Alabama Administrative Code Title 465 - HOME BUILDERS LICENSURE BOARD
The Alabama Administrative Code, Title 465, is dedicated to the Alabama Home Builders Licensure Board. This Board is a crucial state regulatory body established to regulate the residential home building and residential construction industry in Alabama. Its primary mission is to safeguard the public's health, safety, and welfare by licensing and overseeing individuals and companies involved in residential construction and remodeling.
The Board's jurisdiction generally covers residential construction and remodeling projects where the cost exceeds a certain threshold (e.g., $10,000 for general residential construction and $2,500 for residential roofing projects).
Key Areas of Regulation under Title 465:
The rules under Title 465 cover a comprehensive range of topics for the licensure, conduct, and oversight of home builders and roofers. These are typically organized into various chapters (e.g., 465-X-1, 465-X-2, etc.).
Here's a breakdown of the common areas of regulation:
Chapter 465-X-1 - General Provisions:
Outlines the Board's purpose, legal authority, and definitions of terms used throughout the regulations (e.g., "residential home builder," "home building," "contractor," "designated qualifying representative").
Specifies that individuals or entities engaging in residential construction (as defined) must be licensed.
Chapter 465-X-2 - Organization, Administration, and Procedure:
Describes the Board's organizational structure, its officers, and the role of the Executive Director.
Details procedures for Board meetings, voting, and maintaining a roster of licensees.
Includes rules for declaratory rulings and advisory opinions (guidance from the Board on specific situations).
Chapter 465-X-3 - Licenses: This is a core chapter detailing the requirements for obtaining various types of licenses.
Types of Licenses: The Board issues different types of licenses, commonly including:
Unlimited License: For larger or more complex residential projects.
Limited License: For projects of a more restricted scope (e.g., single trade, not affecting structural integrity).
Roofer's License: Specifically for residential roofing projects exceeding $2,500.
Application Requirements: Details the application process, including:
Examinations: Requires applicants for Unlimited Licenses to pass two exams: a Business and Law exam and a Residential Construction Skills exam. For Limited or Roofer's licenses, municipal/county licenses may suffice, or specific exams apply.
Experience and Ability: Applicants must satisfy the Board of their experience and ability to engage in residential home building. Military education and training may count towards this.
Financial Responsibility: Proof of financial responsibility, often via a credit report for Unlimited/Limited licenses or a bond for Roofer's licenses.
Business Entity Requirements: Specific requirements for corporations, LLCs, and partnerships, including designated qualifying representatives (DQRs).
Designated Qualifying Representative (DQR): Rules concerning the individual who passes the licensing exams for a company. Recent changes include requirements for submitting hardship waivers and fees if a DQR departs.
License Renewal: Procedures for annual license renewal.
Replacement Licenses: Fees and procedures for replacing lost, stolen, or damaged licenses.
Chapter 465-X-4 - Fees:
Lists all fees associated with applications, examinations, initial licenses, renewals, changes to DQRs, and other services. The Board can adjust fees as needed to cover operational costs.
Chapter 465-X-5 - Continuing Education:
Mandatory continuing education (CE) requirements for licensees and/or their designated qualifying representatives. As of recent changes, the $50 late fee for failing to complete CE by November 30th is no longer required, but CE is still mandatory for renewal.
Specifies how CE hours are obtained and reported. Non-traditional CE course credit may be sought.
Chapter 465-X-6 - General Conduct of Licensees: This is a critical chapter for consumer protection.
Advertising: Requirements for licensees to display their valid license number in advertising and contracts.
Contracts: Rules regarding the clarity and content of contracts.
Workmanship Standards: In cities/counties without an adopted residential building code, the Board applies the 2015 International Residential Building Code (IRC) for investigations involving contracts entered into on or after February 13, 2022. In areas with adopted codes, the local code applies.
Prohibited Acts/Unprofessional Conduct: Defines actions that can lead to disciplinary action, such as abandonment of a project, deviation from plans, violations of building codes, failure to obtain permits, misrepresentation, or gross negligence.
Disclosures: Obligations for builders to make certain disclosures to consumers.
Record Keeping: Requirements for maintaining records related to construction projects.
Chapter 465-X-7 - Investigations, Hearings, and Disciplinary Actions:
Outlines the process for the Board to receive and investigate complaints against licensees.
Procedures for administrative hearings.
The range of disciplinary actions the Board can take, including fines, suspension, revocation of licenses, or administrative resolutions. Violations can also lead to criminal penalties (Class A misdemeanor for unlicensed building, with subsequent offenses potentially being a Class C felony).
Powers and Duties of the Alabama Home Builders Licensure Board:
As outlined in the Alabama Code and administrative rules, the Board's powers and duties include:
Granting, denying, suspending, and revoking licenses.
Establishing and enforcing standards for residential home building and remodeling.
Administering examinations for licensure.
Promulgating administrative rules to implement the Home Builders Licensure Law.
Investigating complaints from the public regarding unlicensed activity or violations by licensees.
Promoting education and support for associated construction trades.
Administering a Homeowners' Recovery Fund (established by statute, funded by fees) to provide restitution to homeowners who suffer financial loss due to licensed builders' actions.
Assisting in criminal prosecutions against unlicensed builders or for home repair fraud.
How to Access Alabama Administrative Code, Title 465:
The most authoritative and up-to-date sources for the Alabama Administrative Code are:
Alabama Legislative Services Agency - Administrative Code: This is the official online portal for the Alabama Administrative Code.
Website: https://admincode.legislature.state.al.us/administrative-code/
From the agency list, select "465 - Home Builders Licensure Board". This will provide access to all the chapters.
Alabama Home Builders Licensure Board Official Website: The Board's official website is an excellent and often the most current resource, providing direct links to their rules and regulations, application forms, continuing education details, legal information, and consumer complaint procedures.
Website: https://hblb.alabama.gov/administrative-rules-and-regulations/ (This page specifically links to the full administrative code document).
Legal Information Institute (LII) at Cornell Law School / Justia: These legal research websites also compile and provide access to state administrative codes.
LII: https://www.law.cornell.edu/regulations/alabama/title-465
Justia: https://regulations.justia.com/states/alabama/title-465/
Key Considerations:
Official Source: Always rely on the Alabama Legislative Services Agency website and the Board's official website for the most accurate and current version of the rules.
Updates: Administrative rules are subject to frequent change. Always ensure you are checking the latest effective dates, especially concerning licensing, continuing education, and building code applications.
Statutory Basis: These administrative rules implement the broader Code of Alabama, Title 34, Chapter 14A (Home Builders Licensure Act). The statutes provide the legal framework, and the administrative rules fill in the operational details.
Consumer Protection: The core focus of these regulations is to ensure that residential construction services are provided by qualified, ethical, and financially responsible professionals, thereby protecting homeowners.
Specific Questions: For any specific legal interpretations or advice regarding licensure, compliance, or disciplinary actions, it is strongly recommended to consult with a legal professional or contact the Alabama Home Builders Licensure Board directly.
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