Alabama 2024 Regular Session

Alabama House Bill HB198 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB198ENROLLED~~
	1	+	HB198ENGROSSED
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3	3		HB198
4		-	~~TMLF199~~-2
	4	+	2QAHISK-2
5	5		By Representative Brown
6	6		RFD: County and Municipal Government
7	7		First Read: 20-Feb-24
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12		-	5 HB198 ~~Enrolled~~
	12	+	5 HB198 Engrossed
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14	14		First Read: 20-Feb-24
15		-	Enrolled, An Act,
	15	+	A BILL
	16	+	TO BE ENTITLED
	17	+	AN ACT
16	18		Relating to building codes; to designate Sections
17	19		34-14A-1 through 34-14A-20 as Article 1 of Chapter 14A of
18	20		Title 34, Code of Alabama 1975; to amend Sections 34-14A-1,
19	21		34-14A-2, 34-14A-7, 34-14A-12, and 34-14A-20, Code of Alabama
20	22		1975, to provide for the establishment of the Alabama
21	23		Residential Building Code and its authority; to further
22	24		provide for the practice of residential home building; to
23	25		further provide for the duties of the Home Builders Licensure
24	26		Board; to add Sections 34-14A-12.1 and 34-14A-12.2 to the Code
25	27		of Alabama 1975, to add Article 2, commencing with Section
26	28		34-14A-41, to Chapter 14A of Title 34, Code of Alabama 1975,
27	29		to establish the Alabama Residential Building Code Division
28	30		within the Home Builders Licensure Board and provide for its
29	31		duties; to establish the Alabama Residential Building Code
30	32		Fund in the State Treasury and provide for its administration;
31		-	to add Article 3, commencing with Section 34-14A-80, to
32		-	Chapter 14A of Title 34, Code of Alabama 1975, to establish
33		-	the Alabama Residential Building Code Advisory Council and
34		-	provide for its membership and duties; to add Article 3,
35		-	commencing with Section 34-8-80, to Chapter 8 of Title 34,
36		-	Code of Alabama 1975, to establish the Alabama Commercial
37		-	Energy Code Advisory Committee within the State Licensing
38		-	Board for General Contractors and provide for its membership
39		-	and duties; to repeal Article 5, commencing with Section
40		-	41-23-80, of Chapter 23, Title 41, Code of Alabama 1975,
41		-	relating to the Alabama Energy and Residential Codes Board
	33	+	to add Article 6A, commencing with Section 41-9-175, to
	34	+	Chapter 9 of Title 41, Code of Alabama 1975, to establish the
	35	+	Alabama Residential Building Code Advisory Council and provide
	36	+	for its membership and duties; to amend Sections 41-23-80,
	37	+	41-23-81, 41-23-82, 41-23-84, and 41-23-85, Code of Alabama
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69		-	28 HB198 ~~Enrolled~~
	65	+	28 HB198 Engrossed
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71		-	relating to the Alabama Energy and Residential Codes Board
72		-	within the Alabama Department of Economic and Community
73		-	Affairs; and to provide requirements for certain local
	67	+	41-23-81, 41-23-82, 41-23-84, and 41-23-85, Code of Alabama
	68	+	1975, to provide for the change of the name of the Alabama
	69	+	Energy and Residential Codes Board to the Alabama Commercial
	70	+	Energy Code Board and further provide for the membership of
	71	+	the board; and to provide requirements for certain local
74	72		building codes adopted or amended after a date certain.
75	73		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
76	74		Section 1. Sections 34-14A-1 through 34-14A-20 are
77	75		designated as Article 1 of Chapter 14A, Title 34, Code of
78	76		Alabama 1975.
79	77		Section 2. Sections 34-14A-1, 34-14A-2, 34-14A-7,
80	78		34-14A-12, and 34-14A-20, Code of Alabama 1975, are amended to
81	79		read as follows:
82	80		"§34-14A-1
83	81		(a) In the interest of the public health, safety,
84	82		welfare, and consumer protection , and to regulate the home
85	83		building and private residence construction industry, the
86	84		purpose of this chapter , and the intent of the Legislature in
87	85		passing it, is to:
88	86		(1) To provide for the licensure of those persons who
89	87		engage in home building, private residence construction, and
90	88		home improvement industries, including remodeling , and to.
91	89		provide home building standards
92	90		(2) To establish an Alabama Residential Building Code.
93	91		(3) To provide guidance, assistance, promotion, and
94	92		support for code inspections of residential construction. and
95	93		to
96	94		(4) To support education within the construction trades
97	95		and construction inspections in the State of Alabama.
98		-	(b) The Legislature recognizes that the home building
99		-	and home improvement construction industries are significant
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	123	+	56 HB198 Engrossed
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	125	+	and construction inspections in the State of Alabama.
	126	+	(b) The Legislature recognizes that the home building
129	127		and home improvement construction industries are significant
130	128		industries. Home builders may pose significant and that
131	129		significant harm to the public may result from the provision
132	130		of when unqualified, incompetent, or dishonest home builders
133	131		and remodelers provide inadequate, unsafe, or inferior
134	132		building services by unqualified, incompetent, or dishonest
135	133		home builders and remodelers . The Legislature finds it
136	134		necessary to regulate the residential home building and home
137	135		improvement industries."
138	136		"§34-14A-2
139	137		As used in this chapter, the following terms shall have
140	138		the following meanings, respectively, unless the context
141	139		clearly indicates otherwise:
142	140		(1) ADVERTISING. Engaging or offering to engage in any
143	141		acts or services as a residential home builder by the act or
144	142		practice of offering for sale professional services by
145	143		promoting those services through print, radio or television
146	144		media, on billboards, through social media, through
147	145		promotional sponsorships, on vehicles, by the placement of
148	146		signs in front of ongoing or completed worksites, or by
149	147		displaying credentials, including licensure, to perform
150	148		residential home building.
151	149		(2) ALABAMA RESIDENTIAL BUILDING CODE. The code adopted
152	150		by the board, as amended by the board, and based on a
153	151		published edition of the International Residential Code, and
154	152		the residential chapters of a published edition of the
155	153		International Energy Conservation Code.
156		-	(3) APPLICABLE RESIDENTIAL BUILDING CODE. The Alabama
157		-	Residential Building Code or a local residential building code
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	181	+	84 HB198 Engrossed
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	183	+	International Energy Conservation Code.
	184	+	(3) APPLICABLE RESIDENTIAL BUILDING CODE. The Alabama
187	185		Residential Building Code or a local residential building code
188	186		adopted by a county or municipality, pursuant to this chapter,
189	187		where the construction, renovation, or repairs will take
190	188		place.
191	189		(1) ADVISORY COUNCIL. The Alabama Construction Trade
192	190		Advisory Council.
193	191		(2)(4) BOARD. The Home Builders Licensure Board.
194	192		(3)(5) COST OF THE UNDERTAKING. The total cost of the
195	193		materials, labor, supervision, overhead, and profit.
196	194		(6) COUNCIL. The Alabama Residential Building Code
197	195		Advisory Council.
198	196		(7) DIVISION. The Alabama Residential Building Code
199	197		Division.
200	198		(4)(8) HOMEOWNER. A person who owns and resides in or
201	199		intends to reside in a structure constructed or remodeled by a
202	200		licensee of the board, or who contracts with a licensee for
203	201		the purchase, construction, repair, improvement, or
204	202		reimprovement of a structure to be used as a residence.
205	203		(5)(9) IMPROVEMENT. Any site-built addition or
206	204		enhancement attached to or detached from a residence or
207	205		structure for use and enjoyment by the homeowner.
208	206		(6)(10) INACTIVE LICENSE. A license issued at the
209	207		request of a licensee, or a building official or a building
210	208		inspector, that is renewable, but that is not currently valid.
211	209		(7)(11) LICENSE. Any license issued by the board
212	210		pursuant to this chapter.
213	211		(8)(12) LICENSEE. A holder of any license issued
214		-	pursuant to this chapter.
215		-	(9)(13) PERSON. Any natural person individual, limited
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	239	+	112 HB198 Engrossed
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	241	+	(8)(12) LICENSEE. A holder of any license issued
	242	+	pursuant to this chapter.
245	243		(9)(13) PERSON. Any natural person individual, limited
246	244		or general partnership, corporation, association, limited
247	245		liability company, or other legal entity, or any combination
248	246		thereof.
249	247		(10)(14) QUALIFYING REPRESENTATIVE. The individual
250	248		designated by a general partnership, limited partnership,
251	249		corporation, limited liability company, or not-for-profit
252	250		organization applying for a license who either holds a license
253	251		individually or meets the experience and ability requirements
254	252		for licensure, and who is one of the following:
255	253		a. A general partner in the case of any partnership.
256	254		b. An officer in the case of a corporation.
257	255		c. A member in the case of a member-managed limited
258	256		liability company.
259	257		d. A manager in the case of a manager-managed limited
260	258		liability company.
261	259		e. An individual who is affiliated with one of the
262	260		member entities of a limited liability company and who has
263	261		been identified and authorized through the operating agreement
264	262		to manage day-to-day operations as it relates to operations of
265	263		the limited liability company for purposes of licensure.
266	264		(11)(15) RESIDENCE. A single unit providing complete
267	265		independent residential living facilities for one or more
268	266		persons, including permanent provisions for living, sleeping,
269	267		eating, cooking, and sanitation.
270	268		(12)(16) RESIDENTIAL HOME BUILDER. A person who
271	269		constructs a residence or structure for sale or who, for a
272		-	fixed price, commission, fee, or wage, undertakes or offers to
273		-	undertake the construction or superintending of the
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	299	+	constructs a residence or structure for sale or who, for a
	300	+	fixed price, commission, fee, or wage, undertakes or offers to
303	301		undertake the construction or superintending of the
304	302		construction, or who manages, supervises, assists, or provides
305	303		consultation to a homeowner regarding the construction or
306	304		superintending of the construction, of any residence or
307	305		structure that is not over three floors in height and that
308	306		does not have more than four residential units, or the repair,
309	307		improvement, or reimprovement thereof, to be used by another
310	308		as a residence when the cost of the undertaking exceeds ten
311	309		thousand dollars ($10,000). Notwithstanding the foregoing, the
312	310		term includes a residential roofer when the cost of the
313	311		undertaking exceeds two thousand five hundred dollars
314	312		($2,500). Nothing herein shall prevent any person from
315	313		performing these acts on his or her own residence or on his or
316	314		her other real estate holdings. Anyone who engages or offers
317	315		to engage in any acts described in this subdivision, through
318	316		advertising or otherwise, shall be deemed to have engaged in
319	317		the business of residential home building.
320	318		(13)(17) RESIDENTIAL ROOFER. A person who installs
321	319		products or repairs surfaces on the external upper covering of
322	320		a residence or structure that seals, waterproofs, or
323	321		weatherproofs the residence or structure.
324	322		(14)(18) STRUCTURE. A residence on a single lot,
325	323		including a site-built home, a condominium, a duplex or
326	324		multi-unit residential building consisting of not more than
327	325		four residential units, or any improvement thereto.
328	326		(15)(19) TRANSACTION. The act of entering into a
329	327		contract with a licensee to engage in the business of
330		-	residential home building."
331		-	"§34-14A-7
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	357	+	contract with a licensee to engage in the business of
	358	+	residential home building."
361	359		"§34-14A-7
362	360		(a) Any residential home builder who desires to receive
363	361		a new or renewal license under this chapter shall make and
364	362		file with the board 30 days prior to the next meeting of the
365	363		board a written application on a form prescribed by the board.
366	364		Each applicant shall be a citizen of the United States or, if
367	365		not a citizen of the United States, a person who is legally
368	366		present in the United States with appropriate documentation
369	367		from the federal government. Such The application shall be
370	368		accompanied by the payment of the annual license fee required
371	369		by the board. After the board accepts the application, the
372	370		applicant may be examined by the board at its next meeting.
