(a) This act shall be known and may be cited as the Healthier Homes Construction Practices Act.
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Terms Used In Alabama Code 11-107-2

  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • following: means next after. See Alabama Code 1-1-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(b) The Legislature finds and declares that indoor air quality in homes under construction is of prime importance for the long-term durability of the home and health of the consumer. It is the intent of the Legislature to address the following issues related to the lack of temporary-permanent electricity and temporary-permanent gas:

(1) Mold build-up due to temperature and humidity within the structure.
(2) Component damage due to temperature and humidity.
(3) Warping and disfigurement of wood within the structure due to temperature and humidity.
(c) Any municipality or county that adopts and enforces building codes shall enact a procedure allowing for the installation and activation, on a temporary basis in accordance with the requirements of this act, of electricity (“temporary-permanent electricity”) or gas (“temporary-permanent gas”) in any dwelling, covered by the scope of the International Residential Code, under construction in its jurisdiction.
(d) The municipality or county may require any of the following to occur prior to the installation or activation of temporary-permanent electricity:

(1) The structure be secured from unauthorized entry.
(2) The electrical service code be compliant and complete.
(3) All rough plumbing, electrical, mechanical, and framing inspections be completed and approved.
(4) All drywall be installed, with the exception of finishing.
(5) All electrical circuit wires that are not energized be secured to the side of the panel box.
(6) Any exterior outlet which has been energized have ground fault breakers installed. A minimum of one exterior outlet shall be provided.
(7) All electrical service be ready for service, as certified by a state licensed electrical contractor.
(8) All heating and cooling equipment be installed in-structure. Equipment shall be vented based on manufacturing specifications. Forced air equipment shall have a return air with a MERV 4 filter, and plenum and supply air.
(9) The building permit be obtained by a licensed residential home builder, as defined by Section 34-14A-2, or a general contractor.
(10) A request for temporary-permanent electricity be made by the permittee.
(11) The electrical service be obtained in the name of the permittee.
(12) Compliance with any requirements set forth by the provider of electricity.
(e) In addition to any requirement for the installation or activation of temporary-permanent electricity under subsection (d), any municipality or county that enforces and adopts building codes may require any of the following prior to the installation or activation of temporary-permanent gas:

(1) The structure be secured from unauthorized entry.
(2) A gas line be installed in accordance with applicable codes between the heating equipment and the gas meter location.
(3) Gas lines not connected to an appliance be capped.
(4) A temporary pressure test be performed for the purposes of installing temporary gas for heat.
(5) A final pressure test be performed for permanent gas service.
(6) Gas service be certified by a licensed gas fitter as being ready for service.
(7) Heating and cooling equipment be installed in-structure and be vented based on manufacturing specifications.
(8) Forced air equipment have a return air with a MERV 4 filter, and plenum and supply air.
(9) A building permit be obtained by a licensed residential home builder, as defined by Section 34-14A-2, or general contractor.
(10) A request for temporary-permanent gas be made by the permittee.
(11) Electrical service be obtained in the name of the permittee.
(12) Proof that the gas system is complete, is code compliant, and has passed all required inspections.
(13) Compliance with any other requirements of the provider of gas.
(f) For the installation or activation of temporary-permanent electricity or temporary-permanent gas, no additional requirements may be placed on the contractor beyond the requirements of this section.
(g) Any structure granted temporary-permanent electricity or temporary-permanent gas pursuant to this section shall not be occupied, and permanent electricity or permanent gas shall be permitted, only upon proof that all required final inspections by the municipality or county have been completed.
(h) Where sewer service is not available, a request for temporary-permanent electricity or temporary-permanent gas must be accompanied by copies of all septic system plans and permits, approved by the local health department.
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