reglab/statecodes huggingface dataset:
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-.12 - Use Of Uniform Documents And Standard Forms For Projects Not Supervised And Administered By The Alabama Building Commission

Current through Register Vol. 42, No. 9, June 28, 2024
The uniform documents and standard forms published in the
				Manual of Procedures may be used for projects that are not supervised and
				administered by the Technical Staff; however, provisions for decisions,
				approvals, or other actions by the Director or Technical Staff shall be deleted
				from the documents and forms unless otherwise agreed in writing by 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 355-16-1 - COLLECTION OF USER FEES › Section 355-16-1-.01 - Applicabi1ity

Current through Register Vol. 42, No. 9, June 28, 2024
The following procedures and user fees are applicable to new
				construction, additions, or alteration projects for buildings under the
				jurisdiction of the Alabama Division of Construction Management as defined by
				the
Code of Ala. 1975
, Title 41, Section
				41-9-162 and authorized by Section
				41-4-400(a)
				(7).
Author:
Frank Barnes
Statutory Authority:
Code of Ala.
				  1975
, §
										41-4-400(a)(7).
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-16-1 - COLLECTION OF USER FEES › Section 355-16-1-.02 - Calculation Of Basic Plan Review And Permit Fees

Current through Register Vol. 42, No. 9, June 28, 2024
Construction Cost
Basic Plan Review Fee
Basic Permit Fee
Less than $1000
No fee.
No fee, unless inspection required, in which case a
							 $15.00 fee for each inspection shall be charged.
$1,001 to $50,000
One-half of the permit fee which is $15.00 for the
							 first $1,000.00 plus $5.00 for each additional thousand or fraction thereof, to
							 and including $50,000.00.
$15.00 for the first $1,000.00 plus $5.00 for each
							 additional thousand or fraction thereof, to and including $50,000.00.
$50,001 to $100,000
One-half of the permit fee which is $260.00 for the
							 first $50,000.00 plus $4.00 or each additional thousand or fraction thereof, to
							 and including $100,000.00.
$260.00 for the first $50,000.00 plus $4.00 or each
							 additional thousand or fraction thereof, to and including $100,000.00.
$100,001 to $500,000
One-half of the permit fee which is $460.00 for the
							 first $100,000.00 plus $3.00 for each additional thousand or fraction thereof,
							 to and including $500,000.00.
$460.00 for the first $100,000.00 plus $3.00 for each
							 additional thousand or fraction thereof, to and including $500,000.00.
$500,001 and up
One-half of the permit fee which is $1,660.00 for the
							 first $500,000.00 plus $2.00 for each additional thousand or fraction
							 thereof.
$1,660.00 for the first $500,000.00 plus $2.00 for
							 each additional thousand or fraction thereof.
Construction Cost: Construction Cost shall include the cost of
				the actual building construction, addition, or alteration work, including
				sitework.
Authors:
Katherine Lynn, Frank Barnes
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-141(a)(8).
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-16-1 - COLLECTION OF USER FEES › Section 355-16-1-.03 - Fees Required

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The Basic Plan Review Fee, the Basic Permit Fee, and the Basic Contract
			 Document Administration Fee are subject to the Final Reconciliation at the
			 close of construction as described in Rule
			 355-16-1-.05.
(2) Basic Plan Review Fee: This fee includes
			 review of Schematic, Preliminary, Final, and one revised Final Plan Submittal.
(a) If the first submittal of a new project
			 is for a schematic or preliminary review, it shall be accompanied by 1/2
			 of the Basic Plan Review Fee not to exceed $500. Submittals sent in without
			 this fee will not be reviewed until payment is received.
(b) The final submittal of each project shall
			 be accompanied by a payment for the balance of the Basic Plan Review Fee.
			 Submittals sent in without this final submittal fee will not be reviewed until
			 payment is received.
(c) Written
			 final plan review comments must be sent by the Division of Construction
			 Management to the architect within 30 calendar days of receipt of the
			 submittal. If the submittal is not reviewed within this time limitation, the
			 balance of the Basic Plan Review Fee is waived.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-16-1 - COLLECTION OF USER FEES › Section 355-16-1-.04 - Payment Of Fees

