Cal. Code Regs. Tit. 16, § 165 - Continuing Education Coursework Regarding Disability Access Requirements
(a) For purposes of
this section, the following terms have the following meanings:
(1) "Certified access specialist" means a
person who is certified pursuant to Government Code section
4459.5.
(2) "Disability access requirement" means a
provision, standard, or regulation under state or federal law requiring
compliance with standards for making new construction and existing facilities
accessible to persons with disabilities, including, but not limited to, any
provision of, or standard or regulation set forth in, the following:
(A) Civil Code sections
51,
54,
54.1, and
55.
(B) Part 5.5 (commencing with section 19955)
of the Health and Safety Code.
(C)
California Building Code, section 1.9.1 and chapters 11A and 11B of volume 1 of
part 2 of title 24 of the California Code of Regulations.
(D) Titles II and III of the federal
Americans with Disabilities Act of 1990 ("ADA") (42 U.S.C. Sec. 12101
et seq.).
(b) As a condition of renewal, a licensee
shall complete five hours of continuing education (CE) coursework on the
subject of California and federal disability access requirements that meet the
criteria specified in this section during each two-year license renewal period
prior to the license expiration date, or, if the license is delinquent, during
the 24 months immediately preceding the date on which the licensee submits the
delinquent renewal application. The board shall consider CE coursework
incomplete and the licensee not in compliance with this section if, within 15
days of the board's notice of audit and written request, the licensee does not
make available to the board the proof required by this section. For purposes of
this section "proof" shall mean any of the following:
(1) a certificate of completion described in
subsection (h),
(2) attendance or
course completion records from the course provider as described in subsection
(g), or,
(3) other records of
completion that contain the information specified in Section 5600.05 of the
code.
(c) The CE
coursework shall have clear and identifiable learning objectives, systematic
presentation of material, and be presented by trainers or educators who meet
the qualifications in subsection (e).
(d) A provider shall only issue a certificate
of completion to a participant who:
(1)
completes an in-person or live webinar course, or
(2) takes a recorded course not presented
live or presented by recorded webinar and successfully passes a test of the
participant's knowledge and understanding of the CE coursework at the end of
the period of instruction (post-course test). "Successfully passing" shall mean
a minimum cumulative passing score of at least seventy percent
(70%).
(e) A provider
must use trainers or educators who have knowledge and expertise in disability
access requirements and meet one of the following criteria:
(1) Be a certified access specialist or
certified by another United States jurisdiction to perform one or more of the
services described in section
of title
21113 of title 21 of the California Code of
Regulations.
(2) Hold a
certification from the International Code Council ("ICC") National
Certification as one of the following:
(A)
Commercial Building Inspector.
(B)
Building Plans Examiner.
(C)
Certified Building Official.
(D)
Code Specialist.
(E) Accessibility
Inspector/Plans Examiner.
(3) Hold a certification from the ICC
California Certification Program as one of the following:
(A) California Commercial Building
Inspector.
(B) California Building
Plans Examiner.
(4) Hold
a license or registration issued by a United States jurisdiction as an
architect or a professional, civil, or structural engineer.
(5) At least two years' employment by a
building department or other building code enforcement agency of any state or
local governmental jurisdiction as a plan reviewer, plans examiner, building
inspector, building or construction consultant or construction
inspector.
(6) At least three
years' employment as a disability access specialist conducting assessment of
facilities for specific needs of the disability community.
(f) An architect shall not certify completion
of the CE requirement through self-teaching or self-directed activities.
Teaching, instructing, or presenting a course on disability access requirements
shall not qualify as credit for fulfillment of the CE requirement of this
section.
(g) A provider shall
maintain for at least three years from the date of course completion records of
participant attendance and course completion, including the information
specified in section 5600.05(b) of the code, for each CE participant.
(h) Within ten business days from the
completion of the course, a provider shall issue a certificate of completion to
each participant, subject to the requirements in subsection (d). The
certificate of completion shall include the information specified in section
5600.05(b) of the code.
(i) Upon
written request by a licensee who is the subject of a CE audit, a provider
shall issue within ten days of the date of the request a copy of the records
specified in subsection (g). It shall be the responsibility of a licensee to
obtain those records from the provider if they are requested by the board and
make those records available to the board. In addition, the licensee shall
cooperate in the audit and investigation of the licensee's compliance with this
section, including taking all steps required by the CE provider to authorize
the release of information to the Board, including signing any authorization or
consent to release the licensee's records of completion or coursework to the
Board.
(j) A licensee not in
compliance with this section shall remedy any deficiency of the CE requirements
of this section by completing the coursework prescribed by this section for the
prior renewal period during the current renewal period, in addition to
completing the CE coursework required in this section for the current renewal
period. Before the end of the current renewal period, the licensee shall
provide the board proof, as described in subsection (b), that the deficiency of
CE credits has been remedied as prescribed by this section.
Notes
Note: Authority cited: Sections 5526 and 5600.05, Business and Professions Code. Reference: Sections 5578 and 5600.05, Business and Professions Code; Section 55.52, Civil Code.
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