831 KAR 2:040 - Education and testing requirements and providers.
RELATES TO: KRS Chapter 165A, 198B.706, 198B.712, 198B.722, 198B.724
NECESSITY, FUNCTION AND CONFORMITY: KRS 198B.706(15) requires the Kentucky Board of Home Inspectors, with the approval of the executive director of the Kentucky Real Estate Authority, to promulgate administrative regulations to carry out the effective administration and requirements of KRS 198B.700 to 198B.738. KRS 198B.706(11) and 198B.724 require the board to establish requirements for continuing education courses and providers. KRS 198B.712(3)(c) requires an applicant to complete a board-approved course of study prior to seeking licensure. This administrative regulation establishes continuing education requirements for licensees and the procedures for obtaining board approval to be a prelicensing provider and a continuing education provider.
Section 1. Test
Provider and Examination Approval.
(1) To
become an approved test provider, an applicant shall submit a written proposal
to the board regarding the proposed examination.
(2) The proposal shall indicate that the
examination:
(a) Consists of at least 200
questions;
(b) Draws questions from
a question bank consisting of:
1. At least 800
unique questions, if no state-specific questions are asked; or
2. At least 650 general knowledge questions
and at least 150 state-specific questions, if state-specific questions are
asked;
(c) Contains
questions reasonably calculated to evaluate the competency and aptitude of the
prospective licensee to be a home inspector;
(d)
1.
Includes questions that cover, at a minimum, building sciences and report
writing; and
2. The exam may include
questions that cover one (1) or both of the standards of practice authorized in
KRS 198B.706(13);
(e)
Indicates how a passing score is to be calculated;
(f) Includes details indicating how the
examination will be proctored; and
(g) Is third-party accredited by the Buros
Center for Testing, or another independent, nationally recognized examination
or credential accreditation entity acceptable to the Board, as being an
examination developed and administered in accordance with generally accepted
standards for psychometric validity, consistent with the 2014 Standards for
Educational and Psychological Testing.
(3) The proposed examination may contain
state-specific questions totaling no more than ten (10) percent of the total
questions on the examination.
Section
2. Education Provider Approval.
(1) A prelicensing course provider applicant
shall submit:
(a) A completed Application for
Pre-licensing Course Provider, form KBHI-3;
(b) A $500 nonrefundable application
fee;
(c) A copy of:
1. The applicant's license from the Kentucky
Commission on Proprietary Education, if required by KRS Chapter 165A;
or
2. Proof that the applicant is
exempt from licensure;
(d) A syllabus of all courses that will be
offered, which shall include the physical location of each laboratory and field
training portion of the courses;
(e) A list of all course instructors and
copies of their current curriculum vitae;
(f) A copy of all advertising material used
to advertise the courses; and
(g) A
sample of the official transcript.
(2) A continuing education course provider
applicant shall submit to the board:
(a) A
completed Application for Continuing Education Course Provider, form KBHI-4;
and
(b) A $500 nonrefundable
application fee.
(3)
Upon approval, the board shall assign the provider a provider number. The
provider shall use the provider number in the course syllabus, all course
materials, and all written advertising materials for the course.
(4) A provider's approval shall expire every
two (2) years. Each provider shall resubmit the application and fee required
for initial approval no later than forty-five (45) days prior to the date of
expiration.
Section 3.
Prelicensing Course Approval.
(1) To be
approved by the board, a prelicensing training course shall require a minimum
of:
(a) Sixty-four (64) credit hours of
training in the subject areas listed in subparagraphs 1 through 9 of this
paragraph for at least the number of hours specified:
1. Manufactured housing: two (2)
hours;
2. Standards of practice,
KRS 198B.700 to 198B.738 and 831 KAR Chapter 2, contracts, report writing, and
communications: twelve (12) hours;
3. Exterior, roofing, insulation, and
ventilation: six (6) hours;
4.
Structure and interior: nine (9) hours;
5. Electrical and plumbing: nine (9)
hours;
6. Heating and air
conditioning: six (6) hours;
7.
Field training: sixteen (16) hours, including not more than eight (8) hours in
a laboratory;
8. General
residential construction: three (3) hours; and
9. Environmental hazards, mitigation, water
quality, and indoor air quality: one (1) hour;
(b) The completion of three (3) unpaid home
inspections under the direct supervision of a Kentucky licensed home inspector
with satisfactory written reports submitted to the course provider in addition
to the sixteen (16) hours of field training required by paragraph (a)7. of this
subsection; and
(c) An exit
examination with a passing score to be determined by the provider.
