Alabama Administrative Code

(1) All Certified Producers and Certified Farmers Markets are required to adhere to the rules and regulations of the Authority. The Authority may discipline the following for violating the Authority's rules and regulations:(a) The Certified Farmers Market; or (b) The Certified Pr…

(1) Any person may appeal to the Authority for a hearing to challenge any of the following actions: (a) Denial of any certificate. (b) Revocation of any certificate. (c) Suspension of participation privileges. (d) Fines levied against a certificate holder. (e) In all cases, the a…

(1) DIRECTOR'S OFFICE. The Department of Finance provides administrative services to other state agencies. The department was created to manage and control all matters pertaining to fiscal affairs, except those specifically assigned to other agencies. It also has duties relating …

The following procedures and fees are applicable to construction authorized on the issuance of any nonresidential construction building permit issued by any county, city, town or other political subdivision of this state. Nonresidential construction shall include the construction…

Subsequent to October 1, 2016, a construction industry craft training fee shall be collected in the amount of one dollar ($1) per each one thousand dollars ($1000) of construction authorized on the issuance of any nonresidential construction building permit issued by any county, …

Specifically excluded are any licensed home builder, as defined in Chapter 14A of Title 34, Code of Ala. 1975; any subcontractor working on a residential construction site including renovations to any residential structure; or any person or entity specifically exempt under Chapte…

(1) The construction industry craft training fee shall be based on the total sum of the construction cost of all non-residential building permits issued by the entity on or after the first day of the month and up to the last day of the month. The construction cost shall be the am…

The Alabama Building Commission was created by Act No. 128 of the 1945 regular session of the Alabama Legislature. Act No. 290, also of the 1945 regular session, authorized and directed the Alabama Building Commission to promulgate and enforce a code of minimum building standards…

The membership of the Alabama Building Commission consists of the Governor as chairman, the State Health Officer, the Director of Finance, the State Superintendent of Education, four (4) members from the Senate to be elected by that body at each regular session of the Legislature…

As used in this administrative code the following words and phrases shall have the following meanings, respectively: (a) Commission: The Alabama Building Commission composed of the Governor, the State Health Officer, the Director of Finance, the State Superintendent of Education,…

(1) The Commission has full power and authority to provide for and supervise the planning, design, construction, renovation, and improvement of state buildings, including entering into contracts as necessary to implement this power and authority and to acquire land for the locati…

(1) The Commission convenes upon the call of the Governor or at such time or times as the Commission may designate by resolution recorded in its minutes. (2) The Commission maintains a full-time Technical Staff, headed by a Director, which is charged to: (a) Evaluate and adopt, t…

(1) The minimum building standard code adopted by the Division of Construction Management is the 2021 International Building Code. The following 2021 International Codes and companion codes are adopted:(a) 2021 - International Building Code, with the following exceptions: Replace…

The DCM adopts by reference, as official "recommendations" rather than as mandated regulations, Chapter 5 of the Architectural and Transportation Barriers Compliance Board (ATBCB) publication; "Recommendations for Accessibility Standards for Children's Environments." Notes Ala. A…

The Technical Staff shall publish in the Manual of Procedures the necessary information to obtain copies of the adopted codes and official recommendations. Notes Ala. Admin. Code r. 355-12-1-.03 Repealed and Replaced: Filed August 29, 1997; effective October 3, 1997. Author: Sted…

(1) Except as stated in paragraphs (2) and (3), the State Building Code applies only to the following construction in Alabama: (a) State Building and Construction: All buildings and other structures erected or acquired by or on behalf of the State of Alabama or any of its agencie…

(a) In case of conflict between the State Building Code, local codes, the Life Safety Code enforced by the State Fire Marshal, or other codes, the most stringent requirements shall prevail. (b) All food preparation facilities, private water systems, and sewage disposal systems sh…

The compliance of plans and specifications with code requirements, is the responsibility of the primary design professional and the awarding authority. Approval of these documents by the Technical Staff does not relieve the primary design professional or the awarding authority of…

To minimize reoccurring problems on public construction and improvement projects, from time to time the DCM will adopt and publish specific design and construction requirements or recommendations to supplement the State Building Code. The following requirements and recommendation…

The plans and specifications for all projects to which the State Building Code applies shall be submitted to the Technical Staff for review and approval. Refer to rule 355-13-2-.04, Applicability of Adopted Codes. Notes Ala. Admin. Code r. 355-13-1-.01 Repealed and Replaced: File…

(1) The Technical Staff will review the submitted plans and specifications for compliance with the State Building Code. The results of the review will be provided as written review comments to the submitting design professional and project owner. The design professional or owner …

Submissions of plans and specifications to the Technical Staff shall be made, and final approval obtained, prior to the receipt of bids to insure that the Technical Staff's comments are incorporated into the bid documents. Notes Ala. Admin. Code r. 355-13-1-.03 Repealed and Repla…

(1) Plans and specifications submitted to the Technical Staff for approval shall be prepared by a full professional team composed of architects and engineers, registered in Alabama, each preparing that phase of the design within his or her field of specialization. Subject to the …

The plans, specifications, addenda, change orders, and related materials submitted to the Technical Staff for approval shall contain sufficient information to fully describe the work of the project and to fully demonstrate compliance with the State Building Code. Standards for co…

Plans, specifications, and related materials shall be submitted to the Technical Staff in accordance with procedures prescribed in the Manual of Procedures and, unless otherwise provided, shall be made in three stages: Schematic Plan Submittal, Preliminary Plan Submittal, and Fin…

