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title-170•Alabama Administrative Code, Title 170 — State of Alabama Building Commission
title-170Alabama Admin. Code Title 170RegulationJan 1, 1900
The Alabama Building Commission was created by Act No. 128 of the 1945 regular session of the Alabama Legislature. Act No. 290, also of the 1945 regular session, authorized and directed the Alabama Building Commission to promulgate and enforce a code of minimum building standards for state building and construction, school houses, hotels, and moving picture theaters. Act No. 766 of the 1978 regular session required the Alabama Building Commission to adopt, promulgate and enforce a state building code containing energy conservation measures to be used in all future construction or remodeling of buildings which are constructed with state appropriated funds. These acts are codified in Title 41, Chapter 9, Article 6 of the Code of Ala. 1975.
Author: Stedmann B. McCollough, Director
History
The membership of the Alabama Building Commission consists of the Governor as chairman, the State Health Officer, the Director of Finance, the State Superintendent of Education, four (4) members from the Senate to be elected by that body at each regular session of the Legislature, and four (4) members from the House of Representatives to be elected by that body at each regular session of the Legislature. The Budget Officer of the State Department of Finance serves as the secretary, but is not a member. The Commission maintains a full-time Technical Staff, headed by a Director, through which its policies and duties are carried out.
Author: Stedmann B. McCollough, Director
Authority: Code of Ala. 1975, §§ 41-9-140, 41-9-141.
History
As used in this administrative code the following words and phrases shall have the following meanings, respectively:
(a) Commission: The Alabama Building Commission composed of the Governor, the State Health Officer, the Director of Finance, the State Superintendent of Education, four members from the Senate, and four members from the House of Representatives.
(b) Director: The person appointed by the Commission to serve in the senior administrative position of the Technical Staff.
(c) Manual: Short for the Manual of Procedures of the Alabama Building Commission, which is prepared and published by the Technical Staff to establish procedures to effect compliance with the rules of this administrative code, applicable state laws and regulations, and the policies of the Commission.
(d) Primary Design Professional: The Alabama registered architect, engineer, or architectural or engineering firm under contract with an awarding authority or owner.
(e) State Building Code: The body of building standards published by code writing organizations which has been adopted by the Commission as minimum building standards applicable to state building and construction, schoolhouses, hotels, and moving picture theaters.
(f) Technical Staff: The full-time staff of architects, engineers, administrators, inspectors, support personnel, and contract personnel employed to carry out the policies and duties of the Commission on a daily basis.
Author: Stedmann B. McCollough, Director
History
(1) The Commission has full power and authority to provide for and supervise the planning, design, construction, renovation, and improvement of state buildings, including entering into contracts as necessary to implement this power and authority and to acquire land for the location of state buildings.
(2) The Commission is authorized and empowered to make and adopt all necessary rules, regulations, and plans for its own guidance and for the proper conduct of the duties imposed upon it.
(3) The Commission is authorized and directed to adopt, promulgate, and enforce a state building code and to keep the code updated and consistent with acceptable architectural and engineering practices. The state building code is to include an energy conservation code which shall be applicable to all buildings constructed or remodeled after May 2, 1978, with state appropriated funds or funds from any other instrumentality of the state. The Director shall prepare and offer such training and assistance as the Commission deems necessary in implementing this code.
(4) The Commission is responsible for reviewing plans and specifications for compliance with accessibility standards prescribed by the State Fire Marshal for public buildings and facilities. The Director is authorized to construe and interpret such standards and to adopt and enforce rules and regulations prescribing additional standards prescribed by the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities: State and Local Governments (ADAAG). (See §§ 21-4-5 & 6 for shared authority and responsibility.)
(5) The Commission may appoint and dismiss any officers, employees and agents including competent architectural and technical employees as may be necessary to effectuate its powers and duties. All employees of the commission are subject to the provisions of the merit system.
Author: Stedmann B. McCollough, Director
History
(1) The Commission convenes upon the call of the Governor or at such time or times as the Commission may designate by resolution recorded in its minutes.
(2) The Commission maintains a full-time Technical Staff, headed by a Director, which is charged to:
(a) Evaluate and adopt, through the Director, codes, code revisions, or code supplements as published by code publishing organizations (with modifications) for inclusion in the State Building Code.
(b) Enforce the State Building Code and other regulations through review of proposed construction plans, specifications, contracts and related documents, and inspection of in-progress construction.
(c) Administer and supervise projects assigned to the Commission to ensure compliance with state laws, Commission procedures, and other regulations. Review, approve, and process contracts, changes orders, invoices, and related documents. Monitor in-progress construction so as to keep informed of construction progress and issues and to ensure acceptable building practices and code compliance. In conjunction with the design professional and the awarding authority, the Technical Staff establishes substantial completion of the work.
(d) Prepare and publish a Manual of Procedures which establishes procedures to effect compliance with the rules of this administrative code, applicable state laws and regulations, and the policies of the Commission.
(3) To obtain information from, make submittals to, or make requests of the Commission or its Technical Staff, including requests to adopt, amend, or repeal rules of this administrative code, the public should write to:
Director, Technical Staff
Alabama Building Commission
RSA Plaza, Suite 444
770 Washington Avenue
Montgomery, Alabama 36130
Author: Kippy Tate, Director
History
(1) The minimum building standard codes adopted by reference and enforced by the Alabama Building Commission are all of the following:
(a) 2015 - International Building Code.
(b) 2015 - International Plumbing Code.
(c) 2015 - International Fuel Gas Code.
(d) 2015 - International Mechanical Code.
(e) 2014 - National Electrical Code (NFPA 70).
(f) 2015 - International Fire Code.
(g) ANSI/ASHRAE/IESNA Standard 90.1 - 2013 Energy Standard for Buildings Except Low - Rise Residential Buildings
(h) 2010 - ADA Standards for Accessible Design.
(i) ABC Code Supplements.
(j) 2014 - ICC/NSSA Standard for the Design and Construction of Storm Shelters (ICC 500 - 2014)
(k) 2013 NFPA 72: National Fire Alarm and Signaling Code
(2) The requirements of the 2010 ADA Standards for Accessible Design supersede the handicapped requirements contained in the International Building Code.
History
The Commission adopts by reference, as official "recommendations" rather than as mandated regulations, Chapter 5 of the Architectural and Transportation Barriers Compliance Board (ATBCB) publication; "Recommendations for Accessibility Standards for Children's Environments".
Author: Stedmann B. McCollough, Director
History
The Technical Staff shall publish in the Manual of Procedures the necessary information to obtain copies of the adopted codes and official recommendations.
Author: Stedmann B. McCollough, Director
History
(1) Except as stated in paragraphs (2) and (3), the STATE BUILDING CODE applies only to the following construction in Alabama:
(a) STATE BUILDING and CONSTRUCTION: All buildings and other structures erected or acquired by or in behalf of the State of Alabama or any of its agencies or instrumentalities.
(b) SCHOOLHOUSES: Any building or other structure erected or acquired by the public schools of Alabama and also shall mean any private building in which 25 or more persons are congregated regularly for the purpose of instruction in any branch of knowledge.
(c) HOTELS: Any public inn or lodging house of 15 or more bedrooms, in which transient guests are lodged for pay.
(d) MOVING PICTURE THEATERS: Any building in which moving pictures are featured regularly for charge of admission.
(2) The ALABAMA BUILDING ENERGY CONSERVATION CODE applies only to all buildings constructed or remodeled with state appropriated funds or funds from any other instrumentality of the state.
(3) The Commission's responsibility to review plans and specifications for compliance with handicapped accessibility standards prescribed by the State Fire Marshal applies only to all buildings and facilities used by the public which are constructed in whole or in part by the use of state, county, or municipal funds, or the funds of any political subdivision of the state. (See § 21-4-6 for shared jurisdiction.)
Author: Stedmann B. McCollough, Director
Authority: Code of Ala. 1975, §§ 21-4-4, 41-9-163, 41-9-171.
History
(a) In case of conflict between the State Building Code, local codes, the Life Safety Code enforced by the State Fire Marshal, or other codes, the most stringent requirements shall prevail.
