HB198ENROLLED
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HB198
TMLF199-2
By Representative Brown
RFD: County and Municipal Government
First Read: 20-Feb-24
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First Read: 20-Feb-24
Enrolled, An Act,
Relating to building codes; to designate Sections
34-14A-1 through 34-14A-20 as Article 1 of Chapter 14A of
Title 34, Code of Alabama 1975; to amend Sections 34-14A-1,
34-14A-2, 34-14A-7, 34-14A-12, and 34-14A-20, Code of Alabama
1975, to provide for the establishment of the Alabama
Residential Building Code and its authority; to further
provide for the practice of residential home building; to
further provide for the duties of the Home Builders Licensure
Board; to add Sections 34-14A-12.1 and 34-14A-12.2 to the Code
of Alabama 1975, to add Article 2, commencing with Section
34-14A-41, to Chapter 14A of Title 34, Code of Alabama 1975,
to establish the Alabama Residential Building Code Division
within the Home Builders Licensure Board and provide for its
duties; to establish the Alabama Residential Building Code
Fund in the State Treasury and provide for its administration;
to add Article 3, commencing with Section 34-14A-80, to
Chapter 14A of Title 34, Code of Alabama 1975, to establish
the Alabama Residential Building Code Advisory Council and
provide for its membership and duties; to add Article 3,
commencing with Section 34-8-80, to Chapter 8 of Title 34,
Code of Alabama 1975, to establish the Alabama Commercial
Energy Code Advisory Committee within the State Licensing
Board for General Contractors and provide for its membership
and duties; to repeal Article 5, commencing with Section
41-23-80, of Chapter 23, Title 41, Code of Alabama 1975,
relating to the Alabama Energy and Residential Codes Board
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relating to the Alabama Energy and Residential Codes Board
within the Alabama Department of Economic and Community
Affairs; and to provide requirements for certain local
building codes adopted or amended after a date certain.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 34-14A-1 through 34-14A-20 are
designated as Article 1 of Chapter 14A, Title 34, Code of
Alabama 1975.
Section 2. Sections 34-14A-1, 34-14A-2, 34-14A-7,
34-14A-12, and 34-14A-20, Code of Alabama 1975, are amended to
read as follows:
"§34-14A-1
(a) In the interest of the public health, safety,
welfare, and consumer protection , and to regulate the home
building and private residence construction industry, the
purpose of this chapter , and the intent of the Legislature in
passing it, is to:
(1) To provide for the licensure of those persons who
engage in home building, private residence construction, and
home improvement industries, including remodeling , and to.
provide home building standards
(2) To establish an Alabama Residential Building Code.
(3) To provide guidance, assistance, promotion, and
support for code inspections of residential construction. and
to
(4) To support education within the construction trades
and construction inspections in the State of Alabama.
(b) The Legislature recognizes that the home building
and home improvement construction industries are significant
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and home improvement construction industries are significant
industries. Home builders may pose significant and that
significant harm to the public may result from the provision
of when unqualified, incompetent, or dishonest home builders
and remodelers provide inadequate, unsafe, or inferior
building services by unqualified, incompetent, or dishonest
home builders and remodelers . The Legislature finds it
necessary to regulate the residential home building and home
improvement industries."
"§34-14A-2
As used in this chapter, the following terms shall have
the following meanings, respectively, unless the context
clearly indicates otherwise:
(1) ADVERTISING. Engaging or offering to engage in any
acts or services as a residential home builder by the act or
practice of offering for sale professional services by
promoting those services through print, radio or television
media, on billboards, through social media, through
promotional sponsorships, on vehicles, by the placement of
signs in front of ongoing or completed worksites, or by
displaying credentials, including licensure, to perform
residential home building.
(2) ALABAMA RESIDENTIAL BUILDING CODE. The code adopted
by the board, as amended by the board, and based on a
published edition of the International Residential Code, and
the residential chapters of a published edition of the
International Energy Conservation Code.
(3) APPLICABLE RESIDENTIAL BUILDING CODE. The Alabama
Residential Building Code or a local residential building code
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Residential Building Code or a local residential building code
adopted by a county or municipality, pursuant to this chapter,
where the construction, renovation, or repairs will take
place.
(1) ADVISORY COUNCIL. The Alabama Construction Trade
Advisory Council.
(2)(4) BOARD. The Home Builders Licensure Board.
(3)(5) COST OF THE UNDERTAKING. The total cost of the
materials, labor, supervision, overhead, and profit.
(6) COUNCIL. The Alabama Residential Building Code
Advisory Council.
(7) DIVISION. The Alabama Residential Building Code
Division.
(4)(8) HOMEOWNER. A person who owns and resides in or
intends to reside in a structure constructed or remodeled by a
licensee of the board, or who contracts with a licensee for
the purchase, construction, repair, improvement, or
reimprovement of a structure to be used as a residence.
