CHAPTER 100
Subchapter E Miscellaneous Provisions
§ 105-03 Department-Approved Courses.
(a) Scope. This section outlines the requirements for Department-approved courses required by the
Administrative Code and Department rules for training, license qualification and licensee continuing education.
Unless otherwise authorized under the Administrative Code or Department rules, only Department-approved courses
may be offered to fulfill Department course requirements.
(b) Course Provider Application Process.
(1) The course provider applicant must submit:
(i) an application form provided by the Department; and
(ii) proof that the applicant has met the requirements of paragraph (2) of subdivision (d) of
this section. Prior to the date provided in that paragraph, an applicant that does not meet
the requirements of that paragraph must submit upon application all documentation
necessary for the department to determine whether the course would meet all the
requirements of this section.
(2) A listing of the providers of the approved courses will be available through the Department’s
website. Incomplete or inaccurate applications will be rejected.
(c) Approved Courses.
(1) Course Requirements.
(i) All courses must comply with the Department’s course curricula published on its website,
which lists the relevant citations for statutory or other requirements listed in this
paragraph.
(ii) No more than four (4) hours of any curriculum may consist of course materials or credits
to be applied to multiple license types.
Exception: Subparagraph (ii) does not apply to course curricula for Master and Special
Electrician, Master Plumber and Master Fire Suppression Piping Contractor.
(iii) All curricula must include the following information as applicable to the relevant
construction trade:
(A) Business practices;
(B) Relevant building code provisions, rules, and policy and procedure notices
enacted or promulgated by the Department;
(C) Administrative code provisions, rules and policy and procedure notices enacted
or promulgated by any other city agency;
(D) Overview of Occupational Safety and Health Standards (“OSHS”) for the
Construction Industry;
(E) Relevant Department of Buildings filing and inspection requirements;
(F) Safety/hazardous materials;
(G) New technology;
(H) Corruption prevention standards; and
(I) Other subjects identified by the Commissioner.
(iv) All courses must reflect any changes in the Department’s published course curricula or
any applicable laws, rules and regulations within ninety (90) days.
(2) Notification of Approved Courses.
(i) The course provider must have a website and must publish course schedules on its
website, including dates, times, and locations, and otherwise make all course schedules
available in writing to the Department upon request. The course provider must also
notify the Department of a scheduled course at least three (3) business days prior to it
being offered. All information on the course provider’s website, including the location of
courses and the courses taught, must be current.
(ii) The course provider must notify the Department of any changes to the course within
fourteen (14) days of such change.
(3) Course Review. At the end of each course, the instructor(s) must conduct a review of the
materials taught. The Department may require that a hands-on or written performance evaluation
be given to attendees.
(4) Course Instructor(s). Course providers must require that the course instructor(s) demonstrate that
he or she is credentialed or trained in instructional methods and learning processes. The
instructor(s) must also successfully demonstrate to the course provider his or her ability to solve or
resolve problems relating to the subject matter by possession of a recognized degree, certificate,
licensure or professional standing, or by extensive knowledge, training, and experience, in the
subject matter being taught. To the extent that the course instructor(s) holds, or has held, a trade
license issued by the Department, it must be in good standing and not be surrendered to,
suspended by or revoked by the Department.
(i) For Supported Scaffold, Suspended Scaffold and Mast-Climber training courses, the
instructor(s) must also be authorized by the Occupational Safety and Health
Administration (“OSHA”) as a trainer(s) for its Construction and Outreach Program.
(ii) For Hoist Machine Operator courses, the instructor(s) must also hold a valid New York
City Hoist Machine Operator’s license or hold a national certification for crane operation.
(iii) For Master and Special Electrician courses, the instructor(s) must demonstrate credentials
or training in instructional methods and learning processes through licensure or
certification, including but not limited to, certification as an electrical course provider in
jurisdictions following the National Electrical Code/NFPA 70.