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The balance of the Basic Plan Review Fee payment shall be accompanied by the
			 "Plan Review Fee Worksheet" and a copy of the architect's latest estimated
			 Construction Cost. The cost estimate shall be the basis for calculating the
			 estimated Basic Plan Review Fee on the fee worksheet.
(2) The Basic Permit Fee payment shall be
			 accompanied by the completed "Permit Fee Worksheet" and a copy of the executed
			 Construction Contract. The Construction Contract shall be the basis for
			 calculating the total fee on the fee worksheet.
(3) Fee payments are nonrefundable to the
			 extent that work has been performed by the Division of Construction
			 Management.
(4) Fee payments shall
			 be paid by either (i) check or money order made payable to "Alabama Department
			 of Finance-Division of Construction Management," (ii) by an electronic means
			 accepted by the Division of Construction Management, or (iii) an inter-agency
			 transfer. Fees are deemed paid when the funds represented by the payment method
			 are received by or made available to the Division of Construction
			 Management.
(5) Check or money
			 order payments shall be received only at the Division of Construction
			 Management's office in Montgomery.
Authors:
Katherine Lynn, Frank Barnes
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-141(a)
				  (8).
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-16-1 - COLLECTION OF USER FEES › Section 355-16-1-.05 - Final Reconciliation Of Fees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Final Reconciliation: The Basic Plan
			 Review Fee, the Basic Permit Fee, and the Basic Contract Document
			 Administration Fee are paid based on the best estimate of the Construction Cost
			 at the time each fee is due. When construction is complete, a Final
			 Reconciliation will recalculate each of these fees using the actual
			 Construction Cost. The Final Reconciliation will determine the amount due from
			 or refunded to the Owner. The Owner has the final responsibility for payment of
			 all fees.
(2) The actual
			 Construction Cost for the final Basic Plan Review Fee shall be adjusted to
			 include the lowest bid on any additive unawarded alternates from the bid tab.
			 The actual Construction Cost for the final Basic Permit Fee and the final Basic
			 Contract Document Administration Fee shall be adjusted for any change orders
			 and for any sales-tax credit received by the Owner.
Author:
Katherine Lynn
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-141(a)(8).
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-16-1 - COLLECTION OF USER FEES › Section 355-16-1-.06 - Penalties

Current through Register Vol. 42, No. 9, June 28, 2024
Where work, for which Division of Construction Management
				approval is required, is started or proceeds prior to obtaining said approval,
				the fees herein specified shall be doubled. The payment of such double fee
				shall not relieve any persons from fully complying with the requirements of the
				Division of Construction Management in the execution of the work nor from any
				other penalties prescribed herein.
Author:
Frank Barnes
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-141(a)(8).
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-16-1 - COLLECTION OF USER FEES › Section 355-16-1-.07 - Contract Document Administration Fees. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Katherine Lynn
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-141(a)
				  (8).
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-17-1 - ALABAMA HOME INSPSECTORS REGISTRATION PROGRAM › Section 355-17-1-.02 - Responsibilities

Current through Register Vol. 42, No. 9, June 28, 2024
The Division of Construction Management shall do the following
				consistent with Code of Ala. 1975, §§
								34-14B-1,
				et seq. and this chapter:
(a) Issue,
			 renew, suspend, or revoke licenses for Home Inspectors and EIFS
			 Inspectors.
(b) Investigate and
			 conduct hearings upon complaints to determine if disciplinary action is
			 warranted.
(c) Take disciplinary
			 action when warranted, including the imposition of administrative
			 fines.
(d) Establish reasonable
			 licensure fees, including, but not limited to, initial application, renewal,
			 reinstatement, and late fees.
Author:
Frank Barnes
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-14B-1,
				  et seq.;
				  41-9-140,
				  et seq.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-17-1 - ALABAMA HOME INSPSECTORS REGISTRATION PROGRAM › Section 355-17-1-.03 - Roster Of Licenses

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The Division of Construction Management shall publish on its website and
			 otherwise make available for public inspection upon request, a complete roster
			 of all licenses issued and renewed for that calendar year. The roster shall
			 also indicate the home inspectors who have obtained a Residential New
			 Construction Designation in addition to their license. The Division of
			 Construction Management shall keep the roster updated throughout the
			 year.
Previous Rule .02 was renumbered to .03 per certification
				  filed July 31, 2019; effective September 14,
				  2019.
Author:
Frank Barnes
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-14B-1,
				  et seq.;
				  41-9-140,
				  et seq.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-17-1 - ALABAMA HOME INSPSECTORS REGISTRATION PROGRAM › Section 355-17-1-.04 - Requirement For Licensing

Current through Register Vol. 42, No. 9, June 28, 2024
All Home Inspectors and EIFS Inspectors shall have and maintain
				a current license issued by the Division of Construction Management. A license
				is current only during the calendar year for which it is issued. Unless
				renewed, a license automatically shall expire at the end of the calendar year
				for which it was issued.
Previous Rule .03 was renumbered to .04 per certification
				  filed July 31, 2019; effective September 14,
				  2019.
Author:
Frank Barnes
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-14B-1,
				  et seq.;
				  41-9-140,
				  et seq.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-17-1 - ALABAMA HOME INSPSECTORS REGISTRATION PROGRAM › Section 355-17-1-.05 - Filing

Current through Register Vol. 42, No. 9, June 28, 2024
License applications, annual license renewal applications, and
				all other applications or submissions required by the Act and these rules shall
				be deemed filed when received by the Director. The Director may reject an
				application that is inaccurate, incomplete, or for which all fees due have not
				been paid in the form required at the time the application is
				filed.
Previous Rule .04 was renumbered to .05 per certification
				  filed July 31, 2019; effective September 14,
				  2019.
Author:
Frank Barnes
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-14B-1,
				  et seq.;
				  41-9-140,
				  et seq.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-17-1 - ALABAMA HOME INSPSECTORS REGISTRATION PROGRAM › Section 355-17-1-.06 - Home Inspector License Requirements, Residential New Construction Certification

