(a) Except as provided in Section 13A-9-111.1, any person who undertakes or attempts to undertake the business of residential home building without holding a current and valid residential home builders license, issued by the Home Builders Licensure Board, as required by this chapter, or who knowingly presents to, or files false information with the board for the purpose of obtaining the license or who violates any law or code adopted by a county commission under this chapter shall be deemed guilty of a Class A misdemeanor.
(b) Upon notice from the board, any person who undertakes or attempts to undertake the business of residential home building without holding a current and valid residential home builders license, as required by this chapter, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his or her agent, or to the residential home builder, or to the person doing the work, and shall state the conditions under which work may be resumed.
(c) The board may invoke a complaint procedure against any person who violates this chapter by undertaking or attempting to undertake the business of home building without holding a current and valid residential home builders license issued by the board. Whenever it appears to the board that any residential home builder has violated or is about to violate this chapter, the board may resolve the violation by agreement with the residential home builder, may initiate a complaint against the residential home builder, and may levy and collect administrative fines for violations of this chapter or the rules of the board in an amount not to exceed five thousand dollars ($5,000) for each violation.
(d) A residential home builder, who does not have the license required, shall not bring or maintain any action to enforce the provisions of any contract for residential home building which he or she entered into in violation of this chapter.
(e) Whenever it appears to the board that any residential home builder has violated or is about to violate this chapter, the board may in its own name petition the circuit court of the county where the violation occurred or is about to occur to issue a temporary restraining order or other appropriate injunctive relief enjoining the violation.
Structure Code of Alabama
Title 34 - Professions and Businesses.
Chapter 14A - Home Building and Home Improvement Industries.
Section 34-14A-1 - Legislative Intent.
Section 34-14A-2 - Definitions.
Section 34-14A-3 - Home Builders Licensure Board.
Section 34-14A-4 - Officers; Meetings; Compensation.
Section 34-14A-5 - Licenses Required; Exceptions; Fees.
Section 34-14A-6 - Exemptions.
Section 34-14A-7 - Applications for Issuance or Renewal of License; Records; Inactive License.
Section 34-14A-8.1 - Public Records; Confidential Records and Closed Proceedings; Discovery.
Section 34-14A-9 - Roster of Licensees.
Section 34-14A-10 - Annual Report of Board.
Section 34-14A-11 - Promulgation of Rules and Regulations; Mailings.
Section 34-14A-12 - Standards of Practice; Building Laws and Codes.
Section 34-14A-13 - Issuance of Permits.
Section 34-14A-14 - Violations; Complaint Procedures.
Section 34-14A-15 - Recovery Fund.
Section 34-14A-16 - Applicability to Certain Counties.
Section 34-14A-17 - Sunset Provision.
Section 34-14A-18 - Acquisition, etc., of Real Property; Property Acquisition Fund.
Section 34-14A-19 - Proof of Liability Insurance Prior to Construction.