HB310ENROLLED
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D7SXHN-3
By Representative Easterbrook
RFD: County and Municipal Government
First Read: 13-Apr-23
2023 Regular Session
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Enrolled, An Act,
Relating to building codes; to create the Healthier
Homes Construction Practices Act; to authorize counties and
municipalities to adopt procedures for the installation and
activation of temporary-permanent electricity or
temporary-permanent gas under certain conditions; and to
provide certain requirements for the activation.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) This act shall be known and may be cited
as the Healthier Homes Construction Practices Act.
(b) The Legislature finds and declares that indoor air
quality in homes under construction is of prime importance for
the long-term durability of the home and health of the
consumer. It is the intent of the Legislature to address the
following issues related to the lack of temporary-permanent
electricity and temporary-permanent gas:
(1) Mold build-up due to temperature and humidity
within the structure.
(2) Component damage due to temperature and humidity.
(3) Warping and disfigurement of wood within the
structure due to temperature and humidity.
(c) Any municipality or county that adopts and enforces
building codes shall enact a procedure allowing for the
installation and activation, on a temporary basis in
accordance with the requirements of this act, of electricity
("temporary-permanent electricity") or gas
("temporary-permanent gas") in any dwelling, covered by the
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scope of the International Residential Code, under
construction in its jurisdiction.
(d) The municipality or county may require any of the
following to occur prior to the installation or activation of
temporary-permanent electricity:
(1) The structure be secured from unauthorized entry.
(2) The electrical service code be compliant and
complete.
(3) All rough plumbing, electrical, mechanical, and
framing inspections be completed and approved.
(4) All drywall be installed, with the exception of
finishing.
(5) All electrical circuit wires that are not energized
be secured to the side of the panel box.
(6) Any exterior outlet which has been energized have
ground fault breakers installed. A minimum of one exterior
outlet shall be provided.
(7) All electrical service be ready for service, as
certified by a state licensed electrical contractor.
(8) All heating and cooling equipment be installed
in-structure. Equipment shall be vented based on manufacturing
specifications. Forced air equipment shall have a return air
with a MERV 4 filter, and plenum and supply air.
(9) The building permit be obtained by a licensed
residential home builder, as defined by Section 34-14A-2, or a
general contractor.
(10) A request for temporary-permanent electricity be
made by the permittee.
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(11) The electrical service be obtained in the name of
the permittee.
(12) Compliance with any requirements set forth by the
provider of electricity.
(e) In addition to any requirement for the installation
or activation of temporary-permanent electricity under
subsection (d), any municipality or county that enforces and
adopts building codes may require any of the following prior
to the installation or activation of temporary-permanent gas:
(1) The structure be secured from unauthorized entry.
(2) A gas line be installed in accordance with
applicable codes between the heating equipment and the gas
meter location.
(3) Gas lines not connected to an appliance be capped.
(4) A temporary pressure test be performed for the
purposes of installing temporary gas for heat.
(5) A final pressure test be performed for permanent
gas service.
(6) Gas service be certified by a licensed gas fitter
as being ready for service.
(7) Heating and cooling equipment be installed
in-structure and be vented based on manufacturing
specifications.
(8) Forced air equipment have a return air with a MERV
4 filter, and plenum and supply air.
(9) A building permit be obtained by a licensed
residential home builder, as defined by Section 34-14A-2, or
general contractor.
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(10) A request for temporary-permanent gas be made by
the permittee.
(11) Electrical service be obtained in the name of the
permittee.
(12) Proof that the gas system is complete, is code
compliant, and has passed all required inspections.
(13) Compliance with any other requirements of the
provider of gas.
(f) For the installation or activation of
temporary-permanent electricity or temporary-permanent gas, no
additional requirements may be placed on the contractor beyond
the requirements of this section.
(g) Any structure granted temporary-permanent
electricity or temporary-permanent gas pursuant to this
section shall not be occupied, and permanent electricity or
permanent gas shall be permitted, only upon proof that all
required final inspections by the municipality or county have
been completed.
(h) Where sewer service is not available, a request for
temporary-permanent electricity or temporary-permanent gas
must be accompanied by copies of all septic system plans and
permits, approved by the local health department.
Section 2. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 25-Apr-23.
John Treadwell
Clerk
Senate 03-May-23
Passed
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