NOTICE OF INTENDED ACTION

PROPOSED RULES CHANGE

230-X-1-.32 CERTIFICATE OF INSURANCE REPEALED
(1) As part of their renewal application, all applicants for renewal of their license must demonstrate that they carry current policies of insurance with appropriate limits of liability for automobiles, trucks, and other vehicles as appropriate to the operation of the particular concern, workman's compensation, public liability insurance or any other form of insurance reasonably required to conduct business of the sort conducted by applicants. Certification that such insurance is in force at the time of filing the application for licensure shall be shown by completion of insurance company personnel on a form supplied by the Board and submitted with application. 
History:Filed July 2, 1992
Amended:July 29, 1993
Repealed:May 20, 2003, Published June 30, 2003-06-19
Editor's Note:Rule 230-X-1-.32 Ruled in Conflict with the General Contractor's Law.


230-X-1-.34 LICENSE AND EXAMINATION Proposed New Rule
Beginning with applicants for licensure whose applications are received after March 24, 2003, an examination(s) must be successfully completed before a license will be issued.

If the application is satisfactory to the board, then the applicant is entitled to an examination to determine the applicant’s qualifications. This examination may be written and/or oral. The board is entitled to charge each applicant an examination fee as set by the board for each written and/or oral examination.

Employees registering as the qualifying party for an applicant must be in full-time employment for 90 consecutive days immediately preceding the examination. Said employee shall be prepared to execute an affidavit furnished by the Board at the time he/she takes the examination giving length of employment, social security number, and evidence of his/her eligibility by furnishing cancelled payroll checks representing three preceding months. 

Each qualifying party shall provide all prior affiliations with a licensed contractor (s) and shall disclose whether or not he/she has been involved in sanctions levied against such contractor (s). 

The following persons must obtain a successful score on the examination to obtain a certificate authorizing the applicant to operate as a contractor. 
(a) For a sole proprietorship - the individual owner or full time employee with a written power of attorney who is in responsible supervision of the business management and construction practices;
(b) For any partnership – a general partner or a full time employee with written power of attorney who is in responsible supervision of the business management and construction practice; 
(c) For any corporation – a major stockholder or a full time employee with a written power of attorney who is in responsible supervision of the business management and construction practice; 
(d) For any limited liability company – the person who is in responsible supervision of the business management and construction practice and is either manager or full time employee with a written power of attorney. 
(e) In the event that the qualifying agent in (a), (b) or (c) above leaves the employment of the business, or his or her employment status changes, written notice must be given within (10) days to the Board. 
(f) If anyone other than an individual with an ownership interest acts as qualifying agent, then an officer with an ownership interest or power of attorney must also appear along with the qualifying agent for interview before the Board. 


If the results of the examination of any applicant are satisfactory to the board, then it shall issue to the applicant a certificate authorizing the applicant to operate as a contractor in this state.The board shall state the construction classifications in which the applicant is qualified to engage in as a contractor and for each classification shall list the monetary limitations thereon as determined by the board. 

Whenever any applicant is advised to appear before the board for an interview and fails to appear at the scheduled time and place without notifying the board at least three (3) days in advance, such applicant shall pay an additional fee as set by the board before being rescheduled for interview. In the event of failure to appear for interview on three (3) separate occasions, a new application and fee are required. 

The Board will provide notice of the time, place and fees to be charged for each examination. Upon request, the Board will provide general information concerning the examination to any person who intends to be examined for licensure. 

EXEMPTIONS FROM EXAMINTIONS 
(1) Except as provided for in these regulations, all licensees who are properly licensed before January 1, 2003 and who renew their 2003 licenses by December 31, 2003, shall not be required to take an examination in order to maintain their licenses. Licensees with more than one year since last licensed will not be deemed current and will not be exempt.
(2) A contractor who is a subsidiary of a currently licensed contractor and who is making application for a license in the same classification (s) as that of the currently licensed contractor shall not be required to take an examination, provided that the majority stock holder (s) of the subsidiary applicant and the currently licensed company are the same. It is the responsibility of the currently licensed contractor to provide verification that there is no change in the employment status of the qualifying party for the original license.
(3) A licensed firm making application for a subsidiary license for the same classification (s) as those in which the licensed firm has qualified may be exempt from examination, provided that the qualifying party on record with the Board for the licensed firm making application for a subsidiary license is the same as that of the parent company. It is further provided that any subsidiaries qualifying under the terms of this section shall not be permitted to assume the position of a parent company or firm for the purpose of forming additional subsidiaries. 
(4) A qualifying party making application for a license as an individual, stockholder, or principal owner may be exempt from taking another examination for which he/she has previously taken and passed, subject to the approval of the Board. 
(5) In the event that the principals in a partnership, firm or corporation should separate or dissolve, each individual or the remaining entity may apply to the Board for license in the new name (s) without having to pass an examination so long as all requirements for licensure are otherwise met. 
(6) An applicant requesting license in a specific sub-classification where there is no technical written examination shall be examined by the Board on the experience shown on the application. 

