Alabama Administrative Code Chapter 355-16-1 — Collection Of User Fees

355 State of Alabama Department of Finance

Ala. Admin. Code r. 355-16-1-.01 Applicability

The following procedures and user fees are applicable to new construction, additions, or alteration projects for buildings under the jurisdiction of the Alabama Division of Construction Management as defined by the Code of Ala. 1975, Title 41, Section 41-9-162 and authorized by Section 41-4-400(a)(7). There is also a fee applicable to posting advertisements for sealed bids or other public notifications related to a contract for a public works on Alabama Builds pursuant to Code of Ala. 1975, Title 39, Section 39-1-1 and Section 39-2-2.

History

• Author: Lee Desmond
• Authority: Code of Ala. 1975, §41-4-400(a)(7), §39-1-1 , and §39-2-2.
• New Rule: Filed October 27, 1994; effective December 1, 1994. Repealed: Filed October 12, 1995; effective November 16, 1995. New Rule: Filed August 7, 2014; effective September 11, 2014. Amended: Published November 29, 2019; effective January 13, 2020. Amended: Published February 27, 2026; effective April 13, 2026.

Ala. Admin. Code r. 355-16-1-.02 Calculation Of Basic Plan Review And Permit Fees

Construction Cost: Construction Cost shall include the cost of the actual building construction, addition, or alteration work, including sitework.

History

• Author: Lee Desmond
• Authority: Code of Ala. 1975, §41-9-141(a)(8).
• New Rule: Filed October 27, 1994; effective December 1, 1994. Repealed: Filed October 12, 1995; effective November 16, 1995. New Rule: Filed August 7, 2014; effective September 11, 2014. Amended: Published November 29, 2019; effective January 13, 2020. Amended: Published February 27, 2026; effective April 13, 2026.

Ala. Admin. Code r. 355-16-1-.03 Fees Required

(1) The Basic Plan Review Fee, the Basic Permit Fee, and the Basic Contract Document Administration Fee are subject to the Final Reconciliation at the close of construction as described in Rule 355-16-1-.05.

(2) Basic Plan Review Fee: This fee includes review of Schematic, Preliminary, Final, and one revised Final Plan Submittal.

(a) If the first submittal of a new project is for a schematic or preliminary review, it shall be accompanied by ½ of the Basic Plan Review Fee not to exceed $500. Submittals sent in without this fee will not be reviewed until payment is received.

(b) The final submittal of each project shall be accompanied by a payment for the balance of the Basic Plan Review Fee. Submittals sent in without this final submittal fee will not be reviewed until payment is received.

(c) Written final plan review comments must be sent by the Division of Construction Management to the architect within 30 calendar days of receipt of the submittal. If the submittal is not reviewed within this time limitation, the balance of the Basic Plan Review Fee is waived.

(3) Basic Permit Fee: This fee shall include the following required major 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 Basic Permit Fee.

(a) The Basic Permit Fee is due upon approval or receipt of the Construction Contract. The Pre-Construction Conference will not be performed prior to receipt of the Basic Permit Fee.

(4) Basic Contract Document Administration Fee: The Basic Contract Document Administration Fee applies to contracts that are administered by the Division of Construction Management. The fee covers review of the Owner/Architect Agreement and Construction Contract along with related amendments, change orders, service invoices, and pay requests.

(a) Payment must be received before the associated contract is fully executed. The total fee is 0.3% of the Construction Cost and it is paid in the following 2 parts:

(i) 0.15% of the Project Budget for the Owner/Architect Agreement

(ii) 0.15% of the Construction Cost for the Construction Contract.

(5) Additional Fees:

(a) If more than one revised Final Plan Submittal is required, an additional fee shall be required for each additional revised submittal. This additional fee shall be equal to the lesser of the following: 15% of the Basic Plan Review 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 Division of Construction Management Inspector on site that the contractor has not met required benchmarks or the inspection is cancelled without 48-hours’ notice, the Division of Construction Management shall require an additional fee of $1500. This additional inspection fee shall be applied to each additional inspection that is required to be rescheduled.

(c) Changes to plans for rebid or a significant revision in the scope of work may incur an additional fee, up to the amount of the Basic Plan Review Fee, based on the reviewers’ evaluation of the extent of the changes reviewed.

(d) Projects owned and locally funded by municipality and county governments must be submitted for a review for compliance with the current ADA Standards for Accessible Design. The additional fee for this service is 50% of the Basic Plan Review Fee, with a maximum of $500.00. If more than one revised Final Plan Submittal is required, the fee for each additional review will be 15% of the Basic Plan Review Fee.

(e) In addition to the Schematic, Preliminary, and Final Review Submittals, the Owner may request an optional 65% Intermediate Review to include all systems of the project at a point that is less than 100% complete. The additional fee for this review will be 65% of the Basic Plan Review Fee.

