New Mexico Administrative Code

May 15, 2018, unless a later date is cited at the end of a section. From the date of publication of this rule in the New Mexico register, until September 10, 2022, permits may be issued under either the previously adopted rule, or this rule. After September 10, 2022, permits may …

The purpose of this rule is to establish minimum standards for the installation, repair, and replacement of mechanical systems including equipment, appliances, fixtures, fittings and appurtenances including ventilating, heating, cooling, air conditioning, and refrigeration system…

See 14.5.1 NMAC, General Provisions and Chapter 2 of the 2021 Uniform Mechanical Code (UMC) as amended in 14.9.2.10 NMAC.

A. This rule adopts by reference the 2021 UMC, as amended by this rule. B. In this rule, each provision is numbered to correspond with the numbering of the 2021 UMC. C. This rule shall apply in conjunction with the provisions of all applicable New Mexico construction codes, laws …

See this chapter of the UMC except as provided below. A. 101.0 General. (1) 101.1 Title Delete this section of the UMC and substitute: This code shall be known as 14.9.2 NMAC, the 2021 New Mexico Mechanical Code (NMMC). (2) 101.2 Scope. Delete this section of the UMC and see 14.9…

The Construction Industries Division of the Regulation and Licensing Department.

A. This rule applies to all persons engaged in the construction activities, including inspectors and code enforcement officials, in the state of New Mexico. B. 14 NMAC.9.3 [now 14.9.3 NMAC] has a broad scope, with provisions that apply to the erection, installation, alteration, a…

A. Pursuant to Section 60-13-9(F) NMSA 1978 of the Construction Industries Licensing Act, the construction industries division of the regulation and licensing department has adopted 14 NMAC 9.3 [now 14.9.3 NMAC]. This section provides as follows: "The division shall adopt all bui…

Permanent; until later amended, repealed or replaced.

The objective of 14 NMAC 9.3 [now 14.9.3 NMAC] is to promote the general welfare of the people of the state of New Mexico by providing for the protection of life and property through standards that, when complied with, will result in an installation essentially free from hazards.…

[RESERVED]

Adoption of the 1997 Uniform Mechanical Code (14 NMAC 9.3) [now 14.9.3 NMAC] was recommended by the mechanical bureau and formally approved by the construction industries commission on August 17, 1998 and September 25, 1998. A. This part supersedes Rule No. MB-UMC-91-1, the 1991 …

The Construction Industries Division of the Regulation and Licensing Department.

Section 5, 14 NMAC 5.2 [now 14.5.2.5 NMAC] (permits) of the construction industries division rules and regulations does not apply to boilers.

Violation(s) of this code and/or the technical codes may result in one or more of the following: A. The construction industries division may assess the licensee an administrative penalty provided under the provisions of the Construction Industries Licensing Act and the LPG Act, (…

A. All boiler installations shall conform to minimum requirements for safety from structural and mechanical failure and excessive pressure, as established by the mechanical bureau in accordance with the ASME Boiler and Pressure Vessel Codes, Sections I, IV, and IX, with the adden…

A. All existing boilers shall be maintained and operated in compliance with the manufacturer's requirements and all existing codes at the time of installation. All existing boilers installed prior to 1973 shall, within two (2) years, meet the minimum requirements of the Uniform M…

A. Listed and approved potable water heaters with a nominal capacity of 120 gallons or less having a heat input of 200,000 Btu/h or less used for hot-water supply at pressures of 160 psi or less and at temperatures not exceeding 250 degrees F, as regulated by the New Mexico Plumb…

Cities that have adopted a boiler code in substantial compliance with the State Boiler Code may enforce the provisions of the city code within their jurisdictions.

A. Repair organizations making repairs to boilers shall have an ASME qualified welders certificate or national board "R" stamp. B. All repairs of boilers shall be in compliance with these rules. A report of welder repair/alteration and the completed work may be subject to the app…

In case of boiler accident (fire or waterside) or other serious damage to a boiler, the mechanical bureau and the insurance company shall be notified immediately by the owner/user. No parts or appurtenances shall be removed or their positions changed unless necessary for the prot…

A. All boilers and steam generators as stipulated in Section 26 [now 14.9.4.26 NMAC] (Inspections and fees) of these rules shall be inspected. Upon successful inspection, a certificate of inspection shall be issued by the mechanical bureau or insurance company. Such certificate m…

No individual shall engage in the occupation or trade of boiler operator at a publicly owned place of public assembly unless that person holds a certificate of competence issued by the construction industries division for the occupation or trade of boiler operator.

