Alabama Administrative Code Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS
Title 440 of the Alabama Administrative Code pertains to the Alabama Board of Heating, Air Conditioning and Refrigeration Contractors. This Board is the state regulatory authority responsible for the licensing, certification, and oversight of professionals working in the heating, ventilation, air conditioning (HVAC), and refrigeration industries within Alabama. Its primary goal is to protect the public's health, safety, and welfare by ensuring that HVAC/R systems are installed, serviced, and repaired by qualified and competent individuals.
Purpose and Functions of the Alabama Board of Heating, Air Conditioning and Refrigeration Contractors
The Board's existence and functions are derived from the Alabama Heating, Air Conditioning, and Refrigeration Contractors Act (Code of Alabama 1975, § 34-31-18, et seq.). Its key responsibilities include:
Certification and Licensing: The Board issues certifications to qualified individuals and businesses engaged in heating, air conditioning, and refrigeration contracting. This includes both the "person in responsible charge" (the certified contractor) and the business entity they represent.
Setting Qualifications: Establishing and enforcing the requirements for certification, including:
Experience: Typically requiring documented work experience (e.g., 3,000 hours/18 months under a licensed contractor) or graduation from an approved vocational/technical program.
Examinations: Administering or approving examinations (trade exam and a business/law exam) to assess an applicant's knowledge and competency.
Age and Background: Requiring applicants to be at least 18 years old and potentially undergoing a criminal background check.
Performance Bond: Requiring a performance bond (e.g., $15,000 or $20,000, depending on the current regulations) to protect consumers.
Defining Scope of Work: Clarifying what activities require certification by the Board. This extends beyond basic installation/repair to include air duct cleaning, filter changing, test and balance services, and work on heating/AC systems in modular or manufactured housing. The certified contractor is often responsible for related electrical work (from appliance to disconnect) and gas piping.
Establishing Minimum Standards: Adopting and enforcing minimum standards for the installation, service, and repair of heating, air conditioning, and refrigeration systems. These standards often reference nationally recognized codes and manuals, such as ACCA Manuals (J, D, N, Q), International Mechanical Code, International Fuel Gas Code, and NFPA 70 National Electrical Code. In cases of conflict, the most restrictive standard typically governs.
Continuing Education: Requiring and monitoring continuing education (CE) hours for certified contractors to ensure ongoing competency and awareness of industry changes (e.g., 4 hours annually).
Investigation and Discipline: Receiving and investigating complaints against certified contractors for violations of the law or administrative rules. The Board has the authority to hold hearings and impose disciplinary actions, including fines, suspension, or revocation of certification.
Public Protection: Promoting public awareness of the Board's role and providing resources for consumers to find licensed contractors and file complaints.
Enforcement: Pursuing legal action against uncertified individuals or businesses performing HVAC/R work illegally.
Structure of the Alabama Administrative Code for the Board of Heating, Air Conditioning and Refrigeration Contractors (Title 440)
Title 440 is organized into several key chapters, each addressing a specific area of the Board's regulatory authority.
Chapter 440-X-1 - DEFINITIONS:
Provides clear definitions for various terms used throughout the rules, such as "certified contractor," "apprentice," "heating and air conditioning system," "refrigeration system," "installation," "service," "repair," and "person in responsible charge."
Chapter 440-X-2 - ORGANIZATION AND ADMINISTRATIVE PROCEDURES OF THE BOARD:
Outlines the internal structure of the Board, its powers, duties, meeting schedules, and general administrative procedures. It covers how the Board operates and makes decisions.
Chapter 440-X-3 - LICENSING AND FEES:
This is a critical chapter for applicants and licensees. It details:
Requirements for Licensure: Specific educational and/or work experience pathways to qualify for examination (e.g., 3,000 hours/18 months of supervised experience, or graduation from an approved program).
Application Procedures: How to apply for initial certification.
Examination Procedures: Information about the required trade and business/law exams.
Fees: A comprehensive list of fees for applications, examinations, initial certifications, renewals, and duplicate certificates.
Person in Responsible Charge: Defines the role, qualifications, and responsibilities of the individual who holds the certification for a business entity, including rules for dual certifications.
Forms of Licensing: Distinguishes between active and inactive certification and the requirements for each.
Exemptions: Lists specific activities or individuals who are exempt from the certification requirements.
Reciprocity: Rules for individuals licensed in other states (e.g., South Carolina, Tennessee, Mississippi, Louisiana, West Virginia) to obtain an Alabama certification.
Chapter 440-X-4 - EDUCATION PROGRAM AND CONTINUING EDUCATION FOR CERTIFIED CONTRACTOR:
Specifies the requirements for continuing education (CE) for certified contractors, including the number of hours required (e.g., 4 hours annually), approved CE providers, and reporting procedures for renewals.
Chapter 440-X-5 - MINIMUM STANDARDS FOR INSTALLATION, SERVICE, AND REPAIR OF HEATING, AIR CONDITIONING OR REFRIGERATION SYSTEMS BY CERTIFIED CONTRACTORS:
This is a highly technical chapter that sets forth the specific technical standards that certified contractors must adhere to. It incorporates by reference national codes and industry standards (e.g., ACCA Manuals J, D, N for residential; ACCA Manuals N, Q for commercial; International Mechanical/Fuel Gas Codes; NFPA 70 National Electrical Code).
Includes specific rules for work on heating and air conditioning systems in modular or manufactured housing.
Details requirements for displaying certification numbers and business names on vehicles and advertising.
Chapter 440-X-6 - DISCIPLINARY AND COMPLIANCE PROCEEDINGS:
Outlines the process for initiating investigations, handling consumer complaints, conducting hearings, and imposing disciplinary actions against certified contractors for violations of the Board's law or rules. It specifies grounds for disciplinary action.
Where to Find the Rules:
The official and most up-to-date source for the Alabama Administrative Code, including Title 440 for the Board of Heating, Air Conditioning and Refrigeration Contractors, is the Alabama Legislative Services Agency's website, which publishes the Alabama Administrative Code.
You can also find them on legal information platforms like:
The Alabama Board of Heating, Air Conditioning & Refrigeration Contractors' official website (hacr.alabama.gov) is the best practical resource. It provides direct links to the relevant statutes and the administrative rules, along with application forms, news, and information for both licensees and consumers.
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