(5)(9) IMPROVEMENT. Any site-built addition or
enhancement attached to or detached from a residence or
structure for use and enjoyment by the homeowner.
(6)(10) INACTIVE LICENSE. A license issued at the
request of a licensee, or a building official or a building
inspector, that is renewable, but that is not currently valid.
(7)(11) LICENSE. Any license issued by the board
pursuant to this chapter.
(8)(12) LICENSEE. A holder of any license issued
pursuant to this chapter.
(9)(13) PERSON. Any natural person individual, limited
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(9)(13) PERSON. Any natural person individual, limited
or general partnership, corporation, association, limited
liability company, or other legal entity, or any combination
thereof.
(10)(14) QUALIFYING REPRESENTATIVE. The individual
designated by a general partnership, limited partnership,
corporation, limited liability company, or not-for-profit
organization applying for a license who either holds a license
individually or meets the experience and ability requirements
for licensure, and who is one of the following:
a. A general partner in the case of any partnership.
b. An officer in the case of a corporation.
c. A member in the case of a member-managed limited
liability company.
d. A manager in the case of a manager-managed limited
liability company.
e. An individual who is affiliated with one of the
member entities of a limited liability company and who has
been identified and authorized through the operating agreement
to manage day-to-day operations as it relates to operations of
the limited liability company for purposes of licensure.
(11)(15) RESIDENCE. A single unit providing complete
independent residential living facilities for one or more
persons, including permanent provisions for living, sleeping,
eating, cooking, and sanitation.
(12)(16) RESIDENTIAL HOME BUILDER. A person who
constructs a residence or structure for sale or who, for a
fixed price, commission, fee, or wage, undertakes or offers to
undertake the construction or superintending of the
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undertake the construction or superintending of the
construction, or who manages, supervises, assists, or provides
consultation to a homeowner regarding the construction or
superintending of the construction, of any residence or
structure that is not over three floors in height and that
does not have more than four residential units, or the repair,
improvement, or reimprovement thereof, to be used by another
as a residence when the cost of the undertaking exceeds ten
thousand dollars ($10,000). Notwithstanding the foregoing, the
term includes a residential roofer when the cost of the
undertaking exceeds two thousand five hundred dollars
($2,500). Nothing herein shall prevent any person from
performing these acts on his or her own residence or on his or
her other real estate holdings. Anyone who engages or offers
to engage in any acts described in this subdivision, through
advertising or otherwise, shall be deemed to have engaged in
the business of residential home building.
(13)(17) RESIDENTIAL ROOFER. A person who installs
products or repairs surfaces on the external upper covering of
a residence or structure that seals, waterproofs, or
weatherproofs the residence or structure.
(14)(18) STRUCTURE. A residence on a single lot,
including a site-built home, a condominium, a duplex or
multi-unit residential building consisting of not more than
four residential units, or any improvement thereto.
(15)(19) TRANSACTION. The act of entering into a
contract with a licensee to engage in the business of
residential home building."
"§34-14A-7
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"§34-14A-7
(a) Any residential home builder who desires to receive
a new or renewal license under this chapter shall make and
file with the board 30 days prior to the next meeting of the
board a written application on a form prescribed by the board.
Each applicant shall be a citizen of the United States or, if
not a citizen of the United States, a person who is legally
present in the United States with appropriate documentation
from the federal government. Such The application shall be
accompanied by the payment of the annual license fee required
by the board. After the board accepts the application, the
applicant may be examined by the board at its next meeting.
The board, in examining the applicant, shall consider the
following qualifications of the applicant:
(1) Experience.
(2) Ability.
(3) Character.
(4) Business-related financial condition.
a. The board may require a financial statement on a
form prescribed by the board and a public records search
directly from a credit reporting agency.
b. The board may require a positive net worth or other
evidence of business-related financial condition sufficient to
reasonably satisfy the board of the applicant's financial
responsibility.
c. The board may require that business-related
judgments, judgment liens, and other perfected liens must be
satisfied and released.
d. Any information obtained by the board pursuant to
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d. Any information obtained by the board pursuant to
this subsection relating to the financial condition of an
applicant shall not be public information.
(5) Ability and willingness to serve the public and
conserve the public health and safety.
(6) Any other pertinent information the board may
require.
(b)(1) If the board finds the applicant qualified to
engage in residential home building in Alabama, the applicant
shall be issued a license. An applicant rejected by the board
shall be given an opportunity to be reexamined after a new
application has been filed and an additional application fee
paid.
(2) A record shall be made and preserved by the board
of each examination and the findings of the board pertaining
to the examination. A copy of the record shall be made
available to any applicant requesting it upon the payment of a
reasonable fee to the board.
(c) The board, by rule, may require proof of and
maintenance of insurance as a qualification for licensure.
