LEGAL ASPECTS OF CODE
ADMINISTRATION QUESTIONS &
ANSWERS
Liability - ANSWERLegal obligation to perform some act.
Why is it crucial that building officials learn to cope with public scutiny that results from
lwgally defending their activities? - ANSWERLawsuits 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? - ANSWERThe law differs from state to
state and municipality to municpality.
Historical cycle of building code adoption. - ANSWER1-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. - ANSWER1-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 - ANSWERLiiterally,"beyond the powers." An entity has acted beyond the
scope of its power.
null and void - ANSWERHaving no legal force of binding effect.
Dillon's Rule
States that a municipal corporation has only those powers which are. - ANSWER1-
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 - ANSWERResults 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 - ANSWERA law enacted by state or federal legislatures.
What are the 3 major forms of local government? - ANSWER1-county
, 2-municipality
3-home rule municipality
Not fully protected by sovereign immunity - ANSWERMunicipal Government
Created by charter - ANSWERMunicipal Government
Protected by sovereign immunity. - ANSWERCounty Government
May act in areas without specific authorization from the state. - ANSWERHome Rule
Government
Viewed as a corporation established for the public good. - ANSWERMunicipal
Government
often adopted in public referendum. - ANSWERMunicipal Government
An arm of the state. - ANSWERCounty Government
Components of Dillon's Rule. - 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. -
ANSWERexpressed power
Acertificate of occupancy is issued by a local building department even though it is not
soecifically authorized by state legislation to do this. - ANSWERimplied power
A municipality has the inherent authority tp adopt a model building code -
ANSWERessential 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 - ANSWERultra
vires action
How can local governments ensure that state courts will uphold municipal acts? -
ANSWEREnact state enabling legislation proip to adopting municipal lefislation.
Why is home rule generally an advantage to municipalities and, therefore, to building
code enactment? - ANSWERAlways bars states interference in purely local affairs.
True or False?
A home rule charter is constitutionally derived from an authorization in a state's
constitution. - ANSWERTrue
ADMINISTRATION QUESTIONS &
ANSWERS
Liability - ANSWERLegal obligation to perform some act.
Why is it crucial that building officials learn to cope with public scutiny that results from
lwgally defending their activities? - ANSWERLawsuits 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? - ANSWERThe law differs from state to
state and municipality to municpality.
Historical cycle of building code adoption. - ANSWER1-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. - ANSWER1-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 - ANSWERLiiterally,"beyond the powers." An entity has acted beyond the
scope of its power.
null and void - ANSWERHaving no legal force of binding effect.
Dillon's Rule
States that a municipal corporation has only those powers which are. - ANSWER1-
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 - ANSWERResults 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 - ANSWERA law enacted by state or federal legislatures.
What are the 3 major forms of local government? - ANSWER1-county
, 2-municipality
3-home rule municipality
Not fully protected by sovereign immunity - ANSWERMunicipal Government
Created by charter - ANSWERMunicipal Government
Protected by sovereign immunity. - ANSWERCounty Government
May act in areas without specific authorization from the state. - ANSWERHome Rule
Government
Viewed as a corporation established for the public good. - ANSWERMunicipal
Government
often adopted in public referendum. - ANSWERMunicipal Government
An arm of the state. - ANSWERCounty Government
Components of Dillon's Rule. - 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. -
ANSWERexpressed power
Acertificate of occupancy is issued by a local building department even though it is not
soecifically authorized by state legislation to do this. - ANSWERimplied power
A municipality has the inherent authority tp adopt a model building code -
ANSWERessential 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 - ANSWERultra
vires action
How can local governments ensure that state courts will uphold municipal acts? -
ANSWEREnact state enabling legislation proip to adopting municipal lefislation.
Why is home rule generally an advantage to municipalities and, therefore, to building
code enactment? - ANSWERAlways bars states interference in purely local affairs.
True or False?
A home rule charter is constitutionally derived from an authorization in a state's
constitution. - ANSWERTrue