(2) An online prelicensing
training course shall not be accepted by the board unless the applicant:
(a) Was enrolled in a prelicensing course on
or before September 4, 2015;
(b)
Maintained continuous enrollment; and
(c) Completed the prelicensing course no
later than six (6) months from September 4, 2015.
Section 4. Continuing Education
Course Approval.
(1) To offer a continuing
education course, an approved continuing education provider shall submit to the
board at least thirty (30) days prior to the next regularly scheduled board
meeting:
(a) A completed Application for
Continuing Education Course, form KBHI-5;
(b) An official course curriculum and
description;
(c) A copy of the
course agenda indicating hours of education and breaks;
(d) The number of continuing education hours
requested;
(e) A list of all course
instructors and copies of their current curriculum vitae; and
(f) An official certificate of
completion.
(2) To
receive approval, each course shall be in hourly increments from one (1) to six
(6) hours.
(a) One (1) hour of continuing
education shall be allowed for each fifty (50) minutes of actual instruction;
and
(b) The board may approve a
course for hours different than the provider's request based on the education
and experience of the licensed home inspector board members.
(3) The board shall approve
continuing education courses that:
(a)
Contribute to the competence of licensees;
(b) Contain sufficient educational content to
improve the quality of licensee performance; and
(c) Comply with this administrative
regulation.
(4) If the
continuing education course is an online course, the course:
(a) Shall not satisfy the continuing
education requirements established in Section 11(3)(a) and (b) of this
administrative regulation;
(b) May
satisfy the continuing education requirements established in Section 11(3)(c)
of this administrative regulation; and
(c) Shall contain an explanation or provide
proof that the continuing education provider has an attendance verification
process.
(5) Upon
approval, the board shall assign the course a number. The course provider shall
use the course number in the course syllabus, all course materials, and all
written advertising materials for the course.
(6) Prelicensing and continuing education
course approval shall be valid for two (2) years from date of issue if no
substantial change is made in the course and the board has not imposed
discipline upon the provider or its instructors.
(7) Substantial changes, such as a change in
the agenda, published course description, or instructor, made in any course
shall require a new approval of that course.
(8) A provider shall apply for course
approval no later than forty-five (45) days prior to the date of expiration of
the original course approval.
Section
5. Denial of Application. Unless a denial is being considered
pursuant to 831 KAR 2:030, a course that has been denied may be resubmitted to
the board after adopting the suggested modifications provided by the
board.
Section 6. Required Records.
(1) Each provider shall maintain with respect
to each course:
(a) The time, date, and
location of each course completed;
(b) The name, address, and qualifications of
each instructor who teaches any portion of the course and if each instructor
has been approved by the board;
(c)
The name and address of each person who registered for the course;
(d) The course syllabus used for each course;
and
(e) The course
evaluations.
(2) The
provider shall issue to each person who successfully completes an approved
course, a certificate of completion containing:
(a) The name of the attendee;
(b) The name of the provider;
(c) The course name;
(d) The course number;
(e) The date of the course; and
(f) The total number of continuing education
hours successfully completed in each subject covered by the course.
(3) Each provider shall maintain
its records for at least three (3) years after the completion of each course.
These records shall be submitted to the board or its agents upon
request.
Section 7.
Qualifications of Course Instructors.
(1) Each
course instructor shall be qualified, by education or experience, to teach the
course, or parts of a course, to which the instructor is assigned.
(2) Any person with a four (4) year college
degree or graduate degree, with at least two (2) years of work experience in
that field, shall be qualified to teach a prelicensing or continuing education
course in that person's field of study.
(3) To qualify as an instructor based on
experience, an individual shall:
(a) Be
licensed and have actively practiced for at least five (5) years as a home
inspector; or
(b) Have five (5)
years of experience in a related field of home inspection or the building
sciences.
(4)
(a) A licensee whose license is suspended as
a result of board discipline shall not teach or serve as a course instructor
during the time the license is suspended.
(b) A licensee whose license has been revoked
as a result of board discipline shall not teach or serve as a course instructor
after the license has been revoked.
(5) A course provider may request prior
approval by the board regarding the qualifications of a particular instructor
for a particular course.
Section
8. Course Syllabus.
(1) Each
course shall have a course syllabus that identifies:
(a) The name of the course;
(b) The name and address of the
provider;
(c) A description or
outline of the contents of the course; and
(d) The location of each course
component.
(2) Each
person who registers for a course shall be given the course syllabus prior to
the beginning of the course.
Section
9. Course Advertising.
(1) A
provider shall not advertise a course as approved until the approval is granted
by the board.
(2) A provider shall
not include any false or misleading information regarding the contents,
instructors, location of classrooms or laboratory courses, or number of
continuing education hours of any course approved under this administrative
regulation.
