2024 Legal Module – Practice Quiz (Untimed)

1. Where an emergency exists and work must be stopped, what administrative action is the building official not required to perform prior to issuing the stop work order?

2. What is the legal term for an out-of-court statement introduced in court for the truth of the matter asserted, which is generally inadmissible unless it qualifies as an exception (e.g., an admission by a party)?

3. In a comprehensive assessment of departmental needs, running out of space for paper property records indicates a potential problem that could be addressed by new technology related to:

4. What is the most effective administrative tool to protect the building department from challenges of discriminatory enforcement?

5. When local governments enact code amendments requiring a minimum percentage of masonry for exterior finish material, this regulation is often primarily concerned with:

6. Under the Consumer Product Safety Act (CPSA), if a local building code contains a safety standard regarding a product design that is also covered by a properly enacted federal safety rule, what happens to the local provision?

7. How much money did the 2019 report, Natural Hazard Mitigation Saves, find was ultimately saved per dollar invested in public-sector mitigation since 1995?

8. Which area of a property is generally considered to be open curtilage, where building officials may lawfully enter on legitimate business without probable cause?

9. When the building official has obtained a proper inspection warrant, what action is the owner or occupant prohibited from doing?

10. Which mandatory component of an inspectional form must be written in a manner that facilitates clerical and administrative use?

11. What is the primary message conveyed to subordinates when a department director accepts responsibility for a mistake made by a staff member?

12. If a building official is found liable for Trespass, the official is liable for virtually all consequences of the trespass, regardless of how unpredictable they may be, even if the official acted in what manner?

13. What is the test to determine whether someone is acting under color of state law?

14. Under the IBC, retaining walls are exempt from permit requirements if they do not exceed what maximum height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge?

15. For a successful malicious prosecution defense, the building official must demonstrate that the plaintiff failed to carry at least one of the four required elements, or that the official’s actions were protected by which legal concept?

16. What federal organization provides information regarding federally mandated treatment of issues relative to municipal management, including in the area of anti-discrimination?

17. What type of official record must be maintained in writing and retained in the department files by the building official, as required by the IBC?

18. What legal requirement must be satisfied before a code official can legally enter a structure if consent is refused by the occupant?

19. To establish a cause of action under Section 1983 against a building official, a plaintiff must prove two elements: deprivation of federal rights and that the official acted in what specific capacity?

20. If the injured party can establish that a special relationship existed with the building official that caused the party to rely on the official more than the general public, this may bypass what common defense doctrine?

21. What should a building official establish to clarify the quantity, quality, and method of achievement expected of subordinates?

22. The ICC governmental consensus process leaves the final determination of code provisions in the hands of which specific group?

23. What constitutional concept provides the building official’s authority to enforce the code when reasonably exercised for the health, safety, or welfare of an individual?

24. The Public Duty Doctrine provides that a plaintiff’s cause of action against a building inspector will likely fail because the purpose of the building code is to ensure the safety and protection of:

25. What type of search warrant is sufficient if the purpose of the search following a fire is only to determine the cause of the fire, according to Michigan v. Clifford (1984)?

26. The intentional entrance upon land under the possession of another is defined as:

27. What are the building department records, such as permit applications and transfer tax declarations, admissible as in court, provided the records keeper can testify they were made in the ordinary course of business?

28. What type of judicial order is issued by a court without notice to the other party and without an opportunity to be heard, and is only granted in the most extreme circumstances?

29. What level of privacy interest does an individual have regarding observations made by a building official from a public street or sidewalk, if the violation is in plain view?

30. If the charges are dismissed before they reach a court or administrative agency, what administrative action may a municipal attorney draft to relieve the building official of malicious prosecution liability?

31. If the building official finds insufficient evidence of code compliance, they have the authority to require tests. These tests must be performed by which party?

32. In a specific case where different code sections specify different requirements, which requirement shall govern?

33. Searches to gather information for the purpose of enforcing codes are considered unreasonable and prohibited by the Fourth Amendment unless the building official can establish what legal standard?

34. What negative outcome can arise if staff specialists are unwilling to extend their expertise to new areas during a technology implementation?

35. To avoid liability for a failure to enforce the code where injury occurs, what administrative procedure must the building department adopt for the recovery of city costs associated with abatement of code violations?

