SB101INTRODUCED
Page 0
SB101
QPDK454-1
By Senators Kelley, Elliott, Kitchens, Sessions, Carnley,
Shelnutt, Orr, Figures, Beasley, Bell, Jones
RFD: Fiscal Responsibility and Economic Development
First Read: 14-Feb-24
1
2
3
4
5
6 QPDK454-1 02/06/2024 MAP (L)ma 2024-513
Page 1
First Read: 14-Feb-24
SYNOPSIS:
Under existing law, the Board of Heating, Air
Conditioning, and Refrigeration Contractors certifies
individuals to install, service, or repair heating, air
conditioning, and refrigeration systems.
This bill would further provide for the Board of
Heating, Air Conditioning, and Refrigeration
Contractors.
This bill would remove provisions related to
apprentices.
This bill would allow an increase in the maximum
amount of a performance bond.
This bill would allow contractors to perform
certain electrical work incidental to the installation,
service, or repair of residential heating and air
conditioning systems.
This bill would also make nonsubstantive,
technical revisions to update existing code language to
current style.
A BILL
TO BE ENTITLED
AN ACT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 SB101 INTRODUCED
Page 2
Relating to the Board of Heating, Air Conditioning, and
Refrigeration Contractors; to amend Sections 34-31-18,
34-31-24, 34-31-25, 34-31-28, 34-31-30, 34-31-32, and
34-31-34, Code of Alabama 1975, to further provide for the
Board of Heating, Air Conditioning, and Refrigeration
Contractors; to remove provisions governing apprentices; to
allow an increase in the maximum amount of a performance bond;
to allow contractors to perform electrical work incidental to
the installation, service, or repair of residential heating
and air conditioning systems; and to make nonsubstantive,
technical revisions to update existing code language to
current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 34-31-18, 34-31-24, 34-31-25,
34-31-28, 34-31-30, 34-31-32, and 34-31-34, Code of Alabama
1975, are amended to read as follows:
"§34-31-18
For the purposes of this chapter, the following terms
shall have the following meanings herein ascribed to them
unless the context clearly indicates otherwise :
(1) ADMINISTRATIVE PROCEDURE LAWACT. Sections 41-22-1
through 41-22-27, Chapter 22 of Title 41 and any subsequent
amendment or supplement thereto, and any rules or regulations
promulgated thereto adopted thereunder .
(2) APPRENTICE. A person other than a certified
heating, air conditioning, or refrigeration contractor, who is
engaged in learning and assisting in the installation,
service, or repair of a heating, air conditioning, or
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56 SB101 INTRODUCED
Page 3
service, or repair of a heating, air conditioning, or
refrigeration system and working under the direct supervision
of a certified heating, air conditioning, or refrigeration
contractor, and who has successfully fulfilled the voluntary
registration requirements of the board and has been duly
registered by the board as such for the current year.
(3)(2) BOARD. The State Board of Heating, Air
Conditioning, and Refrigeration Contractors , herein
established.
(4)(3) CERTIFICATION or LICENSE. The process of testing
to determine the knowledge and skill of an individual with
respect to heating, air conditioning, and refrigeration. This
term is used herein interchangeably with the term "license. "
(5)(4) CERTIFIED HEATING AND AIR CONDITIONING
CONTRACTOR. Any and all legal entities person engaged in the
business of heating and air conditioning contracting and
installation or service and repair.
(6)(5) CERTIFIED REFRIGERATION CONTRACTOR. Any and all
legal entities person engaged in the business of refrigeration
contracting and servicing, installation, and repair.
(7)(6) DUCT AIR TIGHTNESS TESTING CONTRACTOR. Any
individual who engages person engaged in the practice of
testing and verifying duct air tightness in conjunction with
the installation, service, or repair of a heating and air
conditioning system.
(8)(7) HEATING AND AIR CONDITIONING SYSTEMS OR SYSTEM.
A heating and/or or cooling apparatus consisting of an air
heating and/or or cooling fixture from pipes, plenums, or
blowers, including any accessory and equipment installed in
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84 SB101 INTRODUCED
Page 4
blowers, including any accessory and equipment installed in
connection herewith within the system. ; specifically excluding
The term does not include window units, automotive, or farm
implement type heating orand/or air conditioning equipment.
(9)(8) INSTALLATION. The act of setting up or
installing a heating and air conditioning system or
refrigeration system for operation and use.
(9) PERSON. Includes an individual, firm, partnership,
or corporation.
(10) REFRIGERATION. The use of mechanical or absorption
equipment to control temperature, humidity, or both, in order
to satisfy the intended use of a specific space, other than
for human comfort.
