2024 Legal Module – Flashcards

The absolute defense against the “absence of probable cause” element for malicious prosecution is established by taking which administrative step?

When a developer voluntarily transfers or appropriates land or an easement therein for use by the public (such as a street), this is known as a:

Which statement accurately reflects the accepted scope of building codes regarding building appearance?

As a wind hazard mitigation measure for existing residential structures, which window system replacement option is recommended to give windows a much better chance of surviving a major windstorm?

To obtain the benefit of adopting a code by reference, a municipality must file the code with the clerk of the municipality or county prior to adoption. This is for the purpose of ensuring:

What administrative measure should a building official take if they believe their safety is in jeopardy during an altercation, to better sustain a claim of self-defense for assault and battery?

Which tort concerns the wrongful institution of criminal, civil, or administrative proceedings by one party against another, resulting in damages?

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

The statute of limitations is a legislative provision that sets forth time limits for:

When a vested right is being taken away by a stop-work order, the building official must afford the builder what constitutional requirement to avoid liability?

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?

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?

Information included in the appendix regarding federally mandated treatment of issues relative to municipal management was obtained directly from which source?

A civil wrong, other than a breach of contract, for which the court will force the wrongdoer to pay damages, is defined as a(n):

If a building official is unsure of specific facts or measurements while on the witness stand, what must they do before referring to their inspection report or notes?

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?

What level of technical expertise is required before an individual can make a decision that a building is dangerous, especially when contemplating summary destruction of private property?

What doctrine protects a building official against a negligence claim by requiring the plaintiff to prove that the municipality owed a duty specifically to the plaintiff, and not just to the general public?

A Geographic Information System (GIS) application is primarily useful for specifying building locations and:

What administrative policy must building officials maintain in a consistent manner, even without formal written policy statements, by circulating minutes for accuracy among staff after a general meeting?

What is the primary incentive created by Section 1988 that often compels building departments to settle a case, even in a situation where liability may not exist?

Under the IBC, every permit issued shall become invalid if the work authorized is suspended or abandoned for what period after the work is commenced?

In the case of Michigan v. Clifford (1984), if the purpose of the search following a fire is to obtain evidence of arson (a crime), what type of warrant is necessary?

What is the basis for the development and publication of the 2024 edition of the International Energy Conservation Code (IECC)?

Which principle explains why people often require a disaster before accepting that appropriate regulations to mitigate bad things are warranted?

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:

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

In the context of the First Amendment, what right of public employees may be balanced against the interest of the state (as the employer) in promoting the efficiency of public services?

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?

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

The easiest area of a property for a building official to enter without establishing probable cause, as it appears open to the public (e.g., a driveway or walkway), is defined as the:

In Boston in 1630, what materials were explicitly forbidden for the construction of chimneys and roof coverings?

What legal doctrine allows the federal and state governments to regulate activities that would otherwise be subject to local control, usually because a strong policy cannot be met adequately by municipal regulation?

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?

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?

What administrative action is necessary when the building official determines that a building poses an immediate threat to health and safety?

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?

Building code provisions must be reasonable and certain, and cannot be described as:

What is a common negative effect on the owner and builder resulting from governmental efficiency problems caused by departmental immaturity or lack of management vision?

According to the Code of Hammurabi, what consequence applies if a builder constructs a house that falls in and kills the house holder?

What is the ultimate limitation on the Board of Appeals’ authority regarding code requirements, as they cannot use an appeal to overturn law?

In ancient Rome, who were the officials responsible for overseeing construction, putting out fires, and protecting the public from poor construction?

The authority for code enforcement is ultimately based on which constitutional concept conferred upon the states?

What must a building official determine when evaluating an alternative material, design, or method of construction under IBC Section 104.11?

What provides the greatest protection to building officials against negligence claims, assuming the plaintiff can establish all four elements of a cause of action and the official cannot establish a defense?

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?

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?

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?