(d) The board, by rule, may establish or adopt, or
both, education requirements and may approve, administer, or
financially support the program or programs providing
residential construction education.
(e)(1) Each licensee shall notify the board within 10
days after notice of the institution of any criminal
prosecution against him or her. The notification shall be in
writing, by certified mail, and shall include a copy of the
specific charge made together with a copy of the indictment,
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specific charge made together with a copy of the indictment,
information, or complaint, affidavit, and warrant making the
charges.
(2) Each licensee shall notify the board in writing by
certified mail within 10 days after he or she receives the
notice that any criminal verdict has been rendered against him
or her, or that a criminal action pending against him or her
has been dismissed.
(f) Each licensee shall utilize use a valid written
contract when engaging in the business of residential home
building. In addition to any other requirements provided by
law, the contract shall contain the licensee's license number
issued by the board.
(g) Whenever a licensee engages in advertising, the
licensee shall ensure that the licensee's valid license number
issued by the board is displayed.
(g)(h) When any residential home building to be
performed will comply with a program designed to enhance the
resiliency of the structure beyond the requirements of the
applicable building codes, the licensee shall disclose this
compliance to the homeowner in writing prior to the
commencement of the residential home building.
(h)(1)(i)(1) Any licensee who desires to receive an
inactive license shall make and file with the board a written
application for an inactive license on a form prescribed by
the board prior to the expiration of his or her current
license. The application shall be accompanied by the payment
of the annual inactive license fee required by the board. No
act for which a license is required may be performed under an
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act for which a license is required may be performed under an
inactive license. In the event a person holding a current
inactive license applies for a license, he or she may rely
upon his or her inactive license as evidence of the experience
and ability requirements for licensure under subdivisions (1)
and (2) of subsection (a).
(2) A person holding an expired license who seeks to
reactivate his or her license within three years of the date
of expiration shall be deemed to have satisfied the experience
and ability requirements for licensure if application is made
within the three-year time period and all other licensing
requirements pursuant to subsection (a) have been met.
(3) Any building official or building inspector who
desires to receive an inactive license shall make and file
with the board 30 days prior to the next meeting of the board
a written application for an inactive license on a form
prescribed by the board. After the board accepts the
application, the applicant may be examined by the board at its
next board meeting. The board, in examining the applicant,
shall consider the following qualifications of the applicant
as satisfying the experience and ability requirements for
licensure:
a. That the building inspector is an employee of the
United States, the State of Alabama, or any municipality,
county, or other political subdivision and, by virtue of that
employment, is exempted or prohibited by law from holding a
license; and
b. That the building inspector does any of the
following:
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following:
1. Maintains current certification from the Southern
Building Code Congress International as one of the following:
(i) Chief building official.
(ii) Deputy building official.
(iii) Building inspector.
(iv) Housing inspector.
(v) Design professional.
(vi) Plan reviewer.
2. Maintains current certification from the
International Code Council as one of the following:
(i) Certified building official.
(ii) Building inspector.
(iii) Residential building inspector.
(iv) Property maintenance and housing inspector.
(v) Building plans examiner.
(vi) Design professional.
3. Possesses sufficient building qualifications and
experience to receive a license, as demonstrated by
satisfactory evidence presented to the board.
(4) In the event a building official or building
inspector holding a current inactive license applies for a
license, he or she may rely upon his or her inactive license
as evidence of the experience and ability requirements for
licensure under subdivisions (1) and (2) of subsection (a)."
"§34-14A-12
(a) The board may establish or adopt residential
building codes and standards of practice for residential home
builders within the state. A residential building code or
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builders within the state. A residential building code or
standard of practice adopted or established by the board does
not supersede or otherwise exempt residential home builders
from a local building law or code adopted by the governing
body of a county or municipality or from a local or general
law.
(a) The board shall have the sole authority to adopt
the following codes:
(1) The Alabama Residential Building Code, which shall
apply to all construction and improvements governed by this
chapter.
(2) The Alabama Residential Energy Code, which shall
apply to all residential construction and improvements.
(b)(1) The Alabama Residential Building Code shall be
enforced by local jurisdictions that have permitting and
inspection programs for residential construction and
improvements that are adhered to by residential home builders.
The Alabama Residential Building Code shall not supersede any
local residential building code adopted by any county or
municipality in effect on January 1, 2027.
(2) The Alabama Residential Energy Code shall be
enforced by local jurisdictions that have adopted energy code
provisions for residential and commercial construction and
improvements. Provided however, provisions adopted by local
jurisdictions may not exceed those contained within the
Alabama Residential Energy Code.
(3) A local building code adopted by any county or
municipality after January 1, 2027, shall meet the minimum
standards of the Alabama Residential Building Code and the
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standards of the Alabama Residential Building Code and the
Alabama Residential Energy Code in effect at the time of the
local building code adoption. The local building code may
amend the standards as local conditions require, but no such
adoption or amendment shall exceed the provisions of the
Alabama Residential Energy Code unless local conditions or
compliance with any federal mandate requires such adoption.