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 To initially become a Home Inspector, one must:
(a) Have one of the following four
			 qualifications:
1. Membership in and adherence
			 to the ethical standards of one of the following professional bodies at the
			 time of application:
American Society of Home Inspectors, Inc. (ASHI), 932 Lee
				Street, Suite 101, Des Plaines, IL 60016
Housing Inspection Foundation (HIF), P.O. Box 879, Palm
				Springs, CA 92263.
International Association of Certified Home Inspectors (Inter
				NACHI), 1750 30th Street, Suite 301, Boulder, CO 80301
National Institute of Building Inspectors (NIBI), 92 East Main
				Street, Suite 301, Summerville, NJ 08876
2. Approval or certification by one of the
			 following agencies to inspect residential construction: The United States
			 Veterans Administration, United States Department of Housing and Urban
			 Development, the Southern Building Code Congress International, or the Council
			 of American Building Officials. *The International Code Council has replaced
			 the Southern Building Code Congress International and the Council of American
			 Building Officials.
3. A high
			 school diploma or its equivalent, work experience for at least one year as a
			 home inspector, and completion of at least 100 home inspections for
			 compensation.
4. Alabama licensure
			 on or after January 1, 1998, as a general contractor, registered professional
			 architect, registered professional engineer, or residential home builder.
			 Renewals of home inspector licensure previously supported by evidence of an
			 acceptable professional license shall not require the applicant to repeat proof
			 of such professional licensing.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-17-1 - ALABAMA HOME INSPSECTORS REGISTRATION PROGRAM › Section 355-17-1-.07 - EIFS Inspector License Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) To become an EIFS Inspector, one must:
(a) Be a member of and adhere to the ethical
			 standards of one of the following professional bodies:
Exterior Design Institute, 1531 Early Street, Norfolk, VA
				23502.
Association of the Wall and Ceiling Industry, 513 West Broad
				Street Suite 210, Falls Church, VA 22046.
(b) Sign a statement declaring that the
			 applicant has read and will comply with the Standards of Practice and Code of
			 Ethics promulgated at Rules
			 355-18-1-.03 and -.04.
(c) File an accurate, complete, and timely
			 application for license with the Director, along with the appropriate
			 fee.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-17-1 - ALABAMA HOME INSPSECTORS REGISTRATION PROGRAM › Section 355-17-1-.08 - Annual License Renewal, Consequences Of Failure To Renew

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A license is
			 valid only during the calendar year indicated on the license. At the end of
			 that calendar year, the license expires unless it is renewed by the
			 licensee.
(2) Beginning with
			 renewals for the 2021 license year, to renew a Home Inspector license, the
			 licensee must:
(a) Complete 15 hours of
			 approved continuing education per year. Licensees must retain proof of
			 completion of this requirement for three years. The Division of Construction
			 Management will randomly audit licensees for proof that continuing education
			 was completed.
(b) Demonstrate
			 continued compliance with the requirements found in Rules
			 355-17-1-.06(1) (a) and
			 (e).
(c) For renewals of licenses for the year
			 2021, the licensee must have, in the last two years, completed at least three
			 hours of continuing education dedicated to writing Home Inspection reports.
			 These hours will count towards the 15 hours of continuing education required
			 for that year.
(d) File a complete,
			 accurate, and timely annual license renewal application with the Director,
			 along with the applicable fee. This application shall include a signed
			 declaration that the licensee has completed the required continuing education.
			 Annual license renewal applications must be filed with the Division of
			 Construction Management by November 1 of the year preceding the year for which
			 the license is to be renewed. Any renewal applications received after November
			 1 may, in the sole discretion of the Director, be rejected for that reason
			 alone.
(e) A renewing Home
			 Inspector may earn a $50 fee credit by training an inspector who becomes
			 licensed in Alabama. A renewing Home Inspector may not earn more than two $50
			 fee credits in a year. To train a new inspector the renewing inspector must
			 review and correct the ten inspection reports required in Rule
			 355-17-1-.06(1)(d) and supervise at least 35 of the trainee's inspections required in Rule
			 355-17-1-.06(1)
			 (b). The fee credit will be applied on the
			 next renewal after the trainee has received his or her license.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-17-1 - ALABAMA HOME INSPSECTORS REGISTRATION PROGRAM › Section 355-17-1-.09 - Denial Of License

