reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-8 - COLLECTION OF USER FEES › Section 170-X-8-.02 - Calculation Of Fees

Current through Register Vol. 42, No. 9, June 28, 2024
Total Valuation
Plan Review Fee
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.
The total valuation of work shall be the cost of construction.
The "cost of construction" shall include the cost of the actual building construction, addition, or alteration work, including sitework.
Author:
Katherine Lynn
Statutory Authority:
Code of Ala. 1975
, §
										41-9-141(a)(8).
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-8 - COLLECTION OF USER FEES › Section 170-X-8-.03 - Fees Required

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Initial Fee: The first submittal of each new project shall be accompanied by 1/2 of the plan review fee not to exceed $500.00. Submittals sent in without this initial fee will not be reviewed until the fee payment is received.
(2) Final Submittal Approval Fee: The final submittal of each project shall be accompanied by a payment for the balance of the total plan review fee payment. Submittals sent in without this final submittal fee will not be reviewed until the fee payment is received. The following conditions apply:
(a) Written review comments must be sent by the Building Commission to the architect within 30 calendar days of receipt of the submittal. If the submittal is not reviewed within this time limitation, the Final Submittal Approval Fee is waived.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-8 - COLLECTION OF USER FEES › Section 170-X-8-.04 - Payment Of Fees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Final Submittal Approval Fee payment shall be accompanied by the "Final Submittal Approval Fee Worksheet" and a copy of the architect's latest estimated cost of building construction. The cost estimate shall be the basis for calculating the estimated total fee on the fee worksheet.
(2) 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.
(4) Fee payments shall be by check or money order made payable to the "Alabama Building Commission".
(5) Fee payments shall be received only at the Alabama Building Commission's office in Montgomery.
Author:
Katherine Lynn
Statutory Authority:
Code of Ala. 1975
, §
										41-9-141(a)(8).
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-8 - COLLECTION OF USER FEES › Section 170-X-8-.05 - Final Cost Of The Work

Current through Register Vol. 42, No. 9, June 28, 2024
The final cost of the work for the permit fee shall be adjusted for change orders and for sales tax credit received by the Owner. The final cost of the work for plan review fees shall be adjusted to include the lowest bid on additive unawarded alternates. The final adjustment along with a copy of the contractor's final pay request shall be submitted to the Building Commission with the Certificate of Substantial Completion.
Author:
Katherine Lynn
Statutory Authority:
Code of Ala. 1975
, §
										41-9-141(a)(8).
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-8 - COLLECTION OF USER FEES › Section 170-X-8-.06 - Penalties

Current through Register Vol. 42, No. 9, June 28, 2024
Where work for which Building Commission approval is required is started or proceeds prior to obtaining said approval, the fees herein specified shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of the Building Commission in the execution of the work nor from any other penalties prescribed herein.
Author:
Katherine Lynn
Statutory Authority:
Code of Ala. 1975
, §
										41-9-141(a)(8).
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-8 - COLLECTION OF USER FEES › Section 170-X-8-.07 - Contract Document Administration Fees

Current through Register Vol. 42, No. 9, June 28, 2024
For projects requiring the Building Commission's approval of the contract documents, a contract document administration fee equal to 1/2% of the construction cost will be charged to the Owner.
Author:
Katherine Lynn
Statutory Authority:
Code of Ala. 1975
, §
										41-9-141(a) (8.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-9 - [Repealed] › Section 170-X-9-.02 - Duty And Authority Of The State Of Alabama Building Commission

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala. 1975
, §
										41-9-161.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-9 - [Repealed] › Section 170-X-9-.03 - Adoption Of Minimum Standards

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala. 1975
, §
										41-9-161.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-9 - [Repealed] › Section 170-X-9-.04 - Interpretations Of Standards

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala. 1975
, §
										41-9-141, and as allowed by the Codes as adopted.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-9 - [Repealed] › Section 170-X-9-.05 - Exhibits And Attachments

