SB40 Alabama 2023 Session

Summary

Primary Sponsor

Chris ElliottSenator

Republican

Session

Regular Session 2023

Title

Relating to county and local government; to provide prohibitions on the adoption or enforcement of certain building codes requiring the installation of certain latent, non-operable features in a residential structure.

Summary

SB40 stops local governments from requiring latent, non-operable features in new residential construction.

What This Bill Does

If enacted, municipalities and counties (and their agencies) may not adopt or enforce any local building code or rule that requires latent features in a home. A latent feature is something installed in a residential structure that will not be active or used when the home is completed, and that does not contribute to life safety or the building's structural code. The law covers various types of residential structures, including single-family homes, condos, duplexes, and multi-unit buildings, and it becomes effective July 1, 2023.

Who It Affects

• Local governments (municipalities and counties) and their agencies, who are barred from imposing latent-feature installation requirements in residential codes.
• Builders, developers, homeowners, and residents, who are protected from being forced to install latent, non-operable features by local building codes.

Key Provisions

• Prohibits any local ordinance, rule, bylaw, order, or building code provision that requires the installation of latent features in residential structures.
• Defines latent feature as any non-operational technology, appliance, wiring, plumbing, gas tubing, framing, or related item installed in or connected to a residence, and clarifies it must not contribute to life safety or structural aspects of the code.
• Defines residential structure to include single-family or multi-unit homes such as condos, duplexes, and apartments, on a single lot.
• Effective date: the act becomes law on July 1, 2023 (first day of the third month after passage and governor approval).

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