|
|
CHAPTER 465-X-3
LICENSING
TABLE OF CONTENTS
465-X-3-.01 Requirement for Licensing. All
residential home builders shall have and maintain a current license issued by the Board. 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. Any person acting as a residential home builder as of October 15, 1993
shall have applied for a license on or before that date.
Authors: David R. Boyd, Dorman Walker, Lois Woodward
Statutory Authority: Code of Ala. 1975, §§ 34-14A-5, 34-14A-11.
History: Filed March 22, 1993. New Rule: Filed
May 12, 1993, effective June 16, 1993.
BACK TO TOP
465-X-3-.02 Filing. License
applications, annual license renewal applications, and all other applications or
submissions required by these rules shall be deemed filed when received by the Executive
Director. Applications filed at least 30 days before the next regularly scheduled Board
meeting shall be considered before or at the time of that meeting; consideration of
applications filed less than 30 days before such meeting may be delayed until the time of
the next subsequent meeting of the Board. The Executive Director may reject an application
that is inaccurate, incomplete, not notarized, or for which all fees due have not been
paid at the time the application is filed.
Authors: David R. Boyd, Dorman Walker, Lois Woodward
Statutory Authority: Code of Ala. 1975, §§ 34-14A-5, 34-14A-7,
34-14A-11.
History: Filed March 22, 1993. New Rule: Filed
May 12, 1993, effective June 16, 1993.
BACK TO TOP
465-X-3-.03 Exemptions. The licensing
requirements of the Act shall not apply to:
(1) Any employee of a licensee who engages in the residential
home building business solely as the employee of that licensee and personally
does not hold himself or herself out for hire or engage in contracting;
(2) An authorized employee of the United States, the state of Alabama, or any
municipality, county, or other political subdivision if the employee personally
does not hold himself or herself out for hire or otherwise engage in contracting
except in accordance with his or her employment;
(3) General contractors who, on January 1, 1992, held a valid general
contractors license issued under Title 34, Chapter 8 of the Code of Ala. 1975,
and who continue to maintain that license in good standing;
(4) Licensed real estate agents, licensed engineers, and licensed architects
operating within the scope of their respective licenses on behalf of clients;
(5) Owners of property acting as their own contractors and providing all
material supervision themselves in the building or improvement of one-family or
two-family residences on their own property for their own occupancy or use,
which residences are not offered for sale to the public. For the purpose of the
Act and these rules:
(a) Owners shall be deemed to have acted as their own contractors if they do not
hire or compensate anyone to supervise the building or improvement of their
residences or any part thereof; and
(b) Proof of the sale or offering for sale of such structure by the
owner-builder within one year after completion of same is presumptive evidence
that the construction was undertaken for the purpose of sale;
(6) Mobile homes, or any structure that is installed, inspected, or regulated by
the Alabama Manufactured Housing Commission, or the repair, improvement, or
reimprovement of any such structure, and shall not in any way change or
interfere with the duties, responsibilities and operations of the Alabama
Manufactured Housing Commission as defined in Code of Ala. 1975 §§ 24-4A-1,
24-6-4;
Authors: David R. Boyd, Dorman Walker, Lois Woodward, Kathy Perry Brasfield.
Statutory Authority: Code of Ala. 1975, §§ 34-14A-6, 34-14A-11.
History: Filed March 22, 1993. New Rule: Filed May 12, 1993, effective June 16,
1993. Amended: Filed May 6, 2002; effective June 10, 2002. Amended: Filed August
4, 2006; effective September 8, 2006.
BACK TO TOP
465-X-3-.04 Licensing.
(1) Form of License.
Licenses shall be issued only to individuals, partnerships, corporations,
limited liability companies, and not-for-profit organizations:
(a) An individual applying for a license personally must satisfy all the
licensure requirements.
(b)1. A general partnership, limited partnership, corporation, limited liability
company, or not-for-profit organization applying for a license must designate as
its qualifying representative an individual who is either a general partner (in
the case of any partnership) or an officer (in the case of a corporation) or a
member (in the case of a member-managed limited liability company) or a manager
(in the case of a manager-managed limited liability company) and who either
holds a license individually or meets the experience and ability requirements
for licensure. The entity seeking the license may rely upon the designated
qualifying representative's experience, ability, and successful completion of
any examination (testing experience and ability, conducted either by the Board
or a third party under contract with the Board), but must present evidence to
the Board that it satisfies all other licensing requirements. The name of the
partnership, corporation, or limited liability company, along with that of its
designated qualifying representative, shall appear on the face of that entity's
license.
2. If the designated qualifying representative of a partnership, corporation, or
limited liability company ceases to be a partner or officer or member of that
entity, the designated qualifying representative and the partnership,
corporation, or limited liability company immediately shall so notify the Board.
Unless another partner, officer, or member as the case may be, who either
individually maintains a current and valid license or meets the experience and
ability requirements for licensure is designated as that entity's new qualifying
representative within 45 days after the previous designated qualifying
representative ceases to hold that position, the license for that partnership,
corporation, or limited liability company automatically shall be revoked.
(c) The extent to which a residential home builder may engage in the residential
home building business depends upon the type of license held:
1. A residential home builder who is not licensed individually may engage in the
residential home building business only through a licensed partnership,
corporation, or limited liability company, of which the builder is an employee,
partner, officer, or member.