36. When an attorney asks a witness a question that suggests the answer in the question itself (e.g., “Wasn’t the building foundation already laid…”), this is known as a(n):

37. The legal term for the improper performance of some act that a person may lawfully do (e.g., performing an inaccurate inspection) is:

38. In a claim of negligence, if a building inspector fails to act (e.g., fails to make a required inspection), that inaction is categorized by which legal term?

39. Which US city was designed before any settlement was established, utilizing a master plan developed by Pierre Charles L’Enfant?

40. Building officials should argue for salaries that are at least commensurate with the prevailing wages offered to private sector professionals in which fields?

41. What is the formal legal process used by the court to resolve a dispute based on a hearing of the factual issues presented by both parties?

42. If an official’s conduct in a discretionary function violates clearly established statutory or constitutional rights of which a reasonable person would have known, what defense is typically negated?

43. What must a building official do before a local government can legally require the construction and maintenance of state buildings to comply with local code provisions?

44. For seismic risk mitigation, what is the primary difference between nonstructural retrofits and structural retrofits?

45. What office is the correct place to obtain legal ownership information for enforcement purposes, as tax records alone are not sufficient to prove current ownership?

46. If a notice of violation is not promptly complied with, what is the building official required to do, according to IBC Section 114.3?

47. Which principle of effective management is violated when a poor-performing employee receives the same rewards and benefits as superior employees?

48. If a building is owned by a legally recognized corporation, which corporate role may be ordered to correct the violation or be prosecuted for failure to comply?

49. The legal doctrine that stipulates the state may not be held liable for any wrongdoing it or its agents commit, and generally exempts state buildings from local building regulations, is known as:

50. What is the advantage of using a hypothetical question when an attorney questions an expert witness?

51. The adoption of the Basic Building Code in 1979 by the State of Kentucky was a reaction following which catastrophic fire?

52. The description of building codes as “minimum” is based on contemporary law. What must building officials retain sensitivity towards, despite this legal interpretation?

53. What type of legislation must be followed meticulously when establishing a local government codes enforcement system, including any statutes that permit the adoption of building codes by reference?

54. Which characteristic distinguishes a Home Rule municipality from other types of local government?

55. If a building official relies solely on the statement of a private citizen to begin enforcement proceedings without an independent investigation, what liability risk is created?

56. What is the mandatory legal requirement regarding the BBCA’s orders and decisions?

57. What is the primary method recommended for ensuring that future owners or building officials are aware of special conditions (such as required minimum yard space) that were granted for an allowable area increase exception?

58. What is the greatest risk a building department runs if its proactive housing inspection program is prematurely or poorly planned and executed?

59. What is required to be included in a violation notice to ensure due process of law is observed?

60. What must be issued to a witness to compel them to appear in court and force them to bring specific documents or records to a hearing?

61. If a local code provision is waived for one applicant, the building official should waive it for all others with a similar project to avoid legal challenge based on:

62. When calculating a true performance measure for a housing and property maintenance program, what ultimate question should be answered?

63. Under IEBC Appendix J, the use of alternate design features and materials may be permitted where compliance with prescriptive requirements would impose disproportionate costs because of:

64. When recruiting new staff, which combination of traits should a manager prioritize, according to the source material?

65. When an applicant requests a modification to the code, who should the building official ask to provide a written evaluation of the proposed deviation?

66. What type of legal defense, adopted by many states, reduces the amount of damages a plaintiff can recover in a negligence action based on the percentage of the plaintiff’s own negligence?

67. Before issuing a building permit for a Planned Unit Development (PUD), the building official must review the plat to determine:

68. The building official is authorized to authorize the disconnection of utility service without prior written notice to the owner under what specific circumstance?

69. What legal doctrine holds that a municipality may be precluded by its actions from asserting a right if another party has justifiably relied on that action and would suffer injury if the municipality repudiated it?

70. What action should a building official take informally to address office cliques that use common interests to promote their own agenda ahead of the organization’s goals?

71. To be valid, the consent given by an owner or occupant of private property to allow a building official to enter must be given in what manner?

72. What must EEO requirements ensure regarding examinations and qualification criteria for applicants and employees in similar circumstances?

73. What functional area of HRM provides essential data used directly for developing job descriptions and performance appraisal instruments?

74. To provide proof that a builder was put on notice for an administrative action, what is the best method to send the notice?

75. A power that arises from those powers expressly granted to a municipality or is essential to the operation of those expressly granted powers is known as a(n):