AL
Alabama House Bill HB161

Alabama 2025 Regular Session

Alabama House Bill HB161 Compare Versions

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1+HB161INTRODUCED
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33 HB161
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4+18153L3-1
55 By Representative Lipscomb
66 RFD: State Government
77 First Read: 04-Feb-25
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12-5 HB161 Engrossed
12+5 18153L3-1 02/04/2025 CMH (L)CMH 2024-2331
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1414 First Read: 04-Feb-25
15-A BILL
16-TO BE ENTITLED
17-AN ACT
18-Relating to building codes; to amend Sections 41-9-160,
19-41-9-161, 41-9-162, 41-9-163, 41-9-164, 41-9-165, 41-9-166,
20-41-9-167, 41-9-170, 41-9-171, 41-9-172, 41-9-173, and
21-41-9-174, Code of Alabama 1975, to provide for the
22-standardization of certain building codes in the state; to
23-require the Division of Construction Management within the
24-Department of Finance to adopt certain building codes; to
25-further provide for the applicability and enforcement of the
26-codes; to add Section 41-9-166.1 to the Code of Alabama 1975,
27-to authorize certain coastal counties and municipalities to
28-adopt supplemental coastal building codes; and to amend
29-Sections 34-2-30 and 34-2-32, Code of Alabama 1975, to further
30-provide for the practice of architecture and duties of local
31-code officials; and to provide a criminal penalty for a
32-violation.
33-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
34-Section 1. Sections 41-9-160, 41-9-161, 41-9-162,
35-41-9-163, 41-9-164, 41-9-165, 41-9-166, 41-9-167, 41-9-170,
36-41-9-171, 41-9-172, 41-9-173, and 41-9-174, Code of Alabama
37-1975, are amended to read as follows:
15+SYNOPSIS:
16+Under existing law, the Division of Construction
17+Management within the Department of Finance, which was
18+formerly the State Building Commission, is required to
19+adopt state building codes and state energy
20+conservation codes. The codes apply only to state
21+public buildings, public schools, hotels, and movie
22+theatres. The codes do not apply to private residential
23+or non-residential buildings and structures.
24+Also under existing law, each county commission
25+and municipality may adopt local building codes for its
26+jurisdiction. The codes are enforced at the local
27+level.
28+This bill would provide for the standardization
29+of the building codes across the state and would place
30+the authority to adopt the codes with the Division of
31+Construction Management. This bill would also include
32+all non-residential buildings within the state building
33+code and would specify that county and municipal
34+governing bodies would have the primary authority to
35+enforce the building codes with respect to the
36+non-residential buildings.
37+This bill would establish a process for
38+periodically updating the building codes.
39+This bill would authorize certain coastal
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6668 Page 2
67-1975, are amended to read as follows:
68-"§41-9-160
69-When used in this division, the following words and
70-phrases shall have the following meanings, respectively,
71-unless the context clearly indicates otherwise:
72-(1) BUILDING CODE OFFICIAL. The individual appointed by
73-the Division of Construction Management or the county,
74-municipality, or other political subdivision of this state
75-having responsibility for the issuance of building permits and
76-the administration of the state building code, or a fire
77-marshal where there is no such official.
78-(2) DIVISION OF CONSTRUCTION MANAGEMENT. The Division
79-of Construction Management within the Department of Finance.
80-(5) NON-RESIDENTIAL BUILDING. A building that is not a
81-residence.
82-(6) RESIDENCE. A single unit providing complete
83-independent residential living facilities for one or more
84-persons, including permanent provisions for living, sleeping,
85-eating, cooking, and sanitation.
86-(1)(8) STATE BUILDING AND CONSTRUCTION. All buildings
87-and other structures erected or acquired by or in behalf of
88-the State of Alabama or any of its agencies or
89-instrumentalities.
90-(2)(7) SCHOOLHOUSE. Any building or other structure
91-erected or acquired by the public schools of Alabama and also
92-shall mean any private building in which 25 or more persons
93-are congregated regularly for the purpose of instruction in
94-any branch of knowledge.
95-(3) HOTEL. Any public inn or lodging house of 15 or
69+This bill would authorize certain coastal
70+counties and municipalities to adopt supplemental
71+coastal building codes for protection against
72+hurricanes, high winds, and erosion.
73+This bill would also further provide for the
74+scope of practice of architecture and the duties of a
75+local building code official and would provide criminal
76+penalties for a violation.
77+A BILL
78+TO BE ENTITLED
79+AN ACT
80+Relating to building codes; to amend Sections 41-9-160,
81+41-9-161, 41-9-162, 41-9-163, 41-9-164, 41-9-165, 41-9-166,
82+41-9-167, 41-9-170, 41-9-171, 41-9-172, 41-9-173, and
83+41-9-174, Code of Alabama 1975, to provide for the
84+standardization of certain building codes in the state; to
85+require the Division of Construction Management within the
86+Department of Finance to adopt certain building codes; to
87+further provide for the applicability and enforcement of the
88+codes; to add Section 41-9-166.1 to the Code of Alabama 1975,
89+to authorize certain coastal counties and municipalities to
90+adopt supplemental coastal building codes; and to amend
91+Sections 34-2-30 and 34-2-32, Code of Alabama 1975, to further
92+provide for the practice of architecture and duties of local
93+code officials; and to provide a criminal penalty for a
94+violation.
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125-(3) HOTEL. Any public inn or lodging house of 15 or
126-more bedrooms, in which transient guests are lodged for pay.