(5) Course Facilities. The course facilities must:
(i) Have sufficient room to accommodate all expected attendees and the equipment needed
to perform hands-on exercises where required as part of the course;
(ii) Make provisions for the presentation of training material in all media types (computer,
projectors, video/DVD players, etc); and
(iii) Comply with all applicable laws, rules and regulations relating to occupancy, zoning,
egress, fire detection, fire suppression, light, ventilation, cleanliness, sanitary facilities,
emergency notification and evacuation procedures.
(6) Attendance Record. The course provider must have in place fraud- resistant procedures for
confirming the identity and attendance of individuals taking any course(s), including logs
reflecting those in attendance at different times during the course, and be able to produce the logs
and any other documentation demonstrating that an attendee attended the course(s).
(7) Course Completion.
(i) For training courses, the course provider must issue a wallet-size identification card to
attendees upon course completion. Such card must contain the following information:
(A) The name of the person to whom it was issued;
(B) A photograph of the person to whom it was issued;
(C) The name and address of the issuing organization;
(D) The date of issuance;
(E) An indication of the type of training and the number of credit hours completed;
and
(F) The signature of the course administrator.
(ii) For qualification and continuing education courses, the course provider must issue a
certificate of completion to the attendees upon course completion. Such certificate must
contain the following information:
(A) The name of the person to whom it was issued;
(B) The name and address of the issuing organization;
(C) The date of issuance;
(D) An indication of the type of course and the number of credit hours completed;
and
(E) The signature of the course administrator.
(iii) The course provider must maintain a record of all the names of course attendees and the
course they completed for a period of seven (7) years from the date of completion. The
course provider must make these records available to the Department upon request.
(8) Department Observation and Evaluation. The Department may observe any Department-approved
course without prior notification to the course provider. The Department may evaluate courses
taught by course providers through audit or other means at such intervals as it deems necessary
and may require additional information as it deems necessary.
(d) Course Provider Requirements
(1) The course provider must be a sole proprietorship, a corporate officer of a course provider
corporation, a partner of a course provider partnership, an educational institution, a governmental
agency or authority, a trade union, or a trade association, provided that a governmental agency or
authority need not comply with paragraph (2) of this subdivision.
(2) Beginning on August 31, 2014, the course provider must provide proof that it is:
(i) approved by the New York State Department of Education, such as through a registered
New York State Department of Labor vocational, trade or apprenticeship program;
(ii) licensed as an educational institution by the New York State Department of Education;
(iii) accredited by an accrediting organization recognized by the United States Department of
Education or the Council for Higher Education Accreditation; or
(iv) certified by an organization accredited by the American National Standards Institute
(ANSI) as a Standards Developing Organization with published standards for continuing
education and training.
Upon a determination of good cause, including but not limited to the absence of approved courses
needed to meet a Department requirement, the Commissioner may extend the time to meet the
requirements of this paragraph beyond August 31, 2014.
For alternative Mast-Climbing work platform training course provider requirements to those listed
in (d)(2), herein, see section 3314-01(m).
(3) Course providers must continuously maintain the qualifications required by paragraphs (1) and (2)
of this subdivision and must provide a copy of such approval, license, accreditation or certification
to the Department upon request. The course provider must immediately notify the Department of
any lapse or expiration of its approval, license, accreditation or certification.
(4) The individual course provider, the principals or partners of the course provider corporation or
partnership and all course instructors must comply with all applicable Federal, State and local
laws, rules and regulations.
(5) The course provider must notify the Department of any changes to the course provider’s name
within fourteen (14) days of such change.
(e) Suspension and Revocation of Approval
(1) Following notice and an opportunity to be heard, the Department may suspend or revoke approval
of a course provider’s courses based on the failure to comply with a Department requirement.
However, when the public safety may be imminently jeopardized, the Commissioner may,
pending an opportunity to be heard and Department determination, suspend approval for a period
not exceeding thirty (30) days.
(2) The basis for the suspension or revocation of a course approval may form the basis for the
suspension or revocation of any or all of that course provider’s approved courses.
(3) The Department will post on its website that the approval of a course has been suspended or
revoked.
(f) Notwithstanding the forgoing, the Department may act as a provider, or the sole provider, of any course to
fulfill a Department course requirement. A listing of available Department courses will be posted on the
Department’s website.
