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A. ABBREVIATIONS and DEFINITIONS
As used in this manual the following words, phrases,
and abbreviations shall have the following meanings, respectively:
1. ABC: The State of Alabama
Building Commission.
2. ABRFA: Alabama Building
Renovation Finance Authority.
3. ACIFA: Alabama Corrections
Institution Finance Authority.
4. AMHFA: Alabama Mental Health
Finance Authority.
5. AWARDING AUTHORITY: A governmental
entity or public corporation authorized by the Code of
Alabama to enter into contracts for the design and construction,
repair, or improvement of public buildings. This term is interchangeable
with "Owner" for privately funded projects.
6. COMMISSION: The Alabama Building
Commission composed of the Governor, the State Health Officer, the
Director of Finance, the State Superintendent of Education, four members
from the Senate, and four members from the House of Representatives.
7. DESIGN PROFESSIONAL: The Alabama
registered architect, engineer, or architectural or engineering firm
employed to design the construction of, or improvements to, a building
or facility. The Primary Design Professional is the architect,
engineer, or architectural or engineering firm under contract with an
awarding authority or owner.
8. DIRECTOR: The Director of
Technical Staff, appointed by the Commission.
9. K - 12: Public school
systems providing education in levels of kindergarten through the
twelfth grade.
10. LEA: Local Education Authority
11. LOCALLY FUNDED PROJECT: A
project for which the funding is totally derived from the resources of
the local awarding authority (no state funds or state bond issue funds
are involved).
12. O/A AGREEMENT : Agreement
Between Owner and Architect the contract through which an awarding
authority employs the professional services of an Architect or Engineer.
13. PSCA: The Alabama Public
School and College Authority.
14. PUBLIC WORKS LAW: Title 39
of the Code of Alabama, 1975, as amended.
15. SDE: The Alabama State
Department of Education.
16. STATE BUILDING CODE: The
body of building standards published by code writing organizations which
has been adopted by the Commission as minimum building standards
applicable to state building and construction, school houses, hotels,
and moving picture theaters.
17. TECHNICAL STAFF: The full-time staff of
architects, engineers, administrators, inspectors, support personnel,
and contract personnel employed to carry out the policies and duties of
the Commission on a daily basis.
B. CREATION and EMPOWERMENT of the
ALABAMA BUILDING COMMISSION
The Alabama Building Commission was created by Act
No. 128 of the 1945 regular session of the Alabama Legislature. Act No.
290, also of the 1945 regular session, authorized and directed the
Alabama Building Commission to promulgate and enforce a code of minimum
building standards for state building and construction, school houses,
hotels, and moving picture theaters. Act No. 766 of the 1978 regular
session required the Alabama Building Commission to adopt, promulgate
and enforce a state building code containing energy conservation
measures to be used in all future construction or remodeling of
buildings which are constructed with state appropriated funds. These
acts are codified in Title 41, Chapter 9, Article 6 of the Code
of Alabama, 1975.
C. ORGANIZATION and OPERATION of the ALABAMA BUILDING COMMISSION
The membership of the Alabama Building Commission
consists of the Governor as chairman, the State Health Officer, the
Director of Finance, the State Superintendent of Education, four (4)
members from the Senate to be elected by that body at each regular
session of the Legislature, and four (4) members from the House of
Representatives to be elected by that body at each regular session of
the Legislature. The Budget Officer of the State Department of Finance
serves as the secretary, but is not a member.
The Commission convenes upon the call of the Governor
or at such time or times as the Commission may designate by resolution
recorded in its minutes. Pursuant to the "Alabama Administrative
Procedures Act" (Acts 1981, No. 81-855, p. 1534, '1.), the Commission
adopts rules which it publishes in The Alabama Building Commission
Administrative Code. The Commission maintains a full-time Technical
Staff, headed by a Director, through which the Commission’s powers,
duties, rules, and policies are carried out on a daily basis.