127-(4) MOVINGMOTION PICTURE THEATRE. Any building in which
128-movingmotion pictures are featured regularly for charge of
129-admission."
130-"§41-9-161
131-For the further protection of the people of Alabama,
132-the Construction Management Division of the Department of
133-Finance is authorized and directed hereby to promulgate and to
134-enforceDivision of Construction Management shall adopt a code
135-of minimum building standards pursuant to the Alabama
136-Administrative Procedure Act . The code adopted by the
137-Construction Management Division of the Department of Finance
138-under the provisions of this section, after having been
139-recorded in the office of Secretary of State for 60 days,
140-shall become effective.
141-The Construction Management Division of the Department
142-of Finance shall have the code printed suitably immediately
143-subsequent to its filing and shall distribute promptly the
144-printed copies thereof in the same manner as acts of the
145-Legislature are distributed; provided, however, that no charge
146-may be collected by the Construction Management Division of
147-the Department of Finance for copies of the code and that any
148-person shall be furnished a copy upon request. "
149-"§41-9-162
150-(a) The code of minimum building standards promulgated
151-and enforcedadopted by the Construction Management Division of
152-the Department of Finance Division of Construction Management
153-shall be applicable only to all state buildings and
124+violation.
125+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
126+Section 1. Sections 41-9-160, 41-9-161, 41-9-162,
127+41-9-163, 41-9-164, 41-9-165, 41-9-166, 41-9-167, 41-9-170,
128+41-9-171, 41-9-172, 41-9-173, and 41-9-174, Code of Alabama
129+1975, are amended to read as follows:
130+"§41-9-160
131+When used in this division, the following words and
132+phrases shall have the following meanings, respectively,
133+unless the context clearly indicates otherwise:
134+(1) BUILDING CODE OFFICIAL. The individual appointed by
135+the Division of Construction Management or the county,
136+municipality, or other political subdivision of this state
137+having responsibility for the issuance of building permits and
138+the administration of the state building code, or a fire
139+marshal where there is no such official.
140+(2) DIVISION OF CONSTRUCTION MANAGEMENT. The Division
141+of Construction Management within the Department of Finance.
142+(5) NON-RESIDENTIAL BUILDING. A building that is not a
143+residence.
144+(6) RESIDENCE. A single unit providing complete
145+independent residential living facilities for one or more
146+persons, including permanent provisions for living, sleeping,
147+eating, cooking, and sanitation.
148+(1)(8) STATE BUILDING AND CONSTRUCTION. All buildings
149+and other structures erected or acquired by or in behalf of
150+the State of Alabama or any of its agencies or
151+instrumentalities.
152+(2)(7) SCHOOLHOUSE. Any building or other structure
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183-shall be applicable only to all state buildings and
184-construction, schoolhouses, hotels ,and moving picture
185-theatres, and all other non-residential buildings in
186-Alabamathis state. The code of minimum building standards
187-shall not apply to any residence or structure, or improvement
188-thereto, that is regulated by the Home Builders Licensure
189-Board pursuant to Chapter 14A of Title 34 .
190-(b) The effect of the building code shall be limited,
191-in the cases of state building and construction and public
192-schoolhouses, to buildings and structures erected or acquired
193-after the operative date thereof. As to private schoolhouses,
194-hotels and moving picture theatres, the code shall apply to
195-the place of conduct of each such business activity not
196-employed or in the process of erection for that purpose prior
197-to the effective date thereof.
198-(b) The building code shall be enforced as follows:
199-(1) The Division of Construction Management shall have
200-the primary authority to enforce the building code with
201-respect to state buildings and construction, schoolhouses,
202-hotels, and motion picture theatres.
203-(2) County and municipal governing bodies may adopt and
204-implement a permitting and inspection program to enforce the
205-building code with respect to all other non-residential
206-buildings.
207-(c) No building code official may impose additional or
208-more stringent code requirements than what is specified in the
209-building code."
210-"§41-9-163
211-(a) The requirements of the building code shall be such
182+(2)(7) SCHOOLHOUSE. Any building or other structure
183+erected or acquired by the public schools of Alabama and also
184+shall mean any private building in which 25 or more persons
185+are congregated regularly for the purpose of instruction in
186+any branch of knowledge.
187+(3) HOTEL. Any public inn or lodging house of 15 or
188+more bedrooms, in which transient guests are lodged for pay.
189+(4) MOVINGMOTION PICTURE THEATRE. Any building in which
190+movingmotion pictures are featured regularly for charge of
191+admission."
192+"§41-9-161
193+For the further protection of the people of Alabama,
194+the Construction Management Division of the Department of
195+Finance is authorized and directed hereby to promulgate and to
196+enforceDivision of Construction Management shall adopt a code
197+of minimum building standards pursuant to the Alabama
198+Administrative Procedure Act . The code adopted by the
199+Construction Management Division of the Department of Finance
200+under the provisions of this section, after having been
201+recorded in the office of Secretary of State for 60 days,
202+shall become effective.
203+The Construction Management Division of the Department
204+of Finance shall have the code printed suitably immediately
205+subsequent to its filing and shall distribute promptly the
206+printed copies thereof in the same manner as acts of the
207+Legislature are distributed; provided, however, that no charge
208+may be collected by the Construction Management Division of
209+the Department of Finance for copies of the code and that any
210+person shall be furnished a copy upon request. "
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241-(a) The requirements of the building code shall be such
242-that the safety, health, general welfare and morals of the
243-people of Alabama thereby will be protected.