2. A residential home builder who is the designated qualifying representative of
an entity may engage in the residential home building business only through that
entity; if such builder wishes to engage in the residential home building
business either individually or through another entity that is not otherwise
licensed, that builder must obtain a license, either individually or on behalf
of the other entity, of which the builder may be the designated qualifying
representative. A residential home builder who is the qualifying representative
of an entity shall be deemed to have satisfied the experience and ability
requirements for licensure, but must satisfy all other licensing requirements,
including without limitation, the financial responsibility requirements, before
qualifying for a license either individually or on behalf of another entity.
3. A residential home builder licensed individually may engage in the
residential home building business either individually or through a licensed
entity of which the individual licensee is an employee, partner, officer, or
member.
EXAMPLES:
(i) ABC Builders, Inc. has three officers, each of whom meets the experience and
ability requirements for licensure. Adams is the qualifying representative of
the corporation. Brown individually meets all the licensing requirements,
including without limitation the financial responsibility requirement, and
obtains an individual license. Carter is not licensed, either individually or as
the qualifying representative of the corporation. Adams and Carter may engage in
the residential home building only through ABC Builders, Inc., but Brown may do
so either individually or through ABC Builders, Inc.
(ii) Five years after ABC Builders, Inc. was issued a license, Adams decides to
engage in the residential home building business through a newly formed
partnership, Adams Builders, of which he is a partner. Adams Builders applies
for a license, naming Adams as its qualifying representative. Because he is the
qualifying representative of ABC Builders, Inc., Adams is deemed to have
satisfied the experience and ability requirements for licensure, but Adams
Builders will have to satisfy all other requirements for licensure, including
without limitation the financial responsibility requirement.
(iii) Five years after ABC Builders, Inc., was issued a license, Carter decides
to engage individually in the residential home building business. Because Carter
is neither the qualifying representative of ABC Builders, Inc. nor licensed
individually, Carter will have to satisfy all of the requirements for licensure,
including the experience and ability requirements, which means successful
completion of any examination testing experience and ability, conducted either
by the Board or a third party under contract with the Board.
(2) License Requirements. In order to receive a license, a residential home
builder must successfully complete the following actions:
(a) File an accurate, complete, timely, and notarized application for license
with the Board;
(b) Pay the application fee, the Homeowners' Recovery Fund fee, and any other
fee required by these rules;
(c) Demonstrate proof of financial responsibility by submitting to the Board, at
the applicant's expense:
1. A credit report with business-related credit and financial information in a
form satisfactory to the Board (provided directly from a credit reporting
agency).
(i) The credit report shall include the business-related credit accounts
information of the individual or entity to be licensed and a public records
search of the individual or entity to be licensed.
(ii) In addition, a partnership's credit report shall include a public records
search on the partnership and also on each partner. A partnership over a year
old has the option of submitting the business-related credit accounts
information on the partnership or on each partner individually.
(iii) In addition, a partnership, corporation, limited liability company, or
other legal entity less than one year old may be required to provide
business-related credit accounts information on the partners, corporate
officers, or members individually where the partnership, corporation, or limited
liability company does not have a credit history sufficient to reasonably
satisfy the Board of the applicant's financial responsibility.
(iv) An applicant whose application is pending for more than 90 days (owing to a
defect in the application for which the applicant is responsible) may be
required to file an updated credit report (provided directly from a credit
reporting agency).
2. If an applicant’s credit report reflects that the applicant had more than two
business-related accounts which were more than 60 days past due during the
preceding year, the applicant must provide the Board with a written explanation
of the circumstances surrounding the overdue accounts sufficient to reasonably
satisfy the Board of the applicant’s financial responsibility.
3. An applicant must not have any outstanding business-related collection
account(s), charged-off account(s), or foreclosure account(s), except that
(i) An applicant may have a business-related collection account(s), charged-off
account(s), or foreclosure account(s) if the amount(s) of the business-related
collection account(s), charged-off account(s), or foreclosure account(s) does
not exceed $500 in the aggregate. (Example: (A) one $500 business-related
collection account, charged-off account, or foreclosure account and no other
business-related collection account, charged-off account, or foreclosure
account, or (B) one $250 business-related collection account, one $150
charged-off account, and one $100 foreclosure account.)
(ii) An applicant with a business-related collection account(s), charged-off
account(s), or foreclosure account(s), which exceeds $500 in the aggregate must
provide documentation to show that the collection account(s), charged-off
account(s), or foreclosure account(s) has been paid, or must show to the Board's
reasonable satisfaction that arrangements have been made to pay the account(s),
including but not limited to evidence of a payment plan and history of payment
or provide the Board with a written explanation of the circumstances surrounding
the business-related collection account(s), charged-off account(s), or
foreclosure account(s) sufficient to reasonably satisfy the Board of the
applicant's financial responsibility.
4. (i) An applicant must not have any outstanding judgments, judgment liens, or
any perfected liens, except that
(I) An applicant may have an outstanding judgment(s), judgment lien(s), or any
perfected lien(s) under dispute in court, with the taxing authority, or on
appeal, if the amount(s) of judgment(s), judgment lien(s), or any perfected
lien(s) (under dispute in court, with the taxing authority, or on appeal) does
not exceed the amount of $1,000 in the aggregate. (Example: (A) one $1,000
outstanding judgment, judgment lien, or any perfected lien under dispute in
court, with the taxing authority, or on appeal and no other outstanding
judgment(s), judgment lien(s), or any perfected lien(s) under dispute in court,
with the taxing authority, or on appeal or (B) one $650 outstanding judgment,
judgment lien, or any perfected lien under dispute in court, with the taxing
authority, or on appeal and one $350 outstanding judgment, judgment lien, or any
perfected lien under dispute in court, with the taxing authority, or on appeal.)