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Grounds for Denial
. The Director may deny an
			 application for a license or a license renewal for the applicant's failure to
			 meet any requirement or standard established by the Act or these
			 rules.
(2)
Notice of
			 Denial
. The Division of Construction Management shall give any
			 applicant whose application for licensure or renewal is denied a written notice
			 specifying the reason for the denial.
(3)
Reconsideration
.
(a) An applicant denied a license shall be
			 given an opportunity to be re-considered after filing a new application and
			 paying an additional application fee; provided, however, the Director in his
			 discretion may waive any application requirements regarding the filing of any
			 additional forms or the payment of any additional fees.
(b) An applicant who claims to have been
			 wrongfully denied a license may request reconsideration of the Director's
			 decision at any time within 45 days after the date of the Director's notice of
			 denial. This request for reconsideration must be in writing and must include
			 evidence that the Director relied on inaccurate or incomplete information in
			 denying the applicant a license; evidence of rehabilitation or the elimination
			 or cure of the grounds on which the denial was based; or other explanatory
			 evidence bearing on the applicant's record. In connection with this request for
			 reconsideration, the applicant shall be entitled to appear before a technical
			 committee designated by the Director, in order to present the request.
			 Applicants requesting reconsideration of denial shall be notified of the
			 opportunity to appear before the committee by letter, mailed certified mail,
			 return receipt requested, to the most recent address on file with the Division
			 of Construction Management at least 15 days prior to the scheduled date of the
			 committee meeting. The notice shall also otherwise substantially comply with
			 the requirements found in
Code of Ala. 1975
, §
									41-22-12(b).
			 In the event an applicant receives less than 15 days' notice as described
			 herein, the Director may grant a continuance until the next meeting date. The
			 committee shall report to the Director its recommendation concerning the
			 applicant's request for reconsideration. The Director shall be solely
			 responsible for deciding whether or not to grant or deny the applicant a
			 license. Should the Director deny the applicant his or her license, the
			 applicant shall thereafter be entitled to appeal that decision to circuit
			 court, as provided in Rule
			 355-17-1-.18.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-17-1 - ALABAMA HOME INSPSECTORS REGISTRATION PROGRAM › Section 355-17-1-.10 - Failure Of Timely Payment Of Fees

Current through Register Vol. 42, No. 9, June 28, 2024
An application for a license, or any request for which a fee is
				required, must be accompanied by payment of the requisite fee in full in the
				appropriate form, or else the application or request shall be
				denied.
Previous Rule .08 was renumbered to .10 per certification
				  filed July 31, 2019; effective September 14, 2019.
Author:
Kippy Tate
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-14B-1,
				  et seq.;
				  41-9-140,
				  et seq.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-17-1 - ALABAMA HOME INSPSECTORS REGISTRATION PROGRAM › Section 355-17-1-.11 - Method Of Payment, Time Of Payment

Current through Register Vol. 42, No. 9, June 28, 2024
Fees shall be paid by cashier's check, bank check or commercial
				money order or an electronic means accepted by the Director. Fees are deemed
				paid when the funds represented by the check or money order are received by or
				made available to the Director.
Previous Rule .09 was renumbered to .11 per certification
				  filed July 31,2019; effective September 14,2019.
Author:
Frank Barnes
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-14B-1,
				  et seq.;
				  41-9-140,
				  et seq.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-17-1 - ALABAMA HOME INSPSECTORS REGISTRATION PROGRAM › Section 355-17-1-.12 - Fees Not Refundable

Current through Register Vol. 42, No. 9, June 28, 2024
No fee or part of a fee paid by an applicant for a license, or
				any request for which a fee is required, shall be refunded as a result of the
				denial, revocation, or suspension of the applicant's license. In the event an
				applicant fails to complete the application process successfully or the
				Director refuses to issue a license to an applicant, any license fee submitted
				as part of the application process shall not be refunded.
Previous Rule .10 was renumbered to .12 per certification
				  filed July 31, 2019; effective September 14,
				  2019.
Author:
Frank Barnes
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-14B-1,
				  et seq.;
				  41-9-140,
				  et seq.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-17-1 - ALABAMA HOME INSPSECTORS REGISTRATION PROGRAM › Section 355-17-1-.13 - Fees

Current through Register Vol. 42, No. 9, June 28, 2024
A fee of $300 shall accompany every application for licensure
				or application for the renewal of a license.
Previous Rule .11 was renumbered to .13 per certification
				  filed July 31, 2019; effective September 14,
				  2019.
Author:
Kippy Tate
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-14B-1,
				  et seq.;
				  41-9-140,
				  et seq.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-17-1 - ALABAMA HOME INSPSECTORS REGISTRATION PROGRAM › Section 355-17-1-.14 - Fee Adjustments

Current through Register Vol. 42, No. 9, June 28, 2024
The Division of Construction Management may adjust the fees as
				necessary to cover the Division of Construction Management's operating costs as
				provided in
Code of Ala. 1975
, §
								34-14B-5.
Previous Rule .12 was renumbered to .14 per certification
				  filed July 31, 2019; effective September 14,
				  2019.
Author:
Frank Barnes
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-14B-1,
				  et seq.;
				  41-9-140,
				  et seq.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-17-1 - ALABAMA HOME INSPSECTORS REGISTRATION PROGRAM › Section 355-17-1-.15 - Home Inspectors Advisory Committee Creation; - composition

