Alabama Administrative Code

A licensee whose license has been revoked, suspended or who otherwise has been the subject of a final disciplinary action may appeal the Director's order to the Circuit Court of Montgomery County, or such other proper venue as disclosed in Code of Ala. 1975, § 41-22-20(b). Any su…

Any licensee whose license has been revoked or suspended may apply to the Director for reinstatement of the license at any time. In the application for reinstatement, the applicant shall state why the license should be reinstated and shall specifically set forth any change in cir…

Upon receipt of evidence that a licensed Home Inspector or EIFS Inspector has violated or is about to violate the Act or the rules of the Building Commission, the Director may petition the Circuit Court of the county in which the violation occurred or is about to occur to issue a…

(1) Definition of Terms. As used in Rules 170-X-25-.01 and .02, the following terms shall have the following meanings:(a) Alarm Systems. Warning devices, installed or free-standing, including but not limited to: carbon monoxide detectors, flue gas and other spillage detectors, se…

(1) The home inspector will express an opinion only when it is based on practical experience and honest conviction. (2) The home inspector will always act in good faith toward each client. (3) The home inspector will not disclose any information concerning the results of the insp…

(1) Scope and Purpose.(a) Inspections performed in accordance with these guidelines are intended to provide the building owner or client with a better understanding of the exterior cladding system and component conditions as observed at the time of inspection. (b) EIFS Inspectors…

(1) Quality of Care. EIFS Inspectors shall commit to ongoing professional development and education. (2) Individual Rights. EIFS Inspectors shall strive to recognize and respect the rights, dignity and individuality of all persons. An EIFS Inspector shall not unlawfully discrimin…

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 170-X-2-.04, Applicability of Adopted Codes. Author: Stedmann B. McCollough, Director Notes Ala. Admin. Code r. …

(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. Author: Stedmann B. McCollough, Director Notes Ala. Admin…

(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 170-X-4-.07 -(4). However, the fee schedule in effect at the date o…

(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…

(Repealed). Author: Notes Ala. Admin. Code r. 170-X-6-.01 Repealed: Filed September 29, 1997; effective October 3, 1997. Statutory Authority: Code of Ala. 1975.

(Repealed). Author: Notes Ala. Admin. Code r. 170-X-6-.02 Repealed: Filed September 29, 1997; effective October 3, 1997. Statutory Authority: Code of Ala. 1975, §§ 41-9-141.

(Repealed). Author: Notes Ala. Admin. Code r. 170-X-6-.03 Repealed: Filed September 29, 1997; effective October 3, 1997. Statutory Authority: Code of Ala. 1975, §§ 41-9-141.

(Repealed). Author: Notes Ala. Admin. Code r. 170-X-6-.04 Repealed: Filed September 29, 1997; effective October 3, 1997. Statutory Authority: Code of Ala. 1975.

(Repealed). Author: Notes Ala. Admin. Code r. 170-X-6-.05 Repealed: Filed September 29, 1997; effective October 3, 1997. Statutory Authority: Code of Ala. 1975, §§ 41-9-141.

(Repealed). Author: Notes Ala. Admin. Code r. 170-X-6-.06 Repealed: Filed September 29, 1997; effective October 3, 1997. Statutory Authority: Code of Ala. 1975, §§ 39-2-13, 41-9-141.

(Repealed). Author: Notes Ala. Admin. Code r. 170-X-6-.07 Repealed: Filed September 29, 1997; effective October 3, 1997. Statutory Authority: Code of Ala. 1975, §§ 41-9-141.

(Repealed). Author: Notes Ala. Admin. Code r. 170-X-6-.08 Repealed: Filed September 29, 1997; effective October 3, 1997. Statutory Authority: Code of Ala. 1975, §§ 41-9-141.

(Repealed). Author: Notes Ala. Admin. Code r. 170-X-6-.09 Originally filed with LRS September 23, 1982. Readopted: Filed September 29, 1983. Repealed: Filed September 29, 1997; effective October 3, 1997. Statutory Authority: Code of Ala. 1975, §§ 39-2-12, 39-2-13, 41-9-141.

(Repealed). Author: Notes Ala. Admin. Code r. 170-X-6-.10 Originally filled with LRS September 23, 1982. Readopted: Filed September 29, 1983. Repealed: Filed September 29, 1997; effective October 3, 1997. Statutory Authority: Code of Ala. 1975, §§ 39-2-6, 39-5-1, 41-9-141, 41-16-…

(Repealed). Author: Stedmann B. McCollough, Director Notes Ala. Admin. Code r. 170-X-6-.11 Originally filed with LRS September 23, 1983. Readopted: Filed September 29, 1983. Amended: May 8, 1985. Repealed and Replaced: January 13, 1997; effective February 17, 1997. Repealed: File…

(Repealed). Author: Notes Ala. Admin. Code r. 170-X-6-.12 Originally filled with LRS September 23, 1982. Readopted: Filed September 29, 1983. Repealed: Filed September 29, 1997; effective October 3, 1997. Statutory Authority: Code of Ala. 1975, §§ 16-1-2, 41-9-141.

(Repealed). Author: Notes Ala. Admin. Code r. 170-X-6-.13 Repealed: Filed September 29, 1997; effective October 3, 1997. Statutory Authority: Code of Ala. 1975, §§ 39-1-1.

(Repealed). Author: Notes Ala. Admin. Code r. 170-X-6-.14 Repealed: Filed September 29, 1997; effective October 3, 1997. Statutory Authority: Code of Ala. 1975, § 41-9-141.