RECIPROCITY
(1) Other States: Any applicant applying for a license whom desires that the examination portion of these rules and regulations be waived shall cause the state licensing board for general contractors of the state in which he is licensed in good standing to certify in writing that such board will grant the same waiver of such laws of that state to general contractors licensed by this Board. In addition, each board shall identify the qualifying party or parties that successfully completed the examination. 
(2). Other Boards in Alabama: If an applicant for license as a contractor is licensed by another regulatory board in this state in the same classification, sub classification or specialty classification as that for which the applicant seeks license from this Board, the Board may waive examination requirement if it is determined in its discretion that the examination given by the other board meets the requirements which would be tested by this Board’s examination. 
Statutory Authority:Code of Ala. 1973, § 34-8-2;34-8-3
History:New Rule- Proposed May 20, 2003;Published June 30, 2003






230-X-1-.35 TESTING REQUIREMENTS Proposed New RuleAn  An application for license must be filed with the board prior to exam registration. Applicants meeting prequalification are referred to the testing vendor.
 Candidates must schedule their exams to meet deadlines for board meeting agenda –15 days prior to meeting.
 Score information will be related to candidates as Pass or Fail.
 Candidates will be required to bring to the test site one government issued photo bearing ID as proof of identity.
 Candidate photos taken by the testing vendor at the beginning of the testing session will appear on the score reports provided to the board. 
 Candidates shall be allowed to use reference books while testing.
 All exams will be given on computer, except for those where ADA dictates the use of a paper-based test. 
 Testing vendor will offer exam reviews, giving candidates he opportunity to see questions missed on the exam.Fees for exam reviews are the same as for testing. 
Statutory Authority:Code of Ala. 1973, § 34-8-2;34-8-3
History:New Rule- Proposed May 20, 2003;Published June 30, 2003


230-X-1-.36 QUALIFYING PARTY Proposed New Rule
BUSINESS and LAW
OWNERSHIP OF LICENSE : A license for which a person becomes the qualifying party belongs to the entity of the licensee, as: a corporate license belongs to the corporation, a partnership license belongs to the partnership and an individual license belongs to the individual regardless of the status of the qualifying party of the entity.
AUTHORIZED TO TAKE EXAMINATION: The qualifying party (s) authorized to take the examination are: any individual contractor, co-partner or any corporate officer. Each qualifying party shall execute an affidavit furnished by the board at the time he registers for the examination stating his association and giving his social security number. If requested, he shall be prepared to show evidence of his eligibility. The qualifying party shall list all prior affiliations with a licensed contractor (s) and shall disclose whether or not any sanctions have been levied against such contractor (s). The qualifying party shall also state his and/or the contractor's involvement in such sanction. 
DISASSOCIATION of a QUALIFYING PARTY: (A). When the qualifying party terminates employment with the licensee, the State Licensing Board for General Contractors must be notified in writing, by the licensee, within 30 days of the disassociation and another party must qualify within 60 days of the disassociation or licensee will be subject to citation, suspension or revocation of license.(B).Failure to notify the board of the disassociation of a qualifying party constitutes a violation. 
Statutory Authority:Code of Ala. 1975, § 34-8-2;34-8-3
History:New Rule- Proposed May 20, 2003;Published June 30, 2003


230-X-1-.37 RECIPROCITY Proposed New Rule
Any applicant holding a license in good standing in a comparable classification in another state recognized by the respective agency as a reciprocity state may have the trade portion of the examination waived upon written certification from that state in which the applicant is licensed. The proposed qualified individual for the applicant shall be the same individual who is duly qualified for the license currently issued to the applicant by the reciprocal state licensing board. Applicants must comply with all other Alabama licensing requirements. The business law portion of the examination shall not be waived.
Statutory Authority:Code of Ala. 1975, § 34-8-2 as amended by Acts 1992,No.97-197;Acts 1996,No. 96-640; and Acts 2003
History:New Rule- Proposed May 20, 2003;Published June 30, 2003

TABLE OF CONTENTS


230-X-1-.01 Renewal Procedures
Statutory Authority: Code of Ala. 1975, 34-8-2, as amended by Acts 1991, No. 91-197; Acts 1996, No. 96-640, Section 1.
History: Filed August 31, 1997 (Amendment); Adopted December 3, 1997, Certified December 17, 1997. (Previous Rule 230-X-1-.01 filed September 16, 1982; Repealed July 2, 1992; Reinstated and amended August 22, 1996.)