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala. 1975
, §
										41-9-161.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-10 - [Repealed] › Section 170-X-10-.03 - Thermal And Lighting Efficiency Guidelines

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala. 1975
, §
										41-9-172.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-10 - [Repealed] › Section 170-X-10-.04 - Exhibits And Attachments

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Stedmann B. McCollough, Director
Statutory Authority:
Code of Ala. 1975
, §
										41-9-172.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-11 - [Repealed] › Section 170-X-11-.02 - Duty And Authority

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala. 1975
, §
										39-6-1.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-11 - [Repealed] › Section 170-X-11-.04 - Exemption And Waivers

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										39-6-2, 41-9-141.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-13 - [Repealed] › Section 170-X-13-.01 - General Policy

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala. 1975
, §
										41-9-141.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-13 - [Repealed] › Section 170-X-13-.02 - Roofing Guarantees

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala. 1975
, §
										41-9-141.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-13 - [Repealed] › Section 170-X-13-.03 - Pre-Work Conference

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala. 1975
, §
										41-9-141.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-13 - [Repealed] › Section 170-X-13-.04 - Attachments And Exhibits

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala. 1975
, §
										41-9-141.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-14 - [Repealed] › Section 170-X-14-.04 - Guideline Asbestos Specifications

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala. 1975
, §
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-15 - [Repealed] › Section 170-X-15-.02 - Submittals

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										16-4-10, 41-9-141.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-19 - [Repealed] › Section 170-X-19-.01 - Leased Or Purchased Building Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										41-9-141, 41-9-160
et seq
.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-20 - [Repealed] › Section 170-X-20-.01 - General

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										39-1-1, 39-2-2, 39-5-1, 41-9-141, 41-16-20, 41-16-24
et seq
., 41-16-50.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-20 - [Repealed] › Section 170-X-20-.02 - Use Of Bond Issue Funds For Moveable Equipment

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										39-2-13, 41-9-141.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-24 - ALABAMA HOME INSPECTORS REGISTRATION PROGRAM › Section 170-X-24-.01 - Definition Of Terms

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Code of Ala. 1975
, §
								34-14B-2, provides for the definition of the following terms: Building Commission, Exterior Insulation and Finish Systems (EIFS) Inspector, Home Inspector, Person and Residence.
(2) Act. The term "Act" as used in this Chapter 170-X-24 shall mean Title 34, Chapter 14B of the
Code of Ala. 1975
, as amended.
(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) Director. The term "Director" is defined in Rule 170-X-1-.03(b). Further, the Director shall be the official of the Building Commission responsible for and empowered to implement, supervise and carry out the requirements of this Alabama Home Inspectors Registration Program. The Director's powers shall include, but shall not be limited to, the decision to accept, reject, approve or disapprove of any and all applications (whether initial, renewal or reconsideration) for licensure, to revoke or suspend licensure, imposition of fines and making a final decision on all complaint procedures, disciplinary hearings and enforcement.
(5) License. The term "license" as used in this Chapter 170-X-24 shall mean a certificate of licensure issued or renewed by the Building Commission pursuant to the Act and this Chapter 170-X-24.
Author:
Kippy Tate
Statutory Authority:
Code of Ala. 1975
, §§
										34-14B-1, et seq.; 41-9-140, et seq.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-24 - ALABAMA HOME INSPECTORS REGISTRATION PROGRAM › Section 170-X-24-.02 - Roster Of Licenses