Current through Register Vol. 42, No. 9, June 28, 2024
(1) There shall be
			 an Alabama Home Inspectors Advisory Committee, consisting of nine members, each
			 of whom shall be appointed by the Director, selected as follows:
(a) Two members of the committee shall be
			 current Alabama licensed home inspectors that are current ASHI members with a
			 minimum of five years' experience as a licensed home inspector.
(b) Two members of the committee shall be
			 current Alabama licensed home inspectors that are current InterNACHI members
			 with a minimum of five years' experience as a licensed home
			 inspector.
(c) One member of the
			 committee shall be a current Alabama licensed home inspector that is an active
			 member of a professional home inspector body other than InterNACHI or ASHI with
			 a minimum of five years' experience as a licensed home inspector.
(d) One member of the committee shall be a
			 current Alabama licensed home inspector that is an active Alabama Home
			 Inspectors Organization (AHIO) member with a minimum of five years' experience
			 as a licensed home inspector.
(e)
			 One member of the committee shall be a current Alabama licensed EIFS inspector
			 and a minimum of five years' experience as a licensed EIFS inspector.
(f) One member of the committee shall be a
			 current Alabama licensed home inspector that is a licensed Alabama homebuilder
			 with a minimum of five years' experience as a licensed home
			 inspector.
(g) One member of the
			 committee shall be a resident of Alabama.
(h) If the Director is unable to find a
			 willing individual that meets the above criteria, any licensed home inspector
			 may be appointed to that seat.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-17-1 - ALABAMA HOME INSPSECTORS REGISTRATION PROGRAM › Section 355-17-1-.16 - Duties Of The Committee

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The committee shall do the following:
(a)
			 Advise the Director on all aspects of the Home Inspector and EIFS Inspector
			 licensing process and requirements.
(b) Review continuing education requirements
			 and recommend changes and areas of focus.
(c) Review complaints against licensed or
			 unlicensed Home Inspectors and EIFS Inspectors. The committee shall advise the
			 Director whether complaints are trivial, frivolous, or not made in good
			 faith.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-17-1 - ALABAMA HOME INSPSECTORS REGISTRATION PROGRAM › Section 355-17-1-.17 - Violations Of The Act, Initiation Of Proceedings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Director may initiate such actions as
			 he or she deems appropriate to investigate and determine compliance by Home
			 Inspectors, EIFS Inspectors, and unlicensed inspectors with the provisions of
			 the Act and the rules of the Division of Construction Management. The Director
			 retains authority to initiate all such proceedings as he or she deems
			 appropriate and which are authorized by law.
(2) It shall be the duty of the Director to
			 cause an investigation to be done, as set forth in Rule
			 355-17-1-.18 1(b), against a licensed home inspector upon receipt of evidence of probable
			 cause by a licensed home builder that the Home Inspector has violated the
			 Standards of Practice or Code of Ethics promulgated in Chapter 355-18-1. Such
			 investigation shall not require review as set forth in Rule
			 355-17-1-.18 1(a).
(3) The Director may also
			 act where initiated by an aggrieved party to a transaction involving a licensed
			 inspector or by the Attorney General of the State of Alabama.
(4) For complaints against inspectors not
			 licensed in Alabama any person may be an aggrieved party and complaints may be
			 made anonymously. For complaints against licensed Alabama Home Inspectors and
			 EIFS Inspectors, only the purchasers of the inspection may be an aggrieved
			 party and the complainant must sign and affirm that the allegations in the
			 complaint are true to the best of his or her knowledge.
Previous Rule .13 was renumbered to .17 per certification
				  filed July 31, 2019; effective September 14,
				  2019.
Author:
Frank Barnes
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-14B-1,
				  et seq.;
				  41-9-140,
				  et seq.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-17-1 - ALABAMA HOME INSPSECTORS REGISTRATION PROGRAM › Section 355-17-1-.18 - Complaint Procedure

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In
			 the event a complaint is filed against a licensee or if the Director determines
			 from other information that an investigation is necessary, the procedure for
			 investigation of the complaint shall be as follows:
(a) The complaint shall be sent to the Home
			 Inspector Advisory Committee. The committee shall review the complaint and
			 advise the Director whether it is trivial, frivolous, or not made in good faith
			 within 30 days of the Director receiving the complaint.
(b) Valid complaints shall be investigated by
			 an investigator selected by the Director. Within 60 days of the Director
			 receiving a complaint the investigator shall inform the Director as to whether
			 probable cause exists for the Division of Construction Management to initiate
			 formal disciplinary proceedings, or to forward any necessary information to the
			 appropriate governmental authorities. If the investigator determines upon his
			 or her investigation that no probable cause exists, he or she will recommend to
			 the Director that the proceedings terminate.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-17-1 - ALABAMA HOME INSPSECTORS REGISTRATION PROGRAM › Section 355-17-1-.19 - Pre-Hearing Discovery

