Current through Bulletin 2024-18, September 15, 2024
(1) Under Section
58-55-302.5, each licensee shall
complete six hours of continuing education during each two-year license term. A
minimum of three hours shall be core education; the remaining three hours may
be professional education or core education. A minimum of three hours shall
consist of live in-class attendance; the remaining three hours may consist of
distance learning courses.
(a) Regular
attendance by a Commission member on the Construction Services Commission shall
satisfy the member's continuing education requirements under Section
58-55-302.5.
(b) A contractor under Subsection
R156-55a-301(2)(s)
shall complete at least three of their six continuing education hours in
continuing education directly related to the installation, repair, or
replacement of a heating, ventilation, or air conditioning system.
(c) A contractor under Subsection
R156-55a-301(2)(r)
or R156-55a-301(2)(v)
that performs installation of a backflow preventer device shall complete at
least two of their six continuing education hours in continuing education
directly related to backflow installation.
(d) Contractors with a renewal cycle that
ends after January 1, 2020, shall complete at least one of their six continuing
education hours in energy conservation.
(e) "Core continuing education" means
education related to construction codes, construction laws, job site safety,
OSHA 10 or OSHA 30 safety training, governmental regulations pertaining to the
construction trades and employee verification and payment practices, finance,
bookkeeping, energy conservation, and construction business
practices.
(f) "Professional
continuing education" means education related to substantive subjects dealing
with the practice of the construction trades, including land development, land
use, planning and zoning, professional development, arbitration practices,
estimating, marketing techniques, servicing clients, personal and property
protection for the licensee and the licensee's clients and similar
topics.
(g) The following course
subject matter is not acceptable as core education or professional education
hours:
(i) mechanical office and business
skills, such as typing, speed reading, memory improvement and report
writing;
(ii) physical well-being
or personal development, such as personal and business motivation, stress
management, time management, dress for success, or similar subjects;
(iii) presentations by a supplier or a
supplier representative to promote a particular product or line of products;
and
(iv) meetings held in
conjunction with the general business of the licensee or employer.
(h) The Division may defer or
waive continuing education requirements as provided in Section
R156-1-308d.
(2) A continuing education course shall meet
the following standards:
(a) Each hour of
credit shall consist of 50 minutes of education in the form of seminars,
lectures, conferences, training sessions or distance learning modules. The
remaining ten minutes is to allow for breaks.
(b) The course provider shall be specified in
Subsection
58-55-302.5(2).
(c) The content of the course shall be
relevant to the practice of the construction trades and consistent with the
laws and rules of this state.
(d)
The learning objectives of the course shall be reasonably and clearly
stated.
(e) The course shall be
presented in a competent, well organized and sequential manner consistent with
the stated purpose and objective of the program.
(f) The course shall be prepared and
presented by individuals who are qualified by education, training and
experience.
(g) An internet or home
study course may be recognized for continuing education if the course verifies
registration and participation by means of a test demonstrating that the
participant has learned the material. Test questions shall be randomized for
each participant. A home study course shall include no fewer than five
variations of the final examination, distributed randomly to participants. Home
study courses, including the five exam variations, shall be submitted in their
entirety to the Division for review. Providers shall track the following:
(i) the amount of time each student has spent
in the course;
(ii) what activities
the student did or did not access; and
(iii) student's test scores.
(h) The course provider shall:
(i) have a competent method of registration
of individuals who completed the course;
(ii) maintain records of attendance available
for review by the Division; and
(iii) provide individuals completing the
course a certificate that contains the following information:
(A) date of the course;
(B) name of the course provider;
(C) name of the instructor;
(D) course title;
(E) hours of continuing education credit and
type of credit, whether core or professional;
(F) attendee's name; and
(G) signature of the course
provider.
(i) A
course provided through live broadcast may be recognized for live in-class
continuing education credit if the student and the instructor are able to see
and hear each other.
(3)
The Division may assign monitors at no charge to attend a course for evaluating
the course and the instructor.
(4)
(a) Each licensee shall maintain adequate
documentation as proof of compliance with this section, such as certificates of
completion, course handouts and materials. The licensee shall retain this proof
for two years from the end of the renewal period for which the continuing
education is due.
(b) Each licensee
shall ensure that the course provider has submitted the verification of
attendance to the continuing education registry on behalf of the licensee as
specified in Subsection (8). Alternatively, the licensee may submit the course
to the continuing education registry for approval and pay any course approval
fees and attendance recording fees.
(5) Licensees who lecture in continuing
education courses meeting the requirements of Section
R156-55a-303b shall receive two
hours of continuing education for each hour spent lecturing. However, no
lecturing or teaching credit is available for participation in a panel
discussion.
(6)
(a) The continuing education requirements for
electricians, plumbers, and elevator mechanics in Section
58-55-302.7, if offered by a
provider specified in Subsection
58-55-302.5(2),
shall satisfy the contractor continuing education requirements of Section
58-55-302.5 and this section.
(b)
The contractor licensee shall assure that the course provider has submitted the
verification of the electrician's, plumber's or elevator mechanic's attendance
on behalf of the licensee to the continuing education registry as specified in
Subsection (8).
(7) A
course provider shall submit continuing education courses to the continuing
education registry and shall submit verification of attendance and completion
on behalf of licensees attending and completing the program directly to the
continuing education registry in the format required by the continuing
education registry.
(8) The
Division shall review continuing education courses that have been submitted
through the continuing education registry and shall approve only those courses
that meet the standards of this section.
(9) As provided in Section
58-1-401 and Subsections
58-55-302.5(2) and 58-55-302.7(4)(a),
the Division may refuse to renew or may revoke, suspend, restrict, place on
probation, issue a public reprimand to, or otherwise act upon the approval of
any course or provider, if the course or provider fails to meet any of the
requirements of this section or the provider has engaged in unlawful or
unprofessional conduct.
(10) The
Division shall designate an entity to act as the Continuing Education Registry,
and the Continuing Education Registry in consultation with the Division and the
Commission, shall:
(a) through its internet
site electronically receive applications from continuing education course
providers, and submit to the Division for review and approval only those
applications from programs that meet the standards of this section;
(b) publish on their website listings of
continuing education programs that have been approved by the Division, and that
meet the standards for continuing education credit under this rule;
(c) maintain accurate records of approved
qualified continuing education;
(d)
maintain accurate records of verification of attendance and completion, by
individual licensee, that the licensee may review for compliance with this
rule; and
(e) make records of
approved continuing education programs and attendance and completion available
for audit by representatives of the Division.
(11) The Continuing Education Registry may
charge a reasonable fee to continuing education providers or licensees for
services provided for review and approval of continuing education
programs.