Current through Register Vol. 42, No. 9, June 28, 2024
Beginning in 2003, the Building Commission shall, by March 31 of each year, 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 Building Commission shall keep the roster updated throughout the year.
Author:
Kippy Tate
Statutory Authority:
Code of Ala. 1975
, §§
										34-14B-1, et seq.; 41-9-140, et seq.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-24 - ALABAMA HOME INSPECTORS REGISTRATION PROGRAM › Section 170-X-24-.03 - 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 Building Commission. A license is current only during the calendar year in which it is issued. Unless renewed, a license automatically shall expire at the end of the calendar year for which it was issued.
Author:
Kippy Tate
Statutory Authority:
Code of Ala. 1975
, §§
										34-14B-1, et seq.; 41-9-140, et seq.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-24 - ALABAMA HOME INSPECTORS REGISTRATION PROGRAM › Section 170-X-24-.04 - 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, not notarized, or for which all fees due have not been paid in the form required at the time the application is filed. All applications for licenses for the calendar year 2003 must be filed with the Director on or before November 29, 2002.
Author:
Kippy Tate
Statutory Authority:
Code of Ala. 1975
, §§
										34-14B-1, et seq.; 41-9-140, et seq.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-24 - ALABAMA HOME INSPECTORS REGISTRATION PROGRAM › Section 170-X-24-.06 - 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) To renew a license, the licensee must file a complete, accurate, timely, and notarized annual license renewal application with the Director of the Building Commission. Applicants renewing a Home Inspector's license must also demonstrate continued compliance with the requirements found in Rules 170-X-24-.05(1)(b) and (c), and for renewals of licenses for the year 2005, demonstrate compliance with the requirement for errors and omissions coverage found in 170-X-24-.05(1)(b) above and compliance with the requirement found in 170-X-24-.05(1)(d) above of providing an original and duplicate test score report demonstrating that the applicant has passed the Examination Board of Professional Home Inspectors National Home Inspectors Examination. Applicants renewing an EIFS Inspector's license must also demonstrate continued membership in and adherence to the ethical standards of the Exterior Design Institute or the Association of the Wall and Ceiling Industry. Annual license renewal applications must be filed with the Building Commission by October 1 of the year preceding the year for which the license is to be renewed. Any renewal applications received after October 1 may, in the sole discretion of the Director, be rejected for that reason alone. Certificates of licensure shall be renewed on or before 60 days prior to the expiration date.
(3) If a licensee changes its address during the license year, the licensee promptly must notify the Building Commission of the new address.
Author:
Kippy Tate
Statutory Authority:
Code of Ala. 1975
, §§
										34-14B-1, et seq.; 41-9-140, et seq.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-24 - ALABAMA HOME INSPECTORS REGISTRATION PROGRAM › Section 170-X-24-.07 - 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 Building Commission 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 Building Commission 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 170-X-24-.18.
Author:
Kippy Tate
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-24 - ALABAMA HOME INSPECTORS REGISTRATION PROGRAM › Section 170-X-24-.08 - 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.
Author:
Kippy Tate
Statutory Authority:
Code of Ala. 1975
, §§
										34-14B-1, et seq.; 41-9-140, et seq.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-24 - ALABAMA HOME INSPECTORS REGISTRATION PROGRAM › Section 170-X-24-.09 - Method Of Payment, Time Of Payment

Current through Register Vol. 42, No. 9, June 28, 2024
Fees may only be paid by cashier's check, bank check or commercial money order. Fees are deemed paid when the funds represented by the check or money order actually are received by or made available to the Director.
Author:
Kippy Tate
Statutory Authority:
Code of Ala. 1975
, §§
										34-14B-1, et seq.; 41-9-140, et seq.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-24 - ALABAMA HOME INSPECTORS REGISTRATION PROGRAM › Section 170-X-24-.10 - 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 to take or pass the written examination, 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.
Author:
Kippy Tate
Statutory Authority:
Code of Ala. 1975
, §§
										34-14B-1, et seq.; 41-9-140, et seq.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-24 - ALABAMA HOME INSPECTORS REGISTRATION PROGRAM › Section 170-X-24-.11 - 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.
Author:
Kippy Tate
Statutory Authority:
Code of Ala. 1975
, §§
										34-14B-1, et seq.; 41-9-140, et seq.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-24 - ALABAMA HOME INSPECTORS REGISTRATION PROGRAM › Section 170-X-24-.12 - Fee Adjustments