In what manner must building officials temper their actions to avoid legal difficulties, even when acting with increased sensitivity to possible legal consequences?

Deferred submittal items are prohibited from being installed until which mandatory administrative action has been taken?

If a cotenant is present and objects to a search, even if the other cotenant gives consent, the building official cannot search the premises without a warrant, as established in which Supreme Court case?

What is the most important defense to a claim of Trespass against a building official?

The constitutional power reserved to the states to adopt laws that protect and promote the health, safety, morals, and general welfare of its citizens is known as the state’s:

What administrative action must a building official immediately take if the scope of a consented search is exceeded or the consent is withdrawn?

The building official may use discretionary authority to grant a modification to the code, provided the modification does not lessen which requirements?

Mitigation actions taken before a disaster, often tailored strategically through flexible grants and including local building/land use code revisions, were embraced by nearly 250 communities through what innovative pilot program?

An application for an expired permit extension must be requested in writing and justifiable cause demonstrated. The building official is authorized to grant extensions for additional periods not exceeding how long?

When an opposing attorney’s cross-examination serves to negate the credibility of a witness (e.g., by pointing out lies or inconsistencies), this action is known as:

Which type of discrimination occurs when an employer’s seemingly neutral employment practice disproportionately excludes a protected group, regardless of the employer’s intent?

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

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?

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

What is the Building Official directed and authorized to enforce, as set forth in IBC Section 104?

When an official takes a code violation case to court, what is the most valuable piece of corroborating evidence in the official’s file?

Under the IBC, when a technical opinion and report is required, the building official is authorized to require the preparer to possess which professional credentials?

The principle that a search of private property is per se unreasonable if it takes place without a warrant has been steadfastly applied by the Supreme Court since 1967 in what area of law?

If a building official is successfully sued for a civil rights violation under Section 1983 of the US Code, what type of damages is the building official typically not indemnified for by the government?

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

What type of policy must organizations establish to eliminate intimidation and discrimination, requiring managers and supervisors to enforce it?

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?

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?

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

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

The doctrine that holds if the plaintiff has been guilty of any negligence that contributed to his or her injuries, they are totally barred from any recovery is called:

Which administrative tool is considered the most important practice for improving the code process and outcome for large and complex rehabilitation projects?

The improper performance of some act that a person may lawfully do is defined as:

Adopting the latest building code requirements is found to be affordable and saves approximately how much per dollar invested?

Which term describes a mandatory duty that involves performing an act in a prescribed manner in obedience to legal authority, such as issuing a permit once an application satisfies all criteria?

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?

What specific provision of the IBC encourages the use of new and innovative products and construction methods if found to be equivalent to the intent of the code?

The qualified immunity given to lower administrative officers is much more commonly applied and is rationale because it is sufficient to protect which type of public official?

The preliminary examination of a witness to prove their competency and expertise, often used to qualify an expert, is known as:

What legal standard must be proven by a prosecutor in a criminal negligence case against a building official?

In a civil prosecution for a code violation, the date and time of the offense alleged in the complaint must fall within which time constraint?

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

For a successful claim of Abuse of Process, the plaintiff must demonstrate a willful act in the use of the process that was not proper in the regular conduct of the proceedings, along with what other element?

If a county is considered an arm of the state, what legal privilege is it usually entitled to?

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

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

What administrative procedure is recommended to reduce the risks to the building department when an owner appeals a violation and threatens to appear before the legislative body?

Strategic Human Resources Management (SHRM) requires that employers not discriminate in the administration and execution of all HRM practices, including recruitment, selection, promotion, training, compensation, and discipline. This requirement is mandated by which legal principle?

When an owner of land sells a portion of his property to another and the second owner has no other access to his property except to cross the seller’s land, this creates what type of legal right?

For public sector employees, First Amendment protections for speech are reduced if the speech is made as a result of required duties rather than as a citizen on a matter of public concern. This means the employee is speaking in which capacity?

