Ala. Code § 34-14A-2

Current through the 2024 Regular Session.

Section 34-14A-2 - Definitions

As used in this chapter, the following terms have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) ADVERTISING. Engaging or offering to engage in any acts or services as a residential home builder by the act or practice of offering for sale professional services by promoting those services through print, radio or television media, on billboards, through social media, through promotional sponsorships, on vehicles, by the placement of signs in front of ongoing or completed worksites, or by displaying credentials, including licensure, to perform residential home building.

(2) ALABAMA RESIDENTIAL BUILDING CODE. The code adopted by the board, as amended by the board, and based on a published edition of the International Residential Code, and the residential chapters of a published edition of the International Energy Conservation Code.

(3) APPLICABLE RESIDENTIAL BUILDING CODE. The Alabama Residential Building Code or a local residential building code adopted by a county or municipality, pursuant to this chapter, where the construction, renovation, or repairs will take place.

(4) BOARD. The Home Builders Licensure Board.

(5) COST OF THE UNDERTAKING. The total cost of the materials, labor, supervision, overhead, and profit.

(6) COUNCIL. The Alabama Residential Building Code Advisory Council.

(7) DIVISION. The Alabama Residential Building Code Division.

(8) HOMEOWNER. A person who owns and resides in or intends to reside in a structure constructed or remodeled by a licensee of the board, or who contracts with a licensee for the purchase, construction, repair, improvement, or reimprovement of a structure to be used as a residence.

(9) IMPROVEMENT. Any site-built addition or enhancement attached to or detached from a residence or structure for use and enjoyment by the homeowner.

(10) INACTIVE LICENSE. A license issued at the request of a licensee, or a building official or a building inspector, that is renewable, but that is not currently valid.

(11) LICENSE. Any license issued by the board pursuant to this chapter.

(12) LICENSEE. A holder of any license issued pursuant to this chapter.

(13) PERSON. Any individual, limited or general partnership, corporation, association, limited liability company, or other legal entity, or any combination thereof.

(14) QUALIFYING REPRESENTATIVE. The individual designated by a general partnership, limited partnership, corporation, limited liability company, or not-for-profit organization applying for a license who either holds a license individually or meets the experience and ability requirements for licensure, and who is one of the following:

a. A general partner in the case of any partnership.

b. An officer in the case of a corporation.

c. A member in the case of a member-managed limited liability company.

d. A manager in the case of a manager-managed limited liability company.

e. An individual who is affiliated with one of the member entities of a limited liability company and who has been identified and authorized through the operating agreement to manage day-to-day operations as it relates to operations of the limited liability company for purposes of licensure.

(15) RESIDENCE. A single unit providing complete independent residential living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

(16) RESIDENTIAL HOME BUILDER. A person who constructs a residence or structure for sale or who, for a fixed price, commission, fee, or wage, undertakes or offers to undertake the construction or superintending of the construction, or who manages, supervises, assists, or provides consultation to a homeowner regarding the construction or superintending of the construction, of any residence or structure that is not over three floors in height and that does not have more than four residential units, or the repair, improvement, or reimprovement thereof, to be used by another as a residence when the cost of the undertaking exceeds ten thousand dollars ($10,000). Notwithstanding the foregoing, the term includes a residential roofer when the cost of the undertaking exceeds two thousand five hundred dollars ($2,500). Nothing herein shall prevent any person from performing these acts on his or her own residence or on his or her other real estate holdings. Anyone who engages or offers to engage in any acts described in this subdivision, through advertising or otherwise, shall be deemed to have engaged in the business of residential home building.

(17) RESIDENTIAL ROOFER. A person who installs products or repairs surfaces on the external upper covering of a residence or structure that seals, waterproofs, or weatherproofs the residence or structure.

(18) STRUCTURE. A residence on a single lot, including a site-built home, a condominium, a duplex or multi-unit residential building consisting of not more than four residential units, or any improvement thereto.

(19) TRANSACTION. The act of entering into a contract with a licensee to engage in the business of residential home building.

Ala. Code § 34-14A-2 (1975)

Amended by Act 2024-443,§ 2, eff. 10/1/2024.

Amended by Act 2019-482,§ 1, eff. 9/1/2019.

Amended by Act 2018-143,§ 1, eff. 5/1/2018.

Acts 1992, No. 92-608, p. 1282, §2; Acts 1997, No. 97-250, p. 457, §3; Act 2002-72, p. 163, §1; Act 2006-105, p. 136, §1.