Current through Register Vol. 42, No. 9, June 28, 2024
The Building Commission may adjust the fees as necessary to cover the Building Commission's operating costs as provided in
Code of Ala. 1975
, §
								34-14B-5.
Author:
Kippy Tate
Statutory Authority:
Code of Ala. 1975
, §§
										34-14B-1, et seq.; 41-9-140, et seq.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-24 - ALABAMA HOME INSPECTORS REGISTRATION PROGRAM › Section 170-X-24-.13 - 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 it deems appropriate to investigate and determine compliance by Home Inspectors and EIFS Inspectors with the provisions of the Act and the rules of the Building Commission.
(2) The Director may also take action where initiated by an aggrieved party to a transaction involving a licensed inspector or by the Attorney General of the State of Alabama.
Author:
Kippy Tate
Statutory Authority:
Code of Ala. 1975
, §§
										34-14B-1, et seq.; 41-9-140, et seq.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-24 - ALABAMA HOME INSPECTORS REGISTRATION PROGRAM › Section 170-X-24-.14 - 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 or complaint shall be as follows:
(a) Upon undertaking an investigation of a licensee, the Director shall notify the licensee of investigation and the charges being investigated.
(b) The Director shall designate individuals to serve on an Investigative Committee. This Investigative Committee shall conduct an investigation of the complaint.
(c) At the end of the investigation, the Investigative Committee shall inform the Director as to whether probable cause exists for the Building Commission to initiate formal disciplinary proceedings, or to forward any necessary information to the appropriate governmental authorities. No member of the Investigative Committee, or any other individual associated with the investigation, shall in any way communicate any information to the Director concerning the facts, merits or substance of the investigation. If the Investigative Committee determines upon its investigation that no probable cause exists, the proceedings will terminate.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-24 - ALABAMA HOME INSPECTORS REGISTRATION PROGRAM › Section 170-X-24-.15 - 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.
Author:
Kippy Tate
Statutory Authority:
Code of Ala. 1975
, §§
										34-14B-1, et seq.; 41-9-140, et seq.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-24 - ALABAMA HOME INSPECTORS REGISTRATION PROGRAM › Section 170-X-24-.16 - 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 30 days after either the hearing is concluded, if conducted by the Director, or the Director's receipt of the hearing officer's report, if the hearing was conducted by a hearing officer. 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 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-24 - ALABAMA HOME INSPECTORS REGISTRATION PROGRAM › Section 170-X-24-.17 - 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 Building Commission;
(c) Upon a finding that any of the insurance coverages required in Rule 170-X-24-.05 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 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-24 - ALABAMA HOME INSPECTORS REGISTRATION PROGRAM › Section 170-X-24-.18 - 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.
Author:
Kippy Tate
Statutory Authority:
Code of Ala. 1975
, §§
										34-14B-1, et seq.; 41-9-140, et seq.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-24 - ALABAMA HOME INSPECTORS REGISTRATION PROGRAM › Section 170-X-24-.19 - 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.
Author:
Kippy Tate
Statutory Authority:
Code of Ala. 1975
, §§
										34-14B-1, et seq.; 41-9-140, et seq.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-24 - ALABAMA HOME INSPECTORS REGISTRATION PROGRAM › Section 170-X-24-.20 - 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 Building Commission, 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.
Author:
Kippy Tate
Statutory Authority:
Code of Ala. 1975
, §§
										34-14B-1, et seq.; 41-9-140, et seq.
Alabama Administrative Code › Title 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-25 - STANDARDS OF PRACTICE AND CODE OF ETHICS › Section 170-X-25-.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 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-25 - STANDARDS OF PRACTICE AND CODE OF ETHICS › Section 170-X-25-.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 170 - STATE OF ALABAMA BUILDING COMMISSION › Chapter 170-X-25 - STANDARDS OF PRACTICE AND CODE OF ETHICS › Section 170-X-25-.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 185 - ALABAMA CHILD ABUSE AND NEGLECT PREVENTION BOARD › Chapter 185-X-1 - ORGANIZATION › Section 185-X-1-.01 - Name And Authority

