IN GENERAL

Huntsville Code of Ordinances ch. 7, art. I

in effect

Huntsville Code of Ordinances § 7-1 Definitions.

Sec. 7-1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Building official, when it appears in the International Codes, means the director of the inspection department. Contractor, appearing without reference to a specific type of contractor defined in this section, means all contractors defined in this section, unless the context clearly indicates otherwise. Department of building safety, when it appears in the International Codes, means the inspection department. Electrical contractor means any person who is engaged in the business of installing electrical power or control systems; or maintaining, altering or repairing any electrical wiring devices, equipment or any other electrical apparatus, and who has a state masters certification from the State of Alabama Electrical Board or who has successfully passed a comparable exam as administered by a local authority, subject to the provisions of sections 7-134 and 7-135. Gas contractor means any person engaged in or proposing to engage in the business of contracting to do, or of superintending, the installation, maintenance or repair of gas systems and/or gas work, and who is certified as a master gasfitter by the Alabama State Plumbers and Gasfitters Examining Board. General contractor means any person who, for a fixed price, commission, fee or wage, undertakes to construct or superintend or engage in the construction, alteration, maintenance, repair, rehabilitation, remediation, reclamation or demolition of any commercial building, project or improvement, and who is licensed by the State Licensing Board for General Contractors. Heating and air conditioning contractor means any person who for hire is engaged in the installation or service and repair of heating and air conditioning systems and who is certified by the State of Alabama Board of Heating and Air Conditioning Contractors. Plumbing contractor means any person engaged in or proposing to engage in the business of contracting to do, and/or of superintending, the installation, maintenance or repair of plumbing, and who is certified as a master plumber by the Alabama State Plumbers and Gasfitters Examining Board. Residential contractor means any person who constructs a residential building or structure for sale or who, for a fixed price, commission, fee or wage, undertakes or offers to undertake the construction or superintending of the construction of any building or structure which is not over three floors in height and which does not have more than four units in an apartment complex, or the repair, improvement or re-improvement, to be used by another as a residence, and who is licensed by the State Homebuilders Licensure Board. A residential contractor may contract for commercial work where the cost of the undertaking is less than $50,000.00. Subcontractor/specialty contractor means a contractor other than a plumbing, general, residential, heating/air conditioning, gas or electrical contractor who, for a fixed price, commission, fee or wage, is engaged in the business of making minor repairs (no structural work except as provided within this definition) to buildings or structures or erecting or altering specific items (no structural work except as provided within this definition) to buildings or structures or the installation of specialty products, such as but not limited to storm doors and windows, tile, carpets, aluminum awnings or siding, swimming pools, kitchen cabinets, alarm systems, elevators, sound systems and sign installation. Approved subcontractors/specialty contractors are allowed to do structural work when working as a subcontractor under the direct supervision of a licensed general contractor or a property owner authorized to act as his own general contractor. Subcontractors/specialty contractors must have any certification required by state law. (Ord. No. 98-629, § A(7-1), 9-10-1998; Ord. No. 05-80, § A, 3-10-2005)

Huntsville Code of Ordinances § 7-2 Application of chapter.

Sec. 7-2. - Application of chapter. All the provisions of this chapter shall apply with equal force to both public and private buildings within the jurisdiction. (Ord. No. 98-629, § A(7-2), 9-10-1998; Ord. No. 05-80, § A, 3-10-2005)

Huntsville Code of Ordinances § 7-3 Violations.

Sec. 7-3. - Violations. Any person who shall violate a provision of or fail to comply with this chapter, or with any of its requirements or who shall erect, construct, alter, demolish or move any structure, or has erected, constructed, altered, repaired, moved or demolished a building or structure in violation of a detailed statement or drawing submitted and approved under this chapter, or shall fail to comply with an order made under the provisions of this chapter, shall be guilty of a violation of this chapter. Each such person shall be deemed guilty of a separate offense for each and every day or portion of a day during which any violation of any of the provisions of this chapter is committed or continued. (Ord. No. 98-629, § A(7-3), 9-10-1998; Ord. No. 05-80, § A, 3-10-2005)

Huntsville Code of Ordinances § 7-4 Certification as to improvements prerequisite to certificate of occupancy in residential subdivision.

Sec. 7-4. - Certification as to improvements prerequisite to certificate of occupancy in residential subdivision. The director of the inspection department shall not issue a certificate of occupancy in any residential subdivision until he shall have received from the city engineer certification that the improvements in the subdivision pertaining to that particular lot have been constructed according to plans and specifications as approved by the city, and will be accepted for maintenance by the city at such time as the remaining public improvements within the subdivision have been completed and accepted by the city. (Ord. No. 98-629, § A(7-4), 9-10-1998; Ord. No. 05-80, § A, 3-10-2005)

Huntsville Code of Ordinances § 7-5 Easements.

Sec. 7-5. - Easements. (a) It shall be unlawful for any person to build, construct or erect, or cause to be built, constructed or erected, any building or structure over, along or upon any utility, drainage or sanitary sewer easement in the city limits. (b) Any building or structure built or erected in violation of subsection (a) of this section shall be subject to abatement and removal as a nuisance in addition to being subject to other sanctions of law or in equity. (Code 1982, § 7-144; Ord. No. 05-80, § A, 3-10-2005)

Huntsville Code of Ordinances § 7-6 Application of building code.