230-X-1-.02 Requirements for Bid Limit
Statutory Authority: Code of Ala, 1975, 34-8-2.
History: Filed August 31, 1997 (Amendment). Adopted December 3, 1997. Certified: December 17, 1997.
Ed. Note: Previous Rule (Positive Net Worth) repealed July 2, 1992 and replaced with Minimum Net Worth/Working Capital on August 22, 1996.

230-X-1-.03 Company Continuing In Business After Death of Sole Proprietor
Statutory Authority: Code of Ala. 1975, 34-8-2.
History: Filed September 16, 1982.

230-X-1-.04 Change In Form Of Operation
Statutory Authority: Code of Ala. 1975, 34-8-2.
History: Filed September 16, 1982.
Ed. Note: A new LLC is required to file for a new license.

230-X-1-.05 Contractor/Lessee Must Have License
Statutory Authority: Code of Ala. 1975, 34-8-22.
History: Filed September 16, 1982.

230-X-1-.06 Joint Venture
Statutory Authority: Code of Ala. 1975, 34-8-22.
History: Filed September 16, 1982.

230-X-1-.07 Owner/Builder
Statutory Authority: Code of Ala. 1975, 34-8-2, 34-8-7.
History: Filed August 31, 1997(Amendment) Adopted December 3, 1997 Certified December 17, 1997
Ed. Note: Previous rule(s) 230-X-1-.07 Contractor/Owner—rule determined to be in conflict with the General Contractors law by the State Attorney General.

230-X-1-.08 Subsidiary Using Parent's Financial Statement
Statutory Authority: Code of Ala. 1975, 34-8-22.
History: Filed September 16, 1982.

230-X-1-.09 Amount Of Contract
Statutory Authority: Code of Ala. 1975, 34-8-2.
History: Filed August 31, 1997 Adopted December 3, 1997 Certified December 17, 1997 Previous ruled September 16, 1982.

230-X-1-.10 Construction Manager
Statutory Authority: Code of Ala. 1975, 34-8-2.
History: Filed August 31, 1997(Amendment) Adopted December 3, 1997 Certified December 17, 1997 Previous rule(s) filed September 16, 1982; October 19, 1992; Repealed October 19, 1992; Amended September 30, 1993.

230-X-1-.11 Repair/Maintenance
Statutory Authority: Code of Ala. 1975, 34-8-22.
History: Filed September 16, 1982. Repeal/Amendment filed August 22, 1996.

230-X-1-.12 Assembling Machinery
Statutory Authority: Code of Ala. 1975, 34-8-22.
History: Filed September 16, 1982.

230-X-1-.13 Townhouses
Statutory Authority: Code of Ala. 1975, 34-8-22.
History: Filed September 16, 1982.

230-X-1-.14 Bidding As Licensed
Statutory Authority: Code of Ala. 1975, 34-8-22.
History: Filed September 16, 1982.

230-X-1-.15 Demolition Work
History: Filed September 16, 1982.
Repealed: Filed July 2, 1992.
Ed. Note: Demolition work requires a general contractor’s license.

230-X-1-.16 Steel Buildings
Statutory Authority: Code of Ala. 1975, 34-8-22.
History: Filed September 16, 1982.

230-X-1-.17 Equipment
Statutory Authority: Code of Ala. 1975, 34-8-22.

230-X-1-.18 Debarred Applicants
Statutory Authority: Code of Ala. 1975, 34-8-22.
History: File September 16, 1982.

230-X-1-.19 Filing Financial Statements By Prime Contractors
Statutory Authority: Code of Ala. 1975, 34-8-33.
History: Filed August 31, 1997(Title Amended) Adopted December 3, 1997 Certified December 17, 1997 Previous rule(s) filed September 16, 1982; Amendment filed August 22, 1996.