(b) All food preparation facilities, private water systems, and sewage disposal systems shall also meet the requirements of and be approved by the applicable county health department.
Author: Stedmann B. McCollough, Director
History
The compliance of plans and specifications with code requirements, is the responsibility of the primary design professional and the awarding authority and approval of these documents by the Technical Staff does not relieve the primary design professional or the awarding authority of this responsibility.
Author: Stedmann B. McCollough, Director
History
To minimize reoccurring problems on public construction and improvement projects, from time to time the Commission will adopt and publish specific design and construction requirements or recommendations to supplement the State Building Code. The following requirements and recommendations are adopted and bound at the end of this chapter:
(a) ABC Code Supplement No. 1, LABELING OF FIRE DOORS AND FRAMES
Author: Stedmann B. McCollough, Director
History
The plans and specifications for all projects to which the State Building Code applies shall be submitted to the Technical Staff for review and approval. Refer to rule 170-X-2-.04, Applicability of Adopted Codes.
Author: Stedmann B. McCollough, Director
History
(1) The Technical Staff will review the submitted plans and specifications for compliance with the State Building Code. The results of the review will be provided as written review comments to the submitting design professional and project owner. The design professional or owner must respond to, or comply with, comments citing building code violations or obvious non-compliance with applicable laws, regulations, or the Manual of Procedures. Response by the design professional or owner to comments in the form of constructive criticism, suggestions, questions, or recommendations is not mandatory.
(2) Changes made to plans and specifications after final approval shall be submitted to the Technical Staff for review relative to compliance with the State Building Code. Written response by the Technical Staff to these submittals will be made only in cases of violations of building codes or obvious non-compliance with laws and regulations.
(3) The Technical Staff's approval of plans, specifications, change orders, or related materials submitted for public projects does not constitute certification that the documents or project comply with the state's competitive bid laws; the responsibility for this certification rests with the awarding authority and its legal advisor.
Author: Stedmann B. McCollough, Director
History
Submissions of plans and specifications to the Technical Staff shall be made, and final approval obtained, prior to the receipt of bids to insure that the Technical Staff's comments are incorporated into the bid documents.
Author: Stedmann B. McCollough, Director
History
(1) Plans and specifications submitted to the Technical Staff for approval shall be prepared by a full professional team composed of architects and engineers, registered in Alabama, each preparing that phase of the design within his or her field of specialization. Subject to the Director's approval, exceptions may be made where engineering services are of such minor nature as to be considered purely incidental to the architectural services or the architectural services are of such minor nature as to be considered purely incidental to the engineering services.
(2) The specification cover shall bear the Alabama seal of registration of the primary design professional who prepared them or under whose supervision they were prepared.
(3) Architectural drawings shall bear the Alabama seal of registration of the architect who prepared them or under whose supervision they were prepared. Engineering drawings shall bear the Alabama seal of registration of the engineer who prepared them or under whose supervision they were prepared.
Author: Stedmann B. McCollough, Director
History
The plans, specifications, addenda, change orders, and related materials submitted to the Technical Staff for approval shall contain sufficient information to fully describe the work of the project and to fully demonstrate compliance with the State Building Code. Standards for compliance with this rule shall be prescribed in the Manual of Procedures. The Technical Staff is authorized to request additional information if needed to perform their review.
Author: Stedmann B. McCollough, Director
Authority: Code of Ala. 1975, § 41-9-141.
History
Plans, specifications, and related materials shall be submitted to the Technical Staff in accordance with procedures prescribed in the Manual of Procedures and, unless otherwise provided, shall be made in three stages: Schematic Plan Submittal, Preliminary Plan Submittal, and Final Plan Submittal.
Author: Stedmann B. McCollough, Director
History
(1) Schematic and preliminary plans and specifications will be retained by the Technical Staff until receipt or review of the subsequent stage of submittal at which time these documents may be destroyed.
(2) Final or revised final plans and specifications will be retained by the Technical Staff for a period of not less than five (5) years after completion of the project, or a period as may be prescribed by the State Records Commission. At the expiration of this period these documents may be destroyed.
(3) Project documents such as transmittal letters, comment letters, project-related correspondence, contracts, reports, etc., shall be retained by the Technical Staff for a period not less than seven (7) years after completion of the project, or a period as may be prescribed by the State Records Commission. At the expiration of this period these documents may be destroyed.
History
The rules of this chapter apply only to public construction and improvement projects assigned to the Alabama Building Commission by state law for its supervision and administration. Project supervision and administration will be carried out by the Technical Staff who will prepare and publish a Manual of Procedures containing procedures, standard forms, and uniform documents to be used by awarding authorities to effect compliance with this chapter.
Author: Stedmann B. McCollough, Director
History
(1) The awarding authority of a public construction or improvement project shall employ the services of registered architects and engineers in accordance with Title 34, Chapter 2 - Architects and Chapter 11 - Engineers and Land Surveyors, Code of Ala. 1975.
(2) Full Professional Team: The primary design professional shall be required to employ the services of consulting engineers, and consulting architects in the case of an engineering project, so as to provide a full professional team as dictated by the disciplines of architectural and engineering design involved in the project. These consultants shall be identified in the agreement for design professional services and may not be changed without written approval of the awarding authority.
Author: Stedmann B. McCollough, Director
History
(1) The Director is authorized to develop, adopt, and publish in a Manual of Procedures uniform documents and standard forms as the Director deems appropriate for contracting for professional services to design and administer public construction and improvement projects. The terms and conditions of these documents shall effect compliance with state laws and the rules of this administrative code and shall also set forth minimum basic services and standardized terms and conditions applicable to projects typically supervised and administered by the Technical Staff. The Director may revise, repeal, or add to these uniform documents and standard forms as the Director deems necessary to keep them current with acceptable practices of architecture, engineering, construction project delivery, and changes in state law.
(2) The form of agreement for contracting for design professional services shall be the uniform documents and standard forms prescribed by the Director. Copies of these uniform documents and standard forms are contained in the appendix to this administrative code and may be reprinted or altered only as defined in the Manual of Procedures. To meet the needs of a specific project, the minimum basic services and standard terms and conditions may be modified by inserting special provisions in spaces provided in the documents; however, modifications shall be subject to the approval of the Director.
Author: Stedmann B. McCollough, Director
History
The agreement shall stipulate an agreed amount that is budgeted for the cost of the planned construction or improvement work. This amount shall not only establish the project budget, but shall also be the basis for establishing the basic fee to be paid the primary design professional. The project budget may be a fixed, lump sum amount or it may be an amount that is tentative pending development of design and cost estimates by the design professional. If the project budget is tentative, the budgeted amount shall be validated by the design professional or mutually adjusted by the contracting parties prior to advertising the project for bids.
Author: Stedmann B. McCollough, Director
History
(1) The "Basic Fee" to be paid for design professional services is defined as that fee which will be paid to the design professional for providing the basic services as defined in the uniform form of agreement for design professional services published by the Director. If the design professional is to provide services which are in addition to the basic services defined in the uniform agreement, fees in addition to the Basic Fee shall be established in the agreement, or an amendment to the agreement, for such additional services. Such additional fees shall be subject to the Director's approval.
(2) The Basic Fee shall be based upon the budgeted cost of the planned work stipulated in the agreement, but shall not be higher than a fee as determined by the "Schedule of Basic Fee Rates" contained in rule 170-X-4-.10. A higher Basic Fee may be paid only if approved by the Director. A Basic Fee determined by the schedule may be adjusted without the Director's approval for Major Renovation as defined in rule 170-X-4-.06. A lower Basic Fee may be negotiated without the Director's approval when appropriate considering project size, cost, scope, repetition, etc.
(3) If the Basic Fee is to be a percentage rate applied to the cost of the work, the percentage rate shall not be higher than the applicable rate of the "Schedule of Basic Fee Rates" with adjustment for major renovation, if applicable. If the Basic Fee to be paid for basic services is to be a fixed, lump sum amount, that amount shall not be greater than the amount that is the product of multiplying the budgeted cost of the work by the applicable percentage rate of the "Schedule of Basic Fee Rates" with adjustment for major renovation, if applicable.
