Alabama Administrative Code › Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS › Chapter 440-X-1 - DEFINITIONS › Section 440-X-1-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Code of Ala.
			 1975
, Section 34-31-18, provides for definitions of the following
			 terms: "certified contractor, " "installation," "service and repair," "board,"
			 "heating, air conditioning and refrigeration system or systems,"
			 "administrative procedures law: and "responsible charge."
(2) Act. The term "Act" as used in these
			 rules shall mean Title 34, Chapter 31 of the
Code of Ala.
			 1975
, regulating the heating, air conditioning, and commercial
			 refrigeration contractors industry.
(3) Alabama Administrative Procedure Act. The
			 term "Alabama Administrative Procedure Act" refers to the Act codified at Title
			 41, Chapter 22, of the
Code of Ala.
			 1975
.
(4) Board. The term "Board" as used in these
			 Rules shall mean the State Board of Heating, Air Conditioning and Refrigeration
			 Contractors. The Board shall be comprised of members appointed by the Governor,
			 Lieutenant Governor, Speaker of the House, and President Pro Tempore of the
			 Senate pursuant to Section 34-31-20,
Code of Ala.
			 1975
. The public may make submissions and requests to the Board in
			 writing at the following mailing address:
State of Alabama
Board of Heating, Air Conditioning
and Refrigeration Contractors
100 North Union Street, Suite 986
Montgomery, Alabama 36130
(5) Certificate. The term "certificate" as
			 used in these Rules shall mean a certificate issued to or renewed by a
			 certified contractor by the Board pursuant to the Act. The term certificate may
			 also be interchanged with the term "license".
(6) Certified Contractor. The term "certified
			 contractor" as used in these Rules shall mean any individual or any regularly
			 employed person for any partnership or corporation who for hire is engaged in
			 the installation or service and repair of heating, air conditioning or
			 refrigeration systems; provided that nothing in this chapter shall apply to
			 retail sellers of heating, air conditioning or refrigeration systems who do not
			 install said systems themselves. A certified contractor is authorized to
			 install or service and repair or replace natural gas heating, air conditioning
			 or refrigeration appliances, including specifically the servicing, repair, or
			 replacement of those appliances, including specifically the servicing, repair,
			 or replacement of those appliances in manufactured housing set up as stationary
			 housing, but excluding the piping to such appliances, and except as otherwise
			 prohibited by law.
(7) Retail
			 Seller. The term "retail seller" shall mean any person (as defined in these
			 rules) who sells a heating, air conditioning or refrigeration system or
			 systems, but does not provide for the service, repair or installation of said
			 system.
(8) Inactive Contractor.
			 The term "inactive contractor" refers to any certified contractor who elects to
			 obtain inactive status as a certified contractor. To obtain status as an
			 inactive contractor, the certified contractor shall notify the Board in writing
			 of his desire to seek inactive contractor status and return his licensing card
			 reflecting his status as a certified contractor. The Board shall then issue the
			 contractor an inactive contractor-licensing card. Inactive contractors shall be
			 required to pay an annual licensing fee in an amount that does not exceed
			 one-half of the annual licensing fee for certified contractors. An "inactive
			 contractor" shall not be eligible or allowed to purchase local licenses or be
			 issued any permits to perform installation, service, or repair work, or to
			 solicit or bid to perform installation, service or repair work, on heating, air
			 conditioning or refrigeration systems. An inactive contractor may be allowed by
			 the Board to reactivate certification as a "certified contractor" at any time
			 by notifying the Board in writing of his desire to return to "certified
			 contractor" status and by informing the Board that he or she has obtained the
			 proper bond pursuant to Alabama law and the Rules and Regulations of the Board.
			 The inactive contractor shall also submit payment to the Board of the
			 difference in fees between "certified contractor" and "inactive contractor"
			 status.
(9) Person. The term
			 "person" as used in these Rules shall mean any natural person, limited or
			 general partnership, corporation, association, limited liability company, or
			 other legal entity, or any combination thereof.
(10) Bond. The term "bond" as used in these
			 Rules shall mean that performance bond described in the Act.
(11) Minimum Standards. The term "minimum
			 standards" as used in these Rules shall mean those minimum repair and service
			 standards adopted for certified contractors by the Board pursuant to the
			 Act.
(12) Continuing Education. The
			 term "continuing education" as used in these rules shall mean the required
			 hours of continuing education required by state law for certified
			 contractors.
(13) Regularly
			 Employed Person. The term "regularly employed person" as used in these rules
			 shall mean a person who is an actual employee of the business, not an
			 independent contractor, who works at least 30 hours or more per week and
			 receives a W-2 wage form not a 1099 form from the employer.
The following rules were repealed due to certification filed
				  April 9, 2003; effective May 14, 2003.
Authors:
Kathy LeCroix, Jeffrey M.
				  Becraft
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-31-18.