373	371		The board, in examining the applicant, shall consider the
374	372		following qualifications of the applicant:
375	373		(1) Experience.
376	374		(2) Ability.
377	375		(3) Character.
378	376		(4) Business-related financial condition.
379	377		a. The board may require a financial statement on a
380	378		form prescribed by the board and a public records search
381	379		directly from a credit reporting agency.
382	380		b. The board may require a positive net worth or other
383	381		evidence of business-related financial condition sufficient to
384	382		reasonably satisfy the board of the applicant's financial
385	383		responsibility.
386	384		c. The board may require that business-related
387	385		judgments, judgment liens, and other perfected liens must be
388		-	satisfied and released.
389		-	d. Any information obtained by the board pursuant to
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	415	+	judgments, judgment liens, and other perfected liens must be
	416	+	satisfied and released.
419	417		d. Any information obtained by the board pursuant to
420	418		this subsection relating to the financial condition of an
421	419		applicant shall not be public information.
422	420		(5) Ability and willingness to serve the public and
423	421		conserve the public health and safety.
424	422		(6) Any other pertinent information the board may
425	423		require.
426	424		(b)(1) If the board finds the applicant qualified to
427	425		engage in residential home building in Alabama, the applicant
428	426		shall be issued a license. An applicant rejected by the board
429	427		shall be given an opportunity to be reexamined after a new
430	428		application has been filed and an additional application fee
431	429		paid.
432	430		(2) A record shall be made and preserved by the board
433	431		of each examination and the findings of the board pertaining
434	432		to the examination. A copy of the record shall be made
435	433		available to any applicant requesting it upon the payment of a
436	434		reasonable fee to the board.
437	435		(c) The board, by rule, may require proof of and
438	436		maintenance of insurance as a qualification for licensure.
439	437		(d) The board, by rule, may establish or adopt, or
440	438		both, education requirements and may approve, administer, or
441	439		financially support the program or programs providing
442	440		residential construction education.
443	441		(e)(1) Each licensee shall notify the board within 10
444	442		days after notice of the institution of any criminal
445	443		prosecution against him or her. The notification shall be in
446		-	writing, by certified mail, and shall include a copy of the
447		-	specific charge made together with a copy of the indictment,
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	473	+	prosecution against him or her. The notification shall be in
	474	+	writing, by certified mail, and shall include a copy of the
477	475		specific charge made together with a copy of the indictment,
478	476		information, or complaint, affidavit, and warrant making the
479	477		charges.
480	478		(2) Each licensee shall notify the board in writing by
481	479		certified mail within 10 days after he or she receives the
482	480		notice that any criminal verdict has been rendered against him
483	481		or her, or that a criminal action pending against him or her
484	482		has been dismissed.
485	483		(f) Each licensee shall utilize use a valid written
486	484		contract when engaging in the business of residential home
487	485		building. In addition to any other requirements provided by
488	486		law, the contract shall contain the licensee's license number
489	487		issued by the board.
490	488		(g) Whenever a licensee engages in advertising, the
491	489		licensee shall ensure that the licensee's valid license number
492	490		issued by the board is displayed.
493	491		(g)(h) When any residential home building to be
494	492		performed will comply with a program designed to enhance the
495	493		resiliency of the structure beyond the requirements of the
496	494		applicable building codes, the licensee shall disclose this
497	495		compliance to the homeowner in writing prior to the
498	496		commencement of the residential home building.
499	497		(h)(1)(i)(1) Any licensee who desires to receive an
500	498		inactive license shall make and file with the board a written
501	499		application for an inactive license on a form prescribed by
502	500		the board prior to the expiration of his or her current
503	501		license. The application shall be accompanied by the payment
504		-	of the annual inactive license fee required by the board. No
505		-	act for which a license is required may be performed under an
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	531	+	license. The application shall be accompanied by the payment
	532	+	of the annual inactive license fee required by the board. No
535	533		act for which a license is required may be performed under an
536	534		inactive license. In the event a person holding a current
537	535		inactive license applies for a license, he or she may rely
538	536		upon his or her inactive license as evidence of the experience
539	537		and ability requirements for licensure under subdivisions (1)
540	538		and (2) of subsection (a).
541	539		(2) A person holding an expired license who seeks to
542	540		reactivate his or her license within three years of the date
543	541		of expiration shall be deemed to have satisfied the experience
544	542		and ability requirements for licensure if application is made
545	543		within the three-year time period and all other licensing
546	544		requirements pursuant to subsection (a) have been met.
547	545		(3) Any building official or building inspector who
548	546		desires to receive an inactive license shall make and file
549	547		with the board 30 days prior to the next meeting of the board
550	548		a written application for an inactive license on a form
551	549		prescribed by the board. After the board accepts the
552	550		application, the applicant may be examined by the board at its
553	551		next board meeting. The board, in examining the applicant,
554	552		shall consider the following qualifications of the applicant
555	553		as satisfying the experience and ability requirements for
556	554		licensure:
557	555		a. That the building inspector is an employee of the
558	556		United States, the State of Alabama, or any municipality,
559	557		county, or other political subdivision and, by virtue of that
560	558		employment, is exempted or prohibited by law from holding a
561	559		license; and
562		-	b. That the building inspector does any of the
563		-	following:
564	560		253
565	561		254
566	562		255
567	563		256
568	564		257
569	565		258
570	566		259
571	567		260
572	568		261
573	569		262
574	570		263
575	571		264
576	572		265
577	573		266
578	574		267
579	575		268
580	576		269
581	577		270
582	578		271
583	579		272
584	580		273
585	581		274
586	582		275
587	583		276
588	584		277
589	585		278
590	586		279
591		-	280 HB198 ~~Enrolled~~
	587	+	280 HB198 Engrossed
592	588		Page 11
	589	+	license; and
	590	+	b. That the building inspector does any of the
593	591		following:
594	592		1. Maintains current certification from the Southern
595	593		Building Code Congress International as one of the following:
596	594		(i) Chief building official.
597	595		(ii) Deputy building official.
598	596		(iii) Building inspector.
599	597		(iv) Housing inspector.
600	598		(v) Design professional.
601	599		(vi) Plan reviewer.
602	600		2. Maintains current certification from the
603	601		International Code Council as one of the following:
604	602		(i) Certified building official.
605	603		(ii) Building inspector.
606	604		(iii) Residential building inspector.
607	605		(iv) Property maintenance and housing inspector.
608	606		(v) Building plans examiner.
609	607		(vi) Design professional.
610	608		3. Possesses sufficient building qualifications and
611	609		experience to receive a license, as demonstrated by
612	610		satisfactory evidence presented to the board.
613	611		(4) In the event a building official or building
614	612		inspector holding a current inactive license applies for a
615	613		license, he or she may rely upon his or her inactive license
616	614		as evidence of the experience and ability requirements for
617	615		licensure under subdivisions (1) and (2) of subsection (a)."
618	616		"§34-14A-12
619	617		(a) The board may establish or adopt residential
620		-	building codes and standards of practice for residential home
621		-	builders within the state. A residential building code or
622	618		281
623	619		282
624	620		283
625	621		284
626	622		285
627	623		286
628	624		287
629	625		288
630	626		289
631	627		290
632	628		291
633	629		292
634	630		293
635	631		294
636	632		295
637	633		296
638	634		297
639	635		298
640	636		299
641	637		300
642	638		301
643	639		302
644	640		303
645	641		304
646	642		305
647	643		306
648	644		307
649		-	308 HB198 ~~Enrolled~~
	645	+	308 HB198 Engrossed
650	646		Page 12
	647	+	(a) The board may establish or adopt residential
	648	+	building codes and standards of practice for residential home
651	649		builders within the state. A residential building code or
652	650		standard of practice adopted or established by the board does
653	651		not supersede or otherwise exempt residential home builders
654	652		from a local building law or code adopted by the governing
655	653		body of a county or municipality or from a local or general
656	654		law.
657	655		(a) The board shall have the sole authority to adopt
658	656		the following codes:
659	657		(1) The Alabama Residential Building Code, which shall
660		-	apply to all construction and ~~improvements~~ governed by this
	658	+	apply to all construction and improvement governed by this
661	659		chapter.
662	660		(2) The Alabama Residential Energy Code, which shall
663	661		apply to all residential construction and improvements.
664	662		(b)(1) The Alabama Residential Building Code shall be
665	663		enforced by local jurisdictions that have permitting and
666	664		inspection programs for residential construction and
667	665		improvements that are adhered to by residential home builders.
668		-	The Alabama Residential Building Code shall not supersede ~~any~~
669		-	local residential building code adopted by any county or
670		-	municipality in effect on ~~January~~ 1, ~~2027~~.
	666	+	The Alabama Residential Building Code does shall not supersede
	667	+	any local residential building code adopted by any county or
	668	+	municipality in effect on October 1, 2024.
671	669		(2) The Alabama Residential Energy Code shall be
672	670		enforced by local jurisdictions that have adopted energy code
673	671		provisions for residential and commercial construction and
674		-	improvements. Provided however, provisions adopted by local
675		-	jurisdictions may not exceed those contained within the
676		-	Alabama Residential Energy Code.
677		-	(3) A local building code adopted by any county or
678		-	municipality after January 1, 2027, shall meet the minimum
679		-	standards of the Alabama Residential Building Code and the
	672	+	improvements. Provided however, such provisions shall not
	673	+	exceed those contained within the Alabama Residential Energy
	674	+	Code.
	675	+	(3) A local building code adopted or amended by any
680	676		309
681	677		310
682	678		311
683	679		312
684	680		313
685	681		314
686	682		315
687	683		316
688	684		317
689	685		318
690	686		319
691	687		320
692	688		321
693	689		322
694	690		323
695	691		324
696	692		325
697	693		326
698	694		327
699	695		328
700	696		329
701	697		330
702	698		331
703	699		332
704	700		333
705	701		334
706	702		335
707		-	336 HB198 ~~Enrolled~~
	703	+	336 HB198 Engrossed
708	704		Page 13
709		-	standards of the Alabama Residential Building Code and the
710		-	Alabama Residential Energy Code in effect at the time of the
711		-	local building code adoption. The local building code may
712		-	amend the standards as local conditions require, but no such
713		-	adoption or amendment shall exceed the provisions of the
714		-	Alabama Residential Energy Code unless local conditions or
715		-	compliance with any federal mandate requires such adoption.
	705	+	(3) A local building code adopted or amended by any
	706	+	county or municipality after October 1, 2024, shall meet the
	707	+	minimum standards of the Alabama Residential Building Code and
	708	+	the Alabama Residential Energy Code in effect at the time of
	709	+	the local building code adoption or amendment. The local
	710	+	building code may amend the standards as local conditions
	711	+	require but no such adoption or amendment shall exceed the
	712	+	provisions of the Alabama Residential Energy Code unless local
	713	+	conditions or compliance with any federal mandate requires
	714	+	such adoption or amendment.
716	715		(4) Notwithstanding any other provision of law to the
717	716		contrary, the Alabama Residential Building Code does not apply
718	717		to any agricultural building except for any residence
719	718		contained therein.
720	719		(b)(c)(1) The county commissions of the several
721	720		counties A county commission, by resolution, may adopt
722	721		building laws and codes by ordinance which that shall apply in
723	722		the unincorporated areas of the county. The county commission
724	723		shall provide a copy of any resolution adopted pursuant to
725	724		this subsection to the board within 10 business days of
726	725		adopting the resolution.
727	726		(2) A local building law or code adopted pursuant to
728	727		this subsection may not take effect until 120 days after the
729	728		resolution was adopted; provided, in the case of an insurance
730	729		claim requiring work and activities for which a license is
731	730		required by this chapter, the effective date for the building
732	731		law or code shall be the date of adoption by the local
733	732		jurisdiction.