Current through Register Vol. 42, No. 9, June 28, 2024
The Child Abuse and Neglect Prevention Act,
Code of Ala. 1975
, §§
								26-16-1,
et
seq
., sets forth the authority for the creation and promulgation of this autonomous state agency to be known hereafter as the State Child Abuse and Neglect Prevention Board.
Author:
Mark N. Chambless
Statutory Authority:
Code of Ala. 1975
, §§
										26-16-1,
et seq
.
Alabama Administrative Code › Title 185 - ALABAMA CHILD ABUSE AND NEGLECT PREVENTION BOARD › Chapter 185-X-1 - ORGANIZATION › Section 185-X-1-.02 - Purpose Of The Board

Current through Register Vol. 42, No. 9, June 28, 2024
The Child Abuse and Neglect Prevention Act,
Code of Ala. 1975
, §§
								26-16-1,
et
seq
., creates the Child Abuse and Neglect Prevention Board (hereinafter referred to as the Board) which shall exercise those duties and responsibilities as set forth in
Code of Ala. 1975
, §§
								26-16-1,
et
seq
., and in these administrative rules and regulations for the purpose of preventing child abuse and neglect throughout the State of Alabama.
Author:
Mark N. Chambless
Statutory Authority:
Code of Ala. 1975
, §
										26-16-4.
Alabama Administrative Code › Title 185 - ALABAMA CHILD ABUSE AND NEGLECT PREVENTION BOARD › Chapter 185-X-1 - ORGANIZATION › Section 185-X-1-.03 - Composition Of The Board

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board shall be composed of fourteen members:
(a) The Commissioner of the State Department of Human Resources, State Mental Health Officer, State Health Officer, State Superintendent of Education and the Director of Department of Public Safety, or their designees.
(b) Nine public members appointed by the Governor, one from each of the seven congressional districts into which the state is divided for the purpose of electing representatives in the U.S. Congress, and two from the state at large. As a group, the public members shall demonstrate knowledge in the area of child abuse and neglect prevention; shall be representative of the demographic composition of this state; and, to the extent practicable, shall be representative of all of the following categories: organized labor, the business community, the religious community, the legal community, professional providers of child abuse and neglect prevention services, and volunteers in child abuse and neglect prevention services.
Alabama Administrative Code › Title 185 - ALABAMA CHILD ABUSE AND NEGLECT PREVENTION BOARD › Chapter 185-X-1 - ORGANIZATION › Section 185-X-1-.04 - Officers Of The Board

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Governor shall designate a chairperson of the Board from among the public members, which chairperson shall serve in that position at the pleasure of the Governor.
(2) The State Board may elect other officers but shall elect a vice-chairperson and a secretary.
(3) A vacancy occurring in the office of the chairperson shall be filled by the vice-chairperson until such time as the Governor designates a new chairperson.
(4) A vacancy occurring in the office of the vice-chairperson or secretary shall be filled by the Board at the first meeting held after the vacancy occurs.
(5) The duties of the officers shall be as follows:
(a) The chairperson shall preside at meetings of the Board, appoint members to serve on committees as may be created and serve as ex officio member of all committees. The chairperson shall assist with the preparation of the agenda for the meetings of the Board.
(b) The vice-chairperson shall preside in the absence of the chairperson and shall assume the duties of the chairperson when necessary.
(c) The secretary shall be responsible for the minutes of the meetings and shall assume other duties at the direction of the chairperson.
Author:
Mark N. Chambless
Alabama Administrative Code › Title 185 - ALABAMA CHILD ABUSE AND NEGLECT PREVENTION BOARD › Chapter 185-X-1 - ORGANIZATION › Section 185-X-1-.05 - Meeting Of The Board

