Title 34 — Title 34

(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Repealed by Act 2006-105, p. 136, §3, effective May 1, 2006.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.)

This chapter shall be known and may be cited as “The Alabama Home Inspectors Registration Act.” History: (Acts 1996, No. 96-574, p. 883, §1.)

Where the Alabama Home Inspectors Registration Act contains a provision relating specifically to home inspectors, such provision shall be made applicable to inspectors of Exterior Insulation and Finish Systems (EIFS) except as to the following: (1) Applicants for licensure as an …

The following words shall have the following meanings: (1) BUILDING COMMISSION. The Building Commission established pursuant to Article 6, commencing with Section 41-9-140, Division 1, Chapter 9, Title 41. (2) EXTERIOR INSULATION AND FINISH SYSTEMS (EIFS) INSPECTOR. A person who …

(a) An applicant for licensure as a home inspector shall submit an application, under oath, upon a form to be prescribed by the Building Commission which shall include, as a minimum, the following information pertaining to the applicant: (1) Social Security number for natural per…

(a) The certificate of licensure shall be initially issued only to properly qualified home inspectors for a period commencing on the date of issue and expiring on December 31. Certificates of licensure shall be renewed for a term of one year beginning on January 1 of the year in …

(a) Effective November 1, 2002, a certificate of licensure or renewal of licensure shall not be issued by the Building Commission to any applicant for licensure as a home inspector who has not demonstrated through a written examination process that he or she possesses an appropri…

The applicant shall pay to the Building Commission a registration or renewal fee of three hundred dollars ($300) per calendar year; provided, however, that the registration or renewal fee may be adjusted by the Building Commission as may be necessary to cover the costs and expens…

There is hereby created in the State Treasury a fund to be known as the Alabama Home Inspectors Registration Fund. All funds, fees, charges, costs, and collections accruing to or collected by the Building Commission under the provisions of this chapter shall be deposited into the…

Contracts, and Correspondence. No person shall advertise as a home inspector unless the person has complied with the provisions of this chapter. No person who is registered under one name as provided in this chapter shall engage in business as a home inspector under any other nam…

In the event that the insurance coverage required pursuant to this chapter shall cease to be effective, the home inspector shall notify the Building Commission, and the registration of the affected home inspector shall be suspended until the insurance is reinstated or replaced. T…

(a) Any person who undertakes or attempts to undertake the business of home inspection without first having been licensed as required by this chapter, or who knowingly presents or files false information with the Building Commission for the purpose of licensure as a home inspecto…

As used in this chapter, the following terms shall have the following meanings: (1) BOARD. The Board of Home Medical Equipment as established by this chapter. (2) HOME MEDICAL EQUIPMENT. Medical devices usable in a residential setting, as defined in regulations established by the…

(a) The Governor shall appoint a minimum of nine persons to serve on the Board of Home Medical Equipment, such persons to include a majority who are employed in the home medical equipment industry, and at least one person from each of the following categories: A consumer of home …

(a) The board shall adopt regulations that specify the medical equipment to be included in this chapter, set standards for the licensure of entities which provide home medical equipment services, and govern the safety and quality of home medical equipment service providers. (b) A…

(a) Except as otherwise provided in this chapter, a home medical equipment services provider shall be licensed annually by the board before the provider may engage in the provision of home medical equipment services. In Alabama, when a single business entity provides home medical…

The Board of Home Medical Equipment may establish by rule, and charge and collect, reasonable inspection fees pursuant to the Alabama Administrative Procedure Act. History: (Act 2002-95, p. 308, §3; Act 2014-172, p. 489, §1.)

The licensure requirements of this chapter do not apply to the following entities or practitioners: (1) Home health agencies certified by the State of Alabama to participate in the Medicare and Medicaid programs. (2) Hospital based home medical equipment services, whether or not …

Penalties; Appeal. (a) The board may deny, suspend, or revoke a license as provided in this section. (b) A license may not be denied, suspended, or revoked except by majority vote of the board and with prior notice and opportunity for hearing in accordance with this chapter and t…

There is hereby established a separate special revenue trust fund in the State Treasury to be known as the Home Medical Equipment Fund. All receipts collected by the board under the provisions of this chapter are to be deposited into this fund and shall be used only to carry out …

The board shall be subject to the Alabama Sunset Law as an enumerated agency as provided in Section 41-20-3, and shall have a termination date of October 1, 2002, and every four years thereafter, unless continued pursuant to the Alabama Sunset Law. History: (Act 2000-739, p. 1619…

For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section: (1) HOTEL. Such term includes any establishment where sleeping or sleeping and eating accommodations are advertised or held out to be available to transien…

The State Hotel Inspector, or any of his or her authorized representatives when acting under his or her direction, may close any hotel if the owner, manager or operator thereof has been found guilty of flagrant or continued violation of the State Board of Health rules and regulat…