230-X-1-.20 Application For License By Subsidiary
Statutory Authority: Code of Ala. 1975, 34-8-22.
History: Filed September 16, 1982.

230-X-1-.21 Bankruptcy
Statutory Authority: Code of Ala. 1975, 34-8-22.
History: Filed September 16, 1982.

230-X-1-.22 Probation, Debarment, Etc.
Statutory Authority: Code of Ala. 1975, 34-8-22.
History: Filed September 16, 1982.

230-X-1-.23 Reroofing
Repealed: Filed July 2, 1992. Filed September 16, 1982.
Amended: August 22, 1996.
Ed Note: Reroofing does require a general contractor’s license.

230-X-1-.24 Carpet Installation
Repealed: Filed July 2, 1992. Filed September 16, 1982.
Ed. Note: Carpet installation does require a general contractor’ license.

230-X-1-.25 Preparation of Financial Statement (Repealed)
Statutory Authority: Code of Ala. 1975, 34-8-22.
History: Filed September 16, 1982.
Repealed: December 17, 1997.
Ed. Note: Content of 230-X-1.25 covered by 230-X-1-.19 Filing Financial Statements

230-X-1-.26 Fifty-One Percent Regulation-Prime Contractors Only
Statutory Authority: Code of Ala. 1975, 34-8-2 (i.e. the construction of a building).
Other Authority: West Alabama Remodeling, Inc. v. Ireland 412 So. 2d 766 (Ala. 1982).
Amended: February 24, 1994.
Repealed: Filed July 29, 1994.
Amended: September 3, 1994.
Amended: December 17, 1997.

230-X-1-.27 Major Classifications
Statutory Authority: Code of ala. 1975, 34-8-2.
History: Filed July 29, 1994.
Repealed: September 3, 1994.
Ed. Note: Prime Contractors may be assigned classifications from the list of Major Classifications and/or Specialty Construction Classifications. Subcontractors will receive classification(s) from the Specialty Construction List.

230-X-1-.28 Classification of License (Repealed)
History: Filed November 6, 1993
Repealed: December 21, 1993.

230-X-1-.29 Reidentification of Contractors
Statutory Authority: Code of Alabama. 1975, 34-8-2.
History: Filed July 2, 1992.

230-X-1-.30 Repealed
Statutory Authority: Code of Ala. 1975, 34-8-2, 34-8-3
Filed: November 6, 1993.
Repealed: December 21, 1993. .

230-X-1-.31 Audit/Review/Compilation of Financial Statements Submitted By Prime Contractors
Filed: November 6, 1993
Repealed: December 21, 1993
Filed: August 31, 1993
Ed. Note: The Board does not require an audited financial statement. Applicants must employ a CPA or Licensed Public Accountant who is not directly connected with the Contractors business. Financial statements will be accepted if they are audited, reviewed or compiled by a CPA or PA approved by the Board.

230-X-1-.32 Certificate of Insurance -(NOTE - Repeal Approved/Certification Pending)
Statutory Authority: Code of Ala. 1975, 34-8-1.
History: Filed July 2, 1992.
Amended: July 29, 1993.
Ed. Note: The Standard ACord form issued by a contractors insurance company will be accepted by the Board. Repealed: Board vote to repeal/submit for Administrative Procedures 2/28/02.

230-X-1.33 Applicant's Burden to Supply All Information: Inactive Applications
Statutory Authority: Code of Ala. 1975, 34-8-2.
History: Filed July 2, 1992.



230-x-1-.01 RENEWAL PROCEDURES

The certificate of authority to engage in the business of general contracting in the State of Alabama expires on December 31 and shall become invalid on that date. All renewal applications for prime contractors and subcontractors are due thirty days prior to expiration -- December 1.

A license may be renewed by completing the board's License Renewal form. All license renewals must be accompanied by the applicant's current financial information which must be presented on forms provided by the board. Correct submission of these two forms along with the required renewal fee to the board's office on or before December 31 will renew a general contractor's license for the next year.

The board will grant an extension to Prime Contractors unable to provide reviewed, compiled or audited current financial information by the December 31 deadline. Submission of the License Renewal, together with the payment of the renewal fee, received by the board at least thirty days (December 1) prior to expiration of the license (December 31), shall serve to extend the license for ninety days (April 1). Applicants receiving the extension must submit current financial information during that ninety-day period. Any applicant failing to do so shall be assessed a $50 late penalty for license renewal after the ninety day period.

