New Mexico Administrative Code

A. FPF funds cannot be accumulated when the money is not required to accomplish the purpose of the Fire Protection Fund Act or any associated rules promulgated by the fire marshal. B. FPF funds may be rolled over to subsequent fiscal years for the purposes of accumulating money t…

New Mexico Department of Homeland Security & Emergency Management

This rule requires the inspection and testing of mechanical fire and smoke dampers and smoke control systems in places of assembly, educational occupancies, institutional occupancies, residential occupancies consisting of four or more family units, mercantile occupancies, industr…

Section 59A-52-15.1 NMSA 1978.

Permanent.

Unless a later date is otherwise provided by law or in the rule, the effective date of this rule shall be the date of publication in the New Mexico register.

The purpose of this rule is to protect the safety and welfare of New Mexicans by providing inspection and testing in accordance with national fire protection association standards.

A. The state fire marshal or its designee shall issue a certificate of fitness for the inspection and testing of fire and smoke dampers to persons fulfilling all requirements. pursuant to 10.25.2.8 and 10.25.2.9 NMAC. B. For inspectors and testers other than the state or a politi…

A. Inspections. The inspection and testing of fire and smoke dampers and smoke control systems shall be required in accordance with national fire protection association standards in places of assembly, educational occupancies, institutional occupancies, residential occupancies co…

Department of Homeland Security and Emergency Management.

A. Review. The fire marshal shall review each application and return it pursuant to 10.25.1.10 NMAC if incomplete. An application returned by the fire marshal shall be deemed denied. An AHJ shall follow the review process provided in its applicable ordinance. B. Denial. The fire …

An applicant or certificate holder shall notify the fire marshal or AHJ of any change of information in the application or on the certificate, such as a change of address, within ten (10) days after such change.

A. Expiration. A certificate of fitness automatically expires at the conclusion of the time period for which it was issued. B. Revocation. The fire marshal or AHJ may revoke a certificate if: (1) any of the required licenses or qualifications of the applicant expire, are canceled…

This rule applies to all fire protection installation, maintenance and inspection companies that operate in the state of New Mexico.

Sections 8-8-21, 59A-52-2, and 59A-52-15 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 assure a minimum level of quality in the installation, inspection, maintenance and repair of fire protection equipment and to encourage fire prevention and control of fires.

In addition to the definitions in 10.25.1 NMAC, "qualified party" means a person holding a license from CID to install or repair fire protection systems.

A. When required. No person shall install, inspect, maintain, service, tag or repair fire protection equipment or systems unless he has obtained a certificate of fitness from the fire marshal in compliance with these rules. Any person holding a certificate of fitness shall have a…

Any person may apply for a certificate of fitness by submitting the required application to the fire marshal as provided in 10.25.1.9 NMAC or to an AHJ. The mandatory applications described in 10.25.1.9 NMAC are available as indicated in 10.25.1.9 NMAC. A. Information required fo…

New Mexico Public Regulation Commission, State Fire Marshal Division, Post Office Box 1269, Santa Fe, NM 87504-1269.

A. Notification by letter: Upon determination that an applicant or licensee appears on HSD's certified list of obligors, the state fire marshal shall notify the applicant or licensee by letter that the applicant or licensee must provide the state fire marshal with a subsequent st…

If an applicant or licensee fails to respond to the initial notice as required by 10.25.3.10 NMAC, the state fire marshal shall file and serve a complaint upon the applicant or licensee. If the state fire marshal's complaint for rejection of an application or suspension or revoca…

In any hearing under 10.25.3.11 NMAC, relevant evidence is limited to the accuracy or veracity of the statement of non-compliance. The statement of non-compliance is conclusive evidence requiring the state fire marshal to take the rejection, suspension or revocation action under …

When an action to reject an application or suspend or revoke a license or permit is taken by the state fire marshal solely because the applicant, licensee or permittee is not in compliance with a judgment and order for support, the final order shall state that: A. in application …

Proceedings and administrative hearings held pursuant to this rule shall be governed by Section 60-2C-11 NMSA 1978 and the New Mexico public regulation commission rules of procedure, 1.2.2 NMAC.

This rule applies to all persons required to have a license issued by the state fire marshal in order to sell fireworks.

Sections 8-8-6, 8-8-15, 40-5A-9 and 60-2C-3 NMSA 1978.

Permanent.

November 26, 2019, unless a later date is cited at the end of a section.

The purpose of this rule is to implement the requirements of the Parental Responsibility Act, Sections 40-5A-1 to 40-5A-13 NMSA 1978, as they apply to the issuance, renewal, suspension or revocation of fireworks vendor licenses.

All terms defined in the Parental Responsibility Act shall have the same meanings in this rule unless defined below. A. HSD means the New Mexico human services department. B. License means a display distributor, distributor, manufacturer, retailer, specialty retailer or wholesale…

If an applicant or licensee is not in compliance with a judgment and order for support, the state fire marshal shall: A. deny an application for a license; B. deny the renewal of a license; C. have grounds for suspension or revocation of a license.

A. Receipt of certified list from HSD: Upon receipt of HSDs certified list of obligors not in compliance with a judgment and order for support, the state fire marshal shall match the certified list of obligors against the current list of applicants and licensees. By the end of th…

New Mexico Department of Homeland Security and Emergency Management.

A. Definitions defined by the SFM or the NMFC shall apply specifically to the enforcement and requirements of 10.25.5 NMAC. Terms not defined in this rule but defined in the New Mexico Building Code, CID rule 14.7.2 NMAC, the New Mexico Residential Building Code, CID rule 14.7.3 …

A. Section 301.1 Scope. This section applies as mandated by the local AHJ. B. Section 301.2 Permits. This Section shall apply to the extent mandated by the local AHJ. C. Section 304.1.2 Vegetation. This section applies to the extent mandated by the local AHJ. D. Section 307 Open …

A. Section 405.3 Frequency. Add Exception: "E" occupancies shall comply with PED rule 6.29.1.8 NMAC emergency drills and practiced evacuations. B. Section 405.6 Record keeping. Item number 7 is deleted and replaced with the following language: "Problems encountered and corrective…

Amend section 605.9 to add "if required by the fire code official" at the end of the section.

Throughout chapter 9, the following shall apply: A. Delete the term "International Mechanical Code" where used in this chapter and replace with the term "New Mexico Mechanical Code". B. Delete the term "International Plumbing Code" where used in this chapter and replace with the …

See Section 10 of the NMBC, CID rule 14.7.2 NMAC, and IFC section 1032, Maintenance of the Means of Egress.

This chapter of the IFC and 10.25.6 NMAC apply to fireworks. If there is any conflict between this chapter of the IFC and the Fireworks Licensing and Safety Act, Sections 60-2C-1 through 60-2C-11 NMSA 1978, the Fireworks Licensing and Safety Act shall control.

NFPA 1 and NFPA 101 are repealed except as provided in 10.25.5.19 NMAC.

Prior to beginning construction or occupancy of any building or structure regulated by the currently adopted New Mexico Building Codes and the NMFC, the contractor shall apply for a permit and submit drawings for plan review by the AHJ and approval of the fire protection system f…

For purposes of this section, "constructed" shall mean that the contractor has begun any substantial portion in the design, permitting or building of a building or structure. A change in occupancy requires approval from the appropriate building code official. All new construction…

A. This rule establishes the state's minimum requirements that apply to structures, processes, premises and safeguards regarding: (1) the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; (2) conditions hazardous to life, …

Section 2311.2.3 applies as mandated by the local AHJ.

Sections 8-8-6, 8-8-15, 59A-52-15, and 59A-52-16 NMSA 1978.