(II) An applicant may have an outstanding judgment(s), judgment lien(s), or any
perfected lien(s) if the amount(s) of the judgment(s), judgment lien(s), or any
perfected lien(s) does not exceed $500.00 in the aggregate. (Example: (A) one
$500 outstanding judgment, judgment lien, or any perfected lien and no other
outstanding judgment(s), judgment lien(s), or any perfected lien(s) or (B) one
$350 outstanding judgment, judgment lien or any perfected lien and one $150
outstanding judgment, judgment lien, or any perfected lien.)
(ii) Business-related judgments, judgment liens, and any perfected liens include
any judgment, judgment lien or any perfected lien that may attach to real estate
that an applicant takes in his/her/its name and sells, deeds, or otherwise
transfers to a consumer and adversely affects the consumer's title. A certified
copy of the satisfaction and release from the appropriate court(s) is sufficient
evidence of satisfaction and release.
5. Disclosure of Social Security Number. All licensure applications, including
new and renewal licensure applications, have a space for the disclosure of an
individual's social security number.
(i) The disclosure of an individual's social security number under the Alabama
Child Support Act of 1997, Act 97-447, § 30-3-194 (1997 Cum. Supp.) is
MANDATORY. The Board requires the disclosure of the social security number to be
used for the purposes under said act described therein.
(ii) The disclosure of an individual's social security number for the purpose of
obtaining business-related financial and credit information and public records
search is VOLUNTARY. The Board requests the disclosure of the social security
number, pursuant to Code of Ala. 1975, § 34-14A-7(a)(4), to obtain
business-related financial and credit information and a public records search in
order to examine an applicant's business-related financial condition. The Board
may provide, or the individual may provide, the social security numbers to the
credit reporting agency for the purpose of obtaining this information. An
individual who does not wish to disclose his or her social security number may
provide the business-related financial and credit information and public records
search in an alternate format. The alternate format shall be: provide five (5)
notarized business-related credit letters from financial institutions, building
suppliers, or other creditors outlining specific payment history, and a
certified public records search.
6. An applicant must provide a written explanation of any pending lawsuits
sufficient to reasonably satisfy the Board of the applicant’s financial
responsibility.
(d) Satisfy the Board that the applicant possesses such experience and ability
as to be entitled to a license as a residential home builder by successfully
completing the examination (testing experience and ability, conducted either by
the Board or a third party under contract with the Board) required by the Board;
(e) Satisfy the Board that the applicant possesses such good character and
willingness to serve the public and conserve the public health and safety as to
be entitled to a license as a residential home builder; and
(f) File any additional pertinent information required by the Board on a
case-by-case basis to determine whether the applicant is qualified to receive a
license.
(g) If the applicant is a corporation, satisfy the Board that the applicant is
in good standing with the Alabama Department of Revenue and is either duly
organized in the State of Alabama or qualified as a foreign corporation to do
business in Alabama.
(h) If the applicant is a limited partnership or limited liability company,
satisfy the Board that the applicant is either duly organized in the State of
Alabama or qualified as a foreign limited partnership or limited liability
company to do business in Alabama.
(3) Grandfathering Provisions.
(a) Applicants who were initially grandfathered from examination (testing
experience and ability, conducted either by the Board or a third party under
contract with the Board) on or before June 16, 1994 and who met the requirements
under previous Code of Ala. 1975, § 34-14A-5, and who apply for a new license in
a different legal capacity less than three (3) years from the date of expiration
of the former license, the Board shall rely on the building qualifications met
under § 34-14A-5 as sufficient evidence of applicant's experience and ability
requirements for licensure; provided there are no pending disciplinary problems
with the applicant.
(4) Applicants in counties having a population of fewer than 30,000 residents.
(a) The county commission of any county having a population of fewer than 30,000
according to the most recent decennial census may irrevocably elect to make the
Act applicable to the county (hereinafter "Electing County"). Upon such
election, the Electing County shall notify the Executive Director of the Board,
in writing, of the election by providing a copy of the minutes of the county
commission meeting which reflects the action of the county commission making
applicable the Act.
(b) Any person residing in or acting as a residential home builder in an
Electing County must successfully complete the requirements for licensure as
required under Rule §§ 465-X-3-.04(2)(a), (b), (c), (e), (f), (g) and (h) and
satisfy the experience and ability requirements required herein.
(c) Any person residing within an Electing County shall be deemed to have
satisfied the experience and ability requirements for licensure if such person
submits an application to the Board, within one (1) year from the date the
county commission of the Electing County notifies the Board of the action of the
county commission making applicable the Act, that establishes any one (1) of the
following:
1. That the applicant has constructed at least one (1) residence within the year
prior to the date the county commission notifies the Board that it has
irrevocably elected to make the Act applicable to the Electing County or at
least five (5) residences within the previous five (5) years; or
2. That the applicant has remodeled at least one (1) residence within the year
prior to the date the county commission notifies the Board that it has
irrevocably elected to make the Act applicable to the Electing County, or at
least five (5) residences within the previous five (5) years, each for a
contract price of at least $10,000; or
3. That the applicant currently is licensed as a residential home builder by a
jurisdiction in this state which requires an examination (testing experience and
ability) for such licensure; or
4. That the applicant is currently licensed as a residential remodeler by a
jurisdiction in this state and that the applicant's remodeling business
generated gross revenues of $250,000 or more in the previous calendar year; or
5. That the applicant possesses sufficient building qualifications and
experience to receive a license, as demonstrated by satisfactory evidence
presented to the Board. Proof that an applicant currently holds or held on or
before one (1) year from the date the county commission notifies the Board that
it has irrevocably elected to make the Act applicable to the Electing County, a
business or occupational license as a residential home builder in the Electing
County shall provide sufficient evidence of the applicant's building
qualifications and experience.