Any licensed contractor failing to file a renewal application by December 31 must re-file their application for a license along with the required application fee before a certificate of a may be issued.

Ed. Note: Act 99-199, §3 provides for the implementation of a staggered license renewal schedule for monthly renewal of licenses. The staggered renewal schedule was implemented January 1 for the 2000 license year ‘alphabetically’ with designated renewal months.
Licensees who meet the December 1 deadline and qualify for an extension must complete their renewal by the last day of their designated renewal month. Extended licensees not completing these requirements may pay the late penalty and renew up to December 31 of the same year.
Licensees not qualifying for an extension prior to expiration of their license must file a new application for license. Likewise, any extended renewal not completed during its designated month must file a new application for license if completed renewal is not received by December 31st of the license year. All licensees not holding a current license for more than one year must file a new application for license.


230-X-1-.02 REQUIREMENTS FOR BID LIMIT

(a). Minimum Net Worth/Working Capital
All applicants must have a net worth and working capital of at least $10,000 as shown by the applicant's most recent financial statement (less than one year old) in order to qualify for the lowest bid limit classification. Except for licenses qualifying as “unlimited”, an applicant’s maximum bid limit shall be set by the formula of not more than ten times either the net worth or working capital, whichever is the lesser amount.
(b). Lines of Credit to Increase Working Capital
Verification of a line of credit, from a state or federal chartered bank or savings association which has an office in Alabama, to the general contractor to increase working capital, must be submitted to the board in the format provided by the board. Lines of credit meeting board requirements will be added to the working capital shown in the contractor's financial statement.
(c). Personal Financial Statements to Increase Net Worth or Working Capital
Contractors meeting the minimum requirements of 230-X-1-.02 (a)
REQUIREMENTS FOR BID LIMITS, may submit a personal financial statement to increase their net worth or working capital. Any personal financial statement or parent company financial statement submitted for the purpose of increasing the bid limit of a license shall not include the value of the ownership which will not be considered. A personal financial statement with completed guarantee agreement as
provided by the board may be used to increase the working capital or net worth of
a contractor to increase a bid limit by one step. All personal financial statements
must be signed by both husband and wife and notarized. The following applies
according to the entity holding the general contractors license:

Sole Proprietor: A notarized guarantee agreement (signed by both husband and wife) with a personal financial statement prepared by a CPA will be considered to increase a bid limit by one step. Note: A sole proprietor may submit a personal financial statement only when personal items (home, furnishings, etc.) are not included on the applicant's business statement.
Partnerships: A notarized guarantee agreement (signed by both husband and wife) and personal financial statement prepared by a CPA and submitted by any partner(s) will be considered to increase the bid limit of the partnership by one step.

Corporations: A parent company's financial statement or a personal financial
statement prepared by a CPA for a major stockholder(s) of the corporation may be submitted to increase the bid limit of the corporation by one step. All personal financial statements must be submitted with a notarized guarantee agreement (signed by both husband and wife). The guarantee agreement submitted with a parent company's financial statement must be signed by a majority stockholder of the parent company and notarized.

Ed. Note: General contractors must demonstrate a minimum net worth and working capital of $10,000 to qualify for a bid limit. Provisions to increase net worth or working capital will only be accepted after the $10,000 minimum requirement is met.


230-X-1-.03 COMPANY CONTINUING IN BUSINESS AFTER DEATH OF SOLE PROPRIETOR

If a company is licensed as a sole proprietorship and the sole proprietor dies, the company can continue to operate long enough to finish work on hand. Before any new work commences, a new license must be obtained.


230-X-1-.04 CHANGE IN FORM OF OPERATION

If a licensee changes its method of operation, i.e. individual, partner-ship, or corporation, the licensee must file for a new license.

Ed. Note: If a new entity if formed, such as changing from a Corporation to a Limited Liability Corporation, the new entity must apply for a license.


230-X-1-.05 CONTRACTOR/LESSEE MUST HAVE LICENSE

A contractor may not be exempt from having a license just because he is building his own store in a shopping center, as this is leased property and he does not own the land.


230-X-1-.06 JOINT VENTURE

In cases of joint venture, all parties to the joint venture must be licensed at the time the bid is submitted and must have the same classification. Bid limits can be added together


230-X-1-.08 SUBSIDIARY USING PARENT'S FINANCIAL STATEMENT

A subsidiary is a separate legal entity from its parent company and cannot use a financial statement of its parent company other than to go one step higher in the bid limit classification. The subsidiary must first reach its bid limit on its own financial statement.

