reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 196 - Approval Of Security Or Fire Alarm System Installer Courses › Section 196.17 - Suspensions and denials of course approval

Current through Register Vol. 46, No. 28, July 10, 2024
Within 60 days after the receipt of the application for
					 approval, the department shall inform the entity as to the status of the
					 application or whether additional information is needed to determine the
					 acceptability of the offering. The department may deny, suspend, or revoke the
					 approval of a course, instructor, or location, if it is determined that they
					 are not in compliance with the law and rules, or if the offering does not
					 adequately reflect and present current installer knowledge. If disciplinary
					 action is taken, a written order of suspension, revocation or denial of
					 approval will be issued. Anyone who objects to such denial, suspension or
					 revocation shall have the opportunity to appeal to the Secretary of State or
					 designee.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 196 - Approval Of Security Or Fire Alarm System Installer Courses › Section 196.18 - Open to public

Current through Register Vol. 46, No. 28, July 10, 2024
All courses approved pursuant to this Part shall be open to
					 all members of the public regardless of the membership of the prospective
					 student in any professional society or organization.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 196 - Approval Of Security Or Fire Alarm System Installer Courses › Section 196.19 - Revocation of course approval

Current through Register Vol. 46, No. 28, July 10, 2024
The Department of State may revoke approval of any course
					 or deny the renewal of any course:
(a)
				  which fails to comply with any of the provisions of this Part; or
(b) where the sponsor has obtained, used, or
				  attempted to obtain or use, New York State Department of State security or fire
				  alarm system installer examination questions; or
(c) where students of any approved course
				  have demonstrated, during any annual period, a performance record substantially
				  below the statewide average for first time examination candidates.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 196 - Approval Of Security Or Fire Alarm System Installer Courses › Section 196.20 - Advertisements

Current through Register Vol. 46, No. 28, July 10, 2024
Any educational 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 completion of a course or acquisition of a
					 license.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 196 - Approval Of Security Or Fire Alarm System Installer Courses › Section 196.21 - Employment recruitment

Current through Register Vol. 46, No. 28, July 10, 2024
Educational institutions or other organizations offering
					 approved courses or employees of such institutions or organizations are
					 prohibited from any recruitment activities which may result in the offering of
					 employment of students. No recruitment activities for employment are to be
					 allowed by the education coordinators whatsoever.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 196 - Approval Of Security Or Fire Alarm System Installer Courses › Section 196.22 - Policy concerning course cancellation and tuition refund

Current through Register Vol. 46, No. 28, July 10, 2024
A sponsor which requests approval of courses from the
					 department must provide its policy relating to course cancellation and tuition
					 refunds to its students prior to the acceptance of any fees from that
					 student.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 196 - Approval Of Security Or Fire Alarm System Installer Courses › Section 196.23 - Faculty approval and qualifications

Current through Register Vol. 46, No. 28, July 10, 2024
An individual who wishes to teach Department of State
					 approved security or fire alarm system installer courses must provide evidence
					 of having obtained a New York State security or fire alarm system installer
					 license or provide evidence of having obtained a passing grade on the New York
					 State security or fire alarm system installer examination.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-1 - Business Practices And Standards › Section 197-1.1 - Liability coverage

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
					 applicant and every licensed home inspector shall secure, maintain, and file
					 with the Department of State proof of general liability insurance of at least
					 $150,000 per occurrence and $500,000 in the aggregate.
(b) Every proof of liability coverage shall
					 provide that cancellation or nonrenewal of the policy shall not be effective
					 unless and until at least 10 days' notice of intention to cancel or nonrenew
					 has been received in writing by the Secretary of State.
(c) In addition, every proof of liability
					 coverage shall include the following information:
(1) the name and business address of the
					 insured;
(2) the name, business
					 address and telephone number of insurance company;
(3) the policy number;
(4) the term of the policy; provided,
					 however, that the proof of liability coverage shall provide that the coverage
					 shall not expire until a notice of intention to cancel or non-renewal has been
					 received in writing by the Secretary of State at least 10 days prior to the
					 date of cancellation or non-renewal;
(5) a statement indicating that the policy
					 provides general liability coverage of at least $150,000 per occurrence and
					 $500,000 in the aggregate.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-2 - Home Inspection Qualifying Courses › Section 197-2.1 - Approved entities

Current through Register Vol. 46, No. 28, July 10, 2024
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.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-2 - Home Inspection Qualifying Courses › Section 197-2.2 - Requests for approval of courses of study