Author: Stedmann B. McCollough, Director
History
An increase of up to 25% in the basic fee rate will be allowed for major renovation projects. This adjustment is intended to provide compensation to the design professional for the added effort required to investigate and develop drawings of existing conditions and other additional work required for renovation. A project is considered major renovations if more than 50% of the construction cost involves renovations and alterations. The application of this adjustment is negotiable and must be stipulated in the agreement to be effective. In general, reroofing projects are not to be considered as major renovations.
Author: Stedmann B. McCollough, Director
History
(1) The Basic Fee percentage rate determined by the project budget shall be applied to the cost of the work. It is not necessary to change the Basic Fee percentage rate because the amount of the subsequent construction contract as awarded or adjusted for minor change orders falls within a bracket of the schedule that is higher or lower than that of the project budget. If major changes in the project and budget occur during the design or construction phases of the project and warrant an increase or decrease in the Basic Fee rate to provide fair and reasonable compensation, the change must be agreed upon in an amendment to the agreement. "Major Changes" include, but are not limited to, changes in project size, complexity, usage, arrangement, schedule, delivery, or phasing of the construction or improvement work and may or may not result in a major, or significant, change in the cost of the work. A Major Change may warrant adjustment of the Basic Fee rate if the change is requested by the awarding authority and the change requires design, administrative, consultant, or other services materially different from those contemplated by the agreement.
(2) The "Schedule of Basic Fee Rates" of rule 170-X-4-.10 contemplates that the work covered by an agreement will be executed either under one lump sum construction contract or under one lump sum construction contract for sitework and a second lump sum construction contract for building construction. Separation of the work into additional construction contracts may warrant negotiation of a higher rate, the basis of which shall be stated in the agreement or in an amendment to the agreement.
(3) The Basic Fee rate shall apply to the combined cost of all buildings or other work covered by an agreement whether the work is executed under one construction contract or one contract for sitework and a second contract for building construction.
(4) If the work covered by an agreement is so divided that more than one building group is involved, the Basic Fee rate of the appropriate building group may be applied to each building. Division of Basic Fee rates must be stipulated in the agreement.
(5) If the scope of an agreement involves substantial duplication of buildings on the same site, the Basic Fee for all services shall be applicable to the cost of the work for the first building. One-half of the Basic Fee for design services shall be applicable to the cost of the work for the second building which is a substantial duplication of the first. The basic fee for design services for other buildings which are substantial duplications of the first and second buildings shall be negotiated and defined in the agreement, but in no case shall exceed the fee for the first duplication. The fees for contract and construction administration services shall be paid in full for duplicated buildings.
(6) If the scope of an agreement involves substantial duplication of buildings on more than one site, the Basic Fee for all services shall be applicable to the cost of the work of site improvements of each site as well as modifications required to adapt the design of the substantially duplicated building to conditions of the second, third, etc., sites. The Basic Fee for all services shall be applicable to the cost of the work for the first building. One-half of the Basic Fee for design services shall be applicable to the cost of the work for the second building which is a substantial duplication of the first. The basic fee for design services for other buildings which are substantial duplications of the first and second buildings shall be negotiated and defined in the agreement, but in no case shall exceed the fee for the first duplication. The fees for contract and construction administration services shall be paid in full for duplicated buildings
Author: Kippy Tate, Director
History
If the lowest responsible bid received by the awarding authority is greater than the project budget, the design professional will, upon instructions from the awarding authority, make revisions to the plans and specifications as may be necessary to re-bid the project within project budget, or a higher amount as may be authorized by the awarding authority. The design professional shall be reimbursed for revising the plans and specifications where the bid over-run is up to 10% of the project budget. If the bid over-run is greater than 10% of the project budget and (1) the awarding authority has received bids for the work within 90 days after final approval of the plans and specifications and (2) the reason that the over-run exceeds 10% of the project budget is not attributable to a unique or unexpected market condition which the design professional would not have reasonably contemplated in its estimates, the design professional will revise the plans and specifications to conform to the project budget defined in the agreement at no cost to the awarding authority.
Author: Kippy Tate, Director
History
The agreement shall stipulate that under any subsequent owner-architect agreement, the basic fee for any substantial duplication of buildings covered by the original agreement will be paid in accordance with rule 170-X-4-.07 -(4). However, the fee schedule in effect at the date of the subsequent agreement will apply.
Author: Stedmann B. McCollough, Director
History
(1) The "Schedule of Basic Fee Rates" is graduated by project cost and categorized by building groups defined in 170-X-4.10-(2).
COST OF THE WORK FEE IN PERCENTAGE
BUILDING GROUP
I II III IV V
Up to $100,000 8.0 9.0 10.0 11.0 12.0
100,001 to 200,000 7.0 8.0 9.0 10.0 11.0
200,001 to 300,000 6.0 7.0 8.0 9.0 10.0
300,001 to 400,000 5.9 6.9 7.9 8.9 9.9
400,001 to 500,000 5.8 6.8 7.8 8.8 9.8
500,001 to 600,000 5.7 6.7 7.7 8.7 9.7
600,001 to 700,000 5.6 6.6 7.6 8.6 9.6
700,001 to 800,000 5.5 6.5 7.5 8.5 9.5
800,001 to 900,000 5.4 6.4 7.4 8.4 9.4
900,001 to 1,000,000 5.3 6.3 7.3 8.3 9.3
1,000,001 to 1,250,000 5.2 6.2 7.2 8.2 9.2
1,250,001 to 1,500,000 5.1 6.1 7.1 8.1 9.1
1,500,001 to 1,750,000 5.0 6.0 7.0 8.0 9.0
1,750,001 to 2,000,000 4.9 5.9 6.9 7.9 8.9
2,000,001 to 2,500,000 4.8 5.8 6.8 7.8 8.8
2,500,001 to 3,000,000 4.7 5.7 6.7 7.7 8.7
3,000,001 to 3,500,000 4.6 5.6 6.6 7.6 8.6
3,500,001 to 4,000,000 4.5 5.5 6.5 7.5 8.5
4,000,001 to 5,000,000 4.4 5.4 6.4 7.4 8.4
5,000,001 to 6,000,000 4.3 5.3 6.3 7.3 8.3
6,000,001 to 8,000,000 4.2 5.2 6.2 7.2 8.2
8,000,001 to 10,000,000 4.1 5.1 6.1 7.1 8.1
10,000,001 to 12,000,000 4.0 5.0 6.0 7.0 8.0
12,000,001 to 14,000,000 3.9 4.9 5.9 6.9 7.9
14,000,001 to 16,000,000 3.8 4.8 5.8 6.8 7.8
16,000,001 to 18,000,000 3.7 4.7 5.7 6.7 7.7
18,000,001 to 20,000,000 3.6 4.6 5.6 6.6 7.6
20,000,001 to 22,000,000 3.5 4.5 5.5 6.5 7.5
22,000,001 to 24,000,000 3.4 4.4 5.4 6.4 7.4
24,000,001 to 27,000,000 3.3 4.3 5.3 6.3 7.3
27,000,001 to 30,000,000 3.2 4.2 5.2 6.2 7.2
30,000,001 to 33,000,000 3.1 4.1 5.1 6.1 7.1
33,000,001 to 36,000,000 3.0 4.0 5.0 6.0 7.0
36,000,001 to 39,000,000 2.9 3.9 4.9 5.9 6.9
39,000,001 to 42,000,000 2.8 3.8 4.8 5.8 6.8
42,000,001 to 46,000,000 2.7 3.7 4.7 5.7 6.7
46,000,001 to 50,000,000 2.6 3.6 4.6 5.6 6.6
50,000,001 to and over 2.5 3.5 4.5 5.5 6.5
(2) BUILDING GROUPS:
(a) Group I: Industrial buildings without special facilities, parking structures and repetitive garages, simple loft type structures, warehouses exclusive of automated equipment, and other similar utilitarian type buildings.
(b) Group II: Armories, apartments, cold storage facilities, dormitories, exhibition halls, hangers, manufacturing/industrial plants, office buildings without tenant improvements, printing plants, public markets, and service garages.
