Title 34 — Title 34

(a) In the interest of the public health, safety, welfare, and consumer protection, and to regulate the home building and private residence construction industry, the purpose of this chapter and the intent of the Legislature in passing it is: (1) To provide for the licensure of p…

The board shall annually submit to the Governor a report of its transactions for the preceding year. The board shall file with the Secretary of State a copy of the report submitted to the Governor. History: (Acts 1992, No. 92-608, p. 1282, §10.)

(a) The board is authorized to promulgate rules and regulations necessary to effectuate the provisions of this chapter and accomplish its work. The rule-making powers of the board are subject to the Alabama Administrative Procedure Act as codified in Chapter 22 of Title 41. (b) F…

(a) The board shall have the sole authority to adopt the following codes: (1) The Alabama Residential Building Code, which shall apply to all construction and improvements governed by this chapter. (2) The Alabama Residential Energy Code, which shall apply to all residential cons…

Beginning January 1, 2027, a residential home builder within this state who constructs, renovates, or repairs a residence or structure shall do so in accordance with the applicable residential building code adopted pursuant to Section 34-14A-12 or, if applicable, the local jurisd…

(a) Beginning on October 1, 2024, the Home Builders Licensure Board and any other state, municipal, or county governing body may not adopt or amend a building code, ordinance, resolution, or rule that would restrict a consumer’s ability to elect to install, by the consumer’s choi…

It is the duty of the building official, or other authority charged with the duty, of issuing building or similar permits, of any incorporated municipality or subdivision of the municipality or county, to refuse to issue a permit for any undertaking which would require a license …

(a) Except as provided in Section 13A-9-111.1, any person who undertakes or attempts to undertake the business of residential home building without holding a current and valid residential home builders license, issued by the Home Builders Licensure Board, as required by this chap…

(a) The board may establish a Homeowners’ Recovery Fund for the purpose of consumer protection, consumer education, and consumer awareness. An aggrieved homeowner may recover actual economic damages, not including interest and court costs, sustained within the state as the direct…

Repealed by Act 2006-105, p. 136, §3, effective May 1, 2006. History: (Acts 1992, No. 92-608, p. 1282, §16; Act 2002-72, p. 163, §1.)

The Home Builders Licensure Board shall be an enumerated board pursuant to Sections 41-20-1 through 41-20-16, and shall be reviewed at the same time as the State Board of Medical Examiners. History: (Acts 1992, No. 92-608, p. 1282, §17.)

(a) The board may acquire and hold, in its own name, real property by purchase, gift, lease, lease with the option to purchase, or other lawful means, except eminent domain, which real property is used by the board to carry out its responsibilities. The board may also transfer, s…

2026-320) [Effective until October 1, 2026.] THIS SECTION WAS AMENDED BY ACT 2026-320, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE. Prior to the commencement of residential home building by a residential home builder, the residential home builder shall disclose in wri…

As used in this chapter, the following terms have the following meanings, respectively, unless the context clearly indicates otherwise: (1) ADVERTISING. Engaging or offering to engage in any acts or services as a residential home builder by the act or practice of offering for sal…

Trade Advisory Council; Applications for Funding; Program Guidelines; Distribution of Funds.. (a)(1) The Alabama Construction Trade Academy Fund is established in the State Treasury. The fund may receive federal, state, and private funding and grants for the expansion of construc…

(a) There is established the Home Builders Licensure Board to regulate the residential home building and residential construction industry and to promote and expend funds for the education and support of associated construction trades. (b) The board shall have nine members who sh…

THIS SECTION WAS AMENDED BY ACT 2021-272 IN THE 2021 REGULAR SESSION, EFFECTIVE JULY 1, 2021. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. (a) Members of the board shall select from its own membership a chair, who shall preside at all meetings of the board unless …

(a)(1) The Alabama Residential Building Code Division is established within the Home Builders Licensure Board. The executive director of the board may employ staff as necessary to carry out the duties of the division. (2) The board may coordinate with the state energy office to i…

The executive director of the board may employ staff necessary to carry out the duties of the division, including a division administrator, programs support personnel, administrative support personnel, and any other personnel necessary to carry out the statutory purpose of the di…

(a) The division shall use funds distributed to the Alabama Residential Building Code Fund for the purpose of administering the Alabama Residential Building Code. (b) Subject to availability of funds and upon request from a local jurisdiction, the division shall provide matching …

(a) The Alabama Residential Building Code Fund is established within the State Treasury. The fund shall be administered by the board for the administration and operation of the division. (b) Receipts deposited into the fund shall be disbursed only by warrants of the state Comptro…

(a) (1) All residential home builders shall be required to be licensed by the Home Builders Licensure Board annually. The board may issue more than one type of license. (2) The board may issue licenses that vary in scope of work authorized, including, but not limited to, licenses…

This chapter does not apply to: (1) Any employee of a licensee who does not hold himself or herself out for hire or engage in residential home building, except as such employee of a licensee. (2) An authorized employee of the United States, the State of Alabama, or any municipali…

License. (a) Any residential home builder who desires to receive a new or renewal license under this chapter shall make and file with the board 30 days prior to the next meeting of the board a written application on a form prescribed by the board. Each applicant shall be a citize…

Reissuance; Fines. (a) The board may levy and collect administrative fines not to exceed five thousand dollars ($5,000) for each violation or revoke or suspend the license of any licensee who, in the opinion of the board, has committed fraud or deceit in obtaining a license requi…

Discovery. (a) All administrative complaints, orders to show cause, notices of hearings, and statements of charges, and all amendments thereto, and all orders of the board which are dispositive of the issues raised thereby, shall be public record. (b) All records, reports, docume…

(a) The Alabama Residential Building Code Advisory Council is established. (b) The council shall consist of the following members: (1) The State Fire Marshal, or his or her designee. (2) The Director of the Emergency Management Agency, or his or her designee. (3) The Executive Di…

(a) The first meeting of the council shall be called by the executive director of the board no later than March 1, 2025. The executive director shall preside until a chair and a vice chair are selected by the council. The council shall elect from its own members a chair, a vice c…

Building Code. (a) By October 1, 2025, the council shall submit to the Home Builders Licensure Board for adoption the proposed Alabama Residential Building Code. The board may adopt or reject the code as proposed by the council. (b) The proposed Alabama Residential Building Code,…

At the direction of the board, the council may perform any of the following: (1) Propose to the board for consideration of adoption of an Alabama Residential Building Code and Alabama Residential Energy Code or amendments to the codes. (2) Evaluate, assess, advise, and counsel th…

A complete roster of licensees shall be prepared and published annually by the board. History: (Acts 1992, No. 92-608, p. 1282, §9.)