Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-3 - LICENSING AND FEES › Section 440-X-3-.09 - Person In Responsible Charge

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The person
			 in responsible charge must direct the projects involving the installation or
			 service and repair of heating, air conditioning or refrigeration systems under
			 Alabama law. The person in responsible charge must be regularly employed
			 person, a person who is an actual employee of the business, not an independent
			 contractor and must receive a W-2 for all earnings. The person must work an
			 average of 30 or more hours per week for the heating, air conditioning, or
			 refrigeration business as a full-time employee. The responsible charge may also
			 be an owner, partner, or corporate officer of the partnership, corporation,
			 business trust, or other legal entity. The responsible charge must possess the
			 requisite skill, knowledge, and experience and have the responsibility to
			 supervise, direct, manage, and control the installation, service, or repair
			 activities of the business entity with which he is affiliated. The Board shall
			 examine the technical and personal qualifications of the person in responsible
			 charge and may investigate and/or examine that person's
			 qualifications.
(2) If the person
			 in responsible charge of a business entity desires to qualify a second or
			 additional business entity by holding dual certifications with the Board, that
			 person is required to appear at a meeting of the Board and present evidence of
			 ownership, ability to supervise, direct, manage and control that business
			 entity. The person in responsible charge must also present evidence at or
			 before this Board meeting of his financial responsibility for the additional
			 business entity. The person in responsible charge shall also pay an additional
			 licensing fee to the Board for this additional business entity and shall
			 provide a bond in the amount required for certified contractors under these
			 Rules. It is entirely within the Board's discretion to allow or disallow the
			 additional business entity to be certified under the certified contractors
			 responsible charge.
(3) The person
			 in responsible charge, as a certified contractor, is responsible for electrical
			 work, to include circuit protection and wiring, from the appliance to the means
			 of disconnect related to commercial and residential heating and air
			 conditioning, and/or commercial refrigeration equipment, and is considered by
			 the Board as the person responsible for such work should the work fail to meet
			 the minimum standards outlined in Section 440-X-5 of these rules.
(4) The person in responsible charge, as a
			 certified contractor, is responsible for gas piping from the appliance to the
			 means of disconnect, related to commercial and residential heating and air
			 conditioning, and/or commercial refrigeration equipment, and is considered by
			 the Board as the person responsible for such work should the work fail to meet
			 the minimum standards in Section 440-X-5 of these Rules.
Author:
Jeffrey Becraft
Statutory Authority:
Code of Ala.
				  1975
, §
										34-31-18.