(c) Group III:
College classroom facilities, convention facilities, correctional and detention facilities, extended care facilities, gymnasiums (simple, prefabricated-pre-engineered, minimum types shall be classified under Group II), hospitals, institutional dining halls, laboratories, libraries, medical schools, medical office facilities and clinics, mental institutions, office buildings with tenant improvements, parks, playground and recreational facilities, police stations, public health centers, research facilities, schools (elementary and secondary), stadiums, and welfare buildings.
Also, central utilities plants, water supply and distribution plants, sewage treatment and underground systems, electrical sub-stations and primary and secondary distribution systems, roads, bridges and major site improvements when performed as independent projects. When any or all of these types of improvements are incidental to an overall plan of architectural development they will be grouped with the basic architectural service of the overall project unless stated otherwise in the agreement.
(d) Group IV: Aquariums, auditoriums, art galleries, college buildings with special facilities, communications buildings, special schools, theaters and similar facilities.
(e) Group V: Residences and specialized decorative buildings unless otherwise stated in the agreement. Custom designed furnishings shall be categorized in Group V except when considered incidental to the basic architectural service for a building.
Author: Stedmann B. McCollough, Director
History
The rules of this chapter apply only to public construction and improvement projects assigned to the Alabama Building Commission by state law for its supervision and administration. Project supervision and administration will be carried out by the Technical Staff who will prepare and publish a Manual of Procedures containing procedures, standard forms, and uniform documents to be used by awarding authorities to effect compliance with this chapter. The rules of this chapter supplement the requirements of such laws as Title 34, Chapter 8-Contractors, Title 39-Public Works, and Title 41, Chapter 16-Public Contracts, Code of Ala. 1975.
Author: Stedmann B. McCollough, Director
History
When the cost of the work exceeds the amount requiring licensing pursuant to Title 34, Chapter 8, Code of Ala. 1975, each bidder must show evidence of this license before bidding or the bid shall not be received or considered. The bidders shall show evidence of license by clearly displaying their current state general contractor's license number on the outside of the envelope in which their proposal is delivered. This requirement shall be included in the advertisements for bids and instructions to bidders.
Author: Stedmann B. McCollough, Director
History
(1) Deductive alternate bids may be used in order to reduce the base bid to an amount within the funds available for the project. Additive alternate bids may be used in order to obtain prices for the addition of items not included in the base bid. The alternate bids shall be listed in the bid documents in the order of priority in which they shall cumulatively deduct from or add to the base bid for determining the lowest responsible and responsive bidder.
(2) After the lowest responsible and responsive bidder has been determined, the awarding authority may accept or reject any alternates provided that the combination of accepted alternates results in the same lowest bidder.
Author: Stedmann B. McCollough, Director
History
Where all, or part(s), of the planned work is bid on a unit price basis, both the unit prices and the extensions of the unit prices constitute a basis of determining the lowest bidder. In cases of error in the extension of prices of bids, the unit price will govern. A proposal may be rejected if any of the unit prices are obviously unbalanced or non-competitive.
Author: Stedmann B. McCollough, Director
History
As a means of predetermining unit costs for changes in certain elements of the work, the project specifications may require that the bidders furnish unit prices for those items. Unit prices for application to changes in the work are not a basis for determining the lowest bidder. Non-competitive unit prices proposed by the lowest bidder may be rejected or negotiated by the awarding authority prior to contract award. Unit prices for application to changes in the work are not effective unless specifically agreed upon in the construction contract.
Author: Stedmann B. McCollough, Director
History
Proposals may be rejected if they contain any omissions, alterations of forms, additions not called for, conditional bids, alternate bids not called for, incomplete bids, erasures, or irregularities of any kind. However, the awarding authority may reject any and all proposals or waive technical errors if, in its judgement, the best interests of the awarding authority will be promoted.
Author: Stedmann B. McCollough, Director
History
In addition to causes for disqualification or rejection of bidders as provided in Title 39, Code of Ala. 1975, the awarding authority may reject a proposal from a bidder who has not paid, or satisfactorily settled, all bills due for labor and material on other contracts in force at the time of letting.
Author: Stedmann B. McCollough, Director
History
After bids have been received, the design professional shall check and tabulate all bids, certifying that the bids were received sealed, publicly opened and read aloud at the time and place advertised, and that it is a true and correct tabulation of all bids received for the project. This tabulation shall be signed by the design professional, notarized, and furnished to the awarding authority and the Technical Staff. If a bid is incomplete, qualified, or bears any condition or irregularity that may affect its responsiveness, the design professional shall note this information on the tabulation.
Author: Stedmann B. McCollough, Director
History
The contract will be awarded to the lowest responsible bidder complying with all established requirements of the bid documents unless the awarding authority finds that the bid is unreasonable or that it is not to the interest of the awarding authority to accept it.
The bidder to whom award is made will be notified by letter to the address shown on the bidder's proposal.
Author: Stedmann B. McCollough, Director
History
A notice to proceed with the work of the contract shall be issued to the contractor by the Director within 15 days after final execution of the contract by the awarding authority unless both parties to the contract agree to a stipulated extension in time for the issuance of a notice to proceed. The notice to proceed shall specify the date on which the work and time of completion stated in the contract are to commence. Before performing any work on the construction site, the contractor shall furnish to the design professional acceptable certification of insurance coverages as required by the contract.
Author: Stedmann B. McCollough, Director
History
(1) The Director is authorized to develop, adopt, and publish in a Manual of Procedures all uniform documents and standard forms as the Director deems appropriate for the contracting for, and administration of, public construction and improvement projects. The terms and conditions of these documents shall effect compliance with state laws and the rules of this administrative code and shall incorporate standardized provisions based upon sound contracting principles within the construction industry and compatibility with operational and budgetary restraints of government. The Director shall revise, repeal, or add to these uniform documents and standard forms as the Director deems necessary to keep them abreast with current practices in construction contracting, construction project delivery, and changes in state law.
(2) The form of agreement for the contracting for, and administration of, public construction and improvement projects shall be the uniform documents and standard forms prescribed by the Director. The uniform documents will consist of a construction contract, bonds, instructions to bidders, general conditions, and forms for administration of the contract. Copies of these uniform documents and standard forms are contained in the appendix to this administrative code and are to be included in the project specifications. These uniform documents and standard forms may be reprinted or altered only as defined in the Manual of Procedures. The terms and conditions of the uniform documents may be modified by supplemental terms and conditions to accommodate requirements of a project's funding source, regulations of the awarding authority, or project-specific conditions; however, these modifications shall be subject to the approval of the Director.
Author: Stedmann B. McCollough, Director
History
The uniform documents and standard forms published in the Manual of Procedures may be used for projects that are not supervised and administered by the Technical Staff; however, provisions for decisions, approvals, or other actions by the Director or Technical Staff shall be deleted from the documents and forms unless otherwise agreed in writing by the Director.
Author: Stedmann B. McCollough, Director
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The following procedures and user fees are applicable to new construction, additions or alteration projects for buildings under the jurisdiction of the Alabama Building Commission as defined by the Code of Ala. 1975, Title 41, Section 41-9-162 and authorized by Sections 41-9-141(a)(8) and 41-9-142(b). These rules apply to projects having the first or final project submittal received for review by the Building Commission on or after October 1, 2014 and projects bid after October 1, 2014. Projects reviewed prior to October 1, 2014 but bid after October 1, 2014 shall only be required to pay the permit fee. The contract document administration fee shall apply to contract documents requiring the Building Commission's approval submitted for approval after October 1, 2014.
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| 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.
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(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.
(3) Permit Fee: Upon approval of the construction contract and prior to scheduling the Pre-Construction conference to be performed by the Building Commission Inspector, payment shall be due immediately for the total permit fee. The following conditions apply:
(a) The Pre-Construction conference will not be performed prior to receipt of the Permit Fee.
(4) Reviews and Inspections Covered by Fees: The Final Submittal Approval Fee shall include review of schematic, preliminary, final and one revised final submittals. The Permit Fee shall include the following building inspections: Pre-Construction Conference, Pre-Roofing Conference, Above-Ceiling Inspection, Final Inspection and Year-End Inspection. Additional required inspections such as fire alarm inspections, kitchen hood inspections, elevator inspections and other such inspections shall be included as part of the Permit Fee.