(d) Any person residing within an Electing County shall provide proof of
residency in said Electing County by submitting to the Board at the time
application is made:
1. documentation from the Board of Registrars of the Electing County which
reflects that the applicant is a registered voter of the Electing County; or
2. a valid Alabama Drivers License, which reflects that the applicant is a
resident of the Electing County; or
3. documentation which reflects that the applicant owns property in the Electing
County which has been assessed for ad valorem tax in the Electing County; or
4. documentation which reflects that the applicant receives U.S. mail at a
street, county road, or highway address within the Electing County; or
5. such other evidence of residency as may be accepted by the Board.
(e) Any person who does not reside within an Electing County, but who is acting
as a residential homebuilder within an Electing County shall be deemed to have
satisfied the experience and ability requirements for licensure if such person
submits an application to the Board, within one (1) year from the date the
county commission of the Electing County notifies the Board of the action of the
county commission making applicable the Act, that establishes any ONE (1) of the
following:
1. That the applicant has constructed at least one (1) residence within the
Electing County, within the year prior to the date the county commission
notifies the Board that it has irrevocably elected to make the Act applicable to
the Electing County, or at least five (5) residences within the Electing County
within the previous five (5) years; or
2. That the applicant has remodeled at least one (1) residence within the
Electing County, within the year prior to the date the county commission
notifies the Board that it has irrevocably elected to make the Act applicable to
the Electing County, or at least five (5) residences within the Electing County
within the previous five (5) years, each for a contract price of at least
$10,000; or
3. That the applicant currently is licensed as a residential home builder by a
jurisdiction in this state which requires an examination (testing experience and
ability) for such licensure; or
4. That the applicant is currently licensed as a residential remodeler by a
jurisdiction in this state and that the applicant's remodeling business
generated gross revenues of $250,000 or more in the previous calendar year; or
5. That the applicant possesses sufficient building qualifications and
experience to receive a license, as demonstrated by satisfactory evidence
presented to the Board. Proof that an applicant currently holds or held, on or
before one (1) year from the date the county commission notifies the Board that
it has irrevocably elected to make the Act applicable to the Electing County, a
business or occupational license as a residential home builder in the Electing
County shall provide sufficient evidence of the applicant's building
qualifications and experience.
(f) For purposes of determining whether an applicant satisfies the experience
and ability requirements for a license under this Section 465-X-3-.04(4) of
these Rules, an applicant will be deemed to have constructed or remodeled a
residence only if:
1. The name or the trade name of the applicant or its qualifying representative
appears on the building permit issued in conjunction with the construction or
remodeling; or
2. The applicant or its qualifying representative is or, at all relevant times,
was an officer of the corporation or a general partner of the partnership that
constructed or remodeled a residence; or
3. The applicant submits to the Board a sworn statement signed by the owner of
the residence attesting to the fact that the applicant was in fact responsible
for the construction or remodeling of the residence.
(g) Any building inspector within an Electing County shall be deemed to have
satisfied the building qualifications and experience requirements under Section
5(b) of the Act by submitting an application to the Board within one (1) year
from the date the county commission of the Electing County notifies the Board of
the action of the county commission making applicable the Act that establishes
the following:
1. That the building inspector is an employee of the United States, the state of
Alabama, or any municipality, county or other political subdivision thereof and,
by virtue of that employment, is exempted or prohibited by law from holding a
license; and
2. That the building inspector either:
(i) maintains current certification from the Southern Building Code Congress
International as ONE of the following:
(I) chief building official; or
(II) deputy building official; or
(III) chief building inspector; or
(IV) building inspector; or
(V) housing inspector; or
(VI) design professional; or
(VII) plan reviewer.
or
(ii) maintains current certification from the International Code Council as ONE
of the following:
(I) certified building official; or
(II) building inspector; or
(III) residential building inspector; or
(IV) property maintenance and housing inspector; or
(V) building plans examiner; or
(VI) design professional.
or
(iii) possesses sufficient building qualifications and experience to receive a
license, as demonstrated by satisfactory evidence presented to the Board.
(5) Applicants in Washington County.
(a) Any person residing in or acting as a residential home builder in Washington
County on or before May 1, 2006, shall be deemed to have satisfied the
experience and ability requirements for licensure if such person submits an
application to the Board by March 1, 2007, and successfully completes the
requirements for licensure and satisfies the experience and ability requirements
as required for applicants residing in counties having a population of fewer
than 30,000 residents as set forth in Rule § 465-X-3-.04(4)(b), (c), (d), (e),
(f), and (g).
(6) Out of State License Holders. Any applicant holding a valid license as a
residential home builder issued by a jurisdiction outside the state of Alabama
shall be deemed to have satisfied the experience and ability requirements for
licensure only upon a determination by the Board that:
(a) the licensing requirements of the other jurisdiction are substantially
similar to those of Alabama; and
(b) the other jurisdiction exempts Alabama licensees from any examination
(testing experience and ability) requirements imposed on residential home
builders in that jurisdiction.