Current through Register Vol. 46, No. 28, July 10, 2024
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;
(c) 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.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-2 - Home Inspection Qualifying Courses › Section 197-2.3 - Subjects for study-home inspection

Current through Register Vol. 46, No. 28, July 10, 2024
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
Module 1
Structural Exterior Roof 25
						hours Final Exam
Module 2
Interior Insulation and
						Ventilation
Electrical 25 hours Final Exam
Module 3
Heating Cooling Plumbing 25 hours Final Exam
Module 4
Overview of Profession NYS
						License Law Report Writing 25 hours Final Exam
Module 5
40
						hours
(a) 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.
(b) 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.
(c) 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:
(1) the student's name;
(2) the date of the home
					 inspection;
(3) the address of the
					 property inspected;
(4) the name of
					 the client;
(5) the amount of time
					 that was spent on the inspection; and
(6) the name, unique identification number
					 and signature of the licensed home inspector, professional engineer or
					 architect.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-2 - Home Inspection Qualifying Courses › Section 197-2.4 - Equivalency pre-licensing education courses completed prior to January 1, 2006

Current through Register Vol. 46, No. 28, July 10, 2024
(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.
(c) The department may request additional
					 supportive documentation to determine course equivalency.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-2 - Home Inspection Qualifying Courses › Section 197-2.5 - Computation of instruction time

Current through Register Vol. 46, No. 28, July 10, 2024
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.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-2 - Home Inspection Qualifying Courses › Section 197-2.6 - Attendance and examinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
					 person shall receive credit for any course module presented in a classroom
					 setting if he or she is absent from the classroom, 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 classroom 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.
(c) 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.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-2 - Home Inspection Qualifying Courses › Section 197-2.7 - Facilities

Current through Register Vol. 46, No. 28, July 10, 2024
Each course shall be presented in such premises and in
						such facilities as shall be necessary to properly present the
						course.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-2 - Home Inspection Qualifying Courses › Section 197-2.8 - Record retention

Current through Register Vol. 46, No. 28, July 10, 2024
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.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-2 - Home Inspection Qualifying Courses › Section 197-2.9 - Faculty

Current through Register Vol. 46, No. 28, July 10, 2024
(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.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-2 - Home Inspection Qualifying Courses › Section 197-2.10 - Policies concerning course cancellation and tuition refund

Current through Register Vol. 46, No. 28, July 10, 2024
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.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-2 - Home Inspection Qualifying Courses › Section 197-2.11 - Revocation, suspension and denial of course approval

Current through Register Vol. 46, No. 28, July 10, 2024
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.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-2 - Home Inspection Qualifying Courses › Section 197-2.12 - Advertisements

Current through Register Vol. 46, No. 28, July 10, 2024
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.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-2 - Home Inspection Qualifying Courses › Section 197-2.13 - Auditing

Current through Register Vol. 46, No. 28, July 10, 2024
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.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-2 - Home Inspection Qualifying Courses › Section 197-2.14 - Open to public

Current through Register Vol. 46, No. 28, July 10, 2024
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.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-2 - Home Inspection Qualifying Courses › Section 197-2.15 - Certificates of completion and student lists

Current through Register Vol. 46, No. 28, July 10, 2024
(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.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-3 - Home Inspection Continuing Education Courses › Section 197-3.1 - General requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Renewals. For all home inspection licenses that expire prior to December 31,
					 2008, no renewal license shall be issued unless said licensee has completed six
					 hours of approved continuing education within the two-year period immediately
					 preceding such renewal. For all home inspection licenses that expire on or
					 after December 31, 2008, no renewal license shall be issued unless said
					 licensee has completed 24 hours of approved continuing education within the
					 two-year period immediately preceding such renewal.
(b) Course approval. No offering of a course
					 of study in the home inspection field for the purpose of compliance with the
					 continuing education requirements of subdivision (a) of this section shall be
					 acceptable for credit unless such course of study has been approved by the
					 Department of State under the provisions of this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-3 - Home Inspection Continuing Education Courses › Section 197-3.2 - Approved entities

Current through Register Vol. 46, No. 28, July 10, 2024
Continuing education home inspection courses (herein
						referred to as "sponsors") 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 approved by the Commissioner of Education; public or private
						schools; and home inspection related professional societies and organizations.
						Types of instruction which shall not be acceptable as meeting continuing
						education requirements include such courses as:
(a) offerings in basic computer skills
					 training, instructional navigation of the internet, instructional use of
					 generic computer software or industry specific report writing software,
					 instruction in personal motivation, business marketing, salesmanship, radon and
					 pests, and any other instruction that is unrelated to home
					 inspection.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-3 - Home Inspection Continuing Education Courses › Section 197-3.3 - Request for approval of course of study

