reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 10 - Small Business Assistance. › Section 25-10-8 - Cooperation of Department With Federal Agencies; Adoption of Administrative Rules, Regulations, etc.; Cooperation of Other State Departments or Agencies With Department.

Section 25-10-8
Cooperation of department with federal agencies; adoption of administrative rules, regulations, etc.; cooperation of other state departments or agencies with department.
In the administration of this chapter, the department shall cooperate to the fullest extent consistent with the provisions of this chapter with those agencies of the United States government whose programs are complimentary to the objectives and purposes hereof, and shall take such action, through the adoption of administrative rules, regulations, and standards, as may be necessary to secure to this state and its citizens all advantages available under such federal programs and to otherwise assist the citizens of this state in realizing their full economic potential. Each department or other agency of the state shall cooperate with the department in carrying out the purposes of this chapter and shall, when so requested by the department, submit such reports and information as may be necessary or helpful.
(Acts 1975, No. 1229, p. 2582, §6.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 10 - Small Business Assistance. › Section 25-10-9 - Meaningful Percentage of Total Purchases of Articles, Services, etc., of State Departments or Agencies to Be Awarded, etc., to Small Businesses; Designation of Meaningful Percentage; Waiver of Requirements of Section.

Section 25-10-9
Meaningful percentage of total purchases of articles, services, etc., of state departments or agencies to be awarded, etc., to small businesses; designation of meaningful percentage; waiver of requirements of section.
Notwithstanding the provisions of the state bid law or other conflicting statutes of this state, it is herewith provided:
(1) It shall be the policy of the state that, whenever practical, a meaningful percentage of each department's or agency's total purchases of articles, equipment, commodities, supplies, materials, services, or contracts be procured or otherwise awarded to small businesses.
(2) This meaningful percentage shall not be less than 10 percent of the annual value of any department's or agency's total purchases of articles, materials, commodities, supplies, services, or contracts unless that department or agency files with the division a statement explaining the reasons why that agency cannot meet the requirements of this policy. If the division is satisfied that the department's or agency's reasons for its inability to comply with the requirements of this chapter are supported by substantial evidence, it may issue a waiver for that department or agency to the extent it cannot comply. However, such waiver shall be granted for a period not to exceed one year; provided, however, that such waiver may be renewed upon application by the department or agency, review and approval by the division.
(3) The only reasons that shall justify a department or agency being granted a waiver from the provisions of this section are:
a. Impossibility or unreasonable difficulty in procuring such articles, commodities, supplies, materials, services, or contracts from small business enterprises;
b. Inability to procure such articles, supplies, materials, services, or contracts from such small business enterprises at the lowest bid; or
c. Substantial differences in the quality of such articles, supplies, materials, services, or contracts available from small business enterprises as compared to the quality of such items if procured otherwise.
(Acts 1975, No. 1229, p. 2582, §5.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 10 - Small Business Assistance. › Section 25-10-10 - Liberal Construction of Chapter.

Section 25-10-10
Liberal construction of chapter.
This chapter shall be liberally construed to carry out its purposes and objectives of assisting small businesses to successfully enter and remain in the economic mainstream and to otherwise achieve the statement of legislative policy contained herein.
(Acts 1975, No. 1229, p. 2582, §8.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 11 - Directory of New Hires › Section 25-11-4 - Directory of New Hires.

Section 25-11-4
Directory of New Hires.
There is hereby established, within the department, a State Directory of New Hires.
(Acts 1997, No. 97-228, p. 373, §4.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 11 - Directory of New Hires › Section 25-11-5 - Reporting of New Hires, etc.; Duties of Department.

Section 25-11-5
Reporting of new hires, etc.; duties of department.
(a) An employer shall report to the department, within seven days of hiring, each new hire, recall, or rehire. The information to be reported shall include the name, address, Social Security number, and date of hire of each newly hired, recalled, or rehired individual and the name, address, and state and federal identification numbers of the employer. The information shall be reported on forms supplied by the department or by such other method as approved by the secretary. Notwithstanding the foregoing, employers may transmit reports to the department magnetically or electronically twice a month, not less than 12 days nor more than 16 days apart, when required.
(b) The department shall enter into the State Directory of New Hires the information received from an employer within five days of receipt.
(c) The department shall provide this information to the Department of Human Resources in a timely manner as agreed upon by the secretary and the commissioner, for purposes of identifying individuals with outstanding legal child support obligations.
(d) Upon entry into the State Directory of New Hires, the department shall have two days to cross-match the new hire information to identify individuals receiving unemployment compensation or workers' compensation benefits.
(e) Within three days of entry into the State Directory of New Hires, the department shall forward the new hire, recall, and rehire information to the Federal Department of Health and Human Services for inclusion in the National Directory of New Hires.
(Acts 1997, No. 97-228, p. 373, §5.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 11 - Directory of New Hires › Section 25-11-6 - Quarterly Extracts of Reports to Secretary of Labor.