734		-	(3) The building laws and codes of the county
735		-	commission shall not apply within any municipal police
736		-	jurisdiction, in which that municipality is exercising its
737		-	building laws or codes, without the express consent of the
	733	+	(3) TheExcept as provided in Section 11-40-10(b)(2),
738	734		337
739	735		338
740	736		339
741	737		340
742	738		341
743	739		342
744	740		343
745	741		344
746	742		345
747	743		346
748	744		347
749	745		348
750	746		349
751	747		350
752	748		351
753	749		352
754	750		353
755	751		354
756	752		355
757	753		356
758	754		357
759	755		358
760	756		359
761	757		360
762	758		361
763	759		362
764	760		363
765		-	364 HB198 ~~Enrolled~~
	761	+	364 HB198 Engrossed
766	762		Page 14
767		-	building laws or codes, without the express consent of the
768		-	governing body of that municipality. The building laws and
769		-	codes of the county commission may be enforced within a
770		-	municipality's police jurisdiction outside of the
771		-	municipality's corporate limits as provided in Section
772		-	11-40-10(b)(2). The building laws and codes of the county
	763	+	(3) TheExcept as provided in Section 11-40-10(b)(2),
	764	+	the building laws and codes of the county commission shall not
	765	+	apply within any municipal police jurisdiction outside of the
	766	+	corporate limits of the municipality , in which that
	767	+	municipality is exercising its building laws or codes, without
	768	+	the express consent of the governing body of that
	769	+	municipality. The building laws and codes of the county
773	770		commission may apply within the corporate limits of any
774	771		municipality only with the express consent of the governing
775	772		body of the municipality.
776	773		(4) The county commission may employ building
777	774		inspectors to see that its laws or codes are not violated and
778	775		that the plans and specifications for buildings are not in
779	776		conflict with the ordinanceslaws and codes of the county and
780	777		may exact fees to be paid by the owners of the property
781	778		inspected.
782	779		(5) The county commission, by resolution, may
783	780		discontinue its administration and enforcement of the building
784	781		laws and codes. However, the discontinuation shall not take
785	782		effect until 120 days after the resolution was adopted. The
786	783		county commission shall provide a copy of the resolution to
787	784		the board within 10 business days of adopting the resolution.
788	785		(c)(d) Utilizing the same authority and procedures as
789	786		municipalities pursuant to Sections 11-53A-20 to 11-53A-26,
790	787		inclusive, the county commission may condemn buildings, parts
791	788		of buildings, or structures dangerous to the public and
792	789		prohibit the use thereof and abate the same as a nuisance.
793	790		(d)(e) The county commissions, municipalities, and
794	791		other public entities may enter into mutual agreements,
795		-	compacts, and contracts for the administration and enforcement
796	792		365
797	793		366
798	794		367
799	795		368
800	796		369
801	797		370
802	798		371
803	799		372
804	800		373
805	801		374
806	802		375
807	803		376
808	804		377
809	805		378
810	806		379
811	807		380
812	808		381
813	809		382
814	810		383
815	811		384
816	812		385
817	813		386
818	814		387
819	815		388
820	816		389
821	817		390
822	818		391
823		-	392 HB198 ~~Enrolled~~
	819	+	392 HB198 Engrossed
824	820		Page 15
	821	+	other public entities may enter into mutual agreements,
825	822		compacts, and contracts for the administration and enforcement
826	823		of their respective building laws and codes. A county
827	824		commission or municipality shall provide a copy of the mutual
828	825		agreement, compact, or contract to the board within 10
829	826		business days of its execution.
830	827		(f) A county commission or municipality shall provide
831	828		to the board a copy of any resolution, ordinance, or agreement
832	829		adopted pursuant to Section 11-40-10(b)(2) within 10 business
833	830		days of its adoption.
834	831		(g) Nothing in this section shall be construed to
835	832		restrict the power of any county or municipality to adopt and
836	833		enforce local building laws or codes that either comply with
837	834		or exceed the minimum standards of the Alabama Residential
838	835		Building Code; provided the local laws or codes are adopted or
839	836		amended in accordance with this chapter. "
840	837		"§34-14A-20
841	838		(a) The Alabama Construction Trade Academy Fund is
842	839		established in the State Treasury. The fund shall be comprised
843	840		of federal, state, and private funding through direct
844	841		budgetary funding and grants for the expansion of construction
845	842		trade education. To the extent practicable, monies in the fund
846	843		shall be used to leverage other forms of funding from private
847	844		sources. A percentage of matching funds, as established by the
848	845		advisory council, must come from private, non-governmental
849	846		sources. The board may not use more than 15 percent of the
850	847		monies in the fund for administrative and operational costs
851	848		incurred in the implementation and administration of this
852	849		section. The board's statutory obligations pursuant to this
853		-	chapter shall be contingent upon the appropriation of funding.
854	850		393
855	851		394
856	852		395
857	853		396
858	854		397
859	855		398
860	856		399
861	857		400
862	858		401
863	859		402
864	860		403
865	861		404
866	862		405
867	863		406
868	864		407
869	865		408
870	866		409
871	867		410
872	868		411
873	869		412
874	870		413
875	871		414
876	872		415
877	873		416
878	874		417
879	875		418
880	876		419
881		-	420 HB198 ~~Enrolled~~
	877	+	420 HB198 Engrossed
882	878		Page 16
	879	+	section. The board's statutory obligations pursuant to this
883	880		chapter shall be contingent upon the appropriation of funding.
884	881		(b) The board, in cooperation with public and private
885	882		sector partners, shall establish a program to provide funding
886	883		mechanisms for tool grants, program incentives, supplies,
887	884		mobile facilities, and other programs to support the
888	885		development and continuation of construction trade education
889	886		programs in the state.
890	887		(c) The board shall administer the program and shallmay
891	888		apply for funds from federal grant programs and other
892	889		applicable funding sources authorized by law.
893	890		(d)(1) The Alabama Construction Trade Advisory Council
894	891		is established. The advisory council shall consist of the
895	892		following members:
896	893		a. One member appointed by and currently serving on the
897	894		Home Builders Licensure Board.
898	895		b. One member appointed by and currently serving on the
899	896		State of Alabama Plumbers and Gas Fitters Examining Board.
900	897		c. One member appointed by and currently serving on the
901		-	~~State~~ Licensing Board for General Contractors.
	898	+	Licensing Board for General Contractors.
902	899		d. One member appointed by and currently serving on the
903	900		State Board of Heating, Air Conditioning, and Refrigeration
904	901		Contractors.
905	902		e. One member appointed by and currently serving on the
906	903		Alabama Board of Electrical Contractors.
907	904		f. One appointee of the State Department of Education
908	905		who specializes in technical trade education.
909	906		g. One appointee of the Alabama Community College
910	907		System who specializes in technical trade education.
911		-	(2) Members of the advisory council shall be appointed
912	908		421
913	909		422
914	910		423
915	911		424
916	912		425
917	913		426
918	914		427
919	915		428
920	916		429
921	917		430
922	918		431
923	919		432
924	920		433
925	921		434
926	922		435
927	923		436
928	924		437
929	925		438
930	926		439
931	927		440
932	928		441
933	929		442
934	930		443
935	931		444
936	932		445
937	933		446
938	934		447
939		-	448 HB198 ~~Enrolled~~
	935	+	448 HB198 Engrossed
940	936		Page 17
	937	+	System who specializes in technical trade education.
941	938		(2) Members of the advisory council shall be appointed
942	939		for a period of one year. Membership on the advisory council
943	940		shall be without compensation, except for reimbursement of
944	941		necessary travel expenses as is paid to state employees for
945	942		attending meetings and other necessary events of the advisory
946	943		council. Any expenses paid to a member of the advisory council
947	944		shall be paid by the member's appointing authority.
948	945		(e) The advisory council shall make recommendations to
949	946		the board, and the board shall establish program guidelines,
950	947		promote the program statewide, evaluate applications for
951	948		funds, distribute funds, and monitor and report the effect of
952	949		the funding on the availability of construction trade
953	950		education. The board may adopt rules to implement and
954	951		administer this section.
955	952		(f) The advisory council shall recommend and the board
956	953		shall establish monitoring and accountability mechanisms for
957	954		projects receiving funding. Not later than the fifth
958	955		legislative day of each regular legislative session, the board
959	956		shall file a report to the Legislature on the projects funded,
960	957		the geographic distribution of projects funded, the private
961	958		sector participation rates in funded projects, the
962	959		administrative costs of the program, and the outcomes of the
963	960		program, including the number of students and adult learners
964	961		trained by each project funded through the program.
965	962		(g) The advisory council shall recommend and the board
966	963		shall create eligibility guidelines and provide project
967	964		funding through an application process. Projects eligible for
968	965		funding include the following:
969		-	(1) Mobile demonstration units that show the various
970	966		449
971	967		450
972	968		451
973	969		452
974	970		453
975	971		454
976	972		455
977	973		456
978	974		457
979	975		458
980	976		459
981	977		460
982	978		461
983	979		462
984	980		463
985	981		464
986	982		465
987	983		466
988	984		467
989	985		468
990	986		469
991	987		470
992	988		471
993	989		472
994	990		473
995	991		474
996	992		475
997		-	476 HB198 ~~Enrolled~~
	993	+	476 HB198 Engrossed
998	994		Page 18
	995	+	funding include the following:
999	996		(1) Mobile demonstration units that show the various
1000	997		systems of a structure and how they interconnect.
1001	998		(2) Tool and supply grants for public and private
1002	999		educational providers that provide construction trade
1003	1000		education.
1004	1001		(3) Incentives for newly established construction trade
1005	1002		education courses, with priority given to carpentry courses.
1006	1003		(4) Adult education initiatives that provide continued
1007	1004		learning opportunities through mobile training facilities or
1008	1005		distance learning opportunities with priority focus on those
1009	1006		serving underserved areas and widely offered trainings.
1010	1007		(5) Any other proposal that in the opinion of the board
1011	1008		would address the need for construction trade education in the
1012	1009		state.
1013	1010		(h) An applicant may be a nonprofit organization,
1014	1011		not-for-profit entity, public school system, two-year college,
1015	1012		university, or other governmental entity. An applicant for
1016	1013		funding shall do all of the following:
1017	1014		(1) Demonstrate its capacity to successfully implement
1018	1015		the proposal.
1019	1016		(2) Demonstrate how the proposal shall positively
1020	1017		impact construction trade education in the state.
1021	1018		(3) Demonstrate private sector support through matching
1022	1019		funding.
1023	1020		(4) Establish an advisory council consisting of at
1024	1021		least three active trade representatives from the construction
1025	1022		trade being funded.
1026	1023		(5) For a period of not less than five years, agree to
1027		-	comply with the following conditions:
1028	1024		477
1029	1025		478
1030	1026		479
1031	1027		480
1032	1028		481
1033	1029		482
1034	1030		483
1035	1031		484
1036	1032		485
1037	1033		486
1038	1034		487
1039	1035		488
1040	1036		489
1041	1037		490
1042	1038		491
1043	1039		492
1044	1040		493
1045	1041		494
1046	1042		495
1047	1043		496
1048	1044		497
1049	1045		498
1050	1046		499
1051	1047		500
1052	1048		501
1053	1049		502
1054	1050		503
1055		-	504 HB198 ~~Enrolled~~
	1051	+	504 HB198 Engrossed
1056	1052		Page 19
	1053	+	(5) For a period of not less than five years, agree to
1057	1054		comply with the following conditions:
1058	1055		a. Offer the courses funded through this section for a
1059	1056		period of not less than five years.
1060	1057		b. Comply with all data collection and reporting
1061	1058		requirements established by the board.
1062	1059		(i) In determining which qualified projects to fund,
1063	1060		the board shall consider all of the following factors:
1064	1061		(1) The level of private sector support for the
1065	1062		project.
1066	1063		(2) The level of need in the area in which the funding
1067	1064		is directed.
1068	1065		(3) The projected number of students that will be
1069	1066		served.
1070	1067		(4) The degree to which the project will have a
1071	1068		positive impact on the availability of construction trade
1072	1069		education in the area to be served.
