Stairlifts in New Mexico: the 2023 Elevator Safety Act at home

New Mexico is newer than most states to statewide elevator rules, so families planning a stairlift here often hear mixed information. The state passed its Elevator Safety Act in 2023, and the question people bring us is whether that law now reaches the stairs inside their house.

For a single-family home, the Act itself says it does not. The building permit question is separate, and the weather here, from summer monsoon storms to February cold snaps, matters a great deal if the steps you need to climb are outside.

What the Elevator Safety Act covers, and what it leaves out

House Bill 299 of the 2023 session enacted the "Elevator Safety Act"; the Legislature's record shows it "Signed by Governor - Chapter 197 - Apr. 6" (New Mexico Legislature, HB 299). Its definition of a "conveyance" is wide. It includes "a hoisting and lowering mechanism equipped with a car or platform that moves between two or more landings, including elevators, escalators, moving sidewalks, platform lifts or stairway chair lifts for carrying persons between landings" (HB 299, Section 2(D)).

Section 3 then lists what is "exempted from the provisions of the Elevator Safety Act," and item P reads "conveyances within a single family dwelling." So a chair lift on the stairs of a detached house sits outside the Act. Where the Act does apply, Section 5(A) says no one may "erect, construct, install, service, test, repair, alter, maintain, remove or dismantle any conveyance contained within a building or structure unless the person is a contractor licensed by the division to perform such work."

The division in charge is the Construction Industries Division of the Regulation and Licensing Department. Its Elevator Bureau says that "By January 1, 2026, all commercial conveyances in New Mexico must be registered with the Construction Industries Division," and that "Permitting and inspections will begin in early 2026." The bureau's rules are the Elevator Safety Code, NMAC 14.15.1 to 14.15.8.

Two caveats. The Act's exemption speaks of a "single family dwelling," so a lift in a duplex, a group home, a church or a business may be treated differently; ask the Elevator Bureau before you choose a model for one. And the Act does not answer whether your city, county or the Construction Industries Division wants a building or electrical permit for the work in a house. The division's residential permit guide says a permit is needed before a building is "altered" or "improved," apart from a listed set of exceptions (CID permit guide, 2024). Ask the office that issues permits where you live.

Outside steps under a high-desert sky

NOAA's New Mexico climate summary describes a state of "mountain ranges, forests, grasslands, and deserts." Average temperatures in the northern mountains run from the low 20s in January to around 60 in July, while the southern lowlands go from the middle 40s to the low 80s. Days of 100°F or more have increased, "most significantly in the eastern plains." The North American Monsoon "can start in late June and extend into September," and in some regions it brings half the year's precipitation.

Cold is not only a mountain matter. During the February 2021 cold wave, the eastern plains stayed below freezing for 7 days straight, and Lake Maloya reached -17°F. If your stairs are on a porch, a deck or a hillside walk, buy a lift rated for outdoor use and keep it covered between rides.

Choosing a lift for your stairs

• Bruno Elite Curve Outdoor CRE-2110E: for outdoor steps that turn or pause at a landing. Bruno handcrafts the rail to your staircase and designs the lift for 0°F to 125°F with marine-grade components; it carries 400 lb. A park position option moves the rail end away from the stairs.
• Bruno Elan SRE-5000: Bruno's entry-level straight indoor lift, rated for 300 lb, with a narrow vertical rail that leaves open space on the steps. Wireless remotes and obstruction sensors are standard.
• Harmar Pinnacle SL600HD: a heavy-duty straight lift for riders up to 600 lb, with an extra-wide seat 18 3/4 in across that swivels 85° at the top. Keep it indoors; Harmar says it is not for outdoor use.
• Harmar SL350AC: unusual in that it mounts to the stairs rather than the wall and runs on standard 115V household current. Capacity is 350 lb on track up to 15 ft 9 in. Indoor use only.

We took each figure from the product's own page on our site.

New Mexico's assistive technology program

The New Mexico Technology Assistance Program (NMTAP) is "a program of the State of New Mexico Governor's Commission on Disability," and it "offers free services to New Mexicans with disabilities." The AT3 Center lists four services for it: device loans, device demonstrations, device reutilization and financial loans. A financial loan program can be worth asking about while you plan a larger project such as a stairlift.

Ordering and delivery to New Mexico

We work with a team of credentialed local specialists to guarantee timely, safe, and optimal delivery and installation. The stairlift fit check is the place to start. We ship to the lower 48 states and DC; orders over $500 ship free ($15 under $500), and we cover the sales tax on every order. Most products are processed in 2-5 business days, and some brands differ. Read more on our New Mexico shipping page.

Questions about stairlifts in New Mexico

Does New Mexico's Elevator Safety Act apply to a stairlift in my house?

Not if the house is a single-family dwelling. The Act's definition of "conveyance" includes "stairway chair lifts," but Section 3 exempts "conveyances within a single family dwelling." Lifts in other buildings, such as businesses, churches or multi-unit housing, may be covered. The Construction Industries Division's Elevator Bureau administers the Act and can answer questions about a specific building.

Do I need a building permit to add a stairlift in New Mexico?

We could not confirm a rule that answers this for home stairlifts. The Construction Industries Division's residential guide says a permit is required before a building is altered or improved, with a short list of exceptions that does not mention lifts. Ask the permit office that serves your address, whether that is the division or your city or county.

When did New Mexico start registering elevators?

The Elevator Safety Act became law in 2023 as Chapter 197. The Construction Industries Division says all commercial conveyances had to be registered by January 1, 2026, and that permitting and inspections would begin in early 2026. Those dates concern commercial equipment; homes covered by the single-family exemption are outside the Act.

Which stairlift suits outdoor steps in New Mexico heat?

Choose a model built for outdoor use. Bruno designs its Elite outdoor straight and curved lifts for 0°F to 125°F with marine-grade components. NOAA notes that days of 100°F or more have increased, most of all in the eastern plains, and that monsoon storms arrive from late June into September, so keep the lift covered when it is not in use.

Can I get help paying for assistive technology in New Mexico?

The New Mexico Technology Assistance Program, part of the Governor's Commission on Disability, lists financial loans among its services, along with device loans, demonstrations and reutilization. NMTAP says its services are free to New Mexicans with disabilities. Ask the program directly what a loan could cover for your home.

Compare lifts in the stairlift collection, answer a few questions in the fit check, or work through the full assessment. Questions? Email us at info@faithmobility.com.

Sources

• New Mexico Legislature: HB 299 (2023) status
• HB 299 (2023), Elevator Safety Act, enacted text
• NM Regulation and Licensing Department, CID Elevator Bureau
• CID Building Permit Guide for Residential Construction (2024)
• NOAA NCEI State Climate Summaries: New Mexico (2022)
• New Mexico Technology Assistance Program
• AT3 Center: State AT Programs
• Bruno Elite Curve Outdoor CRE-2110E product page
• Bruno Elan SRE-5000 product page
• Harmar Pinnacle SL600HD product page
• Harmar SL350AC product page
• Bruno Outdoor Elite SRE-2010E product page