Happy Holidays and Happy New Year!
(adopted and approved by NYS, DOS- All schools must clearly list the Module being taught! NYS only approves Modules and assigns each Module an approval #)
A new Subpart 197-2 of Part 197 of Title 19 of the NYCRR is adopted to read as follows:
Home Inspection Qualifying Courses
§197-2.1 Approved entities.
Home Inspection courses and offerings may be given by any college or university accredited by the Commissioner of Education of the State of New York or by a regional accrediting agency accepted by said Commissioner of Education; public and private schools; and home inspection related professional societies and organizations.
§197-2.2 Request for approval of courses of study.
Applications for approval to conduct courses of study to satisfy the requirements for licensed home inspector shall be made at least 60 days before the proposed course is to be conducted. The application shall be prescribed by the Department to include the following:
(a) name and business address of the proposed school which will present the course;
(b) if applicant is a partnership, the names and home addresses of all the partners of the entity;
© if applicant is a corporation, the names and home addresses of persons who own five percent or more of the stock of the entity;
(d) the name, home and business address and telephone number of the education coordinator that will be responsible for administering the regulations contained in this part;
(e) locations where classes will be conducted;
(f) title of each course to be conducted;
(g) detailed outline of each module, together with the time sequence of each segment;
(h) final examination to be presented for each course, including the answer key;
(i) all times included on each test form must be consistent with content specifications indicated for each course. Weighing of significant content areas should fall within the weight ranges indicated. All reference sources used to support each correct answer must be included. Linkage to each answer must be indicated with a footnote showing page number, subject matter, etc.;
(j) description of materials that will be distributed;
(k) the books that will be used for the outline and the final exams; and
(l) a detailed description of the means of providing the 40 hour field based training.
§197-2.3 Subjects for study - home inspection.
The following are the required subjects to be included in the course of study in home
inspection for licensure as a home inspector, and the required number of hours to be devoted to each such subject. All approved schools must follow this course syllabus in conducting their program.
Home Inspection Course Modules - 140 hours
Insulation and Ventilation
Overview of Profession
NYS License Law
Module 5 40 hours
(1) 40 hours of unpaid field-based training in the presence of and under the direct supervision of a home inspector licensed by New York State, or a professional engineer or architect regulated by New York State who oversees and takes full responsibility for the inspection and any report produced.
(2) Students have the option of not completing the field-based training by an approved school; however, all entities requesting approval for the Home Inspection qualifying curriculum must be approved for and make available to their students the 40 hours of unpaid field-based training and provide the Department of State with a detailed description of the means for providing the training.
(3) Schools must maintain a log of all inspections completed for purposes of providing proof of each student’s field based training. The log must contain the following information:
(a) the student’s name;
(b) the date of the home inspection;
© the address of the property inspected;
(d) the name of the client;
(e) the amount of time that was spent on the inspection; and
(f) the name, unique identification number and signature of the licensed home inspector, professional engineer or architect.
(4) Approved entities must verify hours of training and provide the student with a certificate of completion.
(5) If Field-based training is not completed by an Approved Home Inspection School, the student must maintain a log of all inspections completed for purposes of providing proof of their field based training. The log must contain the following information:
(a) the date of the inspection;
(b) the address of the property inspected;
© the name of the client;
(d) the amount of time that was spent on the inspection; and
(e) the name, unique identification number and signature of the licensed home inspector, professional engineer or architect.
(6) Completed home inspections must be maintained by the licensed home inspector, professional engineer or architect, and are subject to review by the Department of State.
§197-2.4 Equivalency pre-licensing education courses completed prior to January 1, 2006.
(a) The criteria for approval of courses completed prior to the January 1, 2006, shall be that the course or courses have substantially covered the same subject matter, classroom hours of attendance and completed standards as prescribed by this Subpart as a prerequisite of licensing.
(b)Application for course evaluation must be accompanied by an official transcript or other documentation showing the subjects taken, the hours of instruction devoted to each subject and the hours attended by said applicant together with the date completed. In addition, a course description or outline must be provided by the school along with an applicant’s equivalency request.
©The Department may request additional supportive documentation to determine course equivalency.
