reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-10-1 - CONSTRUCTION INDUSTRY CRAFT TRAINING FEES › Section 355-10-1-.03 - Excluded Entities

Current through Register Vol. 42, No. 9, June 28, 2024
Specifically excluded are any licensed home builder, as defined
				in Chapter 14A of Title 34,
Code of Ala. 1975
; any
				subcontractor working on a residential construction site including renovations
				to any residential structure; or any person or entity specifically exempt under
				Chapter 14 A of Title 34,
Code of Ala. 1975
, except
				for subdivision (3) of Section
				34-14A-6,
Code of Ala. 1975
. A licensed homebuilder is not
				exempted if the permit is for a project that is classified as nonresidential
				construction.
Author:
Katherine Lynn
Statutory Authority:
Code of Ala.
				  1975
, §
										41-4-410(1).
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-10-1 - CONSTRUCTION INDUSTRY CRAFT TRAINING FEES › Section 355-10-1-.04 - Calculation And Payment Of Fees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The construction industry craft training
			 fee shall be based on the total sum of the construction cost of all
			 non-residential building permits issued by the entity on or after the first day
			 of the month and up to the last day of the month. The construction cost shall
			 be the amount stated on the building permit. The construction industry craft
			 fee shall be calculated by multiplying the total sum of all non-residential
			 construction cost as stated on the building permits for the month by .001
			 rounded down to the whole dollar value. The construction industry craft
			 training fee shall be zero when the total sum of all nonresidential
			 construction costs is less than $1000 for the entire month.
(2) The political subdivision issuing the
			 permit shall be responsible for collecting the fee and remitting it monthly to
			 the Department of Finance Division of Construction Management.
(3) Fees shall be submitted by the
			 20th day of the month for all applicable
			 nonresidential construction permits issued in the previous month.
(4) Fee payments are nonrefundable.
Author:
Katherine Lynn
Statutory Authority:
Code of Ala.
				  1975
, §
										41-4-413(a),
				  41-4-413(b).
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-11-1 - ORGANIZATION AND AUTHORITY › Section 355-11-1-.01 - Creation And Empowerment

Current through Register Vol. 42, No. 9, June 28, 2024
The Alabama Building Commission was created by Act No. 128 of
				the 1945 regular session of the Alabama Legislature. Act No. 290, also of the
				1945 regular session, authorized and directed the Alabama Building Commission
				to promulgate and enforce a code of minimum building standards for state
				building and construction, school houses, hotels, and moving picture theaters.
				Act No. 766 of the 1978 regular session required the Alabama Building
				Commission to adopt, promulgate and enforce a state building code containing
				energy conservation measures to be used in all future construction or
				remodeling of buildings which are constructed with state appropriated funds.
				These acts are codified in Title 41, Chapter 9, Article 6 of the
Code of Ala. 1975
.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §§
										41-9-140 through 174.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-11-1 - ORGANIZATION AND AUTHORITY › Section 355-11-1-.02 - Organization

Current through Register Vol. 42, No. 9, June 28, 2024
The membership of the Alabama Building Commission consists of
				the Governor as chairman, the State Health Officer, the Director of Finance,
				the State Superintendent of Education, four (4) members from the Senate to be
				elected by that body at each regular session of the Legislature, and four (4)
				members from the House of Representatives to be elected by that body at each
				regular session of the Legislature. The Budget Officer of the State Department
				of Finance serves as the secretary, but is not a member. The Commission
				maintains a full-time Technical Staff, headed by a Director, through which its
				policies and duties are carried out.
Author:
Stedmann B. McCollough, Director
Authority:
Code of Ala.
				  1975
, §§
										41-9-140,
				  41-9-141.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-11-1 - ORGANIZATION AND AUTHORITY › Section 355-11-1-.03 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
As used in this administrative code the following words and
				phrases shall have the following meanings, respectively:
(a) Commission: The Alabama Building
			 Commission composed of the Governor, the State Health Officer, the Director of
			 Finance, the State Superintendent of Education, four members from the Senate,
			 and four members from the House of Representatives.
(b) Director: The person appointed by the
			 Commission to serve in the senior administrative position of the Technical
			 Staff.
(c) Manual: Short for the
			 Manual of Procedures of the Alabama Building Commission, which is prepared and
			 published by the Technical Staff to establish procedures to effect compliance
			 with the rules of this administrative code, applicable state laws and
			 regulations, and the policies of the Commission.
(d) Primary Design Professional: The Alabama
			 registered architect, engineer, or architectural or engineering firm under
			 contract with an awarding authority or owner.
(e) State Building Code: The body of building
			 standards published by code writing organizations which has been adopted by the
			 Commission as minimum building standards applicable to state building and
			 construction, schoolhouses, hotels, and moving picture theaters.
(f) Technical Staff: The full-time staff of
			 architects, engineers, administrators, inspectors, support personnel, and
			 contract personnel employed to carry out the policies and duties of the
			 Commission on a daily basis.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-141.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-11-1 - ORGANIZATION AND AUTHORITY › Section 355-11-1-.04 - Powers And Duties