Ed. Note: A subsidiary that is unable to meet the minimum $10,000 requirement for their net worth and working capital cannot use a parent company statement to do so.


230-X-1-.09 AMOUNT OF CONTRACT

In determining the amount of a contract, labor and materials cannot be separated. A contract cannot be divided into separate parts to evade the contractor's law. Any division of a contract into parts of less than $50,000 when combined is $50,000 or more, will be treated as one contract totaling the amount of these parts when combined.


230-X-1-.10 CONSTRUCTION MANAGER

(1) In order to perform as a construction manager, a person must be licensed as such. The provisions of the Fifty-One Percent Regulation, 230-X-1-.26, do not apply to Construction Managers.

(2) An owner must utilize properly licensed prime contractors on any project involving a Construction Manager where the work would have to be performed by a licensed prime contractor in the absence of the Construction Manager.

(3) The duties and responsibilities of the Construction Manager should be defined in the contract between the owner and the Construction Manager; provided however, the contract between the owner and the Construction Manager must require that the Construction Manager supervise the construction of the project.


230-X-1-.11 REPAIR/MAINTENANCE

Repair and maintenance requires a license to comply with General Contractors Law as amended 1996 Regular Session of the Alabama Legislature.

Ed. Note: Legislative amendments passed during 1996 and 1999 Regular Session


230-X-1-.12 ASSEMBLING MACHINERY

The assembling of machinery is not considered to be construction.


230-X-1-.13 TOWNHOUSES

Townhouses are considered a single-family dwelling and are exempt from the contractors’ law. unless more than four (4) units are being built, then a general contractors license is required.

Ed. Note: A general contractors license is required when construction of more than four (4) units is being built.


230-X-1-.14 BIDDING AS LICENSED

(1) All contractors shall bid and perform work in the name which appears on the official records of the State Licensing Board for General Contractors for the current license.

(2) All contractors shall place their license number on the outside of the envelope containing the contractors’ bid when bids are sealed, for the bid to be valid.

(3) All owners, architects or engineers must reject all sealed bids that are submitted without the contractors’ General Contractor’s license number on the outside of the envelop or he/she/it shall be guilty of the offenses as set out in §34-8-8(b).

Ed. Note: Legislative amendments to §34-8-8 of the General Contractors Licensing Law requires proof of license at the time of bid.


230-X-1-.15 DEMOLITION WORK

Demolition work requires a general contractors license.


230-X-1-.16 STEEL BUILDINGS

If the dealer delivers to the site and does no erection, he is considered a vendor. If he erects the building he is considered a contractor.

Ed. Note: The cost of the materials is considered in determining if the project is $50,000 or more regardless of who furnishes such materials (i.e., owner or prime contractor).


230-X-1-.17 EQUIPMENT

Installation of equipment that becomes permanent improvements to the building requires a license.

Ed. Note: Contract amount is determined by the cost of labor and materials as well as cost of installed equipment whether furnished by the owner or a prime contractor.


230-X-1-.18 DEBARRED APPLICANTS

No application will be considered by the Board while the applicant is debarred by the Federal Highway Administration.


230-X-1-.19 FILING OF FINANCIAL STATEMENTS BY PRIME CONTRACTORS

A licensee who renews on or before December 1 by submitting a renewal application and $200 renewal fee, but does not submit current financial information, may be granted an extension of time for filing same until April 1, but no longer. The board considers "current financial information"as being no more than one year old, prepared by a CPA, and submitted on the board's forms. If the required financial information is not received by April 1, the applicant will be required to pay a $50 late penalty prior to renewing the license.

Ed. Note: Act 99-199, §3 provides for the implementation of a staggered license renewal schedule for monthly renewal of licenses. The staggered renewal schedule was implemented January 1 for the 2000 license year ‘alphabetically’ with designated renewal months.
Licensees who meet the December 1 deadline and qualify for an extension must complete their renewal by the last day of their designated renewal month. Extended licensees not completing these requirements may pay the late penalty and renew up to December 31 of the same year.
Licensees not qualifying for an extension prior to expiration of their license must file a new application for license. Likewise, any extended renewal not completed during its designated month must file a new application for license if completed renewal is not received by December 31st of the license year. All licensees not holding a current license for more than one year must file a new application for license.


230-X-1-.20 APPLICATION FOR LICENSE BY SUBSIDIARY

Any application for a license by a subsidiary shall be considered as a new application and subject to all laws, rules and regulations governing same.