244-(b)(a) It shall be unlawful for any state building or
245-structure subject to this division construction or any public
246-schoolhouse which does not conform to not meet the
247-requirements of the building code to be erected or acquired .
248-(c)(b) It shall be unlawful for any person to operate a
249-private school, hotel , or moving picture theatre , or other
250-non-residential building that which does not meet fully the
251-requirements of the building code unless suchthe building was
252-used for that purpose prior to the effective date of the
240+person shall be furnished a copy upon request. "
241+"§41-9-162
242+(a) The code of minimum building standards promulgated
243+and enforcedadopted by the Construction Management Division of
244+the Department of Finance Division of Construction Management
245+shall be applicable only to all state buildings and
246+construction, schoolhouses, hotels ,and moving picture
247+theatres, and all other non-residential buildings in
248+Alabamathis state. The code of minimum building standards
249+shall not apply to any residence .
250+(b) The effect of the building code shall be limited,
251+in the cases of state building and construction and public
252+schoolhouses, to buildings and structures erected or acquired
253+after the operative date thereof. As to private schoolhouses,
254+hotels and moving picture theatres, the code shall apply to
255+the place of conduct of each such business activity not
256+employed or in the process of erection for that purpose prior
257+to the effective date thereof.
258+(b) The building code shall be enforced as follows:
259+(1) The Division of Construction Management shall have
260+the primary authority to enforce the building code with
261+respect to state buildings and construction, schoolhouses,
262+hotels, and motion picture theatres.
263+(2) County and municipal governing bodies shall have
264+the primary authority to enforce the building code with
265+respect to all other non-residential buildings.
266+(c) No building code official may impose additional or
267+more stringent code requirements than what is specified in the
253268 building code."
254-"§41-9-164
255-(a) By July 1, 2025, the Division of Construction
256-Management shall submit a proposed rule pursuant to the
257-Alabama Administrative Procedure Act to begin the formal
258-rulemaking process to adopt the 2021 version of the model
259-building codes described in Section 41-9-166.
260-The Construction Management Division of the Department
261-of Finance is authorized and directed to make such changes in
262-the code from time to time as seem advisable in the best
263-interest of the people of Alabama. Changes in the code shall
264-take effect and shall be printed and distributed in the same
265-manner as the original code was made effective, printed and
266-distributed.
267-(b) Beginning January 1, 2027, and no more than every
268-six years thereafter, the Division of Construction Management
269-shall review all existing codes and determine whether the
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299-shall review all existing codes and determine whether the
300-codes should be continued without change or should be amended
301-or rescinded to conform to the International Code Council's
302-model building codes, and if necessary, shall adopt a revised
303-rule that the Division of Construction Management determines
304-is best applicable for the state's building code.
305-(c) The Division of Construction Management may adopt
306-rules to change the state's building code as the division
307-deems necessary to comply with a change in federal or state
308-law or to be in the best interest of the people in this
309-state."
310-"§41-9-165
311-(a) The Division of Construction Management
312-Construction Management Division of the Department of Finance
313-is empowered tomay provide adequate inspection service to
314-insureensure compliance with the building code.
315-(b) On request of the Division of Construction
316-Management, Other agencies and instrumentalities of the state
317-government are directed hereby to cooperate, as requested by
318-the commission, a state agency shall assist in the enforcement
319-of the building code.
320-(c) The commissionDivision of Construction Management
321-may appoint, subject to the Merit System, suchan adequate
322-number of persons, including architectural and technical
323-employees, as are necessary for the duties hereby imposed to
324-perform the duties required by this article and as otherwise
325-required by law."
326-"§41-9-166
327-(a) The Division of Construction Management, by rule,
298+building code."
299+"§41-9-163
300+(a) The requirements of the building code shall be such
301+that the safety, health, general welfare and morals of the
302+people of Alabama thereby will be protected.
303+(b)(a) It shall be unlawful for any state building or
304+structure subject to this division construction or any public
305+schoolhouse which does not conform to not meet the
306+requirements of the building code to be erected or acquired .
307+(c)(b) It shall be unlawful for any person to operate a
308+private school, hotel , or moving picture theatre , or other
309+non-residential building that which does not meet fully the
310+requirements of the building code unless suchthe building was
311+used for that purpose prior to the effective date of the
312+building code."
313+"§41-9-164
314+(a) By July 1, 2025, the Division of Construction
315+Management shall submit a proposed rule to the Legislative
316+Services Agency to begin the formal rulemaking process to
317+adopt the 2021 version of the model building codes described
318+in Section 41-9-166.
319+(b) Beginning January 1, 2027, and every three years
320+thereafter, the Division of Construction Management shall
321+submit a proposed rule to the Legislative Services Agency to
322+begin the formal rulemaking process to adopt the International
323+Code Council's most recent publication of the revised model
324+building codes described in Section 41-9-166. The Construction
325+Management Division of the Department of Finance is authorized
326+and directed to make such changes in the code from time to
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356+and directed to make such changes in the code from time to
357+time as seem advisable in the best interest of the people of
358+Alabama. Changes in the code shall take effect and shall be
359+printed and distributed in the same manner as the original
360+code was made effective, printed and distributed.
361+(c) Every rule adopted under this section shall be
362+subject to the Alabama Administrative Procedure Act. "
363+"§41-9-165
364+(a) The Division of Construction Management
365+Construction Management Division of the Department of Finance
366+is empowered tomay provide adequate inspection service to
367+insureensure compliance with the building code.