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The Commission has full power and authority to provide for and supervise the
			 planning, design, construction, renovation, and improvement of state buildings,
			 including entering into contracts as necessary to implement this power and
			 authority and to acquire land for the location of state buildings.
(2) The Commission is authorized and
			 empowered to make and adopt all necessary rules, regulations, and plans for its
			 own guidance and for the proper conduct of the duties imposed upon
			 it.
(3) The Commission is
			 authorized and directed to adopt, promulgate, and enforce a state building code
			 and to keep the code updated and consistent with acceptable architectural and
			 engineering practices. The state building code is to include an energy
			 conservation code which shall be applicable to all buildings constructed or
			 remodeled after May 2, 1978, with state appropriated funds or funds from any
			 other instrumentality of the state. The Director shall prepare and offer such
			 training and assistance as the Commission deems necessary in implementing this
			 code.
(4) The Commission is
			 responsible for reviewing plans and specifications for compliance with
			 accessibility standards prescribed by the State Fire Marshal for public
			 buildings and facilities. The Director is authorized to construe and interpret
			 such standards and to adopt and enforce rules and regulations prescribing
			 additional standards prescribed by the Americans with Disabilities Act
			 Accessibility Guidelines for Buildings and Facilities: State and Local
			 Governments (ADAAG). (See §§
								21-4-5 & 6 for shared authority and responsibility.)
(5) The Commission may appoint and dismiss
			 any officers, employees and agents including competent architectural and
			 technical employees as may be necessary to effectuate its powers and duties.
			 All employees of the commission are subject to the provisions of the merit
			 system.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-4-5,
				  21-4-6,
				  41-9-141,
				  42-9-161,
				  41-9-171.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-11-1 - ORGANIZATION AND AUTHORITY › Section 355-11-1-.05 - General Methods Of Operation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Commission convenes upon the call of
			 the Governor or at such time or times as the Commission may designate by
			 resolution recorded in its minutes.
(2) The Commission maintains a full-time
			 Technical Staff, headed by a Director, which is charged to:
(a) Evaluate and adopt, through the Director,
			 codes, code revisions, or code supplements as published by code publishing
			 organizations (with modifications) for inclusion in the State Building
			 Code.
(b) Enforce the State
			 Building Code and other regulations through review of proposed construction
			 plans, specifications, contracts and related documents, and inspection of
			 in-progress construction.
(c)
			 Administer and supervise projects assigned to the Commission to ensure
			 compliance with state laws, Commission procedures, and other regulations.
			 Review, approve, and process contracts, changes orders, invoices, and related
			 documents. Monitor in-progress construction so as to keep informed of
			 construction progress and issues and to ensure acceptable building practices
			 and code compliance. In conjunction with the design professional and the
			 awarding authority, the Technical Staff establishes substantial completion of
			 the work.
(d) Prepare and publish a
			 Manual of Procedures which establishes procedures to effect compliance with the
			 rules of this administrative code, applicable state laws and regulations, and
			 the policies of the Commission.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-12-1 - ALABAMA STATE BUILDING CODE › Section 355-12-1-.01 - Adopted Standard Codes

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The minimum building standard code adopted by the Division of Construction
			 Management is the 2021 International Building Code. The following companion
			 codes to the 2021 International Code are also adopted:
(a) 2021 - International Existing Building
			 Code.
(b) 2021 - International
			 Plumbing Code.
(c) 2021 -
			 International Fuel Gas Code.
(d)
			 2021 - International Mechanical Code.
(e) 2020 - National Electrical Code (NFPA
			 70).
(f) 2021 - International Fire
			 Code.
(g) ANSI/ASHRAE/IES Standard
			 90.1 - 2013 Energy Standard for Buildings except Low-Rise Residential Buildings
			 with exceptions permitted to:
6.5.1 - Economizers,
8.4.2 - Automatic Receptable Control, and
8.4.3 - Electrical Energy Monitoring.
(h) 2010 - ADA Standards for Accessible
			 Design.
(i) DCM Code
			 Supplements.
(j) 2020 -
			 ICC/NSSA-500 Standard for the Design and Construction of Storm
			 Shelters
(k) 2019 NFPA 72: National
			 Fire Alarm and Signaling Code (NFPA 72).
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-12-1 - ALABAMA STATE BUILDING CODE › Section 355-12-1-.02 - Official "Recommendations"

