New Mexico Statutes
Article 13 - Construction Industries Licensing
Section 60-13-45 - Trade bureaus; permits.

A. The trade bureaus within their respective jurisdictions may require a permit to be secured and conspicuously posted prior to any construction, installation, alteration, repair or addition to or within any building, structure or premises.
B. No permit shall be required for the performance of any of the following classes of work:
(1) minor repairs, replacement of lamps, the connection of portable electrical equipment to suitable receptacles which are permanently installed, minor repairs or replacement of or to faucets, taps or jets or connection of portable equipment to suitable connections or inlets which have been permanently installed;
(2) installation of temporary wiring for testing electrical equipment or apparatus or installation of temporary fixtures or devices for testing fixtures, equipment, apparatus or appliances;
(3) installation, alteration or repair of electrical equipment for the operation of signals or the transmission of intelligence by wire; and
(4) installation or work which is done after regular business hours or during a holiday when immediate action is imperative to safeguard life, health or property, provided the person making the installation or performing the work applies for a permit covering the installation or work not later than the next business day.
C. If a permit has been issued for construction of a new residential building, that residential building shall not be occupied until a certificate of occupancy has been issued certifying compliance with all codes and standards.
D. The commission shall make rules and regulations pertaining to the issuance of permits and the setting of reasonable fees to be paid by the applicant for a permit. The regulations shall provide a procedure for the issuance of permits outside the corporate limits of a municipality where inspection is made by a state inspector or a municipal inspector serving as a part-time state inspector and for inspections within a municipality where the inspection is done exclusively by a full-time state inspector. Each trade bureau by regulation may require a reasonable bond or surety in the penal sum of five hundred dollars ($500) or more, but not to exceed fifteen hundred dollars ($1,500), with such bureau named as obligee and conditioned for the payment of inspection fees provided in the Construction Industries Licensing Act. Nothing in this section shall preclude municipalities from making inspections in accordance with the Construction Industries Licensing Act or rules and regulations pursuant to that act or from establishing a schedule of fees to be paid by an applicant for a permit.
E. In the event that the division assumes inspections of a municipal or county jurisdiction, the permit fees shall be paid directly to the division.
History: 1953 Comp., § 67-35-53, enacted by Laws 1967, ch. 199, § 53; 1969, ch. 224, § 12; 1977, ch. 245, § 207; 1989, ch. 6, § 39.
Recovery by plumber obtaining permit while work in progress. — Plaintiff, a licensed plumber who obtained permit while work was in progress, contrary to former version of statute which required that permit be obtained before job began, could recover for labor performed and materials furnished where defendant was not injured by delay and where former 67-22-11, 1953 Comp., was silent on effect of failure to apply for permit. Measday v. Sweazea, 1968-NMCA-008, 78 N.M. 781, 438 P.2d 525.
Restrictions on municipal permitting or inspection. — The construction industries division of the regulation and licensing department does not have the authority to place special requirements on a local jurisdiction's approval of construction permits or inspection of construction projects. 2011 Op. Att'y Gen. 11-06
Failure to adopt temporary or permanent CID program requirements. — The construction industries division of the regulation and licensing department does not have the authority to refuse inspection services to a local jurisdiction because the local jurisdiction failed to adopt temporary or permanent CID program requirements for the approval of construction permits or inspection of construction projects. 2011 Op. Att'y Gen. No. 11-06.
"Permit" as used in this section refers to a "building permit" or "installation permit." 1969 Op. Att'y Gen. No. 69-72.
Municipalities and trade boards not given coextensive authority. — It is unreasonable to interpret this section as giving municipalities and trade boards coextensive authority to require permits and inspections within municipalities. That interpretation would produce the possibility that citizens of a municipality might have to obtain two permits and submit to double inspections for their construction work, which would be contrary to purposes of the Construction Industries Licensing Act, one of which is to eliminate duplication of inspections. 1974 Op. Att'y Gen. No. 74-13.
Construction Industries Licensing Act covers practically entire field of construction industry and leaves municipalities only the right to make inspections or rules and regulations pursuant thereto, and to establish a schedule of fees to be paid by applicant for a permit. 1969 Op. Att'y Gen. No. 69-72.
Right of municipality to both license and regulate resident and nonresident contractors has been taken away by the comprehensive nature of the Construction Industries Licensing Act except in certain minor respects. 1969 Op. Att'y Gen. No. 69-72.
Municipality's power to tax contractors. — Legislature intended all occupations should be taxed under former Section 3-38-3 NMSA 1978, and the mere fact they are not included in suggested classifications which a municipality could choose to use does not prevent taxation of resident or nonresident contractors with a minimum tax of $5.00 and a maximum of $25.00 for an occupation license, unless municipality has issued a license to a contractor under any other law. 1969 Op. Att'y Gen. No. 69-72.
Municipality's power to enact rules, make inspections. — All municipalities have power to enact rules and regulations and make inspections pursuant to the Construction Industries Licensing Act, and charge for building or installation permits, but can add no requirements whatsoever thereto, except possibly as to character and quality of installations, and even this admits of some doubt, if the work passes state inspection. 1969 Op. Att'y Gen. No. 69-72.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 13 Am. Jur. 2d Building and Construction Contracts §§ 130, 131. 13 Am. Jur. 2d Buildings §§ 8 to 11.

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