Ala. Admin. Code r. 440-X-3-.05

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

Section 440-X-3-.05 - Exemptions

The licensing requirements for certified contractors do not apply to the following:

(1) Retail sellers of heating, air conditioning or refrigeration systems who does not provide installation of said systems, or provides for the contracting for the service, repair or installation of said systems;

(2) Heating and air conditioning installation, service or repair work performed by an owner of a building on said building owned by him or her;

(3) Heating and air conditioning installation, or service and repair, performed by anyone who is regularly employed as a maintenance person incidental to and in connection with the business in which he is employed, provided said heating and air conditioning work is done on the premises of said owner, and repair-person does not engage in heating and air conditioning work for others.

(4) In instances where a certified heating and air conditioning contractor bids installation work and is responsible for obtaining all necessary and required permits, the certified contractor may subcontract the installation of duct work to an uncertified person who is performing the work under the supervision of the certified contractor as the person in responsible charge. The certified contractor is responsible for all such work performed and is considered by the Board as the person in responsible charge for such work should the work fail to meet the minimum standards under these Rules. This exemption does not apply to design and installation of duct work not performed under the responsible supervision of a certified contractor.

Ala. Admin. Code r. 440-X-3-.05

Filed July 12, 1988. Repealed and replaced with new rule (same title): Filed February 13, 1992. Repealed and New Rule: Filed April 9, 2003; effective May 14, 2003.

Amended by Alabama Administrative Monthly Volume XXXVIII, Issue No. 03, December 31, 2019, eff. 2/14/2020.

Adopted by Alabama Administrative Monthly Volume XLI, Issue No. 02, November 30, 2022, eff. 1/14/2023.

Previous Rule .04 was renumbered .05 as per certification published November 30, 2022; effective January 14, 2023.

Author: Jeffrey M. Becraft

Statutory Authority:Code of Ala. 1975, §§ 34-31-25, 34-31-26.