Current through Register Vol. 42, No. 9, June 28, 2024
The DCM adopts by reference, as official "recommendations"
				rather than as mandated regulations, Chapter 5 of the Architectural and
				Transportation Barriers Compliance Board (ATBCB) publication; "Recommendations
				for Accessibility Standards for Children's Environments."
Author:
Frank Barnes
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-4-3,
				  41-4-35,
				  41-4-400,
				  41-9-161.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-12-1 - ALABAMA STATE BUILDING CODE › Section 355-12-1-.03 - Obtaining The Adopted Codes

Current through Register Vol. 42, No. 9, June 28, 2024
The Technical Staff shall publish in the Manual of Procedures
				the necessary information to obtain copies of the adopted codes and official
				recommendations.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §§
										41-9-141,
				  41-9-161,
				  41-9-171.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-12-1 - ALABAMA STATE BUILDING CODE › Section 355-12-1-.04 - Applicability Of Adopted Codes

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Except as stated in paragraphs (2) and (3), the State Building Code applies
			 only to the following construction in Alabama:
(a) State Building and Construction: All
			 buildings and other structures erected or acquired by or on behalf of the State
			 of Alabama or any of its agencies or instrumentalities.
(b) Schoolhouses: Any building or other
			 structure erected or acquired by the public schools of Alabama and any private
			 building in which 25 or more persons are congregated regularly for the purpose
			 of instruction in any branch of knowledge.
(c) Hotels: Any public inn or lodging house
			 of 15 or more bedrooms, in which transient guests are lodged for pay.
(d) Moving Picture Theaters: Any building in
			 which moving pictures are featured regularly for charge of admission.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-12-1 - ALABAMA STATE BUILDING CODE › Section 355-12-1-.05 - Precedence Of Codes

Current through Register Vol. 42, No. 9, June 28, 2024
(a) In
			 case of conflict between the State Building Code, local codes, the Life Safety
			 Code enforced by the State Fire Marshal, or other codes, the most stringent
			 requirements shall prevail.
(b) All
			 food preparation facilities, private water systems, and sewage disposal systems
			 shall also meet the requirements of and be approved by the applicable county
			 health department.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-141.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-12-1 - ALABAMA STATE BUILDING CODE › Section 355-12-1-.06 - Responsibility For Compliance

Current through Register Vol. 42, No. 9, June 28, 2024
The compliance of plans and specifications with code
				requirements, is the responsibility of the primary design professional and the
				awarding authority. Approval of these documents by the Technical Staff does not
				relieve the primary design professional or the awarding authority of this
				responsibility.
Author:
Frank Barnes
Statutory Authority:
Code of Ala.
				  1975
, §§
										41-4-35,
				  41-4-400.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-12-1 - ALABAMA STATE BUILDING CODE › Section 355-12-1-.07 - DCM Code Supplements

Current through Register Vol. 42, No. 9, June 28, 2024
To minimize reoccurring problems on public construction and
				improvement projects, from time to time the DCM will adopt and publish specific
				design and construction requirements or recommendations to supplement the State
				Building Code. The following requirements and recommendations are adopted and
				bound at the end of this chapter:
(a)
			 DCM Code Supplement No. 1, Labeling of Fire Doors
and
			 Frames
.
(b) DCM Code
			 Supplement No. 2, Labeling of Storm Shelter Doors, Windows, Shutters, and
			 Impact Protective Systems.
Author:
Frank Barnes
Statutory Authority:
Code of Ala.
				  1975
, §§
										41-4-35,
				  41-4-400,
				  41-9-161.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-12-1 - ALABAMA STATE BUILDING CODE › Attachment 355-12-1-.07(a) - ABC CODE SUPPLEMENT No. 1

Current through Register Vol. 42, No. 9, June 28, 2024
LABELING OF FIRE DOORS AND
				FRAMES
All door openings in fire resistive walls and partitions
				requiring a rating shall be protected by assemblies which include doors,
				frames, hardware, closing devices, anchorage, sills, etc., installed in
				accordance with the National Fire Protection Association (NFPA) 80, Standard
				for "Fire Doors and Fire Windows" and the State Building Code. To further
				clarify the basic requirements and/or the correct method of labeling that will
				be acceptable to the Alabama Building Commission, the labels shall include the
				following:
1.
Accessibility
: Each component
				shall bear a label located so as to be accessible after installation.
2.
Permanence
: Each component shall
				bear a label of a type of material and be so attached that the life of the
				label and the attachment thereof can reasonably be expected to equal the life
				of the component to which it is attached. Labels shall be raised or embossed on
				metal labels or stamped into metal frames. Plastic or paper labels are
				unacceptable.
3.
Legibility
: The label design shall
				be such that it can be visible and legible at all times and must be clean of
				any paint or other coverage making the label illegible.
4.
Fire Resistance
: All approved
				labels on doors and on frames shall include thereon the fire resistance rating
				in hours and/or minutes for which the door or frame is labeled. Labels on
				frames with transoms or sidelights must identify that the opening assembly
				includes same.
5.
Other Requirements
: The labels or
				stamps applied to frames must be provided by a manufacturer that has been
				approved by a laboratory or organization to provide testing and follow-up
				services for fire-rated opening assemblies.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §§
										41-9-141,
				  41-9-161.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-13-1 - RULES FOR SUBMITTING PLANS AND SPECIFICATIONS TO THE TECHNICAL STAFF › Section 355-13-1-.01 - Submission Required