368+(b) On request of the Division of Construction
369+Management, Other agencies and instrumentalities of the state
370+government are directed hereby to cooperate, as requested by
371+the commission, a state agency shall assist in the enforcement
372+of the building code.
373+(c) The commissionDivision of Construction Management
374+may appoint, subject to the Merit System, suchan adequate
375+number of persons, including architectural and technical
376+employees, as are necessary for the duties hereby imposed to
377+perform the duties required by this article and as otherwise
378+required by law."
379+"§41-9-166
357380 (a) The Division of Construction Management, by rule,
358381 shall adopt the following model building codes published by
359382 the International Code Council, which shall apply to every
360383 non-residential building in the state:
361384 (1) International Building Code.
362-(2) International Existing Building Code.
363-(3) International Plumbing Code.
364-(4) International Fuel Gas Code.
365-(5) International Mechanical Code.
366-(b) To assure uniform application of the model building
367-codes, the Division of Construction Management shall offer and
368-provide guidance to any county or municipality within the
369-state.
370-Any municipality in the State of Alabama may adopt any
371-model building code published by the Southern Building Code
372-Congress International and the National Electrical Code
373-published by the National Fire Protection Association as a
374-municipal ordinance, enlarging the applicability thereof to
375-include private buildings and structures other than private
376-schoolhouses, hotels, public and private hospitals, and moving
377-picture houses as it deems necessary and to prescribe
378-penalties for violations thereof in the same manner in which
379-other ordinances and related penalty provisions are adopted
380-and prescribed.
381-Any county commission similarly may adopt and enlarge
382-the applicability of any model building code published by the
383-Southern Building Code Congress International and the National
384-Electrical Code published by the National Fire Protection
385-Association for the county, prescribing penalties for
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414+(1) International Building Code.
415+(2) International Existing Building Code.
416+(3) International Plumbing Code.
417+(4) International Fuel Gas Code.
418+(5) International Mechanical Code.
419+(b) To assure uniform application of the model building
420+codes, the Division of Construction Management shall offer and
421+provide guidance to any county or municipality within the
422+state.
423+Any municipality in the State of Alabama may adopt any
424+model building code published by the Southern Building Code
425+Congress International and the National Electrical Code
426+published by the National Fire Protection Association as a
427+municipal ordinance, enlarging the applicability thereof to
428+include private buildings and structures other than private
429+schoolhouses, hotels, public and private hospitals, and moving
430+picture houses as it deems necessary and to prescribe
431+penalties for violations thereof in the same manner in which
432+other ordinances and related penalty provisions are adopted
433+and prescribed.
434+Any county commission similarly may adopt and enlarge
435+the applicability of any model building code published by the
436+Southern Building Code Congress International and the National
437+Electrical Code published by the National Fire Protection
415438 Association for the county, prescribing penalties for
416439 violations thereof, by resolution duly recorded in its minutes
417440 and, after notice of four weeks, by publication once weekly in
418441 some county newspaper, if there is one published in the
419442 county, and by posted notices at the door of each courthouse
420-in the county.
421-Changes in the provisions of the building code effected
422-by the Construction Management Division of the Department of
423-Finance may be adopted similarly by counties and
424-municipalities.
425-No county or municipality shall apply the building code
426-to state buildings and construction of public schoolhouses.
427-Model building codes adopted by a county or
428-municipality pursuant to this section shall only apply to
429-structures and facilities on the customer's side of the
430-electric meter and shall not apply to any electric power
431-generation, transmission, or distribution facilities on the
432-electric service provider's side of the electric meter.
433-Nothing contained in this section shall be construed as
434-requiring the advertising or posting of the code itself. The
435-provisions of this section shall be satisfied by giving of
436-notice that it is proposed to adopt a code. "
437-"§41-9-167
438-(a) No provision of the state building code , or any
439-municipal or county building code, or any other law or rule ,
440-may prohibit or otherwise limit the use of a substitute
441-refrigerant or substitute refrigerant-equipped product that
442-complies with the National Clean Air Act pursuant to 42 U.S.C.
443-§ 7671k and regulations adopted thereunder.
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472+county, and by posted notices at the door of each courthouse
473+in the county.
474+Changes in the provisions of the building code effected
475+by the Construction Management Division of the Department of
476+Finance may be adopted similarly by counties and
477+municipalities.
478+No county or municipality shall apply the building code
479+to state buildings and construction of public schoolhouses.
480+Model building codes adopted by a county or
481+municipality pursuant to this section shall only apply to
482+structures and facilities on the customer's side of the
483+electric meter and shall not apply to any electric power
484+generation, transmission, or distribution facilities on the
485+electric service provider's side of the electric meter.
486+Nothing contained in this section shall be construed as
487+requiring the advertising or posting of the code itself. The
488+provisions of this section shall be satisfied by giving of
489+notice that it is proposed to adopt a code. "
490+"§41-9-167
491+(a) No provision of the state building code , or any
492+municipal or county building code, or any other law or rule ,
493+may prohibit or otherwise limit the use of a substitute
494+refrigerant or substitute refrigerant-equipped product that
495+complies with the National Clean Air Act pursuant to 42 U.S.C.
473496 § 7671k and regulations adopted thereunder.