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

The Public Duty Doctrine provides protection to building officials against negligence claims because the purpose of the building code is viewed as ensuring the safety and protection of which group?

Where required, if the building official does not approve an application to use an alternative material, design, or method of construction, what is the official mandated to do?

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:

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?

Which two exceptions may bypass the Public Duty Doctrine, allowing a negligence claim against a building official?

What action might a government take if it determines that the tortious conduct committed by the building official violated the government’s own rules and regulations?

In the case of Avalon Assisted Living Facilities, Inc. v. Zager (2002), the Virginia State Building Code Technical Review Board was found to lack authority to modify the building code use-group classification because their enabling legislation limited modifications only to what specific aspects?

What administrative action can a building official ask a judge to take if the accused corrects the violation but refuses to agree not to sue, ensuring the official avoids a malicious prosecution suit?

The principle that a building official cannot refuse to issue a permit for no reason, provided the plans are compliant, means the official’s function in issuing the permit is classified as a(n):

When an accused is acquitted by a court in a code enforcement proceeding, what element of a malicious prosecution claim has been satisfied?

What type of constitutional right must the building official weigh against the right to conduct an inspection to verify that public health, safety, and welfare are not in jeopardy?

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

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?

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

According to FEMA guidance and ICC 500, what structural issues must a wind hazard shelter be designed to resist besides the main wind-resisting structural system loads?

What is the consequence if a state building code entirely preempts the regulation of building construction locally?

When seeking to use information from a building permit application to prove ownership for a prosecution, the building official cannot rely on the tax records, but must check the records from which office?

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

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?

The board of appeals is authorized to modify the provisions of the code itself only when which condition is ensured?

A document filed with the court after a search warrant has been served and the search conducted, informing the court that the search took place on a specific date and time, is known as a:

What action, if performed by an attorney on cross-examination, is known as impeachment?

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?

What must a building official request from their municipality or county if charged with criminal negligence?

Who is the person with the sole right to consent to a search of a leased residential dwelling unit?

Which core ICC Code of Ethics concept mandates that certified individuals should keep up with the latest technology, attend continuing education, and add more credentials?

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

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

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:

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

To address office cliques that promote their own agenda ahead of organizational goals, what informal administrative action should managers take?

The improper performance of some act that a person may lawfully do is defined as:

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?

The growth of construction regulation has occurred more rapidly in which type of community?

A stop-work order, which is immediate action taken to abate a violation without formal court proceedings, is an example of what type of code enforcement action?

What is the definition of rehabilitation when applied to historic properties, according to the Secretary of the Interior’s Standards?

Under the Camara standard for obtaining an administrative warrant, an inspector need not possess specific knowledge of a violation, but instead may rely on what type of criteria to establish probable cause?

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?

Which party is typically the only one authorized to negotiate the terms of an agreement or plea bargain related to a criminal case for a code violation, once charges have been filed?

The strategic alignment of HRM functions, such as recruitment and compensation, must be developed and administered according to which three principles?

What was the title given to the first building inspector in the City of New Amsterdam (later New York) in 1625?

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

A record of inspections kept by the building official must include documentation of which two administrative actions?

Interpretations, policies, and procedures adopted by the building official must comply with the intent and purpose of the code and shall not have the effect of:

What constitutional principle requires that any legislation enacted by a government must bear some rational relationship to a legitimate governmental function, meaning the law has to make sense?

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?

The building official is authorized to suspend or revoke a permit issued if the permit was issued in error or on the basis of:

Which federal act allows a successful plaintiff to recover attorney’s fees from the defendant, which can often exceed the actual compensatory damages awarded?

What legal doctrine provides that a plaintiff alleging inadequate performance of a governmental activity has the burden to show the municipality owed a specific duty to the plaintiff, not just to the general public?

If an unoccupied structure is believed to contain a code violation, what step must the building official first take before entering the premises?

What type of immunity is akin to that given to a judicial officer, protecting him or her from liability for discretionary acts even if found to have acted with improper motives?

