New Mexico Register / Volume XXXVI,
Issue 15 / August 12, 2025
TITLE 14 HOUSING AND
CONSTRUCTION
CHAPTER 15 ELEVATOR SAFETY
CODE
PART 2 PERMITTING AND
CERTIFICATES OF OPERATION
14.15.2.1 ISSUING AGENCY: The
Construction Industries Division (CID) of the Regulation and Licensing
Department.
[14.15.2.1 NMAC - 09/12/2025]
14.15.2.2 SCOPE: This
rule applies to all work performed in New Mexico that is subject to the
jurisdiction of CID for which permits are required.
14.15.2.3 STATUTORY
AUTHORITY: Section 60-13B-4 NMSA 1978.
[14.15.2.3 NMAC – 09/12/2025]
14.15.2.4 DURATION: Permanent.
[14.15.2.4 NMAC – 09/12/2025]
14.15.2.5 EFFECTIVE
DATE: September 12, 2025, unless a later
date is cited at the end of a section.
[14.15.2.5 NMAC – 09/12/2025]
14.15.2.6 OBJECTIVE:
The purpose of this rule is to set
forth standards and requirements governing permitting of new and existing
conveyances in New Mexico as the statewide minimum.
[14.15.2.6 NMAC – 09/12/2025]
14.15.2.7 DEFINITIONS: See Section
60-13B-2 NMSA 1978 and 14.15.1 NMAC for definitions.
[14.15.2.7 NMAC – 09/12/2025]
14.15.2.8 PERMITS REQUIRED:
A. Permits required. Subject to the Elevator Safety
Act (ESA), Section 60-13B-10 NMSA 1978, and its rules, no person shall erect, construct, service, test, repair, maintain, install, alter,
remove, or dismantle a conveyance within a building or structure unless the
applicable permit has been obtained from the division, unless otherwise
provided by statute or rule.
B. Eligibility. A person who is not appropriately, validly,
and currently licensed by the division is not eligible to apply for or be
issued a permit.
C. Application. In order to obtain a
permit, the applicant must complete and submit an application
on the CID approved form for the type of permit sought:
(1) Elevating device installation permit.
(2) Escalator and moving walk installation
permit.
(3) Alteration or modification of
elevating devices permit.
(4) Certificate of operation.
(5) Dismantle a conveyance.
[14.15.2.8 NMAC – 09/12/2025]
14.15.2.9 EXCEPTIONS
TO REQUIREMENT FOR PERMITS: Permits
shall not be required for the following:
A. Material hoists.
B. Boom lifts.
C. Mobile scaffolds, towers, and
platforms.
D. Powered platforms and equipment for
exterior and interior maintenance.
E. Conveyances and related equipment.
F. Cranes, derricks, hoists, hooks,
jacks, and slings.
G. Industrial trucks.
H. Portable equipment, except for
portable escalators that are covered by the standards.
I. Tiering or piling machines that are
used to move materials to and from storage that are located and operate
entirely within one story.
J. Equipment for feeding or positioning
materials at machine tools, printing presses and similar equipment.
K. Furnace hoists.
L. Skips or hoists subject to the
regulation of the United States department of labor’s mine safety and health
administration.
M. Wharf ramps.
N. Railroad car lifts or dumpers.
O. Line jacks, false cars, shafters,
moving platforms and similar equipment used for installing a conveyance by a
contractor licensed in this state.
P. Conveyances within a single-family
dwelling.
Q. Services provided by a person by who
is licensed as an architect or engineer in this state.
14.15.2.10 SUBMITTAL
DOCUMENTS:
A. Submittal
documents. Prior to installation or
alteration of equipment at any individual location, the engineer or properly
licensed contractor shall submit two sets of the following documents
(collectively, submittal documents) to the division for approval:
B. New equipment. An engineer or contractor must submit a
division-approved elevator application and plans for the installation of new
equipment for review to the division for approval. Submission of the layout drawings shall be as
specified in the current adopted NMSCEE for the specific type of equipment to
be installed. The layout drawings shall
also include the following information:
(1) The rated speed of the equipment in
feet per minute
(2) The rated capacity of the equipment in
pounds
(3) The total travel of the equipment in
feet and inches
(4) Elevation drawings of the hoistway, runway, or wellway; and
(5) Plan drawings indicating the
arrangement of the equipment in a machine room, machine space, control room or
control space.
