Lawriter - OAC - 4781-8-06 Education for applicants.

4781-8-06 Education for applicants.

(A) General education requirements for applicant's installer license.

An applicant shall successfully complete twelve hours of initial licensing education as set forth in paragraph (B) of this rule. The required education shall be completed within six months of the date of the application. Credit shall only be given for courses that have been approved by the commission.

(B) The curriculum of any initial licensing education course shall include instruction in the following areas:

(1) Ohio law governing manufactured home installation;

(2) Manufacturers' installation manuals and requirements;

(3) Preparation of manufactured home sites, including drainage;

(4) Installation of foundation systems, including calculation of loads from roof to column to footing, and calculation of footing size;

(5) Blocking, perimeter support and leveling of manufactured homes;

(6) Connections of sections and components;

(7) Installation of anchoring systems and components;

(8) Installation of vapor barriers, curtain walls, access and ventilation for crawl space areas;

(9) Instruction in all areas included on inspection checklists on forms provided by the commission;

(10) Work place safety for installers; and

(11) Code of ethics for installers.

(C) Licensing courses shall help assure that applicant possesses the knowledge, skills, and competence necessary to function as manufactured homes installer in a manner that protects and serves the public interest.

(D) Any course that is to be conducted in Ohio or primarily for the benefit of Ohio applicants shall accurately and completely address any unique Ohio laws, codes, rules, customary practices, or approved methods, relevant to the subject matter being taught.

(E) No licensing course instructor shall instruct students in any manner or on any subject that is in contradiction to any statute, court decision, administrative rule, or order that has been issued by the commission.

(F) Sponsors of licensing courses.

(1) Application to sponsor a licensing education course.

(a) Sponsors of licensing courses shall follow the same application procedure set forth in rule 4781-9-02 of the Administrative Code for prospective sponsors of continuing education courses, including payment of a nonrefundable fee of one hundred fifty dollars in the form of a check or money order payable to"Treasurer, State of Ohio," or by credit card. Online credit card payments may be subject to a convenience fee as charged to the commission. The commission will not review applications that are not accompanied by all applicable fees.

(b) A commission designee shall determine whether the application materials contain the requisite information as set forth in this rule, whether the course is pertinent to the industry, if the course meets its stated objectives, and if the instructors meet the requirements of rule 4781-9-04 of the Administrative Code. The commission shall review completed applications from prospective sponsors.

(c) Upon approval by the commission, a written document of approval with a course number shall be issued to the course sponsor.

(2) An approved sponsor of an initial education licensing course shall comply with the requirements of rule 4781-9-02 of the Administrative Code regarding use of a sponsor's official name.

(G) Course fees.

(1) The sponsor may establish a fee for students taking a course. The fee shall be all-inclusive, and no separate or additional fee may be charged to students for providing course materials, providing course completion certificates, reporting course completion to the commission, or for recouping similar routine administrative expenses. The total amount of any fees to be charged shall be included in any advertising or promotional materials for the course.

(2) The sponsor shall pay a course fee of five dollars to the commission per credit hour for each student completing an approved course.

(H) Advertising of courses; solicitation of students.

(1) Course sponsors shall not use false or misleading advertisements. Advertising shall be in accordance with the provisions of rule 4781-9-02 of the Administrative Code.

(2) If the number of licensing education credit hours awarded by the commission for a course is less than the number of scheduled hours for a course, then any advertisements or promotional materials must clearly specify the number of commission awarded credit hours for that course.

(3) Course sponsors shall provide any prospective student with a description of the course content if requested.

(4) Course sponsors shall specify the sponsor's refund and cancellation policies in any promotional materials.

(5) Sponsors and instructors may have unapproved material, pamphlets and brochures available for purchase by student but classroom time may not be used to promote or sell any materials, or to solicit membership or affiliation in any business or organization.

(6) Distance learning courses shall be advertised in accordance with the provisions of rule 4781-9-05 of the Administrative Code for continuing education distance learning courses.