Current through Register Vol. 42, No. 9, June 28, 2024
Within a reasonable amount of time prior to the scheduled
				hearing, the parties shall exchange all documents to be introduced into
				evidence at the hearing. The hearing officer, or in the absence of a hearing
				officer the Director, shall make all other decisions concerning pre-hearing
				discovery when requested to do so by either party.
Previous Rule .15 was renumbered to .19 per certification
				  filed July 31, 2019; effective September 14,
				  2019.
Author:
Kippy Tate
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-14B-1,
				  et seq.;
				  41-9-140,
				  et seq.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-17-1 - ALABAMA HOME INSPSECTORS REGISTRATION PROGRAM › Section 355-17-1-.20 - Disciplinary Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Conduct of Hearing
(a) The Director, in his or her discretion
			 and subject to applicable provisions of the Alabama Administrative Procedures
			 Act, may appoint a hearing officer to hear the evidence and submit a report to
			 the Director, including recommended findings of fact and conclusions of
			 law.
(b) The respondent shall
			 either admit or deny the charges set forth in the complaint.
(c) The hearing shall be conducted in a
			 manner prescribed by the hearing officer, or, in the absence of a hearing
			 officer, in a manner prescribed by the Director.
(d) The Director shall issue an order within
			 45 days after the hearing is concluded. The order shall include findings of
			 fact, official notice taken and conclusions of law, stated separately. The
			 parties shall be notified either personally or by certified mail, return
			 receipt requested, of any order, and a copy of the final order shall be
			 delivered and mailed to each party or to his or her attorney of
			 record.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-17-1 - ALABAMA HOME INSPSECTORS REGISTRATION PROGRAM › Section 355-17-1-.21 - Discipline

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Revocation and suspension of license and imposition of
			 administrative fines
. The Director may revoke or suspend the
			 respondent's license and may impose and collect administrative fines not to
			 exceed $3,000 per violation of the Act or these rules:
(a) Upon a finding that the respondent has
			 provided false information in an application;
(b) Upon a finding that respondent has
			 violated the applicable Standards of Practice or Code of Ethics promulgated by
			 the Division of Construction Management;
(c) Upon a finding that any of the insurance
			 coverages required in Rule
			 355-17-1-.06 has ceased to be
			 effective; or
(d) Upon a finding by
			 the Director that the respondent has failed to comply with any requirement of
			 the Act or these rules.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-17-1 - ALABAMA HOME INSPSECTORS REGISTRATION PROGRAM › Section 355-17-1-.22 - Appeal

Current through Register Vol. 42, No. 9, June 28, 2024
A licensee whose license has been revoked, suspended or who
				otherwise has been the subject of a final disciplinary action may appeal the
				Director's order to the Circuit Court of Montgomery County, or such other
				proper venue as disclosed in
Code of Ala. 1975
, §
								41-22-20(b).
				Any such licensee must file with the Director's written notice of his intention
				to appeal within ten days of receipt by the licensee of the Director's final
				order and must file a petition for judicial review in the appropriate court
				within 30 days after filing the notice of appeal with the
				Director.
Previous Rule .18 was renumbered to .22 per certification
				  filed July 31, 2019; effective September 14,
				  2019.
Author:
Kippy Tate
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-14B-1,
				  et seq.;
				  41-9-140,
				  et seq.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-17-1 - ALABAMA HOME INSPSECTORS REGISTRATION PROGRAM › Section 355-17-1-.23 - Reinstatement Of License After Revocation Or Suspension

Current through Register Vol. 42, No. 9, June 28, 2024
Any licensee whose license has been revoked or suspended may
				apply to the Director for reinstatement of the license at any time. In the
				application for reinstatement, the applicant shall state why the license should
				be reinstated and shall specifically set forth any change in circumstances that
				would justify reinstatement. The application for reinstatement must include
				evidence that the applicant meets all the current licensure requirements and,
				unless excused by the Director, the applicant must qualify for licensure
				through all the procedures, including written examination, for initial
				licensure.
Previous Rule .19 was renumbered to .23 per certification
				  filed July 31, 2019; effective September 14,
				  2019.
Author: Kippy Tate
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-14B-1,
				  et seq.;
				  41-9-140,
				  et seq.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-17-1 - ALABAMA HOME INSPSECTORS REGISTRATION PROGRAM › Section 355-17-1-.24 - Temporary Restraining Orders And Other Injunctive Relief

Current through Register Vol. 42, No. 9, June 28, 2024
Upon receipt of evidence that a licensed Home Inspector or EIFS
				Inspector has violated or is about to violate the Act or the rules of the
				Division of Construction Management, the Director may petition the Circuit
				Court of the county in which the violation occurred or is about to occur to
				issue a temporary restraining order or other appropriate injunctive relief
				enjoining such violation.
Previous Rule .20 was renumbered to .24 per certification
				  filed July 31, 2019; effective September 14,
				  2019.
Author:
Frank Barnes
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-14B-1,
				  et seq.;
				  41-9-140,
				  et seq.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-18-1 - STANDARDS OF PRACTICE AND CODE OF ETHICS › Section 355-18-1-.02 - Code Of Ethics For Home Inspectors