Current through Register Vol. 46, No. 28, July 10, 2024
The following applies to courses to be presented in a
						classroom setting where the instructor is present with the class. Requests for
						approval of courses of study in the home inspection field to be given to
						satisfy the requirements for continuing education under the provisions of this
						Part shall be made 60 days before the proposed course is to be given. The
						request shall include the following:
(a) name, address and telephone number of the
					 applicant;
(b) if applicant is a
					 partnership, the names of the partners in the entity; if a corporation, the
					 names of any persons who own five percent or more of the stock of the
					 entity;
(c) title of each course to
					 be offered;
(d) location of each
					 course offered;
(e) duration and
					 time of each course offered;
(f)
					 procedure for taking attendance;
(g) a detailed outline of the subject matter
					 of each course or seminar. The outline shall contain the amount of time each
					 segment of the course or seminar lasts, as well as the teaching techniques used
					 in each segment. Each course or seminar will contain at least one hour of
					 instruction, and at most 24 hours of instruction; and
(h) description of materials to be
					 distributed to the participants.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-3 - Home Inspection Continuing Education Courses › Section 197-3.4 - Program approval

Current through Register Vol. 46, No. 28, July 10, 2024
Sponsors of courses of study may file applications for
						approval within 30 days of the completion of that course. The sponsor
						conducting the program may not guarantee to licensees that approval will be
						granted. Advertisements of such courses of study must indicate that such
						approval is not guaranteed.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-3 - Home Inspection Continuing Education Courses › Section 197-3.5 - Successful completion of course

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any course for continuing education shall
					 be accepted for credit on the basis of attendance only. For those courses that
					 have received pre-instruction approval from the Department of State, the course
					 administrator must submit to the Department of State within 15 days of
					 completion of the class, the names of all individuals who successfully complete
					 the approved course together with the unique identification number assigned by
					 the Department of State to all such individuals. For those courses that have
					 received post-instruction approval from the Department of State pursuant to
					 section 197-3.4 of this Subpart, the
					 course administrator must submit this information to the Department of State
					 within 15 days of having been granted post-instruction approval by the
					 Department of State.
(b) Evidence
					 of successful completion of the course must be furnished to students in
					 certificate form. The certificates must indicate the following: the name of the
					 approved entity, the name of the course, the code number of the course, and
					 that the student who shall be named has satisfactorily completed a continuing
					 education course approved by the Department of State and the number of hours
					 earned. The certificate must be signed and dated by the person authorized to
					 sign certificates. For those courses that have received post-instruction
					 approval from the Department of State pursuant to section
					 197-3.4 of this Subpart, the
					 course administrator shall provide this course certificate to qualified course
					 attendees within 30 days of having received Department of State course
					 approval.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-3 - Home Inspection Continuing Education Courses › Section 197-3.6 - Equivalency credit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A licensee
					 who teaches an approved home inspection course pursuant to Subpart 197-2 of
					 this Part or an approved course offered for continuing education shall be
					 credited with two hours for each hour of actual teaching performed. Records of
					 such teaching shall be maintained by the person or organization presenting the
					 course and certified on forms prescribed by the Department of State. The
					 records of such teaching shall be deemed records of attendance for all purposes
					 of these rules. Credit shall not be awarded for teaching the same course more
					 than once in a license cycle. Instructors must submit evidence of such teaching
					 experience with an equivalency application as prescribed by the Department of
					 State.
(b) Individuals who complete
					 a course of study offered outside of the State of New York, which course has
					 not been approved by the Department of State, may file a request to the
					 department to have such course count as credit toward their New York continuing
					 education requirement. All applications for such consideration must be
					 submitted with official documentation of satisfactory completion and the
					 official descriptions of the course of study as prescribed by the Department of
					 State. Upon receipt of such a request, the Department of State will review and
					 evaluate the out-of-state course to determine if all or a portion of the course
					 may be credited toward the applicant's New York continuing education
					 requirement. Within 30 days of receipt of a request, the Department of State
					 will approve or deny the request for New York continuing education
					 credit.
(c) All applications for
					 and evidence of equivalency credit must be submitted to the Department of State
					 for consideration at least 30 days prior to the expiration of the
					 license.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-3 - Home Inspection Continuing Education Courses › Section 197-3.7 - Extension of time to complete courses