(5) Additional Fees:
(a) If more than one revised final submittal is required, an additional fee shall be required for each additional revised final submittal. The additional fee shall be equal to the lesser of the following: 15% of the total fee or $2000. The time restrictions and conditions which apply to routine submittals shall apply to additional submittals.
(b) If the contractor schedules an inspection and it is determined by the Building Commission Inspector on site that the contractor is not ready for the scheduled inspection, the Building Commission shall require an additional fee of $1500. The additional inspection fee shall be applied to each additional inspection that is required to be rescheduled.
(c) If additional drawings for change orders or addendum are submitted after approval as part of a larger project, the additional fees shall be assessed at the completion of the contract based on the actual construction contract cost.
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(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.
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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.
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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.
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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.
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(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
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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
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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
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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
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(1) In order to receive a license, a Home Inspector must successfully complete the following actions:
(a) File an accurate, complete, timely, and notarized application for license with the Director, along with the appropriate fee.
(b) Obtain bodily injury and property damage liability insurance covering the applicant's home inspection operations in the sum of not less than $20,000 for injury or damage to property; $50,000 for injury or damage, including death, to any one person; $100,000 for injury or damage, including death, to more than one person; and $250,000 of errors and omissions coverage.
(c) Provide evidence of one of the following professional qualifications:
American Society of Home Inspectors, Inc. (ASHI), 932 Lee Street, Suite 101, Des Plaines, IL 60016
Housing Inspection Foundation, dba The Association of Home Inspectors, 1224 North Nokimis, N.E., Alexandria, MN. 56308.
Home Inspection Institute, 4007 LaCrosse Avenue, Cincinnati, OH 45227.
National Association of Home Inspectors, Inc., 4248 Park Glen Road, Minneapolis, MN 55416.
National Institute of Building Inspectors (NIBI), 424 Vosseller Avenue, Bound Brook, NJ 08805.
American Inspectors Society, P.O. Box 702, Stone Mountain, GA 30086.
Home Inspection Institute of America, P.O. Box 4174, Yalesville, CT 06492-1524.
Inspection Depot, 7700 Square Lake Blvd., Bldg. 2, Jacksonville, FL 32256.
Advantage Systems ASP, LLC, P.O. Box 3917, Greenville, SC 29608.
Inspection Technology Institute, 849 N. Ellsworth St., Naperville, IL 60563.
International Society of Home Inspectors, 141 Robert E. Lee Blvd. -- 50, New Orleans, LA 70124.
Approval or certification by one of the following agencies to inspect residential construction: The United States Veterans Administration, United States Department of Housing and Urban Development, the Southern Building Code Congress International, or the Council of American Building Officials.
A high school diploma or its equivalent, work experience for at least one year as a home inspector, and completion of at least 100 home inspections for compensation.
Alabama licensure on or after January 1, 1998, as a general contractor, registered professional architect, registered professional engineer, or residential home builder. Renewals of home inspector licensure previously supported by evidence of an acceptable professional license shall not require the applicant to repeat proof of such professional licensing.
(d) Complete a written examination demonstrating to the Building Commission that the applicant possesses an appropriate understanding of the Standards of Practice (Rule 170-X-25-.01) and the Code of Ethics (Rule 170-X-25-.02) promulgated by the Building Commission and a written examination demonstrating adequate knowledge of performing home inspections. The written examination for Home Inspectors to demonstrate appropriate understanding of the Standards of Practice and Code of Ethics will be the American Society of Home Inspectors Standards and Ethics Examination. The written examination demonstrating adequate knowledge of performing home inspections will be the Examination Board of Professional Home Inspectors National Home Inspectors Examination. Applicants shall pay any and all fees associated with testing directly to the organizations conducting the testing. Applicants must present with their application, original or duplicate test score reports demonstrating that the applicant has passed both tests within ninety (90) days of submitting the application.
(2) In order to receive a license, an EIFS Inspector must meet the same qualifications as a Home Inspector except applicants for licensure as an EIFS Inspector need not obtain the insurance referred to in subsection (1)(b) above, provide evidence of one of the professional qualifications referenced in subsection (1)(c) above or sit for the written examination specified by the Building Commission. An EIFS Inspector shall comply with the Standards of Practice and Code of Ethics promulgated at Rules 170-X-25-.03 and .04. In addition, an EIFS Inspector must, at the time of application, be a member of and adhere to the ethical standards of one of the following professional bodies:
Exterior Design Institute, 1531 Early Street, Norfolk, VA 23502.
Association of the Wall and Ceiling Industry, 803 Broad Street, Suite 600, Falls Church, VA 22046.
Author: Kippy Tate
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(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
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(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
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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
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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
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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
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A fee of $300 shall accompany every application for licensure or application for the renewal of a license.
Author: Kippy Tate
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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
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(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
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(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.
(2) In the event the Investigative Committee determines that probable cause exists to initiate formal disciplinary proceedings, the Investigative Committee shall so notify the Director. The Director shall thereafter schedule a proposed hearing date to be held within three months from the Director's receipt of the Investigative Committee's report.
(3) Notice shall be mailed certified mail, return receipt requested, to the most recent address of the licensee on file with the Building Commission. In the event the notice is refused or the return receipt has not been received by the Building Commission at least 10 days before the proposed hearing date, the licensee may be served by mailing a copy of the notice first class mail at least seven days before the proposed hearing date. The notice shall include a notice of the proposed hearing date and the respondent's opportunity to request that the hearing be conducted. The notice shall otherwise substantially comply with Code of Ala. 1975, § 41-22-12(b).
(4) A respondent may request in writing that the hearing be conducted. The request shall be submitted to the Director within 15 calendar days of the date of receipt of notice. Failure to request a hearing within the above time frame shall constitute a waiver of the opportunity for a hearing and shall cause the matter to be submitted to the Director for final action. Should the respondent request a hearing, the date of the hearing will be the proposed date established pursuant to subsection (2) above. Disciplinary Hearings will be conducted as described in Chapter 170-X-24-.16.
(5) Nothing contained herein shall be deemed to prohibit the informal disposition of any matter by stipulation, agreed settlement, consent order or default or by another method agreed upon by the Director and the respondent in writing.
Author: Kippy Tate
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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
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(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.
(2) Other. The hearing otherwise shall be conducted in compliance with the provisions of the Alabama Administrative Procedures Act.
Author: Kippy Tate
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(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.
(2) Considerations. In determining whether a license should be revoked or suspended and the imposition of any fines, the Director shall consider all the relevant factors, including, but not limited to, the following:
(a) The severity of the offense;
(b) The danger to the public;
(c) The number of repetitions of offenses;
(d) The length of time since the date of violation;
(e) The number of complaints filed against licensee;
(f) The licensee's experience;
(g) The actual damage, physical or otherwise;
(h) The deterrent effect of the penalty imposed; and
(i) Any other mitigating or aggravating circumstances.
(3) Surrender of License. Upon the Director's revocation or suspension of a license, the licensee promptly shall surrender to the Director the license certificate issued to the licensee.
Author: Kippy Tate
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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
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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
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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
History
(1) Definition of Terms. As used in Rules 170-X-25-.01 and .02, the following terms shall have the following meanings:
(a) Alarm Systems. Warning devices, installed or free-standing, including but not limited to: carbon monoxide detectors, flue gas and other spillage detectors, security equipment, ejector pumps and smoke alarms.
(b) Architectural Service. Any practice involving the art and science of building design for construction of any structure or grouping of structures and the use of space within and surrounding the structures or the design for construction, including but not specifically limited to, schematic design, design development, preparation of construction contract documents, and administration of the construction contract.
(c) Component. A part of a system.
(d) Decorative. Ornamental; not required for the operation of the essential systems and components of a home.
(e) Describe. To report a system or component by its type or other observed, significant characteristics to distinguish it from other systems or components.
(f) Dismantle. To take apart or remove any component, device or piece of equipment that would not be taken apart or removed by a homeowner in the course of normal and routine home owner maintenance.
