Amended in Assembly May 9, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2228


Introduced by Assembly Member Cooley

February 18, 2016


An act to add Chapter 20 (commencing with Section 26205) to Division 20 of the Health and Safety Code, relating to code enforcement officers.

LEGISLATIVE COUNSEL’S DIGEST

AB 2228, as amended, Cooley. Code enforcement officers.

Existing law defines the term “code enforcement officer” as a person who is not a peace officer, who has enforcement authority for health, safety, and welfare requirements, and who is authorized to issue citations or file formal complaints, as specified.

This bill would require the Board of Directors of the California Association of Code Enforcement Officers (CACEO) to develop and maintain standards for the designation of Certified Code Enforcement Officers or CCEOs. The bill would require the board to designate minimum training, qualifications, and experience requirements for applicants to qualify for the CCEO designation. The bill would also require the board to qualify cities, counties, cities and counties, and accredited educational institutions as Certified Code Enforcement Officer Education Program Providers, and would require all students, participants, or employees who successfully pass the minimum education and certification requirements to be granted CCEO status in an equivalent manner as applicants who attain certification through the CACEO.

The bill would require the board to set annual fees in amounts that are reasonably related and necessary to cover the costs of administering these provisions, to maintain a register of applications for certification, and adopt procedures for discipline, revocation, and sanctions against applicants, registrants, and certificants. The bill would allow all orders of the board resulting in revocation, suspension, or other action to be appealed by a writ of mandate or petition for judicial review to the superior court.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

(a) The Legislature finds and declares all of the
2following:

3(1) There is statewide interest in preventing homes,
4neighborhoods, commercial properties, and public ways from
5deteriorating and falling into disrepair creating blight conditions.

6(2) Blight adversely impacts community quality-of-life issues,
7creates hazards and unsafe conditions that endanger the public,
8causes citizen dissatisfaction, and leads to dangerous buildings,
9increased crime, and reduced property values.

10(3) Setting the standards, minimum requirements, and ongoing
11educational requirements for local code enforcement officers who
12elect to attain the Certified Code Enforcement Officer title helps
13local agencies identify, select, and train qualified public officers
14to enforce laws and codes necessary to help preserve safe,
15well-ordered communities.

16(4) Public officers who perform code enforcement functions
17require a unique skill set that is not available through traditional
18vocational offerings.

19(b) It is the intent of the Legislature in enacting this measure to
20protect human safety, preserve property values, reduce crime, and
21abate public nuisances by helping to regulate the standard of
22training and certification for local code enforcement officers that
23public agencies may rely on. The municipal code enforcement
24function is sufficiently important to justify having a standard by
P3    1public authority, with the title Certified Code Enforcement Officer
2having a legally defined meaning.

3(c) It is the intent of the Legislature that compliance with this
4measure be voluntary and not to mandate local agencies or
5employers to require their code enforcement officers to become
6certified. The voluntary program created pursuant to this measure
7will ensure that individuals who are Certified Code Enforcement
8Officers have met prescribed education, training, and experience
9requirements and have passed a comprehensive examination
10reflective of the demands encountered in the code enforcement
11profession.

12(d) It is the intent of the Legislature to recognize the California
13Association of Code Enforcement Officers professional
14development and credentialing program by establishing a Certified
15Code Enforcement Officer title to help local agencies define,
16standardize, and regulate this important function.

17

SEC. 2.  

Chapter 20 (commencing with Section 26205) is added
18to Division 20 of the Health and Safety Code, to read:

19 

20Chapter  20. Certified Code Enforcement Officers
21

 

22

26205.  

This chapter shall be known, and may be cited, as the
23Code Enforcement Officer Standards Act.

24

26206.  

For purposes of this chapter, the following terms have
25the following meanings:

26(a) “Board” means the duly elected Board of Directors of the
27California Association of Code Enforcement Officers.

28(b) “CACEO” means the California Association of Code
29Enforcement Officers, a public benefit corporation domiciled in
30California.

31(c) “Certified Code Enforcement Officer” or “CCEO” means a
32person registered or certified as described in this chapter.

33(d) “Code enforcement officer” has the same meaning as defined
34in Section 829.5 of the Penal Code.

35

26207.  

(a) The board shall develop and maintain standards
36for the various classes of CCEOs that it designates. The standards
37for education, training, and certification shall be adopted by
38administrative rule of the board, and they shall be no less than as
39described in this chapter. CCEOs shall not have the power of arrest
40except as authorized by the city, county, or city and county charter,
P4    1code, or regulation in which they operate. CCEOs shall not have
2access to summary criminal history information pursuant to this
3section, but persons regularly employed by a city, county, or city
4and county designated pursuant to this subdivision may be
5furnished state summary criminal history information upon a
6showing of compelling need pursuant to subdivision (c) of Section
711105 of the Penal Code if the criteria specified in that section is
8otherwise met. A person may not be designated or certified as a
9CCEO under this section if that person is disqualified pursuant to
10the criteria set forth in Section 1029 of the Government Code.