(7) Inactive Licenses.
(a) Any licensee who desires to receive an inactive license shall make and file
with the Board an accurate, complete, notarized, written application for an
inactive license on a form prescribed by the Board prior to the expiration of
the current license. The application shall be accompanied by the payment of the
annual inactive license fee required by the Board and any other fees required by
these rules. After the Board accepts the application, the application may be
reviewed by the Board at the next scheduled Board meeting.
(b) Any building official or building inspector who desires to receive an
inactive license shall make and file with the Board 30 days prior to the next
meeting of the Board an accurate, complete, notarized, written application for
an inactive license on a form prescribed by the Board. After the Board accepts
the application, the applicant may be examined by the Board at its next Board
meeting as set out in Code of Ala. 1975, § 34-14A-7(d)(2). Maintaining ICC
certification as a certified building official, building inspector, residential
building inspector, property maintenance and housing inspector, or building
plans examiner, or maintaining a license/certification as a design professional,
shall be considered to be sufficient proof of building qualifications,
experience and ability to receive an inactive license.
(c) No act for which a license is required may be performed under an inactive
license. In the event a person holding a current inactive license applies for a
license, he or she may rely upon his or her inactive license as evidence of the
experience and ability requirements for licensure under subdivisions (1) and (2)
of subsection (a) of Code of Ala. 1975, § 34-14A-7 and subparagraph (d) of
paragraph (2) of this regulation.
(8) Applicants Holding Expired Licenses Less Than Three Years Old.
(i) Any licensee who desires to reactivate an expired license less than three
years old shall make and file with the Board 30 days prior to the next meeting
of the Board an accurate and complete written application on a form prescribed
by the Board to reactivate the expired license. The application shall be
accompanied by the application fee, the Homeowners' Recovery Fund fee, and any
other fees required by these rules. After the Board accepts the application, the
applicant may be reviewed by the Board at the next scheduled Board meeting. An
applicant holding an expired license who files such an application within three
years from the date of expiration of the license shall be deemed to have
satisfied the experience and ability requirements for licensure provided there
are no pending disciplinary problems with the applicant and all other licensing
requirements have been met.
(ii) For an individual applicant to be considered an applicant holding an
expired license, the applicant must hold an expired license in his individual
capacity. For a partnership, corporation, or limited liability company applicant
to be considered an applicant holding an expired license, the applicant must
hold an expired partnership, corporation, or limited liability license with the
same designated qualifying representative as the applicant applying for
reactivation.
(iii) In addition, applicants who have been denied a license, or whose license
has been revoked or suspended, or who have pending disciplinary problems, are
not considered applicants holding an expired license.
(9) Applicants Holding a Denied License Less Than Three Years Old.
(a) Any applicant whose license has been denied and who desires to receive a new
license shall make and file with the Board 30 days prior to the next meeting of
the Board an accurate, complete, notarized written application on a form
prescribed by the Board with the Executive Director and satisfy the criteria set
forth in 465-X-3-.04(2)(b), (c), (e), (f), (g) and (h) as applicable. The
application shall be accompanied by the application fee, the recovery fund fee,
and any other fees required by these rules. After the Board accepts the
application, the applicant may be reviewed by the Board at the next scheduled
Board meeting. An applicant whose license has been denied and who files such an
application and is issued a new license within three years from the year of
denial of the previous license shall be deemed to have satisfied the experience
and ability requirements for licensure.
Authors: David R. Boyd, Dorman Walker, Lois Woodward, Anna C. Northington, Beth
Acker, Kathy Perry Brasfield.
Statutory Authority: Code of Ala. 1975, §§ 34-14A-5, 34-14A-6, 34-14A-7,
34-14A-11.
History: Filed March 22, 1993. New Rule: Filed May 12, 1993, effective June 16,
1993. Amended: Filed February 11 1994; effective March 18, 1994. Emergency
Amendment: Filed June 20, 1994. Amended: Filed September 23, 1994; effective
October 28, 1994. Amended: Filed April 2, 1997; effective May 7, 1997. Amendment
and Emergency Amendment filed October 1, 1997; Emergency Amendment effective
October 1, 1997. Amendment and Emergency Amendment filed October 27, 1997;
Emergency Amendment effective October 27, 1997. Amendment and Emergency
Amendment filed October 27, 1997; Emergency Amendment effective October 27,
1997. Amendment filed November 12, 1997. Amended: Filed January 30, 1998;
effective March 4, 1998. Amended: Filed September 4, 1998; effective October 9,
1998. Amended: Filed June 4, 1999; effective July 9, 1999. Amended: Filed May 6,
2002; effective June 10, 2002. Amended: Filed April 2, 2004; effective May 7,
2004. Amended: Filed June 4, 2004; effective July 10, 2004. Amended: Filed
November 4, 2004; effective December 9, 2004. Amended: Filed December 9, 2004;
effective January 13, 2005. Amended: Filed February 7, 2005; effective March 14,
2005. Amended: Filed August 4, 2006; effective September 8, 2006.
BACK TO TOP
465-X-3-.05 [Repealed effective June 20, 1994]
BACK TO TOP
465-X-3-.06 Annual License Renewal, Consequence Of
Failure To Renew.
(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 timely renewed by the licensee.