Section 25-11-6
Quarterly extracts of reports to Secretary of Labor.
The State Directory of New Hires shall furnish on a quarterly basis, to the National Directory of New Hires, extracts of the reports required under Section 303(a)(6) of the Social Security Act to be made to the Secretary of Labor concerning the wages and unemployment compensation paid to individuals. The extracts shall be furnished by such dates, in such format, and containing such information as the Secretary of Health and Human Services shall specify in regulations.
(Acts 1997, No. 97-228, p. 373, §6.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 11 - Directory of New Hires › Section 25-11-7 - Entities With Access to Directory.

Section 25-11-7
Entities with access to directory.
(a) The following entities shall have access to the information contained in the State Directory of New Hires:
(1) The Department of Human Resources.
(2) State agencies operating employment security and workers' compensation programs.
(3) State agencies responsible for administering a program specified in Section 1137(b), Social Security Act, pertaining to the Income Eligibility Verification System.
(b) If approved by the Secretary of Health and Human Services, the custodian of records may gain access to information contained in the National Directory of New Hires. The cost of obtaining the information shall be paid by the department at a rate determined to be reasonable by the Secretary of Health and Human Services.
(Acts 1997, No. 97-228, p. 373, §7.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 11 - Directory of New Hires › Section 25-11-8 - Compliance With Federal Unemployment Tax Act.

Section 25-11-8
Compliance with Federal Unemployment Tax Act.
(a) Pursuant to Section 3304(a)(16), Federal Unemployment Tax Act, in order for the state to be certified for tax credit, the custodian of records is specifically authorized to do the following, notwithstanding any law to the contrary:
(1) Provide wage and unemployment compensation information to the Secretary of Health and Human Services, in accordance with regulations promulgated by the secretary, as necessary for the purposes of the National Directory of New Hires.
(2) Provide wage information and welfare assistance information, as provided through a state program funded under Part A of Title IV, Social Security Act, or the Food Stamp Act of 1977, to the state or any of its political subdivisions upon request and for the purpose of determining an individual's eligibility for welfare assistance. The information to be provided shall be that which the Secretary of Health and Human Services has determined in regulations as necessary for the purpose of determining eligibility.
(3) Establish safeguards, as are necessary, as determined by the Secretary of Health and Human Services in regulations, to ensure that information furnished under this section is used only for the purposes authorized under this section.
(b) The custodian of records shall supply only wage and unemployment compensation information that is already contained in its records and the records of the department's Unemployment Compensation Division.
(Acts 1997, No. 97-228, p. 373, §8.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 11 - Directory of New Hires › Section 25-11-9 - Compliance With Social Security Act.

Section 25-11-9
Compliance with Social Security Act.
(a) Pursuant to Section 303(h), Social Security Act, in order for the state to receive administrative grants for unemployment compensation programs, the custodian of records shall, on a reimbursable basis, do the following:
(1) Disclose quarterly to the Secretary of Health and Human Services, wage and claim information as required by Section 453(i)(1), Social Security Act.
(2) Ensure that information provided pursuant to subdivision (1) meets the standards of correctness and verification as required by the Secretary of Health and Human Services, with the concurrence of the Secretary of Labor.
(3) Establish safeguards as the Secretary of Labor determines are necessary to ensure that information disclosed under this section is used only for purposes of Section 453(i)(1), Social Security Act, in carrying out the child support enforcement program under Title IV.
(b) The custodian of records shall supply only wage and claim information that is already contained in its records.
(Acts 1997, No. 97-228, p. 373, §9.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 11 - Directory of New Hires › Section 25-11-10 - Reimbursement for Disclosure of Information.

Section 25-11-10
Reimbursement for disclosure of information.
Pursuant to Section 303(h), Social Security Act, the unemployment compensation information shall be provided to the National Directory of New Hires on a reimbursable basis to the department in an amount which is determined by the Secretary of Health and Human Services to be a reasonable payment for the information exchange. The department shall not be required to disclose unemployment compensation information unless it is reimbursed by the Secretary of Health and Human Services or USDA Food and Consumer Services.
(Acts 1997, No. 97-228, p. 373, §10.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 11 - Directory of New Hires › Section 25-11-11 - Information to Be Provided to Child Support Enforcement Agencies.

