5.1
GENERAL
110.R5.1.1
Scope. The provisions of 780 CMR 110.R5 shall govern the licensing
of construction supervisors
110.R5.1.2
Definitions. Unless
otherwise expressly stated in 780 CMR the following terms shall, for the
purpose of 780 CMR 110.R5, have the meaning indicated in 780 CMR 110.R5.1.2.
BBRS. State Board of Building Regulations and
Standards.
CONSTRUCTION SUPERVISOR. A person of good moral
character who is deemed qualified by the BBRS to directly supervise persons
engaged in the scope of work shown in Table 110.R5.1. Such term shall also
apply to persons supervising themselves.
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Code
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Designation
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Note 1
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Table 110.R5.1 Construction Supervisor License
(CSL) Scope of Work
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nonea
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CSLa
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a, b, c, d
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Construction, reconstruction, alteration, repair,
removal, or demolition
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none
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CSL 1&2 Family Dwellings
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b
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Construction, reconstruction, alteration, repair,
removal, or demolition
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1A
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CSL Masonryb
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a, b, c, d
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Construction, reconstruction, alteration, repair,
removal, or demolition of masonry structures that require a permit. Not
applicable for construction of masonry buildings
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RF
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CSL Roof Coveringa
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a, b, c
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Construction, reconstruction, alteration, repair, or
removal of roof covering, including repair and replacement of 25% of sheathing
and 25% of sistering roof rafters
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WS
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CSL Window and
Sidingb
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a, b, c
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Construction, reconstruction, alteration, repair, or
removal of doors, windows and siding including repair and replacement of
damaged window or door framing < 4' wide and up to 25% of sheathing
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SF
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CSL Solid Fuel-Burning
Applianceb
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a, b, c
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Installation of solid fuel burning appliances but
does not allow work on any structural elements, including sheathing, with the
exception of that required for the installation of either the inlet or exhaust
elements
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DM
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CSL Demolitionb
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a, b, c, d
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Demolition only.
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IC
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CSL Insulationb
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a, b, c
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Installation of insulation including repair and
replacement of sheathing and siding necessary to access wall cavities
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b. Specialty License
a. formerly known as "00, Unrestricted" CSL
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Note 1: Building Types and Structures
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a
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Buildings of any use group which contain less than
35,000 cubic feet (991m3) of enclosed space.
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b
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One- and two-family dwellings or any accessory
building thereto, irrespective of size.
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c
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Building or structures for agricultural use.
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d
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Retaining walls less than ten feet in height at all
points along the wall as measured from the base of the footing to the top of
the wall.
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HEARINGS OFFICER The Hearings Officer is the
person selected by the Department of Public Safety and approved by the Chair of
the BBRS to carry out the disposition of complaints against licensed
construction supervisors.
HOMEOWNER Person(s) who owns a parcel of land on
which he/she resides or intends to reside, on which there is, or is intended to
be, a one- or two-family dwelling, attached or detached structures accessory to
such use and/or farm structures. A person who constructs more than one home in
a two-year period shall not be considered a homeowner.
LICENSED DESIGNEE. Any individual designated by
the license holder to be present, in the absence of said license holder, during
any of the periods stated in 780 CMR 110.R5.2.12. Such designee shall also hold
a Construction Supervisor's License in the appropriate category (or better),
but his name or license number need not be contained on the building permit
application.
RECOGNITION The approval by the BBRS of an
application and related documents by one desirous of being licensed as a
construction supervisor.
110.R5.1.3
Scope. 780 CMR 110.R5
shall govern the testing and licensing of individuals who are found to possess
the requisite qualifications to be licensed as a construction supervisor and to
have charge or control of construction, reconstruction, alteration, repair,
removal or demolition of certain buildings or structures or parts thereof, as
identified.
110.R5.1.3.1. Individuals
supervising persons engaged in construction, reconstruction, alteration,
repair, removal or demolition involving any activity regulated by any provision
of 780 CMR, shall be licensed in accordance with 780 CMR 110.R5. Individuals
engaged in the supervision of the field erection of manufactured buildings in
accordance with 780 CMR 110.R3, shall be licensed as construction supervisors.