(4) Notwithstanding any other provision of law to the
contrary, the Alabama Residential Building Code does not apply
to any agricultural building except for any residence
contained therein.
(b)(c)(1) The county commissions of the several
counties A county commission, by resolution, may adopt
building laws and codes by ordinance which that shall apply in
the unincorporated areas of the county. The county commission
shall provide a copy of any resolution adopted pursuant to
this subsection to the board within 10 business days of
adopting the resolution.
(2) A local building law or code adopted pursuant to
this subsection may not take effect until 120 days after the
resolution was adopted; provided, in the case of an insurance
claim requiring work and activities for which a license is
required by this chapter, the effective date for the building
law or code shall be the date of adoption by the local
jurisdiction.
(3) The building laws and codes of the county
commission shall not apply within any municipal police
jurisdiction, in which that municipality is exercising its
building laws or codes, without the express consent of the
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building laws or codes, without the express consent of the
governing body of that municipality. The building laws and
codes of the county commission may be enforced within a
municipality's police jurisdiction outside of the
municipality's corporate limits as provided in Section
11-40-10(b)(2). The building laws and codes of the county
commission may apply within the corporate limits of any
municipality only with the express consent of the governing
body of the municipality.
(4) The county commission may employ building
inspectors to see that its laws or codes are not violated and
that the plans and specifications for buildings are not in
conflict with the ordinanceslaws and codes of the county and
may exact fees to be paid by the owners of the property
inspected.
(5) The county commission, by resolution, may
discontinue its administration and enforcement of the building
laws and codes. However, the discontinuation shall not take
effect until 120 days after the resolution was adopted. The
county commission shall provide a copy of the resolution to
the board within 10 business days of adopting the resolution.
(c)(d) Utilizing the same authority and procedures as
municipalities pursuant to Sections 11-53A-20 to 11-53A-26,
inclusive, the county commission may condemn buildings, parts
of buildings, or structures dangerous to the public and
prohibit the use thereof and abate the same as a nuisance.
(d)(e) The county commissions, municipalities, and
other public entities may enter into mutual agreements,
compacts, and contracts for the administration and enforcement
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compacts, and contracts for the administration and enforcement
of their respective building laws and codes. A county
commission or municipality shall provide a copy of the mutual
agreement, compact, or contract to the board within 10
business days of its execution.
(f) A county commission or municipality shall provide
to the board a copy of any resolution, ordinance, or agreement
adopted pursuant to Section 11-40-10(b)(2) within 10 business
days of its adoption.
(g) Nothing in this section shall be construed to
restrict the power of any county or municipality to adopt and
enforce local building laws or codes that either comply with
or exceed the minimum standards of the Alabama Residential
Building Code; provided the local laws or codes are adopted or
amended in accordance with this chapter. "
"§34-14A-20
(a) The Alabama Construction Trade Academy Fund is
established in the State Treasury. The fund shall be comprised
of federal, state, and private funding through direct
budgetary funding and grants for the expansion of construction
trade education. To the extent practicable, monies in the fund
shall be used to leverage other forms of funding from private
sources. A percentage of matching funds, as established by the
advisory council, must come from private, non-governmental
sources. The board may not use more than 15 percent of the
monies in the fund for administrative and operational costs
incurred in the implementation and administration of this
section. The board's statutory obligations pursuant to this
chapter shall be contingent upon the appropriation of funding.
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chapter shall be contingent upon the appropriation of funding.
(b) The board, in cooperation with public and private
sector partners, shall establish a program to provide funding
mechanisms for tool grants, program incentives, supplies,
mobile facilities, and other programs to support the
development and continuation of construction trade education
programs in the state.
(c) The board shall administer the program and shallmay
apply for funds from federal grant programs and other
applicable funding sources authorized by law.
(d)(1) The Alabama Construction Trade Advisory Council
is established. The advisory council shall consist of the
following members:
a. One member appointed by and currently serving on the
Home Builders Licensure Board.
b. One member appointed by and currently serving on the
State of Alabama Plumbers and Gas Fitters Examining Board.
c. One member appointed by and currently serving on the
State Licensing Board for General Contractors.
d. One member appointed by and currently serving on the
State Board of Heating, Air Conditioning, and Refrigeration
Contractors.
e. One member appointed by and currently serving on the
Alabama Board of Electrical Contractors.
f. One appointee of the State Department of Education
who specializes in technical trade education.
g. One appointee of the Alabama Community College
System who specializes in technical trade education.
(2) Members of the advisory council shall be appointed
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(2) Members of the advisory council shall be appointed
for a period of one year. Membership on the advisory council
shall be without compensation, except for reimbursement of
necessary travel expenses as is paid to state employees for
attending meetings and other necessary events of the advisory
council. Any expenses paid to a member of the advisory council
shall be paid by the member's appointing authority.