1073	1070		(5) The degree to which the project will leverage
1074	1071		public and private sector funds.
1075	1072		(j) The board shall establish program guidelines that
1076	1073		require matching funds on all funded projects. A minimum of 10
1077	1074		percent of matching funds shall be provided by private,
1078	1075		non-governmental sources. Total matching funds required may
1079	1076		not be required to exceed 25 percent of awarded state funds,
1080	1077		although additional consideration may be provided to projects
1081	1078		that exceed this amount.
1082	1079		(k) In the event that a recipient of funding provided
1083	1080		by this section fails to provide the proposed project in
1084	1081		accordance with the guidelines set forth by the board, any
1085		-	equipment, supplies, or materials acquired with the funding
1086	1082		505
1087	1083		506
1088	1084		507
1089	1085		508
1090	1086		509
1091	1087		510
1092	1088		511
1093	1089		512
1094	1090		513
1095	1091		514
1096	1092		515
1097	1093		516
1098	1094		517
1099	1095		518
1100	1096		519
1101	1097		520
1102	1098		521
1103	1099		522
1104	1100		523
1105	1101		524
1106	1102		525
1107	1103		526
1108	1104		527
1109	1105		528
1110	1106		529
1111	1107		530
1112	1108		531
1113		-	532 HB198 ~~Enrolled~~
	1109	+	532 HB198 Engrossed
1114	1110		Page 20
	1111	+	accordance with the guidelines set forth by the board, any
1115	1112		equipment, supplies, or materials acquired with the funding
1116	1113		shall be transferred to the Alabama Home Builders Foundation
1117	1114		for redistribution to public or private programs that provide
1118	1115		construction trade education to high school, postsecondary, or
1119	1116		adult learners supported by this section.
1120	1117		(l) Any and all proceeds from the sale of equipment,
1121	1118		supplies, or materials acquired through academy funding shall
1122	1119		go into the fund."
1123	1120		Section 3. Sections 34-14A-12.1 and 34-14A-12.2 are
1124	1121		added to the Code of Alabama 1975, to read as follows:
1125	1122		§34-14A-12.1
1126	1123		Beginning January 1, 2027, a residential home builder
1127	1124		within this state who constructs, renovates, or repairs a
1128	1125		residence or structure shall do so in accordance with the
1129		-	~~applicable~~ residential building code adopted pursuant to
1130		-	~~Section~~ 34-14A-12 or, if applicable, the local jurisdiction's
	1126	+	Alabama Residential Building Code adopted pursuant to Section
	1127	+	34-14A-12 or, if applicable, the local jurisdiction's
1131	1128		residential building code.
1132	1129		§34-14A-12.2
1133	1130		(a) Beginning on October 1, 2024, the Home Builders
1134	1131		Licensure Board and any other state, municipal, or county
1135	1132		governing body may not adopt or amend a building code,
1136	1133		ordinance, resolution, or rule that would restrict a
1137	1134		consumer's ability to elect to install, by the consumer's
1138	1135		choice and for a fee, or require the installation of, a
1139	1136		residential fire sprinkler system in any residence or
1140	1137		structure as defined by this chapter.
1141	1138		(b) Notwithstanding subsection (a), a county commission
1142	1139		or municipal governing body that adopted any ordinance,
1143		-	resolution, or other building code on or before March 9, 2010,
1144	1140		533
1145	1141		534
1146	1142		535
1147	1143		536
1148	1144		537
1149	1145		538
1150	1146		539
1151	1147		540
1152	1148		541
1153	1149		542
1154	1150		543
1155	1151		544
1156	1152		545
1157	1153		546
1158	1154		547
1159	1155		548
1160	1156		549
1161	1157		550
1162	1158		551
1163	1159		552
1164	1160		553
1165	1161		554
1166	1162		555
1167	1163		556
1168	1164		557
1169	1165		558
1170	1166		559
1171		-	560 HB198 ~~Enrolled~~
	1167	+	560 HB198 Engrossed
1172	1168		Page 21
	1169	+	or municipal governing body that adopted any ordinance,
1173	1170		resolution, or other building code on or before March 9, 2010,
1174	1171		relating to the installation of a residential fire sprinkler
1175	1172		system, may continue to enforce or amend the ordinance,
1176	1173		resolution, or building code.
1177	1174		Section 4. Article 2, commencing with Section
1178	1175		34-14A-41, is added to Chapter 14A of Title 34, Code of
1179	1176		Alabama 1975, to read as follows:
1180	1177		Article 2.
1181	1178		§34-14A-41
1182	1179		(a)(1) The Alabama Residential Building Code Division
1183	1180		is established within the Home Builders Licensure Board. The
1184	1181		executive director of the board may employ staff as necessary
1185	1182		to carry out the duties of the division.
1186		-	(2) The board may coordinate with the state energy
1187		-	office to identify and apply for funds from federal grant
1188		-	programs and other applicable funding sources authorized by
1189		-	law.
	1183	+	(2) The board and the division's statutory
	1184	+	administration and enforcement obligations pursuant to this
	1185	+	chapter shall be contingent upon the appropriation of funding.
1190	1186		(b) The division shall be responsible for taking action
1191	1187		upon any and all recommendations made by the Alabama
1192	1188		Residential Building Code Advisory Council and ratified by the
1193	1189		board for the furtherance of its statutory purpose.
1194	1190		§34-14A-42
1195	1191		The executive director of the board may employ staff
1196	1192		necessary to carry out the duties of the division, including a
1197	1193		division administrator, programs support personnel,
1198	1194		administrative support personnel, and any other personnel
1199	1195		necessary to carry out the statutory purpose of the division
1200		-	for the administration and ~~implementation~~ of the ~~Alabama~~
1201		-	Residential Building Code.
	1196	+	for the administration, implementation, and enforcement of the
	1197	+	Alabama Residential Building Code.
1202	1198		561
1203	1199		562
1204	1200		563
1205	1201		564
1206	1202		565
1207	1203		566
1208	1204		567
1209	1205		568
1210	1206		569
1211	1207		570
1212	1208		571
1213	1209		572
1214	1210		573
1215	1211		574
1216	1212		575
1217	1213		576
1218	1214		577
1219	1215		578
1220	1216		579
1221	1217		580
1222	1218		581
1223	1219		582
1224	1220		583
1225	1221		584
1226	1222		585
1227	1223		586
1228	1224		587
1229		-	588 HB198 ~~Enrolled~~
	1225	+	588 HB198 Engrossed
1230	1226		Page 22
1231		-	Residential Building Code.
	1227	+	Alabama Residential Building Code.
1232	1228		§34-14A-43
1233	1229		(a) The division shall use funds distributed to the
1234	1230		Alabama Residential Building Code Fund for the purpose of
1235		-	administering the Alabama Residential Building Code.
	1231	+	administrating and enforcing the Alabama Residential Building
	1232	+	Code.
1236	1233		(b) Subject to availability of funds and upon request
1237	1234		from a local jurisdiction, the division shall provide matching
1238	1235		funds to local jurisdictions that have also applied for funds
1239	1236		from federal grant programs and other applicable funding
1240	1237		sources authorized by law to support local adoption and
1241	1238		implementation of the Alabama Residential Building Code.
1242	1239		(c) The division shall work with the State Energy
1243	1240		Office to ensure that all applicable federal regulations
1244	1241		regarding the residential energy code are met.
1245	1242		§34-14A-44
1246	1243		(a) The Alabama Residential Building Code Fund is
1247	1244		established within the State Treasury. The fund shall be
1248	1245		administered by the board for the administration and operation
1249		-	of the division.
	1246	+	of the division and the enforcement of the Alabama Residential
	1247	+	Building Code.
1250	1248		(b) Receipts deposited into the fund shall be disbursed
1251	1249		only by warrants of the state Comptroller drawn upon the State
1252	1250		Treasury on itemized vouchers approved by the executive
1253	1251		director of the board.
1254	1252		(c) No funds shall be withdrawn or expended except as
1255	1253		budgeted and allotted according to Sections 41-4-80 to
1256	1254		41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, and
1257	1255		only in amounts as stipulated in the general appropriations
1258		-	act, other appropriation acts, or this section.
1259		-	(d) At the end of each fiscal year, any unencumbered
1260	1256		589
1261	1257		590
1262	1258		591
1263	1259		592
1264	1260		593
1265	1261		594
1266	1262		595
1267	1263		596
1268	1264		597
1269	1265		598
1270	1266		599
1271	1267		600
1272	1268		601
1273	1269		602
1274	1270		603
1275	1271		604
1276	1272		605
1277	1273		606
1278	1274		607
1279	1275		608
1280	1276		609
1281	1277		610
1282	1278		611
1283	1279		612
1284	1280		613
1285	1281		614
1286	1282		615
1287		-	616 HB198 ~~Enrolled~~
	1283	+	616 HB198 Engrossed
1288	1284		Page 23
	1285	+	only in amounts as stipulated in the general appropriations
	1286	+	act, other appropriation acts, or this section.
1289	1287		(d) At the end of each fiscal year, any unencumbered
1290	1288		balance of up to 25 percent of the amount appropriated for
1291	1289		that fiscal year shall not revert to the State General Fund
1292	1290		under Section 41-4-93, but shall carry over to the next fiscal
1293	1291		year within the Alabama Residential Building Code Fund, and
1294	1292		any unencumbered balance over 25 percent of the amount
1295	1293		appropriated for that fiscal year shall revert to the State
1296	1294		General Fund.
1297		-	Section 5. Article 3, commencing with Section
1298		-	~~34-14A-80~~, is added to Chapter ~~14A~~ of Title 34, Code of
1299		-	~~Alabama~~ 1975, to read as follows:
1300		-	Article 3.
1301		-	§~~34-14A-80~~
	1295	+	Section 5. Article 6A, commencing with Section
	1296	+	41-9-175, is added to Chapter 9 of Title 41, Code of Alabama
	1297	+	1975, to read as follows:
	1298	+	Article 6A.
	1299	+	§41-9-175
1302	1300		(a) The Alabama Residential Building Code Advisory
1303	1301		Council is established.
1304	1302		(b) The council shall consist of the following members:
1305		-	(1) The State Fire Marshal, or his or her designee.
1306		-	(2) The Director of the Emergency Management Agency, or
	1303	+	(1) One member appointed by the Commissioner of
	1304	+	Insurance to represent the largest domestic property and
	1305	+	casualty provider in the state.
	1306	+	(2) The State Fire Marshal, or his or her designee.
	1307	+	(3) The Director of the Emergency Management Agency, or
1307	1308		his or her designee.
1308		-	(3) The Executive Director of the Home Builders
	1309	+	(4) The Executive Director of the Home Builders
1309	1310		Licensure Board, or his or her designee.
1310		-	(4) One member appointed by the Home Builders Licensure
	1311	+	(5) One member appointed by the Home Builders Licensure
1311	1312		Board.
1312		-	(5) One member appointed by the State Board of Heating,
1313		-	Air Conditioning, and Refrigeration Contractors.
1314		-	(6) One member appointed by the State of Alabama
1315		-	Plumbers and Gas Fitters Examining Board.
1316		-	(7) One member appointed by the Governor to represent
1317		-	the private, investor-owned, electric utility industry.
	1313	+	(6) One member appointed by the State Board of Heating,
1318	1314		617
1319	1315		618
1320	1316		619
1321	1317		620
1322	1318		621
1323	1319		622
1324	1320		623
1325	1321		624
1326	1322		625
1327	1323		626
1328	1324		627
1329	1325		628
1330	1326		629
1331	1327		630
1332	1328		631
1333	1329		632
1334	1330		633
1335	1331		634
1336	1332		635
1337	1333		636
1338	1334		637
1339	1335		638
1340	1336		639
1341	1337		640
1342	1338		641
1343	1339		642
1344	1340		643
1345		-	644 HB198 ~~Enrolled~~
	1341	+	644 HB198 Engrossed
1346	1342		Page 24
	1343	+	(6) One member appointed by the State Board of Heating,
	1344	+	Air Conditioning, and Refrigeration Contractors.