Exception. Any homeowner performing work for which
a building permit is required shall be exempt from the licensing provisions of
780 CMR 110.R5, provided that if a homeowner engages a person(s) for hire to do
such work, then such homeowner shall act as supervisor. This exception shall
not apply to the field erection of a manufactured buildings constructed
pursuant to 780 CMR 110.R3.
Note. Any Licensed Construction Supervisor who
contracts to do work for a homeowner shall be responsible for performing said
work in accordance with 780 CMR and manufacture's recommendations, as
applicable, whether or not the licensed contractor secured the permit for said
work.
110.R5.1.3.2.
Exemptions. A construction supervisor's license is not required
for:
1. construction of swimming pools, the
erection of signs, the erection of tents;
2. projects which are subject to construction
control pursuant to Chapter 1 of the International Building Code
2009 with Massachusetts Amendments (780 CMR 1.00);
3. agricultural buildings which are not open
to the public or otherwise made available for public use;
4.
registered design
professionals provided such comply with the construction supervisor
oversight requirements set forth in 780 CMR 110.R5 generally and 750 CMR
110.R5.2.12, as applicable;
5.
Massachusetts certified building officials, provided such
certification is current and they comply with the oversight requirements of 780
CMR 110.R5 generally and 780 CMR 110.R5.2.12, as
applicable.
6. the
practice of any trade licensed by agencies of the commonwealth
(see M.G.L. c. 112, § 81R), provided that any such work
is within the scope of said license including, but not limited to wiring,
plumbing gas fitting, fire protection systems, pipefitting, HVAC and
refrigeration equipment.
110.R5.1.3.3
Municipal
Requirements. No municipality shall be prohibited from requiring a
license for those individuals engaged in directly supervising persons engaged
in construction, reconstruction, alteration, repair, removal or demolition in
those categories of building and structures for which 780 CMR 110.R5 does not
require a license.
110.R5.1.4
Administration and
Enforcement. The BBRS shall administer and enforce the provisions of 780
CMR 110.R5. The BBRS or those designated by it shall administer examinations,
under 780 CMR 110.R5, of persons desirous of being registered as qualified to
receive a license as a construction supervisor.
5.2
REGISTRATION AND LICENSING
110.R5.2.1
Qualifications. A
construction supervisor license candidate shall demonstrate that he or she has
had at least three years of experience in their field. This experience must
have been completed within the ten-year period prior to the date of
application. Successful completion of certain educational programs may satisfy
one to two years of required experience. In addition, all applicants are
required to successfully pass an examination in order to receive a license. For
a list of the pre exam qualifications access the examination application noted
in 780 CMR 110.R5.2.2.
Exception: An individual holding a current
certification per the requirements of 780 CMR 110.R7 shall be allowed to submit
an application for an unrestricted construction supervisor license without the
need for examination.
110.R5.2.2
Examinations.
Examinations shall be held only by appointment. All exam applications must be
filed in accordance with the construction supervisor license examination
application found at
www.mass.gov/dps.
110.R5.2.3
License Approval. A
majority vote of the members of the BBRS shall be required to grant a
license.
110.R5.2.4
Expiration. Licenses issued pursuant to these rules and
regulations shall expire three years from the date of issuance, which shall be
noted on said license and may be renewed. A renewal of an original license
shall be for periods of two years and a renewal license shall expire two years
from the date of issuance, which shall be noted on said license and may be
renewed. A renewal license shall not be issued unless application therefore is
made within one year of the date of expiration of the most recently issued
license. If a licensee fails to renew his license within one year of the
expiration date, such license may thereafter be renewed within two years of its
expiration date upon the payment of a fee per 780 CMR 110.R5.3.5. Practice of
construction supervision is prohibited with an expired license.
110.R5.2.5
Fees.
Reserved
110.R5.2.6
Procedure
for Obtaining a License.