(e) The advisory council shall make recommendations to
the board, and the board shall establish program guidelines,
promote the program statewide, evaluate applications for
funds, distribute funds, and monitor and report the effect of
the funding on the availability of construction trade
education. The board may adopt rules to implement and
administer this section.
(f) The advisory council shall recommend and the board
shall establish monitoring and accountability mechanisms for
projects receiving funding. Not later than the fifth
legislative day of each regular legislative session, the board
shall file a report to the Legislature on the projects funded,
the geographic distribution of projects funded, the private
sector participation rates in funded projects, the
administrative costs of the program, and the outcomes of the
program, including the number of students and adult learners
trained by each project funded through the program.
(g) The advisory council shall recommend and the board
shall create eligibility guidelines and provide project
funding through an application process. Projects eligible for
funding include the following:
(1) Mobile demonstration units that show the various
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(1) Mobile demonstration units that show the various
systems of a structure and how they interconnect.
(2) Tool and supply grants for public and private
educational providers that provide construction trade
education.
(3) Incentives for newly established construction trade
education courses, with priority given to carpentry courses.
(4) Adult education initiatives that provide continued
learning opportunities through mobile training facilities or
distance learning opportunities with priority focus on those
serving underserved areas and widely offered trainings.
(5) Any other proposal that in the opinion of the board
would address the need for construction trade education in the
state.
(h) An applicant may be a nonprofit organization,
not-for-profit entity, public school system, two-year college,
university, or other governmental entity. An applicant for
funding shall do all of the following:
(1) Demonstrate its capacity to successfully implement
the proposal.
(2) Demonstrate how the proposal shall positively
impact construction trade education in the state.
(3) Demonstrate private sector support through matching
funding.
(4) Establish an advisory council consisting of at
least three active trade representatives from the construction
trade being funded.
(5) For a period of not less than five years, agree to
comply with the following conditions:
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comply with the following conditions:
a. Offer the courses funded through this section for a
period of not less than five years.
b. Comply with all data collection and reporting
requirements established by the board.
(i) In determining which qualified projects to fund,
the board shall consider all of the following factors:
(1) The level of private sector support for the
project.
(2) The level of need in the area in which the funding
is directed.
(3) The projected number of students that will be
served.
(4) The degree to which the project will have a
positive impact on the availability of construction trade
education in the area to be served.
(5) The degree to which the project will leverage
public and private sector funds.
(j) The board shall establish program guidelines that
require matching funds on all funded projects. A minimum of 10
percent of matching funds shall be provided by private,
non-governmental sources. Total matching funds required may
not be required to exceed 25 percent of awarded state funds,
although additional consideration may be provided to projects
that exceed this amount.
(k) In the event that a recipient of funding provided
by this section fails to provide the proposed project in
accordance with the guidelines set forth by the board, any
equipment, supplies, or materials acquired with the funding
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equipment, supplies, or materials acquired with the funding
shall be transferred to the Alabama Home Builders Foundation
for redistribution to public or private programs that provide
construction trade education to high school, postsecondary, or
adult learners supported by this section.
(l) Any and all proceeds from the sale of equipment,
supplies, or materials acquired through academy funding shall
go into the fund."
Section 3. Sections 34-14A-12.1 and 34-14A-12.2 are
added to the Code of Alabama 1975, to read as follows:
§34-14A-12.1
Beginning January 1, 2027, a residential home builder
within this state who constructs, renovates, or repairs a
residence or structure shall do so in accordance with the
applicable residential building code adopted pursuant to
Section 34-14A-12 or, if applicable, the local jurisdiction's
residential building code.
§34-14A-12.2
(a) Beginning on October 1, 2024, the Home Builders
Licensure Board and any other state, municipal, or county
governing body may not adopt or amend a building code,
ordinance, resolution, or rule that would restrict a
consumer's ability to elect to install, by the consumer's
choice and for a fee, or require the installation of, a
residential fire sprinkler system in any residence or
structure as defined by this chapter.
(b) Notwithstanding subsection (a), a county commission
or municipal governing body that adopted any ordinance,
resolution, or other building code on or before March 9, 2010,
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resolution, or other building code on or before March 9, 2010,
relating to the installation of a residential fire sprinkler
system, may continue to enforce or amend the ordinance,
resolution, or building code.
Section 4. Article 2, commencing with Section
34-14A-41, is added to Chapter 14A of Title 34, Code of
Alabama 1975, to read as follows:
Article 2.
§34-14A-41
(a)(1) The Alabama Residential Building Code Division
is established within the Home Builders Licensure Board. The
executive director of the board may employ staff as necessary
to carry out the duties of the division.