(11) REFRIGERATION TRADE OR BUSINESS. Includes any and
all Any individual and legal entities entity engaged in the
installation, maintenance, servicing, and repairing of
refrigerating machinery, equipment, devices, and components.
(12) REGULARLY EMPLOYED PERSON. A personAn individual
who is meets all of the following conditions:
a. Is an actual employee of the business, not an
independent contractor. The person must work
b. Works an average of 30 or more hours per week for
the heating, air conditioning, or refrigeration business.
c. Is A regularly employed person must not be paid as
an independent contractor .
d.and must receive Receives a Form W-2, Wage and Tax
Statement, for all earnings.
(13) RESPONSIBLE CHARGE. The direction of projects
involving the installation or service and repair of heating,
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112 SB101 INTRODUCED
Page 5
involving the installation or service and repair of heating,
air conditioning, and refrigeration systems requiring
initiation, professional skills, technical knowledge, and
independent judgment.
(14) SERVICE AND REPAIR. The act of maintaining for
operation a heating, air conditioning, or refrigeration system
which that has previously been installed , including parts
replacement within a piece of equipment."
"§34-31-24
(a)(1) No individual, partnership, or corporation shall
person may advertise, solicit, bid, obtain permitpermits, do
business, or perform the function of a certified contractor
unless the person or persons in responsible charge, as defined
in Section 34-31-18, are is a certified contractorscontractor.
(2) Every contractor licensed under this chapter shall
display the contractor's certification number and the company
name on any and all documentation, forms of advertising, and
on all service and installation vehicles used in conjunction
with heating, air conditioning, and refrigeration contracting.
(3) A contractor licensed under this chapter may not
permit the use of his or her license by any other
personsperson.
(4) No official charged with the duty of issuing who
issues licenses to any individual, partnership, or corporation
person to operate a business as a certified contractor shall
may issue sucha license unless there is presented for
inspection a certificate of qualification as provided for
herein issued by the board to the individual or to some the
person in responsible charge with the partnership or
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140 SB101 INTRODUCED
Page 6
person in responsible charge with the partnership or
corporation.
(b) The following requirements apply to the practice of
testing or verifying duct air tightness:
(1) Any individual who engages in the practice of
testing and verifying duct air tightness is required to
register with the board. Such The individuals shall not be are
not required to become a certified heating and air
conditioning contractor, but shall complete training as set
forth by this subsection. The board shall maintain a list of
individuals who are registered duct envelope testing
contractors in the practice of testing and verifying duct air
tightness and leakage. The board may establish fees to be paid
by registrants. All fees must accompany the application for
registration and are nonrefundable. All registrations must be
renewed by December 31 of each year beginning in 2016 . The
board may establish a late fee for those individuals failing
to renew by December 31.
(2) Any board certified heating and air conditioning
contractor, or home builder licensed by the Alabama Home
Builders Licensure Board, seeking to register as a duct
tightness tester for the purposes of testing ducts on his or
her own project or on a third party basis for the general
public, must successfully complete the Residential Energy
Services Network Home Energy Rating Systems (HERS) Rater
training, the Building Performance Institute Building Analyst
(BPI) training, or the Home Builders Association of Alabama
Qualified Credentialed Air Tightness Verifier (QCATV)
training. Any applicant that is not a board certified
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168 SB101 INTRODUCED
Page 7
training. Any applicant that is not a board certified
contractor or a licensed home builder seeking to register as a
duct tightness tester for the purposes of testing duct work on
a third party basis for the general public, must successfully
complete the Residential Energy Services Network Home Energy
Rating System (HERS) Rater training or the Building
Performance Institute Building Analyst (BPI) training. Each
applicant must submit verification that he or she has
successfully completed the training required by at least one
of the above listed programs to the board prior to receiving
the registration in order to be added to the list of
registered individuals. Each registrant must submit proof of
completion, approved by the Home Builders Association of
Alabama, prior to annual re-registration by the board.
(3) The board may discipline any registrant who fails
to conduct air tightness testing to the standards set forth by
the board. Discipline for registrants may include any and all
penalties authorized by this chapter."
"§34-31-25
(a)(1) For the purpose of defraying the expense in
carrying out the provisions of this chapter, the board may fix
fees to be paid for the issuance, reissuance, and replacement
of certificates, and for any other service provided by the
board, but in no event shall the charges fixed by the board
exceed two hundred fifty dollars ($250). The inactive fees may
be waived for building officials or inspectors, as defined by
the International Code Council. All fees fixed by the board
must accompany the application, and no part of the fees shall
be refunded. The fees shall be received by the board and held
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196 SB101 INTRODUCED
Page 8
be refunded. The fees shall be received by the board and held
solely for the purpose of paying the expense of carrying out
the provisions of this chapter.
