Ala. Admin. Code r. 355-17-1-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 355-17-1-.01 - Definitions

(1) Act. The term "Act" as used in this Chapter 355-17-1 shall mean Title 34, Chapter 14B of the Code of Ala. 1975, as amended.

(2) Alabama Administrative Procedure Act. The Term "Alabama Administrative Procedure Act" refers to the act codified at Title 41, Chapter 22 of the Code of Ala. 1975.

(3) Director. The term "Director" is defined in Rule 355-11-1-.03(b). Further, the Director shall be the official of the Division of Construction Management responsible for and empowered to implement, supervise, and carry out the requirements of this Alabama Home Inspectors Registration Program. The Director's powers shall include, but shall not be limited to, the decision to accept, reject, approve, or disapprove of applications (whether initial, renewal, or reconsideration) for licensure, to revoke or suspend licensure, imposition of fines and making a final decision on all complaint procedures, disciplinary hearings, and enforcement.

(4) Division of Construction Management. The Division of Construction Management established pursuant to Article 14, commencing with Section 41-4-400, Division 5, Chapter 4, Title 41.

(5) Exterior Insulation and Finish Systems (EIFS) Inspection. The process by which an inspector examines an EIFS in accordance with the Standards of Practice for EIFS Inspectors found in Rule 355-18-1-.03.

(6) Exterior Insulation and Finish Systems (EIFS) Inspector. A person who engages in the business of performing inspections of exterior insulation and finish systems for compensation and who, in the pursuit of that independent business, undertakes or offers to undertake, or submits a bid to, or contracts or undertakes to inspect, or assumes charge of, in a supervisory capacity or otherwise, or inspects the condition of or the installation of EIFS on a private, commercial, or other building on behalf of another person.

(7) Home Inspection. The process by which an inspector visually examines the readily accessible systems and components of a home and which describes those systems and components in accordance with Standards of Practice found in Rule 355-18-1-.01.

(8) Home Inspector. A person who engages in the business of performing home inspections for compensation and, who, in the pursuit of that independent business, undertakes or offers to undertake, or submits a bid to, or contracts or undertakes to inspect, or assumes charge, in a supervisory capacity or otherwise, or inspects the condition of, the construction of or erection of a private residence on behalf of another person.

(9) License. The term "license" as used in this Chapter 355-17-1 shall mean a certificate of licensure issued or renewed by the Division of Construction Management pursuant to the Act and this Rule 355-17-1.

(10) Person. Any natural person, limited or general partnership, association, corporation, or other legal entity, or any combination thereof.

(11) Residence. Any dwelling, from one to four units in design intended principally for residential purposes by one or more individuals.

Ala. Admin. Code r. 355-17-1-.01

New Rule: Filed September 23, 2002; effective October 28, 2002. Amended: Filed July 31, 2019; effective September 14, 2019.

Author: Frank Barnes

Statutory Authority:Code of Ala. 1975, §§ 34-14B-1, et seq.; 41-9-140, et seq.