Legal Aspects of Code Administration
UPDATED Exam Questions and CORRECT
Answers
Liability - CORRECT ANSWER - 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? - CORRECT ANSWER - 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? - CORRECT ANSWER - The law differs from state to
state and municipality to municpality.
Historical cycle of building code adoption. - CORRECT ANSWER - 1-Ignorance &
freewheeling construction.
2-Degeneration of construction tecniques & population increase.
3-Disaster strikes
4-Adoption & promulgation of building codes.
Name 3 early tragedies caused by freewheeling construction. - CORRECT ANSWER - 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 - CORRECT ANSWER - Liiterally,"beyond the powers." An entity has acted
beyond the scope of its power.
null and void - CORRECT ANSWER - Having no legal force of binding effect.
,Dillon's Rule
States that a municipal corporation has only those powers which are. - CORRECT
ANSWER - 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 - CORRECT ANSWER - 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 - CORRECT ANSWER - A law enacted by state or federal legislatures.
What are the 3 major forms of local government? - CORRECT ANSWER - 1-county
2-municipality
3-home rule municipality
Not fully protected by sovereign immunity - CORRECT ANSWER - Municipal
Government
Created by charter - CORRECT ANSWER - Municipal Government
Protected by sovereign immunity. - CORRECT ANSWER - County Government
May act in areas without specific authorization from the state. - CORRECT ANSWER -
Home Rule Government
Viewed as a corporation established for the public good. - CORRECT ANSWER -
Municipal Government
, often adopted in public referendum. - CORRECT ANSWER - Municipal Government
An arm of the state. - CORRECT ANSWER - County Government
Components of Dillon's Rule. - CORRECT ANSWER - (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. - CORRECT
ANSWER - expressed power
Acertificate of occupancy is issued by a local building department even though it is not
specifically authorized by state legislation to do this. - CORRECT ANSWER - implied
power
A municipality has the inherent authority to adopt a model building code - CORRECT
ANSWER - essential and indispensable power
A municipality attempts to adopt a building code in the absence of enabling legislation. The
court says adoption is not one of the municipality's implied power - CORRECT
ANSWER - ultra vires action
How can local governments ensure that state courts will uphold municipal acts? - CORRECT
ANSWER - Enact state enabling legislation prior to adopting municipal legislation.
Why is home rule generally an advantage to municipalities and, therefore, to building code
enactment? - CORRECT ANSWER - Always bars states interference in purely local
affairs.
True or False?
UPDATED Exam Questions and CORRECT
Answers
Liability - CORRECT ANSWER - 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? - CORRECT ANSWER - 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? - CORRECT ANSWER - The law differs from state to
state and municipality to municpality.
Historical cycle of building code adoption. - CORRECT ANSWER - 1-Ignorance &
freewheeling construction.
2-Degeneration of construction tecniques & population increase.
3-Disaster strikes
4-Adoption & promulgation of building codes.
Name 3 early tragedies caused by freewheeling construction. - CORRECT ANSWER - 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 - CORRECT ANSWER - Liiterally,"beyond the powers." An entity has acted
beyond the scope of its power.
null and void - CORRECT ANSWER - Having no legal force of binding effect.
,Dillon's Rule
States that a municipal corporation has only those powers which are. - CORRECT
ANSWER - 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 - CORRECT ANSWER - 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 - CORRECT ANSWER - A law enacted by state or federal legislatures.
What are the 3 major forms of local government? - CORRECT ANSWER - 1-county
2-municipality
3-home rule municipality
Not fully protected by sovereign immunity - CORRECT ANSWER - Municipal
Government
Created by charter - CORRECT ANSWER - Municipal Government
Protected by sovereign immunity. - CORRECT ANSWER - County Government
May act in areas without specific authorization from the state. - CORRECT ANSWER -
Home Rule Government
Viewed as a corporation established for the public good. - CORRECT ANSWER -
Municipal Government
, often adopted in public referendum. - CORRECT ANSWER - Municipal Government
An arm of the state. - CORRECT ANSWER - County Government
Components of Dillon's Rule. - CORRECT ANSWER - (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. - CORRECT
ANSWER - expressed power
Acertificate of occupancy is issued by a local building department even though it is not
specifically authorized by state legislation to do this. - CORRECT ANSWER - implied
power
A municipality has the inherent authority to adopt a model building code - CORRECT
ANSWER - essential and indispensable power
A municipality attempts to adopt a building code in the absence of enabling legislation. The
court says adoption is not one of the municipality's implied power - CORRECT
ANSWER - ultra vires action
How can local governments ensure that state courts will uphold municipal acts? - CORRECT
ANSWER - Enact state enabling legislation prior to adopting municipal legislation.
Why is home rule generally an advantage to municipalities and, therefore, to building code
enactment? - CORRECT ANSWER - Always bars states interference in purely local
affairs.
True or False?