A. This rule applies to all individuals performing alteration, repair and installation working on boilers in the state of New Mexico. B. These boiler rules and regulations address the following: permits, insurance requirements and inspections, licensing, licensing of boiler opera…

A. Constant attendance of a boiler with automatic controls is not required. However, there shall be a properly licensed individual (reference Section 29 [now 14.9.4.29 NMAC], Boiler Operator, Certificate of Competence, of these rules) responsible for the safe operation of such eq…

When a special inspector performs a first inspection of a boiler and finds that the boiler or any of the appurtenances thereof are in such condition that the insurance company refuses to insure such boiler, said inspection agency or said special inspector shall notify the mechani…

A. If, upon inspection, a boiler is found to be in such condition that it is unsafe to operate, a RED tag or the equivalent shall be attached to the boiler and the owner or user shall have an appropriate New Mexico licensed contractor make required repairs. B. If, upon inspection…

A. Any boiler which comes under these rules and having been inspected and declared condemned by special inspector shall, after notifying the mechanical bureau, be stamped by the special inspector. B. The condemnation mark shall be a series of capital X's stamped over the boiler i…

A. Any boiler which is not constructed and stamped in accordance with the rules of the appropriate ASME Boiler Code shall not be installed or reinstalled to operate at any pressure after the adoption of these rules. B. Any non-code boiler installed prior to the adoption of these …

The owner or user of such inspected equipment shall be responsible for obtaining a certificate of inspection. The method and frequency of boiler inspections shall be as follows: A. The following equipment shall be inspected internally annually. A certificate inspection may be iss…

A. Any insurance company licensed to sell boiler and pressure vessel insurance in this state and insuring a boiler located in the state shall inspect such boiler so insured. B. Such inspection shall be performed by national board commissioned inspector. C. Equipment that has been…

A. After timely notification, it shall be the responsibility of the owner or user to prepare the boiler for inspection. To prepare a boiler for internal inspection, all manhole plates, handhold plates, washout plugs and water column connection plugs shall be removed and the water…

If upon external inspection there is evidence of a leak or crack, enough of the covering of the boiler shall be removed as the inspector shall deem necessary to determine the safety of the boiler. If the covering cannot be removed at that time, the inspector may order the operati…

A. Pursuant to Section 60-13-38 of the New Mexico Construction Industries Licensing Act and LPG Act (NMSA 1978), the New Mexico boiler operator classifications are listed below. (1) Classification: boiler operator trainee: (a) Experience: entry level position. (b) Limitations: sh…

Pursuant to Section 60-13-9.(F.) of the Construction Industries Licensing Act (NMSA 1978) the construction industries division has adopted 14 NMAC 9.4 [now 14.9.4 NMAC]. Section 61-13-9. (F.), NMSA 1978 provides as follows: "The division shall adopt all building codes and minimum…

If a boiler has not been properly prepared for inspection as provided for in these rules, the inspector may decline to make such inspection and the certificate shall be withheld until the boiler has been properly prepared and inspected.

Upon discovering any unsafe inspection conditions, it is the responsibility of the special inspector to decline such inspection and the certificate withheld until such time as the unsafe conditions have been eliminated.

A. Whenever a boiler is subject to hydrostatic test required by these rules, the required test pressure may be at a pressure no more than the maximum allowable working pressure for the installation so tested, at the discretion of the special inspector. B. Re-rating of a boiler sh…

A. Boilers shall be so located and so equipped that egress is provided to permit safe and quick escape of any person in case of emergency; this shall include suitable and sufficient permanent stairs or ladders from boiler tops and elevated appurtenances and appliances which are l…

Boiler inspectors shall not make any of the repairs they order to boilers.

Special inspectors shall not sell or be interested in the sale directly or indirectly of articles or accessories used in the maintenance of boilers and steam equipment, to the owners of the boilers which they inspect.

A. Special inspectors shall not receive any salary or expenses from the state. Special inspectors shall not be required to use the inspection tags designated in Section 7 [now 14.9.4.7 NMAC], inspection tags. Such special inspectors shall use inspection tags with equivalent infor…

Deputy state inspectors shall be responsible to the state mechanical bureau chief inspector and hold a national board boiler and pressure vessel commission, or pass a mechanical bureau deputy state inspector's examination.

A. No person shall attempt to remove or do any work on any safety appliance prescribed by these rules while the appliance is subject to pressure. B. Should any safety appliance be removed for repair during an outage of a boiler, it must be reinstalled and in proper working order …

If any section, paragraph, clause or provision of these rules shall be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining sections, paragraphs, or provisions.

Permanent; until later amended, repealed or replaced.

January 1, 1998, unless a later date is cited at the end of a section or paragraph.

The objective of 14 NMAC 9.4 [now 14.9.4 NMAC] is to promote the general welfare of the people of New Mexico by providing for the protection of life and property through standards that, when complied with, will result in an installation essentially free from hazards.

The following terms shall have the meaning indicated when used in these rules and when referenced in the various codes: A. "Administrative authority" means the mechanical bureau, construction industries division, regulation and licensing department, state of New Mexico. B. "Accid…