Title 34 — Title 34

Compensation. Each member of the board shall receive one hundred dollars ($100) per day for attending sessions of the board or its committees and, in addition, shall be reimbursed for such necessary travel expenses as are paid to state employees, to be paid from fees collected. H…

Regular Meetings. The board shall meet in a regular session to perform its lawful duties at least once each three-month period. History: (Acts 1982, No. 82-547, p. 900, §3.6.)

Duct Air Tightness. (a)(1) No person may advertise, solicit, bid, obtain permits, do business as, or perform the function of a certified contractor unless the person in responsible charge, is a certified contractor. (2) Every contractor licensed under this chapter shall display t…

(a)(1) For the purpose of defraying the expense in carrying out this chapter, the board may fix fees to be paid for the issuance, reissuance, and replacement of certificates and for any other service provided by the board, but in no event shall the charges fixed by the board exce…

(a) All certificates provided for herein shall be renewed annually, not later than December 31 of each year. All holders of certificates may be renewed annually, provided that the certified contractor has complied with all provisions of law and rules and regulations of the board …

All applicants for examinations and certificates and all applicants for renewal certificates shall be citizens of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal gove…

Etc., by Localities Prohibited; Exemptions. (a) All prospective certified contractors in this state seeking to qualify in accordance with this chapter shall be required to stand for a written examination before the board. Any applicant failing to pass his or her first examination…

(a) The board shall provide for examinations which test the knowledge, skill, and proficiency of the applicants. (b) Examinations shall be held at such time and place as may be fixed by the board at least once each three-month period. Written notice of the place of examinations s…

The board may require a performance bond not to exceed twenty-five thousand dollars ($25,000) per year for all active certified contractors. There shall be no discrimination between contractors similarly situated, and each classification of regulated contractors for bonding purpo…

The board may publish annually a list of names, addresses of all individuals, and the name of their employer, if applicable, who are certified by the board, and shall mail a copy of the list to all qualified individuals so certified upon request to do so. The board may require a …

(a) Except as provided in Section 13A-9-111.1, any individual engaged in business as a certified contractor or performing the functions of a certified contractor in violation of this chapter shall be guilty of a Class A misdemeanor. (b) The board may impose late penalties on cert…

The procedures shall be same as those defined in the Alabama Administrative Procedure Act, Chapter 22 of Title 41. The board may establish additional procedures as needed provided that the procedure is published and made public and are not in conflict with the state law. History:…

Any appeals to the chapter shall be as defined by the Alabama Administrative Procedure Act. Any judicial review pursuant to the Alabama Administrative Procedure Act must be filed, commenced, and maintained in the Circuit Court of Montgomery County, Alabama. History: (Acts 1982, N…

The State Board of Heating, Air Conditioning, and Refrigeration Contractors shall be subject to the Alabama Sunset Law, Title 41, Chapter 20, as an enumerated agency as provided in Section 41-20-3, and shall have a termination date of October 1, 2004, and every four years thereaf…

This chapter may be cited as the “Professional Soil Classifiers Registration Act.” History: (Acts 1981, No. 81-766, p. 1308, §1.)

A certificate as a registered professional soil classifier expires at 12:00 P.M. on September 30 of each even-numbered year. A certificate may be renewed by applying to the board in writing prior to the expiration date and by paying the renewal fee prescribed by this chapter. His…

Certificates as a registered professional soil classifier which are not renewed within five years after expiration may not be renewed, restored, reinstated, or reissued thereafter. The holder of such certificate may apply for and obtain a new certificate if: (1) No fact, circumst…

The amount of the fees prescribed by this chapter shall be fixed by the board in accordance with the following schedule: (1) The fee for filing each application for certification as a registered professional soil classifier shall be set by the board; (2) Renewal fees for certific…

The board may receive and investigate complaints against registered professional soil classifiers and persons granted temporary authorizations pursuant to this chapter and make findings thereon. History: (Acts 1981, No. 81-766, p. 1308, §13.)

The board shall have the duty and authority to investigate violations of this chapter. History: (Acts 1981, No. 81-766, p. 1308, §14.)

It shall be the duty of the respective officers charged with the enforcement of laws and ordinances to prosecute all persons charged with the violation of any of the provisions of this chapter. It shall be the duty of the secretary of the board, under the direction of the board, …

Upon one year after enactment, it shall be unlawful for anyone other than a professional soil classifier registered under this chapter to sign or endorse as a registered professional soil classifier any plans, specifications, plats, reports, or other documents, or to use in any m…

Etc. It is unlawful for anyone to sign or endorse plans, specifications, plats, reports, or other documents after the registration of the individual named thereof has expired or has been suspended or revoked, unless the registration has been renewed or reissued. History: (Acts 19…

Any person who violates any provision of this chapter shall be guilty of a misdemeanor and for each offense for which he or she is convicted shall be punished by a fine of not more than $500 or by imprisonment in the county jail for not more than three months or by both. History:…

Treasury; Limitation on Appropriation Funds. The secretary of the board shall receive and account for all moneys derived under the provisions of this chapter. Such moneys shall be kept in a separate fund in the State Treasury to be known as the Soil Classifier’s Fund. Such fund s…

As used in this chapter, unless a different meaning clearly appears from the context, the following words shall have the following meanings: (1) BOARD. Alabama Soil and Water Conservation Committee for the Registration of Professional Soil Classifiers. (2) REGISTERED PROFESSIONAL…

This chapter shall not be construed to affect or prevent the practice of any other legally recognized profession. In particular, this chapter shall not be construed to affect or prevent individuals who are duly licensed by the State of Alabama Board of Registration of Professiona…

This chapter does not prohibit one or more professional soil classifiers from practicing through the medium of a sole proprietorship, partnership, or corporation. In such partnership or corporation whose primary activity consists of classification services, at least one partner o…

Any person, except those specifically exempted by this chapter, who shall practice or offer to practice soil classification for the public in this state is subject to this chapter. History: (Acts 1981, No. 81-766, p. 1308, §5.)

