A. There is created within the division the "construction industries commission". The commission shall be composed of nine voting members who shall serve at the pleasure of the governor. Members shall be appointed by the governor, with the advice and consent of the senate, as follows:
(1) one member who is a representative of the residential construction industry of this state;
(2) one member who is a licensed electrical contractor;
(3) one member who is a licensed mechanical contractor;
(4) one member who is a licensed and practicing architect;
(5) one member who is a practicing general contractor;
(6) one member who is a representative of the liquefied petroleum gas industry;
(7) one member who is a resident of the state, who is not a licensed contractor or certified journeyman and who shall represent the people of New Mexico;
(8) one member who is a representative of the subcontracting industry of the state; and
(9) one member who is a representative of organized labor.
Members shall be appointed to provide adequate representation of all geographic areas of the state.
B. Each member of the commission shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
C. The commission shall annually elect a chair and vice chair from its membership. The director shall serve as the executive secretary of the commission.
D. The commission shall meet bimonthly or at the call of the chair.
E. The commission shall establish policy for the division. It shall advise on, review, coordinate and approve or disapprove all rules, standards, codes and licensing requirements that are subject to the approval of the commission under the provisions of the Construction Industries Licensing Act or the LPG and CNG Act [Chapter 70, Article 5 NMSA 1978] so as to ensure that uniform codes and standards are promulgated and conflicting provisions are avoided. However, the commission shall not enact a bylaw, order, building code, policy or rule requiring the installation of a residential fire protection sprinkler system in detached one- and two-family dwellings and multiple single-family dwellings, such as townhouses that are not more than three stories above grade plane in height and that have a separate means of egress and their accessory structures. The commission shall:
(1) revoke or suspend, for cause, any license or certificate of qualification issued under the provisions of the Construction Industries Licensing Act or the LPG and CNG Act; and
(2) define and establish all license classifications. The licensee shall be limited in bidding and contracting as provided in Subsection B of Section 60-13-12 NMSA 1978. A licensee, subsequent to the issuance of a license, may make application for additional classification and be licensed in more than one classification if the licensee meets the prescribed qualification for the additional classification.
History: 1953 Comp., § 67-35-4.2, enacted by Laws 1977, ch. 245, § 168; 1983, ch. 105, § 2; 1989, ch. 6, § 5; 2011, ch. 169, § 1.
Cross references. — For termination of commission, see 60-13-58 NMSA 1978.
The 2011 amendment, effective June 17, 2011, exempted residential fire protection sprinkler systems from regulation by the commission.
Structure New Mexico Statutes
Chapter 60 - Business Licenses
Article 13 - Construction Industries Licensing
Section 60-13-1 - Short title.
Section 60-13-1.1 - Purpose of the act.
Section 60-13-2 - General definitions.
Section 60-13-3 - Definition; contractor.
Section 60-13-6 - Construction industries commission created; membership; duties.
Section 60-13-7 - Construction industries division; director; appointment and qualifications.
Section 60-13-8 - Division; employees; equipment and supplies.
Section 60-13-9 - Division; duties.
Section 60-13-10 - Additional division duties; flood or mudslide areas; standards.
Section 60-13-10.2 - Division and commission; standards to accommodate solar collectors.
Section 60-13-10.3 - Equal access to public baby changing facilities.
Section 60-13-11 - Division or commission; powers.
Section 60-13-12 - Contractor's license required.
Section 60-13-13 - Application for contractor's license.
Section 60-13-13.1 - Repealed.
Section 60-13-13.2 - Licensees; identical or similar names.
Section 60-13-14 - Division; license issuance; reports.
Section 60-13-15 - License issuance; commission review.
Section 60-13-16 - Division; qualifying party; examination; certificate.
Section 60-13-18 - Licenses; renewal.
Section 60-13-19 - Division; evidence of possession; penalty.
Section 60-13-21 - Division; disposition of fees.
Section 60-13-21.1 - Repealed.
Section 60-13-23 - Revocation or suspension of license by the commission; causes.
Section 60-13-23.1 - Administrative penalty.
Section 60-13-25 - Qualifying party; termination of relationship.
Section 60-13-26 - Division; trade bureaus; liability of commission members.
Section 60-13-28 - Suspension period.
Section 60-13-29 - Application following revoked license or certificate.
Section 60-13-30 - Suit by contractor for compensation; pleading and proof of license.
Section 60-13-31 - Trade bureaus created.
Section 60-13-32 - Trade bureaus; definitions.
Section 60-13-33 - Trade bureaus; general duties and powers.
Section 60-13-36 - Certificates of competence; suspension and revocation.
Section 60-13-38 - Certificates of competence; examination; journeymen.
Section 60-13-39 - Certificates and examination.
Section 60-13-40.1 - Repealed.
Section 60-13-41 - Inspectors; designated inspection agencies.
Section 60-13-42 - Authority of inspectors; limitation.
Section 60-13-44 - Trade bureaus; standards; conflicts.
Section 60-13-45 - Trade bureaus; permits.
Section 60-13-46 - Trade bureaus; annual permits.
Section 60-13-47 - Trade bureaus; connection to installation.
Section 60-13-48.1 - Financial statements; confidentiality.
Section 60-13-49 - Proof of responsibility.
Section 60-13-51 - Contractor's bond; municipal requirement prohibited.
Section 60-13-52 - Penalty; misdemeanor.
Section 60-13-53 - Commission or division; powers of injunction; mandamus.
Section 60-13-54 - Continuation of license.
Section 60-13-55 - Continuation of construction codes and standards.