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A minimum of two regular public meetings shall be held each year.
(2) Special meetings may be called at the request of the chairperson or upon the written request of three members of the Board to the chairperson. All members of the Board shall receive notice of special meetings at least three days in advance and such notice shall designate the purpose or purposes of the meeting.
(3) All regular meetings of the Board shall be open and public and held in full compliance with
Code of Ala. 1975
, §
								13A-14-2.
(4) A majority of the members of the Board, including at least one officer, shall constitute a quorum at any meeting.
(5) A majority vote of those members present and voting constituting a quorum is needed for official action. There shall be no voting by proxy. Alternates for any member, excluding designees authorized by Rule 185-X-1-.03(1)(a), shall not be allowed.
(6) One meeting shall be designated as the annual meeting for the election of officers, and for the review of bylaws.
(7) Proceedings of the Board shall be governed by Robert's Rules of Order, Newly Revised, except as otherwise specified in the bylaws or statutes governing the Board.
(8) The executive director with the advice and consent of the chairperson shall prepare an agenda for the regular scheduled Board meeting.
(9) The proposed agenda for the regular scheduled meeting shall be mailed to each member at least ten calendar days prior to the meeting. Any member who wishes to have a special item on the agenda for a Board meeting shall notify the chairperson at least fourteen days prior to the scheduled meeting. The agenda for each scheduled meeting of the Board shall include a designated time for public comments, comments by the Board members or other business.
(10) The secretary under the direction and supervision of the executive director shall keep minutes of all meetings of the Board. The minutes of the Board meetings shall reflect the date, time, place, members present, members absent, any decisions made at a meeting open to the public and the purpose or purposes for which a closed session is held. The minutes shall include all roll call votes taken at the meeting.
(11) Proposed minutes shall be available for public inspection and shall be mailed to each Board member not more than eight business days after the meeting to which the minutes refer. Approved minutes shall be available for public inspection not later than five business days after the meeting at which the minutes are approved by the Board.
Author:
Mark N. Chambless
Statutory Authority:
Code of Ala. 1975
, §
										26-16-5.
Alabama Administrative Code › Title 185 - ALABAMA CHILD ABUSE AND NEGLECT PREVENTION BOARD › Chapter 185-X-1 - ORGANIZATION › Section 185-X-1-.06 - Powers And Duties Of The Board

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Adopt and revise rules and regulations necessary to carry out the Child Abuse and Neglect Prevention Act.
(2) Set the salary of the executive director.
(3) Approve the number of staff members.
(4) Conduct meetings in accordance with
Code of Ala. 1975
, §
								26-16-5(a), and those other requirements set forth in Rule 185-X-1-.05.
(5) Develop and adopt a plan for the distribution of funds from the trust fund.
(6) Develop and publicize criteria for the application for and receipt of trust fund money.
(7) Review, approve and monitor the expenditure of trust fund money.
(8) Provide for the coordination and exchange of information on the establishment and maintenance of local councils and prevention programs.
(9) Provide statewide education and public informational seminars for the purpose of developing public awareness regarding the problems of child abuse and neglect.
(10) To encourage professional persons and groups to recognize and deal with problems of child abuse and neglect.
(11) To make information on child abuse and neglect available to the public, organizations and agencies which deal with problems of child abuse and neglect.
(12) To encourage the development of community prevention programs.
(13) To establish a procedure for the annual, internal evaluation of the functions, responsibilities and performance of the State Board.
(14) Accept federal funds, state funds, gifts, grants and all other monies donated upon the terms and conditions set forth in
Code of Ala. 1975
, §§
								26-16-30,
et
seq
.
(15) Perform such other duties, not inconsistent with law, as required by this Act.
History:
Mark N. Chambless
Statutory Authority:
Code of Ala. 1975
, §§
										26-16-1,
et seq
.
Alabama Administrative Code › Title 185 - ALABAMA CHILD ABUSE AND NEGLECT PREVENTION BOARD › Chapter 185-X-1 - ORGANIZATION › Section 185-X-1-.07 - Committees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board shall have the right to form committees to carry out its functions and duties and shall have the following permanent standing committees:
(a) Public Relations;
(b) Program;
(c) Personnel;
(d) Legislative, Study/Bylaws, and Alabama Administrative Procedure Act;
(e) Finance.
Alabama Administrative Code › Title 185 - ALABAMA CHILD ABUSE AND NEGLECT PREVENTION BOARD › Chapter 185-X-1 - ORGANIZATION › Section 185-X-1-.08 - Personnel