(2) The board may coordinate with the state energy
office to identify and apply for funds from federal grant
programs and other applicable funding sources authorized by
law.
(b) The division shall be responsible for taking action
upon any and all recommendations made by the Alabama
Residential Building Code Advisory Council and ratified by the
board for the furtherance of its statutory purpose.
§34-14A-42
The executive director of the board may employ staff
necessary to carry out the duties of the division, including a
division administrator, programs support personnel,
administrative support personnel, and any other personnel
necessary to carry out the statutory purpose of the division
for the administration and implementation of the Alabama
Residential Building Code.
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Residential Building Code.
§34-14A-43
(a) The division shall use funds distributed to the
Alabama Residential Building Code Fund for the purpose of
administering the Alabama Residential Building Code.
(b) Subject to availability of funds and upon request
from a local jurisdiction, the division shall provide matching
funds to local jurisdictions that have also applied for funds
from federal grant programs and other applicable funding
sources authorized by law to support local adoption and
implementation of the Alabama Residential Building Code.
(c) The division shall work with the State Energy
Office to ensure that all applicable federal regulations
regarding the residential energy code are met.
§34-14A-44
(a) The Alabama Residential Building Code Fund is
established within the State Treasury. The fund shall be
administered by the board for the administration and operation
of the division.
(b) Receipts deposited into the fund shall be disbursed
only by warrants of the state Comptroller drawn upon the State
Treasury on itemized vouchers approved by the executive
director of the board.
(c) No funds shall be withdrawn or expended except as
budgeted and allotted according to Sections 41-4-80 to
41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, and
only in amounts as stipulated in the general appropriations
act, other appropriation acts, or this section.
(d) At the end of each fiscal year, any unencumbered
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(d) At the end of each fiscal year, any unencumbered
balance of up to 25 percent of the amount appropriated for
that fiscal year shall not revert to the State General Fund
under Section 41-4-93, but shall carry over to the next fiscal
year within the Alabama Residential Building Code Fund, and
any unencumbered balance over 25 percent of the amount
appropriated for that fiscal year shall revert to the State
General Fund.
Section 5. Article 3, commencing with Section
34-14A-80, is added to Chapter 14A of Title 34, Code of
Alabama 1975, to read as follows:
Article 3.
§34-14A-80
(a) The Alabama Residential Building Code Advisory
Council is established.
(b) The council shall consist of the following members:
(1) The State Fire Marshal, or his or her designee.
(2) The Director of the Emergency Management Agency, or
his or her designee.
(3) The Executive Director of the Home Builders
Licensure Board, or his or her designee.
(4) One member appointed by the Home Builders Licensure
Board.
(5) One member appointed by the State Board of Heating,
Air Conditioning, and Refrigeration Contractors.
(6) One member appointed by the State of Alabama
Plumbers and Gas Fitters Examining Board.
(7) One member appointed by the Governor to represent
the private, investor-owned, electric utility industry.
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the private, investor-owned, electric utility industry.
(8) One member appointed by the Governor to represent
the natural gas industry.
(9) One member appointed by the Governor to represent
the property and casualty insurance industry.
(10) One member appointed by the Governor to represent
the consumers of the state.
(11) One member appointed by the American Council of
Engineering Companies of Alabama.
(12) One member appointed by the Alabama League of
Municipalities.
(13) One member appointed by the Association of County
Commissions of Alabama.
(14) One member appointed by the Alabama Council of the
American Institute of Architects.
(15) One member appointed by the Home Builders
Association of Alabama.
(16) One member appointed by the Code Officials
Association of Alabama.
(17) One member appointed by the Alabama Rural Electric
Association of Cooperatives.
(c) Membership of the council shall be inclusive and
reflect the racial, gender, geographic, urban, rural, and
economic diversity of the state.
(d) The initial appointments shall begin January 1,
2025. Appointments shall be for a term of six years. Each
appointee may be reappointed for one second six-year term.
Each of the appointed members of the council shall be
appointed for a six-year term and may be reappointed for a
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appointed for a six-year term and may be reappointed for a
second six-year term.
§34-14A-81
(a) The first meeting of the council shall be called by
the executive director of the Home Builders Licensure Board no
later than March 1, 2025. The executive director shall preside
until a chair and a vice chair are selected by the council.
The council shall elect from its own members a chair, a vice
chair, and other officers as it may deem desirable.
(b) The council shall hold meetings at the call of the
chair of the council to propose a recommended Alabama
Residential Building Code to the Home Builders Licensure
Board. Thereafter, the council shall meet from time to time,
at the call of the chair of the council or at the request of
the executive director of the board, to consider updates and
amendments to the code. Meetings shall be held at a time and
place as designated or specified in its rules.
(c) A majority of the members of the council shall
constitute a quorum at all of its meetings, and adoption or
resolution of any business shall require the concurrence of a
majority of all members of the council. An agenda for the
meetings in sufficient detail to indicate the terms on which
final action is contemplated shall be submitted by the
administrator to the chair, vice chair, and council members
prior to the meeting.