Section 25-11-11
Information to be provided to child support enforcement agencies.
Section 303(e), Social Security Act, requires states to provide certain unemployment compensation information to child support enforcement agencies.
(1) The custodian of records is authorized to provide unemployment compensation information to a state or local child support agency, upon request, and for the purpose of enforcing legal child support obligations.
(2) The custodian of records is authorized to provide unemployment compensation information to a state or local child support agency that turns the information over to a private contractor for purposes of establishing and collecting legal child support obligations from, and locating, individuals owing obligations.
(3) This authorization is contingent upon the existence of safeguards consistent with Section 303(e)(1)(B), Social Security Act, as determined in regulations issued by the Secretary of Labor. Until such time as these regulations are issued and adopted, the department shall assure compliance with Section 303(e)(1)(B), Social Security Act, by following the confidentiality provisions of 20 C.F.R. 603.7 pertaining to requesting agencies.
(Acts 1997, No. 97-228, p. 373, §11.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 11 - Directory of New Hires › Section 25-11-12 - Access to Records by Child Support Agencies.

Section 25-11-12
Access to records by child support agencies.
State and local child support agencies may obtain access to department employment security records. Access shall be subject to safeguards, privacy, nonliability of entities that grant the access, and payment of any costs associated with granting the access.
(Acts 1997, No. 97-228, p. 373, §12.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 11 - Directory of New Hires › Section 25-11-13 - Income Eligibility Verification System.

Section 25-11-13
Income Eligibility Verification System.
(a) The state shall maintain an Income Eligibility Verification System (IEVS), which meets the requirements of Section 1137(a), Social Security Act, for the purpose of verifying income for determining welfare assistance eligibility.
(b) Employers, including state and local government entities and labor organizations, shall submit quarterly wage reports to the department. The Secretary of Labor, in consultation with the Secretary of Health and Human Services and the Secretary of Agriculture, may waive this reporting requirement if he or she determines that the state has in effect an alternative system which is as effective and timely for purposes of providing employment related income and eligibility data.
(Acts 1997, No. 97-228, p. 373, §13.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 11 - Directory of New Hires › Section 25-11-14 - Uncollected Food Stamp Overissuances.

Section 25-11-14
Uncollected food stamp overissuances.
(a) An individual filing a new claim for unemployment compensation shall disclose at the time of filing such claim, on a form provided, whether he or she owes an uncollected food stamp overissuance. The secretary shall notify the appropriate Department of Human Resources agency of any individual who discloses that he or she owes an uncollected food stamp overissuance and who is determined to be eligible for unemployment compensation.
(b) The secretary shall deduct and withhold from any unemployment compensation payable to an individual who owes an uncollected food stamp overissuance:
(1) The amount specified as owed by the individual;
(2) The amount, if any, determined pursuant to an agreement submitted to the Department of Human Resources under Section 13(c)(3)(A) of the Food Stamp Act of 1977; or
(3) Any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to Section 13(c)(3)(B) of the Food Stamp Act of 1977.
(c) Any amount deducted and withheld under subsection (b) shall be paid by the secretary to the appropriate agency within the Department of Human Resources.
(d) Any amount deducted and withheld under subsection (b) shall be treated for all purposes as if it were paid to the individual as unemployment compensation and paid by the individual to the Department of Human Resources as repayment of the individual's uncollected food stamp overissuance.
(e) This section shall apply only if arrangements have been made for reimbursement by the Department of Human Resources for the administrative costs incurred by the secretary under this section, which are attributable to the repayment of uncollected food stamp overissuances.
(Acts 1997, No. 97-228, p. 373, §14.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 11 - Directory of New Hires › Section 25-11-15 - Department of Revenue to Furnish Information on Employers; Fee Reimbursed.

Section 25-11-15
Department of Revenue to furnish information on employers; fee reimbursed.
(a) The State Department of Revenue shall furnish to the department information on all employers doing business in the state. This information shall identify all employers who have paid wages, as indicated by the Department of Revenue's tax records.
(b) The Department of Revenue shall be reimbursed a reasonable fee, as determined by the department and the Department of Revenue, for furnishing this information.
(Acts 1997, No. 97-228, p. 373, §15.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 11 - Directory of New Hires › Section 25-11-16 - Promulgation of Rules and Regulations.

Section 25-11-16
Promulgation of rules and regulations.
The secretary or the commissioner may promulgate rules and regulations for the implementation and administration of this chapter pursuant to the Alabama Administrative Procedure Act.
(Acts 1997, No. 97-228, p. 373, §16.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 11 - Directory of New Hires › Section 25-11-17 - Violation; Penalty.