474497 (b) Any heating, ventilation, air conditioning, or
475498 refrigeration equipment containing a refrigerant described in
476499 subsection (a) shall be listed and installed in accordance
477500 with all applicable safety standards and use conditions
478-imposed pursuant to the designation."
479-"§41-9-170
480-When used in this division, the following words and
481-phrases shall have the following meanings, respectively,
482-unless the context clearly indicates otherwise:
483-(1) Commission(3) DIVISION OF CONSTRUCTION MANGEMENT .
484-The Construction Management Division of Division of
485-Construction Management within the Department of Finance.
486-(2) DIRECTORDirector. The Director of the Technical
487-Staff of the Construction Management Division Division of
488-Construction Management of the Department of Finance .
489-(3) Code(1) CODE. The state energy conservation
490-building code to be adopted by the Construction Management
491-Division of the Department of Finance Division of Construction
492-Management."
493-"§41-9-171
494-For the health and welfare of the people of Alabama,
495-the Construction Management Division of the Department of
496-Finance of the State of Alabama, which was created in 1945 by
497-the Legislature, is authorized and hereby directed to adopt,
498-promulgateDivision of Construction Management shall adopt and
499-enforce a state energy conservation building code pursuant to
500-the Alabama Administrative Procedure Act . The code adopted by
501-the commission under the provisions of this division, after
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530+with all applicable safety standards and use conditions
531+imposed pursuant to the designation."
532+"§41-9-170
533+When used in this division, the following words and
534+phrases shall have the following meanings, respectively,
535+unless the context clearly indicates otherwise:
536+(1) Commission(3) DIVISION OF CONSTRUCTION MANGEMENT .
537+The Construction Management Division of Division of
538+Construction Management within the Department of Finance.
539+(2) DIRECTORDirector. The Director of the Technical
540+Staff of the Construction Management Division Division of
541+Construction Management of the Department of Finance .
542+(3) Code(1) CODE. The state energy conservation
543+building code to be adopted by the Construction Management
544+Division of the Department of Finance Division of Construction
545+Management."
546+"§41-9-171
547+For the health and welfare of the people of Alabama,
548+the Construction Management Division of the Department of
549+Finance of the State of Alabama, which was created in 1945 by
550+the Legislature, is authorized and hereby directed to adopt,
551+promulgateDivision of Construction Management shall adopt and
552+enforce a state energy conservation building code pursuant to
553+the Alabama Administrative Procedure Act . The code adopted by
531554 the commission under the provisions of this division, after
532555 having been recorded in the office of Secretary of State for
533556 60 days, shall become effective. The code shall be applicable
534557 to all buildings constructed or remodeled after May 2, 1978,
535558 with state appropriated funds or funds from any other
536-instrumentality of the state. ItThe code shall include a
537-minimal energy conservation section which controls those items
538-affecting heat loss in the exterior envelopment of buildings
539-and affecting climatic control and illumination of buildings."
540-"§41-9-172
541-(a) The director of the technical staff of the
542-commission shall adopt the code as required by law and have the
543-responsibility for developing said code and presenting it to
544-the commission for adoption and, in fulfillment of such
545-responsibility, may , as it becomes necessary, may contract for
546-the consultant services of architects, engineers , and other
547-technicians with a portion of the funds provided. It shall be
548-the further responsibility of the director to
549-(b) The director shall keep the code updated and
550-consistent with acceptable engineering and architectural
551-practices. by from time to time presenting the commission with
552-recommended changes and modifications for adoption. The
553-director shall, at the earliest possible date after the
554-passage of this division, submit a state building code for any
555-building or construction utilizing state funds to the
556-commission for adoption. Said
557-(c) The code shall contain provisions for an energy
558-conservation code which regulates regulate the thermal
559-efficiency of the exterior of buildings and the efficiency of
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588+with state appropriated funds or funds from any other
589+instrumentality of the state. ItThe code shall include a
590+minimal energy conservation section which controls those items
591+affecting heat loss in the exterior envelopment of buildings
592+and affecting climatic control and illumination of buildings."
593+"§41-9-172
594+(a) The director of the technical staff of the
595+commission shall adopt the code as required by law and have the
596+responsibility for developing said code and presenting it to
597+the commission for adoption and, in fulfillment of such
598+responsibility, may , as it becomes necessary, may contract for
599+the consultant services of architects, engineers , and other
600+technicians with a portion of the funds provided. It shall be
601+the further responsibility of the director to
602+(b) The director shall keep the code updated and
603+consistent with acceptable engineering and architectural
604+practices. by from time to time presenting the commission with
605+recommended changes and modifications for adoption. The
606+director shall, at the earliest possible date after the
607+passage of this division, submit a state building code for any
608+building or construction utilizing state funds to the
609+commission for adoption. Said
610+(c) The code shall contain provisions for an energy
611+conservation code which regulates regulate the thermal
589612 efficiency of the exterior of buildings and the efficiency of
590613 lighting design and climatic control in buildings.
591614 (d) The directorcode shall include in the said code
592615 thermal and lighting efficiency standards which willthat meet
593616 both of the following criteria:
594-(1) Be applicable to all new and renovated buildings ;
595-and.
596-(2) Be no less stringent than the Appendix J of the
597-standard building code ANSI/ASHRAE/IES Standard 90.1-2013,
598-Energy Standards for Buildings Except Low-Rise Residential
599-Buildings, or the current approved energy code ."
