New Mexico Statutes
Article 15 - Architects
Section 61-15-2 - Definitions (Repealed effective July 1, 2024.)

As used in the Architectural Act [61-15-1.1 NMSA 1978]:
A. "architect" means any individual registered under the Architectural Act to practice architecture;
B. "architectural services" means the services, as defined by rule of the board, performed in the practice of architecture. These services include predesign services, programming and planning, providing designs, drawings, specifications, other technical submissions, administration of construction contracts, coordination of technical submissions prepared by others and such other professional services as may be necessary to the planning, progress and completion of any architectural services. An architect who has complied with all of the laws of New Mexico relating to the practice of architecture has a right to engage in the incidental practice of activities properly classifiable as engineering; provided that the architect does not hold himself out to be an engineer or as performing engineering services and further provided that the architect performs only that part of the work for which the architect is professionally qualified and uses qualified professional engineers, architects or others for those portions of the work in which the contracting architect is not qualified. Furthermore, the architect shall assume all responsibility for compliance with all laws, codes, rules and ordinances of the state or its political subdivisions pertaining to documents bearing an architect's professional seal;
C. "board" means the board of examiners for architects;
D. "construction administration", when performed by an architect, means the interpretation of the drawings and specifications, the establishment of standards of acceptable workmanship and the observation of construction to determine its consistency with the general intent of the construction documents. Inspection of buildings by contractors, subcontractors or building inspectors or their agents shall not constitute construction administration;
E. "incidental practice" means the performance of other professional services that are related to an architect's performance of architectural services;
F. "intern architect" means a person who is actively pursuing completion of the requirements for diversified training in accordance with rules of the board;
G. "practice of architecture" means rendering or offering to render architectural services in connection with the design, construction, enlargement or alteration of a building or group of buildings and the space within the site surrounding those buildings, which have as their principal purpose human occupancy or habitation. "Practice of architecture" does not include the practice of engineering as defined in the Engineering and Surveying Practice Act [61-23-1 NMSA 1978] but may include such engineering work as is incidental practice;
H. "project" means the building or group of buildings and the space within the site surrounding the buildings as defined by the construction documents; and
I. "responsible charge" means that all architectural services have been or will be performed under the direction, guidance and restraining power of a registered architect who has exercised professional judgment with respect thereto.
History: 1978 Comp., § 61-15-2, enacted by Laws 1979, ch. 362, § 2; 1987, ch. 282, § 3; 1999, ch. 263, § 1.
Delayed repeals. — For delayed repeal of this section, see 61-15-13 NMSA 1978.
Repeals and reenactments. — Laws 1979, ch. 362, § 2, repealed former 61-15-2 NMSA 1978, relating to definitions of "practice of architecture," "general administration of construction" and "building," and enacted a new 61-15-2 NMSA 1978.
The 1999 amendment, effective June 18, 1999, in Subsection B, inserted "as defined by rule of the board", substituted "predesign services, programming and planning, providing designs" for "planning, providing preliminary studies, designs", substituted "administration of construction contracts, coordination of technical submissions prepared by others and such" for "and the observation of construction for the purpose of assuring substantial compliance with drawings and specifications and include such" in the first sentence, deleted language allowing engineers to engage in activities properly classified as architecture insofar as it is incidental to work as an engineer, and added the language beginning "codes, rules and ordinances" at the end of the subsection; in Subsection D, substituted the term "construction administration" for the term "construction observation of a construction contract" twice and deleted "periodic" preceding "observation"; deleted former Subsection E, which defined "direct supervision"; added Subsections E, F, H and I, and redesignated former Subsection F as Subsection G; and in Subsection G, substituted "architectural services" for "any service which requires architectural education, training and experience" in the first sentence, and added the second sentence.
The 1987 amendment, effective June 19, 1987, alphabetized and relettered the subsections; rewrote Subsection B; in Subsection D substituted "construction observation of a construction contract" for "general administration of a construction contract" at the beginning, and added "when performed by a person engaged in the practice of architecture" to the end of the first sentence and added the second sentence; inserted Subsection E; and rewrote Subsection F.
Law reviews. — For note, "Police Power and the Design of Buildings," see 5 Nat. Res. J. 122 (1965).