New Mexico Administrative Code

The New Mexico Hazardous Materials Emergency Response (HMER) Plan is adopted pursuant to the authority of the New Mexico Emergency Management Act as amended in 1984.

[Permanent]

[Filed January 31, 1986]

In accordance with the mandates and authorities of the Emergency Management Act, it is the purpose of this plan to initiate and implement comprehensive procedures which can be applied state-wide by all persons who may be involved in responding to a hazardous materials incident.

[RESERVED]

This document is an excerpt from New Mexico Hazardous Materials Emergency Response Program. The Plan and Procedures Manual includes the basic information needed to understand the workings of an emergency response to a hazardous materials accident. Included in the Program but not …

Authority and responsibility shall be consistent with the legislative intent of the Emergency Management Act and the procedures developed pursuant to that act. General responsibility shall be: A. State government: State government shall have primary responsibility for management …

Department of Public Safety.

This rule shall not prevent the New Mexico department of public safety from entering into a written agreement for search and rescue certifications and trainings through an outside certifying body. The SAR review board will review the training curriculum and recommend approval to …

A. Denial, suspension, or revocation of certification: SAR persons seeking certification as a field coordinator, incident command system general staff, or SAR person or volunteer may have their request for certification denied within the discretion of the agency administrator for…

This rule applies to all persons who desire to obtain and maintain a certification with the New Mexico department of public safety, search and rescue (SAR).

Section 24-15A-5 NMSA 1978 and Section 9-19-6(E) NMSA 1978.

Permanent.

June 27, 2017, unless a later date is cited at the end of a section.

The purpose of this rule is to provide a system of certification and maintenance of certification of search and rescue persons.

In addition to the definitions set forth in the Search and Rescue Act, Section 24-15A-3 NMSA 1978, the following terms are defined: A. Agency administrator means the chief of the New Mexico state police. The chief may appoint an agency administrator designee for search and rescue…

A. Certification for field coordinator: (1) Certification is required for SAR persons or volunteers in order to act as field coordinators. To be certified as a field coordinator an applicant must: (a) submit an application with the New Mexico department of public safety; (b) succ…

A. Maintenance of certification for field coordinator: (1) Annual maintenance training is required to maintain field coordinator certification. (2) The maintenance of certification training programs for field coordinators shall provide a minimum total of eight hours of training. …

New Mexico Public Regulation Commission.

A. A filing will be considered incomplete if: (1) it is unsigned; (2) it omits any information required by law or fire marshal rule or order; (3) it is not accompanied by the appropriate filing fee, paid as required by 12.3.1.14 NMAC; or (4) the fire marshal determines the filing…

Any person who wishes to inspect public records or other documents relating to fires shall make a request to the fire marshal. The request shall meet the requirements of the Inspection of Public Records Act, Sections 14-2-1 through 14-2-12 NMSA 1978, and shall follow the procedur…

A. Filing of request. A person shall make a request in writing for copies of a document or report and shall list all documents or information requested. A request may be mailed or delivered as provided in 12.3.1.9 NMAC, or sent by facsimile to (505) 827-3778. If a person cancels …

A person shall pay fees charged by the commission or the fire marshal by cashier's or company check or money order from funds on deposit with a United States financial institution, made payable to the New Mexico public regulation commission. The fire marshal will not accept perso…

In all matters before the commission involving the fire marshal, the commission shall follow the commission's rules of procedure. A specific provision in these rules shall control over a conflicting general provision in the commission's rules of procedure.

A person aggrieved by any order of the fire marshal may appeal the decision: A. to the commission in accordance with Section 59A-52-21 NMSA 1978, by filing an appeal with the New Mexico Public Regulation Commission Docketing Office by mail to P.O. Box 1269, Santa Fe, New Mexico 8…

This rule applies to any person whose activities are regulated by the provisions of Sections 59A-52-1 through 59A-52-25 NMSA 1978 or the Fireworks Licensing and Safety Act, Section 60-2C-1 through 60-2C-11 NMSA 1978.

