Title 8

This article shall be known and may be cited as the “Alabama Explosives Safety Act of 1993.” (Acts 1993, No. 93-713, p. 1391, §1.)

The following words and phrases used in this article shall have the following meanings: (1) ACT. Alabama Explosives Safety Act of 1993. (2) BLAST. The firing or detonating of explosives. (3) BLASTER. A person qualified by reason of training, knowledge, and experience to design, s…

(a) In addition to any other legal powers, the State Fire Marshal may adopt, amend, suspend, repeal, and enforce reasonably necessary rules and regulations governing the use of explosives in the blasting of stone, rock, or any other natural formation, or in any construction, quar…

(a) Every person engaged in any use of explosives regulated by this article shall apply for and obtain certification from the office prior to using any explosives. No person shall detonate explosive materials or supervise the conduct of blasting operations unless that person has …

(a) A person may be refused certification, a duly issued blaster certification may be suspended or revoked, or the renewal of certification may be refused by the office if it finds that the applicant for, or the holder of, the certification: (1) Has violated this article or any o…

In the event a blaster certification card is revoked, suspended, or the original application for certification is denied, the office may reissue a blaster certification card provided that all requirements of this article have been met. (Acts 1993, No. 93-713, p. 1391, §6.)

(a) A record of each blast shall be kept in accordance with rules and regulations promulgated by the office. (b) It is unlawful for any person to make any false entry in any record required to be kept by this section. (Acts 1993, No. 93-713, p. 1391, §7.)

(a) Unless otherwise exempted by this article, no person shall engage in blasting or other use of explosives for commercial purposes, without first obtaining a blasting contractor license. Any person desiring to be licensed or desiring a renewal of an existing license as a blasti…

(a) No person, unless otherwise exempted by this article, shall engage in blasting or other use of explosives for commercial purposes without first obtaining a municipal explosives use permit from the appropriate local issuing authority. The appropriate local issuing authority fo…

(a) The office may suspend or revoke the certification or license of any person issued under this article who is found guilty of any fraud or deceit in obtaining a certification or license, or gross negligence, incompetence, or gross misconduct in the conduct of blasting activiti…

(a) The office may approve variations from the requirements of this article where it finds, as the result of a written request, that an emergency exists and that the proposed variations: (1) Are reasonable and necessary. (2) Will not hinder the effective administration of the art…

This article is intended to and shall preempt and supersede all county, town, city, or municipal ordinances or regulations enacted after January 1, 1993, or which may be enacted in the future with respect to the subjects covered by this article. Any municipal ordinance regulating…

(a) Whenever the office or local issuing authority has reason to believe that any person has engaged in, or is engaging in, or is about to engage in, any practice or activity that is prohibited by this article, the office or issuing authority shall conduct an inspection of the bl…

Any person found guilty of violating this article, or any reasonable rule or regulation promulgated by the State Fire Marshal pursuant to this article, is subject to a penalty of up to $500 for each violation. (Acts 1993, No. 93-713, p. 1391, §14.)

(a) Nothing contained in this article shall apply to: (1) Personnel of regular law enforcement agencies, military, or naval forces of the United States, or to the duly organized military force within the state, so long as these persons are acting within their respective official …

All sums received through the payment of fees and the recovery of civil penalties, grants, and appropriations by the Legislature shall be deposited in the State Treasury and credited to the State Fire Marshal’s Fund authorized by Section 36-19-31. This fund shall be available to …

In determining compliance with this article, the authorized representatives of the State Fire Marshal or issuing authority shall have the right of entry to, upon, and through any premises, or the site of any permitted or unpermitted commercial blasting operation without advance n…

This article shall be known as the Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act. (Act 2009-630, p. 1927, §1.)

As used in this article, the following terms shall have the following meanings: (1) AGENT. Any person authorized by the Department of Revenue to purchase and affix stamps on packages of cigarettes. (2) CIGARETTE. Any of the following: a. Any roll of tobacco wrapped in paper or in…

(a) Except as provided in subsection (g), no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance with the test method and meet the performance standard specified…

(a) Each manufacturer shall submit to the State Fire Marshal a written certification attesting to each of the following: (1) Each cigarette listed in the certification has been tested in accordance with Section 8-17-272. (2) Each cigarette listed in the certification meets the pe…

(a) Cigarettes that are certified by a manufacturer in accordance with Section 8-17-273 shall be marked to indicate compliance with the requirements of Section 8-17-272. The marking shall be in eight point type or larger and consist of the letters FSC, which signifies Fire Standa…

(a) A manufacturer, wholesale dealer, agent, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of Section 8-17-272, shall be subject to a civil penalty not to exceed one hundred dollars ($100) for each pac…