C. Alteration or repair of existing
equipment. An engineer or contractor
must submit a division-approved elevator application and plans for the
alteration of existing equipment for review to the division for approval. A submission of the layout drawings shall be
as specified in the current adopted NMSCEE for the
specific type of equipment if the alteration results in one or more of the
following changes:
(1) The rated speed of the equipment in
feet per minute
(2) The rated capacity of the equipment in
pounds
(3) The total travel of the equipment in
feet and inches
(4) The classification of the equipment, such as passenger
elevator to freight elevator or freight elevator to passenger elevator
(5) The driving machine is relocated
In addition to submitting the above documentation, the engineer or
contractor must submit the following documents for all new equipment provided
as part of the alteration of the interior of an elevator car: material data safety sheet(s), documentation
of the fire rating of all materials installed as part of a car interior
alteration, including the estimated weight of those materials.
D. Submission may be waived. The TBC may waive the submission of plans,
calculations, construction inspection requirements and other data if it is
determined that the nature of work applied for is such that plan review is not
necessary to obtain compliance with the New Mexico construction codes.
E. Deferred submittals. For the purposes of this section, deferred
submittals are defined as those portions of the design that are not submitted
with application for permit, and that are to be submitted, thereafter, within a period of time specified by the AHJ or the plan review
official.
F. Special submissions. The AHJ or plan review official is authorized
to require, before and after the commencement of a project, the submission of
any specification, layout, or diagram necessary to adequately and clearly show
the detail of the equipment or components of the work covered by the issued
permit(s), or that is required to be permitted pursuant to this rule or CID
building codes.
G. Correction of submittal documents. The issuance of a permit based on certain
plans and specifications shall not prevent the AHJ from thereafter requiring
the correction of any error in such plans or specifications, or from
prohibiting work pursuant to those plans or specifications when a violation of
the applicable code would result.
H. Permit contents and display. Every permit or notice of permit issued by
the AHJ shall:
(1) Clearly indicate the name and address of the property
owner;
(2) Contain a legal description of the property by legal street
address in a municipality, or by township, range, and section if outside a
municipality;
(3) Contain the name, address, and license number of the
contractor to whom the permit is issued; and
(4) Prominently be displayed on the site where the permitted
work is to be performed.
I. Preliminary inspection. As part of the document review process,
before issuing a permit, the AHJ is authorized to examine or cause to be
examined buildings, structures and sites for which an
application for a permit has been filed.
[14.15.2.10 NMAC – 09/12/2025]
14.15.2.11 ISSUANCE:
A. Plan review. If the submittal documents do not comply with
this rule and pertinent New Mexico construction codes, the AHJ shall reject
them and shall communicate the reasons for rejection to the applicant in
writing. If the submittal documents meet
the applicable codes and rules, the submittal documents shall be approved and
the AHJ shall issue a permit to the applicant after payment in full of the
applicable fees, as set forth in 14.15.4 NMAC.
B. Authorization to change. No change or modification may be made to the
approved submittal documents for which a permit has been issued without the
express, written authorization of the AHJ.
All work authorized by a permit must be performed in accordance with the
approved submittal documents for which the permit was issued. Changes in the equipment or installation
authorized by a permit must be reflected in an amended set of submittal
documents, which must be resubmitted for approval by the AHJ.
[14.15.2.11 NMAC – 09/12/2025]
14.15.2.12 VALIDITY
OF PERMIT: The issuance or granting
of a permit shall not be construed to be a permit for, or an approval of, any
violation of any part of this rule or pertinent New Mexico construction codes
or any other applicable law or rule.
Permits presuming to give authority to violate or cancel the provisions
of this rule or the pertinent New Mexico construction codes or any other
applicable law or rule shall not be valid.
The issuance of a permit based on plans or layouts and other data shall
not prevent the AHJ from requiring the correction of errors in the plans or
layouts and other data.
[14.15.2.12 NMAC – 09/12/2025]
14.15.2.13 SUSPENSION,
CANCELLATION, OR REVOCATION OF PERMIT:
A. The TBC is authorized to suspend,
cancel, or revoke a permit issued pursuant to the code for which the official
has responsibility for the following causes:
(1) Whenever the permit is issued in
error, or on the basis of incorrect, inaccurate,
incomplete, or fraudulent information or in violation of any provision of this
rule;
(2) Failure to correct code violations for
which a notice of correction or stop work order has been issued;
(3) Change in the person or entity
performing the work;
(4) Payment of any amount due to an AHJ
with a “non-sufficient funds” check;
(5) Aiding or abetting an unlicensed
contractor or journeyman;
(6) At written request of the permittee;
(7) Upon written notification of the
termination of the contract with the permittee, from the project owner.
B. A suspended permit may be reactivated
upon approval of the AHJ and payment of all assessed fees.
