Ala. Admin. Code r. 584-X-1-.03

Current through Register Vol. 42, No. 10, July 31, 2024

Section 584-X-1-.03 - Permissible And Prohibited Modifications

(1)Responsibility for Preservation and Protection. Pursuant to Code of Ala. 1975, § 41-9-233, the governmental entity responsible for an architecturally significant building, memorial building, memorial school, memorial street, or monument may take proper and appropriate measures and exercise proper and appropriate means for the protection, preservation, care, repair, or restoration of those monuments, streets, or buildings.

(2)Permissible Modifications, Architecturally Significant Buildings. Permissible modifications, which include actions to the extent necessary for protection, preservation, care, repair, or restoration, include the following:

(a) Routine preventive maintenance of the structure, building systems, roof, or other building components that are necessary to maintain the building's integrity, appearance, or function and extend the life of the building without affecting its listing in or eligibility for the National Register of Historic Places. This work typically includes routine cleaning, replacement of filters, sealing, painting, or other periodic and repetitive work required to maintain the building. All work should follow the Secretary of the Interior's Standards for Rehabilitation.

(b) Repair work is work that is required to repair broken or worn out components that are necessary to maintain the building's integrity, appearance, or function and extend the life of the building without affecting its listing in or eligibility for the National Register of Historic Places. This work typically includes the removal of broken, missing, or worn-out building components and repairing them or replacing them in kind. Examples include the repair of rotten wood, replacement of a worn-out compressor, or the repair of a broken fixture. All work should follow the Secretary of the Interior's Standards for Rehabilitation.

(c) Replacement of systems beyond their useful life, but which are required to maintain the use of the building. This work typically includes the replacement or upgrade of a building system, such as an electrical system; heating, ventilation and air conditioning (HVAC) system; roofing system; or other major building components that are required to extend the useful life of the historic building. All replacement work must not affect a building's listing in or eligibility for the National Register of Historic Places. All work should follow the Secretary of the Interior's Standards for Rehabilitation.

(d) Additions to architecturally significant buildings are permitted when the additions do not affect the building' s listing in or eligibility for the National Register of Historic Places. All work should follow the Secretary of the Interior's Standards for Rehabilitation. Proposed additions to architecturally significant buildings shall be reviewed in accordance with the Secretary of the Interior's Standards for Rehabilitation.

(3)Permissible Modifications, Memorial Buildings. Permissible modifications, which include actions necessary for protection, preservation, care, repair, or restoration, include the following:

(a) Routine preventive maintenance, repair work, replacement of systems, changes or upgrades to the building to mitigate further physical damage, replacement of outdated building systems, and other minor changes that are compatible with the architecture and style of the building at the time of its dedication or commemoration.

(b) Renovations and additions that allow for the continued use of the building or increase its functionality without detracting from the original memorial building.

(4)Permissible Modifications, Names of Architecturally Significant Buildings, Memorial Buildings, and Memorial Schools.

(a) The name of an architecturally significant building, memorial building, or memorial school may be transferred from one facility to another comparable facility with a similar function if the originally dedicated facility is closed or ceases to function. If the function of the facility ceases, the name is not transferred to a different facility, and the first facility is repurposed for another public use, the memorial name shall be retained and modified to reflect the new use of the facility if the new use of the facility is comparable to its prior use as a public facility (e.g. Jane Smith Middle School to Jane Smith Community Center).

(b) Name changes that only affect the portions of the name that relate to the purpose, function, or use and that do not include changes to the name of the event, person, group, movement, or military service for which originally dedicated are permissible as long as the change in purpose, function, or use remains consistent with the purpose for which originally dedicated (e.g. John Doe Elementary School to John Doe Middle School).

(5)Permissible Modifications, Memorial Streets.

(a) Any work that is intended to be for the protection, preservation, care, repair, or restoration of the memorial street, including expansions.

(6)Permissible Modifications, Monuments.

(a) Any work that is intended to be for the protection, preservation, care, repair or restoration of the monument including cleaning, restoration, and repairs, and which does not substantively affect the content or existing appearance of the monument.

(b) Portraits and other interior monuments may be placed in a new location as long as the new location is in the same building, is equally visible, and of equal prominence as the original location at the time of the portrait's or monument's original dedication or commemoration.

Ala. Admin. Code r. 584-X-1-.03

Adopted by Alabama Administrative Monthly Volume XXXVIII, Issue No. 07, April 30, 2020, eff. 6/14/2020.

Author: Alyce M. Spruell, Chair

Statutory Authority:Code of Ala. 1975, § 41-9-237.