Sections 8-8-6, 8-8-15, 59A-52-2, 59A-52-15, 59A-52-16, and 60-2C-3 NMSA 1978.

Permanent.

November 15, 2007, unless a later date is cited at the end of a section.

The purpose of this rule is to set forth general provisions governing fire prevention, control of fires, and safe egress from and use of public occupancies.

In addition to the definitions in Chapter 59A, Article 52 NMSA 1978; Sections 60-2C-2 and 60-2C-2.1 NMSA 1978; 10.25.1 NMAC; 10.25.5 NMAC; and the code adopted in 10.25.5 NMAC; as used in these rules: A. AHJ means an authority having jurisdiction; this may refer to the fire marsh…

In addition to the requirements stated here, particular rules may include other filing requirements. All documents required by these rules to be filed with the fire marshal, including applications referenced in 10.25.6 NMAC, shall be filed as follows. A. Address for filing docume…

A. Mandatory applications. For ease and consistency of data entry, the fire marshal has prepared mandatory permit and license applications for compliance with 10.25.2 and 10.25.6 NMAC. B. Optional permit application and guidelines. The fire marshal provides an optional permit app…

New Mexico Public Regulation Commission, State Fire Marshal's Division.

A. Each fire department shall complete a monthly fire report utilizing the national fire incident reporting system. This report shall be filed with the state fire marshal's office by the 10th day of each month following the month for which the report is prepared, (e.g., the repor…

A. Establishment of a new department. The following actions are to be taken in the order listed. (1) Local government shall request from the fire marshal an onsite visit of the proposed response area to determine the feasibility of starting a new department. (2) If the fire marsh…

A. All Class 10 departments shall have three years from the date of certification as a fire department or from the effective date of this rule (whichever is longer) to achieve Class 9 or better. B. Class 10 departments may submit a written request to the fire marshal for extensio…

A. All stations shall have a name or numerical designation. (example: Washington Street Station or XYZ Fire Department Station No. 2). B. Existing main and substations shall meet the following requirements: (1) be a sufficient distance from other stations to reasonably effect res…

A. SFMO (1) NMFTA shall publish or adopt all performance evaluations required under this rule in the form of position task books (PTBs). The NMFTA shall use NFPA standards, other national standards, or nationally accepted training curriculum as the basis for PTBs. The NMFTA shall…

A. Training and equipment needed to support the fire department's ability to suppress structure fires shall be the first priority when expending FPF funds. Departments that are not adequately trained or equipped to conduct structural firefighting shall only expend FPF monies on e…

All vehicles purchased with FPF funds shall meet the following requirements: A. new vehicle specifications for bid shall be submitted to the fire marshal and shall be approved by the fire marshal prior to advertising for bids; B. a detailed description of used vehicles shall be s…

All purchases shall be made by the designated purchasing officer in compliance with the provisions and requirements of the New Mexico procurement code.

All fire departments shall maintain an equipment inventory list. All single items purchased with FPF monies costing two hundred and fifty dollars ($250) or more shall be listed on the fire department's inventory list. A physical inventory of such items shall be conducted no less …

This rule applies to all counties, municipalities, and any governmental entity, under law, that receive fire protection fund money.

Section 59A-53-12 NMSA 1978.

Permanent.

July 15, 2013, unless a later date is cited at the end of a section.

The purpose of this rule is to clarify the requirements under which fire departments are funded and to specify the items and services that can be procured for use in the operations, maintenance and betterment of local fire departments with the intention of reducing losses by fire…

As used in this rule: A. accreditation means to give official authorization or approval; or to recognize or vouch for as conforming to a standard; B. certified fire department means a fire department that has been certified pursuant to paragraph 10.25.10.11 of this rule; C. certi…

A. Every local government that desires to have a fire department(s) participate in the distribution of the fire protection fund shall file a complete application on a form prescribed by the fire marshal. This form shall include information necessary to determine the funding needs…