230-X-1-.21 BANKRUPTCY

It shall be the responsibility of any contractor who, voluntarily or involuntarily, is subjected to any provision of the laws of bankruptcy, to notify this Board immediately and to make available to this Board any and all information pertinent thereto


230-X-1-.22 PROBATION, DEBARMENT, ETC.

Any contractor and/or any licensee, responsible managing employee of a licensee, officers of a licensee, or member of the executive staff of a licensee who is ordered by a competent to pay fines, is sentenced to jail, placed on probation, is debarred and/or suspended by any state or by the Federal Highway Administration or other similar punishment in relation to illegal activities of contracting shall notify this Board immediately and make available any and all information pertinent thereto.


230-X-1-23 REROOFING

Reroofing requires a general contractors license.


230-X-1-.24 CARPET INSTALLATION

Carpet installation requires a general contractors license.


230-X-1-.25 PREPARATION OF FINANCIAL STATEMENTS (Repealed)


230-X-1-.26 FIFTY-ONE PERCENT REGULATION

(1) Any project in the State of Alabama for construction, erection, modification, alteration or addition of or to any building, highway, sewer, grading, or any improvement or structure where the cost of the undertaking is $50,000 or more ($5,000 or more in the case of swimming pools) must be constructed by a contractor licensed by the Board. A general contractor may undertake to construct or superintend the construction of any project if 51% or more of the work as measured by the cost (labor, materials, tools, construction equipment cost and installed equipment) falls within the major classification, sub-classification or specific sub-classification in which the contractor is licensed.

On any project where no major classification, sub-classification or specific sub-classification constitutes 51% or more of the work as measured by the cost (labor, materials, tools, construction equipment cost and installed equipment) the contractor may undertake to construct or superintend the construction of such project if the contractor is licensed in the major classification, sub-classification or specific sub-classification which constitutes the greatest part of the work on the project as measured by the cost (labor, materials, tools, construction equipment cost and installed equipment).

(2) Notwithstanding the foregoing subsection, contractors holding licenses with Building Construction (BC) appearing thereon may undertake to construct or superintend the construction of any project even if 51% or more of the work as measured by the cost (labor, materials, tools, construction equipment cost and installed equipment) falls outside the major classification of Building Construction (BC) so long as such work is required to make the project usable for its intended purpose.


230-X-1-.27 MAJOR CLASSIFICATIONS

(1) All applicants must request classification(s) of their licenses within the following list of MAJOR CLASSIFICATIONS.

(Applicants must provide a minimum of three projects completed for each sub-classification listed in order to qualify for that Major Classification. Applicants not qualifying for a Major Classification should request specific Sub-Classification(s) and/or Specialty Classifications for which their work experience will meet the minimum experience requirement.)

(BC) BUILDING CONSTRUCTION
(Commercial or Industrial Building Structures intended for use for shelter, protection, comfort or convenience)

SUB-CLASSIFICATIONS:
Construction of Building Structures Excavation for Building Construction
Building Structure Modifications Foundations for Building Construction
Additions to Building Structures Construction Manager
Maintenance and Repair of Building Structures Work incidental to Building Construction


(HS) HIGHWAYS AND STREETS

SUB-CLASSIFICATIONS:
Road Construction Parking Areas
Street Construction Runways
Alleys Bridges
Sidewalks, Curbs and Gutters Grading
Guardrails Drainage
Fences Landscaping
Parkways Work incidental to Highways and Streets
Construction


(MU) MUNICIPAL AND UTILITY

SUB-CLASSIFICATIONS:
Clearing Swimming Pools
Grubbing Sewer Projects
Grading Water Projects
Paving Gas Projects
Curbs and Gutters Electric Projects
Walks Telephone Projects
Driveways Work incidental to Municipal and Utility
Construction


(HR) HEAVY AND RAILROAD

SUB-CLASSIFICATIONS:
Railroads Transmission Lines
Bridges Pipe Lines
Foundations Locks
Pile Driving Dams
Piers Dikes
Abutments Levees
Retaining Walls Revetments
Viaducts Channels
Tunnels Breakwaters
Subways Docks
Drainage Projects Harbors
Aqueducts Industrial Projects
Irrigation Projects Excavation
Flood Control Clearing
Water Power Development Grubbing
Hydro-Electric Development Work incidental to Heavy and Railroad Construction