(2) Renewal fees shall be established by the board as
to insure ensure adequate funding to support the board. Fees
shall not exceed two hundred fifty dollars ($250) per year.
The amount of these fees shall be established by the board on
an annual basis to provide adequate funding to support the
board and to pay the expenses incurred for applications,
examinations, and/or renewals of licenses.
(b) Fees for apprentice registration and annual renewal
fees shall not exceed fifty dollars ($50).
(c)(b) All penalties collected by the board shall be
used in the same manner and for the same purpose as fees.
(d)(c) Fees for Duct Envelope Testing Contractors
application and annual renewal shall not exceed one hundred
dollars ($100)."
"§34-31-28
(a) All prospective certified contractors in this state
desiringseeking to qualify in accordance with the provisions
of this chapter shall be required to stand for a written
examination before the board. Any applicant failing to pass
his or her first examination for a certificate shall be
entitled tomay take any subsequent examination, either written
or, upon request of the applicant, a practical examination
which is equivalent to the written examination, to be held
within six months from the date of his or her first or latest
unsuccessful examination.
(b) The board shall register every person who may apply
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224 SB101 INTRODUCED
Page 9
(b) The board shall register every person who may apply
for an apprentice heating, air conditioning, or refrigeration
registration certificate upon forms provided by the board and
upon payment of all prescribed fees.
(c)(b) The board shall examine the character, fitness,
and qualifications of every personindividual who applies for a
certified heating, air conditioning, or refrigeration
contractor license upon forms prescribed by the board and upon
payment of all prescribed fees.
(d)(c) An applicant for examination for a heating, air
conditioning, or refrigeration certified contractor license
shall be eligible to stand for the examination if the
applicant has held an apprentice registration, issued by this
board, for two or more calendar years; or has completed 3,000
hours of coursework orwork experience, as defined by the
board;, or is a graduate of an approved heating, air
conditioning, or refrigeration curriculum.
(e) All legal entities engaged in the refrigeration
business for a period of two years prior to May 13, 2009, may
apply to the board for a certified refrigeration contractor
license without standing for a written examination. The
applicant shall provide evidence of such experience to the
board as promulgated in the rules of the board. An applicant
who does not apply for such certification by December 31,
2011, must stand for the written examination.
(f)(d) Counties, municipalities, or other local
entities are hereby prohibited from requiring any further
local testing or satisfaction of other requirements ofby
certified contractors, subject to the payment of any
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252 SB101 INTRODUCED
Page 10
certified contractors, subject to the payment of any
applicable local privilege, license, or business fees or
charges.
(g)(e)PersonsIndividuals licensed by the Alabama
Liquefied Petroleum Gas Board are exempt from this chapter
pertaining to heating, air conditioning, and refrigeration
when:
(1) Engaged in the installation, repair, or replacement
of a liquefied petroleum gas appliance so long as the
appliance is not connected to a refrigeration system, except
provided that such persons the individuals may also engage in
the replacement or repair of a liquefied petroleum gas central
heating unit when it is combined with an air conditioning
unit.
(2) Engaged in the installation of a venting system
required for a vented-type liquefied petroleum gas appliance.
(h)(f) This chapter does not apply to any of the
following:
(1) An authorized employee of the United States, the
State of Alabama this state, or any municipality, county, or
other political subdivision, if the employee does not hold
himself or herself out for hire or otherwise engage in
contracting except in accordance with his or her employment.
(2) Any mobile home or manufactured structure that is
installed, inspected, or regulated by the Alabama Manufactured
Housing Commission; however, the repair, servicing of a
heating and air conditioning system, or the installation of a
new heating and air conditioning system in a previously
inspected manufactured structure is subject to this chapter.
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280 SB101 INTRODUCED
Page 11
inspected manufactured structure is subject to this chapter.
(3) PersonsIndividuals performing work on motor
vehicles, residential refrigerators, or ice machines.
(4) Household appliances.
(5) Farm equipment.
(6) Poultry operations whether engaged in hatching,
primary processing, or further processing of chicken, turkey,
or other fowl.
(g) A contractor, licensed pursuant to this chapter for
the installation, service, or repair of residential heating
and air conditioning systems, is permitted to install all
electrical connections required to energize the equipment
being installed, serviced, or repaired, including dedicated
electrical wiring from the electrical panel to the unit, and
shall not be subject to the requirements of Chapter 36 of
Title 34, relating to electrical contractors, for the conduct
of the work."