Section 25-11-17
Violation; penalty.
Any person or entity violating any provision of this chapter may be subject to an administrative penalty not to exceed twenty-five dollars ($25) per violation. The secretary shall have the authority to collect and deposit an administrative penalty in the Employment Security Administration Fund to be used in accordance with state law.
(Acts 1997, No. 97-228, p. 373, §17.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 12 - The Boiler and Pressure Vessel Safety Act. › Section 25-12-1 - Short Title.

Section 25-12-1
Short title.
This chapter shall be known and may be cited as the "Boiler and Pressure Vessel Safety Act" and, except as otherwise provided in this chapter, shall apply to all boilers and pressure vessels.
(Act 2000-315, p. 488, §1.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 12 - The Boiler and Pressure Vessel Safety Act. › Section 25-12-2 - Definitions.

Section 25-12-2
Definitions.
As used in this chapter, the following terms shall have the following meanings:
(1) BOARD. The Board of Boilers and Pressure Vessels.
(2) BOILER. A closed vessel in which water or other liquid is heated, steam or vapor is generated, or steam is superheated, or in which any combination of these functions is accomplished, under pressure or vacuum, for use externally to itself, by the direct application of energy from the combustion of fuels or from electrical, solar, or nuclear energy. The term "boiler" shall include fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves. The term "boiler" is further defined to include any of the following terms:
a. Heating boiler. A steam or vapor boiler operating at pressures not exceeding 15 psig or a hot water boiler operating at pressures not exceeding 160 psig or temperatures not exceeding 250 degrees Fahrenheit.
b. High pressure, high temperature water boiler. A water boiler operating at pressures exceeding 160 psig or temperatures exceeding 250 degrees Fahrenheit.
c. Power boiler. A boiler in which steam or other vapor is generated at a pressure of more than 15 psig.
(3) CERTIFICATE OF INSPECTION. An inspection, the report of which is used by the chief inspector to determine whether or not a certificate as provided by subsection (c) of Section 25-12-15 may be issued.
(4) DEPARTMENT. The Department of Labor.
(5) PRESSURE VESSEL. A vessel other than those vessels defined in subdivision (2) in which the pressure is obtained from an external source or by the application of heat.
(6) SECRETARY. The Secretary of Labor.
(Act 2000-315, p. 488, §2.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 12 - The Boiler and Pressure Vessel Safety Act. › Section 25-12-3 - Board of Boilers and Pressure Vessels.

Section 25-12-3
Board of Boilers and Pressure Vessels.
There is created within the Department of Labor a Board of Boilers and Pressure Vessels, which shall be referred to in this chapter as the board. The board shall consist of nine members, the majority of whom shall have experience in design, construction, inspection, repair, or operation of boilers or pressure vessels. Eight of these members shall be citizens of this state and appointed by the Secretary of Labor, two for a term of one year, two for a term of two years, two for a term of three years, and two for a term of four years. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. At the expiration of their respective terms of office, they or their successors identifiable with the same interest respectively as provided in this chapter shall be appointed for terms of four years each. The secretary may at any time remove any member of the board for inefficiency or neglect of duty in office. Upon the death or incapacity of any member, the secretary shall fill the vacancy for the remainder of the unexpired term with a representative of the same interests with which his or her predecessor was identified. Of these eight appointed members, the majority of whom shall be registered professional engineers when available, one shall be a representative of owners and users of power boilers having experience with the boilers; one shall be a representative of owners and users of heating boilers; one shall be a representative of owners and users of pressure vessels having experience with the vessels; one shall be a representative of boiler or pressure vessel manufacturers; one shall be a representative of the crafts involved in the construction, repair, or operation of boilers or pressure vessels; one shall be a representative of the heating contractors; one shall be a representative of a company licensed to insure and insuring in this state boilers and pressure vessels; and one shall represent the public, for example, a mechanical engineer on the faculty of a recognized engineering college within the state or a licensed professional engineer. The ninth member of the board shall be the secretary or his or her designee.
(Act 2000-315, p. 488, §3; Act 2008-143, p. 230, §3; Act 2009-26, p. 85, §3.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 12 - The Boiler and Pressure Vessel Safety Act. › Section 25-12-4 - Rules and Regulations.

