SB136 Alabama 2023 Session

Summary

Primary Sponsor

Sam GivhanSenator

Republican

Session

Regular Session 2023

Title

Relating to building codes; to amend Section 27-2-39, Code of Alabama 1975, to provide for a portion of fees and taxes collected by the Department of Insurance to the Alabama Residential Building Code Fund; to designate Sections 34-14A-1 through 34-14A-20 as Article 1 of Chapter 14A of Title 34, Code of Alabama 1975; to amend Sections 34-14A-1, 34-14A-2, 34-14A-7, 34-14A-12, 34-14A-20, Code of Alabama 1975, to provide for the establishment of the Alabama Residential Building Code and its authority; to further provide for the practice of residential home building; to further provide for the duties of the Home Builders Licensure Board; to add Article 2, commencing with Section 34-14A-41, to Chapter 14A of Title 34, Code of Alabama 1975, to establish the Alabama Residential Building Code Division within the Home Builders Licensure Board and provide for its duties; to establish the Alabama Residential Building Code Fund in the State Treasury and provide for its administration; to add Article 6A, commencing of Section 41-9-175, to Chapter 9 of Title 41, Code of Alabama 1975, to establish the Alabama Residential Building Code Advisory Council and provide for its membership and duties; to amend Sections 41-23-80, 41-23-81, 41-23-82, 41-23-84, 41-23-85, Code of Alabama 1975, to provide for the change of the name of the Alabama Energy and Residential Codes Board to the Alabama Commercial Energy Code Board and further provide for the membership of the board; and to provide requirements for certain local building codes adopted or amended after a date certain.

Summary

SB136 creates a statewide Alabama Residential Building Code framework with a dedicated division, fund, advisory council, and enforcement tools to standardize and enforce residential building standards across Alabama.

What This Bill Does

It establishes the Alabama Residential Building Code Division within the Home Builders Licensure Board and creates the Alabama Residential Building Code Fund to support code development, enforcement, and local grants. It requires counties and municipalities to adopt or amend codes to meet minimum ARBCode standards and sets a 2027 deadline for residential builders to follow the Alabama Residential Building Code. It also renames the energy code board to the Alabama Commercial Energy Code Board, expands its membership, and creates a private inspection rebate program and an advisory council to guide implementation and funding.

Who It Affects

• Residential builders and remodelers must follow the Alabama Residential Building Code and meet licensure requirements.
• Counties and municipalities must adopt or amend local residential codes to meet ARBCode minimum standards.
• Homeowners may receive rebate vouchers for private code inspections and must provide inspection reports to insurers and mortgage providers.
• The Home Builders Licensure Board gains a new Alabama Residential Building Code Division to administer the code and enforcement.
• Private code inspectors and related professionals face new standards, qualifications, and certification requirements.
• Insurance companies and mortgage lenders will receive code inspection reports and occupancy certificates to verify compliance.
• The Alabama Energy/Residential Codes Board is renamed to the Alabama Commercial Energy Code Board, with expanded membership and duties.
• State agencies and advisory councils (including Insurance, Fire Marshal, EMA, and education/workforce groups) participate in oversight and funding decisions.

Key Provisions

• Amends Section 27-2-39 to create the Insurance Department Fund and allocate portions of regulatory receipts to the Alabama Residential Building Code Fund and other designated funds.
• Designates Sections 34-14A-1 through 34-14A-20 as Article 1 and adds Article 2 establishing the Alabama Residential Building Code Division within the Home Builders Licensure Board and its duties.
• Creates the Alabama Residential Building Code Fund in the State Treasury to fund administration, enforcement, and grants for local code adoption and enforcement.
• Establishes the Alabama Residential Building Code Advisory Council (Article 6A) with specified members, six-year terms, and duties to advise the board and guide code adoption and enforcement.
• Requires the Alabama Residential Building Code to be adopted and maintained based on the International Residential Code and the residential portions of the International Energy Conservation Code, and sets minimum standards for private code inspectors.
• By 2027, requires residential builders to construct, renovate, or repair in accordance with the Alabama Residential Building Code; creates a rebate voucher program for private code inspections and funding mechanisms for local adoption and enforcement.
• Renames the Alabama Energy and Residential Codes Board to the Alabama Commercial Energy Code Board and expands its membership and authority over energy-related building codes.
• Imposes local adoption rules: after October 1, 2023, local codes must meet ARBCode minimum standards; local jurisdictions may adopt or amend codes but energy provisions cannot exceed ARBCode standards unless federal mandates require otherwise.
• Authorizes the Alabama Residential Building Code Division to administer and enforce the ARBCode, provide grants to local jurisdictions, and coordinate with private inspectors and education programs.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Building codes; Alabama Home Builders Licensure Board; Alabama Residential Building Code, authorized to be established