110.R5.2.6.1
Application. License applicants meeting the qualifications of 780
CMR 110.R5.2.1 may submit an examination application per 780 CMR 110.R5.2.2 to
the authorized testing agent of BBRS.
110.R5.2.6.2
Forms. It shall be
the responsibility of the applicant to assure that the required forms are
received by the testing agency. All forms shall be accompanied by the required
license fee.
110.R5.2.6.3
Records. The BBRS shall keep a copy of the application and a
computer file listing all licensed construction supervisors.
110.R5.2.6.4
Examination Date.
Upon receipt of a fully completed application, an examination date shall be set
by the authorized testing agency and the applicant so
notified.
110.R5.2.7
False Statements. Any false statement on the application or
references shall be sufficient reason to refuse to issue a license, or to
suspend or revoke a license if issued.
110.R5.2.8
Cause for Suspension or
Revocation. The following shall be grounds for reprimand, suspension, or
revocation of a license:
1. the applicant made
a false statement to the BBRS;
2. a
licensee made a false statement to the BBRS;
3. any violation of 780 CMR;
4. work was performed without a building
permit;
5. failure to fully
cooperate with a BBRS investigation into a complaint;
6. failure to turn over a suspended or
revoked license to the BBRS;
7.
failure to abide by a mandate or order of the BBRS;
8. failure to properly supervise a project or
be present at a work site as required by 780 CMR 110.R5
9. failure to meet the requirements of 780
CMR 110.R5.4.
110.R5.2.9
Procedure for Suspension or Revocation of License.
110.R5.2.9.1
Complaints. All
complaints relative to a license must be in writing on a form provided by the
BBRS. Any person, including a
building official or the BBRS
itself, may file a complaint. All complaints must be received by the BBRS
within three years of the date the parties entered into an agreement to perform
the work requiring licensure pursuant to 780 CMR 110.R5.
110.R5.2.9.1.1
Basis of
Complaint. Work related to a specific building permit that is deemed to
not comply with 780 CMR or a consistent pattern of abuse relating to
contractual arrangements between license holder and client shall be the basis
of such complaint. Any work requiring a building permit, which is performed
without such permit shall be considered cause for suspension or
revocation.
110.R5.2.9.1.2
Review and Investigation of Complaints. The BBRS or its designee
shall review every complaint filed. If the reviewer determined that the
complaint alleges plausible potential violations of 780 CMR by the licensee, a
hearing shall be convened. The BBRS may, if it elects, investigate a complaint
prior to scheduling a hearing. Failure of a complainant to cooperate in the
investgation shall be grounds for dismissal of a complaint.
Upon receipt of a complaint, the BBRS or its designee shall
send a letter acknowledging receipt to the complainant, the licensee being
complained of, and the appropriate municipal building
official. A copy of the complaint and all attachment shall be mailed
to the license holder with the acknowledgment letter.
110.R5.2.9.3
Notice of Hearing. If the
hearings officer or the
BBRS determined that a hearing shall be held to resolve a complaint, reasonable
notice shall be provided to the complainant and the license holder. Mailing of
the notice to the address on record with BBRS shall be deemed satisfactory
notice to the license holder. The notice of hearing shall contain.
1. The name of the complainant.
2. The date, time and place of said
hearing.
3. The location of the
incident giving rise to the complaint
4. Notice that either party may view the
BBRS's complaint file by appointment.
110.R5.2.9.4
Hearings. Hearings
convened pursuant to 780 CMR 110.R5 shall be conducted pursuant to
801 CMR
1.02:
Informal/Fair Hearing
Rules. Any party may be represented by legal counsel. All parties
shall be permitted to present an opening statement, testify on their own
behalf, cross-examine all witnesses, present any relevant witness testimony,
present any relevant documentary evidence, and offer a closing argument. The
hearings officer may question any witness and include any
records kept by the BBRS as exhibits. The
hearings officer may
conclude the hearing at any time and issue a decision based on the evidence
presented.
