Alabama Administrative Code › Title 465 - HOME BUILDERS LICENSURE BOARD › Chapter 465-X-1 - DEFINITIONS › Section 465-X-1-.01 - Definition Of Terms

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Code of Ala. 1975
, §
								34-14A-2, provides for
			 definitions of the following terms: Advisory Council, Board, Cost of the
			 Undertaking, Homeowner, Improvement, Inactive License, License, Licensee,
			 Person, Qualifying Representative, Residence, Residential Home Builder,
			 Residential Roofer, Structure, and Transaction. Residential remodelers are
			 included within the definition of "Residential Home Builder."
(2) Act. The term "Act" as used in these
			 rules shall mean Title 34, Chapter 14A of the
Code of Ala.
			 1975
regulating the home building and home improvement
			 industries.
(3) Agricultural
			 Building. A building, not meeting the definition of residence or structure
			 within the Act, and used for raising, harvesting, and selling crops or for the
			 feeding, breeding, management, raising, sale of, or the production of
			 livestock, including beef cattle, sheep, swine, horses, ponies, mules, poultry,
			 fur-bearing animals, honeybees, and fish, or for dairying and the sale of dairy
			 products, or for the growing and sale of timber and forest products, or any
			 other agricultural or horticultural use or animal husbandry and any combination
			 thereof pursuant to
Code of Ala. 1975
,
			 §
								40-8-1(b)(1).
(4) 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
.
(5) Gross
			 Negligence. The term "gross negligence" as used in
Code of Ala.
			 1975
, §
								34-14A-8, shall mean engaging in the business of
			 residential home building by a licensee (including by its duly authorized
			 agent), characterized by that licensee's reckless disregard for the rights,
			 safety, or welfare of homeowners, which could result in injury or damage to
			 life or property or financial loss.
(6) Homeowners' Recovery Fund. The term
			 "Homeowners' Recovery Fund" as used in these rules shall mean that special fund
			 deposited into the State Treasury and held by the Board in trust for the
			 purpose of carrying out the provisions of Section 15 of the Act.
(7) Incompetence. The term "incompetence" as
			 used in
Code of Ala. 1975
, §
								34-14A-8, shall mean
			 engaging in the business of residential home building by a licensee (including
			 by its duly authorized agent) who fails to perform in a reasonable manner under
			 the standard used in that community for residential home building, including
			 but not limited to the proper supervision of subcontractors.
(8) Misconduct. The term "misconduct" as used
			 in
Code of Ala. 1975
, §
								34-14A-8, shall mean
			 engaging in the business of residential home building by a licensee who
			 intentionally makes any assertions or representations which are fraudulent,
			 deceitful, or misleading to a homeowner or otherwise knowingly or intentionally
			 engages in conduct which is fraudulent, deceitful or misleading to a homeowner.
			 Misconduct of a licensee also includes but is not limited to knowingly or
			 intentionally falsely representing itself as the residential home builder in
			 charge of residential construction, including but not limited to, purchasing
			 building permits for unlicensed builders, or otherwise assisting unlicensed
			 builders in the business of residential home building through the use of its
			 license.
(9) Repair, improvement,
			 or reimprovement. The term "repair, improvement, or reimprovement" as used in
Code of Ala. 1975
, §
								34-14A-2(12) shall mean
			 engaging in the business of residential homebuilding by contracting directly
			 with a homeowner to perform construction on a residence or structure, when the
			 cost of the undertaking exceeds $10,000, and when the construction does not
			 affect the structural integrity of a residence or structure, or does not
			 involve more than one trade. Repair, improvement, or reimprovement does not
			 include construction activities performed by persons who are otherwise licensed
			 and regulated by the State of Alabama and who are operating within the scope of
			 their respective licenses on behalf of clients. The term "improvement" is
			 defined by
Code of Ala. 1975
, §
								34-14A-2(5).
(10) Residential Roofing. The term
			 "residential roofing" as used in these rules shall mean installing products or
			 repairing surfaces on the external upper covering of a residence or structure
			 that seals, waterproofs, or weatherproofs the residence or the structure, when
			 the cost of the undertaking exceeds $2,500.
(11) Single Lot. The term "single lot" as
			 used in
Code of Ala. 1975
, §
								34-14A-2(14) and as
			 used in these rules shall mean:
(a) A single
			 lot as prescribed by local zoning ordinances or building codes.
(b) Builders who construct or offer to
			 construct more than four (4) residences on a single lot, including site-built
			 homes, condominiums, duplexes, or multi-unit residential buildings consisting
			 of more than four (4) residential units are subject to the jurisdiction of the
			 Alabama Licensing Board for General Contractors.