Section 25-12-4
Rules and regulations.
(a)(1) The department, with the advice of the board, shall formulate definitions, rules, and regulations for the safe construction, installation, inspection, maintenance, and repair of boilers and pressure vessels in this state.
(2) The definitions, rules, and regulations formulated for new construction shall be based upon and at all times follow the generally accepted nationwide engineering standards, formulas, and practices established and pertaining to boiler and pressure vessel construction and safety. The department, with the advice of the board, may adopt an existing published codification, known as the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers, with the amendments and interpretations made and approved by the council of the society, and may adopt the amendments and interpretations subsequently made and published by the same authority. When adopted, the codification shall be deemed to be incorporated into and shall constitute a part of the definitions, rules, and regulations of the department. Amendments and interpretations to the code shall be effective immediately upon being promulgated, to the end that the definitions, rules, and regulations shall at all times follow the generally accepted nationwide engineering standards.
(3) The department, with the advice of the board, shall formulate the rules and regulations for the inspection, maintenance, and repair of boilers and pressure vessels which were in use in this state prior to the date upon which the first rules and regulations under this chapter pertaining to existing installations become effective or during the 12-month period immediately thereafter. The rules and regulations shall be based upon and at all times follow generally accepted nationwide engineering standards and practices and may adopt the applicable sections of the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors or API 510 of the American Petroleum Institute.
(b) The rules and regulations and any subsequent amendments formulated by the department shall be adopted pursuant to the Alabama Administrative Procedure Act, except the board shall allow a hearing by interested parties prior to adoption. The rules when promulgated shall have the force and effect of law, except that the rules applying to the construction of new boilers and pressure vessels shall not become mandatory until 12 months after their promulgation by the department. Notice of the hearing shall give the time, the place, and state the matters to be considered at the hearing.
(c) Subsequent amendments to the rules and regulations adopted by the department shall be permissive immediately and shall become mandatory 12 months after their promulgation.
(Act 2000-315, p. 488, §4.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 12 - The Boiler and Pressure Vessel Safety Act. › Section 25-12-5 - Installation and Operation to Conform With Rules and Regulations.

Section 25-12-5
Installation and operation to conform with rules and regulations.
No boiler or pressure vessel which does not conform to the rules and regulations of the department governing new construction and installation shall be installed and operated in this state after 12 months from the date upon which the first rules and regulations under this chapter pertaining to new construction and installation shall have become effective, unless the boiler or pressure vessel is of special design or construction and is not inconsistent with the spirit and safety objectives of the rules and regulations, in that event, a special installation and operating permit may be granted by the department.
(Act 2000-315, p. 488, §5.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 12 - The Boiler and Pressure Vessel Safety Act. › Section 25-12-6 - Maximum Allowable Working Pressure.

Section 25-12-6
Maximum allowable working pressure.
(a) The maximum allowable working pressure of a boiler carrying the ASME Code symbol or of a pressure vessel carrying the ASME or API-ASME symbol shall be determined by the applicable sections of the code under which it was constructed and stamped. Subject to the concurrence of the enforcement authority at the point of installation, the boiler or pressure vessel may be rerated in accordance with the rules of a later edition of the ASME Code and in accordance with the rules of the National Board Inspection Code or API 510, as applicable.
(b) The maximum allowable working pressure of a boiler or pressure vessel which does not carry the ASME or the API-ASME Code symbol shall be computed in accordance with the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors.
(c) This chapter shall not be construed to prevent the use, the sale, or the reinstallation of a boiler or pressure vessel referred to in this section, provided it has been made to conform to the rules and regulations of the board governing existing installations and has not been found upon inspection to be in an unsafe condition.
(Act 2000-315, p. 488, §6.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 12 - The Boiler and Pressure Vessel Safety Act. › Section 25-12-8 - Chief Inspector.

Section 25-12-8
Chief inspector.
(a) The secretary may appoint as chief inspector a citizen of this state who at the time of the appointment shall have not less than five years' experience in the construction, installation, inspection, operation, maintenance, or repair of high pressure boilers and pressure vessels as a mechanical engineer, steam operating engineer, boilermaker, or boiler inspector and who shall pass the same type of examination prescribed under Section 25-12-11. The chief inspector may be removed for cause after due investigation by the board and its recommendation to the secretary.
(b) The chief inspector, if authorized by the secretary, shall be charged, directed, and empowered to do all of the following:
(1) To take action necessary for the enforcement of the laws of the state governing the use of boilers and pressure vessels to which this chapter applies and of the rules and regulations of the department.
(2) To keep a complete record of the name of each owner or user and his or her location and, except for pressure vessels covered by an owner or user inspection service, the type, dimensions, maximum allowable working pressure, age, and the last recorded inspection of all boilers and pressure vessels to which the chapter applies.
(3) To publish and make available to anyone requesting them copies of the rules and regulations promulgated by the department.
(4) To issue or to suspend or revoke for cause inspection certificates as provided for in Section 25-12-15.
(5) To cause the prosecution of all violators of this chapter.
(Act 2000-315, p. 488, §8.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 12 - The Boiler and Pressure Vessel Safety Act. › Section 25-12-9 - Deputy Inspectors.