[14.15.2.13 NMAC – 09/12/2025]
14.15.2.14 EXPIRATION
AND DEACTIVATION OF PERMIT:
A. Expiration. Every permit issued by the AHJ shall expire
and be void if the work authorized by the permit has not commenced within 180
days from the date of issuance.
B. Cancellation. If the work authorized by a permit is
suspended, delayed, or abandoned after the work has commenced and such
suspension, delay, or abandonment continues for greater than 180 days, the
permit shall be cancelled. In order for work on the project to continue, a new permit
application must be submitted, a new full permit fee must be remitted, and a
new permit issued. The AHJ may require
re-submittal of documents.
C. Extension of time. The TBC may extend the time of an active
permit for an additional period not to exceed 180 days upon receipt of a
written request from the permit holder showing that circumstances beyond the
control of the permittee have caused a delay in the permitted work.
D. Penalties. Any work performed after a permit expires,
cancels, or becomes inactive shall be considered a violation pursuant to
subsection A of 14.15.2.8 NMAC and subject to discipline and to the provisions
of 14.15.2.16 NMAC.
[14.15.2.14 NMAC – 09/12/2025]
14.15.2.15 DENIAL
OF PERMIT:
A. The AHJ may deny the issuance of a
permit for good cause. Good cause shall
include, without limitation:
(1) Failure to pay all or part of a permit
fee or penalty when due;
(2) An outstanding balance on any amounts
due to the division that has accrued without approval of the director;
(3) Failure to fully comply with an order
issued by the director;
(4) Failure to comply with the Parental
Responsibility Act;
(5) Requesting a permit without the proper
license classification for the work performed
(6) Applying for a permit on behalf of
another entity
(7) Allowing another other than the
licensee to use the license to obtain a permit.
B. After one receipt by the AHJ of a
“non-sufficient funds” check, the AHJ may require payment by cashier’s check or
certified funds.
[14.15.2.15 NMAC – 09/12/2025]
14.15.2.16 FAILURE
TO OBTAIN PERMIT: If any work, is performed by a licensee, for which a
permit is required, and is commenced prior to obtaining the necessary permit,
the AHJ may assess a fee in the amount of twice the usual permit and inspection
fees for the first violation with all subsequent violations disciplined
pursuant to Section 60-13B-4 NMSA 1978.
[14.15.2.16 NMAC – 09/12/2025]
14.15.2.17 CERTIFCATE
OF OPERATION:
A. Issuance. Certificates of operation shall be issued to
the building owner or lessee and must comply with the following:
(1) Maintain the equipment in a safe
operating condition and in conformance with the standards and codes adopted in
14.15.8 NMAC and keep the equipment free from reportable conditions;
(2) Have an annual inspection of each unit
pursuant to Section 60-13B-11, NMSA 1978;
(3) Obtain the services of an inspector
employed by the division to perform an annual inspection in accordance with
14.15.3 NMAC;
(4) Have each unit of equipment tested to
determine the safety and compliance with the requirements of the codes and
standards adopted in 14.15.8 NMAC;
(5) Ensure all tests required by the
applicable codes and standards adopted in 14.15.8 NMAC are performed;
B. Display. Certificates of operation must be displayed
as follows:
(1) The current certificate of operation
for elevators, platform lifts, or related equipment are required to be
displayed in a publicly visible location without assistance or permission
during all hours in which the equipment is in operation as follows:
(a) Inside the elevator car enclosure or
platform lift, or related equipment, not more than seven feet or less than
three feet above the finished floor of the conveyance, or
(b) Outside the elevator car enclosure or
platform lift, or related equipment in the main elevator lobby, within ten feet
of the call button not more than seven feet or less than three feet above the
finished floor landing.
(2) The current certificate of operation
for escalators, moving walks, or related equipment are required to be displayed
in a publicly visible location without assistance or permission during all
hours in which the equipment is in operation as follows: in a common area lobby, hallway, or corridor
within ten feet of the location of which the public embarks or disembarks from
the escalator, moving walk, or related equipment and shall be not more than
seven feet or less than three above the finished floor landing.
C. It is the responsibility of the
building owner or lessee to request an annual renewal inspection for the
certificate of operation. The building
owner or lessee is responsible for fees to renew certificate of operation
pursuant to 14.15.4 NMAC.
D. All alterations, modifications, or
repairs performed on a conveyance must be reported to the division. The TBC shall make the determination if such
work shall be permitted and inspected by a division inspector.
[14.15.2.17 NMAC – 09/12/2025]
History of 14.15.2
NMAC: [RESERVED]