New Mexico: HVAC contractor licensing, reciprocity and contract rules.

This page lists what New Mexico publishes about licensing an HVAC or mechanical contractor and contracting with homeowners: who issues the licence, whether one is required statewide, the classes and qualifications, insurance or bond minimums, reciprocity with other states, renewal and continuing education, and the state's home-improvement contract statute if it has one.

It is built for owners of residential HVAC companies, especially those hiring across a state line or opening a second territory. Every entry is a snapshot of what the cited source published on the verification date; it is a research starting point, not legal advice.

New Mexico, field by field.

Contractor licensing authority

Construction Industries Division (CID) of the New Mexico Regulation and Licensing Department — "'division' means the construction industries division of the regulation and licensing department" (NMSA 1978, § 60-13-2 A) — under the Construction Industries Licensing Act (NMSA 1978, Chapter 60, Article 13) and Title 14 NMAC; the mechanical bureau is one of the Division's four trade bureaus (§ 60-13-2 B), and mechanical contractor classifications are in 14.6.6.11 NMAC.

HVAC licence required

Statewide, with no dollar threshold for mechanical work. "No person shall act as a contractor without a license issued by the division classified to cover the type of work to be undertaken." (NMSA 1978, § 60-13-12 A), and "work coming under the jurisdiction of the mechanical bureau or the electrical bureau of the division must be performed by a contractor licensed to perform that work" (§ 60-13-12 B); "contracting" includes constructing, altering, repairing, installing or demolishing any "air conditioning, conduit, heating or other similar mechanical works" (§ 60-13-3 A(14)). HVAC work is licensed under mechanical classification MM-3 (HVAC) or MM-98 (Mechanical) (14.6.6.11 NMAC B(3), B(5)); the Division's FAQ states a homeowner may not install their own ductwork — "you need to have a New Mexico licensed contractor pull a permit, install the ductwork". Exclusions from "contractor" in § 60-13-3 D: an individual who builds or makes installations, alterations or repairs to a single-family dwelling they own and occupy or will occupy, or who builds or improves a single-family residence for personal use, subject to the Act's codes and permits (D(10)–(11)); an individual who works only for wages (D(13)); an individual working on one undertaking at a time whose work "does not exceed seven thousand two hundred dollars ($7,200) compensation a year, the work being casual, minor or inconsequential, such as handyman repairs", which "shall not apply to any undertaking or project pertaining to the installation, connection or repair of electrical wiring, plumbing or gas fitting" and requires an annual declaration filed with the Division (D(14); 14.6.2.8 NMAC handyman certificate); approved weatherization projects not exceeding $2,000 (D(17)); and short-term depreciable repairs to commercial property for items not covered by adopted building codes where the total paid for a single undertaking does not exceed $5,000 (D(18)).

Licence classes & qualifications

MM-3 "Heating, ventilation & air conditioning (HVAC)": "Install, alter, repair, service and maintain HVAC air handling and refrigeration equipment and piping, including fans, coils, condensing units, self-contained packaged air conditioning or heating units, evaporative cooling units, and ductwork and accessories including solar air heating and cooled mechanical air handling and ventilation applications"; may connect water to existing valved outlets and install controls and control wiring not exceeding 24 volts; "Requires four years experience." (14.6.6.11 NMAC B(3)). MM-98 "Mechanical": "Indicates licensure in individual classifications MM-1 through MM-4 and covers all work described in these classifications, as well as work described in the MS-3, MS-6, MS-12 and MS-14"; four years' experience (14.6.6.11 NMAC B(5)). The qualifying party must document experience of "four years within the 10 years immediately prior to application" (14.6.3.8(G)(2)(a) NMAC; Division Apply page: "The experience must be within the 10 years immediately preceding application."), with each year of equivalent accredited training applied as one-half year of experience and training capped at one-half of the requirement (14.6.3.8(G)(1)), pass the trade examination — "A passing exam score is seventy-five percent or higher." (14.6.3.8(G)(2)(c)) — unless the bureau chief waives it for a NASCLA-accredited examination (14.6.3.8(G)(2)(f)), and pass the Contractor's Business and Law examination or complete an approved Business and Law course (Division Apply page); PSI administers all examinations and licensing paperwork, and a passing score is valid for one year. Journeyman certificates JR (refrigeration; EPA refrigerant-recovery compliance shown first) and JSM (sheet metal) work under an MM-3 or MM-98 licence (14.6.6.11 NMAC D(5), D(7)).