If a licensee does not appear for the hearing, the
hearings officer may conduct a hearing in their absence and
render a decision based upon the evidence presented, but only after making a
finding that the licensee was provided notice as required by 780 CMR
110.R5.2.9.3.
110.R5.2.9.5
Decisions and Discipline of License Holders. The hearings
officer shall issue a written decision after the hearing. Decisions
shall be issued in a reasonably prompt manner. The hearings
officer may suspend a license for a fixed period of time, revoke a
license permanently, or reprimand the licensee. In conjunction with these
disciplinary measures, the hearings officer may order the
license holder to retake the CSL examination. Any license that is suspended or
revoked shall be forwarded to the BBRS immediately. A person whose license is
revoked may apply in writing to the BBRS for reinstatement no sooner than two
years from the date of the revocation.
110.R5.2.10
Appeal. Any person
aggrieved by a decision of the
hearings officer may, in
writing, request review of said decision by the BBRS. The filing of such a
petition shall not serve to stay any disciplinary action taken by the
hearings officer.
The BBRS may review such decision at its discretion. Such
review is an administrative review that shall be based solely on the
administrative record and is not to be construed as a second Hearing on the
same complaint(s). After review, the BBRS may either deny the petition or
remand the matter to the hearings officer for further
proceedings as directed. The filing of an appeal with the BBRS shall serve to
toll the timing provisions of M.G.L. c. 30A, § 14 until such time as a
final decision is rendered by the BBRS.
110.R5.2.10.1
Appeal to a Court.
Any person aggrieved by a decision of the hearings officer or
the BBRS may appeal such decision in conformance with M.G.L. c. 30A, §
14.
110.R5.2.11
Change of Address. The license holder shall have the
responsibility of reporting any change of address and/or change of circumstance
to the BBRS. The information on file at the BBRS shall be deemed accurate
unless changed by the license holder.
110.R5.2.12
On-site Presence of
Supervisor. A licensed construction supervisor or a licensed designee as
defined shall be present on the site at some point to approve construction,
reconstruction, alterations, removal or demolition involving the following
work.
Note. Any licensed construction supervisor who
contracts to do work for a homeowner shall be responsible for performing said
work in accordance with 780 CMR whether or not the licensed contractor secured
the permit for said work.
1.
Foundation:
a. Preparation of bearing
material;
b. Location of
foundation;
c. Placement of forms
and reinforcing materials (if applicable);
d. Placing of concrete (or setting of other
foundation materials);
e. Setting
weather protection methods (if required);
f. Installation of waterproofing and/or damp
proofing materials; and
g.
Placement of backfill.
Note. If groundwater is encountered in excavating
for foundation placement, the licensed construction supervisor shall report its
presence to the building official and shall submit a report
detailing methods of remediation.
2. Structural frame:
a. Installation of joists, trusses and other
structural members and sheathing materials to verify size, species and grade,
spacing and attachment\fastening methods. (The licensed construction supervisor
shall ensure that any cutting or notching of structural members is performed in
accordance with requirements of 780 CMR)
b. Setting of masonry or other structural
systems (if used).
3.
Energy conservation: Installation of insulation materials, vapor and air
infiltration barriers.
4. Fire
protection: Installation of smoke, heat and carbon monoxide (CO) detectors
and/or systems.
5. Special
construction, including, but not limited to:
a. Chimneys;
b. Retaining walls over four feet in height
above grade.
The building official may require a licensed
construction supervisor or his or her licensed designee to be present on the
building site at other points during the construction, reconstruction,
alterations, removal or demolition work as he or she deems appropriate.
110.R5.2.13
Lost/Stolen Licenses. License holders are required to keep the
license in their possession at all times during the course of construction work
at any and all building sites. If said license is lost, stolen or mutilated, it
shall be the responsibility of the license holder to notify the BBRS.
110.R5.2.14
Requirement to Show
License. A building official may require the license
holder to produce the license at any time on a job site.
110.R5.2.15
Responsibility of Each
License Holder.
110.R5.2.15.1
Responsibility for Work. The license holder shall be fully and
completely responsible for all work for which he/she is supervising. He/she
shall be responsible for seeing that all work is done pursuant to 780 CMR and
the drawings as approved by the building official.
110.R5.2.15.2
Responsibility to
Supervise Work. The license holder shall be responsible to supervise the
construction, reconstruction, installation, alteration, repair, removal or
demolition for the category of license held involving any activity regulated by
any provision of 780 CMR and all other applicable Laws of the Commonwealth even
though he, the license holder, is not the permit holder but only a
subcontractor or contractor to the permit holder.
110.R5.2.15.3
Notification of
Violations. The license holder shall immediately notify the
building official in writing of the discovery of any
violations which are covered by the building permit.
110.R5.2.15.4
Willful Violation.
Any licensee who shall willfully violate 780 CMR shall be subject to revocation
or suspension of license by the hearings
officer.
110.R5.2.16
Permit Applications.
All building permit applications shall contain the name,
signature and license number and the category of license so held of the
construction supervisor who is to supervise those persons engaged in the work
as defined in the building permit. In the event that such
licensee is no longer supervising said persons, the work shall immediately
cease until a successor license holder is substituted on the records of the
building department.
110.R5.2.17
Gender of Terms. The term "he" as used in 780 CMR 110.R5 shall
include the pronoun "he" and/or "she."
5.3
ADMINISTRATION
110.R5.3.1
Identification. The
BBRS shall issue a card or a certificate or other form of license
identification.
110.R5.3.2
Records of Licensees. The BBRS shall maintain a computer listing
(
www.mass.gov/dps) which will be
available to the public at the office of the BBRS containing all licenses
issued by the BBRS.
110.R5.3.3
Examination. The BBRS shall determine whether an examination shall
be required, or shall be oral or written and shall determine the content of the
examination, if applicable.
Exception. An individual holding a current
certification per the requirements of 780 CMR 110.R7 shall be allowed to submit
an application for the construction supervisor license without the need for
examination.
110.R5.3.4
Subject to Rules, Regulations and Procedures. All persons licensed
shall be subject to 780 CMR 110.R5, as well as other rules, regulations, and
procedures promulgated by the BBRS.
110.R5.3.5
Fees. Any and all
fees charged for licenses, examinations, renewals, and registrations shall be
determined by the Commonwealth and enforced by the BBRS. Fees shall be
established from time to time as necessary, and shall be paid in accordance
with
801 CMR
4.02.
110.R5.3.5.1
Building Official
Fees. The BBRS shall grant a construction supervisor license without
examination to an individual holding a current certification per the
requirements of 780 CMR 110.R7. An individual seeking such license shall file
an application to the BBRS and pay all appropriate license fees.
5.4
CONTINUING EDUCATION
110.R5.4.1
Standards. The BBRS may by rule adopt standards for continuing
education requirements and course and instructor approval. The standards must
include requirements for continuing education as applicable to buildings and
building codes and referenced standards.
110.R5.4.2
Hours. A qualifying
licensee must provide proof of completion of required hours of continuing
education per two year license cycle in the appropriate category in which the
licensee is licensed. Credit may not be earned if the licensee has previously
obtained credit for the same course as either a student or instructor during
the same licensing period.
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1. Construction Supervisors License
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12 Hours
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2. Construction Supervisors License (One- and
Two-Family Dwellings)
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ten Hours
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3. Construction Supervisors Specialty License
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six Hours
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Exception. Building officials who
are certified and in good standing in accordance with 780 CMR 110.R7 are exempt
from 780 CMR 110.R5.4.
110.R5.4.3
Education Topics. All
Construction Supervisor License holders are required to complete the
appropriate number of continuing education each two-year renewal cycle as
described in 780 CMR 110.R5.4.2. The following hour(s) of continuing education
topics are required:
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1. Code Review
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one hour
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2. Workplace Safety
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one hour
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3. Business Practices / Workers' Compensation
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one hour
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4. Energy (except Demolition Specialty
License)
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one hour
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5. Lead Safe Practices (only first renewal
cycle)
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one hour
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The remainder credit hours to be completed by approved
electives.
110.R5.4.4
Accessibility. To the extent possible, the BBRS shall ensure that
continuing education courses are offered throughout the state and are
accessible to all licensees.
110.R5.4.5
Renewal of Approval.
The BBRS is authorized to establish a procedure for renewal of course
approval.
110.R5.4.6
Content. Continuing education consists of approved courses that
impart appropriate and related knowledge in the regulated industries. Courses
may include relevant materials that are included in licensing exams subject to
the limitations imposed in 780 CMR 110.R5.4.6, item 1. The burden of
demonstrating that courses impart appropriate and related knowledge is upon the
person seeking approval or credit.
Course examinations will not be required for continuing
education courses unless they are required by the instructor.
Unless determined by the coordinator textbooks are not required
to be used for continuing education courses. The coordinator must provide
students with a syllabus containing, at a minimum, the course title, the times
and dates of the course offering, the names and addresses or telephone numbers
and email address of the course coordinator and instructor, and a detailed
outline of the subject materials to be covered. Any written or printed material
given to students must be of readable quality and contain accurate and current
information.
Upon completion of an approved course, licensees shall earn one
hour of continuing education credit for each hour approved by the BBRS. Each
continuing education course must be attended in its entirety in order to
receive credit for the number of approved hours. Courses may be approved for
full or partial credit, and for more than one regulated industry.
Continuing education credit in an approved course shall be
awarded to presenting instructors on the basis of one credit for each hour of
preparation for the initial presentation, which may not exceed three hours
total credit for each approved course. Continuing education credit may not be
earned if the licensee has previously obtained credit for the same course as a
licensee or as an instructor within the Current licensing cycle
The following courses will not be approved for credit:
1. courses designed solely to prepare
students for a license examination in a discipline other than CSL;
2. courses in mechanical office skills,
including typing, speed reading, or other machines or equipment. Computer or
business skills courses are allowed, if appropriate and related to the
regulated industry of the licensee;
3. courses in motivation, psychology, or any
other course not related to the building industry
4. courses that are primarily intended to
impart knowledge of specific products of specific companies, if the use of the
product or products relates to the sales promotion or marketing of one or more
of the products discussed.
110.R5.4.7
Course Approval.
Courses must be approved by the BBRS in advance and will be approved on the
basis of the applicant's compliance with the provisions of this section
relating to continuing education in the regulated industries. The BBRS shall
make the final determination as to the approval and assignment of credit hours
for courses. Courses must be at least one hour in length.
Approval will not be granted for time spent on meals or other
unrelated activities. Breaks may not be accumulated in order to dismiss the
class early. Classes shall not be offered to any one student for longer than
six hours in one day, excluding meal breaks.
Application for course approval must be submitted 120 days
before the course offering.
Approval is granted for a subsequent offering of identical
continuing education courses without requiring a new application if the course
is offered within the approved 24 month cycle. The BBRS shall deny future
offerings of courses if they are found not to be in compliance with the laws
relating to course approval. Course shall be updated subject to periodic review
by the BBRS to ensure currency with technological changes in the building
code.
110.R5.4.8
Course Coordinator. Each course of study shall have at least one
coordinator, which is a person who is registered with the BBRS, who is
responsible for supervising the program and ensuring compliance with all
relevant law.
Each Coordinator shall oversee no more than twelve courses of
study.
110.R5.4.9
Responsibilities of a Course Coordinator:
1. ensuring compliance with all laws and
rules relating to continuing educational offerings governed by the
BBRS;
2. ensuring that instructors
are qualified to teach the course offering as defined in 780 CMR
110.R5.4.10;
3. maintaining
accurate records relating to course offerings, instructors, tests taken by
students if required, and student attendance for a period of three years from
the date on which the course was completed. These records must be made
available to the BBRS upon request. In the event that a coordinator ceases
operation for any reason, the coordinator is responsible for maintaining the
records or providing a custodian for the records acceptable to the BBRS. The
coordinator must notify the BBRS of the name and address of that custodian.
Under no circumstances will the BBRS act as custodian of the records;
4. supervising and evaluating courses and
instructors. Supervision includes ensuring that all areas of the curriculum are
addressed without redundancy and that continuity is present throughout the
entire course;
5. providing course
completion certificates within ten days of, but not before, completion of the
entire course. Course completion certificates must be completed in their
entirety. Course completion certificates must contain the following statement:
"If you have any comments about this course offering, please mail them to the
Board of Building Regulations and Standards attn: Education Coordinator. The
current address of the department must be included. A coordinator may require
payment of the course tuition as a condition for receiving the course
completion certificate;
6.
investigating complaints related to course offerings or instructors. A copy of
the written, signed complaint must be sent to the BBRS within ten working days
of course completion. An acknowledgment will be sent upon receipt of complaint
via email.
7. to be available to
instructors and students throughout course offerings and provide to the
students and instructor the mailing address, telephone number and email address
at which the coordinator can be reached;
8. participate in workshops or instructional
programs as reasonably required by the BBRS;
9. furnishing the BBRS, upon request, with
copies of course and instructor evaluations and qualifications of instructors.
Evaluations must be completed by students at the time the course is offered and
evaluations must be reviewed by coordinators within five days after the course
offering;
10. notifying the BBRS in
writing within ten days of any change in the information in an application for
approval on file with the BBRS.
110.R5.4.10
Instructors. Each
continuing education course shall have an instructor who is qualified by
education, training, or experience to ensure competent instruction. Failure to
have only qualified instructors teach at an approved course offering will
result in loss of course approval. Coordinators are responsible to ensure that
an instructor is qualified to teach the course offering.
1. Continuing education instructors must have
one of the following:
a. a four-year degree
(bachelor or equivalent) in any discipline plus two years' practical experience
within the previous five years in the subject area being taught;
b. a four-year college degree (bachelors) or
graduate degree in the subject area being taught;
c. a CSL holder or certified building
official with at least three years experience in the subject area being taught;
provided the instructor demonstrates proficiency in the subject
matter
d. five years' practical
experience within the previous ten years in the subject area being taught;
Note. A contractor whose construction license is
currently suspended or revoked shall not teach or serve as a continuing
education course instructor
2. Approved instructors are responsible for:
a. compliance with all laws and rules
relating to continuing education;
b. providing students with current and
accurate information;
c.
maintaining an atmosphere conducive to learning in the classroom;
d. verifying attendance of students,
submission of completed course evaluations and certifying course
completion;
e. providing assistance
to students and responding to questions relating to course materials;
and
f. attending the workshops or
instructional programs that are required by the BBRS.
110.R5.4.11
Prohibited
Practices for Coordinators and Instructors. In connection with an
approved continuing education course, coordinators and instructors shall not:
1. recommend or promote the services or
practices of a particular business;
2. encourage or recruit individuals to engage
the services of, or become associated with, a particular business;
3. require students to participate in other
programs or services offered by the instructor or coordinator;
4. attempt, either directly or indirectly, to
discover questions or answers on an examination for a license;
5. disseminate to any other person specific
questions, problems, or information known or believed to be included in
licensing examinations;
6.
misrepresent any information submitted to the BBRS;
7. fail to cover, or ensure coverage of,
major points, issues, and concepts contained in the course outline approved by
the BBRS during the approved instruction; or
8. issue inaccurate course completion
certificates.
Coordinators shall notify the BBRS within ten days of a felony
or gross misdemeanor conviction or of disciplinary action taken against an
occupational or professional license held by the coordinator or an instructor
teaching an approved course. The notification shall be grounds for the BBRS to
withdraw the approval of the coordinator and to disallow the use of the
instructor.
110.R5.4.12
Fees. Fees for an
approved course of study and related materials must be clearly identified to
students. In the event that a course is canceled for any reason, all fees must
be returned within 15 days from the date of cancellation. In the event that a
course is postponed for any reason, students shall be given the choice of
attending the course at a later date or having their fees refunded in full
within 15 days from the date of postponement. If a student is unable to attend
a course or cancels the registration in a course coordinator policies regarding
refunds shall govern.