In the event any part or provision of the International Fire Code (IFC) is held to be illegal or void by a court, what is the legal effect on the remaining portions of the code?

Which ICC program provides training in rapid safety evaluations based on ATC guidelines and the basics on coordinating evaluation teams for post-disaster events?

What legal doctrine holds that if the plaintiff has been guilty of any negligence that contributed to his injuries or damage, he is totally barred from any recovery?

What legal doctrine holds that if a plaintiff has been guilty of any negligence that contributed to his injuries or damage, he is totally barred from any recovery?

The greatest expenditures and assets in the public and nonprofit sectors are typically defined as what resource?

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

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

Which two conditions must be met for a material, design, or method of construction to be approved as an alternative to what is specifically prescribed in the IBC?

Following the fire of 64 AD, the master plan for rebuilding Rome limited the height of a building to what maximum measurement?

What is the advantage for the building official if they are designated as the representative for the municipal corporation and are allowed to sit in the courtroom for the entire proceeding?

The illegal act of occupying a space that belongs to someone else, such as building a shed within the required setback, is legally referred to as a(n):

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:

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?

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

What is the primary historical factor that has traditionally prompted cities and towns to realize the necessity and desirability of adopting building codes?

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

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?

Under 2021 IBC Section 114.2, what legal document is the building official authorized to serve on the person responsible for a violation of the code?

Which element of a malicious prosecution suit is typically where the plaintiff fails and the building official’s defense usually succeeds?

What administrative step is essential to ensure that a notification of rulemaking proceedings will be accepted as evidence in court if receipt is categorically denied by the plaintiff?

The body of law that developed and evolved in England from judgments and decrees of the courts and which has general application is known as:

The IBC explicitly states that its provisions shall not be deemed to nullify any provisions of local, state, or federal law, establishing which legal principle?

What is considered one of the most frightening areas of potential liability in the enforcement of the building code?

Fire officials may conduct an inspection without a warrant during the fire itself and during the period immediately following the fire to determine the origins and causes of the fire, as established in which case?

For public sector employees, First Amendment protections for speech are reduced if the employee is speaking in which specific capacity?

Which intentional tort involves using coercion to gain some sort of personal benefit by twisting litigation for an improper, unplanned purpose?

What is the primary function of performance analytics and predictive modeling as applied to code compliance?

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

The policy underlying the Absolute Immunity afforded by the California Tort Claims Act is to protect public officials from tort liability so they may more ably discharge their duties to the public without fear of:

What legal document is a writ issued to compel a witness to appear in court to testify on behalf of a party?

What is the mandatory administrative action required of the building official if the person responsible for a building code violation ignores the building official after proper notification and time for correction has passed?

Under the IFC, an operational permit is required to store, handle, or use Class II or Class IIIA combustible liquids inside a building in excess of what quantity?

Under the IFC, what is the minimum aggregate net weight of Level 2 or Level 3 aerosol products (including aerosol cooking sprays) that requires an operational permit for manufacture, storage, or handling?

What is the maximum floor area allowed for a one-story detached accessory structure (shed or playhouse) to be exempt from the building permit requirements of the IBC?

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

A law passed in New Orleans in 1856 (Ordinance #3131) is significant in code history because it may have been the first to call for what administrative action?

The building official is relieved from personal liability (civilly or criminally) for damage to persons or property resulting from official acts, provided the official was acting in which manner?

What must a building official do if they are unsure whether a state building project within their jurisdiction is subject to local code control despite the general doctrine of sovereign immunity?

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?

The person to whom an annual permit is issued must keep a detailed record of alterations made under that permit and allow the building official access to those records at all times, as mandated by which code section?

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?

The legal concept that any legislation enacted by a government must bear a rational relationship to a legitimate governmental function is defined as:

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

The core ICC Code of Ethics concept that mandates keeping up with the latest technology and attending continuing education is:

Which action is necessary in an Independent Integrated Solution configuration to allow software systems from different vendors (like Finance or Public Works) to share data and coordinate work functions?