(2) To renew a license, the licensee must timely file a complete and accurate
annual license renewal application with the Executive Director, and satisfy the
criteria set forth in 465-X-3-.04(2)(b), (c), (e), (f), (g), and (h), as
applicable. If a licensee changes its address or telephone number during the
license year, the licensee promptly must notify the Board of the new address and
new telephone number. Annual license renewal applications must be filed by
November 30 of the year preceding the year for which the license is to be
renewed. Any renewal applications postmarked on December 1 or thereafter will be
considered late.
(3) To renew an inactive license, the inactive licensee must timely file a
complete and accurate annual inactive license renewal application with the
Executive Director, and satisfy the criteria set forth in 465-X-3-.04(6)(a),
(b), and (c), as applicable. If an inactive licensee changes its address or
telephone number during the license year the inactive licensee promptly must
notify the Board of the new address and new telephone number. Annual inactive
license renewal applications must be filed by November 30 of the year preceding
the year for which the inactive license is to be renewed. Any inactive renewal
applications postmarked on December 1 or thereafter will be considered late.
(4) A license holder who fails to file the annual license renewal application, or the annual inactive license renewal application, by December 31 of the calendar year for which the license was issued shall no longer be licensed as a residential home builder, after December 31 of the calendar year for which the license was issued.
Authors: David R. Boyd, Dorman Walker, Lois Woodward, Anna C. Northington, Beth Acker, Kathy Perry Brasfield
Statutory Authority: Code of Ala. 1975, §§ 34-14A-5, 34-14A-7.
History: Filed March 22, 1993. New Rule: Filed May 12, 1993, effective June 16, 1993. Emergency Amendment: Filed June 20, 1994. Amended: Filed September 23, 1994; effective October 28, 1994. Amended: Filed April 2, 1997; effective May 7, 1997. Amendment and Emergency Amendment filed October 1, 1997; Emergency Amendment effective October 1, 1997. Amended: Filed January 28, 1998; effective March 4, 1998. Amended: Filed August 4, 1998; effective September 8, 1998. Amended: Filed November 2, 2001; effective December 7, 2001.
Amended: Filed May 6, 2002; effective June 10, 2002.
Amended: Filed June 4, 2004; effective July 10, 2004. Amended:
Filed November 4, 2004; effective December 9, 2004.
BACK TO TOP
465-X-3-.07 [Repealed effective October 1, 1997]
BACK TO TOP
465-X-3-.08 Replacement Licenses. The
Board shall issue a replacement license, upon application, to a licensee who shows by
notarized statement that:
(1) the licensee's current license has been stolen, taken, lost, destroyed, defaced, or
(2) the licensee's name has been changed by marriage or court order, if the licensee is
an individual, or by changing the name of the sole proprietorship, partnership, or
corporation, if the license is issued in the name of such an entity. Where such a name
change occurs, the license issued under the licensee's former name shall expire 60 days
after the name change occurs, unless within that 60-day period the licensee obtains a
replacement license bearing the licensee's correct name. When the replacement license is
issued to accommodate a name change, the originally issued license must be returned to the
Board as a condition of the issuance of the new license.
Authors: David R. Boyd, Dorman Walker, Lois Woodward
Statutory Authority: Code of Ala. 1975, §§ 34-14A-1, 34-14A-5,
34-14A-7, 34-14A-11.
History: Filed March 22, 1993. New Rule: Filed
May 12, 1993, effective June 16, 1993. Emergency Amendment: Filed
June 20, 1994. Amended: Filed September 23, 1994; effective
October 28, 1994.
BACK TO TOP
465-X-3-.09 Examinations. In examining an applicant, the Board shall consider the
applicant's experience, ability, character, business-related financial condition, ability
and willingness to serve the public and to conserve the public's health and safety, and
any other pertinent information needed for the Board to determine whether the applicant is
qualified to receive a license as a residential home builder. The Board may rely on oral
and written examinations (testing experience and ability, conducted either by the Board or
a third party under contract with the Board), its review of the application and related
materials filed by the applicant, any references or information regarding the applicant or
its qualifying representatives, or any combination thereof in determining whether to issue
a license. Any written examinations (testing experience and ability, conducted either by
the Board or a third party under contract with the Board) required for a license as a
residential home builder shall be given at least quarterly at a place or places designated
by the Board. An applicant has three (3) years from the year he or she receives a passing
score on any written examination (testing experience and ability, conducted either by the
Board or a third party under contract with the Board) within which to file a written
application for license with the Board. At the expiration of the three (3) year period, if
an applicant has not filed an application for and obtained a license, the applicant shall
be required to retake and receive a passing score on any written examination (testing
experience and ability, conducted either by the Board or a third party under contract with
the Board) before a license will be issued.
Authors: David
R. Boyd, Dorman Walker, Lois Woodward, Beth Acker, Kathy Perry Brasfield.
Statutory Authority: Code of Ala. 1975, § 34-14-7,
34-14-11.
History: Filed March 22, 1993. New Rule: Filed May 12,
1993, effective June 16, 1993. Emergency Amendment: Filed
June 20, 1994. Amended: Filed September 23, 1994;
effective October 28, 1994. Amendment and Emergency Amendment filed October 1,
1997; Emergency Amendment effective October 1, 1997. Amended: Filed
January 28, 1998; effective March 4, 1998. Amended: Filed June 4, 1999;
effective July 9, 1999.
BACK TO TOP
465-X-3-.10 Denial Of License.
(1) Grounds for Denial. The
following shall constitute grounds on which the Board may deny an application for a
license:
(a) Applicant's failure to meet
any requirement or standard established by the Act or the rules adopted by the Board.