(I) Course scheduling; notice to the commission.

(1) Courses shall be limited to a maximum of eight classroom hours per day, including breaks. A classroom hour consists of at least fifty minutes of instruction. The maximum amount of instruction time without a break is limited to ninety minutes and any course scheduled for four or more hours must include a meal break of at least one hour. The provisions of this rule do not apply to self-paced distance learning courses.

(2) At least ten days before commencement of a schedule course, written notice shall be provided informing the commission of the scheduled course, including the sponsor's name and assigned number, the name and assigned number for the course, the scheduled date and time, specific location(s), and the name of the instructor.

(3) If there are schedule changes or a cancellation of a course, then at least five calendar days before the originally scheduled course start date, the commission shall be given notice of the changes or cancellation. If the change or cancellation is due to unforeseen circumstances, then the sponsor shall notify the commission the next business day.

(4) The commission shall be notified as soon as the sponsor becomes aware that a particular course has an enrollment in excess of sixty students. No class shall exceed sixty students without prior approval of the commission.

(J) Course cancellation and refund policies.

(1) Cancellation and fee refund policies shall be administered in a non-discriminatory manner and shall be clearly defined in course advertising and information.

(2) If a course is cancelled, pre-registered students shall be notified by the sponsor and all pre-registered students shall be issued a full refund within thirty days of the cancellation. In lieu of a refund and with a student's permission, the fee may be applied towards another course.

(K) A sponsor shall comply with the requirements of rule 4781-9-02 of the Administrative Code regarding notification of course and/or sponsor changes.

(L) Licensing education coordinator.

Every course sponsor shall designate an education coordinator for all commission-approved initial licensing courses. The duties and responsibilities of the initial licensing education coordinator are the same as those set forth in rule 4781-9-03 of the Administrative Code for continuing education coordinators. The coordinator shall ensure that no student receives a certificate of completion or is reported to the commission as having completed a course unless that student has complied with the attendance and student participation requirements of paragraph (D) of rule 4781-9-03 of the Administrative Code.

(M) The sponsor shall comply with the minimum classroom size and facility requirements, set forth in paragraph (D) of rule 4781-9-01 of the Administrative Code.

(N) The sponsor shall comply with the requirements of paragraph (E) of rule 4781-9-01 of the Administrative Code for students with disabilities.

(O) Course completion reporting.

(1) The education coordinator shall be responsible for providing course reports to the commission regarding students who have satisfactorily completed the course requirements. All reports shall be received by the commission's education administrator within fifteen calendar days of completion.

(2) For each student who has satisfactorily completed a course, the coordinator shall prepare and submit a report that includes:

(a) Student's name and address;

(b) The date of course completion;

(c) The number of credit hours to be granted to the student;

(d) A course completion certificate signed by at least one instructor of that course;

(e) A fee of five dollars per credit hour per student made payable by check or money order to "Treasurer, State of Ohio," or by credit card. Online credit card payments may be subject to a convenience fee as charged to the commission.

(f) Student's date of birth; and

(g) Student's mailing address and daytime telephone number.

(3) The course sponsor shall also provide a certificate of completion to the student who satisfactorily completes a course within fifteen days of completing the course. The certificate may be used by the applicant as proof of having completed the course.

(4) The commission shall be provided reports on any applicant who does not satisfactorily complete a course. The course sponsor shall not provide a certificate of completion, or report the student as having completed the course, if the student fails to satisfy the requirements of this rule.

Five Year Review (FYR) Dates: 08/01/2016 and 08/01/2021
Promulgated Under: 119.03
Statutory Authority: 4781.04
Rule Amplifies: 4781.04
Prior Effective Dates: 09/02/2006, 01/01/2010, 06/02/2011

Prior History: (Five Year Review (FYR) Dates: 11/06/2015 and 11/06/2020
Promulgated Under: 119.03
Statutory Authority: 4781.04
Rule Amplifies: 4781.04
Prior Effective Dates: 09/12/2006, 01/01/2010, 06/02/2011)