Current through Register Vol. 46, No. 28, July 10, 2024
The Department of State may grant an extension to any
						licensee who evidences bona fide hardship precluding completion of the
						continuing education requirements prior to the time the renewal application is
						to be filed. A licensee seeking such an extension shall submit a written
						request, together with the evidence demonstrating such hardship. Within 30 days
						of receipt of a request, the Department of State will notify the licensee
						whether their request for an extension has been granted or
						denied.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-3 - Home Inspection Continuing Education Courses › Section 197-3.8 - Computation of instruction time

Current through Register Vol. 46, No. 28, July 10, 2024
To meet the minimum statutory requirement, attendance
						shall be computed on the basis of an hour equaling 60
						minutes.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-3 - Home Inspection Continuing Education Courses › Section 197-3.9 - Attendance and record retention

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
					 licensed person shall receive credit for any course presented in a classroom
					 setting if he or she is absent from the classroom, during any instructional
					 period, for a period or periods totaling more than 10 percent of the time
					 prescribed for the course pursuant to section
					 197-3.3(g) of
					 this Subpart, and no licensed person shall be absent from the classroom except
					 for a reasonable and unavoidable cause.
(b) The person or organization conducting the
					 course shall certify to the Department of State the name of each licensed
					 person who successfully completed the course of study and his or her unique
					 identification number as assigned by the Department of State, and shall
					 maintain its attendance records and a copy of such report for three years and,
					 in addition, shall maintain the following records concerning the course:
(1) the approval number issued by the
					 Department of State for the course;
(2) title and description of the
					 course;
(3) the dates and hours the
					 course was given; and
(4) the names
					 and unique identification numbers of the persons who took the course and
					 whether they completed it successfully.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-3 - Home Inspection Continuing Education Courses › Section 197-3.10 - Policies concerning course cancellation and tuition refund

Current through Register Vol. 46, No. 28, July 10, 2024
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.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-3 - Home Inspection Continuing Education Courses › Section 197-3.11 - Auditing

Current through Register Vol. 46, No. 28, July 10, 2024
A duly authorized designee 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.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-3 - Home Inspection Continuing Education Courses › Section 197-3.12 - Change in approved course of study

Current through Register Vol. 46, No. 28, July 10, 2024
There shall be no change or alteration in any approved
						course of study without prior written notice to, and approval by, the
						Department of State.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-3 - Home Inspection Continuing Education Courses › Section 197-3.13 - Suspensions and denials of school approval

Current through Register Vol. 46, No. 28, July 10, 2024
The Department of State may deny, suspend or revoke the
						approval of a home inspection school, if it is determined that they are not in
						compliance with the law and rules. If disciplinary action is taken, a written
						order of suspension, revocation, or denial of approval will be issued. Anyone
						who objects to such denial, suspension or revocation shall have the opportunity
						to be heard by the Secretary of State or his or her designee pursuant to Real
						Property Law section 444-i.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-3 - Home Inspection Continuing Education Courses › Section 197-3.14 - Open to public

Current through Register Vol. 46, No. 28, July 10, 2024
All courses approved pursuant to this Part shall be open
						to all members of the public regardless of the membership of the prospective
						student in any home inspection professional society or
						organization.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-3 - Home Inspection Continuing Education Courses › Section 197-3.15 - Facilities

Current through Register Vol. 46, No. 28, July 10, 2024
Each course shall be presented in such premises and in
						such facilities as shall be necessary to properly present the
						course.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-3 - Home Inspection Continuing Education Courses › Section 197-3.16 - Faculty

Current through Register Vol. 46, No. 28, July 10, 2024
(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.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-3 - Home Inspection Continuing Education Courses › Section 197-3.17 - Continuing education credit

Current through Register Vol. 46, No. 28, July 10, 2024
No continuing education course will be considered for
						continuing education credit more than once within the two-year cycle of
						renewal.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-3 - Home Inspection Continuing Education Courses › Section 197-3.18 - Registration period

Current through Register Vol. 46, No. 28, July 10, 2024
Each registration or renewal period for approved programs
						or courses shall be for 12 months or a part thereof, said period to commence on
						January 1st or date thereafter and to continue until December
						31st.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-4 - Code Of Ethics And Regulations For Home Inspectors › Section 197-4.1 - Fundamental rules

