Chapter 4101:16-2 Administrative Section

4101:16-2-01 Continuing education - hours of instruction requirements.

(A) A specialty contractor shall complete ten classroom hours of an approved continuing education course each year to be eligible to apply for the renewal of their license or licenses as follows:

(1) A specialty contractor who holds only one plumbing, hydronics, heating, ventilating, and air conditioning, or refrigeration license pursuant to Chapter 4740. of the Revised Code shall take the required ten hours of continuing education in any course that has been approved by any of the specialty sections;

(2) A specialty contractor who holds only an electrical license pursuant to Chapter 4740. of the Revised Code shall take ten hours of continuing education with at least five hours of electrical code that has been approved by the electrical section and the remaining five hours in any health and safety, business, or technology course approved by the electrical section;

(3) A specialty contractor who holds more than one license in the plumbing, hydronics, heating, ventilating, and air conditioning, or refrigeration trade pursuant to Chapter 4740. of the Revised Code shall take the required hours of continuing education courses in any course that is approved by any of the specialty sections; and

(4) A specialty contractor who holds an electrical contractor's license and any other license or licenses pursuant to Chapter 4740. of the Revised Code shall take five hours of continuing education course in electrical code and the remaining five hours of continuing education shall be in any course that is approved by any of the specialty sections.

(B) A classroom hour consists of at least fifty minutes of contact instruction. The remaining ten minutes shall only be used for the training agency's or instructor's administrative duties or a break. The training agency or instructor shall not accrue the ten minutes to start a course late, end a course early or to allow a longer break.

(C) Continuing education hours obtained by individuals holding a specialty contractor's license pursuant to Chapter 4740. of the Revised Code in excess of the ten hours required each year for the renewal eligibility shall not be transferred to help meet the requirements of the following year.

(D) No individual holding a specialty contractor's license pursuant to Chapter 4740. of the Revised Code will receive credit for more than ten classroom hours of continuing education instruction taken in one calendar day.

(E) Upon application, within one calendar year from the date of expiration of the license or licenses, the appropriate specialty section of the board may waive any portion of the continuing education hours requirement in cases of certified illness, disability, military service, foreign residence, or excusable neglect which prevents the attendance of approved continuing education courses by a person holding a license pursuant to Chapter 4740. of the Revised Code or extend the time for the licensee to complete the required continuing education requirements if the licensee has substantially met the other renewal requirements as set forth in division (D) of section 4740.06 of the Revised Code and rule 4101:16-3-06 of the Administrative Code or demonstrates excusable neglect. Continuing education waivers or extension of time to complete the required continuing education requirements will be determined on a case-by-case basis.

(1) If the appropriate specialty section grants an extension of time to complete the continuing education requirements and the license has expired, such license will not be reissued until the licensee has completed the required continuing education requirements.

(2) For the purposes of this paragraph, "excusable neglect" means any non-reoccurring facts or circumstances outside the control of the contractor that hindered or prevented the contractor from completing the required ten hours of continuing education for renewal of the specialty contractor's license or licenses by the expiration of such license or licenses.

(F) Pursuant to division (D) of section 4740.06 of the Revised Code, if the continuing education requirements are not timely met by an individual holding a specialty contractor's license on or before the expiration date set forth on the license, the license shall be suspended automatically without the taking of any action by the appropriate section or the board's secretary. A suspended license may be reactivated upon application within one calendar year and approval of the appropriate section from the expiration date of the license, provided that the renewal fee plus a late fee, proof of insurance and completion of the required ten hours of continuing education is completed within the time frame pursuant to paragraph (B) of rule 4101:16-3-06 of the Administrative Code. Failure to reactivate the license as provided in this rule shall result in automatic revocation of the license without the taking of any action by the appropriate section or the board secretary.

Effective: 11/15/2007
R.C. 119.032 review dates: 04/01/2010
Promulgated Under: 119.03
Statutory Authority: 4740.05
Rule Amplifies: 4740.05 , 4740.04
Prior Effective Dates: 8/1/93, 9/4/98, 3/24/03, 2/9/04, 4/1/05

4101:16-2-02 Continuing education requirements - reporting.

(A) An approved training agency shall provide to the appropriate specialty section a roster of all individuals holding a license pursuant to Chapter 4740. of the Revised Code that attended an approved continuing education course or program of instruction and the fees required by division (G)(1)(e) of section 4740.04 of the Revised Code and paragraph (B) of rule 4101:16-1-11 of the Administrative Code. The roster and the required fees must be submitted within fourteen business days of the date of completion of the course or program of instruction. The roster shall be provided to the board on the form prescribed by the appropriate specialty section or via any other means of electronic transmission that the appropriate specialty section deems appropriate. The posting shall contain any information the appropriate section deems appropriate. The training agency shall maintain a copy of every roster for a period of three years after each course is held. Failure to properly report may result in disapproval or non-renewal of a training agency.

