§ 34-14A-12 — Standards of Practice; Building Laws and Codes

Alabama § 34-14A-12

• Jurisdiction: Alabama
• Title 34: Professions and Businesses
• Ch. 14A: Home Building and Home Improvement Industries
• Art. 1: Home Builders Licensure Board

Text

(a) The board shall have the sole authority to adopt the following codes:
(1) The Alabama Residential Building Code, which shall apply to all construction and improvements governed by this chapter.
(2) The Alabama Residential Energy Code, which shall apply to all residential construction and improvements.
(b)(1) The Alabama Residential Building Code shall be enforced by local jurisdictions that have permitting and inspection programs for residential construction and improvements that are adhered to by residential home builders. The Alabama Residential Building Code shall not supersede any local residential building code adopted by any county or municipality in effect on January 1, 2027.
(2) The Alabama Residential Energy Code shall be enforced by local jurisdictions that have adopted energy code provisions for residential and commercial construction and improvements. Provisions adopted by local jurisdictions may not exceed those contained within the Alabama Residential Energy Code.
(3) A local building code adopted by any county or municipality after January 1, 2027, shall meet the minimum standards of the Alabama Residential Building Code and the Alabama Residential Energy Code in effect at the time of the local building code adoption. The local building code may amend the standards as local conditions require, but no such adoption or amendment shall exceed the provisions of the Alabama Residential Energy Code unless local conditions or compliance with any federal mandate requires such adoption.
(4) Notwithstanding any other provision of law to the contrary, the Alabama Residential Building Code does not apply to any agricultural building except for any residence contained therein.
(c)(1)
A county commission, by resolution,
may adopt building laws and codes
that
shall apply in the unincorporated areas of the county.
The county commission shall provide a copy of any resolution adopted pursuant to this subsection to the board within 10 business days of adopting the resolution.
(2) A local building law or code adopted pursuant to this subsection may not take effect until 120 days after the resolution was adopted; provided, in the case of an insurance claim requiring work and activities for which a license is required by this chapter, the effective date for the building law or code shall be the date of adoption by the local jurisdiction.
(3)
The building laws and codes of the county commission may be enforced within a municipality’s police jurisdiction outside of the municipality’s corporate limits as provided in Section 11-40-10(b)(2).
The building laws and codes of the county commission may apply within the corporate limits of any municipality
only
with the express consent of the governing body of the municipality.
(4)
The county commission may employ building inspectors to see that its laws or codes are not violated and that the plans and specifications for buildings are not in conflict with the
laws and codes
of the county and may exact fees to be paid by the owners of the property inspected.
(5) The county commission, by resolution, may discontinue its administration and enforcement of the building laws and codes. However, the discontinuation shall not take effect until 120 days after the resolution was adopted. The county commission shall provide a copy of the resolution to the board within 10 business days of adopting the resolution.
(d)
Utilizing the same authority and procedures as municipalities pursuant to Sections 11-53A-20 to 11-53A-26, inclusive, the county commission may condemn buildings, parts of buildings, or structures dangerous to the public and prohibit the use thereof and abate the same as a nuisance.
(e)
The county commissions, municipalities, and other public entities may enter into mutual agreements, compacts, and contracts for the administration and enforcement of their respective building laws and codes.
A county commission or municipality shall provide a copy of the mutual agreement, compact, or contract to the board within 10 business days of its execution.
(f) A county commission or municipality shall provide to the board a copy of any resolution, ordinance, or agreement adopted pursuant to Section 11-40-10(b)(2) within 10 business days of its adoption.
(g) Nothing in this section shall be construed to restrict the power of any county or municipality to adopt and enforce local building laws or codes that either comply with or exceed the minimum standards of the Alabama Residential Building Code; provided the local laws or codes are adopted or amended in accordance with this chapter.

Legislative History

(Acts 1992, No. 92-608, p. 1282, §12; Act 2002-72, p. 163, §1; Act 2006-105, p. 136, §1; Act 2019-482, §1; Act 2024-443, §2.)