(d) All meetings of the council shall be held in
accordance with the Alabama Open Meetings Act, Chapter 25A of
Title 36.
(e) The administrator of the Alabama Residential
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(e) The administrator of the Alabama Residential
Building Code Division shall serve as ex officio secretary of
the council, keep a record of the proceedings of all council
meetings, and perform other duties as may be directed by the
council.
(f) The council may establish committees among its
membership, as it deems necessary, to assist in the conduct of
its business.
§34-14A-82
(a) By October 1, 2025, the council shall submit to the
Home Builders Licensure Board for adoption the proposed
Alabama Residential Building Code. The board may adopt or
reject the code as proposed by the council.
(b) The proposed Alabama Residential Building Code, and
any subsequent amendment to the code, shall be based upon a
published edition of the Alabama Energy and Residential Code
as adopted and amended from the International Residential Code
(IRC) and the International Energy Conservation Code (IECC).
Subsequent recommendations for adoptions or amendments to the
Alabama Residential Building Code shall be based upon
published editions of the IRC and IECC. In addition, the
council shall take into consideration provisions for sealed
roof decks and related roof construction standards contained
in either the Coastal Construction Code Supplement or the
Inland Construction Code Supplement as well as standards
related to energy efficiency pertaining to residential
construction.
(c) The council shall make recommendations with respect
to all matters pertaining to the implementation of the Alabama
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to all matters pertaining to the implementation of the Alabama
Residential Building Code.
(d) When adopted by the board, recommendations of the
council shall be administered by the division.
§34-14A-83
At the direction of the board, the council may perform
any of the following:
(1) Propose to the board for consideration of adoption
of an Alabama Residential Building Code and Alabama
Residential Energy Code or amendments to the codes.
(2) Evaluate, assess, advise, and counsel the division
on the Alabama Residential Building Code and Alabama
Residential Energy Code and the impact of the codes upon the
economy and the environment.
(3) Solicit and enlist the cooperation of all
appropriate private-sector and community-based organizations
to implement this article.
(4) Make continuing studies, evaluations, and surveys,
upon the request of the board, of the needs and impacts of the
Alabama Residential Building Code and Alabama Residential
Energy Code.
(5) Adopt rules for the conduct of the council
meetings, procedures, and execution of the purpose, functions,
powers, and duties delegated to it by this section.
(6) Conduct a program of public information in order to
inform the units of local government, residential home
builders, and the residents of the state on the importance of
the residential building and energy codes.
(7) The council shall work with the state energy office
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(7) The council shall work with the state energy office
to review applicable federal regulations regarding the
residential energy codes and any amendments thereto, and upon
notification of any applicable federal regulation or law,
consider and review the most recent published version of the
Alabama Residential Building Code and Alabama Residential
Energy Code.
Section 6. Article 3, commencing with Section 34-8-50,
is added to Chapter 8 of Title 34, Code of Alabama 1975, to
read as follows:
Article 3.
§34-8-50
As used in this article, the following terms shall have
the following meanings:
(1) ALABAMA COMMERCIAL ENERGY CODE. The commercial
energy code adopted by the board, and any subsequent
amendments, editions, changes, or recompilations thereof.
(2) BOARD. The State Licensing Board for General
Contractors.
(3) COMMITTEE. The Alabama Commercial Energy Code
Advisory Committee.
(4) DIVISION. The Alabama Commercial Energy Code
Division established within the State Licensing Board for
General Contractors.
§34-8-51
(a) The Alabama Commercial Energy Code Division is
established within the State Licensing Board for General
Contractors.
(b) The division shall be responsible for administering
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(b) The division shall be responsible for administering
meetings of the Alabama Commercial Energy Code Advisory
Committee and advising the board on recommendations made by
the committee for adoption of the Alabama Commercial Energy
Code.
(c) The executive director of the board may employ
staff as necessary to carry out the duties of the division.
(d) The board may apply for funds from federal grant
programs and other applicable funding sources authorized by
law.
(e) The division and its duties shall expire upon
sunset of the board unless expressly reauthorized by the
Legislature.
§34-8-52
(a) The Alabama Commercial Energy Code Advisory
Committee is established within the Alabama Commercial Energy
Code Division of the State Licensing Board for General
Contractors.
(b) The committee shall consist of the following
members:
(1) The Commissioner of Insurance, or his or her
designee.
(2) The Director of the Division of Construction
Management within the Department of Finance, or his or her
designee.
(3) The State Fire Marshal, or his or her designee.
(4) One member appointed by the State Licensing Board
for General Contractors.
(5) One member appointed by the Alabama Board for
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(5) One member appointed by the Alabama Board for
Registration of Architects.