Section 25-12-9
Deputy inspectors.
The secretary may employ deputy inspectors who shall be responsible to the chief inspector. A deputy inspector at the time of appointment shall have three years of experience in the construction, installation, inspection, operation, maintenance, or repair of high pressure boilers and pressure vessels as a mechanical engineer, steam operating engineer, boilermaker, or boiler inspector. A deputy inspector shall pass the examination provided for in Section 25-12-11.
(Act 2000-315, p. 488, §9.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 12 - The Boiler and Pressure Vessel Safety Act. › Section 25-12-10 - Special Inspectors.

Section 25-12-10
Special inspectors.
(a) In addition to the deputy inspectors authorized by Section 25-12-9, the secretary, upon the request of any company licensed to insure and insuring in this state boilers and pressure vessels, or upon the request of any company operating pressure vessels in this state for which the owner or user maintains a regularly established inspection service which is under the supervision of one or more technically competent individuals whose qualifications are satisfactory to the department and causes the pressure vessels to be regularly inspected and rated by the inspection service in accordance with applicable provisions of the rules and regulations adopted by the department pursuant to Section 25-12-4, shall issue to each inspector of the insurance company a certificate of competency as a special inspector and to each inspector of the company operating a pressure vessel a certificate of competency as owner or user inspectors. Each inspector before receiving his or her certificate of competency shall satisfactorily pass the examination provided for by Section 25-12-11 or, in lieu of the examination, shall hold a commission or a certificate of competency as an inspector of boilers or pressure vessels from a state that has a standard of examination substantially equal to that of this state, or a commission as an inspector of boilers and pressure vessels issued by the National Board of Boiler and Pressure Vessel Inspectors. A certificate of competency as an owner or user inspector shall be issued to an inspector of a company operating pressure vessels in this state only if, in addition to meeting the requirements stated in this section, the inspector is employed full time by the company and is responsible for making inspections of pressure vessels used or to be used by the company and which are not for resale.
(b) The expenses or salary of special inspectors or owner or user inspectors shall not be paid by the state. The continuance of their certificates of competency shall be conditioned upon the special inspectors or owner or user inspectors continuing in the employ of the boiler insurance company or in the employ of the company operating pressure vessels in this state and upon their maintenance of the standards imposed by this chapter.
(c) The special inspectors or owner or user inspectors may inspect all boilers and pressure vessels insured or all pressure vessels operated by their respective companies. When inspected, the owners and users of the boilers and pressure vessels shall be exempt from the payment to the state of the inspection fees as prescribed in rules and regulations promulgated by the secretary.
(Act 2000-315, p. 488, §10.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 12 - The Boiler and Pressure Vessel Safety Act. › Section 25-12-11 - Examination of Inspectors.

Section 25-12-11
Examination of inspectors.
The examination for chief, deputy, special, or owner or user inspectors shall be in writing and shall be held by the board or by an examining board appointed in accordance with the requirements of the National Board of Boiler and Pressure Vessel Inspectors, with at least two members present at all times during the examination. The examination shall be confined to questions the answers to which shall aid in determining the fitness and competency of the applicant for the intended service and may be those prepared by the National Board of Boiler and Pressure Vessel Inspectors. If an applicant fails to pass the examination, the applicant may appeal to the board for another examination which shall be given by the board after 90 days. The record of an applicant's examination shall be accessible to the applicant and employer of the applicant.
(Act 2000-315, p. 488, §11.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 12 - The Boiler and Pressure Vessel Safety Act. › Section 25-12-12 - Certificate of Competency - Suspension, Hearing, Reinstatement.

Section 25-12-12
Certificate of competency - Suspension, hearing, reinstatement.
(a) An inspector's certificate of competency may be suspended by the secretary after investigation and recommendation by the board for the incompetence or untrustworthiness of the holder of the certificate, for willful falsification of any matter or statement contained in the application of the inspector, or in a report of any inspection he or she made. Written notice of any suspension shall be given by the secretary within 10 days of the suspension to the inspector and the employer of the inspector. A person whose certificate of competency has been suspended shall be entitled to an appeal to the board pursuant to Section 25-12-19 and shall be present in person and may be represented by counsel at the hearing of the appeal.
(b) If the board believes that an inspector is no longer qualified to hold his or her certificate of competency, the board, upon 10 days' written notice to the inspector and the employer of the inspector, shall hold a hearing at which the inspector and his or her employer shall have an opportunity to be heard. If, as a result of the hearing, the board shall find that the inspector is no longer qualified to hold his or her certificate of competency, the board shall recommend to the secretary that the certificate of competency be revoked and the secretary shall immediately revoke the certificate of competency.
(c) A person whose certificate of competency has been suspended shall be entitled to apply, after 90 days from the date of the suspension, for reinstatement of the certificate of competency.
(Act 2000-315, p. 488, §12.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 12 - The Boiler and Pressure Vessel Safety Act. › Section 25-12-13 - Certificate of Competency - Replacement Upon Loss or Destruction.