Section 10.
Complaints and Disciplinary Action Against a Prelicensing Provider or
Continuing Educational Provider.
(1) A
complaint against an approved provider shall be notarized and filed on the
Complaint Form, form KBHI-7, which is incorporated by reference in 831 KAR 2:030.
(2) The board may deny,
suspend, probate, or revoke the registration of any prelicensing course
provider or continuing educational provider for:
(a) Obtaining or attempting to obtain
registration or approval through fraud, deceit, false statement, or
misrepresentation;
(b) Failing to
timely provide complete and accurate information in registration
materials;
(c) Falsifying any
records, including attendance, regarding courses conducted;
(d) Failing to maintain, or provide to the
board upon request, any required records regarding courses;
(e) Failing to take attendance at any
approved course; or
(f) Failing to
comply with any other duty established for providers in this administrative
regulation.
(3) The
board shall issue written notice of disciplinary action by certified mail sent
to the pre-licensing course or continuing educational provider's address on
file with the board and inform the provider:
(a) Of the disciplinary action being taken by
the board;
(b) Of the specific
reason for the board's action, including:
1.
The statutory or regulatory violation; and
2. The factual basis on which the
disciplinary action is based; and
(c) That the provider may request an
administrative hearing on the board's proposed disciplinary action by written
request to the board, postmarked or delivered no more than ten (10) calendar
days following the date of the board's notice.
(4) If the request for an administrative
hearing is not timely filed, the notice of disciplinary action shall be
effective upon the expiration of the time for the licensee to request an
administrative hearing.
(5) A
provider whose approval has been revoked shall not be approved for two (2)
years from the date of revocation.
Section 11. Continuing Education for
Licensees.
(1) The continuing education
requirements of this section shall apply only to those licensees who will have
been licensed at least twelve (12) months at license renewal.
(2)
(a) Each
licensee who renews a license in an odd year shall have at least fourteen (14)
hours of continuing education per license year.
(b) Each licensee who renews a license during
an even year shall have at least twenty-eight (28) hours of continuing
education during the license biennial period.
(3) Satisfaction of the educational
requirements in Section 11(2)(a) and (b) shall consist of a minimum of:
(a) Three (3) hours in KRS 198B.700 to
198B.738 and 831 KAR Chapter 2;
(b)
Three (3) hours in report writing; and
(c)
1. Eight (8) hours in
elective courses.
2. Elective
courses may be technical or non-technical in subject matter.
3. Technical courses include identification
and determination, as applicable within the standards of practice.
4. For a licensee satisfying the education
requirement in Section 11(2)(a), non-technical courses shall be limited to
three (3) hours of instruction for credit.
5. For a licensee satisfying the education
requirement in Section 11(2)(b), non-technical courses shall be limited to six
(6) hours of instruction for credit.
(4) An approved prelicensing course shall
satisfy the initial fourteen (14) hour continuing education
requirement.
(5) The continuing
education courses established in subsection (3)(a) and (b) of this section
shall be completed face-to-face. An online continuing education course shall
not satisfy the continuing education requirement for each respective
category.
(6) A maximum of three
(3) hours per license year shall be awarded for teaching part of a home
inspection continuing education course as applied to the appropriate content
area established in subsection (3)(a) through (c) of this section.
(7) A maximum of three (3) hours per license
year shall be awarded to a board member who is licensed and who has attended
not less than eighty (80) percent of the board meetings each license year. The
hours awarded shall apply to the content area established in subsection (3)(a)
of this section.
(8) A licensee
shall not receive credit for the same continuing education course during a
licensure period.
Section
12. Continuing Education Requirements for Inactive Licensees
Returning to Active Status. An inactive licensee who wishes to reactivate his
or her license shall complete either:
(1)
Fourteen (14) hours of continuing education consistent with Sections 11 (3) and
11 (8) of this administrative regulation for each year that the license has
been inactive; or
(2) A board
approved sixty-four (64) hour prelicensing training course.
Section 13. Incorporation by
Reference.
(1) The following material is
incorporated by reference:
(a) "Application
for Continuing Education Course Provider", Form KBHI-4, 9/2018;
(b) "Application for Continuing Education
Course", Form KBHI-5, 12/2018; and
(c) "Application for Pre-Licensing Course
Provider", Form KBHI-3, 12/2018.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Board of Home
Inspectors, 656 Chamberlin Avenue, Suite B, Frankfort, Kentucky 40601, Monday
through Friday, 8 a.m. to 4:30 p.m.
Notes
STATUTORY AUTHORITY: KRS 198B.706, 198B.712(3)(c), 198B.722, 198B.724
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