"§34-31-30
The board may require a performance bond in the amount
of fifteen thousand dollars ($15,000) not to exceed twenty-five
thousand dollars ($25,000) per year for all active certified
contractors. There shall be no discrimination between
contractors similarly situated, and each classification of
regulated contractors for bonding purposes must be reasonable
in light ofconsidering the purpose of the bond."
"§34-31-32
(a) Except as provided in Section 13A-9-111.1, any
personindividual engaged in business as a certified contractor
or performing the functions of a certified contractor in
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308 SB101 INTRODUCED
Page 12
or performing the functions of a certified contractor in
violation of this chapter shall be guilty of a Class A
misdemeanor, as defined by the state criminal code .
(b) The board may impose late penalties on those
certified contractors who fail to renew certificates by
December 31 of each year. The board may also remove the
certification from any certified personindividual who fails to
renew his or her certificate by the first day of March and
require the person individual to apply for a new certificate.
Furthermore, the board may remove, revoke, or suspend the
certification from any certified contractor who provides
substandard or dangerous service, repair, or installation, or
who otherwise violates this chapter, and may require such
person to apply for a new certification. The board may also
require the successful re-testing of any such previously
certified personindividual who applies for a new
certification.
(c) The board may reprimand, in writing, any certified
contractor who provides substandard or dangerous service,
repair, or installation, or who otherwise violates this
chapter.
(d) The board may remove, revoke, or suspend the
certification of any certified contractor who provides
substandard or dangerous service, repair, or installation, or
who otherwise violates this chapter, and may require any
previously certified individual to apply for a new
certification.
(d)(e) The board may levy and collect administrative
fines for serious violations of this chapter or the rules of
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336 SB101 INTRODUCED
Page 13
fines for serious violations of this chapter or the rules of
the board of not more than two thousand dollars ($2,000) for
each violation.
(e)(f)(1)In addition to or in lieu of the criminal
penalties and administrative sanctions provided in this
chapter, the board may issue an order to any person , firm, or
corporation engaged in any activity, conduct, or practice
constituting that is a violation of this chapter, directing
the person, firm, or corporation to cease and desist from the
activity, conduct, practice, or performance of any work then
being donein progress or about to be commenced. The order
shall be issued in the name of the State of Alabama this state
under the authority of the board.
(2) If the person, firm, or corporation fails to
immediately comply with the whom the board directs a cease and
desist order, does not cease or desist the proscribed
activity, conduct, practice, or performance of work
immediately, the board shall cause to issue in petition any
court of competent jurisdiction and proper venue, to issue a
writ of injunction enjoining the person , firm, or corporation
from engaging in any activity, conduct, practice, or
performance of work prohibited by this chapter. Upon a
sufficient showing by the board that the person , firm, or
corporation has engaged or is engaged in any activity,
conduct, practice, or performance of work prohibited by this
chapter, the courtscourtshallmay issue a temporary
restraining order restrainingto enjoin the person, firm, or
corporation from engaging in such unlawful activity, conduct,
practice, or the performance of work pending the hearing on a
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364 SB101 INTRODUCED
Page 14
practice, or the performance of work pending the hearing on a
preliminary injunction , and in due course . After a hearing,
the court may issue a permanent injunction shall issue after
the hearing, commanding the cessation of the unlawful
activity, conduct, practice, or performance of work complained
of, all without the necessity of the board having to give
bond. A temporary restraining order, preliminary injunction,
or permanent injunction issued pursuant to this subsection
shall not be subject to being released on bond.
(3) In the suit for an injunction, the board may demand
of the defendant issue a fine of up to two thousand dollars
($2,000) plus costs for each offense. Anyone violating this
chapter who fails
(4) Any failure to cease work, after a hearing and
notification from the board, shall not be eligiblerender an
individual ineligible to apply for a certified contractor's
license for a period not to exceed one year from the date of
official notification to cease work. The board may withhold
approval, for up to six months, of any application from
anyoneany individual who, prior to the application , has been
found in violation of this chapter."
"§34-31-34
Any appeals to the chapter shall be as defined by the
Alabama Administrative Procedure Act , Chapter 22 of Title 41 .
Any judicial review pursuant to the Alabama Administrative
Procedure Act must be filed, commenced, and maintained in the
Circuit Court of Montgomery County, Alabama. "
Section 2. This act shall become effective on October
1, 2024.
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392