Alabama Administrative Code Chapter 355-11-1 — Organization And Authority

355 State of Alabama Department of Finance

Ala. Admin. Code r. 355-11-1-.01 Creation And Empowerment

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.

History

• Author: Stedmann B. McCollough, Director
• Authority: Code of Ala. 1975, §§41-9-140 through 174.
• Repealed and Replaced: Filed August 29, 1997; effective October 3, 1997.

Ala. Admin. Code r. 355-11-1-.02 Organization

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.

History

• Author: Stedmann B. McCollough, Director
• Authority: Code of Ala. 1975, §§41-9-140, 41-9-141.
• Repealed and Replaced: Filed August 29, 1997; effective October 3, 1997.

Ala. Admin. Code r. 355-11-1-.03 Definitions

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.

History

• Author: Stedmann B. McCollough, Director
• Authority: Code of Ala. 1975, §41-9-141.
• Repealed and Replaced: Filed August 29, 1997; effective October 3, 1997.

Ala. Admin. Code r. 355-11-1-.04 Powers And Duties

(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.

History

• Author: Stedmann B. McCollough, Director
• Authority: Code of Ala. 1975, §§21-4-5, 21-4-6, 41-9-141, 42-9-161, 41-9-171.
• Repealed and Replaced: Filed August 29, 1997; effective October 3, 1997.

Ala. Admin. Code r. 355-11-1-.05 General Methods Of Operation

(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

History

• Author: Kippy Tate, Director
• Authority: Code of Ala. 1975, §§41-9-141, 41-22-4.
• Repealed and Replaced: Filed August 29, 1997; Effective October 3, 1997. Amended: Filed September 18, 2001; effective October 23, 2001; operative November 1, 2001.