Alabama House Bill HB214

Alabama 2023 Regular Session

• Introduced: 3/23/23
• Refer: 3/23/23

Caption

Relating to building codes; to amend Section 27-2-39, Code of Alabama 1975, to provide for a portion of fees and taxes collected by the Department of Insurance to the Alabama Residential Building Code Fund; to designate Sections 34-14A-1 through 34-14A-20 as Article 1 of Chapter 14A of Title 34, Code of Alabama 1975; to amend Sections 34-14A-1, 34-14A-2, 34-14A-7, 34-14A-12, 34-14A-20, Code of Alabama 1975, to provide for the establishment of the Alabama Residential Building Code and its authority; to further provide for the practice of residential home building; to further provide for the duties of the Home Builders Licensure Board; to add Article 2, commencing with Section 34-14A-41, to Chapter 14A of Title 34, Code of Alabama 1975, to establish the Alabama Residential Building Code Division within the Home Builders Licensure Board and provide for its duties; to establish the Alabama Residential Building Code Fund in the State Treasury and provide for its administration; to add Article 6A, commencing of Section 41-9-175, to Chapter 9 of Title 41, Code of Alabama 1975, to establish the Alabama Residential Building Code Advisory Council and provide for its membership and duties; to amend Sections 41-23-80, 41-23-81, 41-23-82, 41-23-84, 41-23-85, Code of Alabama 1975, to provide for the change of the name of the Alabama Energy and Residential Codes Board to the Alabama Commercial Energy Code Board and further provide for the membership of the board; and to provide requirements for certain local building codes adopted or amended after a date certain.

Impact

One significant aspect of HB214 is the establishment of the Alabama Residential Building Code Fund, designed to support the division in administering and enforcing the new code. This fund will be financed through a portion of the fees and taxes collected by the Department of Insurance. Furthermore, the legislation mandates that local governments may not adopt building codes that surpass the state minimum unless they are permitted under federal regulations. This centralization of building codes aims to alleviate confusion and disparities in residential construction across various jurisdictions, though it may reduce local governments' flexibility to tailor regulations to specific community needs.

Summary

House Bill 214 seeks to implement a statewide Alabama Residential Building Code aimed at standardizing building practices across the state. The legislation establishes the Alabama Residential Building Code Division, which will report to the Home Builders Licensure Board and oversee the implementation and enforcement of the new standards. This code is intended to promote safety, energy efficiency, and consistency in residential construction by drawing from established international codes, including the International Residential Code and the International Energy Conservation Code. Counties and municipalities are required to align their codes with the minimum standards set by this new state code to ensure uniformity in building practices.

Contention

Notably, the bill restricts the authority of local governing bodies by prohibiting them from imposing additional requirements for the installation of fire sprinkler systems, unless such ordinances were already in place prior to the bill's enactment date. Proponents argue that the bill simplifies compliance for builders and homeowners alike, while opponents express concern that it undermines local control, which may prevent communities from enforcing stricter safety measures tailored to their unique risks. The ongoing discourse centers around the balance between uniformity in regulation and the autonomy of local governments to address specific safety issues relevant to their communities.