2006 Alabama Code - Section 34-14A-5 — Licenses required; exceptions; fees.

(a) All residential home builders shall be required to be licensed by the Home Builders Licensure Board annually except that any person engaged in residential home building on or before January 1, 1992, shall be duly licensed by the board, without examination, after paying the required annual fee and submitting to the board, within a period of twelve months after the board is established, one of the following:

(1) An affidavit showing that the residential home builder has constructed a minimum of one residence as defined herein within the year prior to January 1, 1992, or five residences within the previous five years.

(2) Satisfies the board of his or her building qualifications and experience.

(3) Is currently licensed as a residential home builder by a jurisdiction in this state which requires an examination for licensure.

(4) Is a currently licensed residential remodeler by a jurisdiction in this state, who by his or her personal affidavit can establish that his or her business did a gross remodeling dollar volume in the previous calendar year of two hundred fifty thousand dollars ($250,000) or more.

(b) Any person engaged in residential home building in a county in which the county commission has irrevocably elected, pursuant to Section 34-14A-6, to have the county covered by this chapter, shall be duly licensed by the board, without a written examination testing his or her experience and ability, by meeting the licensing requirements set out in Section 34-14A-7, by paying the required annual fee, and by submitting to the board, within one year from the date the county commission of the electing county notifies the board of the action of the county commission making applicable this chapter, any one of the following:

(1) An affidavit showing that the residential home builder has constructed a minimum of one residence as defined herein within the year prior to the date the county commission notifies the board of its irrevocable election to make this chapter applicable to the electing county or at least five residences within the previous five years.

(2) Satisfies the board of his or her building qualifications and experience.

(3) Is currently licensed as a residential home builder by a jurisdiction in this state which requires an examination for licensure.

(4) Is currently licensed as a residential remodeler by a jurisdiction in this state, who by his or her personal affidavit can establish that his or her business did a gross remodeling dollar volume of two hundred fifty thousand dollars ($250,000) or more in the year prior to the date the county commission notified the board of its irrevocable election to make this chapter applicable to the electing county.

(c) Except as provided in this chapter, all licenses shall be issued or renewed upon the payment to the board of the annual license fee. The annual license fee shall be set by the board after it considers its cost of operation. The annual fee may be increased or decreased by the board but in no event shall the board set the annual fee at an amount which would not provide sufficient revenues to pay all the salaries, costs, and expenses incurred by the board in enforcing this chapter. The board may charge application processing fees, inactive license fees, and late fees. The inactive fees may be waived for building officials. The board may, upon request in writing, refund fees, except the application processing fee, paid by an applicant who is denied a license or who fails to complete the application process. No fees shall be refunded to a licensee as a result of a license revocation. The annual license fee shall be for a period of twelve months beginning January first of each year. All license fees collected by the board shall be paid into the State Treasury to the credit of the Home Builders Licensure Board Fund and its funds shall be subject to withdrawal only upon warrant of the state Comptroller to be issued upon certification of the secretary/treasurer of the board.

(d) Any funds remaining in the State Treasury to the credit of the Home Builders Licensure Board Fund at the end of each year shall be paid into the General Fund of the state on or before January 15, in each succeeding year, except that should the board exercise its authority to establish the Homeowner's Recovery Fund as provided in this chapter, any funds remaining in the State Treasury to the credit of the Home Builders Licensure Board Fund shall be paid into the Homeowner's Recovery Fund of the board. The board is authorized, at all times, to retain a sum not in excess of two hundred fifty thousand dollars ($250,000) to meet any emergency that may arise which may affect its efficient operation.

(e) No funds shall be withdrawn or expended except as budgeted and allocated according to Sections 41-4-80 to 41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, and only in amounts as stipulated in the general appropriations bill or other appropriations bills.

(Acts 1992, No. 92-608, p. 1282, §5; Acts 1997, No. 97-250, p. 457, §3; Act 2002-72, p. 163, §1.)