BILL NUMBER: AB 2228	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 15, 2016
	PASSED THE ASSEMBLY  MAY 12, 2016
	AMENDED IN ASSEMBLY  MAY 9, 2016
	AMENDED IN ASSEMBLY  MARCH 17, 2016

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, 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) The Legislature finds and declares all of the
following:
   (1) There is statewide interest in preventing homes,
neighborhoods, commercial properties, and public ways from
deteriorating and falling into disrepair creating blight conditions.
   (2) Blight adversely impacts community quality-of-life issues,
creates hazards and unsafe conditions that endanger the public,
causes citizen dissatisfaction, and leads to dangerous buildings,
increased crime, and reduced property values.
   (3) Setting the standards, minimum requirements, and ongoing
educational requirements for local code enforcement officers who
elect to attain the Certified Code Enforcement Officer title helps
local agencies identify, select, and train qualified public officers
to enforce laws and codes necessary to help preserve safe,
well-ordered communities.
   (4) Public officers who perform code enforcement functions require
a unique skill set that is not available through traditional
vocational offerings.
   (b) It is the intent of the Legislature in enacting this measure
to protect human safety, preserve property values, reduce crime, and
abate public nuisances by helping to regulate the standard of
training and certification for local code enforcement officers that
public agencies may rely on. The municipal code enforcement function
is sufficiently important to justify having a standard by public
authority, with the title Certified Code Enforcement Officer having a
legally defined meaning.
   (c) It is the intent of the Legislature that compliance with this
measure be voluntary and not to mandate local agencies or employers
to require their code enforcement officers to become certified. The
voluntary program created pursuant to this measure will ensure that
individuals who are Certified Code Enforcement Officers have met
prescribed education, training, and experience requirements and have
passed a comprehensive examination reflective of the demands
encountered in the code enforcement profession.
   (d) It is the intent of the Legislature to recognize the
California Association of Code Enforcement Officers professional
development and credentialing program by establishing a Certified
Code Enforcement Officer title to help local agencies define,
standardize, and regulate this important function.
  SEC. 2.  Chapter 20 (commencing with Section 26205) is added to
Division 20 of the Health and Safety Code, to read:
      CHAPTER 20.  CERTIFIED CODE ENFORCEMENT OFFICERS


   26205.  This chapter shall be known, and may be cited, as the Code
Enforcement Officer Standards Act.
   26206.  For purposes of this chapter, the following terms have the
following meanings:
   (a) "Board" means the duly elected Board of Directors of the
California Association of Code Enforcement Officers.
   (b) "CACEO" means the California Association of Code Enforcement
Officers, a public benefit corporation domiciled in California.
   (c) "Certified Code Enforcement Officer" or "CCEO" means a person
registered or certified as described in this chapter.
   (d) "Code enforcement officer" has the same meaning as defined in
Section 829.5 of the Penal Code.
   26207.  (a) The board shall develop and maintain standards for the
various classes of CCEOs that it designates. The standards for
education, training, and certification shall be adopted by
administrative rule of the board, and they shall be no less than as
described in this chapter. CCEOs shall not have the power of arrest
except as authorized by the city, county, or city and county charter,
code, or regulation in which they operate. CCEOs shall not have
access to summary criminal history information pursuant to this
section, but persons regularly employed by a city, county, or city
and county designated pursuant to this subdivision may be furnished
state summary criminal history information upon a showing of
compelling need pursuant to subdivision (c) of Section 11105 of the
Penal Code if the criteria specified in that section is otherwise
met. A person may not be designated or certified as a CCEO under this
section if that person is disqualified pursuant to the criteria set
forth in Section 1029 of the Government Code.
   (b) The board shall review all applications from cities, counties,
cities and counties, and accredited educational institutions who
seek to develop and provide education designed to qualify their
students, participants, or employees as CCEOs. All applications that
are submitted on approved forms that, subject to the board's review
and approval, demonstrate the equivalency of the standards adopted
under the rules of the board shall qualify as Certified Code
Enforcement Officer Education Program Providers (program providers).
All program providers are subject to ongoing program review and
evaluation under the board's administrative rules. A program provider
shall renew its program provider application and obtain approval
under the board's administrative rules no later than 36 months from
the date of the last approval or else it shall lapse and be subject
to renewal under the board's administrative rules. All students,
participants, or employees who successfully pass the minimum
education and certification requirements of the program providers
approved curriculum shall, subject to the same fees as other
registered CCEOs under the board's administrative rules, be granted
status as CCEOs in an equivalent manner as applicants who attained
certification or registration status through the CACEO educational
and certification programs and academies.
