Alabama § 41-4-353 - Applicability of Provisions; Exceptions.

§ 41-4-353. Applicability of Provisions; Exceptions.

(a) All real property owned or leased by state departments, boards, bureaus, commissions, agencies, offices, and other instruments of the state is subject to the requirements of this article and in Sections 41-4-2, 41-4-3, 41-4-261, and 41-9-141 except:

(1) All educational facilities including K-12, postsecondary, and higher education facilities.

(2) Facilities of the Legislative Branch of government.

(3) Facilities of the Judicial Branch of government.

(4) Facilities of the Retirement Systems of Alabama.

(5) Facilities of the Alabama Port Authority.

(6) Facilities of the State Military Department.

(7) Lands managed by the Lands Division of the Department of Conservation and Natural Resources.

(8) Right-of-way owned by the Department of Transportation.

(9) Facilities of the State Parks Division of the Department of Conservation and Natural Resources.

(10) Facilities and real property owned or leased by departments, boards, bureaus, commissions, agencies, offices, and other instruments of the state that do not receive any appropriation of state funds.

(11) Any real property, building, improvement, or facility managed or controlled by a state agency, if adherence with any requirement of this article would violate Sections 9-2-26 or 9-11-19, or any federal laws, regulations, or guidance, including, but not limited to, Title 50, Code of Federal Regulations, Part 80.

(12) Any unimproved real property owned, leased, or otherwise possessed or controlled by the state or any department, board, bureau, commission, agency, office, or other instrument of the state.

(13) Real property owned or leased by the Alabama Home Builders Licensure Board, the Alabama Housing Finance Authority, the Alabama Plumbers and Gas Fitters Examining Board, the Alabama Board of Heating, Air Conditioning, and Refrigeration Contractors, the Alabama Real Estate Commission, and the State Licensing Board for General Contractors.

(14) Other real property owned or leased by state departments, boards, bureaus, commissions, agencies, offices, and other instruments of the state if the exemption is agreed to by both the Director of Finance and the head of the state department, board, bureau, commission, agency, office, or other instrument of the state seeking the exemption and the exemption is found by them to be in the best interest of the State of Alabama.

(15) Real property owned or leased by self-funded licensing and regulatory boards, commissions, and agencies.

(b) Any entity that is provided an exception from the requirements of this article under subsection (a) may elect to waive that exception and have its real property and facilities become subject to this article by providing written notice of that election to the Director of Finance. Once an entity waives its exception, the entity may not rescind that waiver with respect to any real property or facilities that become subject to this article as a result of the entity’s waiver.

(c) The exceptions provided in subsection (a) do not alter or affect any of the provisions for compliance with a minimum building standards code or energy conservation building code as required by Sections 41-9-160 to 41-9-165 and Sections 41-9-171 to 41-9-174.

(d) The exceptions provided in subdivision (a)(1) do not alter or affect the compliance of educational facilities with the contract forms and procedures of the Division of Construction Management or the governing board of the applicable educational institution or state educational institution, as provided in Section 41-4-400.