(B) An individual holding a license pursuant to Chapter 4740. of the Revised Code that falsifies information pertaining to the completion of the continuing education requirements may be subject to disciplinary action against their contractor's license pursuant to section 4740.10 of the Revised Code and rule 4101:16-4-03 of the Administrative Code.

(C) An approved training agency that fails to notify the board of the date, time and place of the continuing education course/program or falsely reports attendance or falsely reports the number of hours attended by a licensee or completion of an approved continuing education course/program by a licensee may be removed from the approved training agency list maintained by the administrative section or the board's secretary pursuant to rule 4101:16-2-03 of the Administrative Code.

Effective: 01/01/2009
R.C. 119.032 review dates: 04/01/2010
Promulgated Under: 119.03
Statutory Authority: 4740.05
Rule Amplifies: 4740.05
Prior Effective Dates: 03/24/03, 02/09/04, 04/01/05, 11/15/07

4101:16-2-03 Training agencies.

(A) The administrative section must approve a training agency before that agency may submit requests to the appropriate specialty section to conduct continuing education courses for individuals holding a contractor's license pursuant to Chapter 4740. of the Revised Code.

(B) A training agency shall apply to the administrative section on a form prescribed and furnished by the administrative section with the required fee as set forth in paragraph (B)(3) of rule 4101:16-1-11 of the Administrative Code. The training agency shall provide the following information to the administrative section on the application form prescribed by the administrative section no later than the tenth of each month unless the tenth falls on a Saturday, Sunday or a holiday then such application shall be submitted no later than the next business day. If the training agency fails to submit its application as set forth in this rule, the administrative section may not consider such application at its next regular scheduled meeting.

(1) Name, address, e-mail address and facsimile and telephone number of the training agency;

(2) Name, address, email address and 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) Name of the education coordinator;

(6) Information of the accreditation of the training agency;

(7) Policy regarding attendance and procedure for record keeping of attendance;

(8) Acknowledgement that the training agency will adhere to specialty section rules, procedures, and standards as set forth in this rule or rules 4101:16-2-01 , 4101:16-2-02 , and 4101:16-2-04 of the Administrative Code; and

(9) Any other information that the administrative section deems necessary.

(C) The administrative section or the board's secretary shall maintain a current listing of all approved training agencies that provide continuing education for applicable specialty contractors.

(D) The administrative section shall notify the training agency of its approval or disapproval of the training agency's application within ten business days after the administrative section has reviewed the application.

(E) A training agency is approved for a period of one year.

(F) An approved training agency shall pay the annual fees required pursuant to section 4740.04 of the Revised Code and paragraphs (B)(1) and (B)(2) of rule 4101:16-1-11 of the Administrative Code. Such fees shall be submitted to the board's secretary with the attendance reports.

(G) 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.

(H) No training agency shall advertise or otherwise notify any licensee that a course of study or program of instruction has been approved by the appropriate specialty section until such course or program has been approved. Any advertisement or notification to licensees shall specifically state the appropriate specialty section that has approved the course of study or program of instruction.

(I) Any training agency that fails to comply with this rule or rules 4101:16-2-01 , 4101:16-2-02 , and 4101:16-2-04 of the Administrative Code may be disapproved or not renewed. Any training that has been disapproved or not renewed may appeal the administrative section's decision pursuant to Chapter 119. of the Revised Code.

Effective: 01/01/2009
R.C. 119.032 review dates: 04/01/2010
Promulgated Under: 119.03
Statutory Authority: 4740.05
Rule Amplifies: 4740.05
Prior Effective Dates: 08/01/93, 09/04/98, 03/24/03, 02/09/04, 04/01/05

4101:16-2-04 Continuing education - course approval.

(A) Continuing education course criteria:

(1) The appropriate specialty sections shall approve a course of study or program of instruction offered for continuing education purposes within the curriculum pursuant to rule 4101:16-2-04 of the Administrative Code only if the training agency has been approved by the administrative section and the training agency submits the nonrefundable fee as set forth in division (G)(1)(e) of section 4740.04 of the Revised Code and paragraph (B)(3) of rule 4101:16-1-11 of the Administrative Code. No training agency may conduct the course of study or program of instruction for credit unless the administrative section has approved that training agency and the course has been approved by the appropriate specialty section;

(2) An application for approval of a course of study or program of instruction for continuing education purposes by an approved training agency shall be submitted to the appropriate specialty section no later than the twentieth day of the month, unless the twentieth falls on a Saturday, Sunday or a holiday then such application shall be submitted no later than the next business day. If the training agency fails to submit its course application as set forth in this rule, the specialty sections may not consider such application at its next regular scheduled meeting. The training agency shall submit its application for a course approval not less than thirty days nor more than one year prior to the date of the course or program offering. No application for a course of study or program of instruction for continuing education shall be approved by the appropriate specialty section unless such course or program meets the curriculum as defined in rule 4101:16-2-04 of the Administrative Code. The application shall be on forms prescribed and furnished by the appropriate specialty section;

(3) An application for a computer-based course of study or program of instruction shall not be approved by the specialty section unless such course or program is conducted in a proctored classroom setting and such application complies with paragraph (A)(4) of this rule. The appropriate specialty section shall not approve an application for correspondence course of study or program of instruction for continuing education.