Section 25-12-13
Certificate of competency - Replacement upon loss or destruction.
If a certificate of competency is lost or destroyed, a new certificate of competency shall be issued without further examination.
(Act 2000-315, p. 488, §13.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 12 - The Boiler and Pressure Vessel Safety Act. › Section 25-12-16 - Reinspection; Payment of Fees.

Section 25-12-16
Reinspection; payment of fees.
(a) Boilers and pressure vessels subject to operating certificate inspections by special inspectors, or owner or user inspectors, shall be inspected within 60 calendar days following the required reinspection date. Inspections not performed within this 60 calendar day period shall result in a fine of five hundred dollars ($500) for each boiler or pressure vessel not inspected.
(b)(1) Inspection fees due on boiler and pressure vessels subject to inspection by the chief or deputy inspectors or operating certificate fees due from inspections performed by special inspectors, or owner or user inspectors, shall be paid within 60 calendar days of completion of the inspections.
(2) Inspection fees or operating certificate fees unpaid within 60 calendar days shall bear interest at the rate of 1.5 percent per month or any fraction of a month. Interest shall continue to accrue until all amounts due, including interest, are received by the secretary.
(c) The secretary may waive the collection of the penalties and interest assessed as provided in subsections (a) and (b) when it is reasonably determined that the delays in inspection or payment were unavoidable or due to the action or inaction of the department.
(Act 2000-315, p. 488, §16.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 12 - The Boiler and Pressure Vessel Safety Act. › Section 25-12-17 - Operation Without Valid Inspection Certificate.

Section 25-12-17
Operation without valid inspection certificate.
After 12 months for power boilers, 24 months for low pressure steam heating, hot water heating, and hot water supply boilers, and 36 months for pressure vessels following July 1, 2001, it shall be unlawful for any person, firm, partnership, or corporation to operate in this state a boiler or pressure vessel, except a pressure vessel covered by owner or user inspection service as provided for in Section 25-12-15, without a valid inspection certificate. The operation of a boiler or pressure vessel without the inspection certificate or at a pressure exceeding that specified in the inspection certificate or in violation this chapter shall constitute a misdemeanor.
(Act 2000-315, p. 488, §17.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 12 - The Boiler and Pressure Vessel Safety Act. › Section 25-12-18 - Disposition of Fees.

Section 25-12-18
Disposition of fees.
The owner or user of a boiler or pressure vessel required by this chapter to be inspected by the chief inspector or his or her deputy inspector shall pay directly to the chief inspector, upon completion of inspection, fees as prescribed in rules and regulations promulgated by the secretary. Pressure vessel certificates of inspection fees shall not exceed ten dollars ($10) annually. The chief inspector shall transfer all fees received to a separate fund in the State Treasury to the credit of the department for its operation. All funds, pursuant to this chapter, deposited in the State Treasury shall be appropriated by the Legislature to the Secretary of Labor pursuant to the Budget Management Act and Article 4 of Chapter 4 of Title 41. All fees collected above the appropriated amount shall be transferred to the General Fund at the end of each fiscal year.
(Act 2000-315, p. 488, §18; Act 2009-26, p. 85, §3.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 12 - The Boiler and Pressure Vessel Safety Act. › Section 25-12-19 - Bond.

Section 25-12-19
Bond.
The chief inspector shall furnish a bond in the sum of five thousand dollars ($5,000) and each of the deputy inspectors employed and paid by the state shall furnish a bond in the sum of two thousand dollars ($2,000) conditioned upon the faithful performance of their duties and upon a true account of moneys handled by them, respectively, and the payment thereof to the proper recipient.
(Act 2000-315, p. 488, §19.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 12 - The Boiler and Pressure Vessel Safety Act. › Section 25-12-20 - Appeal and Review.

Section 25-12-20
Appeal and review.
(a) Any person aggrieved by an order or an act of the secretary or the chief inspector under this chapter may, within 15 days of notice thereof, appeal from the order or act to the board which, within 30 days thereafter, shall issue an appropriate order either approving or disapproving the order or act. A copy of the order by the board shall be given to all interested parties.
(b) After any order or act of the board, any person aggrieved thereby may file a petition in the Circuit Court of Montgomery County for review pursuant to the Alabama Administrative Procedure Act.
(Act 2000-315, p. 488, §20.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 12 - The Boiler and Pressure Vessel Safety Act. › Section 25-12-21 - Preemption.

