HB392 Alabama 2010 Session

Summary

Primary Sponsor

H. Mac Gipson

Republican

Session

Regular Session 2010

Title

Building Code Council established, managed by Economic and Community Affairs Department, to adopt statewide minimum standards for building residential and commercial structures, certain farm structures exempt

Summary

HB392 would create the Alabama Building Code Council to establish and update a statewide minimum building code for most residential and commercial structures, with farm structures exempt, to be managed by the Department of Economic and Community Affairs.

What This Bill Does

If passed, the bill would establish the Alabama Building Code Council (ABCC) under ADECA to adopt, amend, and update the Alabama Building Code (ABC), which becomes the minimum standard for construction in the state. The initial ABC would be based on specified 2006 codes, with future updates allowed from later editions and NFPA standards, and ABCC would have independent authority from ICC cycle processes. The ABCC would operate with two standing subcommittees (Residential and Commercial) and a diverse, structured membership, with local governments able to enforce stricter local codes. Structures would follow the code in effect when a building permit is issued, and farm structures would be exempt; several state agencies are exempt from the act, and municipalities may adopt more restrictive codes with enforcement responsibilities.

Who It Affects

• Builders, contractors, architects, engineers, and other construction professionals who would have to meet the new Alabama Building Code and related certification/continuing education requirements.
• Local governments, building departments, and code enforcement officials who would administer and enforce the ABC and may adopt stricter local codes.

Key Provisions

• Creates the Alabama Building Code Council (ABCC) to be managed by the Department of Economic and Community Affairs (ADECA) to establish, adopt, amend, and update a statewide minimum building code (ABC).
• Exempts farm structures from the act; defines farm structure and indicates farm buildings on farms are not covered.
• ABCC composition includes representatives from multiple professional and public groups (engineering, architecture, general contractors, builders, county commissioners, municipalities, home builders, code officials, fire marshal, an insurance industry member with code knowledge, and a public member) and a three-year term for each member with holdover availability.
• ABCC must comply with the Alabama Administrative Procedure Act; its codes apply to structures built under a permit and shall reflect the code in effect at permit issuance.
• Initial ABC relies on 2006 versions of IBC, IRC, NEC, IPC, IMC, IFC, IFGC/NFGC, ICCPC, and IEBC; future adoptions may use later editions and NFPA standards; ABCC is not tied to the ICC code development cycle.
• Two standing subcommittees—Residential Code Subcommittee (minimum codes for one- and two-family dwellings) and Commercial Code Subcommittee (commercial structures and certain multifamily buildings)—with specified member categories and nonvoting ex officio participants; joint sessions for codes affecting both sectors.
• Members of subcommittees include builders, code officials, ABCC members, fire officials, home inspectors (for Residential), and commercial contractors, code officials, and fire officials (for Commercial).
• ABCC members representing appointing entities may serve on subcommittees in addition to ABCC duties; ex officio nonvoting participation is allowed for certain appointees.
• Certified building code officials must be certified by the International Code Council and complete ongoing education; existing inspectors before passage are exempt from certification but must meet CE requirements.
• Architects and engineers licensed in Alabama are exempt from the act’s certification provisions.
• Municipalities may adopt codes more restrictive than the ABC and must provide enforcement for the stricter local code.
• Regulation by state/local code officials does not constitute a warranty of construction or materials.
• The act becomes effective on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Economic and Community Affairs Department