	1345	+	(7) One member appointed by the Governor to represent
1347	1346		the private, investor-owned, electric utility industry.
1348		-	(8) One member appointed by the Governor to represent
1349		-	the natural gas industry.
1350		-	(9) One member appointed by the Governor to represent
1351		-	the property and casualty insurance industry.
1352		-	(10) One member appointed by the Governor to represent
1353		-	the consumers of the state.
1354		-	(11) One member appointed by the American Council of
	1347	+	(8) One member appointed by the Lieutenant Governor to
	1348	+	represent the natural gas industry.
	1349	+	(9) One member appointed by the American Council of
1355	1350		Engineering Companies of Alabama.
1356		-	(12) One member appointed by the Alabama League of
	1351	+	(10) One member appointed by the Alabama League of
1357	1352		Municipalities.
1358		-	(13) One member appointed by the Association of County
	1353	+	(11) One member appointed by the Association of County
1359	1354		Commissions of Alabama.
1360		-	(14) One member appointed by the Alabama Council of the
	1355	+	(12) One member appointed by the Alabama Council of the
1361	1356		American Institute of Architects.
1362		-	(15) One member appointed by the Home Builders
	1357	+	(13) One member appointed by the Home Builders
1363	1358		Association of Alabama.
1364		-	(16) One member appointed by the Code Officials
	1359	+	(14) One member appointed by the Code Officials
1365	1360		Association of Alabama.
	1361	+	(15) One member appointed by the Commissioner of
	1362	+	Insurance to represent the largest foreign property and
	1363	+	casualty insurance provider in the state.
	1364	+	(16) One member appointed by the State of Alabama
	1365	+	Plumbers and Gas Fitters Examining Board.
1366	1366		(17) One member appointed by the Alabama Rural Electric
1367		-	Association of Cooperatives.
1368		-	(c) Membership of the council shall be inclusive and
1369		-	reflect the racial, gender, geographic, urban, rural, and
1370		-	economic diversity of the state.
1371		-	(d) The initial appointments shall begin January 1,
1372		-	2025. Appointments shall be for a term of six years. Each
1373		-	appointee may be reappointed for one second six-year term.
1374		-	Each of the appointed members of the council shall be
1375		-	appointed for a six-year term and may be reappointed for a
	1367	+	Association of Cooperatives to represent the rural electric
	1368	+	cooperative industry.
	1369	+	(c) The appointing authorities shall coordinate their
	1370	+	appointments to assure that membership of the council is
	1371	+	inclusive and reflects the racial, gender, geographic, urban,
1376	1372		645
1377	1373		646
1378	1374		647
1379	1375		648
1380	1376		649
1381	1377		650
1382	1378		651
1383	1379		652
1384	1380		653
1385	1381		654
1386	1382		655
1387	1383		656
1388	1384		657
1389	1385		658
1390	1386		659
1391	1387		660
1392	1388		661
1393	1389		662
1394	1390		663
1395	1391		664
1396	1392		665
1397	1393		666
1398	1394		667
1399	1395		668
1400	1396		669
1401	1397		670
1402	1398		671
1403		-	672 HB198 ~~Enrolled~~
	1399	+	672 HB198 Engrossed
1404	1400		Page 25
1405		-	appointed for a six-year term and may be reappointed for a
1406		-	second six-year term.
1407		-	§34-14A-81
	1401	+	inclusive and reflects the racial, gender, geographic, urban,
	1402	+	rural, and economic diversity of the state.
	1403	+	(d) Each of the appointed members of the council shall
	1404	+	be appointed for a six-year term, the term to begin on January
	1405	+	1, 2025, and may be reappointed for a second six-year term
	1406	+	pursuant to the appointing authority.
	1407	+	§41-9-175.01
1408	1408		(a) The first meeting of the council shall be called by
1409		-	the executive director of the ~~Home Builders Licensure~~ Board no
1410		-	~~later than March 1,~~ 2025. The executive director shall preside
1411		-	~~until a chair and a~~ vice chair are selected by the council.
1412		-	~~The council shall~~ elect from its own members a chair, a vice
1413		-	~~chair, and other~~ officers as it may deem desirable.
	1409	+	the executive director of the board no later than March 1,
	1410	+	2025. The executive director shall preside until a chair and a
	1411	+	vice chair are selected by the council. The council shall
	1412	+	elect from its own members a chair, a vice chair, and other
	1413	+	officers as it may deem desirable.
1414	1414		(b) The council shall hold meetings at the call of the
1415		-	chair of the ~~council~~ to ~~propose a recommended Alabama~~
1416		-	Residential Building Code to the ~~Home Builders Licensure~~
1417		-	Board. Thereafter, the council shall ~~meet from time to time,~~
1418		-	at the call of the chair of the ~~council or at the request of~~
1419		-	the ~~executive director~~ of the board, to consider updates and
	1415	+	chair of the board or at the recommendation of the board to
	1416	+	propose a recommended Alabama Residential Building Code to the
	1417	+	Home Builders Licensure Board. Thereafter, the council shall
	1418	+	meet from time to time, at the call of the chair of the board
	1419	+	or at the request of the board, to consider updates and
1420	1420		amendments to the code. Meetings shall be held at a time and
1421	1421		place as designated or specified in its rules.
1422	1422		(c) A majority of the members of the council shall
1423	1423		constitute a quorum at all of its meetings, and adoption or
1424	1424		resolution of any business shall require the concurrence of a
1425		-	majority of all members of the council. An agenda for the
	1425	+	majority of all the members of the council. An agenda for the
1426	1426		meetings in sufficient detail to indicate the terms on which
1427	1427		final action is contemplated shall be submitted by the
1428	1428		administrator to the chair, vice chair, and council members
1429	1429		prior to the meeting.
1430		-	(d) All meetings of the council shall be held in
1431		-	accordance with the Alabama Open Meetings Act, Chapter 25A of
1432		-	Title 36.
1433		-	(e) The administrator of the Alabama Residential
1434	1430		673
1435	1431		674
1436	1432		675
1437	1433		676
1438	1434		677
1439	1435		678
1440	1436		679
1441	1437		680
1442	1438		681
1443	1439		682
1444	1440		683
1445	1441		684
1446	1442		685
1447	1443		686
1448	1444		687
1449	1445		688
1450	1446		689
1451	1447		690
1452	1448		691
1453	1449		692
1454	1450		693
1455	1451		694
1456	1452		695
1457	1453		696
1458	1454		697
1459	1455		698
1460	1456		699
1461		-	700 HB198 ~~Enrolled~~
	1457	+	700 HB198 Engrossed
1462	1458		Page 26
	1459	+	prior to the meeting.
	1460	+	(d) All meetings of the council shall be held in
	1461	+	accordance with the Alabama Open Meetings Act, Chapter 25A of
	1462	+	Title 36.
1463	1463		(e) The administrator of the Alabama Residential
1464	1464		Building Code Division shall serve as ex officio secretary of
1465	1465		the council, keep a record of the proceedings of all council
1466	1466		meetings, and perform other duties as may be directed by the
1467	1467		council.
1468	1468		(f) The council may establish committees among its
1469	1469		membership, as it deems necessary, to assist in the conduct of
1470	1470		its business.
1471		-	§~~34-14A-82~~
	1471	+	§41-9-175.02
1472	1472		(a) By October 1, 2025, the council shall submit to the
1473	1473		Home Builders Licensure Board for adoption the proposed
1474	1474		Alabama Residential Building Code. The board may adopt or
1475		-	reject the code as proposed by the council.
	1475	+	amend the proposed minimum statewide residential building code
	1476	+	prior to adoption.
1476	1477		(b) The proposed Alabama Residential Building Code, and
1477	1478		any subsequent amendment to the code, shall be based upon a
1478	1479		published edition of the Alabama Energy and Residential Code
1479	1480		as adopted and amended from the International Residential Code
1480	1481		(IRC) and the International Energy Conservation Code (IECC).
1481	1482		Subsequent recommendations for adoptions or amendments to the
1482	1483		Alabama Residential Building Code shall be based upon
1483	1484		published editions of the IRC and IECC. In addition, the
1484	1485		council shall take into consideration provisions for sealed
1485	1486		roof decks and related roof construction standards contained
1486	1487		in either the Coastal Construction Code Supplement or the
1487		-	Inland Construction Code Supplement as well as standards
1488		-	related to energy efficiency pertaining to residential
1489		-	construction.
1490		-	(c) The council shall make recommendations with respect
1491		-	to all matters pertaining to the implementation of the Alabama
1492	1488		701
1493	1489		702
1494	1490		703
1495	1491		704
1496	1492		705
1497	1493		706
1498	1494		707
1499	1495		708
1500	1496		709
1501	1497		710
1502	1498		711
1503	1499		712
1504	1500		713
1505	1501		714
1506	1502		715
1507	1503		716
1508	1504		717
1509	1505		718
1510	1506		719
1511	1507		720
1512	1508		721
1513	1509		722
1514	1510		723
1515	1511		724
1516	1512		725
1517	1513		726
1518	1514		727
1519		-	728 HB198 ~~Enrolled~~
	1515	+	728 HB198 Engrossed
1520	1516		Page 27
	1517	+	in either the Coastal Construction Code Supplement or the
	1518	+	Inland Construction Code Supplement as well as standards
	1519	+	related to energy efficiency pertaining to residential
	1520	+	construction.
	1521	+	(c) The council shall make recommendations with respect
1521	1522		to all matters pertaining to the implementation of the Alabama
1522	1523		Residential Building Code.
1523	1524		(d) When adopted by the board, recommendations of the
1524	1525		council shall be administered by the division.
1525		-	§~~34-14A-83~~
1526		-	At the direction of the board, the council ~~may perform~~
1527		-	~~any of~~ the following:
	1526	+	§41-9-175.03
	1527	+	(a) At the direction of the board, the council shall do
	1528	+	all the following:
1528	1529		(1) Propose to the board for consideration of adoption
1529		-	of an Alabama Residential Building Code ~~and Alabama~~
1530		-	~~Residential Energy~~ Code ~~or amendments to the codes~~.
	1530	+	of an Alabama Residential Building Code or amendments to the
	1531	+	code.
1531	1532		(2) Evaluate, assess, advise, and counsel the division
1532		-	on the Alabama Residential Building Code and Alabama
1533		-	Residential Energy Code and the impact of the codes upon the
1534		-	economy and the environment.
	1533	+	on the Alabama Residential Building Code and the impact of the
	1534	+	code upon the economy and the environment.
1535	1535		(3) Solicit and enlist the cooperation of all
1536	1536		appropriate private-sector and community-based organizations
1537	1537		to implement this article.
1538	1538		(4) Make continuing studies, evaluations, and surveys,
1539	1539		upon the request of the board, of the needs and impacts of the
1540		-	Alabama Residential Building Code and Alabama Residential
1541		-	Energy Code.
	1540	+	Alabama Residential Building Code.
1542	1541		(5) Adopt rules for the conduct of the council
1543	1542		meetings, procedures, and execution of the purpose, functions,
1544	1543		powers, and duties delegated to it by this section.
1545	1544		(6) Conduct a program of public information in order to
1546	1545		inform the units of local government, residential home
1547		-	builders, and the residents of the state on the importance of
1548		-	the residential building and energy codes.