Section 25-12-21
Preemption.
No county, municipality, or other political subdivision shall have the power to make any laws, ordinances, or resolutions providing for the construction, installation, inspection, maintenance, and repair of boilers and pressure vessels within the limits of the county, municipality, or other political subdivision.
(Act 2000-315, p. 488, §21.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 12 - The Boiler and Pressure Vessel Safety Act. › Section 25-12-22 - Sunset Provision.

Section 25-12-22
Sunset provision.
Repealed by Act 2016-30, §3, effective February 29, 2016.
(Act 2000-315, p. 488, §22.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 13 - Elevator Safety. › Section 25-13-1 - Purpose.

Section 25-13-1
Purpose.
(a) The purpose of this chapter is to provide for the safety of life and limb and to promote public safety awareness. The use of unsafe and defective lifting devices imposes a substantial probability of serious and preventable injury to employees and the public exposed to unsafe conditions. The prevention of these injuries and protection of employees and the public from unsafe conditions is in the best interest of the people of this state. Elevator personnel performing work covered by this chapter shall by documented training or experience, or both, be familiar with the operation and safety functions of the components and equipment. Training and experience shall include, but not be limited to, recognizing the safety hazards and performing the procedures to which they are assigned in conformance with the requirements of this chapter. This chapter shall establish the minimum standards for elevator personnel.
(b) The provisions of this chapter are not intended to prevent the use of systems, methods, or devices of equivalent or superior quality, strength, fire resistance, code effectiveness, durability, and safety to those required by this chapter, provided that there is technical documentation to demonstrate the equivalency of the system, method, or device, as prescribed in ASME A17.1, ASME A18.1, or ASCE 21.
(c) The design or modification of equipment covered by this chapter shall be prepared by or under the direct control and personal supervision of a licensed professional engineer.
(Act 2003-349, p. 903, §1.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 13 - Elevator Safety. › Section 25-13-3 - Applicability.

Section 25-13-3
Applicability.
(a) Unless otherwise provided herein, this chapter covers the design, construction, operation, inspection, testing, maintenance, alteration, and repair of the following equipment, its associated parts, and its hoistways:
(1) Hoisting and lowering mechanisms equipped with a car or platform, which move between two or more landings. This equipment includes, but is not limited to, the following:
a. Elevators.
b. Platform lifts and stairway chairlifts.
(2) Power driven stairways and walkways for carrying persons between landings. This equipment includes, but is not limited to, the following:
a. Escalators.
b. Moving walks.
(3) Hoisting and lowering mechanisms equipped with a car which serves two or more landings and is restricted to the carrying of material by its limited size or limited access to the car. This equipment includes, but is not limited to, the following:
a. Dumbwaiters.
b. Material lifts and dumbwaiters with automatic transfer devices.
(b) This chapter covers the design, construction, operation, inspection, maintenance, alteration, and repair of automatic guided transit vehicles on guideways with an exclusive right-of-way including, but not limited to, automated people movers.
(c) Equipment not covered by this chapter includes, but is not limited to, any of the following:
(1) Personnel hoists within the scope of ANSI A10.4.
(2) Material hoists within the scope of ANSI A10.5.
(3) Manlifts within the scope of ASME A90.1.
(4) Mobile scaffolds, towers, and platforms within the scope of ANSI A92.
(5) Powered platforms and equipment for exterior and interior maintenance within the scope of ANSI 120.1.
(6) Conveyors and related equipment within the scope of ASME B20.1.
(7) Cranes, derricks, hoists, hooks, jacks, and slings within the scope of ASME B30.
(8) Industrial trucks within the scope of ASME B56.
(9) Portable equipment, except for portable escalators which are covered by ANSI A17.1.
(10) Tiering or piling machines used to move materials to and from storage located and operating entirely within one story.
(11) Equipment for feeding or positioning materials at machine tools, printing presses, etc.
(12) Skip or furnace hoists.
(13) Wharf ramps.
(14) Railroad car lifts or dumpers.
(15) Line jacks, false cars, shafters, moving platforms, and similar equipment used for installing an elevator by a contractor licensed in this state.
(16) Equipment otherwise covered under this chapter which is located at an industrial facility that is not accessible by the general public and which is used in the construction, operation, or maintenance of the facility.
(d) This chapter shall not apply to any entity engaged in the generation, transmission, or distribution of electric energy or any employee, agent, or contractor thereof when performing work for the utility or other entity described herein.
(e) The providers required to be licensed under Section 34-14C-4, shall be exempt from this chapter.
(Act 2003-349, p. 903, §3.)