N.M. Admin. Code § 1.5.24.7

Current through Register Vol. 35, No. 21, November 5, 2024

Section 1.5.24.7 - DEFINITIONS

A. "Agency" means a state executive agency other than the state land office, state armory board, the office of cultural affairs, the state fair commission, the department of game and fish, the department of transportation, the commissioner of public lands, the state parks division of the energy, minerals and natural resources department, the state institutions of higher learning, the New Mexico school for the deaf, the New Mexico school for the visually handicapped, the judicial branch, the legislative branch, property acquired by the economic development department pursuant to the Statewide Economic Development Finance Act (6-25-1 NMSA 1978) and property acquired by the public school facilities authority pursuant to the Public School Capital Outlay Act (22-24-1 NMSA 1978).

B. "Alterations and modifications" means work performed to change the interior arrangements or other physical characteristics of an existing facility or installed equipment so that it can be used more effectively for its currently designated purpose or adapted to a new use. Alterations may include work referred to as improvement, conversion, remodeling, and modernization but are not maintenance. Also included is work to replace or restore damaged, worn-out building components to a normal operating condition. Such repairs are curative, while maintenance is preventative.

C. "Authorized persons" means a non-state employee given written authorization by the lead agency and or the PCD to enter a property when the property is closed to the public.

D. "Charitable purpose" means any purpose for which a charitable organization has been established to directly promote the well-being of the public at large or the benefit of an indefinite number of persons and may not result in any profit to the non-profit organization.

E.Director" means the director of the property control division (PCD).

F. "Improvements" means all land, structures, firmly attached and integrated equipment (such as light fixtures or a well pump), anything growing on the land, and all "interests" in the property.

G. "Lead agency" means the agency designated by the division to occupy a state building or campus subject to the jurisdiction of PCD who is responsible for ensuring that the building(s) are maintained to standard and that all costs associated with the operation of the building(s) are paid.

H. "Major repairs" means work necessary to restore a facility, system or component to its intended use.

I. "Maintenance, operations and repair" means those activities essential for the routine use for which a facility was designed, including preventive maintenance activities and related work that is required to preserve a facility in a condition such that it can be effectively used for its intended purpose. Examples of expenses that are included are utilities, custodial services, security, pest control, trash-recycle removal, preventive maintenance, minor repairs and related administrative costs.

J. "Preventative maintenance" means a planned program of periodic inspections, servicing, maintenance and performance testing.

K. "Property control division (PCD)" means the division of the general services department established in Chapter 15, Article 3 NMSA 1978.

L. "Smoke" or "Smoking" means the carrying or holding of a lighted pipe, cigar or cigarette of any kind, or any other lighted smoking equipment or the lighting or emitting or exhaling the smoke of a pipe, cigar or cigarette of any kind.

M. "Solicitation" means any activity which may be considered or reasonably interpreted as being for the advertisement, promotion, or sale of products, or services, or for the participation in a commercial venture of any kind. The distribution or posting of handbills, leaflets, circulars, advertising or other printed materials for the purpose cited in Paragraph (2) of Subsection A and Paragraph (5) of Subsection B of 1.5.24.9 NMAC is construed as solicitation.

N. "State property" also referred to as property and premises, is all premises and grounds maintained by, or for the use of, a state agency, department or division under the jurisdiction of PCD.

O. "Vendor" means someone who promotes or exchanges goods or services for money or other valuable consideration.

N.M. Admin. Code § 1.5.24.7

1.5.24.7 NMAC - N, 1/1/09