Alabama § 34-8-7 - Exemptions from Chapter; Subcontractor Requirements.

§ 34-8-7. Exemptions from Chapter; Subcontractor Requirements.

(a) The following shall be exempted from this chapter:

(1) The practice of general contracting, as defined in Section 34-8-1, by an authorized representative of the United States Government, the State of Alabama, or an incorporated town, city, or county in this state, which is under the supervision of a licensed architect or engineer, provided any work contracted out by the authorized representative shall comply with the definition in this chapter for general contractor.

(2) The construction or repair of any residence or private dwelling or any residential swimming pool.

(3) A person, firm, or corporation constructing a building or other improvements on his, her, or its own property, provided that any of the work contracted out complies with the definition in this chapter for general contractor. A municipal governing body or municipal regulatory body may not enact any ordinance or law restricting or altering this exemption. Any municipal ordinance or regulation that conflicts with this exemption is repealed effective June 11, 2015.

(4) The installation, repair, maintenance, or removal of facilities, equipment, or systems used in or substantially related to the generation, transmission, or distribution of electric power, natural gas, or telecommunications in an emergency by a utility regulated by the Public Service Commission, or any entity engaged in the generation, transmission, or distribution of electric power, natural gas, or telecommunications, or any of their respective general contractors or subcontractors, provided the work is performed under the supervision of a licensed architect or engineer. For purposes of this subdivision, the term “emergency” is defined as a situation whereby service to the consumer has been interrupted or may be interrupted if work to remedy the emergency is not performed and completed within 60 days, and such other situations that are determined to be an emergency in the discretion of the board.

(5) The repair, maintenance, replacement, reinstallation, or removal of facilities, equipment, or systems used in or substantially related to the generation, transmission, or distribution of electric power, natural gas, or telecommunications on a routine, regular, or recurring basis by a utility regulated by the Public Service Commission or any entity engaged in the generation, transmission, or distribution of electric power, natural gas, or telecommunications or any of their respective general contractors or subcontractors, provided the work is performed under the supervision of a licensed architect or engineer.

(6) Routine or regular maintenance, repair, replacement, reinstallation, or removal of equipment, specialized technological processes, or equipment facility systems as determined by the board with regard to scope, frequency, and specialty of the work to be performed.

(7) Routine landscape maintenance work that includes cutting grass; trimming, replacing, and removal of bushes, shrubs, and similar items; the placement and removal of pine straw, mulch, bark, and similar ground covers; and pressure washing services and other routine ground maintenance.

(8) The provision of temporary labor by a labor broker or other temporary labor provider that provides workers to a general contractor to perform work under the supervision and control of that general contractor. For the purposes of licensing, temporary workers are deemed to fall under the license of the general contractor to whom they are provided. This exemption does not allow labor brokers or other temporary labor providers to act as subcontractors or to assume a scope of work for a project as a subcontractor.

(9) Routine or regular maintenance, repair, or removal of the following, as determined by the board with regard to scope, frequency, and specialty of the work to be performed:

a. Existing security and access control systems.

b. Existing lighting and filter systems.

c. Existing plumbing, air conditioning, and electrical systems.

d. Existing paint on painted surfaces.

(10) Routine cleaning, waste disposal, and janitorial services, including the cleaning, stripping, and waxing of floors.

(b) A subcontractor, as defined in Section 34-8-1(c), is subject to and shall comply with this chapter as specified for a general contractor except as follows:

(1) A subcontractor shall pay one-half of the fees required in this chapter for a general contractor.

(2) No bid limits shall be established for a subcontractor.

(3) A subcontractor shall submit with license application and renewals a statement of financial condition as prescribed by the board.

(4) A subcontractor shall furnish three references from any combination of the following: Licensed general contractors, registered professional engineers, or registered architects, or qualified persons, as declared by the board, for whom he or she has worked. If a subcontractor has only been employed by one company, the subcontractor shall provide the following: Three or more jobs he or she has worked on, the amounts of the contracts, the time period of the contracts, the location of the contracts, and a statement of experience.

(5) A subcontractor is not required to be licensed at the time a project is bid, but must be licensed with the board prior to beginning work on the project.

(6) A general contractor license and license number issued by the board to subcontractors shall denote subcontractor status.

(7) A subcontractor is not required to sit for any examination before being licensed.