(A) Generally.
(1) Continuing education courses for
manufactured homes installers and certified inspectors shall
assure
ensure
that licensees possess the knowledge, skills, and competence necessary to
function as manufactured homes installers or certified inspectors in a manner
that protects and serves the public interest. The knowledge or skills taught in
any continuing education course shall enable the licensee or certified
inspector to better serve manufactured homes consumers and shall be directly
related to manufactured homes installation or inspection operations.
(2) Any continuing education course that is
conducted in Ohio or primarily for the benefit of Ohio licensees or
inspectors, shall accurately and completely
address any unique Ohio laws, codes, rules, customary practices, or approved
methods, relevant to the subject matter being taught.
(3) No continuing education course instructor
shall instruct students in any manner or on any subject that contradicts any
statute, court decision, administrative rule, or order that has been issued by
the commission
division.
(4) Continuing education may include any
commission
division-approved classroom, independent, distance, or field study. A course that includes field
coursework shall also include at least two continuing education credit units of
home installation or inspection with hands-on, direct experience using all
tools, customary practices, and approved methods,
specifically relevant to the installation or inspection of manufactured
homes,
and
as well as
instruction as to the safe use of such procedures and tools. To be considered
for approval as a field safety course, at least two hours of continuing
education units shall be devoted to field safety practices.
(5) "Good cause" waivers or extensions.
(a) The commission
division
may waive any portion of the continuing education hours requirements or the
rules promulgated thereunder in cases of certified illness, disability,
military service, foreign residence, or for good cause that prevents the
attendance of approved continuing education courses by a person holding a
license or certification pursuant to Chapter 4781. of the Revised Code or
extend the time for the licensee or inspector to complete the required
continuing education requirements if the licensee or inspector has
substantially met the other renewal requirements as set forth in Chapter 4781.
of the Revised Code and the rules promulgated thereunder. Continuing education
waivers or extensions of time to complete the
required continuing education requirements shall be determined by the
commission
division or its designee on a case-by-case
basis.
(b) If the
commission
division grants an extension of time to complete the
continuing education requirements and the license has expired, such license
shall not be reissued until the licensee has completed the required continuing
education requirements.
(c) For the
purpose of this rule, "good cause" means any non-reoccurring facts or
circumstances outside the control of the licensee or inspector that hindered or
prevented the licensee from completing the required hours of continuing
education for the renewal of the license or certification by the expiration of
the license or certification.
(6) Pursuant to Chapter 4781. of the Revised
Code, if the continuing education requirements are not timely met by an
individual on or before the expiration date set forth on the license or
certification, the license or
certificate
certification shall be suspended automatically without
the taking of any action by the commission
division or
its executive director
superintendent. Failure to reactivate the license or
certification as provided in this rule shall result in automatic revocation of
the license without the taking of any action by the commission
division or
executive director
superintendent.
(B) Courses qualifying for continuing
education credit.
(1) Credit shall be given
only for courses that have been approved by thecommission
division. Courses
approved by the division for continuing education for installers shall also
meet the continuing education requirements for certified manufactured home
inspectors.
(2)
Notwithstanding paragraph (B)(1) of this rule, a licensee or inspector may
request that the
commission
division
award continuing education credit for a course or related educational activity
that has not been pre-approved by the
commission
division.
The licensee or inspector seeking such approval shall submit documentation to
the
commission
division consisting of all the required information
set forth in paragraph (B)(2) of rule
4781-8-02 of the Administrative Code. The licensee or inspector seeking approval shall also submit a nonrefundable fee not to exceed fifty dollars for each course or related educational activity to be reviewed. The fee may be paid by check or money order made payable to the "Treasurer, State of Ohio," or by credit card.
Any
online credit card payment
of fees may be subject to a convenience fee
as charged to the division.
(3) Continuing education hours obtained by
individuals holding
a license or certification
pursuant to Chapter 4781. of the Revised Code and the rules promulgated
thereunder may carry forward course credit from one year to another within the
same renewal period.