The following persons shall be exempt from the provisions of this chapter: (1) Any person not a resident of and having no established place of business in this state, practicing or offering to practice herein the profession of soil classifier when such practice does not exceed a …

Appointment of Advisory Council; Duties, Organization, Etc. (a) The Alabama Soil and Water Conservation Committee shall serve as and be the State Board of Registration for Professional Soil Classifiers, and it shall be the duty of such board to administer the provisions of this c…

The board shall have the following powers: (1) To adopt and amend all bylaws, rules, and regulations necessary or convenient to administer and carry out the provisions of this chapter and for the conduct of its affairs and functions consistent with the Constitution and laws of th…

Without Examination; Certificate of Registration; Denial of Registration. (a) An application of registration as a professional soil classifier shall be made to the board on a form prescribed by it and shall be accompanied by the application fee fixed by this chapter. (b) An appli…

For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed in this section: (1) CERTIFICATE HOLDER. An individual who is listed on the State Fire Marshal’s permit as the responsible managing owner, partner, officer or employee who …

Contract Awarded; Copies of Chapter Furnished to Invited Bidders. (a) This chapter also applies to any fire protection sprinkler contractor I or II performing work for any municipality, county, or the state. Officials of any municipality, county, or the state are required to dete…

Donations Allowed. All funds collected pursuant to this chapter shall be deposited in the State Treasury to the credit of the State Fire Marshal’s Fund authorized by Section 36-19-31. The State Fire Marshal shall be authorized to expend monies from the State Fire Marshal’s Fund f…

Whenever the State Fire Marshal shall have reason to believe that any individual, partnership, corporation, association, or joint venture is or has been violating any provisions of this chapter, he or she or his or her deputy or assistant may issue and deliver to such individual,…

Nothing in Act 2017-240 is intended to authorize the State Fire Marshal to require the installation of any fire protection sprinkler system in any single family dwelling. History: (Act 2017-240, §2.)

(a) The State Fire Marshal shall collect and publish data on all residential structural fires in Alabama in a report that includes all of the following information: (1) The type of structure. (2) The age of the structure. (3) The code enforced when the structure was constructed. …

The administration of this chapter is vested in the State Fire Marshal who shall have the power to make rules in relation to weekly fire pump testing and to set or make changes in the amount of the fees charged as necessary for the administration and enforcement of this chapter. …

Conformity with Chapter Required. It shall be unlawful for any individual, partnership, corporation, association, or joint venture to engage in the business of installation, repair, alteration, addition, maintenance, or inspection of a fire protection sprinkler system in this sta…

Application for State Fire Marshal’s Permit; Contents; Status of Applicant; Application Fee; Competency Test; Reciprocity. (a) Any individual, partnership, corporation, association, or joint venture desiring to engage in the business of fire protection sprinkler contractor I shal…

(a) If the required fee has been paid, satisfactory written proof from NICET has been provided that the competency test was passed when required by this chapter, all of the requirements set forth in this chapter for obtaining the requested permit have been met, and the proposed c…

In no case shall a certificate holder be allowed to obtain a State Fire Marshal’s permit for more than one fire protection sprinkler contractor at a time. If the certificate holder should leave the employment of the fire protection sprinkler contractor, he or she must notify the …

The State Fire Marshal’s permit shall expire annually at midnight on September 30. At least 30 days prior, the fire protection sprinkler contractor I or II must submit a renewal application. A renewal fee must be submitted with the application. Failure to renew the permit prior t…

License Fees. If a certified fire protection sprinkler contractor desires to do business in any part of the state, he or she shall be required by this chapter to deliver to the local building official a copy of his or her State Fire Marshal’s permit. The local building official s…

Regulate Work of Contractors. Nothing in this chapter limits the power of a municipality, county, or the state to regulate the quality and character of work performed by a fire protection sprinkler contractor I or II, through a system of permits, fees, and inspections, which are …

For purposes of this chapter, the following words have the following meanings: (1) CERTIFICATE HOLDER. An individual who is listed on the State Fire Marshal’s permit as the responsible managing owner, partner, officer, or employee who is actively in charge of the work of the cert…

Nothing in this chapter limits the power of a municipality, county, or the state to regulate the quality and character of work performed by contractors, through a system of permits, fees, and inspections which are designed to assure compliance with, and aid in the implementation …

(a) This chapter applies to any fire alarm contractor performing work for any municipality, county, or the state. Officials of any municipality, county, or the state shall determine compliance with this chapter before awarding any contract for the installation, repair, alteration…