(4) The appropriate specialty section when acting upon an application for approval of a course of study or program of instruction will consider but not be limited to the following criteria:

(a) The application shall contain the following:

(i) Name, address, e-mail address and facsimile and telephone number of the training agency;

(ii) The policy regarding attendance and the procedure used for record keeping of attendance;

(iii) The date(s), location and time that the course/program will be offered;

(iv) Name, address, e-mail address and facsimile and telephone number, and occupation of proposed instructors;

(v) Resume of the proposed instructors detailing their experience and qualifications and the resume of any alternate proposed instructors;

(vi) The content of the course/program;

(a) Title of the course/program;

(b) Educational objective of the course/program;

(c) Textbooks and student materials prescribed;

(d) Outline or syllabus that contains a brief description of the course/program; and

(e) Duration of time of the course/program.

(vii) Sample of the proposed advertising or written notice;

(viii) Fee for course/program

(ix) A description of the physical facility in which the course or program of instruction is offered; and

(x) Such other information as the appropriate specialty section may request.

(b) The suitability of the physical settings of the programs offered by the training agency;

(c) Demonstrated adherence to specialty section rules, procedures, and standards; and

(d) The electronic and computer capacity of the training agency to provide the appropriate specialty section with attendance information, course information, and any other information the specialty section deems necessary to be received electronically.

(B) Time limits. No course of study or program of instruction will be approved by the specialty sections of the board in which classroom instruction exceeds ten classroom hours of instruction in any one day.

(C) Approval duration. The approval of a course of study or program of instruction shall be limited to one year. Provided that the training agency renews, or the administrative section approves the renewal of a training agency, then the approval of a course of study or program of instruction by that agency shall be valid for one year unless such training agency fails to renew or the administrative section does not approve the renewal of the training agency.

(D) Instructor qualifications. Instructors, seminar and conference leaders, lecturers and others who present materials at a course or program must have five years of full time experience in a profession, trade, or technical occupation in the subject matter being taught. In addition, no continuing education course will be approved if an instructor of a proposed course is a local or state inspector and the instructor's participation would create a conflict of interest as opined by the Ohio ethics commission advisory opinion 98-005.

(E) Upon approval of a course of the study or program of instruction by the appropriate specialty section, the section shall notify the training agency of the approval.

(F) An instructor may receive continuing education credit for the number of unduplicated subject matter hours he instructs.

(G) An approved training agency shall provide the appropriate specialty section with a roster of attendees of a provided course or program within fourteen business days of completion of the course or program. The roster shall be provided to the appropriate specialty section by a posting on the Ohio construction industry licensing board website in a manner and form prescribed by the appropriate specialty section or via any other means of electronic transmission that the appropriate specialty section deems appropriate. The posting shall contain any information the appropriate section deems appropriate.

(H) An approved training agency shall notify the appropriate specialty section in writing, within fourteen business days of the date of an approved course offering, of any cancellation, changes to the course date or any change in the time, or location, of a course of program. If the training agency is proposing to change the content of a course or program or an approved instructor with an instructor that has not been approved for the course or program the training agency shall comply with paragraph (K) of this rule before such course or program shall be offered.

(I) Any member of the Ohio construction industry licensing board or their designees may attend a course or program being offered by an approved training agency in order to determine whether the course or program is being conducted in accordance to approved guidelines and procedures established in this section.

(J) Any training agency that fails to comply with this rule or rules 4101:16-2-01 , 4101:16-2-02 , and 4101:16-2-04 of the Administrative Code may be disapproved or not renewed. Any training agency that has been disapproved or not renewed may appeal the administrative section's decision pursuant to Chapter 119. of the Revised Code.

(K) If the change to the approved course/program materially alters the contents of the course/program initially approved by the specialty section, or if an approved instructor(s) are not available to teach the course or program the training agency shall not hold that course/program until the training agency receives approval for the changes from the appropriate specialty section.

Effective: 01/01/2009
R.C. 119.032 review dates: 04/01/2010
Promulgated Under: 119.03
Statutory Authority: 4740.05
Rule Amplifies: 4740.05
Prior Effective Dates: 08/01/93, 09/04/98, 03/24/03, 02/09/04, 04/01/05, 11/15/07