Legal Aspects of Code Administration exam
Questions and Answers| Updated
Liability
Legal obligation to perform some act.
Why is it crucial that building officials learn to cope with public scrutiny that
results from legally defending their activities?
Lawsuits continue to be brought against building officials.
Why should a attorney from your state with expertise in municipal law be
consulted concerning the law relating to building codes?
The law differs from state to state and municipality to municipality.
Historical cycle of building code adoption.
1-Ignorance & freewheeling construction.
2-Degeneration of construction techniques & population increase.
3-Disaster strikes
4-Adoption & promulgation of building codes.
,Name 3 early tragedies caused by freewheeling construction.
1-Collapse of a Roman amphitheater in 27 A.D.
2- Citywide fires in London in 1212 & 1666.
3- The Chicago fire of 1871.
ultra vires
Literally, “beyond the powers." An entity has acted beyond the scope of its power.
null and void
Having no legal force of binding effect.
Dillon's Rule
States that a municipal corporation has only those powers which are.
1-expressly granted to it by charter or other state legislation.
2- implied or necessarily incident to the express power.
3- essential and indispensable to the declared objects and purposes of the
corporation.
home rule
Results in the apportioning of power between state and local governments by
providing local cities and towns with a certain amount of self-government in
return for accepting certain terms of state law.
statue
,A law enacted by state or federal legislatures.
What are the 3 major forms of local government?
1-county
2-municipality
3-home rule municipality
Not fully protected by sovereign immunity
Municipal Government
Created by charter
Municipal Government
Protected by sovereign immunity.
County Government
May act in areas without specific authorization from the state.
Home Rule Government
Viewed as a corporation established for the public good.
Municipal Government
often adopted in public referendum.
, Municipal Government
An arm of the state.
County Government
Components of Dillon's Rule.
(a) Expressly granted to it by charter or other state legislation.
(b) Implied or incident to the expressed power.
(c) Essential and indispensable to the declared purpose of the corporation.
A New Jersey Statute requires all localities to adopt a building code.
expressed power
A certificate of occupancy is issued by a local building department even though
it is not specifically authorized by state legislation to do this.
implied power
A municipality has the inherent authority tp adopt a model building code
essential and indispensable power
A municipality attempts to adopt a building code in the absence if enabling
legislation. The court says adoption is not one of the municipality's implied
power
ultra vires action
Questions and Answers| Updated
Liability
Legal obligation to perform some act.
Why is it crucial that building officials learn to cope with public scrutiny that
results from legally defending their activities?
Lawsuits continue to be brought against building officials.
Why should a attorney from your state with expertise in municipal law be
consulted concerning the law relating to building codes?
The law differs from state to state and municipality to municipality.
Historical cycle of building code adoption.
1-Ignorance & freewheeling construction.
2-Degeneration of construction techniques & population increase.
3-Disaster strikes
4-Adoption & promulgation of building codes.
,Name 3 early tragedies caused by freewheeling construction.
1-Collapse of a Roman amphitheater in 27 A.D.
2- Citywide fires in London in 1212 & 1666.
3- The Chicago fire of 1871.
ultra vires
Literally, “beyond the powers." An entity has acted beyond the scope of its power.
null and void
Having no legal force of binding effect.
Dillon's Rule
States that a municipal corporation has only those powers which are.
1-expressly granted to it by charter or other state legislation.
2- implied or necessarily incident to the express power.
3- essential and indispensable to the declared objects and purposes of the
corporation.
home rule
Results in the apportioning of power between state and local governments by
providing local cities and towns with a certain amount of self-government in
return for accepting certain terms of state law.
statue
,A law enacted by state or federal legislatures.
What are the 3 major forms of local government?
1-county
2-municipality
3-home rule municipality
Not fully protected by sovereign immunity
Municipal Government
Created by charter
Municipal Government
Protected by sovereign immunity.
County Government
May act in areas without specific authorization from the state.
Home Rule Government
Viewed as a corporation established for the public good.
Municipal Government
often adopted in public referendum.
, Municipal Government
An arm of the state.
County Government
Components of Dillon's Rule.
(a) Expressly granted to it by charter or other state legislation.
(b) Implied or incident to the expressed power.
(c) Essential and indispensable to the declared purpose of the corporation.
A New Jersey Statute requires all localities to adopt a building code.
expressed power
A certificate of occupancy is issued by a local building department even though
it is not specifically authorized by state legislation to do this.
implied power
A municipality has the inherent authority tp adopt a model building code
essential and indispensable power
A municipality attempts to adopt a building code in the absence if enabling
legislation. The court says adoption is not one of the municipality's implied
power
ultra vires action