Current through Register Vol. 42, No. 9, June 28, 2024
The plans and specifications for all projects to which the
				State Building Code applies shall be submitted to the Technical Staff for
				review and approval. Refer to rule 355-13-2-.04, Applicability of Adopted
				Codes.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-141.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-13-1 - RULES FOR SUBMITTING PLANS AND SPECIFICATIONS TO THE TECHNICAL STAFF › Section 355-13-1-.02 - Submittal Reviews And Approvals

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Technical Staff will review the
			 submitted plans and specifications for compliance with the State Building Code.
			 The results of the review will be provided as written review comments to the
			 submitting design professional and project owner. The design professional or
			 owner must respond to, or comply with, comments citing building code violations
			 or obvious non-compliance with applicable laws, regulations, or the Manual of
			 Procedures. Response by the design professional or owner to comments in the
			 form of constructive criticism, suggestions, questions, or recommendations is
			 not mandatory.
(2) Changes made to
			 plans and specifications after final approval shall be submitted to the
			 Technical Staff for review relative to compliance with the State Building Code.
			 Written response by the Technical Staff to these submittals will be made only
			 in cases of violations of building codes or obvious non-compliance with laws
			 and regulations.
(3) The Technical
			 Staff's approval of plans, specifications, change orders, or related materials
			 submitted for public projects does not constitute certification that the
			 documents or project comply with the state's competitive bid laws; the
			 responsibility for this certification rests with the awarding authority and its
			 legal advisor.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-141.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-13-1 - RULES FOR SUBMITTING PLANS AND SPECIFICATIONS TO THE TECHNICAL STAFF › Section 355-13-1-.03 - Pre-Bid Review And Approval Required

Current through Register Vol. 42, No. 9, June 28, 2024
Submissions of plans and specifications to the Technical Staff
				shall be made, and final approval obtained, prior to the receipt of bids to
				insure that the Technical Staff's comments are incorporated into the bid
				documents.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-141
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-13-1 - RULES FOR SUBMITTING PLANS AND SPECIFICATIONS TO THE TECHNICAL STAFF › Section 355-13-1-.04 - Documents To Be Prepared By Registered Design Professionals

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Plans and
			 specifications submitted to the Technical Staff for approval shall be prepared
			 by a full professional team composed of architects and engineers, registered in
			 Alabama, each preparing that phase of the design within his or her field of
			 specialization. Subject to the Director's approval, exceptions may be made
			 where engineering services are of such minor nature as to be considered purely
			 incidental to the architectural services or the architectural services are of
			 such minor nature as to be considered purely incidental to the engineering
			 services.
(2) The specification
			 cover shall bear the Alabama seal of registration of the primary design
			 professional who prepared them or under whose supervision they were
			 prepared.
(3) Architectural
			 drawings shall bear the Alabama seal of registration of the architect who
			 prepared them or under whose supervision they were prepared. Engineering
			 drawings shall bear the Alabama seal of registration of the engineer who
			 prepared them or under whose supervision they were prepared.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-2-32,
				  34-2-35,
				  34-11-7,
				  41-9-141.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-13-1 - RULES FOR SUBMITTING PLANS AND SPECIFICATIONS TO THE TECHNICAL STAFF › Section 355-13-1-.05 - Contents Of Submittal Documents