600-"§41-9-173
601-The director shall prepare and offer suchany training
602-and assistance as the Construction Management Division of the
603-Department of Finance Division of Construction Management deems
604-necessary in implementing the provisions of this division and
605-the standards herein established state energy conservation
606-building code."
607-"§41-9-174
608-The commission also shall cause the director to
609-formulatestate energy conservation building code shall include
610-guidelines for thermal and lighting efficiency applicable to
611-all new and renovated buildings, whether such the buildings
612-are state funded or not, and guidelines for the manner of
613-implementation thereforof the code."
614-Section 2. Section 41-9-166.1 is added to the Code of
615-Alabama 1975, to read as follows:
616-§41-9-166.1
617-(a) As used in this section, the following terms have
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646+both of the following criteria:
647+(1) Be applicable to all new and renovated buildings ;
648+and.
649+(2) Be no less stringent than the Appendix J of the
650+standard building code."
651+"§41-9-173
652+The director shall prepare and offer suchany training
653+and assistance as the Construction Management Division of the
654+Department of Finance Division of Construction Management deems
655+necessary in implementing the provisions of this division and
656+the standards herein established state energy conservation
657+building code."
658+"§41-9-174
659+The commission also shall cause the director to
660+formulatestate energy conservation building code shall include
661+guidelines for thermal and lighting efficiency applicable to
662+all new and renovated buildings, whether such the buildings
663+are state funded or not, and guidelines for the manner of
664+implementation thereforof the code."
665+Section 2. Section 41-9-166.1 is added to the Code of
666+Alabama 1975, to read as follows:
667+§41-9-166.1
647668 (a) As used in this section, the following terms have
648669 the following meanings:
649670 (1) COASTAL COUNTY. A county whose borders include or
650671 abut the waters of the Gulf of Mexico.
651672 (2) COASTAL MUNICIPALITY. A municipal corporation whose
652673 corporate limits, or a portion thereof, are within a coastal
653674 county or are otherwise within 25 miles of the waters of the
654-Gulf of Mexico.
655-(b) Notwithstanding any provision of this division to
656-the contrary, the governing body of a coastal county or
657-coastal municipality may adopt supplemental coastal building
658-code requirements to provide increased protections against
659-hurricanes, high winds, wind-driven rain, flooding, erosion,
660-and other hazards and circumstances, the likelihood of which
661-is substantially increased due to the entity's proximity to
662-the coast.
663-Section 3. Sections 34-2-30 and 34-2-32, Code of
664-Alabama 1975, are amended to read as follows:
665-"§34-2-30
666-For the purposes of this chapter, the following words
667-and phrases shall have the meanings respectively ascribed by
668-this section:
669-(1) ARCHITECT. An individual who istechnically and
670-legally qualified to engage in the practice of architecture
671-who is registered as an architect in the State of Alabama with
672-the State Board for Registration of Architects .
673-(2) ARCHITECTURAL SERVICES. The creation of drawings
674-and specifications and other technical documentation for
675-submission to the building code official for final approval
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705-submission to the building code official for final approval
706-and the administration of construction for the purpose of
707-determining compliance with the drawings and specifications.
708-These drawings generally consist of, but are not limited to,
709-plans, elevations, sections, and details of the related
710-construction as well as code analysis.
704+county or are otherwise within 25 miles of the waters of the
705+Gulf of Mexico.
706+(b) Notwithstanding any provision of this division to
707+the contrary, the governing body of a coastal county or
708+coastal municipality may adopt supplemental coastal building
709+code requirements to provide increased protections against
710+hurricanes, high winds, wind-driven rain, flooding, erosion,
711+and other hazards and circumstances, the likelihood of which
712+is substantially increased due to the entity's proximity to
713+the coast.
714+Section 3. Sections 34-2-30 and 34-2-32, Code of
715+Alabama 1975, are amended to read as follows:
716+"§34-2-30
717+For the purposes of this chapter, the following words
718+and phrases shall have the meanings respectively ascribed by
719+this section:
720+(1) ARCHITECT. An individual who istechnically and
721+legally qualified to engage in the practice of architecture
722+who is registered as an architect in the State of Alabama with
723+the State Board for Registration of Architects .
724+(2) ARCHITECTURAL SERVICES. The creation of drawings
725+and specifications and other technical documentation and
726+administration of construction for the purpose of determining
727+compliance with the drawings and specifications. These
728+drawings generally consist of, but are not limited to, plans,
729+elevations, sections, and details of the related construction
730+as well as code analysis.
711731 (3) BOARD. The State Board for Registration of
712732 Architects.
713-(2)(4) BUILDING. A structure consisting of foundation,
714-walls, or supports and roof, with or without related
715-components, systems, or other parts comprising a completed
716-building ready for occupancy.
717-(5) BUILDING CODE OFFICIAL. The individual appointed by
718-the county, municipality, or other political subdivision of
719-this state having responsibility for the issuance of building
720-permits and the administration of the state building code, or
721-a fire marshal where there is no such local official.
722-(3)(6) PRACTICE ARCHITECTURE or PRACTICING
723-ARCHITECTURE. Performing or doing, or offering or attempting
724-to do or perform any service, work, act, or thing within the
725-scope of the practice of architecture. An individual shall be
726-construed to hold himself or herself out as practicing
727-architecture when, by verbal claim, sign, advertisement,
728-letterhead, card, or any other way, the individual represents
729-himself or herself to be an architect with or without
730-qualifying adjective, or when he or she implies that he or she
731-is an architect through the use of some other title.
