BILL NUMBER: AB 717 CHAPTERED
BILL TEXT
CHAPTER 623
FILED WITH SECRETARY OF STATE OCTOBER 5, 1995
APPROVED BY GOVERNOR OCTOBER 4, 1995
PASSED THE ASSEMBLY SEPTEMBER 5, 1995
PASSED THE SENATE AUGUST 28, 1995
AMENDED IN SENATE AUGUST 22, 1995
AMENDED IN SENATE JULY 14, 1995
AMENDED IN SENATE JULY 10, 1995
AMENDED IN SENATE JUNE 20, 1995
AMENDED IN ASSEMBLY MAY 9, 1995
AMENDED IN ASSEMBLY MAY 1, 1995
AMENDED IN ASSEMBLY APRIL 24, 1995
AMENDED IN ASSEMBLY MARCH 27, 1995
INTRODUCED BY Assembly Members Ducheny and Hauser
(Coauthor: Senator Ayala)
FEBRUARY 21, 1995
An act to add Chapter 7 (commencing with Section 18965) to Part
2.5 of Division 13 of the Health and Safety Code, relating to
construction inspectors.
LEGISLATIVE COUNSEL'S DIGEST
AB 717, Ducheny. Construction inspectors, plans examiners, and
building officials: certification and training.
Existing law provides for the establishment and enforcement of
state building standards, as specified. Under existing law, these
provisions include oversight of matters relating to these standards
by state and local entities, including cities, counties, and the
State Building Standards Commission.
This bill would establish specific certification, training, and
continuing education requirements for construction inspectors, plans
examiners, and building officials, as defined, who are employed by a
local agency in a temporary or permanent capacity. The bill would
exempt from its training and certification requirements any person
currently and continuously employed by a local agency as a
construction inspector, plans examiner, or building official, for not
less than two years prior to the effective date of the bill, until
that person obtains new employment, as specified.
The bill would provide that it is not intended to prohibit any
local agency from prescribing additional criteria for the
certification of construction inspectors, plans examiners, or
building officials, and would set forth other powers and duties of
the local agency, including the power of the local agency to impose
fees to cover the cost of compliance with the bill's provisions. It
would further provide that its provisions shall not be construed to
alter licensure requirements, or the jurisdiction, authority, or
scope of practice, of architects, professional engineers, or land
surveyors.
By imposing new requirements on local agencies with respect to the
certification, training, and continuing education of these
individuals, the bill would create a state-mandated local program.
The bill would exempt registered professional engineers, licensed
land surveyors, and licensed architects who contract with a local
agency from the requirements of the bill, but would continue to make
the requirements of the bill applicable to professional engineers,
licensed land surveyors, and licensed architects employed by a local
agency. The bill would also exempt construction inspectors or plans
examiners employed by any city or county fire department or district
providing fire protection services from the requirements of the bill.
This bill would also set forth examples of actual costs that a
local agency could incur in compliance with the bill, and would
provide that fees to cover the costs of compliance shall reflect
these actual costs, as specified.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 7 (commencing with Section 18965) is added to
Part 2.5 of Division 13 of the Health and Safety Code, to read:
CHAPTER 7. CONSTRUCTION INSPECTORS, PLANS EXAMINERS, AND
BUILDING OFFICIALS
18965. For purposes of this article, "construction inspector"
means any person who is hired or contracted by a local agency in a
temporary or permanent capacity, for the purpose of inspecting
construction for structural, seismic safety, fire and life safety, or
building system requirements of adopted uniform codes or standards,
as applied to residential, commercial, or industrial buildings.
18966. For purposes of this article, "plans examiner" means any
person who is hired or contracted by a local agency in a temporary or
permanent capacity, for the purpose of performing construction plan
review for structural or seismic safety fire and life safety, or
building system requirements of adopted uniform codes or standards,
as applied to residential, commercial, or industrial buildings.
18967. For purposes of this article, "building official" means
the individual invested with the responsibility for overseeing local
code enforcement activities, including administration of the building
department, interpretation of code requirements, and direction of
the code adoption process.
18968. (a) All construction inspectors, plans examiners and
building officials who are not exempt from the requirements of this
article pursuant to subdivision (b), or previously certified, shall
complete one year of verifiable experience in the appropriate field,
and shall, within one year thereafter, obtain certification from a
recognized state, national, or international association, as
determined by the local agency. The area of certification shall be
closely related to the primary job function, as determined by the
local agency.
(b) Any person who is currently and has continuously been employed
as a construction inspector, plans examiner, or building official,
for not less than two years prior to the effective date of this
section shall be exempt from the certification provisions of this
section, unless and until that person obtains employment as a
construction inspector, plans examiner, or building official with a
different employer.
(c) Nothing in this article is intended to prohibit a local agency
from prescribing additional criteria for the certification of
construction inspectors, plans examiners, or building officials.
(d) Nothing in this chapter, as it relates to construction
inspectors, plans examiners, or building officials, shall be
construed to alter the requirements for licensure, or the
jurisdiction, authority, or scope of practice, of architects pursuant
to Chapter 3 (commencing with Section 5500) of Division 3 of the
Business and Professions Code, professional engineers pursuant to
Chapter 7 (commencing with Section 6700) of Division 3 of the
Business and Professions Code, or land surveyors pursuant to Chapter
15 (commencing with Section 8700) of Division 3 of the Business and
Professions Code.
18969. All construction inspectors, plans examiners and building
officials shall complete a minimum of 45 hours of continuing
education for every three-year period.
(a) Providers of continuing education may include any
organizations affiliated with the code enforcement profession,
community colleges, or other providers of similar quality, as
determined by the local agency.
(b) For purposes of this section, "continuing education" is
defined as that education relating to the enforcement of Title 24 of
the California Code of Regulations, and any other locally enforced
building and construction standards, including, but not limited to,
the model uniform codes adopted by the state. When a local agency
selects a model code organization as a provider of continuing
education or certification programs regarding the enforcement of a
model code adopted by the state, the local agency shall give
preference to the organization responsible for promulgating or
drafting that model code.
18970. This chapter shall not apply to a registered professional
engineer, licensed land surveyor, or licensed architect rendering
construction inspection services, plan examination services, or
building official services, within the scope of his or her
registration or licensure, except that this chapter shall apply to a
registered professional engineer, licensed land surveyor, or licensed
architect who is an employee of a local agency. This chapter shall
not apply to a construction inspector or plans examiner employed by
any city or county fire department or district providing fire
protection services.
18971. The local agency shall bear the costs of certification,
certification renewal, and continuing education, as mandated by this
article. The local agency may impose fees, including, but not
limited to, fees for construction inspection and plan checks, which
may be used to cover the costs of compliance with this article. A
local agency's actual costs of compliance with this article may
include, but are not limited to, training and certification courses,
certification exam and renewal fees, employee salary during training
and certification courses, and mileage and other reimbursable costs
incurred by the employee. The fees imposed to cover the costs of
compliance with this article shall reflect these actual costs, and
are not limited by Chapter 5 of Division 1 of Title 7.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.