(b) False representations of
facts on an application for licensure or renewal thereof.
(c) Applicant's having another
person appear in the applicant's place for the licensing exam.
(d) Applicant's following a
course of conduct that would be grounds for discipline under the Act or the rules adopted
by the Board.
(e) The revocation, suspension or
probationary status of the applicant's license in another state.
(f) Disciplinary action pending
against the applicant in another state.
(g) Any other reasons authorized
by law.
(2) Notice of denial. The Board
shall give any applicant whose application for licensure or renewal is denied written
notice specifying in detail the reason for the denial.
(3) Reexamination and
Reconsideration.
(a) An applicant denied a license
shall be given an opportunity to be reexamined after filing a new application and paying
an additional application fee; provided, however, the Board in its discretion may waive
any application requirements regarding the filing of any additional forms or the payment
of any additional fees.
(b) An applicant denied a license
shall be given an opportunity to be reexamined after filing a new application and paying
an additional application fee; provided, however, any applicant denied a license shall not
be required to sit for and pass any written examination (testing experience and ability
conducted either by the Board or a third party under contract with the Board) if
application for a new license is made and a new license is issued within three years from
the year the previous license was denied and the applicant has met all other requirements
for licensure.
(c) An applicant who claims to
have been wrongfully denied a license may request reconsideration of the Board's decision
at any time within 45 days after the date of the Board's notice of denial. This request
for reconsideration must be in writing and must include evidence that the Board 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 the Board,
or a committee thereof, in order to present the request. Applicants requesting
reconsideration of denial shall be notified of the opportunity to appear before the Board
by letter, mailed certified mail, return receipt requested, to the most recent address on
file with the Board at least 15 days prior to the scheduled date of the hearing. In the
event an applicant receives less than 15 days notice as described herein, the Board may
grant a continuance until the next hearing date.
Authors: David
R. Boyd, Dorman Walker, Lois Woodward, Kathy Perry Brasfield.
Statutory Authority: Code of Ala. 1975, § 34-14A-5,
34-14A-7, 34-14A-8, 34-14A-11.History: Filed March 22, 1993. New
Rule: Filed May 12, 1993, effective June 16, 1993.Amended:
Filed September 4, 1998; effective October 9, 1998. Amended: Filed June
4, 1999; effective July 9, 1999.
BACK TO TOP
465-X-3-.11 Continuing Qualification. An
individual residential home builder or building inspector shall be deemed to have
satisfied the experience and ability requirements for licensure if such builder
(1) satisfied the requirements of 465-X-3-.04(3) of these Rules, and
(2) since June 16, 1994, continuously has been licensed as a residential home
builder or has served as a qualifying representative of a licensed residential home
builder, or any combination thereof.
If such an individual later chooses to apply for another license, that individual may
reply upon this continuing status as either a licensee or qualifying representative to
evidence satisfaction of the experience and ability requirements for licensure, but also
must comply with all other licensure requirements.
EXAMPLES:
(i) Davis applied for and received an individual license as a residential home builder
by June 16, 1994, and maintained that license through December 1996. In
November 1996, Davis Builders, Inc., a corporation of which Davis is an officer,
applies for a license, designating Davis as its qualifying representative. Davis Builders,
Inc., may rely on Davis' continuing status as a licensee to fulfill the experience and
ability requirements for licensure. Davis Builders, Inc., however, will have to satisfy
all other requirements for licensure, including, without limitations, the financial
responsibility requirement.
(ii) Alabama Builders, Inc., applied for and received a license by
June 16, 1994, and maintained that license until December 31, 1996.
Throughout that period, Johnson served as the corporation's qualifying representative. In
November 1996, Johnson applies for an individual license. Johnson may rely on his or
her continuing status as the corporation's qualifying representative to fulfill the
experience and ability requirements for licensure. Johnson, however, will have to satisfy
all other requirements for licensure, including, without limitations, the financial
responsibility requirement.
(iii) Acme Building Company, a partnership, applied for and received a license by
June 16, 1994, and maintained that license until December 31, 1995.
Throughout that period, Smith served as the partnership's qualifying representative. In
November 1995, Smith applied for and received an individual license, relying on
service as the partnership's qualifying representative to satisfy the experience and
ability requirements for licensure. In November 1996, Superior Builders, Inc., a
corporation of which Smith is an officer, applied for a license. Superior Builders, Inc.
may rely on Smith's continuing status as a qualifying representative and then a licensee
to fulfill the experience and ability requirements for licensure. Superior Builders, Inc.,
however, will have to satisfy all other requirements for licensure, including without
limitation, the financial responsibility requirement.
(iv) William applied for and received an individual license by June 16, 1994.
In December 1994, he began work as an employee of Quality Builders, Inc., and continued
working for that company until September 1996. During his employment by Quality
Builders, Inc., William neither maintained an individual license nor served as the
company's qualified representative. In October 1996, William applied for an
individual license. Because William did not maintain an individual license or serve as a
qualifying representative for a licensee during the period from January 1995 to
October 1996, William will not be deemed to have satisfied the experience and ability
requirements for licensure and will be required to be examined.
Authors: David R. Boyd, Lois Woodward
Statutory Authority: Code of Ala. 1975, §§ 34-14A-5, 34-14A-7,
34-14A-11.
History: Emergency Rule: Filed June 20, 1994. New Rule: Filed
September 23, 1994; effective October 28, 1994.