   (c) The development and perpetual advancement of code enforcement
officer professional standards and actively providing related
educational offerings that lead to increased professional competence
and ethical behavior shall be the highest priority for the board in
its licensing, certification, and disciplinary functions. Whenever
the advancement of code enforcement officer professional standards
and the provision of related educational offerings is inconsistent
with other interests sought to be promoted, the former shall be
paramount.
   26208.  The board's administrative rules shall designate minimum
training, qualifications, and experience requirements for applicants
to qualify for the CCEO designation, including, but not limited to,
training and competency requirements in the areas of land use and
zoning laws, health and safety codes, substandard housing abatement,
environmental regulations, sign standards, public nuisance laws,
applicable constitutional law, investigation and enforcement
techniques, application of remedies, officer safety, and community
engagement. The board may, by administrative rule, designate
additional classes of certifications to help meet its mission.
   26209.  The board shall conspicuously and continually publish its
list of CCEOs on the CACEO Internet Web site, containing the
registrant's full name, summary status as to individual disciplinary
concerns, active or inactive status, date of active CCEO expiration,
and business address, unless the business address is a residence,
which shall be treated as confidential.
   26210.  A CCEO shall hold a valid certificate designating the
person as a CCEO issued by the CACEO, shall at all times remain a
member in good standing of the CACEO, and shall be subject to ongoing
continuing education and registration requirements as designated by
the board's administrative rules.
   26211.  Failure to maintain the continuing education requirements
shall cause the certification status to lapse, subject to redemption
as specified by the board's administrative rules. Once a
certification lapses, the certification status shall automatically
convert to inactive CCEO status unless it is redeemed. The rights,
privileges, and procedures or limitations on redemption of inactive
CCEOs shall be specified in the board's administrative rules.
   26212.  The board shall annually set fees in amounts that are
reasonably related and necessary to cover the cost of administering
this chapter. The fees shall be set by the board and published on the
CACEO Internet Web site and maintained at the CACEO's headquarters.
   26213.  The board shall maintain a register of each application
for a certificate of registration under this chapter. The register
shall include all of the following:
   (a) The name, residence, date of birth, and driver's license
number (including state or country of origin) of the applicant.
   (b) The name and address of the employer or business of the
applicant.
   (c) The date of the application.
   (d) The education and experience qualifications of the applicant.
   (e) The action taken by the board regarding the application and
the date of the action.
   (f) The serial number of any certificate of registration issued to
an applicant.
   (g) Any other information required by board rule.
   26214.  A person may not hold himself or herself out to be a
Certified Code Enforcement Officer in this state or use the title
"Certified Code Enforcement Officer" in this state unless the person
holds a certificate of registration pursuant to this chapter.
   26215.  The board shall, by administrative rule, create a process
to timely consider and review all applicants who hold certification
from any other agency, and allow them to seek review and potential
approval of the qualifications to potentially be recognized as a CCEO
in this state. A denial of full recognition as a CCEO shall be
accompanied by written justification and a list of required steps
that may be required for the individual applicant to complete the
registration and certification process. Recognition fees shall be set
as described in Section 26212.
   26216.  (a) The board shall adopt administrative rules to process
information, investigate allegations or suspicions of applicants or
licensees providing false information, failing to disclose material
information on the registration application, or not providing any
information that may, either before or during the certification
process, disqualify the applicant or certificant under subdivision
(a) of Section 26207. The board shall adopt procedures and guidelines
to impose any discipline, revocation of certification, or sanction,
for cause, against any applicant, registrant, or certificant.
   (b) The administrative rules shall provide the applicant or
registrant with adequate and fair notice and hearing opportunities
prior to the board taking any adverse action against the applicant or
certificant.
   (c) Any factual finding after a hearing that the board concludes
is cause for revocation, suspension, or other disciplinary or
administrative action against a registration or certification shall
result in an order after hearing that meets the fair notification
requirements of this section.
   (d) All orders after hearing shall be deemed final under the board'
s authority and procedures and may be appealed as provided for in
Sections 1094.5 and 1094.6 of the Code of Civil Procedure.
   26217.  This chapter shall not be construed to duplicate, overlap,
or otherwise conflict with the certification and continuing
education requirements for construction inspectors, plans examiners,
and building officials established pursuant to Chapter 7 (commencing
with Section 18949.25) of Part 2.5 of Division 13.