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The home inspector will express an
			 opinion only when it is based on practical experience and honest
			 conviction.
(2) The home inspector
			 will always act in good faith toward each client.
(3) The home inspector will not disclose any
			 information concerning the results of the inspection without the approval of
			 the clients or their representatives.
(4) The home inspector will not accept
			 compensation, financial or otherwise, from more than one interested party for
			 the same service without the consent of all interested parties.
(5) The home inspector will not accept nor
			 offer commissions or allowances, directly or indirectly, from other parties
			 dealing with their client in connection with work for which the home inspector
			 is responsible.
(6) The home
			 inspector will promptly disclose to his or her client any interest in a
			 business which may affect the client. The home inspector will not allow an
			 interest in any business to affect the quality or the results of their
			 inspection work which they may be called upon to perform. The inspection work
			 may not be used as a vehicle by the inspector to deliberately obtain work in
			 another field.
(7) The home
			 inspector shall make every effort to uphold, maintain, and improve the
			 professional integrity, reputation, and practice of the home inspection
			 profession. He or she will report such relevant information, including
			 violations of this Code by other home inspectors, to the Building Commission.
Author:
The Alabama Standards of Practice and
				  Code of Ethics for Home Inspectors are adopted from the American Society of
				  Home Inspector's (ASHI) Standards of Practice and Code of Ethics. The Alabama
				  Building Commission gratefully acknowledges ASHI's consent.
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-14B-1,
				  et seq.,
				  41-9-140,
				  et seq.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-18-1 - STANDARDS OF PRACTICE AND CODE OF ETHICS › Section 355-18-1-.03 - Standards Of Practice For EIFS Inspectors

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Scope and Purpose.
(a) Inspections performed in accordance with
			 these guidelines are intended to provide the building owner or client with a
			 better understanding of the exterior cladding system and component conditions
			 as observed at the time of inspection.
(b) EIFS Inspectors as defined in
Code of Ala. 1975
, §
									34-14B-2 shall:
1. Observe all installed EIFS and
			 stucco wall components listed elsewhere in these standards.
2. Submit a written, signed report to the
			 person or persons outlined in their contract. The report shall:
(i) Describe those components specified, as
			 listed elsewhere in these standards.
(ii) State which components were inspected as
			 listed elsewhere in these standards.
(iii) State which components as listed
			 elsewhere in these standards that were not inspected and why.
(iv) State why any components that are listed
			 elsewhere in these standards that are in need of correction, modification, or
			 immediate repair in order to bring the system to industry and/or manufacturer
			 standards.
(c) These inspection standards are not
			 intended to limit the inspector from:
1.
			 Reporting conditions or observations that directly relate to the performance or
			 life of the inspected wall system and its components.
2. Including other systems and components
			 into the inspection if requested by the person or persons for whom the
			 inspection is performed.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-18-1 - STANDARDS OF PRACTICE AND CODE OF ETHICS › Section 355-18-1-.04 - Code Of Ethics For EIFS Inspectors

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Quality of Care. EIFS Inspectors shall
			 commit to ongoing professional development and education.
(2) Individual Rights. EIFS Inspectors shall
			 strive to recognize and respect the rights, dignity and individuality of all
			 persons. An EIFS Inspector shall not unlawfully discriminate or knowingly
			 permit unlawful discrimination on the basis of race, national origin, sex,
			 sexual orientation, religion, age or disability.
(3) Representation of Care and Fees.
(a) EIFS Inspectors shall make no
			 representations regarding their services or disqualifications that are false or
			 misleading in any material respect.
(b) EIFS Inspectors shall fully disclose all
			 applicable charges for services, as well as the general scope of the services
			 prior to conducting an inspection or providing other services. EIFS Inspectors
			 shall not inspect for a fee any property in which the EIFS Inspector, or the
			 EIFS Inspector's company, has any financial interest or any interest in the
			 transfer of the property.
(c) EIFS
			 Inspectors shall not offer or deliver any compensation, inducement, or reward
			 to the owner of the inspected property, the broker, agent, or home inspector
			 for the referral of any business to the EIFS Inspector, the EIFS Inspector's
			 company or the EIFS Inspector's remediation contractor.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-19-1 - BUILDING COMMISSION FORMS

Current through Register Vol. 42, No. 9, June 28, 2024
Click to view
			 image
THE RULES OF THE BUILDING COMMISSION WERE TRANSFERRED TO THE
				DEPARTMENT OF FINANCE, CHAPTER 355-19-1, PURSUANT TO ACT2015-435.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-20-1 - ELECTRONIC SIGNATURES AND RECORDS › Section 355-20-1-.01 - Legal Basis