1549		-	(7) The council shall work with the state energy office
1550	1546		729
1551	1547		730
1552	1548		731
1553	1549		732
1554	1550		733
1555	1551		734
1556	1552		735
1557	1553		736
1558	1554		737
1559	1555		738
1560	1556		739
1561	1557		740
1562	1558		741
1563	1559		742
1564	1560		743
1565	1561		744
1566	1562		745
1567	1563		746
1568	1564		747
1569	1565		748
1570	1566		749
1571	1567		750
1572	1568		751
1573	1569		752
1574	1570		753
1575	1571		754
1576	1572		755
1577		-	756 HB198 ~~Enrolled~~
	1573	+	756 HB198 Engrossed
1578	1574		Page 28
1579		-	(7) The council shall work with the state energy office
1580		-	to review applicable federal regulations regarding the
1581		-	residential energy codes and any amendments thereto, and upon
1582		-	notification of any applicable federal regulation or law,
1583		-	consider and review the most recent published version of the
1584		-	Alabama Residential Building Code and Alabama Residential
1585		-	Energy Code.
1586		-	Section 6. Article 3, commencing with Section 34-8-50,
1587		-	is added to Chapter 8 of Title 34, Code of Alabama 1975, to
	1575	+	inform the units of local government, residential home
	1576	+	builders, and the residents of the state on the importance of
	1577	+	the residential building code.
	1578	+	(7) Recommend to the board qualifications and
	1579	+	certifications for third-party fee-based code inspectors.
	1580	+	Section 6. Sections 41-23-80, 41-23-81, 41-23-82,
	1581	+	41-23-84, and 41-23-85, Code of Alabama 1975, are amended to
1588	1582		read as follows:
1589		-	Article 3.
1590		-	§34-8-50
1591		-	As used in this article, the following terms shall have
1592		-	the following meanings:
1593		-	(1) ALABAMA COMMERCIAL ENERGY CODE. The commercial
1594		-	energy code adopted by the board, and any subsequent
1595		-	amendments, editions, changes, or recompilations thereof.
1596		-	(2) BOARD. The State Licensing Board for General
1597		-	Contractors.
1598		-	(3) COMMITTEE. The Alabama Commercial Energy Code
1599		-	Advisory Committee.
1600		-	(4) DIVISION. The Alabama Commercial Energy Code
1601		-	Division established within the State Licensing Board for
1602		-	General Contractors.
1603		-	§34-8-51
1604		-	(a) The Alabama Commercial Energy Code Division is
1605		-	established within the State Licensing Board for General
1606		-	Contractors.
1607		-	(b) The division shall be responsible for administering
	1583	+	"§41-23-80
	1584	+	The Legislature finds that the development, management,
	1585	+	efficient consumption, and conservation of residential energy
	1586	+	resources are of prime importance throughout this state and
	1587	+	this nation. It is also important to ensure the protection of
	1588	+	the economic and environmental values of Alabama's
	1589	+	citizensresidents. It is the intent of the Legislature to do
	1590	+	each of the following pursuant to this article:
	1591	+	(1) Encourage the conservation and efficient use of
	1592	+	residential energy resources within this state's counties and
	1593	+	municipalities.
	1594	+	(2) Provide a governmental environment that will
	1595	+	promote an initiative for the implementation of the Alabama
	1596	+	Energy and Residential Codes Alabama Commercial Energy Code by
	1597	+	the units of local government.
	1598	+	(3) Advise and assist the units of local government in
	1599	+	adopting the Alabama Energy and Residential Codes Alabama
	1600	+	Commercial Energy Code and implementing those code provisions
	1601	+	within their boundaries.
	1602	+	(4) Promote the identification of energy management
	1603	+	technologies available for residentialcommercial uses, and to
1608	1604		757
1609	1605		758
1610	1606		759
1611	1607		760
1612	1608		761
1613	1609		762
1614	1610		763
1615	1611		764
1616	1612		765
1617	1613		766
1618	1614		767
1619	1615		768
1620	1616		769
1621	1617		770
1622	1618		771
1623	1619		772
1624	1620		773
1625	1621		774
1626	1622		775
1627	1623		776
1628	1624		777
1629	1625		778
1630	1626		779
1631	1627		780
1632	1628		781
1633	1629		782
1634	1630		783
1635		-	784 HB198 ~~Enrolled~~
	1631	+	784 HB198 Engrossed
1636	1632		Page 29
1637		-	~~(b) The division shall be responsible~~ for ~~administering~~
1638		-	~~meetings~~ of ~~the Alabama Commercial Energy Code Advisory~~
1639		-	~~Committee~~ and ~~advising the board on recommendations made by~~
1640		-	the ~~committee for~~ adoption of ~~the Alabama Commercial~~ Energy
1641		-	~~Code.~~
1642		-	~~(c) The executive director of the board may employ~~
1643		-	~~staff as necessary to carry out~~ the ~~duties~~ of ~~the division.~~
1644		-	~~(d)~~ The ~~board may apply for funds from federal grant~~
1645		-	~~programs and other applicable funding sources authorized~~ by
1646		-	~~law.~~
1647		-	~~(e) The division and its duties shall expire upon~~
1648		-	~~sunset of the board unless expressly reauthorized by the~~
1649		-	~~Legislature.~~
1650		-	~~§34-8-52~~
1651		-	~~(a) The Alabama Commercial Energy Code Advisory~~
1652		-	~~Committee is established within the~~ Alabama ~~Commercial Energy~~
1653		-	Code ~~Division of~~ the ~~State Licensing~~ Board ~~for General~~
1654		-	~~Contractors.~~
1655		-	~~(b) The committee shall consist of the following~~
1656		-	~~members:~~
1657		-	~~(1)~~ The ~~Commissioner of Insurance, or his or her~~
1658		-	~~designee.~~
1659		-	~~(2)~~ The ~~Director of the Division of Construction~~
1660		-	~~Management within the Department of Finance, or his or her~~
1661		-	~~designee~~.
1662		-	~~(3) The State Fire Marshal,~~ ~~or his or her designee~~.
1663		-	(4) ~~One member appointed by~~ the ~~State Licensing Board~~
1664		-	~~for General Contractors~~.
1665		-	(5) ~~One member appointed by~~ the Alabama ~~Board for~~
	1633	+	technologies available for residentialcommercial uses, and to
	1634	+	disseminate information to the units of local government about
	1635	+	such technologies and their uses.
	1636	+	(5) Promote the acceptance and adoption of those energy
	1637	+	management technologies for use in all energy-consuming
	1638	+	residentialcommercial facilities throughout this state.
	1639	+	(6) Provide a process for the adoption of modern
	1640	+	building and energy codes by the State of Alabama.
	1641	+	(7) Provide a process by which the State of Alabama
	1642	+	shall adopt required commercial codes in compliance with
	1643	+	federal law."
	1644	+	"§41-23-81
	1645	+	The following terms shall have the meanings
	1646	+	respectively prescribed for them, except when the context
	1647	+	otherwise requires:
	1648	+	(1) ALABAMA ENERGY AND RESIDENTIAL CODES ALABAMA
	1649	+	COMMERCIAL ENERGY CODE . The codes adopted by the board, as
	1650	+	amended by the board, and based on the 2006 Edition of the
	1651	+	International Energy Conservation Code , and ANSI/ASHRAE/IESNA
	1652	+	Standard 90.1-2007 for commercial buildings, and the 2006
	1653	+	International Residential Code published by the International
	1654	+	Code Council, or any subsequent editions, changes, or
	1655	+	recompilations thereof, or any other code which the board
	1656	+	officially adopts.
	1657	+	(2) BOARD. The Alabama Energy and Residential
	1658	+	CodesCommercial Energy Code Board created by this article.
	1659	+	(3) DEPARTMENT. The Alabama Department of Economic and
	1660	+	Community Affairs.
	1661	+	(4) DIVISION. The Energy Division of the Alabama
1666	1662		785
1667	1663		786
1668	1664		787
1669	1665		788
1670	1666		789
1671	1667		790
1672	1668		791
1673	1669		792
1674	1670		793
1675	1671		794
1676	1672		795
1677	1673		796
1678	1674		797
1679	1675		798
1680	1676		799
1681	1677		800
1682	1678		801
1683	1679		802
1684	1680		803
1685	1681		804
1686	1682		805
1687	1683		806
1688	1684		807
1689	1685		808
1690	1686		809
1691	1687		810
1692	1688		811
1693		-	812 HB198 ~~Enrolled~~
	1689	+	812 HB198 Engrossed
1694	1690		Page 30
1695		-	(5) ~~One member appointed by~~ the Alabama ~~Board for~~
1696		-	~~Registration~~ of ~~Architects~~.
1697		-	(6) ~~One member appointed by the Alabama Board~~ of
1698		-	~~Licensure for Professional Engineers and Professional Land~~
1699		-	~~Surveyors.~~
1700		-	(7) ~~One member appointed by~~ the Alabama ~~Electrical~~
1701		-	~~Contractors~~ Board.
1702		-	(8) ~~One member appointed by~~ the ~~Alabama~~ Board of
1703		-	~~Heating, Air Conditioning,~~ and ~~Refrigeration Contractors.~~
1704		-	~~(9) One member~~ appointed by the ~~Governor to represent~~
1705		-	the ~~private, investor-owned, electric utility industry.~~
1706		-	~~(10) One member appointed~~ by the ~~Alabama Rural Electric~~
1707		-	~~Association~~ of ~~Cooperatives.~~
1708		-	~~(11) One member appointed by the Code Officials~~
1709		-	~~Association of Alabama.~~
1710		-	(12) One member ~~appointed by~~ the ~~Alabama League of~~
1711		-	~~Municipalities~~.
1712		-	(13) One member ~~appointed by~~ the ~~Association~~ of ~~County~~
1713		-	~~Commissions of Alabama~~.
1714		-	(c) The ~~members appointed to the committee shall be~~
1715		-	~~legal residents of the state~~ and ~~the appointing authorities~~
1716		-	shall ~~coordinate appointments to reflect~~ the ~~racial~~, ~~gender,~~
1717		-	~~geographic~~, ~~urban, rural,~~ ~~and economic diversity of the state~~.
1718		-	(d) ~~Each~~ member of the ~~committee shall be appointed for~~
1719		-	~~a five-year term, with initial terms to begin on January 1,~~
1720		-	~~2025, and may be reappointed for a second five-year term.~~
1721		-	~~§34-8-53~~
1722		-	(a) ~~The first meeting of the committee~~ shall be ~~called~~
1723		-	~~by the executive director of the board as soon as practicable~~
	1691	+	(4) DIVISION. The Energy Division of the Alabama
	1692	+	Department of Economic and Community Affairs.
	1693	+	(5) UNIT OF LOCAL GOVERNMENT. Any county or
	1694	+	municipality within the State of Alabama."
	1695	+	"§41-23-82
	1696	+	(a) The Alabama Energy and Residential Codes Commercial
	1697	+	Energy Code Board is established.
	1698	+	(b) The board shall consist of 1513 members appointed
	1699	+	by the Governor and two additional members, numbered 1614 and
	1700	+	1715, appointed by the Chair of the Permanent Joint
	1701	+	Legislative Committee on Energy Policy. The members appointed
	1702	+	by the Governor shall be legal residents of the state, and
	1703	+	shall be selected on the basis of their representation of the
	1704	+	following organizations, industries, entities, and
	1705	+	professions:
	1706	+	(1) One member shall represent the Home Builders
	1707	+	Association.
	1708	+	(2)(1) One member shall represent the Board of General
	1709	+	Contractors.
	1710	+	(3)(2) One member shall represent the State Board of
	1711	+	Heating, Air Conditioning, and Refrigeration.
	1712	+	(4)(3) One member shall represent the private,
	1713	+	investor-owned, electric utility industry.
	1714	+	(5)(4) One member shall represent the rural electric
	1715	+	cooperative industry.
	1716	+	(6)(5) One member shall represent the natural gas
	1717	+	industry.
	1718	+	(7)(6) One member shall be a licensed professional
	1719	+	engineer.
