultimate
authority and is authorized to render interpretations of the trade bureau’s
adopted New Mexico codes and standards and to establish procedures for the
interpretation and application of those codes.
B. Alternative materials and methods
of construction. The trade bureau
chief is authorized to permit a variance or approve an alternative material or
method of construction as provided in this section.
C. Variances. If the circumstances of a particular
construction project make strict compliance with state adopted code(s) and
standards technically infeasible or impracticable, the trade bureau chief
responsible for enforcing that code has the authority to approve a
variance. No variance shall be valid or
have force or effect unless issued in writing and signed by the trade bureau
chief.
D. Alternatives. The
trade bureau chief is responsible for approving materials, designs, and methods
of construction that are not expressly specified in that particular
code.
E. Supporting data. The
trade bureau chief may require supporting data be supplied by the requestor.
[14.15.1.8 NMAC – 09/12/2025]
14.15.1.11 UNSAFE STRUCTURES OR OTHER LIFE
SAFETY HAZARD:
A. For purposes of this
section, an unsafe condition is any condition that poses an actual threat to
the health, safety, or welfare of persons or property and constitutes a
violation of the ESA or its rules.
B. When conducting an inspection, if an inspector
discovers an unsafe condition or a life safety hazard, the inspector shall take
the following action:
(1) If the unsafe condition or hazard results from
construction in progress, issue a correction notice and stop work order as is
applicable to abate the unsafe condition or hazard; if a stop work order is
appropriate the inspector shall notify the TBC for authorization to issue the
stop work order unless the correction is for life safety. In such circumstances, the stop work order
shall be issued by the inspector providing notification to the TBC.
(2) If the unsafe condition or hazard is in an existing
building not related to construction in progress, complete a correction notice
detailing the observed unsafe condition or hazard. Either a correction notice
or report shall be provided to the AHJ and the owner, agent or person in
control or possession of the structure when the identity of the owner, agent or
person cannot be readily determined. The
report shall be provided no later than 48 hours after the observation of the
unsafe condition.
(3) If the unsafe condition or hazard relates to any
utility service the inspector shall proceed in accordance with Subsections A
through D of Section 60-13-42 NMSA 1978; any service disconnected pursuant to
this rule shall not be reconnected without the prior written approval of TBC.
C. If requested by a condemning authority, the TBC will
inspect or designate an inspector to inspect the property within its
jurisdiction and report findings to the condemning authority pursuant to Paragraph
(2) of Subsection B of this section.
[14.15.1.9 NMAC – 09/12/2025]
14.15.1.12 TECHNICAL
ADVISORY COMMITTEE:
A. Each
TBC may create a technical advisory committee and appoint members to assist the
TBC in an advisory capacity on technical aspects of the particular
industry.
B. The
committee will meet at the call of the TBC.
C. The
members serve at the pleasure of the TBC.
[14.15.1.10 NMAC – 09/12/2025]
History of 14.15.1
NMAC: [RESERVED]
Pre-NMAC History: