Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Installer continuing
education requirements.
An installer licensed in Minnesota is required to complete a
minimum of 12 classroom hours of continuing education training during every
three-year license renewal period, with a minimum of four classroom hours
consisting of training in the following areas:
A. an overview of the act and the general
regulatory structure of the HUD manufactured housing program;
B. an overview of the manufactured home
installation standards and regulations established in Code of Federal
Regulations, title 24, parts 3285 and 3286, and applicable Minnesota laws and
rules, with specific instruction covering:
(1) preinstallation considerations;
(2) site preparation;
(3) foundations;
(4) anchorage against wind;
(5) optional features, including comfort
cooling systems;
(6) ductwork and
plumbing and fuel supply systems;
(7) electrical systems; and
(8) exterior and interior close-up
work;
C. an overview of
the construction and safety standards and regulations found in Code of Federal
Regulations, title 24, parts 3280 and 3282;
D. licensing requirements applicable to
installers;
E. installer
responsibilities for correction of improper installation, including installer
obligations under applicable state and HUD manufactured housing dispute
resolution programs;
F. inspection
requirements and procedures;
G.
problem reporting mechanisms;
H.
operational checks and adjustments; and
I. penalties for any person's failure to
comply with Code of Federal Regulations, title 24, parts 3285, 3286, and 3288,
and applicable Minnesota laws and rules.
The remaining eight classroom hours of continuing education
training must relate to any aspect of manufactured home installation or
construction. All continuing education courses must be approved in advance by
the commissioner pursuant to subpart
3.
Subp. 2.
Approval for
instructors.
A. Each continuing
education course shall have an instructor who is qualified by education,
training, or experience to ensure competent instruction. Failure to have a
qualified instructor teach an approved course offering will result in
withdrawal of the course approval. Qualified instructors shall have at least
one of the following qualifications:
(1) a
four-year degree in any subject area, plus two years of experience in the
subject area being taught;
(2) five
years of experience in the subject area being taught; or
(3) certification by HUD as a trainer for
manufactured home installation.
The applicant shall submit to the commissioner an application
for approval as an instructor on a form provided by the commissioner and submit
appropriate evidence to verify that the required qualifications have been met.
Following the commissioner's review of the application and evidence of
qualifications, the commissioner shall provide the applicant with a final
determination regarding approval as an instructor. A HUD-certified trainer must
also be approved by the commissioner in order to be considered an instructor
for manufactured home installer continuing education.
B. Instructors shall:
(1) thoroughly address the continuing
education subjects approved by the commissioner pursuant to subpart
3, within the credit hours
allotted by the commissioner;
(2)
maintain attendance records including times, locations, names of attendees at
each session, and content of all courses offered. These records shall be made
available to the commissioner upon request;
(3) provide certificates of completion to
course attendees, within ten days following completion of the course that
indicates the attendee's name, course title and number, course content
(including any technical areas), and assigned classroom hours of continuing
education credit earned, which have been signed and dated by the
instructor;
(4) maintain course
records related to the content of the course, which shall include any tests
administered as a part of the course. These records shall be made available to
the commissioner upon request; and
(5) notify the commissioner, in writing,
within ten days of any change to the information on an application for course
approval or on the materials submitted with the application, that are on file
with the commissioner.
C. Prohibited practices for instructors, in
connection with an approved course, include:
(1) recommending or promoting the services,
products, or practices of a particular business;
(2) requiring students to participate in
other programs or services offered by the instructor;
(3) misrepresenting any information submitted
to the commissioner;
(4) failing to
cover all points, issues, and concepts contained in the course outline or
materials approved by the commissioner during the approved instruction;
and
(5) issuing inaccurate course
certificates of completion.
Subp. 3.
Course approval.
A. Courses for manufactured home installer
continuing education must be approved in advance by the commissioner, pursuant
to this subpart, and will be approved on the basis of the applicant's
compliance with this subpart. The commissioner shall provide the final approval
regarding the course offering. The commissioner reserves the right to audit
course offerings with or without notice to the instructor. The burden of
demonstrating that courses impart appropriate and related knowledge falls on
the person seeking the approval or credit.
B. To obtain course approval, the following
procedure must be followed.
(1) An approved
instructor must complete an application for course approval on a form provided
by the commissioner and submit all pertinent course materials. The instructor
shall also provide on the application the number of classroom hours of
continuing education credit requested. Application for course approval must be
submitted at least 30 days prior to the course offering. The instructor shall
specify whether a test will be required for the course and, if required,
provide the minimum passing score to obtain course credit.
(2) The commissioner shall review the
application and pertinent course material for appropriate technical content and
program length. Courses must be a minimum of one classroom hour in length.
Course content must adequately cover the technical area being taught for the
classroom hours of continuing education credit being requested.
(3) Following the commissioner's review of
the application and course materials, the commissioner shall provide the
instructor, within 40 days of receipt, with a final written determination
regarding course approval and the number of approved continuing education
classroom hours assigned to the course.
C. Course examinations are not required for
approved manufactured home continuing education courses, unless they are
required by the instructor.
D.
Approved courses shall be resubmitted by the instructor to the commissioner for
review of course content every three years from the date of the original
approval.
Subp. 4.
Fees.
Fees for an approved course of study and related materials
must be clearly identified to students. In the event that an instructor cancels
a course for any reason, all fees must be returned within 15 days of the date
of cancellation. If a student is unable to attend a course or cancels the
registration for a course, the instructor's policies regarding refunds shall
apply.
Subp. 5.
Facilities and supplementary materials.
Each continuing education course must be held in a classroom
or other facility that is adequate to accommodate the instructors and the
number of students enrolled. The instructor may limit the number of students
enrolled in a course. 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 to ensure that each student receives all
of the necessary materials. Outlines and any other materials that are
reproduced must be legible.
Subp.
6.
Advertising courses.
Advertising for courses must be truthful and not deceptive or
misleading. No advertisement, pamphlet, circular, or other similar material
pertaining to an approved offering can be circulated or distributed in this
state, unless the following statement is prominently displayed: "This course
has been approved by the Minnesota Department of Labor and Industry for .......
(approved number of classroom hours) classroom hours for Manufactured Home
Licensed Installer continuing education." Advertising for approved courses must
be clearly distinguishable from the advertisement for other nonapproved
courses. A continuing education course may not be advertised before it has been
approved, unless the course is described in the advertising as "approval
pending" and the application for approval has been timely submitted to the
commissioner and a denial has not been received. The number of classroom hours
for which the course has been approved and any testing required for credit must
be prominently displayed on the advertisement for the course.
Subp. 7.
Withdrawal of approval.
Failure to comply with the requirements of subparts
2 to
6 shall result in the
commissioner's withdrawal of the approval for the continuing education credit
and hours for the three-year renewal period, qualifications as an approved
instructor, or approval for a course offering. Nothing in this part limits the
authority of the commissioner from withdrawing an approval pursuant to this
part.
Statutory Authority: MS s
326B.02;
326B.101;
326B.106;
326B.13;
327.32;
327.33;
327B.10