§197-2.5 Computation of instruction time.
To meet the minimum statutory requirement, attendance shall be computed on the basis of an hour equaling 50 minutes. For every 50 minutes of instruction there shall be an additional 10 minute break. The time of the breaks shall be left to the discretion of the individual education coordinator. Breaks shall not be considered optional, nor are they to be used to release the class earlier than scheduled.
§197-2.6 Attendance and examinations.
(a) No person shall receive credit for any course module presented in a class-room setting if he or she is absent from the class room, during any instructional period, for a period or periods totaling more than 10 percent of the time prescribed for the course module pursuant to section 197-2.3 of this Subpart, and no person shall be absent from the class room except for a reasonable and unavoidable cause.
(b) Students who fail to attend the required scheduled class hours may, at the discretion of the approved entity, make up the missed subject matter during subsequent classes presented by the approved entity.
© Final examinations may not be taken by any student who has not satisfied the attendance requirement.
(d) A make up examination may be presented to students at the discretion of the approved entity. Make up examinations must be submitted for approval to the Department in accordance with guidelines noted in section 197-2.2 of this Subpart.
(e) All examinations required for course work shall be written and given within a reasonable time after the course work has been conducted. The failure of the final exam shall constitute failure of the course module.
Each course shall be presented in such premises and in such facilities as shall be necessary to properly present the course.
§197-2.8 Record retention.
All organizations conducting approved courses of study shall retain the attendance records, the final examinations and a list of students who successfully complete each course module for a period of three years after completion of each course module. All documents shall at all times during such period be available for inspection by duly authorized representatives of the Department of State.
(a) Each instructor for an approved home inspection course of study must be approved by the Department of State. To be approved, an instructor must submit an application along with a resume reflecting three years of experience as a home inspector during which time the applicant has completed at least 250 home inspections.
(b)An instructor who does not qualify under subdivision (a) of this section may be approved as a technical expert if the instructor submits an application and resume establishing, to the satisfaction of the Department of State, that the applicant is an expert in and has at least three years’ experience in a specific technical subject related to home inspection. Approval by the Department of State shall specify the subject(s) within the home inspection course or course module for which approval is given.
§197-2.10 Policies concerning course cancellation and tuition refund.
Any educational institution or other organization requesting from the Department of State approval for home inspection courses must have a policy relating to course cancellation and tuition refunds. Such policy must be provided in writing to prospective students prior to the acceptance of any fees.
§197-2.11 Revocation, suspension and denial of course approval.
The Department of State may deny, suspend, or revoke the approval or renewal of a home inspection course or a home inspection instructor, if it is determined that they are not in compliance with applicable law and rules, or if the offering does not adequately reflect and present current home inspection knowledge as a basis for a level of home inspection practice, or if the course provider or instructor has obtained, used or attempted to obtain or use the Department of State’s home inspection examination questions. Prior to the denial of an application, suspension or revocation, the course provider or instructor shall have the opportunity to be heard by the Secretary of State or his designee.
Any education institution or other organization offering approved courses may not make or publish any false or misleading statement regarding employment opportunities which may be available as a result of the successful completions of a course or as a result of acquisition of a home inspector license.
A duly authorized representative of the Department of State may audit any course offered, and may verify attendance and inspect the records of attendance of the course at any time during its presentation or thereafter.
§197-2.14 Open to public.
All courses approved pursuant to this Subpart shall be open to all members of the public regardless of the membership of the prospective student in any home inspection related professional society or organization.
§197-2.15 Certificates of completion and student lists.
(a) Evidence of successful completion of a course module must be furnished to students in certificate form. The certificate must indicate the following: name of the student; name of the course provider; title of the home inspection module; number of hours; code number of the module; a statement that the student, who shall be named, has satisfactorily completed a course of study in home inspection subjects or unpaid field-based training approved by the Secretary of State in accordance with the provisions of section 197-2.3 of this Subpart, and that his or her attendance record was satisfactory and in conformity with the law, and that such module was completed on a stated date. The certificate must be signed and dated with an original signature by the owner or course coordinator.
(b) A list of the names and addresses of students who successfully complete each course module must be submitted to the Department of State within 15 days of completion of a course module.