A. A certified elevator mechanic shall perform all work required for inspections and the associated tests of a conveyance. A certified elevator inspector shall be physically present to witness the tests and verify the test results.

Terms Used In New Mexico Statutes 61-38-11

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.

B. New conveyance installations shall be performed by a contractor properly licensed pursuant to the Elevator Safety Act. Prior to a conveyance being used, a property owner or lessee shall obtain an inspection and a report certifying that the conveyance has been installed in compliance with all applicable codes and standards. An inspector who is certified by the division pursuant to the Elevator Safety Act shall conduct the inspection and write the report. A property owner or lessee, prior to any new conveyance being used, shall obtain a certificate of operation from the division.

C. A certificate of operation shall be renewed annually. The owner or lessee of a new or existing conveyance located in a building or structure shall have the conveyance inspected annually by an inspector certified by the division pursuant to the Elevator Safety Act. Subsequent to inspection, the inspector shall supply a property owner or lessee and the division with a written inspection report detailing all code violations, if any. It shall be the responsibility of the division to enforce code compliance. Property owners or lessees shall have sixty days from the date of the published inspection report to remedy any violations set forth in the inspection report. The division shall not renew a certificate of operation without a receipt of a report from a certified inspector indicating that no code violations exist or that all code violations have been remedied.

D. The owner or lessee of a conveyance shall:

(1)     ensure that the required tests are performed at intervals in compliance with standards and codes;

(2)     have all tests performed by a properly certified mechanic; and

(3)     have a properly certified inspector present to physically witness all testing. E. If an inspector finds that a conveyance is in a dangerous condition, there is an immediate hazard to those riding or using the conveyance or the design or the method of operation in combination with the devices used is inherently dangerous, the division shall notify the owner or lessee of the condition, order alterations or additions that are necessary to eliminate the dangerous condition and direct that the conveyance may not be used until the dangerous condition has been remedied.

F. Any order for alterations or additions or direction that the conveyance not be used until the dangerous condition is remedied shall be considered a final decision of the division subject to appeal pursuant to Section 39-3-1.1 N.M. Stat. Ann..

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