11(b) The board shall review all applications from cities, counties,
12cities and counties, and accredited educational institutions who
13seek to develop and provide education designed to qualify their
14students, participants, or employees as CCEOs. All applications
15that are submitted on approved forms that, subject to the board’s
16review and approval, demonstrate the equivalency of the standards
17adopted under the rules of the board shall qualify as Certified Code
18Enforcement Officer Education Program Providers (program
19providers). All program providers are subject to ongoing program
20review and evaluation under the board’s administrative rules. A
21program provider shall renew its program provider application and
22obtain approval under the board’s administrative rules no later
23than 36 months from the date of the last approval or else it shall
24lapse and be subject to renewal under the board’s administrative
25rules. All students, participants, or employees who successfully
26pass the minimum education and certification requirements of the
27program providers approved curriculum shall, subject to the same
28fees as other registered CCEOs under the board’s administrative
29rules, be granted status as CCEOs in an equivalent manner as
30applicants who attained certification or registration status through
31the CACEO educational and certification programs and academies.

32(c) The development and perpetual advancement of code
33enforcement officer professional standards and actively providing
34related educational offerings that lead to increased professional
35competence and ethical behavior shall be the highest priority for
36the board in its licensing, certification, and disciplinary functions.
37Whenever the advancement of code enforcement officer
38professional standards and the provision of related educational
39offerings is inconsistent with other interests sought to be promoted,
40the former shall be paramount.

P5    1

26208.  

The board’s administrative rules shall designate
2minimum training, qualifications, and experience requirements
3for applicants to qualify for the CCEO designation, including, but
4not limited to, training and competency requirements in the areas
5of land use and zoning laws, health andbegin delete housing codes, building
6and fire codes,end delete
begin insert safety codes, substandard housing abatement,end insert
7 environmental regulations, sign standards, public nuisance laws,
8applicable constitutional law, investigation and enforcement
9techniques, application of remedies, officer safety, and community
10engagement. The board may, by administrative rule, designate
11additional classes of certifications to help meet its mission.

12

26209.  

The board shall conspicuously and continually publish
13its list of CCEOs on the CACEO Internet Web site, containing the
14registrant’s full name, summary status as to individual disciplinary
15concerns, active or inactive status, date of active CCEO expiration,
16and business address, unless the business address is a residence,
17which shall be treated as confidential.

18

26210.  

A CCEO shall hold a valid certificate designating the
19person as a CCEO issued by the CACEO, shall at all times remain
20a member in good standing of the CACEO, and shall be subject
21to ongoing continuing education and registration requirements as
22designated by the board’s administrative rules.

23

26211.  

Failure to maintain the continuing education
24requirements shall cause the certification status to lapse, subject
25to redemption as specified by the board’s administrative rules.
26Once a certification lapses, the certification status shall
27automatically convert to inactive CCEO status unless it is
28redeemed. The rights, privileges, and procedures or limitations on
29redemption of inactive CCEOs shall be specified in the board’s
30administrative rules.

31

26212.  

The board shall annually set fees in amounts that are
32reasonably related and necessary to cover the cost of administering
33this chapter. The fees shall be set by the board and published on
34the CACEO Internet Web site and maintained at the CACEO’s
35headquarters.

36

26213.  

The board shall maintain a register of each application
37for a certificate of registration under this chapter. The register shall
38include all of the following:

39(a) The name, residence, date of birth, and driver’s license
40number (including state or country of origin) of the applicant.

P6    1(b) The name and address of the employer or business of the
2applicant.

3(c) The date of the application.

4(d) The education and experience qualifications of the applicant.

5(e) The action taken by the board regarding the application and
6the date of the action.

7(f) The serial number of any certificate of registration issued to
8an applicant.

9(g) Any other information required by board rule.

10

26214.  

A person may not hold himself or herself out to be a
11Certified Code Enforcement Officer in this state or use the title
12“Certified Code Enforcement Officer” in this state unless the
13person holds a certificate of registration pursuant to this chapter.

14

26215.  

The board shall, by administrative rule, create a process
15to timely consider and review all applicants who hold certification
16from any other agency, and allow them to seek review and potential
17approval of the qualifications to potentially be recognized as a
18CCEO in this state. A denial of full recognition as a CCEO shall
19be accompanied by written justification and a list of required steps
20that may be required for the individual applicant to complete the
21registration and certification process. Recognition fees shall be set
22as described in Section 26212.

23

26216.  

(a) The board shall adopt administrative rules to process
24information, investigate allegations or suspicions of applicants or
25licensees providing false information, failing to disclose material
26information on the registration application, or not providing any
27information that may, either before or during the certification
28process, disqualify the applicant or certificant under subdivision
29(a) of Section 26207. The board shall adopt procedures and
30guidelines to impose any discipline, revocation of certification, or
31sanction, for cause, against any applicant, registrant, or certificant.

32(b) The administrative rules shall provide the applicant or
33registrant with adequate and fair notice and hearing opportunities
34prior to the board taking any adverse action against the applicant
35or certificant.

36(c) Any factual finding after a hearing that the board concludes
37is cause for revocation, suspension, or other disciplinary or
38administrative action against a registration or certification shall
39result in an order after hearing that meets the fair notification
40requirements of this section.

P7    1(d) All orders after hearing shall be deemed final under the
2board’s authority and procedures and may be appealed as provided
3for in Sections 1094.5 and 1094.6 of the Code of Civil Procedure.

begin delete
4

26217.  

This chapter does not interfere with regulation or
5certification requirements for building inspectors as defined by
6Chapter 7 (commencing with Section 18949.25) of Part 2.5 of
7Division 13.

end delete
begin insert
8

begin insert26217.end insert  

This chapter shall not be construed to duplicate,
9overlap, or otherwise conflict with the certification and continuing
10education requirements for construction inspectors, plans
11examiners, and building officials established pursuant to Chapter
127 (commencing with Section 18949.25) of Part 2.5 of Division 13.

end insert


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