(6) One member appointed by the Alabama Board of
Licensure for Professional Engineers and Professional Land
Surveyors.
(7) One member appointed by the Alabama Electrical
Contractors Board.
(8) One member appointed by the Alabama Board of
Heating, Air Conditioning, and Refrigeration Contractors.
(9) One member appointed by the Governor to represent
the private, investor-owned, electric utility industry.
(10) One member appointed by the Alabama Rural Electric
Association of Cooperatives.
(11) One member appointed by the Code Officials
Association of Alabama.
(12) One member appointed by the Alabama League of
Municipalities.
(13) One member appointed by the Association of County
Commissions of Alabama.
(c) The members appointed to the committee shall be
legal residents of the state and the appointing authorities
shall coordinate appointments to reflect the racial, gender,
geographic, urban, rural, and economic diversity of the state.
(d) Each member of the committee shall be appointed for
a five-year term, with initial terms to begin on January 1,
2025, and may be reappointed for a second five-year term.
§34-8-53
(a) The first meeting of the committee shall be called
by the executive director of the board as soon as practicable
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by the executive director of the board as soon as practicable
after January 1, 2025. The executive director of the board, or
his or her designee, shall preside until a chair and a vice
chair are selected by the committee. The committee shall elect
annually from its own members a chair, a vice chair, and other
officers as it may deem desirable.
(b) The committee shall hold a regular meeting at least
once during each calendar year at a time and place designated
by the board or specified by the committee. Special or
additional meetings may be held upon the call of the chair, a
call signed by at least seven members, or the call of the
executive director of the board. All meetings of the committee
shall be held in accordance with the Alabama Open Meetings
Act, Chapter 25A of Title 36.
(c) A majority of the members of the committee shall
constitute a quorum at all meetings, and adoption or
resolution of any business shall require the concurrence of a
majority of all members of the committee.
(d) The committee may establish subcommittees among its
membership, as it deems necessary, to assist in the conduct of
its business.
(e) The committee may adopt bylaws for the conduct of
the meetings, procedures, and execution of the purpose,
functions, powers, and duties delegated to it by the board.
§34-8-54
The committee shall make recommendations to the board
with respect to the acceptance, adoption, and implementation
of the Alabama Commercial Energy Code. In so doing, the
committee may perform any of the following functions:
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committee may perform any of the following functions:
(1) Propose to the board for consideration of adoption
of an Alabama Commercial Energy Code or amendments to the code
no less than two years after the date of publication of the
most recent version of the code.
(2) Evaluate, assess, advise, and counsel the board or
division on the Alabama Commercial Energy Code and the impact
of the code upon the economy and the environment.
(3) Solicit and enlist the cooperation of all
appropriate private-sector and community-based organizations
for input and information to carry out its duties and
implement this article.
(4) Make continuing studies, evaluations, and surveys,
on its own initiative or upon the request of the board, of the
needs and impacts of the Alabama Commercial Energy Code.
(5) Make recommendations to the division for the
enactment of additional legislation or rules as it deems
necessary.
(6) Work with the State Energy Office to review
applicable federal regulations regarding the commercial energy
code.
§34-8-55
(a) By December 31, 2025, the committee shall submit to
the board for adoption the proposed Alabama Commercial Energy
Code. Thereafter, the committee shall review and propose
adoption of the code or amendments to the code no less than
two years after the date of publication of the most recent
version of the code.
(b) The proposed Alabama Commercial Energy Code, and
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(b) The proposed Alabama Commercial Energy Code, and
any amendments, changes, editions, or recompilations thereof,
shall be based upon the most recent versions of the
International Energy Conservation Code (IECC) or the
ANSI/ASHRAE/IES Standard 90.1.
(c) The board shall review the proposed Alabama
Commercial Energy Code from the committee and publish the
final version of the Alabama Commercial Energy Code.
Section 7. Article 5, comprised of Sections 41-23-80
through 41-23-85, Code of Alabama 1975, relating to the
Alabama Energy and Residential Codes Board within the Alabama
Department of Economic and Community Affairs, is repealed.
Section 8. (a) A local building code adopted or amended
by any county or municipality after January 1, 2027, shall
meet the minimum standards of the Alabama Residential Building
Code in effect at the time of the local building code adoption
or amendment and shall not exceed the energy provisions of the
Alabama Residential Building Code, unless compliance with any
federal mandate requires such adoption or amendment.
(b) A county commission or municipality shall provide
to the board a copy of any resolution, ordinance, or agreement
adopted pursuant to Section 11-40-10(b)(2), Code of Alabama
1975, within 10 business days of its adoption.
Section 9. This act shall become effective on October
1, 2024.
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1, 2024.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 02-Apr-24, as amended.
John Treadwell
Clerk
Senate 08-May-24 Amended and Passed
House 09-May-24 Concurred in Senate
Amendment
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