(2) SPECIALTY CONSTRUCTION
Specialty projects in connection with construction, erection, alteration, modifications or additions requiring specific skills and/or trades or crafts for any particular part of the work, and work incidental thereto. Applicants with qualifying work experience may request one or more Specialty(s) or a specific sub-classification(s) from the following:

BC-(S) Building Construction Specialties

Acoustical Treatments Insulation
Carpentry Elevators, escalators, Conveyors & Dumbwaiters
Drywall Erection of Structural and Miscellaneous Steel
Floor Covering Sheet Metal, Metal Siding and Metal Buildings
Foundations Roofing
Glass, Windows and Door Construction Sandblasting
Institutional, Recreational Equipment & Pnewmatic Tubes Fencing
Lathe, Plaster, Stucco & Wall Coverings Earthwork
Masonry Structural Concrete Erection
Ornamental and Miscellaneous metal Concrete
Painting and Interior Decorating Millwright
Special Coatings and Waterproffing Maintenance, Repair and Alterations
Tile, Terrazzo and Marble


HS-(S) Highways and Streets Specialties

Sidewalks Concrete Pavement
Guardrails Base and Soil Stabilization
Fencing Erosion, Brush Control Maintenance/Landscaping
Parking Areas Clearing and Grubbing
Bridges Grinding, Grooving or Milling
Earthwork Traffic Control and Safety
Drainage and Culvert Painting, Sandblasting and Bridge Repair
Hot and Cold Asphalt Plant Mix Paving Steel (all classes)
Asphalt Surface Treatment


MU-(S) Municipal and Utility Specialties

Sewer Projects Earthwork
Water Projects Base
Gas and Oil Projects Paving: Asphalt
Power Projects and Plants Paving: Concrets
Telecommunications Projects Pipelines
Clearing and Grubbing Gunite


HR-(S) Heavy and Railroad Specialties

Environmental Remediation Industrial Projects
Foundations, Piling and Cofferdams Oil and Gas Field Locations
Piers Dredging
Retaining Walls Clearing, Grubbing and Slurry Walls
Tunnels Fencing
Drainage, Irrigation & Flood Control Projects and Dams Earthwork
Marine Membrane Liners


(M) Mechanical

Heating, Air Conditioning, Ventilation & Refrigeration
Plumbing
Fire Protection Systems
Pollution Control
Industrial Pipe Work and Insulation
Boiler and Refractory Construction Maintenance and Repair

(E) Electrical

Sound and Intercom Electrical Control Systems
Fire Detection Transmission Lines and Towers
Signal and Burglar Alarm Systems Structures
Electrical Signs Underground Conduits
Cable TV Substations


(D) Demolition

Demolition
Wrecking and Dismantling
Rigging
House Moving


(EV) Environmental

Asbestos Material Handling and Removal
Abatement
POL Dispensing Systems
Remediation
Reclamation
Landfills

OTHER SPECIALTY CLASSIFICATIONS REQUIRING LICENSE
Construction Manager (utilizing licensed contractors)

Golf Course Construction
Tennis Courts
Running Tracks
Recreational Areas
Landscaping
Sprinkler Systems
Outdoor Advertising Signs
Maintenance and Repair


230-X-1-.28 CLASSIFICATION OF LICENSE (Repealed)


230-X-1-.29 REIDENTIFICATION OF CONTRACTORS

The Board will require any contractor presently licensed (but not in accordance with the foregoing classification of licenses) to reidentify the type or types of contracts on which he/she wishes to continue to perform, and the Board shall classify contractors according to the type or types of contract on which they may perform. in accordance with the provisions of these regulations. Contractors who wish to perform or continue to perform various types of work will not be licensed or renewed to perform that work unless they properly complete the reidentification form to be supplied by the Board and unless they meet all other requirements for licensure or renewal to perform the type of work for which they seek licensure or renewal.


230-X-1-.32 CERTIFICATE OF INSURANCE -(NOTE - Repeal Approved/Certification Pending)


230-X-1-.33 APPLICANT’S BURDEN TO SUPPLY ALL INFORMATION

It is the burden of each applicant to supply all information to the Board which is necessary for the Board to consider the application. In the case of references whose names are furnished by the applicant, it is the burden of the applicant to see that its references respond in a timely fashion directly to the Board. Any application pending for a year or more without being completed will be considered inactive. An applicant whose application is inactive will be so notified by the Board. When an application becomes inactive, the applicant must complete a new application and submit the same together with another application fee in order to be considered for licensure by the Board.

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