Current through Register Vol. 42, No. 9, June 28, 2024
The plans, specifications, addenda, change orders, and related
				materials submitted to the Technical Staff for approval shall contain
				sufficient information to fully describe the work of the project and to fully
				demonstrate compliance with the State Building Code. Standards for compliance
				with this rule shall be prescribed in the Manual of Procedures. The Technical
				Staff is authorized to request additional information if needed to perform
				their review.
Author:
Stedmann B. McCollough, Director
Authority:
Code of Ala.
				  1975
, §
										41-9-141.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-13-1 - RULES FOR SUBMITTING PLANS AND SPECIFICATIONS TO THE TECHNICAL STAFF › Section 355-13-1-.06 - Submittal Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
Plans, specifications, and related materials shall be submitted
				to the Technical Staff in accordance with procedures prescribed in the Manual
				of Procedures and, unless otherwise provided, shall be made in three stages:
				Schematic Plan Submittal, Preliminary Plan Submittal, and Final Plan
				Submittal.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-141.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-13-1 - RULES FOR SUBMITTING PLANS AND SPECIFICATIONS TO THE TECHNICAL STAFF › Section 355-13-1-.07 - Disposition Of Submitted Documents

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Schematic and preliminary plans and
			 specifications will be retained by the Technical Staff until receipt or review
			 of the subsequent stage of submittal at which time these documents may be
			 destroyed.
(2) Final or revised
			 final plans and specifications will be retained by the Technical Staff for a
			 period of not less than five (5) years after completion of the project, or a
			 period as may be prescribed by the State Records Commission. At the expiration
			 of this period these documents may be destroyed.
(3) Project documents such as transmittal
			 letters, comment letters, project-related correspondence, contracts, reports,
			 etc., shall be retained by the Technical Staff for a period not less than seven
			 (7) years after completion of the project, or a period as may be prescribed by
			 the State Records Commission. At the expiration of this period these documents
			 may be destroyed.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-141 and State Records Commission.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-14-1 - EMPLOYMENT OF DESIGN PROFESSIONALS FOR PROJECTS SUPERVISED AND ADMINISTERED BY THE ALABAMA BUILDING COMMISSION › Section 355-14-1-.01 - Applicability Of Chapter

Current through Register Vol. 42, No. 9, June 28, 2024
The rules of this chapter apply only to public construction and
				improvement projects assigned to the Alabama Building Commission by state law
				for its supervision and administration. Project supervision and administration
				will be carried out by the Technical Staff who will prepare and publish a
				Manual of Procedures containing procedures, standard forms, and uniform
				documents to be used by awarding authorities to effect compliance with this
				chapter.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-141.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-14-1 - EMPLOYMENT OF DESIGN PROFESSIONALS FOR PROJECTS SUPERVISED AND ADMINISTERED BY THE ALABAMA BUILDING COMMISSION › Section 355-14-1-.02 - Required Employment Of Design Professionals

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The awarding authority of a public
			 construction or improvement project shall employ the services of registered
			 architects and engineers in accordance with Title 34, Chapter 2 - Architects
			 and Chapter 11 - Engineers and Land Surveyors,
Code of Ala.
			 1975
.
(2)
Full Professional Team
: The primary design
			 professional shall be required to employ the services of consulting engineers,
			 and consulting architects in the case of an engineering project, so as to
			 provide a full professional team as dictated by the disciplines of
			 architectural and engineering design involved in the project. These consultants
			 shall be identified in the agreement for design professional services and may
			 not be changed without written approval of the awarding authority.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-141 and Title 34, Chapters 2 & 11.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-14-1 - EMPLOYMENT OF DESIGN PROFESSIONALS FOR PROJECTS SUPERVISED AND ADMINISTERED BY THE ALABAMA BUILDING COMMISSION › Section 355-14-1-.03 - Form Of Agreement For Design Professional Services

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Director is authorized to develop,
			 adopt, and publish in a Manual of Procedures uniform documents and standard
			 forms as the Director deems appropriate for contracting for professional
			 services to design and administer public construction and improvement projects.
			 The terms and conditions of these documents shall effect compliance with state
			 laws and the rules of this administrative code and shall also set forth minimum
			 basic services and standardized terms and conditions applicable to projects
			 typically supervised and administered by the Technical Staff. The Director may
			 revise, repeal, or add to these uniform documents and standard forms as the
			 Director deems necessary to keep them current with acceptable practices of
			 architecture, engineering, construction project delivery, and changes in state
			 law.
(2) The form of agreement for
			 contracting for design professional services shall be the uniform documents and
			 standard forms prescribed by the Director. Copies of these uniform documents
			 and standard forms are contained in the appendix to this administrative code
			 and may be reprinted or altered only as defined in the Manual of Procedures. To
			 meet the needs of a specific project, the minimum basic services and standard
			 terms and conditions may be modified by inserting special provisions in spaces
			 provided in the documents; however, modifications shall be subject to the
			 approval of the Director.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-141.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-14-1 - EMPLOYMENT OF DESIGN PROFESSIONALS FOR PROJECTS SUPERVISED AND ADMINISTERED BY THE ALABAMA BUILDING COMMISSION › Section 355-14-1-.04 - Project Budget

