N.M. Admin. Code § 14.6.7.7

Current through Register Vol. 35, No. 23, December 10, 2024

Section 14.6.7.7 - DEFINITIONS

The following terms shall have the meaning indicated when used in this rule.

A."Act" means the Construction Industries Licensing Act, Sections 60-13-1 through 60-13-59 NMSA 1978 and the LP Gas Act, Sections 70-5-1 through 70-5-23 NMSA 1978.

B."Approved In-plant Inspector List" means a list of inspection agencies approved by and registered with the Division.

C."Approved Inspection Agency List" means a list of inspection agencies approved by and registered with the Division.

D."Approved Modular Manufacturers List" means a list of modular manufacturers approved by and registered with the Division.

E."Authority Having Jurisdiction" (AHJ) means the entity with permitting and enforcement authority over a construction project within its jurisdiction.

F."Code" means the codes set forth in Title 14 Chapters 5 thru 10 NMAC.

G."Commercial use" shall have the same meaning as that given it in the New Mexico commercial building code.

H."Compliance Decal" attached to a modular structure by an in-plant inspector indicating code compliance.

I."Data Plate" attached to the rear exterior siding of each transportable section with identification of the edition dates of the codes or standards complied with and the compliance decal number.

J."Director" means the administrative head of the division.

K."Division" means the CID of RLD.

L."Dwelling" means a building that contains one or two dwelling units, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes pursuant to the New Mexico Residential Code.

M."Dwelling unit" means a single unit providing complete independent living facilities, for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

N."Inspection"

(1)"In-plant" means an inspection performed pursuant to Paragraph (1) of Subsection B of 14.6.7.12 NMAC by an "in-plant inspector" employed by an inspection agency to perform in-plant inspections of modular structures or modular manufacturing inspections of modular components.

(2)"Installation" means an inspection performed by the division or an AHJ employed inspector after the installation and utility set-up of the structure pursuant to Subsections A through G of 14.6.7.13 NMAC.

O."Inspection Agency" means a company approved by the director and registered with the division as an in-plant inspection agency for modular components or modular structures.

P."Inspector"

(1)"Division or AHJ inspector" means an inspector employed by the division or an AHJ to conduct required code inspections.

(2)In-plant inspector" means an inspector approved by the division to perform in-plant inspections of modular components or modular structures and employed by an approved inspection agency.

Q."Manufacturer" means any person engaged in the manufacture or construction of modular structures or modular components.

R."Modular Manufacturer Certificate of Code Compliance" issued by the in-plant inspector certifying that the structure is in compliance with all New Mexico codes prior to leaving the manufacturing facility. The manufacturer shall submit the Modular Manufacturer Certificate of Code Compliance and all in-plant inspection reports, including the final in-plant inspection report, to the division.

S."Modular Building Certificate of Occupancy" issued by the division or the AHJ after all permits and inspections for installation are completed and approved.

T."Modular components" means non-assembled constructed components of a residential or commercial building, built off site but to be assembled on site.

U."Modular structure" means any structure built off site for use or occupancy by persons or property, whether or not designed to be placed on a permanent foundation. Modular structures include factory-built buildings. Modular structure does not include modular components, modular component structures or manufactured housing structures that are subject to federal regulation.

V."Park Model RV" (PMRV) is a unique trailer-type RV that is designed to provide temporary accommodation for recreation, camping or seasonal use. PMRV's are built on single chassis, mounted on wheels and have a gross trailer area not exceeding 400 square feet in the set-up mode. They are certified by their manufacturers as complying with the ANSI A119.5 standard for recreational trailers.

W."Plans" means those design documents and related specifications required for the manufacture of any given modular structure or modular component as required by code.

X."Residential use" shall have the same meaning as that given it in the currently adopted New Mexico residential building code.

Y."Recreational Vehicle Industry Association" (RVIA) means the national trade association representing recreation vehicle (RV) manufacturers.

Z."Storage shed" means any accessory structure that is not classified for human habitation or occupancy and is intended to be used for storage. Sheds can be either free-standing or attached to another structure.

AA."Temporary Worker Housing" (TWH) means any out-of-state manufactured or constructed modular housing unit that contains one or more sleeping units or areas used, intended, engineered or designed for temporary employer-provided workers and is not intended to be permanently installed in the State of New Mexico and that may be set-up, used, rented, leased, let or hired out for the sole purpose of providing temporary employee housing approved on a case by case basis. TWH does not include manufactured homes constructed under the Federal Construction and Safety Standards.

BB."Tiny House" means a dwelling that is 400 square feet (37 m2) or less in floor area excluding lofts, that must meet minimum building code requirements and comply with all requirements herein and regulation 14.7.3.28 NMAC, appendix Q Tiny Houses; does not include recreational vehicles.

N.M. Admin. Code § 14.6.7.7

14.6.7.7 NMAC - N, 07-01-09, Adopted by New Mexico Register, Volume XXIX, Issue 10, May 29, 2018, eff. 7/1/2018