110.R5.4.13
Facilities. Each course of study must be conducted in a classroom
or other appropriate facility that is accessible and adequate to comfortably
accommodate the instructors and the number of students enrolled.
110.R5.4.14
Supplementary
Materials. An adequate supply of supplementary materials to be used or
distributed in connection with an approved course must be available at the time
and place of the course offering in order to ensure that each student receives
all of the necessary materials. Outlines and any other materials that are
reproduced must be of readable quality.
110.R5.4.15
Advertisement. 780
CMR 110.R.4.15 governs the advertising of continuing education courses.
1. Advertising must be truthful and not
deceptive or misleading. Courses may not be advertised in any manner as
approved unless approval has been granted in writing by the BBRS.
2. No advertisement, pamphlet, circular, or
other similar materials pertaining to an approved offering may be circulated or
distributed in this state, unless the following statement is prominently
displayed: "This course has been approved by the Massachusetts Board of
Building Regulations and Standards for ....... (approved number of hours) hours
for continuing ....... (relevant industry) education."
3. Advertising of approved courses must be
clearly distinguishable from the advertisement of other non-approved courses
and services.
4. The number of
hours for which a course has been approved must be prominently displayed on an
advertisement for the course. If the course offering is longer than the number
of hours of credit to be given, it must be clear that credit is not earned for
the entire course.
5. Advertising
shall comply with the MA regulation for advertisement of private occupational
schools, 603 CMR 3.14 and all advertising, including but not limited to 'false
advertising' is governed by
940
CMR 3.10, violations of which are enforceable
under the provisions of M.G.L. c. 93A, the Consumer Protection Act.
110.R5.4.16
Notice to
Students. At the beginning of each approved offering, the following
notice must be handed out in printed form or must be read to students:
"This educational offering is recognized by the
Massachusetts Board of Building Regulations and Standards as satisfying .......
(insert number of hours approved) hours of credit toward continuing .......
(insert appropriate industry) education requirements."
110.R5.4.17
Audits.
The BBRS reserves the right to audit subject offerings with or without notice
to the coordinator.
110.R5.4.18
Falsification of Reports. Anyone found to have falsified an
education report to the BBRS shall be subject to limitation, condition,
suspension of the license, course coordinator approval or instructor approval
can be revoked and/or fined up to $1,000.00. The BBRS reserves the right to
audit a licensee's continuing education records.
110.R5.4.19
Waivers and
Extensions. If a licensee provides documentation to the BBRS that the
licensee or its qualifying person is unable, and will continue to be unable, to
attend actual classroom course work because of a physical disability, medical
condition, military service or similar reason, attendance at continuing
education courses shall be waived for a period not to exceed one two-year
cycle. Licensee must make up delinquent credit hours and pay appropriate fees.
The BBRS may request documentation of the condition upon which
the request for waiver is based as is necessary to satisfy the BBRS of the
existence of the condition and that the condition does preclude attendance at
continuing education courses.
110.R5.4.20
Reporting
Requirements. Required continuing education must be reported in a manner
prescribed by the BBRS. Licensees are responsible for maintaining copies of
course completion certificates.
110.R5.4.21
Continuing Education
Fees.
See
801 CMR
4.02. for the following fees:
1. Course Approval:
a. initial course application fee for each
continuing education course approval sought;
b. initial course approval fee for each hour
or fraction of one hour. Initial course approval expires on the last day of the
24th month after the course is approved;
c. renewal of course approval fee for each
hour or fraction of one hour. Renewal of course approval expires on the last
day of the 24th month after the course is
renewed.
2. Course
Coordinator:
a. initial coordinator approval
fee. Coordinator may only oversee 12 courses. Initial coordinator approval
expires on the last day of the 24th month after the
coordinator is approved; and
b.
renewal of coordinator approval fee. Renewal of coordinator approval expires on
the last day of the 24th month after the coordinator
is renewed.