Insurance / bond minimum

Licence bond: "a bond in the amount of ten thousand dollars ($10,000)" at initial licensure and as a condition of each renewal — "Maintaining the bond for the entire period of licensure is a condition of licensure." (14.6.3.8(C)(1)–(2) NMAC); the Division's Apply page: "The company must secure a license bond." Workers' compensation: "Workers Compensation coverage is required for all licensed entities." (Division Apply page). General-liability minimum: none stated in the Act, 14.6.3 NMAC or the Division pages read.

Reciprocity

None published for the MM contractor licence. The Division states "The only journeyman classification reciprocated in New Mexico is EE-98J." (electrical; accepted from Alaska, Arkansas, Colorado, Idaho, Montana, Nebraska, Oklahoma, South Dakota, Texas and Wyoming, with $75 paid to PSI). 14.6.3.8(H) NMAC provides expedited qualifying-party certification for military service members, spouses, dependents and veterans licensed in a jurisdiction whose requirements "are substantially equivalent to the certification requirements for New Mexico", issued within 30 days and valid for three years, with no fee for the first three years.

Renewal & continuing education

Licence term: "Contractor's licenses shall expire two years after the issuance date or as determined by the division, but in no instance less than one year, and shall be renewable upon application to the division and payment of the prescribed renewal fee", with the Division allowed a staggered expiration system and prorated fees (NMSA 1978, § 60-13-18 B, as amended by Laws 2007, ch. 56 and Laws 2021, ch. 92); 14.5.5.8(B) NMAC sets the MM-98 (and other -98) fee at "$100.00 per year, or $200.00 for two years, for each such classification" and 14.5.5.8(C) sets other classifications at $50.00 per year or $100.00 for two years, after a $30.00 application fee (14.5.5.8(A)); the Division's FAQ states "LP licenses must be renewed annually, unlike mechanical licenses". Renewal mechanics: the director mails a renewal notice at least thirty days before expiration (§ 60-13-18 E; 14.6.3.8(I)(1) NMAC); failure to apply and pay by the last working day before expiration "shall cause the license to be suspended by operation of law" (§ 60-13-18 F); "Unless the license is renewed within a three-month period, it shall be canceled.", with a late fee of $1.00 per day for up to thirty days and thereafter twice the renewal fee (§ 60-13-18 G; 14.6.3.8(I)(4) NMAC). Continuing education: § 60-13-18 D provides that licensees and journeyman certificate holders "may be required to complete and submit proof of continuing education as a prerequisite for renewal of a license" — when required by Division rule, eight hours of code-change instruction and eight hours of other approved instruction completed within the three years before renewal; the Division's Continuing Education page states that "The General Building Bureau does not have continuing education requirements for contractors." and lists CE only for journeyman certificates — mechanical and plumbing journeyman certificates (JP, JPF, JG, JPG, JSM, JS, JR, MS-12J/MS-14J) need 16 hours in every 3-year period (8 hours code change, 8 hours other approved coursework) under 14.6.4 NMAC; 14.6.3.8 NMAC contains no CE requirement for the MM contractor licence.

Home-improvement contract rule

None located. The Construction Industries Licensing Act (NMSA 1978, Chapter 60, Article 13) as read contains no home-improvement contract, deposit or cancellation provision. The only construction-contract statute found on the Legislature's site is 2011 House Bill 64 (signed by the Governor as Laws 2011, Chapter 28, on April 2, 2011; a new section of Chapter 57 NMSA 1978 applying to contracts entered into on or after July 1, 2011): "A provision of a construction contract" for an improvement to real property in New Mexico "is void, unenforceable and against the public policy of the state if the provision: (1) makes the construction contract subject to the laws of another state; or (2) requires any litigation arising from the construction contract to be conducted in another state.", and any mediation, arbitration or other dispute resolution for work performed in the state "shall be conducted in this state." It contains no written-contract, deposit or cancellation rules.