BACK TO TOP
465-X-3-.12 Continuing Qualification for Applicants in Counties
Having Populations of Less Than 30,000.
(1) An individual residential home builder or building
inspector residing in or acting as a residential home builder in a county
having a population of less than 30,000, the county commission of which has
irrevocably elected to make applicable the Act, shall be deemed to have
satisfied the experience and ability requirements for licensure if such
builder or building inspector
(a) satisfied the requirements of 465-X-3-.04(4) of these Rules, and
(b) since one year from the date the county commission of the Electing
County notified the Board of the action of the county commission making
applicable the Act, continuously has been licensed as a residential home
builder or has served as a qualifying representative of a licensed
residential home builder, or any combination thereof.
(2) If such an individual later chooses to apply for another license, that
individual may rely upon this continuing status as either a licensee or
qualifying representative to evidence satisfaction of the experience and
ability requirements for licensure, but also must comply with all other
licensure requirements.
EXAMPLES:
(i) Adams resides in a county with a population of fewer than 30,000
residents. On August 1, 1999, the county commission of said county
irrevocably elected to make the Act applicable to the county and properly
notified the Board of the election on August 5, 1999. Adams, a resident of
said county, applied for and received an individual license as a residential
home builder on January 1, 2000, and maintained that license through
December 2000. In November 2000 Adams Builders, Inc., a corporation of which
Adams is an officer, applies for a license, designating Adams as its
qualifying representative. Adams Builders, Inc. may rely on Adams continuing
status as a licensee to fulfill the experience and ability requirements for
licensure. Adams Builders, Inc., however, will have to satisfy all other
requirements for licensure, including, without limitations, the financial
responsibility requirement.
(ii) Baker Builders, Inc. conducts business in a county with a population of
fewer than 30,000 residents. On August 1, 1999, the county commission of
said county irrevocably elected to make the Act applicable to the county and
properly notified the Board of the election on August 5, 1999. Baker
Builders, Inc. applied for and received a license on October 1, 1999, within
one (1) year from the date the county commission notified the Executive
Director, in writing, of the election making applicable the Act. Baker
Builders, Inc. maintained the license until December 31, 2000. Throughout
that period, Smith served as the designated qualifying representative. In
November 2000, Smith applies for an individual license. Smith may rely on
his or her continuing status as the qualifying representative of Baker
Builders, Inc., to fulfill the experience and ability requirements for
licensure. Smith, however, will have to satisfy all other requirements for
licensure, including, without limitations, the financial responsibility
requirement.
(iii) Ace Building Company, a partnership, conducts business in a county
having a population of fewer than 30,000 residents. On August 1, 1999, the
county commission of said county irrevocably elected to make the Act
applicable to the county and properly notified the Board of the election on
August 5, 1999. Ace Building Company, a partnership, applied for and
received a license on or before August 5, 2000, and maintained that license
until December 31, 2001. Throughout that period, Jones served as the
partnership's designated qualifying representative. In November 2001, Jones
applied for and received an individual license, relying on service as the
partnership's qualifying representative to satisfy the experience and
ability requirements for licensure. In November 2002, Superior Builders,
Inc., a corporation of which Jones is an officer, applied for a license.
Superior Builders, Inc. may rely on Jones' continuing status as a qualifying
representative and then a licensee to fulfill the experience and ability
requirements for licensure. Superior Builders, Inc., however, will have to
satisfy all other requirements for licensure, including without limitation,
the financial responsibility requirement.
(iv) Bill resides in a county having a population of fewer than 30,000
residents. On August 1, 1999, the county commission of said county
irrevocably elected to make the Act applicable to the county and properly
notified the Board of the election on August 5, 1999. Bill applied for and
received an individual license by August 1, 2000. In December 2000, he began
work as an employee of Best Builders, Inc., a licensed entity, and continued
working for Best Builders, Inc. until September 2003. During his employment
by Best Builders, Inc., Bill neither maintained an individual license nor
served as the company's qualifying representative. In October 2005, Bill
applied for an individual license. Because Bill did not maintain an
individual license or serve as the qualifying representative for a licensee
during the period from January 2001, to October 2005, Bill will not be
deemed to have satisfied the experience and ability requirements for
licensure and will be required to sit for and pass the written examination
testing experience and ability and meet all other requirements for
licensure.
Authors: Kathy Perry Brasfield
Statutory Authority: Code of Ala. 1975, § 34-14A-5.
History: Original Rule Filed: June 4, 1999; effective July 9, 1999.
Amended: Filed August 4, 2006; effective September 8, 2006.
BACK
TO TOP
465-X-3-.13
Continuing Qualification for
Applicants in Washington County
(1) An individual residential home builder or building
inspector residing in or acting as a residential home builder in Washington
County, shall be deemed to have satisfied the experience and ability
requirements for licensure if such builder or building inspector
(a) satisfied the requirements of 465-X-3-.04(4) of these Rules, and
(b) since March 1, 2007, continuously has been licensed as a residential
home builder or has served as a qualifying representative of a licensed
residential home builder, or any combination thereof.
(2) If such an individual later chooses to apply for another license, that
individual may rely upon this continuing status as either a licensee or
qualifying representative to evidence satisfaction of the experience and
ability requirements for licensure, but also must comply with all other
licensure requirements.
Authors: Kathy Perry Brasfield
Statutory Authority: Code of Ala. 1975, §§ 34-14A-5, 34-14A-6.
History: Original Rule Filed: August 4, 2006; effective September 8,
2006.
|