Sec. 7-6. - Application of building code. (a) The provisions of section 508 of the Standard Building Code (Accessibility for the Physically Handicapped), as published by the Southern Building Code Congress International, Inc., Birmingham, Alabama, 1988 edition, as adopted by Ordinance No. 89-481 on October 26, 1989, shall apply to existing structures and installations subject to exemptions and exceptions as follows: The provisions of this section apply to existing structures and installations in occupancy groups A, B, I (group 1 only), M, R (hotels and motels only), and S (automotive parking structures only) only. (b) All parking spaces designated for parking by persons with disabilities for parking by persons with disabilities as required by table 1 shall be designated with standard painted lines, signs and symbols as established by Resolution No. 93-756. Access ramps shall be constructed in accordance with the design standards outlined in Resolution No. 93-756. TABLE 1 PARKING SPACES AND PASSENGER LOADING ZONES FOR PERSONS WITH DISABILITIES Total Spaces or Zones Required Number 1—25 .....1 26—50 .....2 51—75 .....3 76—100 .....4 101—150 .....5 151—200 .....6 201—300 .....7 301—400 .....8 401—500 .....9 501—1,000 percentage of total .....2 Over 1,000 .....20 Plus for each 100 over 1,000 .....1 (1) One in every eight of accessible spaces, but not less than one must be designated as "van accessible." However, this designation is not required if all accessible spaces are 132 inches wide with a 60-inch access isle. (2) Compliance with this section shall be accomplished at the expense of the owner, lessee, designated agent or person in control of the property for existing buildings and parking lots within 30 days from the receipt of notice from the parking division manager that the property in question is to be modified in compliance with this section. Compliance with this section for proposed structures shall be by the building inspection division. (3) Compliance shall be accomplished after consultation with the director of public works services or his duly authorized and designated assistants and in accordance with a plan recommended or approved by him. In approving such plan, the director shall require, where practicable, that parking spaces and access ramps be located so as to be reasonably convenient to entrances accessible to the general public for persons with disabilities. (4) Any person who has received a notice to comply with the ordinances from the director of public works services, within 30 days from the receipt of the notice, may appeal the notice to the board of examinations and appeals for construction industries pursuant the Southern Building Code. (5) Any order of compliance issued by the parking division manager as the board shall specify a specific but reasonable time for compliance. It shall be unlawful and an offense for any person to fail, after notice from the director of public works services, to comply with the provisions of this section. Failure to comply will result in the issuance of a citation to the proper authority and an appearance before a municipal judge. Maintenance of the parking and ramp provisions of this section will be at the expense of the owner, lessee, designated agent or person in control of the property. Failure to maintain these provisions will be punishable after proper notice and by the issuance of a citation and an appearance before a municipal judge. (c) The provisions of this section as to retrofit design and location of marked spaces and access ramps to existing buildings and structures shall be enforced by the director of public works services or his duly authorized and designated assistant. Any structural modifications, items of work and requirements covered by the adopted Standard Building Code shall be referred to and shall be the responsibility of the manager of inspection. (d) Enforcement of compliance for providing handicapped parking spaces and associated access to the doors and structures shall be provided by the manager of inspection. Design approval for handicapped parking spaces and associated access to the building doors for new facilities shall be obtained from the director of public works services or his duly authorized and designated assistants. (e) It shall be unlawful for any person to park, stop or store any vehicle or to store or display any materials or products, whether for sale or not, in such a way that will block access into or out of a handicapped parking space or block access to designated handicapped ramps, access aisles and/or walkways. Handicapped parking spaces and ramps shall be located and protected to prevent their obstruction by any means. (f) Nothing in this section shall relieve any person from the responsibility of securing an appropriate permit from the building official when otherwise requested by the law or ordinance. (Ord. No. 93-755, §§ 1—6, 11-9-1993; Ord. No. 05-80, § A, 3-10-2005)

Huntsville Code of Ordinances § 7-7 Portable storage structure permit fee regulations.

Sec. 7-7. - Portable storage structure permit fee regulations. (a) Definitions. For the purposes of this section, the following term shall have the respective meaning ascribed by this section: Portable storage structure means a transportable storage structure that is designed and used primarily for the storage of household goods, personal items and other materials for use on a limited basis on residential property. Such structures are uniquely designed for their ease of loading to and from a transport vehicle. The trailer portion of a tractor trailer, boxcars and shipping containers shall also be considered portable storage structures when expressly used for the purposes of on-site storage in residential districts. (b) Levy of permit fee. There is hereby levied and imposed a portable storage structure permit fee in the amount of $10.00 upon every person engaging in the placement of a portable storage structure on a residential lot without an active building permit. Each portable storage structure permit is a conditional permit and is issued by the Zoning Administrator of the City of Huntsville, Alabama, under the terms and conditions as governed by Ordinance No. 08-529 as adopted by the City Council for the City of Huntsville, Alabama, on July 31, 2008. (Ord. No. 08-778, §§ 1, 2, 8-28-2008)

Source: City of Huntsville, Alabama, publisher code (Municode) + enacted ordinances (City Council/Legistar)URL: https://library.municode.com/al/huntsville/codes/code_of_ordinances?nodeId=COOR_CH7BUBURE_ARTIINGEFetched: 11/6/2026