(g) Engineering Service. Any professional service or creative work requiring engineering education, training, and experience and the application of special knowledge of the mathematical, physical and engineering sciences to such professional service or creative work as consultation, investigation, evaluation, planning, design and supervision of construction for the purpose of assuring compliance with the specifications and design, in conjunction with structures, buildings, machines, equipment, works or processes.
(h) Further Evaluation. Examination and analysis by a qualified professional, tradesman or service technician beyond that provided by the home inspection.
(i) Home Inspection. The process by which an inspector visually examines the readily accessible systems and components of a home and which describes those systems and components in accordance with these Standards of Practice.
(j) Household Appliances. Kitchen, laundry, and similar appliances, whether installed or free-standing.
(k) Inspect. To examine readily accessible systems and components of a building in accordance with these Standards of Practice, using normal operating controls and opening readily openable access panels.
(l) Inspector. A person hired to examine any system or component of a building in accordance with these Standards of Practice, including Home Inspectors as defined in Code of Ala. 1975, § 34-14B-2(3).
(m) Installed. Attached such that removal requires tools.
(n) Normal Operating Controls. Devices such as thermostats, switches or valves intended to be operated by the homeowner.
(o) Readily Accessible. Available for visual inspection without requiring moving of personal property, dismantling, destructive measures, or any action which will likely involve risk to persons or property.
(p) Readily Openable Access Panel. A panel provided for homeowner inspection and maintenance that is within normal reach, can be removed by one person, and is not sealed in place.
(q) Recreational Facilities. Spas, saunas, steam baths, swimming pools, exercise, entertainment, athletic, playground or other similar equipment and associated accessories.
(r) Report. To communicate in writing.
(s) Representative Number. One component per room for multiple similar interior components such as windows and electric outlets; one component on each side of the building for multiple similar exterior components.
(t) Roof Drainage Systems. Components used to carry water off a roof and away from a building.
(u) Significantly Deficient. Unsafe or not functioning
(v) Shut Down. A state in which a system or component cannot be operated by normal operating controls.
(w) Solid Fuel Burning Appliances. A hearth and fire chamber or similar prepared place in which a fire may be built and which is built in conjunction with a chimney; or a listed assembly of a fire chamber, its chimney and related factory-made parts designed for unit assembly without requiring field construction.
(x) Structural Component. A component that supports non-variable forces or weights (dead loads) and variable forces or weights (live loads).
(y) System. A combination of interacting or interdependent components, assembled to carry out one or more functions.
(z) Technically Exhaustive. An investigation that involves dismantling, the extensive use of advanced techniques, measurements, instruments, testing, calculations or other means.
(aa) Under-floor Crawl Space. The area within the confines of the foundation and between the ground and the underside of the floor.
(bb) Unsafe. A condition in a readily accessible, installed system or component which is judged to be a significant risk of personal injury during normal, day-to-day use. The risk may be due to damage, deterioration, improper installation or a change in accepted residential construction standards.
(cc) Wiring Methods. Identification of electrical conductors or wires by their general type, such as "non-metallic sheathed cable" ("Romex"), "armored cable" ("bx") or "knob and tube," etc.
(2) Purpose and Scope
(a) The purpose of these Standards of Practice is to establish a minimum and uniform standard for inspectors. Home Inspections performed to these Standards of Practice are intended to provide the client with information regarding the condition of the systems and components of the home as inspected at the time of the Home Inspection.
(b) The inspector shall:
(i) readily accessible systems and components of homes listed in these Standards of Practice.
(ii) installed systems and components of homes listed in these Standards of Practice.
(i) on those systems and components inspected which, in the professional opinion of the inspector, are significantly deficient or are near the end of their service lives.
(ii) a reason why, if not self-evident, the system or component is significantly deficient or near the end of its service life.
(iii) the inspector's recommendations to correct or monitor the reported deficiency.
(iv) on any systems and components designated for inspection in these Standards of Practice which were present at the time of the Home Inspection but were not inspected and a reason they were not inspected.
(c) These Standards of Practice are not intended to limit inspectors from:
including other inspection services, systems or components in addition to those required by these Standards of Practice.
specifying repairs, provided the inspector is appropriately qualified and willing to do so.
excluding systems and components from the inspection if requested by the client.
(3) Structural System
(a) The inspector shall:
(i) the structural components including foundation and framing.
(ii) by probing a representative number of structural components where deterioration is suspected or where clear indications of possible deterioration exist. Probing is not required when probing would damage any finished surface or where no deterioration is visible.
(i) the foundation and report the methods used to inspect the under-floor crawl space.
(ii) the floor structure.
(iii) the wall structure.
(iv) the ceiling structure.
(v) the roof structure and report the methods used to inspect the attic.
(b) The inspector is not required to:
provide any engineering service or architectural service.
offer an opinion as to the adequacy of any structural system or component.
(4) Exterior
(a) The inspector shall:
(i) the exterior wall covering, flashing and trim.
(ii) all exterior doors.
(iii) attached decks, balconies, stoops, steps, porches, and their associated railings.
(iv) the eaves, soffits, and fascias where accessible from the ground level.
(v) the vegetation, grading, surface drainage, and retaining walls on the property when any of these are likely to adversely affect the building.
(vi) walkways, patios, and driveways leading to dwelling entrances.
(b) The inspector is not required to inspect:
screening, shutters, awnings, and similar seasonal accessories.
fences.
geological, geotechnical or hydrological conditions.
recreational facilities.
outbuildings.
seawalls, break-walls and docks.
erosion control and earth stabilization measures.
(5) Roof System
(a) The inspector shall:
(i) the roof covering.
(ii) the roof drainage systems.
(iii) the flashings.
(iv) the skylights, chimneys, and roof penetrations.
(b) The inspector is not required to inspect:
antennae.
interiors of flues or chimneys which are not readily accessible.
other installed accessories.
(6) Plumbing System
(a) The inspector shall:
(i) the interior water supply and distribution systems including all fixtures and faucets.
(ii) the drain, waste and vent systems including all fixtures.
(iii) the water heating equipment.
(iv) the vent systems, flues, and chimneys.
(v) the fuel storage and fuel distribution systems.
(vi) the drainage sumps, sump pumps, and related piping.
(i) the water supply, drain, waste, and vent piping materials.
(ii) the water heating equipment including the energy source.
(iii) the location of main water and main fuel shut-off valves.
(b) The inspector is not required to:
(i) the clothes washing machine connections.
(ii) the interiors of flues or chimneys which are not readily accessible.
(iii) wells, well pumps, or water storage related equipment.
(iv) water conditioning systems.
(v) solar water heating systems.
(vi) fire and lawn sprinkler systems.
(vii) private waste disposal systems.
(i) whether water supply and waste disposal systems are public or private.
(ii) the quantity or quality of the water supply.
(7) Electrical System
(a) The inspector shall:
(i) the service drop.
(ii) the service entrance conductors, cables, and raceways.
(iii) the service equipment and main disconnects.
(iv) the service grounding.
(v) the interior components of service panels and sub panels.
(vi) the conductors.
(vii) the overcurrent protection devices.
(viii) a representative number of installed lighting fixtures, switches, and receptacles.
(ix) the ground fault circuit interrupters.
(i) the amperage and voltage rating of the service.
(ii) the location of main disconnect(s) and sub panels.
(iii) the wiring methods.
(i) on the presence of solid conductor aluminum branch circuit wiring.
(ii) on the absence of smoke detectors.
(b) The inspector is not required to:
(i) the remote control devices unless the device is the only control device.
(ii) the alarm systems and components.
(iii) the low voltage wiring, systems and components.
(iv) the ancillary wiring, systems and components not a part of the primary electrical power distribution system.
(8) Heating System
(a) The inspector shall:
(i) the installed heating equipment.
(ii) the vent systems, flues, and chimneys.
(i) the energy source.
(ii) the heating method by its distinguishing characteristics.
(b) The inspector is not required to:
(i) the interiors of flues or chimneys which are not readily accessible.
(ii) the heat exchanger.
(iii) the humidifier or dehumidifier.
(iv) the electronic air filter.
(v) the solar space heating system.
(9) Air Conditioning System
(a) The inspector shall:
inspect the installed central and through-wall cooling equipment.
describe:
(i) the energy source.
