Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO:
KRS
198B.090,
198B.095,
198B.4009,
198B.4023,
198B.4025,
198B.6504, 198B. 6409, 198B.654, 198B.664, 198B.684, 227.570, 227.590,
227A.040, 227A.100, 318.054, 318.130
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
198B.090(1)(a) requires the
department to create and administer a certification program for building
inspectors.
KRS
198B.095(1) authorizes the
department to promulgate administrative regulations to create a building
inspectors training program.
KRS
198B.4009(3) authorizes the
department to promulgate administrative regulations necessary to implement the
provisions of
KRS
198B.400 through
198B.540.
KRS
198B.4025(3) authorizes the
department to promulgate an administrative regulation to establish requirements
for approval of continuing education programs.
KRS
198B.6409 requires the department to
promulgate an administrative regulation to establish requirements for approval
of continuing education programs and continuing education courses for certified
fire sprinkler inspectors.
KRS
198B.654(1) requires the
department to promulgate administrative regulations necessary to enforce the
provisions of
KRS
198B.650 through
198B.689.
KRS
198B.684 authorizes the department to
promulgate an administrative regulation to establish requirements for approval
of continuing education courses and providers.
KRS
227.590(1) requires the
department to make and enforce administrative regulations to implement
KRS
227.550 through
227.660.
KRS
227.570(3) requires the
department to establish the standards for the certified installer seal program.
KRS
227A.040(8) authorizes the
department to promulgate administrative regulations to establish procedures to
govern the licensure of electricians and electrical contractors.
KRS
227A.100(7) requires the
department to promulgate an administrative regulation to establish requirements
relating to continuing education, including program content and qualifications
of providers.
KRS
318.054 authorizes the department to adopt
continuing education requirements for plumbers. This administrative regulation
establishes the requirements for approval of continuing education courses and
providers.
Section 1. Requirements for
Continuing Education Provider Approval.
(1) A
continuing education course provider shall be registered with the
department.
(2) A course provider
may be one of the following:
(a) Any
individual, company, or organization approved by the department;
(b) A course provider of elevator continuing
education may be an organization listed in
KRS
198B.4025(3); or
(c) A course provider of electrical
continuing education may be an organization listed in
KRS
227A.100(7).
(3) Application.
(a) Each continuing education course provider
shall apply to the department by submitting a completed Form HBC CE-1,
Application for Course Provider Approval.
(b) A course provider that intends to offer
courses covering material applicable to more than one of building inspectors,
elevators, fire sprinklers, HVAC, certified installers, electrical, or plumbing
shall submit one application to register with the department.
(4) The department shall maintain
a list of current approved continuing education providers.
(5) A course provider shall report to the
department any change in the registration information within ten (10) days of
the change taking effect.
(6)
Course provider registration shall be valid for two (2) years from the date of
issuance.
(7) Renewal.
(a) A course provider shall renew its
registration with the department prior to expiration of the course provider
registration.
(b) A course provider
shall submit an updated Form HBC CE-1 to the department for renewal.
(8) Inactive course provider.
(a) If a course provider does not hold at
least one (1) class annually, then the course provider's approval shall be
marked as inactive by the department.
(b) A course provider whose approval is
inactive shall reapply to the department by submitting a completed for HBC CE-1
before offering a course.
(9) Revocation. The department may revoke a
course provider's approval if the department determines that the course
provider:
(a) Obtains, or attempts to obtain,
registration of course approval through fraud, false statements, or
misrepresentation;
(b) Does not
provide complete and accurate information either in the initial registration or
in notification of changes to information;
(c) Advertises a continuing education course
as being approved by the department prior to receiving approval;
(d) Engages in fraudulent or deceptive
business practices; or
(e) Fails to
comply with the requirements of this administrative regulation.
(10) A course provider may request
a hearing pursuant to KRS Chapter 13B to challenge a denial or a revocation of
the course provider's registration.
Section 2. Requirements for Continuing
Education Course Approval.
(1) Each continuing
education course shall be approved by the department.
(2) Only an approved course provider
registered with the department shall provide continuing education
courses.