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board shall submit to the Governor a list of individuals recommended to fill the position of executive director.
(2) The executive director's salary shall be set by the Board but said salary shall not exceed seventy-five percent of the amount set as the standard compensation for cabinet level officials of the state. The executive director shall not be a member of the State Classified Civil Service.
(3) The Board shall set the number of staff members to be hired by the executive director and shall formulate a job description for each staff member.
(4) Administrative costs and the actual and necessary operating expenses of the Board and the trust fund shall be kept at a minimum in furtherance of the primary purpose of the trust fund which is to disburse money to fund private, nonprofit or public organizations in the development and operation of a child abuse and neglect prevention program.
Author:
Mark N. Chambless
Statutory Authority
:
Code of Ala. 1975
, §§
										26-16-3, 26-16-6(2), 26-16-9.
Alabama Administrative Code › Title 185 - ALABAMA CHILD ABUSE AND NEGLECT PREVENTION BOARD › Chapter 185-X-2 - DEFINITIONS › Section 185-X-2-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
The Board hereby adopts by reference as its rule
Code of Ala. 1975
, §
								26-16-2.
Author:
Mark N. Chambless
Statutory Authority:
Code of Ala. 1975
, §§
										26-16-2, 26-16-11.
Alabama Administrative Code › Title 185 - ALABAMA CHILD ABUSE AND NEGLECT PREVENTION BOARD › Chapter 185-X-3 - MANAGEMENT OF THE TRUST FUND › Section 185-X-3-.01 - Name And Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The Children's Trust Fund is created for the primary purpose of encouraging the direct provision of services to prevent child abuse and neglect.
Author:
Mark N. Chambless
Statutory Authority:
Code of Ala. 1975
, §
										26-16-30(a).
Alabama Administrative Code › Title 185 - ALABAMA CHILD ABUSE AND NEGLECT PREVENTION BOARD › Chapter 185-X-3 - MANAGEMENT OF THE TRUST FUND › Section 185-X-3-.02 - Receipt Of Funds

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Funds shall be received through the State Income Tax Refund Designation program as set forth in
Code of Ala. 1975
, §
								26-16-31.
(2) The Board shall accept funds, appropriations, grants and any other source of monies donated to the Children's Trust Fund.
Author:
Mark N. Chambless
Statutory Authority:
Code of Ala. 1975
, §§
										26-16-8, 26-16-31.
Alabama Administrative Code › Title 185 - ALABAMA CHILD ABUSE AND NEGLECT PREVENTION BOARD › Chapter 185-X-3 - MANAGEMENT OF THE TRUST FUND › Section 185-X-3-.03 - Deposit Of Funds

Current through Register Vol. 42, No. 9, June 28, 2024
All funds received from whatsoever source shall be deposited into the general fund of the State Treasury and credited to the Children's Trust Fund.
Author:
Mark N. Chambless
Statutory Authority:
Code of Ala. 1975
, §
										26-16-32.
Alabama Administrative Code › Title 185 - ALABAMA CHILD ABUSE AND NEGLECT PREVENTION BOARD › Chapter 185-X-3 - MANAGEMENT OF THE TRUST FUND › Section 185-X-3-.04 - Access To And Control Of The Children's Trust Fund

Current through Register Vol. 42, No. 9, June 28, 2024
All funds contained in the Children's Trust Fund shall be continuously appropriated to the Board. The Board shall have access to and control of the monies in said fund.
Author:
Mark N. Chambless
Statutory Authority:
Code of Ala. 1975
, §
										26-16-32.