(ii) the cooling method by its distinguishing characteristics.
(b) The inspector is not required to:
inspect electronic air filters.
determine cooling supply adequacy or distribution balance.
(10) Interior
(a) The inspector shall inspect:
the walls, ceilings and floors.
the steps, stairways, and railings.
the countertops and a representative number of installed cabinets.
a representative number of doors and windows.
garage doors and garage door operators.
(b) The inspector is not required to inspect:
the paint, wallpaper, and other finish treatments.
the carpeting.
the window treatments.
the central vacuum systems.
the household appliances.
recreational facilities.
(11) Insulation and Ventilation
(a) The inspector shall:
(i) the insulation and vapor retarders in unfinished spaces.
(ii) the ventilation of attics and foundation areas.
(iii) the mechanical ventilation systems.
(i) the insulation and vapor retarders in unfinished spaces.
(ii) the absence of insulation in unfinished spaces at conditioned surfaces.
(b) The inspector is not required to:
disturb insulation or vapor retarders.
determine indoor air quality.
(12) Fireplaces and Solid Fuel Burning Appliances
(a) The inspector shall:
(i) the system components
(ii) the vent systems, flues, and chimneys.
(i) the fireplaces and solid fuel burning appliances.
(ii) the chimneys.
(b) The inspector is not required to:
(i) the interiors of flues or chimneys.
(ii) the firescreens and doors.
(iii) the seals and gaskets.
(iv) the automatic fuel feed devices.
(v) the mantels and fireplace surrounds.
(vi) the combustion make-up air devices.
(vii) the heat distribution assists whether gravity controlled or fan assisted.
ignite or extinguish fires.
determine draft characteristics.
move fireplace inserts or stoves or firebox contents.
(13) General Limitations and Exclusions
(a) General limitations:
(i) are not technically exhaustive.
(ii) will not identify concealed conditions or latent defects.
(b) General exclusions:
The inspector is not required to perform any action or make any determination unless specifically stated in these Standards of Practice, except as may be required by other lawful authority.
Inspectors are not required to determine:
(i) the condition of systems or components which are not readily accessible.
(ii) the remaining life of any system or component.
(iii) the strength, adequacy, effectiveness, or efficiency of any system or component.
(iv) the causes of any condition or deficiency.
(v) the methods, materials, or costs of corrections.
(vi) future conditions including, but not limited to, failure of systems and components.
(vii) the suitability of the property for any specialized use.
(viii) compliance with regulatory requirements (codes, regulations, laws, ordinances, etc.)
(ix) the market value of the property or its marketability.
(x) the advisability of the purchase of the property.
(xi) the presence of potentially hazardous plants or animals including, but not limited to, wood destroying organisms or diseases harmful to humans.
(xii) the presence of any environmental hazards including, but not limited to, toxins, carcinogens, noise, and contaminants in soil, water, and air.
(xiii) the effectiveness of any system installed or methods utilized to control or remove suspected hazardous substances.
(xiv) the operating costs of systems or components.
(xv) the acoustical properties of any systems or component.
(i) or perform any act or service contrary to law.
(ii) or perform engineering services.
(iii) or perform work in any trade or any professional service other than home inspection.
(iv) warranties or guarantees of any kind.
(i) any system or component which is shut down or otherwise inoperable.
(ii) any system or component which does not respond to normal operating controls.
(iii) shut-off valves.
(i) any area which will, in the opinion of the inspector, likely be dangerous to the inspector or other persons or damage the property or its systems or components.
(ii) the under-floor crawl spaces or attics which are not readily accessible.
(i) underground items including, but not limited to, underground storage tanks or other underground indications of their presence, whether abandoned or active.
(ii) systems or components which are not installed.
(iii) decorative items.
(iv) systems or components located in areas that are not entered in accordance with these Standards of Practice.
(v) detached structures other than garages and carports.
(vi) common elements or common areas in multi-unit housing, such as condominium properties or cooperative housing.
(i) perform any procedure or operation which will, in the opinion of the inspector, likely be dangerous to the inspector or other persons or damage the property or its systems or components.
(ii) move suspended ceiling tiles, personal property, furniture, equipment, plants, soil, snow, ice, or debris.
(iii) dismantle any system or component, except as explicitly required by these Standards of Practice.
Authors: 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.
History
(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.
History
(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:
Observe all installed EIFS and stucco wall components listed elsewhere in these standards.
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:
Reporting conditions or observations that directly relate to the performance or life of the inspected wall system and its components.
Including other systems and components into the inspection if requested by the person or persons for whom the inspection is performed.
(2) General Exclusions and Limitations
(a) General Exclusions
(i) The life expectancy of the wall system or any component of the system.
(ii) The suitability of the wall system or product within the wall system for any specialized use.
(iii) The compliance or non-compliance of the wall system and components with applicable code requirements.
(iv) The method and materials required for the repair of the wall system or its components.
(v) The cost for the corrections to the wall system or its components.
(vi) The condition of a wall system or a component of a wall system that could not be readily observed due to personal items, furniture, equipment, plant life, soil, snow, ice, debris or storage.
(vii) The identification of wood destroying organisms including, but not limited to, insects, fungi, and rodents.
(viii) The identification of any hazardous substances, environmental issues or biohazards, or to determine the condition of an installed system used to control the above conditions.
(i) Offer any warranties or guarantees of any kind.
(ii) Offer any service or perform any act that is contrary to law.
(iii) Perform any architectural or engineering service or perform any function that requires a license or permit which is in addition to the license obtained from the Building Commission.
(iv) Determine the strength, adequacy, life of, or efficiency of any wall system or component.
(v) Perform any procedure or destructive testing which may damage the wall system components or property without prior written permission from the property or building owner.
(vi) Move any personal items, furniture, equipment, plant life, or items that may obstruct access or visibility of the component or wall system being inspected, without first obtaining written permission from the property or building owner.
(vii) Predict the future of any installed wall system or its components installed within the wall system.
(viii) Predict the performance of wall system or components within the wall system in regards to sound proofing, insulation, or fire suppression.
(3) System Components and Details
(a) EIFS Inspectors shall observe and report on:
(i) PB -- Polymer Based EIFS
(ii) PM -- Polymer Modified EIFS
(iii) DEFS -- Direct Applied EIFS
(iv) OCS -- One Coat Stucco Systems
(v) Quick R
(vi) Drainage EIFS
(vii) Traditional Hard Coat or Three Coat Stucco Systems
(i) Age of system and components
(ii) Approximate amount of applied material being inspected
(iii) Direction on which the building and applied surfaces face. (North, South, East, West)
(iv) Number of stories
(v) Temperature at time of inspection
(vi) Weather conditions prior to and at the time of inspection
(vii) Last rainfall
(viii) Building or property owner
(i) Framing type
(ii) Roof covering type
(iii) Substrate type, if known
(iv) Building wrap or moisture barrier, if known
(v) Draining mat, if known
(vi) Window type and manufacturer, if known
(vii) Door type and manufacturer, if known
(viii) Rigid foam type and manufacturer, if known
(ix) Fasteners type and manufacturer, if known
(x) Starter track
(xi) Flashings
(xii) Trim accessories
(xiii) Reinforcing mesh type and manufacturer
(xiv) Base coat type and manufacturer
(xv) Finish coating type and manufacturer
(xvi) Sealant or adhesive type and manufacturer
(i) Sealant around window perimeters
(ii) Sealant around door perimeters
(iii) Miter joints around windows and doors
(iv) Fixed window mullions and joints
(v) Head flashings at window tops
(vi) Head flashings at window tops
(vii) Pan flashing at window sills
(viii) Penetrations at door threshold/track
(ix) Backwrapping
(x) Expansion joints
(xi) Control joints
(xii) Aesthetic grooves
(xiii) Butterfly mesh
(xiv) Type of fastening system used on foam
(xv) Substrate nailing pattern
(xvi) Foam fastening installation pattern
(xvii) Openings on foam
(xviii) Evidence of foam rasping prior to base coat installation
(xix) Base coat thickness
(xx) Top coat thickness
(xxi) Transitions at accessories such as vinyl, brick, wood, and other dissimilar materials
(xxii) Termination at grade
(xxiii) Termination at concrete slabs
(xxiv) Deck flashings
(xxv) Flashings at columns
(xxvi) Kick out flashings
(xxvii) Roof wall flashings
(xxviii) Wall soffit termination
(xxix) Roof wall termination
(xxx) Wall fascia termination
(xxxi) Chimney crickets
(xxxii) Chimney flashings
(xxxiii) Gutters
(xxxiv) Wall penetrations
(xxxv) Accessories, flashings and sealant used
(i) Cracking observed and location
(ii) Exposed mesh observed and location
(iii) Chalking surface (efflorescence) observed and location
(iv) Uneven surface texture observed and location
(v) Poor or missing sealant observed and location
(vi) Stains observed and location
(vii) Impact damage and location
(viii) Flat areas and location
(ix) Breaching of surface by other trades and locations
(x) Vegetation, grading, drainage, driveways, patios, walkways, and retaining walls with respect to their effect on the condition of the exterior wall system or its components
(xi) Accessories and attachment methods
(4) Moisture Testing and Analysis
(a) EIFS Inspectors shall observe and report on:
(i) Reasons for testing
(ii) Locations of testing areas
(iii) Amount of testing areas
(iv) Type of tests performed
(v) Result of tests performed
(i) Glazing
(I) Gaskets
(II) Weeps
(III) Sealants
(IV) Perimeter sealants
(V) Unauthorized alterations
(ii) Penetrations
(I) Designed penetrations
(II) Post-construction penetrations
(III) Sealants
(IV) Unauthorized alterations
(iii) Wall Area
(I) False joints (cracking)
(II) Designed joints
(III) Post-construction joints
(IV) Cracks
(V) Impact Damage
(VI) Bird nest, or insect damage/holes
(VII) Unauthorized alterations
(iv) Roof/Wall Interfaces
(I) Copings
(II) Parapets
(III) Penetrations
(IV) Flashings
(V) Roof areas
Inspect and report on all accessible elevations or water entry points.