To obtain information from, make submittals to, or
make requests of the Commission or its Technical Staff, including
requests to adopt, amend, or repeal rules of the administrative code,
the public should write to:
Director, Technical Staff
Alabama Building Commission
RSA Plaza, Suite 444
770 Washington Avenue
Montgomery, Alabama 36130
D. POWERS and DUTIES of the ALABAMA BUILDING
COMMISSION
1. The Commission has full power and authority to
provide for and supervise the planning, design, construction,
renovation, and/or improvement of state buildings, including entering
into contracts as necessary to implement this power and authority and to
acquire land for the location of such state buildings (see Title
41-9-141 for specific authority).
2. The Commission is authorized and empowered to
make and adopt all necessary rules, regulations and plans for its own
guidance and for the proper conduct of the duties imposed upon it.
3. The Commission is authorized and directed to
adopt, promulgate and enforce a State Building Code and to keep the code
updated and consistent with acceptable architectural and engineering
practices. The state building code is to include an energy conservation
code for state buildings, including public schools.
4. The Commission is responsible for reviewing
plans and specifications for compliance with handicapped accessibility
standards prescribed by the State Fire Marshall for public buildings and
facilities. The Commission is authorized to construe and interpret such
standards and to adopt and enforce rules and regulations prescribing
additional standards. (See Title 21-4-5 & 6 for authority and
responsibility shared with the State Fire Marshall.)
5. The Commission may appoint and dismiss any
officers, employees and agents including competent architectural and
technical employees as may be necessary to effectuate its powers and
duties. All employees of the Commission are subject to the provisions of
the merit system.
E. PROJECTS SUPERVISED and ADMINISTERED by the COMMISSION
The Commission supervises and administers public
construction and improvement projects assigned to it by legislative acts
authorizing and funding specific construction projects or programs. In
general, the Technical Staff supervises, administers, and inspects
construction and improvement projects for state agencies and
departments, Postsecondary Education, PSCA, and similar authorities. The
ABC provides periodic inspections of locally funded, K-12 public school
projects and is authorized to inspect any project under the jurisdiction
of the State Building Code.
F.
ORGANIZATION and OPERATION of the TECHNICAL
STAFF
The Director is appointed by the Commission to manage
the daily operations of the Technical Staff and the preparation,
publication, and maintenance of this Manual of Procedures. The Technical
Staff is composed of four sections providing the following services and
functions:
1. Architectural/Engineering Division:
a. Evaluates and recommends codes, code
revisions, or code supplements as published by code publishing
organizations to be adopted (with modifications) by the Commission
for inclusion in the State Building Code.
b. Enforces the State Building Code and other
regulations through review of proposed construction plans,
specifications, contracts and related documents.
2. Contract Administration Division:
a. Supervises and administers projects
assigned to the Commission to ensure compliance with state laws,
Commission rules and procedures, and other regulations.
b. Reviews, approves, and processes
contracts, changes orders, invoices, and related documents.
3. Construction Administration Division:
a. Monitors in-progress construction to keep
the Director and Contract Administrator informed of construction
progress and issues and to ensure acceptable building practices and
code compliance.
b. In conjunction with the design
professional and the Awarding Authority, establishes substantial
completion of the work.
4. Administrative Services Division:
Monitors daily internal operations as they pertain to budgeting,
purchasing, personnel guidelines, and procedures.
G. THIS MANUAL of PROCEDURES
This manual sets forth procedures to effect
compliance with the rules of the Alabama Building Commission
Administrative Code and state laws and regulations applicable to
construction and improvement projects. This manual is published in
loose-leaf form and will be updated on a page-by-page basis.
References in this manual to "Title", "Chapter",
"Article", and/or "Section" pertaining to legal authority are to the
Code of Alabama, 1975, as amended. References to
"Commission Rules" or "ABC Rule" are to the Alabama Building
Commission Administrative Code, 1997, adopted,
published, and amended in accordance with the Alabama Administrative
Procedures Act. The policies and procedures contained in this manual are
derived from or have been developed to enforce laws codified in the
Code of Alabama and the Commission rules.
A NOTE OF CAUTION: This manual is dedicated
to the requirements and procedures of the ABC. Before proceeding with
preparation of bid documents or submittals to the ABC, the design
professional should determine whether sources of project funding (such
as federal funding) or regulations peculiar to the awarding authority
may require modification or supplementation of the ABC requirements and
procedures. If modification or supplementation is necessary, contact the
Technical Staff for guidance as to the appropriate method.
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