(3) Application. Each
course provider shall submit a completed Form HBC CE-2, Application for
Continuing Education Course Approval at least thirty (30) business days prior
to the proposed new course's first class date.
(4) Course information changes.
(a) A course provider shall submit any change
in course information within ten (10) days of the intended change taking
effect.
(b) All course information
changes shall be approved by the department before the changes may take
effect.
(c) If a course change
affects a class that is already scheduled, the course provider shall notify all
licensees or certificate holders that have registered for the class.
(5) Class schedule. A course
provider shall submit a class schedule for an approved course at least ten (10)
days before the class date. The class schedule shall include the following:
(a) Times and dates that classes will be
offered;
(b) The location where
classes will be offered; and
(c)
Availability of the class to the public.
Section 3. Online Continuing Education.
(1) Online continuing education courses
shall:
(a) Be provided by a continuing
education provider registered with the department;
(b) Except as established in subparagraph 3.
of this subsection, include personal security questions, consisting of:
1. One (1) random security question at each
log-in; and
2. Remaining security
questions at intervals not to exceed twenty (20) minutes.
3. Online continuing education programs with
alternative assurances of user involvement shall not comply with interval
security questions.
(c)
Allow course participants access to the course for a minimum of thirty (30)
days following receipt of payment for the course;
(d) Make the course certificate of completion
available online for twelve (12) months to any licensee who completes an online
course;
(e) Retain a record of all
course applications and completions for a minimum of three (3) years;
and
(f) Be capable of storing
course content questions as follows:
1. Stored
content questions shall equal 150 percent of the content questions required;
and
2. Duplicate questions shall
not be permitted.
(2) A minimum of four (4) content questions,
chosen randomly from stored content questions, shall be answered during each
twenty (20) minutes of continuing education programming.
(3) Notification of correct and incorrect
answers prior to completion of the online course and issuance of a certificate
of completion shall not be permitted.
Section 4. Continuing Education Course
Records.
(1) Each registered course provider
shall establish and maintain the following records for each approved course for
three (3) years:
(a) Certificates of
completion as provided in subsection (2) of this section;
(b) An attendance sign-in and sign-out sheet;
and
(c) A course
syllabus.
(2)
Certificates of completion.
(a) Each
registered course provider shall issue a certificate of completion for each
participant who enrolled and completed an approved continuing education
course.
(b) Certificates of
completion shall contain the following individual participant's information:
1. Name;
2. License number or numbers;
3. Date of attendance; and
4. Course, or courses, completed.
(c) The course provider shall
submit a certificate of completion:
1.
Electronically to the department; or
2. By hard copy provided to the licensee or
certificate holder.
Section 5. Reschedule and Cancellations.
(1) If a course provider cancels a course,
the course provider shall notify the department and persons registered for the
course at least five (5) business days prior to the cancelation, unless
conditions exist that would preclude a five (5) business day notification of
cancellation.
Section 6.
Course Audits.
(1) Records requested in
writing by the department shall be delivered to the department within ten (10)
business days of the requesting date.
(2) Representatives of the department may
attend an approved continuing education course at no charge to ensure that the
course meets the stated objectives provided by the course provider and that the
course complies with this administrative regulation.
Section 7. Incorporated by Reference.
(1) The following material is incorporated by
reference:
(a) "Form HBC CE-1, Application for
Course Provider Approval," May 2020; and
(b) "Form HBC CE-2, Application for
Continuing Education Course Approval," May 2020.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department of Housing,
Buildings and Construction, 500 Mero Street, Frankfort, Kentucky 40601, Monday
through Friday, 8 a.m. to 4:30 p.m. and is available online at
http://dhbc.ky.gov.
45 Ky.R. 876,
1530; eff. 1-4-2019; TAm eff. 5-29-2020.
STATUTORY AUTHORITY:
KRS
198B.090(1)(a),
198B.095(1),
198B.4009(3),
198B.4025(3),
198B.6409(5),
198B.654(1),
198B.684,
227.570(4),
227.590(1),
227A.040(8),
227A.100(7),
318.054,
318.130