(a) The State Fire Marshal may promulgate rules pursuant to the Alabama Administrative Procedure Act necessary to effectuate the purposes of this article. (b) The Department of Revenue in the regular course of conducting inspections of wholesale dealers, agents, and retail dealer…

To enforce this article, the Attorney General, the Department of Revenue, the State Fire Marshal, their duly authorized representatives, and other law enforcement personnel are hereby authorized to examine the books, papers, invoices, and other records of any person in possession…

There is hereby established in the State Treasury a special fund to be known as the Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act Fund. The fund shall consist of all certification fees paid under Section 8-17-273 and monies recovered as penalties …

Nothing in this article shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of Section 8-17-272 if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the Unite…

This article shall be repealed if a federal reduced cigarette ignition propensity standard that preempts this article is adopted and becomes effective. (Act 2009-630, p. 1927, §11.)

This article preempts any local law, ordinance, or regulation that conflicts with any provision of this article or any policy of the state implemented in accordance with this article and, notwithstanding any other provision of law, a governmental unit of this state may not enact …

Unless inconsistent with any other provision of this article, the following ASTM International standards are adopted by reference: (1) F770-22, Standard Practice for Ownership, Operation, Maintenance, and Inspection of Amusement Rides and Devices. (2) F2376-22, Standard Practice …

For the purposes of this article, the following terms have the following meanings: (1) AMUSEMENT RIDE. A device or combination of devices or elements that carry, convey, or direct an individual over or through a fixed or restricted course or within a defined area for the primary …

(a) All amusement rides and water slides shall be inspected by a qualified inspector at least once every 12 months, measured from the date of issuance of the immediately preceding inspection certificate. (b) Upon completion of a satisfactory inspection, a qualified inspector shal…

An owner of an amusement ride or water slide shall maintain, at all times during which the amusement ride or water slide is in operation for the public, liability insurance with an insurer authorized or approved to write such insurance in this state on the operation of the amusem…

(a) Patrons of an amusement ride or water slide shall do all of the following: (1) Obey all posted signs, including, but not limited to, warning signs, instruction signs, and direction signs, pertaining to the amusement ride or water slide. (2) Obey all verbal instructions from o…

(a) This article shall not apply to sheriffs, recreational vehicle parks, as defined in Section 35-15-30, governmental entities, or summer camps. (b) For the purposes of this article, “summer camps” include facilities providing lodging, meals, and educational and recreational opp…

(a) For the purposes of this section, the term “appliance” means an item used in the home for the performance of domestic chores or tasks, or used in a commercial or industrial setting for the performance of similar tasks, including, but not limited to, cooking, food storage, hea…

This chapter shall be known as the “Alabama Motion Picture Fair Competition Act.” (Acts 1978, No. 591, p. 702, §2.)

As used in this chapter: (1) PERSON. One or more individuals, partnerships, associations, societies, trusts, organizations or corporations. (2) THEATRE. Any establishment in which motion pictures are exhibited to the public regularly for a charge. (3) DISTRIBUTOR. Any person enga…

The intent of this chapter is to establish fair and open procedures for the bidding and negotiation for the right to exhibit motion pictures within the state in order to prevent unfair and deceptive acts or practices and unreasonable restraints of trade in the business of motion …

(a) Blind bidding is hereby prohibited within the state. No bids shall be returnable, no negotiations for the exhibition or licensing of a motion picture shall take place and no license agreement or any of its terms shall be agreed to, for the exhibition of any motion picture, be…

(a) If bids are solicited from exhibitors for the licensing of a motion picture within the state, then: (1) The invitation to bid shall specify: a. Whether the run for which the bid is being solicited is a first, second or subsequent run; whether the run is an exclusive or nonexc…

In any civil action for damages against a person for violation of the provisions of this chapter, the court may award damages to the prevailing party and reasonable attorneys’ fees. The provisions of this chapter may be enforced by injunction or any other available equitable or l…

This chapter shall be known and may be cited as the “Deceptive Trade Practices Act.” (Acts 1981, No. 81-355, p. 510, §1.)

(a) Any person who commits one or more of the acts or practices declared unlawful under this chapter and thereby causes monetary damage to a consumer, and any person who commits one or more of the acts or practices declared unlawful in subdivisions (19) and (20) of Section 8-19-5…

(a) Any person who violates the terms of an injunction or order issued under this chapter shall forfeit and pay a civil penalty of not more than $25,000 per violation and shall be adjudged in contempt. For the purpose of this section, any circuit court issuing an injunction or or…

(a) Any person who continuously and willfully violates any provision of this chapter shall be guilty of a Class A misdemeanor. (b) In addition to any other penalties set forth in this chapter, a person who violates subdivision (23) of Section 8-19-5: (1) Shall be guilty of a Clas…