1724	1720		813
1725	1721		814
1726	1722		815
1727	1723		816
1728	1724		817
1729	1725		818
1730	1726		819
1731	1727		820
1732	1728		821
1733	1729		822
1734	1730		823
1735	1731		824
1736	1732		825
1737	1733		826
1738	1734		827
1739	1735		828
1740	1736		829
1741	1737		830
1742	1738		831
1743	1739		832
1744	1740		833
1745	1741		834
1746	1742		835
1747	1743		836
1748	1744		837
1749	1745		838
1750	1746		839
1751		-	840 HB198 ~~Enrolled~~
	1747	+	840 HB198 Engrossed
1752	1748		Page 31
1753		-	~~by the executive director of the board as soon as practicable~~
1754		-	~~after January 1,~~ ~~2025~~. ~~The executive director of the board, or~~
1755		-	~~his or her designee,~~ shall ~~preside until a chair and a vice~~
1756		-	~~chair are selected by~~ the ~~committee. The committee shall elect~~
1757		-	~~annually from its own members a chair, a vice chair, and other~~
1758		-	~~officers as it may deem desirable.~~
1759		-	~~(b) The committee shall hold a regular meeting at least~~
1760		-	~~once during each calendar year at a time and place designated~~
1761		-	~~by the board or specified by the committee. Special or~~
1762		-	~~additional meetings may be held upon the call~~ of ~~the chair, a~~
1763		-	~~call signed by at least seven members, or~~ the ~~call of the~~
1764		-	~~executive director of the~~ board. ~~All meetings of the committee~~
1765		-	shall ~~be held in accordance with~~ the Alabama ~~Open Meetings~~
1766		-	~~Act, Chapter 25A of Title 36~~.
1767		-	(c) ~~A majority of~~ the ~~members of the committee shall~~
1768		-	~~constitute a quorum at all meetings, and adoption or~~
1769		-	~~resolution~~ of ~~any business shall require~~ the ~~concurrence of a~~
1770		-	~~majority of all members of the~~ committee.
1771		-	~~(d)~~ The committee ~~may establish subcommittees among its~~
1772		-	~~membership, as it deems necessary,~~ ~~to assist in the conduct~~ of
1773		-	~~its business.~~
1774		-	~~(e)~~ The committee ~~may adopt bylaws for the conduct of~~
1775		-	~~the meetings,~~ ~~procedures, and execution of~~ the ~~purpose,~~
1776		-	~~functions, powers,~~ ~~and duties delegated~~ to ~~it by~~ the ~~board.~~
1777		-	~~§34-8-54~~
1778		-	~~The committee~~ shall ~~make recommendations to~~ the ~~board~~
1779		-	~~with respect to the acceptance~~, ~~adoption, and implementation~~
1780		-	~~of the Alabama Commercial Energy Code. In so doing~~, ~~the~~
1781		-	~~committee may perform any~~ of ~~the following functions:~~
	1749	+	engineer.
	1750	+	(8)(7) One member shall represent municipalities.
	1751	+	(9)(8) One member shall represent county governments.
	1752	+	(10)(9) One member shall represent the Alabama Council,
	1753	+	American Institute of Architects.
	1754	+	(11)(10) One member shall represent the Alabama
	1755	+	Liquefied Petroleum Gas Board.
	1756	+	(12)(11) One member shall represent the International
	1757	+	Code Council (ICC) Alabama Chapter, Code Officials Association
	1758	+	of Alabama.
	1759	+	(13) One member shall represent the Home Builders
	1760	+	Licensure Board.
	1761	+	(14)(12) One member shall represent the Alabama Joint
	1762	+	Fire Council.
	1763	+	(15)(13) One member shall represent the Property and
	1764	+	Casualty Insurance Industry.
	1765	+	(16)(14) One member shall be a Senate member of the
	1766	+	Permanent Joint Legislative Committee on Energy Policy
	1767	+	selected by the chair of the committee.
	1768	+	(17)(15) One member shall be a House of Representatives
	1769	+	member of the Permanent Joint Legislative Committee on Energy
	1770	+	Policy selected by the chair of the committee.
	1771	+	(c) Each member appointed by the Governor shall be
	1772	+	selected from a list of three candidates provided to the
	1773	+	Governor by the division from each entity listed above. Board
	1774	+	appointees shall be selected on the basis of their interest in
	1775	+	problems concerning residentialcommercial energy resources,
	1776	+	consumption, and conservation, and without regard to political
	1777	+	affiliation. Appointments shall be of such a nature as to aid
1782	1778		841
1783	1779		842
1784	1780		843
1785	1781		844
1786	1782		845
1787	1783		846
1788	1784		847
1789	1785		848
1790	1786		849
1791	1787		850
1792	1788		851
1793	1789		852
1794	1790		853
1795	1791		854
1796	1792		855
1797	1793		856
1798	1794		857
1799	1795		858
1800	1796		859
1801	1797		860
1802	1798		861
1803	1799		862
1804	1800		863
1805	1801		864
1806	1802		865
1807	1803		866
1808	1804		867
1809		-	868 HB198 ~~Enrolled~~
	1805	+	868 HB198 Engrossed
1810	1806		Page 32
1811		-	~~committee may perform any~~ of ~~the following functions:~~
1812		-	~~(1) Propose to~~ the board ~~for consideration~~ of ~~adoption~~
1813		-	of ~~an Alabama Commercial Energy Code or amendments to~~ the ~~code~~
1814		-	~~no less than two years after~~ the ~~date~~ of ~~publication of the~~
1815		-	~~most recent version~~ of the ~~code.~~
1816		-	~~(2) Evaluate,~~ ~~assess, advise~~, and ~~counsel~~ the ~~board or~~
1817		-	~~division on~~ the ~~Alabama Commercial Energy Code and the impact~~
1818		-	~~of the code upon the economy and the environment.~~
1819		-	~~(3) Solicit and enlist the cooperation of all~~
1820		-	~~appropriate private-sector~~ ~~and community-based~~ ~~organizations~~
1821		-	~~for input and information~~ to ~~carry out its duties~~ and
1822		-	~~implement this article.~~
1823		-	~~(4) Make continuing studies,~~ ~~evaluations, and surveys,~~
1824		-	~~on its own initiative or upon the request~~ of the board, of the
1825		-	~~needs and impacts~~ of ~~the Alabama Commercial Energy Code.~~
1826		-	~~(5) Make recommendations~~ to ~~the division for~~ the
1827		-	~~enactment~~ of ~~additional legislation or rules as it deems~~
1828		-	~~necessary.~~
1829		-	~~(6) Work with~~ the ~~State Energy Office to review~~
1830		-	~~applicable federal regulations regarding~~ the ~~commercial energy~~
1831		-	~~code.~~
1832		-	~~§34-8-55~~
1833		-	~~(a) By December 31~~, ~~2025, the committee shall submit to~~
1834		-	~~the board for adoption the proposed Alabama Commercial Energy~~
1835		-	~~Code. Thereafter~~, the ~~committee shall review and propose~~
1836		-	~~adoption of the code or amendments to the code no less than~~
1837		-	~~two years after the date of publication of the most recent~~
1838		-	~~version of the code~~.
1839		-	~~(b) The proposed Alabama Commercial Energy Code, and~~
	1807	+	affiliation. Appointments shall be of such a nature as to aid
	1808	+	the work of the board and to inspire the highest degree of
	1809	+	coordination and cooperation. All members of the board shall
	1810	+	be deemed members at-large charged with the responsibility of
	1811	+	serving the best interests of the board, the division, the
	1812	+	units of local government, and the state. No member shall act
	1813	+	as the representative of any particular region, United States
	1814	+	congressional district in Alabama, or state Senate or
	1815	+	legislative district in Alabama.
	1816	+	(d) The board shall exercise authority with respect to
	1817	+	all matters pertaining to the acceptance, adoption, and
	1818	+	implementation of the Alabama Energy and Residential
	1819	+	CodesCommercial Energy Code by the State of Alabama. Decisions
	1820	+	of the board shall be administered by the chief of the
	1821	+	division with the assistance of such other officers and
	1822	+	department employees as are deemed necessary to carry out the
	1823	+	purpose, functions, duties, and activities of the board.
	1824	+	(e) The membership of the board shall be inclusive and
	1825	+	should reflect the racial, gender, geographic,
	1826	+	urban/ruralurban, rural, and economic diversity of the state.
	1827	+	(f) This article shall not apply to the erection or
	1828	+	construction of a farm structure. The term farm structure, for
	1829	+	the purposes of this actsubsection, means a structure that is
	1830	+	constructed on a farm, other than a residence or a structure
	1831	+	attached to it, for use on the farm including, but not limited
	1832	+	to, barns, sheds, and poultry houses. A farm structure does
	1833	+	not include a structure originally qualifying as a farm
	1834	+	structure but later converted to another use."
	1835	+	"§41-23-84
1840	1836		869
1841	1837		870
1842	1838		871
1843	1839		872
1844	1840		873
1845	1841		874
1846	1842		875
1847	1843		876
1848	1844		877
1849	1845		878
1850	1846		879
1851	1847		880
1852	1848		881
1853	1849		882
1854	1850		883
1855	1851		884
1856	1852		885
1857	1853		886
1858	1854		887
1859	1855		888
1860	1856		889
1861	1857		890
1862	1858		891
1863	1859		892
1864	1860		893
1865	1861		894
1866	1862		895
1867		-	896 HB198 ~~Enrolled~~
	1863	+	896 HB198 Engrossed
1868	1864		Page 33
1869		-	(b) The proposed Alabama Commercial Energy Code, and
1870		-	any amendments, changes, editions, or recompilations thereof,
1871		-	shall be based upon the most recent versions of the
1872		-	International Energy Conservation Code (IECC) or the
1873		-	ANSI/ASHRAE/IES Standard 90.1.
1874		-	(c) The board shall review the proposed Alabama
1875		-	Commercial Energy Code from the committee and publish the
1876		-	final version of the Alabama Commercial Energy Code.
1877		-	Section 7. Article 5, comprised of Sections 41-23-80
1878		-	through 41-23-85, Code of Alabama 1975, relating to the
1879		-	Alabama Energy and Residential Codes Board within the Alabama
1880		-	Department of Economic and Community Affairs, is repealed.
1881		-	Section 8. (a) A local building code adopted or amended
1882		-	by any county or municipality after January 1, 2027, shall
1883		-	meet the minimum standards of the Alabama Residential Building
1884		-	Code in effect at the time of the local building code adoption
1885		-	or amendment and shall not exceed the energy provisions of the
1886		-	Alabama Residential Building Code, unless compliance with any
1887		-	federal mandate requires such adoption or amendment.
1888		-	(b) A county commission or municipality shall provide
1889		-	to the board a copy of any resolution, ordinance, or agreement
1890		-	adopted pursuant to Section 11-40-10(b)(2), Code of Alabama
1891		-	1975, within 10 business days of its adoption.
1892		-	Section 9. This act shall become effective on October
1893		-	1, 2024.
	1865	+	"§41-23-84
	1866	+	(a) The first meeting of the board shall be called by
	1867	+	the chief of the division as soon as is practicable after July
	1868	+	31, 1995. The division chief shall preside until a chair and a
	1869	+	vice chair are selected by the board. The board shall elect
	1870	+	annually from its own members a chair, a vice chair, and such
	1871	+	other officers as it may deem desirable, and shall adopt rules
	1872	+	for its organization in the conduct of its business.
	1873	+	(b) The board shall hold a regular meeting at least
	1874	+	once during each calendar year at a time and place as
	1875	+	designated or specified in its rules. Special or additional
	1876	+	meetings may be held on a call of the chair, upon a call
	1877	+	signed by at least seven members, or upon a call by the
	1878	+	division chief.
	1879	+	(c) A majority of the members of the board shall
	1880	+	constitute a quorum at all its meetings, and adoption or
	1881	+	resolution of any business shall require the concurrence of a
	1882	+	majority of all the members of the board. An agenda for the
	1883	+	meetings in sufficient detail to indicate the terms on which
	1884	+	final action is contemplated shall be mailedprovided by the
	1885	+	division chief to the chair, vice chair, and board members at
	1886	+	least 30 days prior to the meeting.