Current through Register Vol. 42, No. 9, June 28, 2024
The agreement shall stipulate an agreed amount that is budgeted
				for the cost of the planned construction or improvement work. This amount shall
				not only establish the project budget, but shall also be the basis for
				establishing the basic fee to be paid the primary design professional. The
				project budget may be a fixed, lump sum amount or it may be an amount that is
				tentative pending development of design and cost estimates by the design
				professional. If the project budget is tentative, the budgeted amount shall be
				validated by the design professional or mutually adjusted by the contracting
				parties prior to advertising the project for bids.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-141.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-14-1 - EMPLOYMENT OF DESIGN PROFESSIONALS FOR PROJECTS SUPERVISED AND ADMINISTERED BY THE ALABAMA BUILDING COMMISSION › Section 355-14-1-.05 - Maximum Basic Fees For Design Professional Services

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The "Basic Fee" to be paid for design
			 professional services is defined as that fee which will be paid to the design
			 professional for providing the basic services as defined in the uniform form of
			 agreement for design professional services published by the Director. If the
			 design professional is to provide services which are in addition to the basic
			 services defined in the uniform agreement, fees in addition to the Basic Fee
			 shall be established in the agreement, or an amendment to the agreement, for
			 such additional services. Such additional fees shall be subject to the
			 Director's approval.
(2) The Basic
			 Fee shall be based upon the budgeted cost of the planned work stipulated in the
			 agreement, but shall not be higher than a fee as determined by the "Schedule of
			 Basic Fee Rates" contained in rule
			 355-14-1-.10. A higher Basic Fee
			 may be paid only if approved by the Director. A Basic Fee determined by the
			 schedule may be adjusted without the Director's approval for Major Renovation
			 as defined in rule
			 355-14-1-.06. A lower Basic Fee
			 may be negotiated without the Director's approval when appropriate considering
			 project size, cost, scope, repetition, etc.
(3) If the Basic Fee is to be a percentage
			 rate applied to the cost of the work, the percentage rate shall not be higher
			 than the applicable rate of the "Schedule of Basic Fee Rates" with adjustment
			 for major renovation, if applicable. If the Basic Fee to be paid for basic
			 services is to be a fixed, lump sum amount, that amount shall not be greater
			 than the amount that is the product of multiplying the budgeted cost of the
			 work by the applicable percentage rate of the "Schedule of Basic Fee Rates"
			 with adjustment for major renovation, if applicable.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-141.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-14-1 - EMPLOYMENT OF DESIGN PROFESSIONALS FOR PROJECTS SUPERVISED AND ADMINISTERED BY THE ALABAMA BUILDING COMMISSION › Section 355-14-1-.06 - Adjustment For Major Renovation

Current through Register Vol. 42, No. 9, June 28, 2024
An increase of up to 25% in the basic fee rate will be allowed
				for major renovation projects. This adjustment is intended to provide
				compensation to the design professional for the added effort required to
				investigate and develop drawings of existing conditions and other additional
				work required for renovation. A project is considered major renovations if more
				than 50% of the construction cost involves renovations and alterations. The
				application of this adjustment is negotiable and must be stipulated in the
				agreement to be effective. In general, reroofing projects are not to be
				considered as major renovations.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-141.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-14-1 - EMPLOYMENT OF DESIGN PROFESSIONALS FOR PROJECTS SUPERVISED AND ADMINISTERED BY THE ALABAMA BUILDING COMMISSION › Section 355-14-1-.08 - Cost Over-Runs

Current through Register Vol. 42, No. 9, June 28, 2024
If the lowest responsible bid received by the awarding
				authority is greater than the project budget, the design professional will,
				upon instructions from the awarding authority, make revisions to the plans and
				specifications as may be necessary to re-bid the project within project budget,
				or a higher amount as may be authorized by the awarding authority. The design
				professional shall be reimbursed for revising the plans and specifications
				where the bid over-run is up to 10% of the project budget. If the bid over-run
				is greater than 10% of the project budget and (1) the awarding authority has
				received bids for the work within 90 days after final approval of the plans and
				specifications and (2) the reason that the over-run exceeds 10% of the project
				budget is not attributable to a unique or unexpected market condition which the
				design professional would not have reasonably contemplated in its estimates,
				the design professional will revise the plans and specifications to conform to
				the project budget defined in the agreement at no cost to the awarding
				authority.
Author:
Kippy Tate, Director
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-141.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-14-1 - EMPLOYMENT OF DESIGN PROFESSIONALS FOR PROJECTS SUPERVISED AND ADMINISTERED BY THE ALABAMA BUILDING COMMISSION › Section 355-14-1-.09 - Subsequent Duplication