(4) Continuing education hours for
inspectors and installers may be obtained from commission approved continuing
education courses for up to, but not exceeding, one half of the total
commission required continuing education hours. The inspector and installer
must submit a copy of the course attendance certificate which indicates the
date the course was attended, the name of the attendee, the number of
continuing education credit hours, and a check for five dollars per credit hour
plus five dollars per credit hour for an administrative fee. A check or money
order, or payment by credit card shall be made payable to "Treasurer - State of
Ohio." Any on-line payment made by credit card may be subject to a convenience
fee. The continuing education course must be attended during the period of the
inspector or installer current license period.
(C) Fees for continuing
education.
(1) The sponsor of an approved
continuing education course may establish the amount of the fee to be charged
to students taking the course. The established fee shall be an all-inclusive
fee, and no separate or additional fee may be charged to students for providing
course materials, providing course completion certificates, reporting course
completion to the commission, or for recouping similar routine administrative
expenses. The total amount of any fees to be charged shall be conspicuously
noted in any advertising or promotional materials for the
course.
(D) Class enrollment; facility
requirements.
(1) All continuing education courses
shall be open to licensees or inspectors on a first-come, first-served basis.
The sponsor of a course that has a bona-fide educational or experience
prerequisite may refuse admission to a licensee or inspector who does not
satisfy the prerequisite.
(2) A classroom in which a course is
provided shall:
(a) Accommodate all enrolled
students;
(b) Be equipped with student desks,
worktables with chairs, or other seating arrangement which provides a surface
whereby each student can sit and write, except if the course is conducted in a
field setting;
(c) Have sufficient light, heat,
cooling, and ventilation, except if a course is conducted in a field
setting;
(d) Have a public address system
such that all students can hear the instructor clearly, if
needed;
(e) Provide a direct, unobstructed
line of sight from each student to the instructor and all teaching aids;
and
(f) Be free of distractions that
would disrupt class sessions.
(3) No class shall exceed sixty
students without prior approval of the commission.
(C)
A prospective training agency shall obtain written
approval from the division before the training agency may offer, conduct,
advertise, or otherwise represent that the course is or may be approved by the
division for continuing education credit in Ohio.
(D)
Prospective
training agencies for manufactured home installers and inspectors shall submit
a completed application form with the following information:
(1)
Name, address,
email address, facsimile, and telephone number of the training
agency;
(2)
Name, address, email address, facsimile, and telephone
number of the owner(s) of the training agency;
(3)
Information on
whether the owner of the training agency is a local or state inspector and
whether the owner's participation would create a conflict of interest as opined
by the Ohio ethics commission advisory opinion 98-005;
(4)
A description of
the purpose of the agency;
(5)
Policy regarding
attendance and procedure for record keeping of attendance;
(6)
Acknowledgment
that the training agency will adhere to the division's rules, procedures, and
standards; and
(7)
Any other information that the division deems
necessary.
(E)
The division shall maintain a current listing of all
approved training agencies that provide continuing education for manufactured
home installers.
(F)
The division or its designee shall notify the training
agency of its approval or disapproval of the training agency's application
within sixty business days after receipt of the application. A training agency
is approved for a period of one year.
(G)
An approved
training agency shall pay the annual fees required pursuant to rule 4781-9-05.Suchfees shall be submitted to the division with the attendance reports.
(H)
A training agency shall file its renewal application
for approval not more than sixty days nor less than thirty days prior to the
expiration of the previous approval.
(I)
No training
agency shall advertise or otherwise notify any licensee that a course of study
or program of instruction has been approved by the division until such course
or program has been approved.
(J)
Any training
agency that fails to comply with this rule or rules 4781-9-02 to 4781-9-06 of the Administrative Code may have its approval revoked or not renewed. Any training agency that has been revoked or not renewed may appeal the decision pursuant to Chapter 119. of the Revised Code.
(E)
(K) Accommodations for
students with disabilities.
Course sponsors
Training agencies shall comply with the "Americans
with Disabilities Act of 1990," 104 Stat. 327,
42 U.S.C. 12101, or other laws requiring
sponsors
training
agencies to accommodate persons with disabilities.
Replaces: 4781-9-02