732-(4)(7) PRACTICE OF ARCHITECTURE. When an individual
733-holds himself or herself out as able to render or when the
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762+Architects.
763+(2)(4) BUILDING. A structure consisting of foundation,
764+walls, or supports and roof, with or without related
765+components, systems, or other parts comprising a completed
766+building ready for occupancy.
767+(5) BUILDING CODE OFFICIAL. The individual appointed by
768+the county, municipality, or other political subdivision of
769+this state having responsibility for the issuance of building
770+permits and the administration of the state building code, or
771+a fire marshal where there is no such local official.
772+(3)(6) PRACTICE ARCHITECTURE or PRACTICING
773+ARCHITECTURE. Performing or doing, or offering or attempting
774+to do or perform any service, work, act, or thing within the
775+scope of the practice of architecture. An individual shall be
776+construed to hold himself or herself out as practicing
777+architecture when, by verbal claim, sign, advertisement,
778+letterhead, card, or any other way, the individual represents
779+himself or herself to be an architect with or without
780+qualifying adjective, or when he or she implies that he or she
781+is an architect through the use of some other title.
782+(4)(7) PRACTICE OF ARCHITECTURE. When an individual
763783 holds himself or herself out as able to render or when the
764784 person does render any service by consultations,
765785 investigations, evaluations, preliminary studies, plans,
766786 specifications, contract documents, and a coordination of all
767787 factors concerning the design and observation of construction
768788 of buildings or any other service in connection with the
769789 design, observation, or construction of buildings located
770790 within the boundaries of the state, regardless of whether such
771-services are performed in connection with one or all of these
772-duties, or whether they are performed in person or as the
773-directing head of an office or organization performing them.
774-(8) REGISTRATION. The certificate of registration
775-issued by the State Board for Registration of Architects.
776-(5)(9) RESPONSIBLE CONTROL. Control over all phases of
777-the practice of architecture, including, but not limited to,
778-control over and detailed knowledge of the content of
779-technical submissions during their preparation as is
780-ordinarily exercised by registered architects applying the
781-required professional standard of care."
782-"§34-2-32
783-(a) Nothing contained in this chapter shall prevent:
784-(1) Employees of registered architects from acting
785-under the instructions or responsible control of their
786-employers; or,
787-(2) The employment of on-site observers of the
788-construction or alteration of buildings.
789-(b) No person shall be required to register as an
790-architect in order to make plans and specifications for or
791-administer the erectionconstruction, enlargement, or
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820+within the boundaries of the state, regardless of whether such
821+services are performed in connection with one or all of these
822+duties, or whether they are performed in person or as the
823+directing head of an office or organization performing them.
824+(8) REGISTRATION. The certificate of registration
825+issued by the State Board for Registration of Architects.
826+(5)(9) RESPONSIBLE CONTROL. Control over all phases of
827+the practice of architecture, including, but not limited to,
828+control over and detailed knowledge of the content of
829+technical submissions during their preparation as is
830+ordinarily exercised by registered architects applying the
831+required professional standard of care."
832+"§34-2-32
833+(a) Nothing contained in this chapter shall prevent:
834+(1) Employees of registered architects from acting
835+under the instructions or responsible control of their
836+employers; or,
837+(2) The employment of on-site observers of the
838+construction or alteration of buildings.
839+(b) No person shall be required to register as an
840+architect in order to make plans and specifications for or
821841 administer the erectionconstruction, enlargement, or
822842 alteration of any of the following:
823843 (1) Any building upon any farm for the use of any
824844 farmer, irrespective of the cost of such the building, or any.
825845 (2) Any single family residence building or any.
826846 (3) Any utility works, structures, or building,
827847 provided that the person performing suchthe architectural
828848 works is employed by an electric, gas, or telephone public
829-utility regulated pursuant to the laws of Alabama or by a
830-corporation affiliated with such utility , or of any.
831-(4) Any other type building which has a total area of
832-less than 2,500 square feet , provided it is not intended for
833-use as a school, church, auditorium, or other building
834-intended for the assembly occupancy of people , as defined by
835-the International Building Code and which includes, but is not
836-limited to, any building used for gatherings of people for
837-purposes such as civic, social, or religious functions,
838-recreation, food or drink consumption, or awaiting
839-transportation.
840-(c) The services of a registered architect shall be
841-required on all commercial construction projects, including
842-new construction and renovations and alterations, which are
843-not buildings except those hereinabove exempted pursuant to
844-subsection (b) and are general maintenance or cosmetic
845-interior finish upgrades and which are larger than 2,500 total
846-square feet and no.
847-(d) Nobuilding code official of this state or of any
848-city, town, or county herein charged with the enforcement of
849-laws, ordinances, or regulationsrules relating to the
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878+works is employed by an electric, gas, or telephone public
879+utility regulated pursuant to the laws of Alabama or by a
880+corporation affiliated with such utility , or of any.
881+(4) Any other type building which has a total area of
882+less than 2,500 square feet , provided it is not intended for
883+use as a school, church, auditorium, or other building
884+intended for the assembly occupancy of people , as defined by
885+the International Building Code and which includes, but is not
886+limited to, any building used for gatherings of people for
887+purposes such as civic, social, or religious functions,
888+recreation, food or drink consumption, or awaiting
889+transportation.
890+(c) The services of a registered architect shall be
891+required on all commercial construction projects, including
892+new construction and renovations and alterations, which are
893+not buildings except those hereinabove exempted pursuant to
894+subsection (b) and which are larger than 2,500 total square
895+feet and no.