Current through Register Vol. 42, No. 9, June 28, 2024
The agreement shall stipulate that under any subsequent
				owner-architect agreement, the basic fee for any substantial duplication of
				buildings covered by the original agreement will be paid in accordance with
				rule 355-14-1-.07 -(4). However, the
				fee schedule in effect at the date of the subsequent agreement will
				apply.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-141.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-15-1 - BIDDING AND AWARDING CONTRACTS FOR PROJECTS SUPERVISED AND ADMINISTERED BY THE ALABAMA BUILDING COMMISSION › Section 355-15-1-.01 - Applicability Of Chapter

Current through Register Vol. 42, No. 9, June 28, 2024
The rules of this chapter apply only to public construction and
				improvement projects assigned to the Alabama Building Commission by state law
				for its supervision and administration. Project supervision and administration
				will be carried out by the Technical Staff who will prepare and publish a
				Manual of Procedures containing procedures, standard forms, and uniform
				documents to be used by awarding authorities to effect compliance with this
				chapter. The rules of this chapter supplement the requirements of such laws as
				Title 34, Chapter 8-Contractors, Title 39-Public Works, and Title 41, Chapter
				16-Public Contracts,
Code of Ala. 1975
.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-141.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-15-1 - BIDDING AND AWARDING CONTRACTS FOR PROJECTS SUPERVISED AND ADMINISTERED BY THE ALABAMA BUILDING COMMISSION › Section 355-15-1-.02 - Evidence Of Bidder's License

Current through Register Vol. 42, No. 9, June 28, 2024
When the cost of the work exceeds the amount requiring
				licensing pursuant to Title 34, Chapter 8,
Code of Ala.
				1975
, each bidder must show evidence of this license before
				bidding or the bid shall not be received or considered. The bidders shall show
				evidence of license by clearly displaying their current state general
				contractor's license number on the outside of the envelope in which their
				proposal is delivered. This requirement shall be included in the advertisements
				for bids and instructions to bidders.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-8-6(d),
				  41-9-141.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-15-1 - BIDDING AND AWARDING CONTRACTS FOR PROJECTS SUPERVISED AND ADMINISTERED BY THE ALABAMA BUILDING COMMISSION › Section 355-15-1-.03 - Determination Of Low Bidder By Use Of Alternates

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Deductive alternate bids may be used in
			 order to reduce the base bid to an amount within the funds available for the
			 project. Additive alternate bids may be used in order to obtain prices for the
			 addition of items not included in the base bid. The alternate bids shall be
			 listed in the bid documents in the order of priority in which they shall
			 cumulatively deduct from or add to the base bid for determining the lowest
			 responsible and responsive bidder.
(2) After the lowest responsible and
			 responsive bidder has been determined, the awarding authority may accept or
			 reject any alternates provided that the combination of accepted alternates
			 results in the same lowest bidder.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-141.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-15-1 - BIDDING AND AWARDING CONTRACTS FOR PROJECTS SUPERVISED AND ADMINISTERED BY THE ALABAMA BUILDING COMMISSION › Section 355-15-1-.04 - Work Bid On A Unit Price Basis

Current through Register Vol. 42, No. 9, June 28, 2024
Where all, or part(s), of the planned work is bid on a unit
				price basis, both the unit prices and the extensions of the unit prices
				constitute a basis of determining the lowest bidder. In cases of error in the
				extension of prices of bids, the unit price will govern. A proposal may be
				rejected if any of the unit prices are obviously unbalanced or
				non-competitive.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §§
										39-2-7,
				  41-9-141.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-15-1 - BIDDING AND AWARDING CONTRACTS FOR PROJECTS SUPERVISED AND ADMINISTERED BY THE ALABAMA BUILDING COMMISSION › Section 355-15-1-.05 - Unit Prices For Application To Change Orders

Current through Register Vol. 42, No. 9, June 28, 2024
As a means of predetermining unit costs for changes in certain
				elements of the work, the project specifications may require that the bidders
				furnish unit prices for those items. Unit prices for application to changes in
				the work are not a basis for determining the lowest bidder. Non-competitive
				unit prices proposed by the lowest bidder may be rejected or negotiated by the
				awarding authority prior to contract award. Unit prices for application to
				changes in the work are not effective unless specifically agreed upon in the
				construction contract.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-141.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-15-1 - BIDDING AND AWARDING CONTRACTS FOR PROJECTS SUPERVISED AND ADMINISTERED BY THE ALABAMA BUILDING COMMISSION › Section 355-15-1-.06 - Irregular Proposals