(1) Schematic and preliminary plans and specifications will be retained by the Technical Staff until receipt or review of the subsequent stage of submittal at which time these documents may be destroyed. (2) Final or revised final plans and specifications will be retained by the …

The rules of this chapter apply only to public construction and improvement projects assigned to the Alabama Building Commission by state law for its supervision and administration. Project supervision and administration will be carried out by the Technical Staff who will prepare…

(1) The awarding authority of a public construction or improvement project shall employ the services of registered architects and engineers in accordance with Title 34, Chapter 2 - Architects and Chapter 11 - Engineers and Land Surveyors, Code of Ala. 1975. (2) Full Professional …

(1) The Director is authorized to develop, adopt, and publish in a Manual of Procedures uniform documents and standard forms as the Director deems appropriate for contracting for professional services to design and administer public construction and improvement projects. The term…

The agreement shall stipulate an agreed amount that is budgeted for the cost of the planned construction or improvement work. This amount shall not only establish the project budget, but shall also be the basis for establishing the basic fee to be paid the primary design professi…

(1) The "Basic Fee" to be paid for design professional services is defined as that fee which will be paid to the design professional for providing the basic services as defined in the uniform form of agreement for design professional services published by the Director. If the des…

An increase of up to 25% in the basic fee rate will be allowed for major renovation projects. This adjustment is intended to provide compensation to the design professional for the added effort required to investigate and develop drawings of existing conditions and other addition…

(1) The Basic Fee percentage rate determined by the project budget shall be applied to the cost of the work. It is not necessary to change the Basic Fee percentage rate because the amount of the subsequent construction contract as awarded or adjusted for minor change orders falls…

If the lowest responsible bid received by the awarding authority is greater than the project budget, the design professional will, upon instructions from the awarding authority, make revisions to the plans and specifications as may be necessary to re-bid the project within projec…

The agreement shall stipulate that under any subsequent owner-architect agreement, the basic fee for any substantial duplication of buildings covered by the original agreement will be paid in accordance with rule 355-14-1-.07 -(4). However, the fee schedule in effect at the date …

(1) The "Schedule of Basic Fee Rates" is graduated by project cost and categorized by building groups defined in 170-X-4.10-(2). COST OF THE WORK FEE IN PERCENTAGE BUILDING GROUP I II III IV V Up to $100,000 8.0 9.0 10.0 11.0 12.0 100,001 to 200,000 7.0 8.0 9.0 10.0 11.0 200,001 …

The rules of this chapter apply only to public construction and improvement projects assigned to the Alabama Building Commission by state law for its supervision and administration. Project supervision and administration will be carried out by the Technical Staff who will prepare…

When the cost of the work exceeds the amount requiring licensing pursuant to Title 34, Chapter 8, Code of Ala. 1975, each bidder must show evidence of this license before bidding or the bid shall not be received or considered. The bidders shall show evidence of license by clearly…

(1) Deductive alternate bids may be used in order to reduce the base bid to an amount within the funds available for the project. Additive alternate bids may be used in order to obtain prices for the addition of items not included in the base bid. The alternate bids shall be list…

Where all, or part(s), of the planned work is bid on a unit price basis, both the unit prices and the extensions of the unit prices constitute a basis of determining the lowest bidder. In cases of error in the extension of prices of bids, the unit price will govern. A proposal ma…

As a means of predetermining unit costs for changes in certain elements of the work, the project specifications may require that the bidders furnish unit prices for those items. Unit prices for application to changes in the work are not a basis for determining the lowest bidder. …

Proposals may be rejected if they contain any omissions, alterations of forms, additions not called for, conditional bids, alternate bids not called for, incomplete bids, erasures, or irregularities of any kind. However, the awarding authority may reject any and all proposals or …

In addition to causes for disqualification or rejection of bidders as provided in Title 39, Code of Ala. 1975, the awarding authority may reject a proposal from a bidder who has not paid, or satisfactorily settled, all bills due for labor and material on other contracts in force …

After bids have been received, the design professional shall check and tabulate all bids, certifying that the bids were received sealed, publicly opened and read aloud at the time and place advertised, and that it is a true and correct tabulation of all bids received for the proj…

The contract will be awarded to the lowest responsible bidder complying with all established requirements of the bid documents unless the awarding authority finds that the bid is unreasonable or that it is not to the interest of the awarding authority to accept it. The bidder to …

A notice to proceed with the work of the contract shall be issued to the contractor by the Director within 15 days after final execution of the contract by the awarding authority unless both parties to the contract agree to a stipulated extension in time for the issuance of a not…

(1) The Director is authorized to develop, adopt, and publish in a Manual of Procedures all uniform documents and standard forms as the Director deems appropriate for the contracting for, and administration of, public construction and improvement projects. The terms and condition…

The uniform documents and standard forms published in the Manual of Procedures may be used for projects that are not supervised and administered by the Technical Staff; however, provisions for decisions, approvals, or other actions by the Director or Technical Staff shall be dele…

The following procedures and user fees are applicable to new construction, additions, or alteration projects for buildings under the jurisdiction of the Alabama Division of Construction Management as defined by the Code of Ala. 1975, Title 41, Section 41-9-162 and authorized by S…

Construction Cost Basic Plan Review Fee Basic Permit Fee Less than $1000 No fee. No fee, unless inspection required, in which case a $15.00 fee for each inspection shall be charged. $1,001 to $50,000 One-half of the permit fee which is $15.00 for the first $1,000.00 plus $5.00 fo…