2024 Legal Module – Practice Quiz (Untimed)

1. Which of the following is a disadvantage of using a patchwork approach of Stand-Alone Function-Specific Solutions in a building department?

2. If an employer’s selection procedures result in disparate impact against a protected group, what burden must the employer carry to defend the practice?

3. What standard of proof must the prosecutor meet on the criminal side of the law to secure conviction for a building code violation?

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

5. What administrative action is necessary to ensure that written administrative guidelines, which are not explicitly in the code, will be upheld in court?

6. What is the burden of proof a plaintiff must satisfy in most states to prevail on a claim of malicious prosecution?

7. What must a governmental official possess before any search warrant can be issued, according to the US Constitution, Amendment IV?

8. Under the IEBC, original or in-kind materials and methods of construction are permitted for “repairs” to historic buildings with the exception of which types of materials?

9. Fences are exempt from IBC permit requirements provided they do not exceed what height, with the exception of swimming pool barriers?

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

11. What is the primary purpose of building regulation, often described as a “minimum” nature?

12. 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?

13. By 1880, what type of regulation began to follow exit requirements in becoming prominent in construction law?

14. What mitigation tool is generally most effective in undeveloped areas and can influence the location and density of development through a community’s capital improvement program?

15. In the case of a mistakenly issued permit, what factor is likely to outweigh the harm suffered by the builder, permitting the permit to be revoked?

16. When a building official acts as a fact witness, they are called upon to describe what type of information to the judge and jury?

17. 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?

18. Under the IFC, a construction permit is required for high-piled combustible storage when the total area, including aisles, exceeds what square footage?

19. 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?

20. Under the IPMC, if a vacant structure is unfit for human habitation and not in danger of structural collapse, the code official is authorized to post a placard of condemnation and order the structure closed up to prevent what occurrence?

21. 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:

22. What is the easiest way for a building official to conduct a lawful inspection of a building without violating the Fourth Amendment?

23. Performance evaluations provide management with essential information for making strategic decisions regarding which three employee actions?

24. What intentional tort occurs when a person uses coercion to gain some sort of personal benefit by twisting litigation for an improper, unplanned purpose?

25. What section of the IBC specifically states that “A vacant structure that is not secured against unauthorized entry shall be deemed unsafe” and subject to an order of Unsafe Structure?

26. What is a primary reason that the adoption of a building code is often considered an “inherent municipal power” that may not require special or express enabling legislation?

27. When seeking to hire high-caliber building department personnel, what should the building official emphasize besides the need for adequate staff?

28. If a building official is successfully sued for negligence, which defendant has more of a risk of incurring liability?

29. The standard of proof used in civil law, which is met when the evidence is of greater weight or more convincing than the evidence offered to oppose it, is:

30. In most cases, what action must the local government take if a judgment is obtained against an employee who committed a tort under the supervision or at the behest of the municipality?

31. Which administrative process is specifically required to be followed strictly in the case of the adoption of a building code, including the requirement for a number of “readings” prior to effective passage?

32. When a builder or developer challenges a provision of a local building code in court, what is the ordinary judicial presumption regarding the law?

33. What document gives the lender or seller a lien on the real estate as security for the debt incurred in the purchase of the real estate?

34. What must Application Service Providers (ASPs) verify before implementing a hosted solution for a jurisdiction?

35. If a vacant structure is not secured against unauthorized entry, the IBC deems this condition to be:

36. What common mitigation technique is recommended for flood-prone houses to protect heating, ventilating, and cooling (HVAC) equipment?

37. The Fair Housing Act (FHA) mandates design standards to ensure general access for handicapped persons in new housing containing how many units?

38. The failure to observe which mandatory requirement would condemn the adoption of a building code in the eyes of virtually any court?

39. The need for building officials to defend legally their official activities is a result of increased public scrutiny and the public’s awareness of their legal rights, which influences the use of what process?

40. Which legal framework results in the apportioning of power between state and local governments by providing local cities and towns with a certain amount of self-government?

41. The functional area of Job Analysis is important because the data collected is used directly in the execution of which two performance-related HRM policies?

42. When delegating duties to staff, the building official must ensure the assignments are based on what three criteria to protect the employee and ensure proper execution of duties?

43. What is the name of the program, now supported by the ICC and extended to an entire month, that focuses attention on the importance of codes and code enforcement?

44. What remedy functions to declare explicitly the rights of the plaintiff when he or she is in doubt as to their legal rights?

45. What due process requirement calls for clarity and specificity regarding alleged violations in both violation notices and court summonses?

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

47. Under the IBC, what is the minimum duration for which the building official must retain official records related to approvals, inspections, code modifications, tests, and fees?

48. Which factor is paramount following a disaster and dictates that a building official must rapidly evaluate a structure to determine whether it is safe for someone to reenter?

49. Which principle of effective management is violated when a poor-performing employee receives the same rewards and benefits as superior employees, leading to resentment among the hard-working staff?

50. The doctrine of preemption requires that if a state or federal regulation of building construction is detailed and comprehensive, a court may determine what?

51. According to the broken window theory premise, what negative impact will be greater the longer a violation is allowed to remain in a neighborhood?

52. When must a manufacturer’s facility undergoing special fabrication activities off-site without continuous special inspection be approved by the code official under IBC Chapter 17?

53. The best administrative tool for a building department to avoid discriminatory enforcement challenges is to:

54. Building officials should familiarize themselves with the law to aggressively prosecute code offenders and to be aware of which legal posture increasingly taken by property owners?

55. 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?

56. Section 105.6 of the IBC provides authority for a building official to suspend or revoke a permit issued under which specific condition?

57. When dealing with conflicting regulations between an adopted code and a referenced technical standard, which document takes precedence?

58. What is the legal term for legal proceedings which may be pending in court affecting the title or ownership of the property?

59. Who is the person designated and authorized by law to enforce the code in a particular jurisdiction?

60. 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:

61. What action should a building official take if a building is abandoned and in a state of extreme disrepair, although most courts permit a warrantless inspection due to the owner’s weak expectation of privacy?

62. If entry to a structure is refused to the fire code official, what is the official authorized to have recourse to?

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

64. IBC Section 104.6 authorizes nonconsensual entry to an unoccupied structure only after the building official first makes a reasonable effort to locate which party?

65. A building official must establish legal ownership of a property to prove responsibility for a violation by obtaining information from which office?

66. Which administrative step is vital for a building official to take to avoid becoming a defendant in an abuse of process suit regarding verbal communication?

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

68. Why is it important to distinguish between intentional and negligent tortious conduct?

69. 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)?

70. When the building official grants a modification for practical difficulties in carrying out the code provisions, the official must first find that the modification does not lessen:

71. For a technical opinion and report required by the building official to determine compliance with the code, who is responsible for bearing the cost?

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

73. When the code official determines that a violation has occurred, the written notice served to the owner must include which mandatory element to inform the recipient of their legal options?

74. The court order filed by an official after executing a search warrant, noting the date and time it was served, is known as the:

75. What is considered the most prevalent form of coercion used by some building departments, which can result in serious legal repercussions?