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Home
					 inspectors shall exhibit honesty and integrity in furtherance of the honor of
					 the home inspection profession. A home inspection has a direct and vital impact
					 on the quality of life for all home buyers. In performing home inspection
					 services, home inspectors shall adhere to the highest principles of ethical
					 conduct.
(b) This Code of Ethics
					 and regulations reflects the current ethical standards for home inspectors. It
					 is the department's intention that this document be a living document and that
					 changes and updates to this Code of Ethics and regulations be made as deemed
					 necessary by the department in consultation with the Home Inspection
					 Council.
(c) Home inspectors shall
					 fully adhere to and comply with the provisions of article 12-B of the Real
					 Property Law and all regulations promulgated thereunder including, but not
					 limited to, this Code of Ethics and regulations and the standards of
					 practice.
(d) Home inspectors shall
					 be required to cooperate with investigations by the Department of State. Each
					 applicant or licensee shall be obligated, on request of the Secretary of State,
					 to supply such information as may be required concerning his, her or its
					 business, business practices or business methods, or proposed business
					 practices or methods.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-4 - Code Of Ethics And Regulations For Home Inspectors › Section 197-4.2 - Written contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior
					 to performing a home inspection, home inspectors shall provide a client with a
					 written pre-inspection agreement that clearly and fully describes the scope of
					 service to be provided and the cost associated with that service. All said
					 contracts shall contain the following clauses which shall be printed in type
					 size of not less than six point:
"Home inspectors are licensed by the NYS Department of
						State. Home Inspectors may only report on readily accessible and observed
						conditions as outlined in this pre-inspection agreement, Article 12 B of the
						Real Property Law and the regulations promulgated thereunder including, but not
						limited to, the Code of Ethics and Regulations and the Standards of Practice as
						provided in Title 19 NYCRR Subparts 197-4 and 197-5 et seq. Home inspectors are
						not permitted to provide engineering or architectural services."; and
"If immediate threats to health or safety are observed
						during the course of the inspection, the client hereby consents to allow the
						home inspector to disclose such immediate threats to health or safety to the
						property owner and/or occupants of the property."
(b) Home inspectors shall discuss the scope
					 of the inspection with the client and only perform services which have been
					 duly authorized by the client.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-4 - Code Of Ethics And Regulations For Home Inspectors › Section 197-4.3 - Non-disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
Home inspectors shall not disclose to a third party the
						contents of a home inspection report or any observations, deductions, opinions
						that pertain to a home inspection report without the prior consent of the
						client or the client's representative.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-4 - Code Of Ethics And Regulations For Home Inspectors › Section 197-4.4 - Unlicensed and unlawful activity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Home inspectors shall not engage in,
					 knowingly permit or aid and abet, unlicensed or activity that is prohibited by
					 article 12-B of the Real Property Law or the regulations promulgated
					 thereunder.
(b) In the event that a
					 client insists upon a home inspector engaging in unlawful and/or unethical
					 conduct, the home inspector shall, after notice to the client that such conduct
					 is unlawful or unethical, be permitted to immediately withdraw from the
					 assignment or contract.
(c) Home
					 inspectors shall not determine property boundary lines or encroachments,
					 easements or any limitations of use of the property.
(d) Home inspectors shall not determine
					 compliance with regulations, codes, laws or ordinances.
(e) Home inspectors shall not determine the
					 market value of the property or its marketability.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-4 - Code Of Ethics And Regulations For Home Inspectors › Section 197-4.5 - Competence

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
					 provided in section
					 197-4.6 of this Subpart and
					 section 197- 5.2(c) of this Part, home inspectors shall conduct home
					 inspections in compliance with the standards of practice.
(b) Home inspectors shall not accept or
					 perform services in which the home inspector knows or has reason to know that
					 he or she is not competent to perform.
(c) Home inspectors shall not delegate
					 responsibility to another when the home inspector delegating such
					 responsibility knows or has reason to know that such person is not a duly
					 licensed home inspector and/or qualified by training and experience to perform
					 said task.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-4 - Code Of Ethics And Regulations For Home Inspectors › Section 197-4.6 - Written reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Home
					 inspectors shall provide a written report containing the results of a home
					 inspection.
(b) Home inspectors
					 shall not willfully make a false report or false or misleading statements in
					 the context of home inspection activities and/or a home inspection
					 report.
(c) The home inspection
					 report shall clearly identify the systems and components of the residential
					 building that were observed. If a home inspector is providing a home inspection
					 that does not meet the minimum requirements as set forth in the standards of
					 practice, the home inspection report must describe the scope of work, the
					 services provided, and the systems and components that were included in and
					 excluded from the inspection.