Alabama Administrative Code Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS
Here’s a comprehensive overview of Title 440 – Alabama Board of Heating, Air Conditioning and Refrigeration Contractors in the Alabama Administrative Code:
📘 Organizational Structure
Title 440 is structured into six chapters:
440‑X‑1 – Definitions
440‑X‑2 – Organization & Administrative Procedures
440‑X‑3 – Licensing & Fees
440‑X‑4 – Education & Continuing Education
440‑X‑5 – Minimum Standards for Installation/Service/Repair
440‑X‑6 – Disciplinary & Compliance Proceedings (regulations.justia.com)
🔑 Highlights by Chapter
1. Definitions (440‑X‑1)
Clarifies terms like “certified contractor,” “inactive contractor,” “bond,” “person,” and “minimum standards.”
An inactive contractor may retain status by paying half the fee but cannot perform or bid on work until reactivated (law.cornell.edu).
2. Organization & Administrative Procedures (440‑X‑2)
Board members are appointed by state leaders, meet quarterly (at least), and board meetings require public notice and quorum rules.
The board can publish annual lists of certified contractors and issue advisory opinions (hacr.alabama.gov).
3. Licensing & Fees (440‑X‑3)
Licensure requirements: applicants must pass examination or qualify via reciprocity, and provide a $20,000 performance bond (hacr.alabama.gov).
Renewal deadlines: licenses lapse Dec 31, late fees apply, expired >365 days requires retest .
Includes provisions for background checks, military/spouse waivers, duct air tightness registration, and handling losses/deaths/incapacity of responsible contractors (law.cornell.edu).
4. Education & Continuing Education (440‑X‑4)
Board sets annual continuing education requirements (typically 4+ hours), allows carryover of hours, and handles waiver or deficiency plans.
Standards for approved providers/instructors are defined (hacr.alabama.gov, casetext.com).
5. Minimum Standards (440‑X‑5)
Establishes standards for HVAC installation, service, and repair across residential, commercial, and refrigeration systems.
Requires adherence to nationally recognized guidelines (e.g., ACCA Manuals J/D/N/Q, International Residential and Mechanical Codes, NFPA 70, ASHRAE 15‑2019, SMACNA, NAIMA, ADC flex duct standards, etc.) (regulations.justia.com).
Contractors must display certification number and business name prominently (casetext.com).
6. Disciplinary & Compliance (440‑X‑6)
The board can investigate violations, reprimand, fine (up to $2000 per violation), suspend, revoke licenses, and issue cease-and-desist orders.
Formal complaint and hearing procedures align with state administrative law (hacr.alabama.gov, admincode.legislature.state.al.us).
📚 Statutory Basis & Recent Amendments
Authority under Code of Ala. § 34‑31‑18 et seq.
Recent rule updates: 2022‑2024 (e.g., Forms of Licensing amended in Aug 2024 effective Oct 15 2024) (hacr.alabama.gov).
✅ How to Access the Full Text
Justia provides chap-by-chapter text for Title 440 (regulations.justia.com).
Alabama Legislature’s official Administrative Code portal (admincode.legislature.state.al.us) hosts the raw rules (admincode.legislature.state.al.us).
A 2024 PDF compilation is also available via the Board’s website (hacr.alabama.gov).
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