896+(d) Nobuilding code official of this state or of any
897+city, town, or county herein charged with the enforcement of
879898 laws, ordinances, or regulationsrules relating to the
880899 construction or alteration of buildings , shall accept or
881900 approve any plans or specifications that are not so prepared
882901 by a registered architect and stamped with the architect's
883902 seal. A violation of this subsection is a Class C misdemeanor.
884903 (d)(e)(1) Nothing in this chapter shall prevent
885904 registered professional engineers or their employees or
886905 subordinates under their responsible control from performing
887906 architectural services incidental to their engineering
888-practice.
889-(2) Nothing in this chapter shall prevent registered
890-architects or their employees or subordinates under their
891-responsible control from performing engineering services
892-incidental to their architectural practice.
893-(f)(1) No professional engineer shall practice
894-architecture or use the designation "architect" or any terms
895-derived therefrom unless that individual is registered
896-pursuant to this chapter.
897-(2) No architect shall practice professional
898-engineering or use the term "engineer" or any term derived
899-therefrom unless that individual is also qualified and
900-registered as an engineer."
901-Section 4. The Division of Construction Management
902-within the Department of Finance shall post the following
903-public notice on a website maintained by the division:
904-"All commercial construction projects (both new
905-construction and renovations), not excluded by Alabama law,
906-which are larger than 2,500 total square feet are required by
907-law to be designed by a registered architect in the State of
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936+architectural services incidental to their engineering
937+practice.
938+(2) Nothing in this chapter shall prevent registered
939+architects or their employees or subordinates under their
940+responsible control from performing engineering services
941+incidental to their architectural practice.
942+(f)(1) No professional engineer shall practice
943+architecture or use the designation "architect" or any terms
944+derived therefrom unless that individual is registered
945+pursuant to this chapter.
946+(2) No architect shall practice professional
947+engineering or use the term "engineer" or any term derived
948+therefrom unless that individual is also qualified and
949+registered as an engineer."
950+Section 4. The Division of Construction Management
951+within the Department of Finance shall post the following
952+public notice on a website maintained by the division:
953+"All commercial construction projects (both new
954+construction and renovations), not excluded by Alabama law,
955+which are larger than 2,500 total square feet are required by
937956 law to be designed by a registered architect in the State of
938957 Alabama.
939958 Construction documents required include all plans,
940959 elevations, sections, and details related to the construction
941960 project as well as code analysis. All documents shall be
942961 stamped with the professional's seal."
943962 Section 5. Each building code official, as defined by
944963 Section 34-2-30, Code of Alabama 1975, shall post the
945964 following public notice in a conspicuous manner at the permit
946-office and, if applicable, on the website of the building code
947-official:
948-"All commercial construction projects (both new
949-construction and renovations), not excluded by Alabama law,
950-which are larger than 2,500 total square feet are required by
951-law to be designed by a registered architect in the State of
952-Alabama.
953-Construction documents required include all plans,
954-elevations, sections, and details related to the construction
955-project as well as code analysis. All documents shall be
956-stamped with the professional's seal."
957-Section 6. With the exception of public property, as
958-that term is defined in Section 39-2-1, Code of Alabama 1975,
959-nothing in the minimum building standards code or the energy
960-conservation building code adopted pursuant to Divisions 2 or
961-3 of Article 6 of Chapter 9, Title 41, Code of Alabama 1975,
962-shall apply to any building whose primary purpose is to
963-support and facilitate raising, harvesting, and selling crops
964-for the feeding, breeding, management, raising, sale, or
965-production of livestock, or for the growing and sale of timber
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995-production of livestock, or for the growing and sale of timber
996-and forest products or for any other agricultural or
997-horticultural use or animal husbandry or combination thereof;
998-provided, the building is not used as an assembly occupancy of
999-people as defined by the International Building Code.
1000-Section 7. A licensed health care facility may continue
1001-to adhere to all rules and regulations adopted by their
1002-governing state and federal authorities concerning building
1003-codes, notwithstanding any provision of the minimum building
1004-standards code or the energy conservation building code
1005-adopted pursuant to Divisions 2 and 3 of Article 6 of Chapter
1006-9, Title 41, Code of Alabama 1975, to the contrary.
1007-Section 8. This act shall become effective on July 1,
994+following public notice in a conspicuous manner at the permit
995+office and, if applicable, on the website of the building code
996+official:
997+"All commercial construction projects (both new
998+construction and renovations), not excluded by Alabama law,
999+which are larger than 2,500 total square feet are required by
1000+law to be designed by a registered architect in the State of
1001+Alabama.
1002+Construction documents required include all plans,
1003+elevations, sections, and details related to the construction
1004+project as well as code analysis. All documents shall be
1005+stamped with the professional's seal."
1006+Section 6. This act shall become effective on July 1,
10081007 2025.
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1021-489 HB161 Engrossed
1022-Page 19
1023-2025.
1024-House of Representatives
1025-Read for the first time and referred
1026-to the House of Representatives
1027-committee on State Government
1028-................04-Feb-25
1029-Read for the second time and placed
1030-on the calendar:
1031- 1 amendment
1032-................12-Feb-25
1033-Read for the third time and passed
1034-as amended
1035-Yeas 97
1036-Nays 2
1037-Abstains 1
1038-................13-Feb-25
1039-John Treadwell
1040-Clerk
1041-490
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1020+489