N.Y. Comp. Codes R. & Regs. Tit. 19 §§ 1208-4.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1208-4.1 - Certification of training courses

(a) Types of training courses. There are three types of training courses: basic training courses, in-service training courses, and advanced in-service training courses.

(b) Standards for certification of training courses. To be certified, a training course must satisfy each of the following requirements:

(1) the training course must include instruction in a topic specified in the applicable subdivision of Section 1208-3.2 of this Part (in the case of a basic training course), a topic specified in the applicable subdivision of section 1208-3.3 of this Part (in the case of an in-service training course), or a topic specified in the applicable provision of the statement issued by the Secretary pursuant to subdivision (b) of section 1208-3.4 of this Part (in the case of an advanced in-service training course);

(2) the training course must be taught or presented by an instructor who has been certified to teach or present such training course pursuant to Section 1208-4.2 of this Part, or by an adjunct instructor who has been certified to teach or present such training course pursuant to Section 1208-4.3 of this Part;

(3) the training course should not serve to endorse individual products or systems; this shall not prohibit courses covering proprietary products or systems.

(4) the training course must establish a system sufficient to monitor and record each student's attendance and participation in each class session, the grade achieved by each student on each examination, if applicable, and each student's success in completing the training course; and

(5) if the course is to be offered as an online training course, the training course must include a system sufficient to monitor, verify and record each remote participant's attendance and participation in each class session, the grade achieved by each remote participant on each examination, and each remote participant's success in completing the training course.

(c) Application for certification of a training course. An application for certification of a training course must be submitted to the Department at least eight weeks prior to the date on which the training course is intended to be first presented. The application shall include the following:

(1) a CD, DVD or flash drive containing a copy of the course, including a lesson plan, speaker notes, and presentation files, and for videos used as part of a course, a copy of the video, the video's title and a brief description of its content;

(2) a CD, DVD or flash drive containing a copy of course handouts, and if course handouts are not available electronically, a copy of the handout in the format to be used;

(3) the name of each instructor or adjunct instructor who will teach or present all or any part of the training course and an instructor biography for each;

(4) if the course is to be offered as an online training course, such additional information as the Department may request with regard to the manner in which the remote presentations are to be made (in the case of a course to be presented to some or all of the students by internet transmission, such additional information shall include, but shall not necessarily be limited to, the URL for the course, the import file specifications, and a "test" file), together with satisfactory evidence that a system sufficient to monitor and verify each remote participant's participation in, and successful completion of, such training course has been established; and

(5) such additional information and documentation regarding the training course, the training course provider, and the training course's instructor(s), adjunct instructor(s), and manner of presentation as may be requested by the Department.

(d) Certification of training course. Upon approval of a training course, the Secretary shall issue a certificate or letter attesting to such approval, and specifying the number of hours of training credit for which the training course has been approved. Such certification shall be subject to such terms and conditions as may be specified in the certificate or letter, and shall expire on the expiration date specified in the certificate or letter unless, in accordance with subdivision (e) of this section, the Secretary determines that the certification of the training course should be revoked earlier.

(e) Revocation of certification of training course. A certification of a training course issued pursuant to this section may be revoked by the Secretary if:

(1) the Secretary determines that, for any reason (including, but not limited to, the adoption or proposed adoption of amendments, revisions, or additions to the Uniform Code and/or the Energy Code), the training course is, or has become, or is about to become, irrelevant, incomplete, obsolete, or otherwise insufficient for the purpose of providing proper training of persons who are or who wish to become building safety inspectors or code enforcement officials; or

(2) any instructor who teaches or presents all or any part of the training course dies, becomes incapacitated, resigns, retires, has his or her certification as a standard instructor or adjunct instructor revoked, or otherwise becomes unable to teach or present the training course, and the training course provider fails to provide a suitable replacement instructor; or

(3) the Secretary determines, after notice and an opportunity to be heard, that:

(i) the application for certification of the training course contained any false or misleading statement; or

(ii) the training course provider, or any person or entity affiliated with the training course provider, or any instructor teaching or presenting all or any part of the training course, has demonstrated incompetency or untrustworthiness.

(f) Courses developed by the Department. This section shall not apply to training courses developed by the Department which are taught or presented by employee(s) of the Department.

N.Y. Comp. Codes R. & Regs. Tit. 19 §§ 1208-4.1

Adopted by New York State Register December 31, 2014/Volume XXXVI, Issue 52, eff. 1/1/2015