Section 34-14A-1 Legislative intent. In the interest of the public health, safety, welfare, and consumer protection and to regulate the home building and private residence construction industry, the purpose of this chapter, and the intent of the Legislature in passing it, is to provide for the licensure of those persons who engage in home building, […]
Section 34-14A-10 Annual report of board. The board shall annually submit to the Governor a report of its transactions for the preceding year. The board shall file with the Secretary of State a copy of the report submitted to the Governor. (Acts 1992, No. 92-608, p. 1282, §10.)
Section 34-14A-11 Promulgation of rules and regulations; mailings. (a) The board is authorized to promulgate rules and regulations necessary to effectuate the provisions of this chapter and accomplish its work. The rule-making powers of the board are subject to the Alabama Administrative Procedure Act as codified in Chapter 22 of Title 41. (b) For the […]
Section 34-14A-12 Standards of practice; building laws and codes. (a) The board may establish or adopt residential building codes and standards of practice for residential home builders within the state. A residential building code or standard of practice adopted or established by the board does not supersede or otherwise exempt residential home builders from a […]
Section 34-14A-13 Issuance of permits. It is the duty of the building official, or other authority charged with the duty, of issuing building or similar permits, of any incorporated municipality or subdivision of the municipality or county, to refuse to issue a permit for any undertaking which would require a license hereunder unless the applicant […]
Section 34-14A-14 Violations; complaint procedures. (a) Except as provided in Section 13A-9-111.1, any person who undertakes or attempts to undertake the business of residential home building without holding a current and valid residential home builders license, issued by the Home Builders Licensure Board, as required by this chapter, or who knowingly presents to, or files […]
Section 34-14A-15 Recovery fund. (a) The board may establish a Homeowners’ Recovery Fund for the purpose of consumer protection, consumer education, and consumer awareness. An aggrieved homeowner may recover actual economic damages, not including interest and court costs, sustained within the state as the direct result of conduct of a licensee in violation of this […]
Section 34-14A-16 Applicability to certain counties. Repealed by Act 2006-105, p. 136, §3, effective May 1, 2006. (Acts 1992, No. 92-608, p. 1282, §16; Act 2002-72, p. 163, §1.)
Section 34-14A-17 Sunset provision. The Home Builders Licensure Board shall be an enumerated board pursuant to Sections 41-20-1 through 41-20-16, and shall be reviewed at the same time as the State Board of Medical Examiners. (Acts 1992, No. 92-608, p. 1282, §17.)
Section 34-14A-18 Acquisition, etc., of real property; property acquisition fund. (a) The board may acquire and hold, in its own name, real property by purchase, gift, lease, lease with the option to purchase, or other lawful means, except eminent domain, which real property is used by the board to carry out its responsibilities. The board […]
Section 34-14A-19 Proof of liability insurance prior to construction. Prior to the commencement of residential home building by a residential home builder, the residential home builder shall disclose in writing to the homeowner whether the residential home builder has obtained and is currently maintaining liability insurance. The written disclosure shall be signed by the residential […]
Section 34-14A-2 Definitions. As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) ADVISORY COUNCIL. The Alabama Construction Trade Advisory Council. (2) BOARD. The Home Builders Licensure Board. (3) COST OF THE UNDERTAKING. The total cost of the materials, labor, supervision, overhead, and profit. […]
Section 34-14A-20 Alabama Construction Trade Academy Fund; Alabama Construction Trade Advisory Council; applications for funding; program guidelines. (a) The Alabama Construction Trade Academy Fund is established in the State Treasury. The fund shall be comprised of federal, state, and private funding through direct budgetary funding and grants for the expansion of construction trade education. To […]
Section 34-14A-3 Home Builders Licensure Board. There is established the Home Builders Licensure Board to regulate the residential home building and residential construction industry and to promote and expend funds for the education and support of associated construction trades. The board shall have nine members who shall be appointed as follows: Three by the Governor, […]
Section 34-14A-4 Officers; meetings; compensation. THIS SECTION WAS AMENDED BY ACT 2021-272 IN THE 2021 REGULAR SESSION, EFFECTIVE JULY 1, 2021. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. (a) Members of the board shall select from its own membership a chair, who shall preside at all meetings of the board unless otherwise […]
Section 34-14A-5 Licenses required; exceptions; fees. (a) (1) All residential home builders shall be required to be licensed by the Home Builders Licensure Board annually. The board may issue more than one type of license. (2) The board may issue licenses that vary in scope of work authorized, including, but not limited to, licenses without […]
Section 34-14A-6 Exemptions. This chapter does not apply to: (1) Any employee of a licensee who does not hold himself or herself out for hire or engage in residential home building, except as such employee of a licensee. (2) An authorized employee of the United States, the State of Alabama, or any municipality, county, or […]
Section 34-14A-7 Applications for issuance or renewal of license; records; inactive license. (a) Any residential home builder who desires to receive a new or renewal license under this chapter shall make and file with the board 30 days prior to the next meeting of the board a written application on a form prescribed by the […]
Section 34-14A-8 Revocation, etc., of license; consumer complaint; hearing; appeal; reissuance; fines. (a) The board may levy and collect administrative fines not to exceed five thousand dollars ($5,000) for each violation or revoke or suspend the license of any licensee who, in the opinion of the board, has committed fraud or deceit in obtaining a […]
Section 34-14A-8.1 Public records; confidential records and closed proceedings; discovery. (a) All administrative complaints, orders to show cause, notices of hearings, and statements of charges, and all amendments thereto, and all orders of the board which are dispositive of the issues raised thereby, shall be public record. (b) All records, reports, documents, photographs, and information […]