	1887	+	(d) The division chief shall serve as ex officio
	1888	+	secretary of the board, and shall keep a record of the
	1889	+	proceedings of all board meetings , and perform such other
	1890	+	duties as may be delegated by the board. The division chief
	1891	+	shall not receive any additional compensation for the
	1892	+	performance of those duties on the board or pursuant to this
	1893	+	article.
1894	1894		897
1895	1895		898
1896	1896		899
1897	1897		900
1898	1898		901
1899	1899		902
1900	1900		903
1901	1901		904
1902	1902		905
1903	1903		906
1904	1904		907
1905	1905		908
1906	1906		909
1907	1907		910
1908	1908		911
1909	1909		912
1910	1910		913
1911	1911		914
1912	1912		915
1913	1913		916
1914	1914		917
1915	1915		918
1916	1916		919
1917		-	920 HB198 Enrolled
1918		-	Page 34
1919		-	1, 2024.
1920		-	________________________________________________
1921		-	Speaker of the House of Representatives
1922		-	________________________________________________
1923		-	President and Presiding Officer of the Senate
1924		-	House of Representatives
1925		-	I hereby certify that the within Act originated in and
1926		-	was passed by the House 02-Apr-24, as amended.
1927		-	John Treadwell
1928		-	Clerk
1929		-	Senate 08-May-24 Amended and Passed
1930		-	House 09-May-24 Concurred in Senate
1931		-	Amendment
	1917	+	920
1932	1918		921
1933	1919		922
1934	1920		923
1935		-	924
	1921	+	924 HB198 Engrossed
	1922	+	Page 34
	1923	+	article.
	1924	+	(e) The board may establish committees among its
	1925	+	membership, as it deems necessary, to assist in the conduct of
	1926	+	its business. Subcommittees shall include representation from
	1927	+	suppliers or others interested in the subject matter assigned
	1928	+	to the subcommittees, or both.
	1929	+	(f) All meetings of the board shall be held in
	1930	+	accordance with the Alabama Open Meetings Act, Chapter 25A of
	1931	+	Title 36."
	1932	+	"§41-23-85
	1933	+	(a) The board shall exercise authority with respect to
	1934	+	all matters pertaining to the acceptance and adoption, and
	1935	+	implementation of the Alabama Energy and Residential Codes
	1936	+	Commercial Energy Code by the State of Alabama. In so doing,
	1937	+	the board may perform any of the following functions:
	1938	+	(1) Review, amend, and adopt the Alabama Energy and
	1939	+	Residential Codes Commercial Energy Code . The board shall
	1940	+	consider updates and changes to the codes referenced herein no
	1941	+	less than two years after the date of publication of the most
	1942	+	recent version of the codes.
	1943	+	(2) Evaluate, assess, advise, and counsel the division
	1944	+	and the units of local government, on residential energy codes
	1945	+	and the impact of those codes upon the economy and the
	1946	+	environment.
	1947	+	(3) Solicit and enlist the cooperation of all
	1948	+	appropriate private-sector and community-based organizations
	1949	+	to implement the purpose of this article.
	1950	+	(4) Make recommendations to the division for the
	1951	+	enactment of additional legislation as it deems necessary
1936	1952		925
1937	1953		926
1938	1954		927
1939	1955		928
1940	1956		929
1941	1957		930
1942	1958		931
1943	1959		932
1944	1960		933
1945	1961		934
1946	1962		935
1947	1963		936
1948	1964		937
1949	1965		938
1950	1966		939
1951	1967		940
1952	1968		941
1953	1969		942
1954	1970		943
1955	1971		944
1956	1972		945
1957	1973		946
1958	1974		947
1959	1975		948
1960	1976		949
1961	1977		950
1962	1978		951
1963		-	952
	1979	+	952 HB198 Engrossed
	1980	+	Page 35
	1981	+	enactment of additional legislation as it deems necessary
	1982	+	which proposes to further enhance the capabilities of the
	1983	+	state and the units of local government in accepting,
	1984	+	adopting, and implementing the Alabama Energy and Residential
	1985	+	CodesCommercial Energy Code , and in meeting the need for
	1986	+	increasing residential energy resources and conservation due
	1987	+	to trends in residential population and the change in
	1988	+	technical requirements of the economy.
	1989	+	(5) Make continuing studies, on its own initiative or
	1990	+	upon the request of the division, of the residential energy
	1991	+	resources, conservation, and consumption needs throughout the
	1992	+	state, and issue those reports to the division and to the
	1993	+	units of local government as may result from its studies.
	1994	+	(6) Submit to the chief of the division, on an annual
	1995	+	basis, a written report covering the activities of the board.
	1996	+	(7) Make rules and regulations for the conduct of its
	1997	+	board meetings, procedures, and execution of the purpose,
	1998	+	functions, powers, and duties delegated to it by this article.
	1999	+	(8) Conduct a program of public information in order to
	2000	+	inform the units of local government and the citizensresidents
	2001	+	of the state on the importance of residential andcommercial
	2002	+	energy codes, conservation, and consumption.
	2003	+	(9) Identify any and all resources needed or required
	2004	+	for the board to implement the purpose, functions, powers, and
	2005	+	duties of this article.
	2006	+	(b) The division shall be responsible for taking action
	2007	+	upon any and all recommendations to which the board may from
	2008	+	time to time submit.
	2009	+	(c)(1) Except as provided in this section, any code
1964	2010		953
	2011	+	954
	2012	+	955
	2013	+	956
	2014	+	957
	2015	+	958
	2016	+	959
	2017	+	960
	2018	+	961
	2019	+	962
	2020	+	963
	2021	+	964
	2022	+	965
	2023	+	966
	2024	+	967
	2025	+	968
	2026	+	969
	2027	+	970
	2028	+	971
	2029	+	972
	2030	+	973
	2031	+	974
	2032	+	975
	2033	+	976
	2034	+	977
	2035	+	978
	2036	+	979
	2037	+	980 HB198 Engrossed
	2038	+	Page 36
	2039	+	(c)(1) Except as provided in this section, any code
	2040	+	adopted by any state or county entity or agency after March 9,
	2041	+	2010, shall not conflict with the codes adopted by the board.
	2042	+	A county entity or agency may elect to amend the Alabama
	2043	+	Energy and Residential Codes Commercial Energy Code as local
	2044	+	conditions require, but shall not make any amendment to
	2045	+	mandate residential fire sprinklers or to provisions which are
	2046	+	mandated or required by any federal law or federal regulation.
	2047	+	(2) As of March 9, 2010, any municipality which that
	2048	+	does not have a code in effect adopted pursuant to Section
	2049	+	11-45-8 shall not adopt any energy or residential code other
	2050	+	than the Alabama Commercial Energy and Residential Codes
	2051	+	adopted by the board or any newer versions thereof. Provided,
	2052	+	however, a municipality may elect to amend the Alabama Energy
	2053	+	and Residential Codes Commercial Energy Code as local
	2054	+	conditions require, but shall not make any amendment to
	2055	+	mandate residential fire sprinklers or to provisions which are
	2056	+	mandated or required by any federal law or federal regulation.
	2057	+	(3) Except as provided in subsection (d), nothing
	2058	+	Nothing contained in this article shall apply to any
	2059	+	municipality with a code adopted pursuant to Section 11-45-8
	2060	+	in effect as of March 9, 2010, nor shall it anything in this
	2061	+	article prevent any such municipality from making any changes
	2062	+	or amendments to existing codes after March 9, 2010. Provided,
	2063	+	however, that a municipality shall not make any amendment to
	2064	+	provisions which are mandated by any federal law or federal
	2065	+	regulation.
	2066	+	(d) A municipal, county, or state governing entity or
	2067	+	agency may not enact an ordinance, rule, bylaw, order,
	2068	+	981
	2069	+	982
	2070	+	983
	2071	+	984
	2072	+	985
	2073	+	986
	2074	+	987
	2075	+	988
	2076	+	989
	2077	+	990
	2078	+	991
	2079	+	992
	2080	+	993
	2081	+	994
	2082	+	995
	2083	+	996
	2084	+	997
	2085	+	998
	2086	+	999
	2087	+	1000
	2088	+	1001
	2089	+	1002
	2090	+	1003
	2091	+	1004
	2092	+	1005
	2093	+	1006
	2094	+	1007
	2095	+	1008 HB198 Engrossed
	2096	+	Page 37
	2097	+	agency may not enact an ordinance, rule, bylaw, order,
	2098	+	building code, or other legal device that would restrict a
	2099	+	consumer's ability to elect to install, by the consumer's
	2100	+	choice and for a fee, a residential fire sprinkler system in
	2101	+	any new or existing one-family or two-family dwelling. A
	2102	+	municipal, county, or state governing entity or agency may not
	2103	+	enact an ordinance, rule, bylaw, order, building code, or
	2104	+	other legal device that would require the installation of a
	2105	+	residential fire sprinkler system in any new or existing
	2106	+	one-family or two-family dwelling. Provided, however, all
	2107	+	municipalities governed by subdivision (3) of subsection (c)
	2108	+	which have enacted any ordinance, rule, bylaw, order, building
	2109	+	code, or other legal device as of March 9, 2010, relating to
	2110	+	the installation of a residential fire sprinkler system may
	2111	+	continue to enforce or amend such ordinance, rule, bylaw,
	2112	+	order, building code, or other legal device. "
	2113	+	Section 7. (a) A local building code adopted or
	2114	+	amended by any county or municipality after October 1, 2024,
	2115	+	shall meet the minimum standards of the Alabama Residential
	2116	+	Building Code in effect at the time of the local building code
	2117	+	adoption or amendment and shall not exceed the energy
	2118	+	provisions of the Alabama Residential Building Code, unless
	2119	+	compliance with any federal mandate requires such adoption or
	2120	+	amendment.
	2121	+	(b) A county commission or municipality shall provide
	2122	+	to the board a copy of any resolution, ordinance, or agreement
	2123	+	adopted pursuant to Section 11-40-10(b)(2), Code of Alabama
	2124	+	1975, within 10 business days of its adoption.
	2125	+	Section 8. This act shall become effective on October
	2126	+	1009
	2127	+	1010
	2128	+	1011
	2129	+	1012
	2130	+	1013
	2131	+	1014
	2132	+	1015
	2133	+	1016
	2134	+	1017
	2135	+	1018
	2136	+	1019
	2137	+	1020
	2138	+	1021
	2139	+	1022
	2140	+	1023
	2141	+	1024
	2142	+	1025
	2143	+	1026
	2144	+	1027
	2145	+	1028
	2146	+	1029
	2147	+	1030
	2148	+	1031
	2149	+	1032
	2150	+	1033
	2151	+	1034
	2152	+	1035
	2153	+	1036 HB198 Engrossed
	2154	+	Page 38
	2155	+	Section 8. This act shall become effective on October
	2156	+	1, 2024.1037 HB198 Engrossed
	2157	+	Page 39
	2158	+	1, 2024.
	2159	+	House of Representatives
	2160	+	Read for the first time and referred
	2161	+	to the House of Representatives
	2162	+	committee on County and Municipal
	2163	+	Government
	2164	+	................20-Feb-24
	2165	+	Read for the second time and placed
	2166	+	on the calendar:
	2167	+	0 amendments
	2168	+	................28-Feb-24
	2169	+	Read for the third time and passed
	2170	+	as amended
	2171	+	................02-Apr-24
	2172	+	Yeas 95, Nays 0, Abstains 4
	2173	+	John Treadwell
	2174	+	Clerk
	2175	+	1038
	2176	+	1039
	2177	+	1040
	2178	+	1041
	2179	+	1042
	2180	+	1043
	2181	+	1044
	2182	+	1045
	2183	+	1046
	2184	+	1047
	2185	+	1048
	2186	+	1049
	2187	+	1050
	2188	+	1051
	2189	+	1052
	2190	+	1053
	2191	+	1054
	2192	+	1055
	2193	+	1056
	2194	+	1057
	2195	+	1058