History

• Author: Lee Desmond
• Authority: Code of Ala. 1975, §41-9-141(a)(8).
• New Rule: Filed October 27, 1994; effective December 1, 1994. Repealed: Filed October 12, 1995; effective November 16, 1995. New Rule: Filed August 7, 2014; effective September 11, 2014. Amended: Published November 29, 2019; effective January 13, 2020. Amended: Published February 27, 2026; effective April 13, 2026.

Ala. Admin. Code r. 355-16-1-.04 Payment Of Fees

(1) The balance of the Basic Plan Review Fee payment shall be accompanied by the “Plan Review Fee Worksheet” and a copy of the architect’s latest estimated Construction Cost. The cost estimate shall be the basis for calculating the estimated Basic Plan Review Fee on the fee worksheet.

(2) The Basic 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 to the extent that work has been performed by the Division of Construction Management.

(4) Fee payments shall be paid by either (i) check or money order made payable to “Alabama Department of Finance-Division of Construction Management,” (ii) by an electronic means accepted by the Division of Construction Management, or (iii) an inter-agency transfer. Fees are deemed paid when the funds represented by the payment method are received by or made available to the Division of Construction Management.

(5) Check or money order payments shall be received only at the Division of Construction Management’s office in Montgomery.

History

• Author: Katherine Lynn, Frank Barnes
• Authority: Code of Ala. 1975, §41-9-141(a)(8).
• New Rule: Filed October 27, 1994; effective December 1, 1994. Repealed: Filed October 12, 1995; effective November 16, 1995. New Rule: Filed August 7, 2014; effective September 11, 2014. Amended: Published November 29, 2019; effective January 13, 2020.

Ala. Admin. Code r. 355-16-1-.05 Final Reconciliation Of Fees

(1) Final Reconciliation: The Basic Plan Review Fee, the Basic Permit Fee, and the Basic Contract Document Administration Fee are paid based on the best estimate of the Construction Cost at the time each fee is due. When construction is complete, a Final Reconciliation will recalculate each of these fees using the actual Construction Cost. The Final Reconciliation will determine the amount due from or refunded to the Owner. The Owner has the final responsibility for payment of all fees.

(2) The actual Construction Cost for the final Basic Plan Review Fee shall be adjusted to include the lowest bid on any additive unawarded alternates from the bid tab. The actual Construction Cost for the final Basic Permit Fee and the final Basic Contract Document Administration Fee shall be adjusted for any change orders and for any sales-tax credit received by the Owner.

History

• Author: Katherine Lynn
• Authority: Code of Ala. 1975, §41-9-141(a)(8).
• New Rule: Filed October 27, 1994; effective December 1, 1994. Repealed: Filed October 12, 1995; effective November 16, 1995. New Rule: Filed August 7, 2014; effective September 11, 2014. Repealed and New Rule: Published November 29, 2019; effective January 13, 2020.

Ala. Admin. Code r. 355-16-1-.06 Penalties

Where work, for which Division of Construction Management approval is required, is started or proceeds prior to obtaining said approval, the fees herein specified shall be doubled. The payment of such double fee shall not relieve any persons from fully complying with the requirements of the Division of Construction Management in the execution of the work nor from any other penalties prescribed herein.

History

• Author: Frank Barnes
• Authority: Code of Ala. 1975, §41-9-141(a)(8).
• New Rule: Filed August 7, 2014; effective September 11, 2014. Amended: Published November 29, 2019; effective January 13, 2020.

Ala. Admin. Code r. 355-16-1-.07 Contract Document Administration Fees (Repealed 1/13/20)

(Repealed)

History

• Author: Katherine Lynn
• Authority: Code of Ala. 1975, §41-9-141(a)(8.
• New Rule: Filed August 7, 2014; effective September 11, 2014. Repealed: Published November 29, 2019; effective January 13, 2020.

Ala. Admin. Code r. 355-16-1-.08 Alabama Builds Posting Fee

The Department of Finance maintains the Alabama Builds website for posting advertisements for sealed bids or other public notifications related to a contract for a public works. The Alabama Builds Posting Fee is required for each posting related to a contract for a public works for a specified period on the Alabama Builds website pursuant to Code of Ala. 1975, Title 39, Section 39-1-1 and Section 39-2-2. The fee is intended to cover the administrative costs for posting and maintenance costs of the website. The amount is $25.00 per posting and may be adjusted to cover additional costs incurred.

History

• Author: Lee Desmond
• Authority: Code of Ala. 1975, §41-9-141(a)(8), §39-1-1 , and §39-2-2.
• New Rule: Published February 27, 2026; effective April 13, 2026.