Inspect and report on accessible interior areas. Probe interior finished areas and structural components where deterioration is suspected. Report the signs of water penetration into the building or signs of abnormal condensation on building components.
Test equipment used:
(i) Type of test equipment used
(ii) Method of calibration of test equipment used
Author: The Alabama Standards of Practice and Code of Ethics for EIFS Inspectors are adopted from the Exterior Design Institute (EDI) Standards of Practice and Code of Ethics. The Alabama Building Commission gratefully acknowledges EDI's consent.
History
(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.
(4) Conflicts of Interest.
(a) General Conflicts of Interest: EIFS Inspectors shall avoid conflicts of interest with regard to their professional activities, financial considerations or other interests. At such time as an EIFS Inspector becomes reasonably aware that an actual, apparent or potential conflict of interest exists, the EIFS Inspector shall refrain from providing services or opinions until full disclosure has been made, and the conflict waived in writing by the appropriate parties.
(b) Suggested Guidelines for EIFS Inspectors that provide both inspection and stucco remediation contractor services:
To avoid conflict of interest complications, an EIFS Inspector can adopt the policy of not repairing projects they inspected for twelve (12) months and having independent third party inspectors inspect the projects that they have remediated.
On small projects (generally less than $1,000 of repairs), the EIFS Inspector or their companies shall provide full disclosures of potential conflicts of interest if the owner wants them to perform the repairs; including appropriate disclosure and waiver forms. All repairs should be properly inspected by an independent third party EIFS Inspector or equal.
On all other projects where EIFS Inspectors or their companies are performing both inspections and repairs, the EIFS Inspector should establish a procedure to avoid conflict of interest concerns. The procedure may involve the following steps:
(i) Perform the stucco inspection and write the report identifying the problem areas. If qualified to do so, develop the specification for repairs to correct the problem areas identified. Provide this information to the owner so they can solicit bids for the repairs. If the EIFS Inspector or their company is not asked to provide a bid to perform the repairs, then the EIFS Inspector can remain available as a consult and independent third party inspector to monitor the remediation.
(ii) If the owner desires that the EIFS Inspector or their company provide a bid for the repairs, then the EIFS Inspector shall document the change in the relationship with the owner and obtain appropriate waivers to establish consent from the owner prior to bidding the project.
(iii) If the original EIFS Inspector wins the bid, they shall require that the owner hire an independent third party EIFS Inspector or equal to monitor the remediation.
(iv) If the original EIFS Inspector does not win the bid, then they can be retained as the independent third party EIFS Inspector to monitor the remediation by the successful bidder.
(5) EIFS Inspectors.
(a) EIFS Inspectors shall not engage in unethical conduct.
(b) EIFS Inspectors shall not slander, malign or make false statements regarding the EIFS and/or stucco industry including other EIFS Inspectors or other persons involved in manufacture, application or inspection of EIFS or stucco products.
(c) EIFS Inspectors shall pledge themselves to the continued pursuit of increasing their knowledge, education, training and experience so that consumers of stucco inspection and repair services can rely upon the competence of EIFS Inspectors.
(d) EIFS Inspectors shall not engage in any conduct that is detrimental to the reputation or the best interest of the stucco inspection and repair industry.
Author: The Alabama Standards of Practice and Code of Ethics for EIFS Inspectors are adopted from the Exterior Design Institute (EDI) Standards of Practice and Code of Ethics. The Alabama Building Commission gratefully acknowledges EDI's consent.
History
ABC Form B-l
Transmittal of Plans and/or Specifications
Page 1 of 1
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ABC Form B-2
Agreement Between Owner and
Page 1 of 8
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ABC Form B-3
Checklist for Preparation of Agreement Between Owner and
Architect Page 1 of 2
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ABC Form B-4
Agreement Between Owner And Architect
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ABC Form B-5
Sample Architect's Statement For Services
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ABC Form B-6
Certified Tabulation Of Bids
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ABC Form B-7
Checklist For Preparation/Approval Of Contract And Bonds
Page 1 of 3
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ABC Form B-8
Pre-Construction Conference Checklist
Page 1 of 2
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ABC Form B-9
Project Data Form
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ABC Form B-10
Statement Of Field Observations
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ABC Form B-11
Change Order Justification
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ABC Form B-12
Change Order Checklist
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ABC Form B-13
Final Payment Checklist and Transmittal
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ABC Form C-1
Sample Advertisement For Bids
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ABC Form C-2
Instructions To Bidders
Page 1 of 9
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ABC Form C-3
Proposal Form
Page 1 of 2
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ABC Form C-4
Form of Bid Bond
Page 1 of 2
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ABC Form C-5
Construction Contract
Page 1 of 2
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ABC Form C-6
Performance Bond
Page 1 of 2
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ABC Form C-7
Payment Bond
Page 1 of 2
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ABC Form C-8
General Conditions Of The Contract
Page 1 of 21
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ABC Form C-9
General Contractor's Roofing Guarantee
Page 1 of 2
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ABC Form C-10 (Short)
Application And Certificate For Payment
Page 1 of 2
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ABC Form C-10 (Long)
Application And Certificate For Payment
Page 1 of 3
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ABC Form C-10
Inventory Of Stored Materials
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ABC Form C-11
Progress Schedule And Report
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ABC Form C-12 Contract Change Order
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ABC Form C-13
Certificate Of Substantial Completion
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ABC Form C-14
Form Of Advertisement For Completion
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ABC Form C-15
Detail Of Project Sign
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ABC Form 9-A
Construction Contract
Page 1 of 2
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ABC Form 9-B
Performance Bond
Page 1 of 2
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ABC Form 9-C
Payment Bond
Page 1 of 2
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ABC Form 9-D
Modification To The Construction Contract-Adjustment Of Severable Payment-See master code for copy of form
ABC Form 9-E
Modification To The Construction Contract Adding The Alabama
Public School And college Authority As Co-Owner
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ABC Form 9-F
Modification Of The Performance Bond And Payment Bond Adding, As
Co-Owner The Alabama Public School And College Authority
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ABC Form 9-G
Invoice Checklist
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ABC Form 9-H
Certification Of compliance Title 41: Public Contracts
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ABC Form 9-I
Material Receipt
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