Current through Register Vol. 42, No. 9, June 28, 2024
The Alabama Uniform Electronic Transactions Act ("UETA"),
				Section 8-1A-1 et seq. of the
Code of Ala. 1975
, enacted in 2002, is intended to
				facilitate the use of electronic documents in business, commercial, and
				governmental transactions. The Act promotes but not require the use of
				electronic signatures and creation of electronic documents. Section
				8-1A-18(a) provides that "each government agency of this state with rule-making authority
				. . . may determine by rule whether, and the extent to which, it will send and
				accept electronic records and electronic signatures to and from other persons
				and otherwise create, generate, communicate, store, process, use, and rely upon
				electronic records and electronic signatures." Section
				8-1A-12(a) provides that an electronic record meets other state law requirements for
				record retention if the electronic record both accurately reflects the original
				document and is accessible for later reference. Section
				8-1A-13 provides that an electronic
				record may not be excluded from evidence in court solely because it is in
				electronic form. Section
				8-1A-12(g) provides that the State Records Commission is not precluded by the Act from
				placing additional requirements for record retention on
				agencies.
Author:
Jacob Harper
Statutory Authority:
Code of Ala.
				  1975
, §§
										8-1A-7,
				  8-1A-12,
				  8-1A-13,
				  8-1A-18,
				  41-4-35.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-20-1 - ELECTRONIC SIGNATURES AND RECORDS › Section 355-20-1-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
Except as otherwise specified in this rule, undefined terms
				have the respective meanings set forth in the Act. Notwithstanding the
				forgoing, the following words where used in this rule shall have the following
				meanings:
(1) Act or UETA. Alabama
			 Uniform Electronic Transaction Act,
Code of Ala. 1975
,
			 Section 8-1A-1 et seq.
(2) Department. The Department of Finance of
			 the State of Alabama, as established in
Code of Ala.
			 1975
, Section
			 41-4-2, and all divisions,
			 offices, or other subdivisions thereof.
(3) Records Disposition Authority or RDA. An
			 agency-level records retention schedule issued by the State Records Commission
			 under the authority granted by the
Code of Ala. 1975
,
			 Sections 41-13-5 and
			 41-13-20 through 21.
(4) State Records Commission. The State
			 Records Commission, as established in
Code of Ala.
			 1975
, Section
			 41-13-20.
Author:
Jacob Harper
Statutory Authority:
Code of Ala.
				  1975
, §§
										8-1A-18,
				  41-4-35.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-20-1 - ELECTRONIC SIGNATURES AND RECORDS › Section 355-20-1-.03 - Use Of Electronic Signatures And Electronic Records

Current through Register Vol. 42, No. 9, June 28, 2024
In accordance with Section
				8-1A-18(a) of the
Code of Ala. 1975
, the Department hereby establishes
				that to the fullest extent permitted by the Act and except as otherwise
				provided in this administrative rule, the Department may send and accept
				electronic records and electronic signatures to and from other persons and
				otherwise create, generate, communicate, store, process, use, and rely upon
				electronic records and electronic signatures. In accordance with Section
				8-1A-18(b), use of
				electronic records and electronic signatures will comply with the following
				requirements:
(1) Provide an identical
			 copy of the original signed and executed document to the signer.
(2) Ensure non-repudiation; that the signer
			 cannot deny the fact that he or she electronically signed the
			 document.
(3) Capture information
			 about the process used to capture signatures (i.e. create an audit trail),
			 including but not limited to
(a) IP
			 address
(b) Date and time stamp of
			 all events
(c) All web pages,
			 documents, disclosures, and other information presented
(d) What each party acknowledged, agreed to,
			 and signed.
Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-20-1 - ELECTRONIC SIGNATURES AND RECORDS › Section 355-20-1-.04 - Creation And Retention Of Electronic Records

Current through Register Vol. 42, No. 9, June 28, 2024
In accordance with Section
				8-1A-20 of the
Code of
				Ala. 1975
, the Department hereby establishes that to the fullest
				extent permitted by the Act and except as otherwise provided in this
				administrative rule, the Department may create and retain electronic records
				and convert written records to electronic records. Any such electronic records
				will be retained in compliance with State Records Commission requirements,
				including any records retention schedules previously agreed to by the
				Department. The Department may create a retrievable electronic record or copy,
				by optical scan or otherwise, of paper original documents or make other images
				or paper copies which accurately reproduce the originals and may destroy
				original paper documents so copied as specified in the RDA. Electronic copies
				of original documents, when certified by an authorized Department record
				custodian, are admissible in Department administrative proceedings as
				authorized by the Act as though they were the original document. The electronic
				document retains the confidential or public document characteristics of the
				original document.
Author:
Jacob Harper
Statutory Authority:
Code of Ala.
				  1975
, §§
										8-1A-7,
				  8-1A-12,
				  8-1A-18,
				  41-4-35.