Current through Register Vol. 42, No. 9, June 28, 2024
Proposals may be rejected if they contain any omissions,
				alterations of forms, additions not called for, conditional bids, alternate
				bids not called for, incomplete bids, erasures, or irregularities of any kind.
				However, the awarding authority may reject any and all proposals or waive
				technical errors if, in its judgement, the best interests of the awarding
				authority will be promoted.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-141.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-15-1 - BIDDING AND AWARDING CONTRACTS FOR PROJECTS SUPERVISED AND ADMINISTERED BY THE ALABAMA BUILDING COMMISSION › Section 355-15-1-.07 - Disqualification Of Bidders

Current through Register Vol. 42, No. 9, June 28, 2024
In addition to causes for disqualification or rejection of
				bidders as provided in Title 39,
Code of Ala. 1975
,
				the awarding authority may reject a proposal from a bidder who has not paid, or
				satisfactorily settled, all bills due for labor and material on other contracts
				in force at the time of letting.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-141.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-15-1 - BIDDING AND AWARDING CONTRACTS FOR PROJECTS SUPERVISED AND ADMINISTERED BY THE ALABAMA BUILDING COMMISSION › Section 355-15-1-.08 - Certified Bid Tabulation

Current through Register Vol. 42, No. 9, June 28, 2024
After bids have been received, the design professional shall
				check and tabulate all bids, certifying that the bids were received sealed,
				publicly opened and read aloud at the time and place advertised, and that it is
				a true and correct tabulation of all bids received for the project. This
				tabulation shall be signed by the design professional, notarized, and furnished
				to the awarding authority and the Technical Staff. If a bid is incomplete,
				qualified, or bears any condition or irregularity that may affect its
				responsiveness, the design professional shall note this information on the
				tabulation.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-141.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-15-1 - BIDDING AND AWARDING CONTRACTS FOR PROJECTS SUPERVISED AND ADMINISTERED BY THE ALABAMA BUILDING COMMISSION › Section 355-15-1-.09 - Award Of Contract

Current through Register Vol. 42, No. 9, June 28, 2024
The contract will be awarded to the lowest responsible bidder
				complying with all established requirements of the bid documents unless the
				awarding authority finds that the bid is unreasonable or that it is not to the
				interest of the awarding authority to accept it.
The bidder to whom award is made will be notified by letter to
				the address shown on the bidder's proposal.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §§
										39-2-6,
				  41-9-141.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-15-1 - BIDDING AND AWARDING CONTRACTS FOR PROJECTS SUPERVISED AND ADMINISTERED BY THE ALABAMA BUILDING COMMISSION › Section 355-15-1-.10 - Notice To Proceed

Current through Register Vol. 42, No. 9, June 28, 2024
A notice to proceed with the work of the contract shall be
				issued to the contractor by the Director within 15 days after final execution
				of the contract by the awarding authority unless both parties to the contract
				agree to a stipulated extension in time for the issuance of a notice to
				proceed. The notice to proceed shall specify the date on which the work and
				time of completion stated in the contract are to commence. Before performing
				any work on the construction site, the contractor shall furnish to the design
				professional acceptable certification of insurance coverages as required by the
				contract.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §§
										39-2-10,
				  41-9-141.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-15-1 - BIDDING AND AWARDING CONTRACTS FOR PROJECTS SUPERVISED AND ADMINISTERED BY THE ALABAMA BUILDING COMMISSION › Section 355-15-1-.11 - Required Use Of Uniform Documents And Standard Forms

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Director is authorized to develop,
			 adopt, and publish in a Manual of Procedures all uniform documents and standard
			 forms as the Director deems appropriate for the contracting for, and
			 administration of, public construction and improvement projects. The terms and
			 conditions of these documents shall effect compliance with state laws and the
			 rules of this administrative code and shall incorporate standardized provisions
			 based upon sound contracting principles within the construction industry and
			 compatibility with operational and budgetary restraints of government. The
			 Director shall revise, repeal, or add to these uniform documents and standard
			 forms as the Director deems necessary to keep them abreast with current
			 practices in construction contracting, construction project delivery, and
			 changes in state law.
(2) The form
			 of agreement for the contracting for, and administration of, public
			 construction and improvement projects shall be the uniform documents and
			 standard forms prescribed by the Director. The uniform documents will consist
			 of a construction contract, bonds, instructions to bidders, general conditions,
			 and forms for administration of the contract. Copies of these uniform documents
			 and standard forms are contained in the appendix to this administrative code
			 and are to be included in the project specifications. These uniform documents
			 and standard forms may be reprinted or altered only as defined in the Manual of
			 Procedures. The terms and conditions of the uniform documents may be modified
			 by supplemental terms and conditions to accommodate requirements of a project's
			 funding source, regulations of the awarding authority, or project-specific
			 conditions; however, these modifications shall be subject to the approval of
			 the Director.
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-141.