Unlike counties, municipalities are viewed as public corporations and are responsible for their corporate acts. This results in the municipality having:

What is the consequence if a building official is found liable for Trespass, even if the official did no physical damage and acted reasonably and in good faith?

The Equal Protection Clause requires that there be a reasonable basis for classification and that the laws be similarly enforced against all members of a class, thereby prohibiting what type of enforcement?

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?

What is the most effective administrative tool for a building department to transmit property assessment results (empirical data) to the legislative body?

What legal doctrine holds that a municipal corporation only possesses powers which are expressly granted, implied as necessary, or essential to its purpose?

A building official who becomes angry at an alleged code offender and grabs the offender’s lapels or collar may be liable for money damages under which intentional tort?

For how many years has humanity exercised limited controls over the construction and use of buildings and structures throughout the civilized world?

The goal of the Americans with Disabilities Act (ADA) is to ensure general access and set design criteria for public accommodations and commercial facilities, requiring a building official to enforce the code in accordance with what principle?

What legal consequence may befall a building official in some jurisdictions if he or she negligently issues a permit that later requires revocation?

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

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

What legal precedence applies when a conflict occurs between the provisions of the International Building Code (IBC) and a code or standard referenced within the IBC?

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?

Which US federal law provides the right to a trial by jury and potential recovery for compensatory and punitive damages for discrimination claims?

Under Section 1983, what type of government action, such as a city’s failure to adequately train or supervise officers, can establish an official policy only if it reflects a deliberate or conscious choice?

What historical event exemplified the importance of securing abandoned buildings to prevent injury and crime, resulting in the death of six fire fighters?

Under 2021 IBC Section 114.2, what is the building official authorized to serve on the person responsible for a violation of the code or a permit?

The ability of the Board of Building Code Appeals (BBCA) to grant a variance is based on the condition that granting the variance would relieve which circumstance for the owner?

What is a crucial legal step for a building official to take to avoid being held liable for a failure to enforce the code on known violations if injury to persons or property occurs?

What action must the building official ensure is performed during a BBCA hearing in a state where judicial review is based on the record before the administrative tribunal?

Which party is authorized to determine compliance with the building code, render interpretations, and adopt policies to clarify the application of the provisions?

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

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

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

Attempts to impose construction requirements that exceed the minimum necessary for a reasonable degree of safety are likely to face difficulty with legal enforcement based on which concept?

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

What is recognized as the earliest known code of law containing excerpts pertaining to building requirements?

The building official is relieved from personal liability (civilly or criminally) for damage to persons or property resulting from official acts, provided the official was acting:

If a municipality adopts a building code by reference, what procedure must be frequently followed to inform the public of the pendency of the adoption?

What legal term describes a civil wrong, other than breach of contract, for which a civil action can be brought and civil penalties imposed?

What administrative step is critical to ensure proper synchronization between a vendor’s permitting system and the building department’s existing procedures and forms?

What legal theory holds that a civil wrongdoer (tort-feasor) should pay damages for an act that breaches a duty of care but was not intended to cause harm?

What is the standard of proof required in civil law actions, such as seeking an injunction against a property owner for a code violation?

A claim or encumbrance on a property to secure a debt or obligation is defined as a:

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?

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?

What does the ICC 600 Standard provide prescriptive designs for, specifically addressing wind climates ranging from 100 mph to 150 mph?

If a municipal government acts beyond the scope of its powers as defined by its charter or state laws, the action is defined as:

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?

In the demolition process, what is one of the most important administrative tasks that reveals anyone with a legal interest in the property?

What is the primary holding of the Camara v. Municipal Court (1967) case?

What must a building official first find when exercising discretionary authority to grant a modification for an individual case due to practical difficulties?

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

Who is the person responsible for determining whether it is safe for someone to reenter a building that has been damaged by an event?

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

According to the Gudgel v. Anderson court ruling, what factor is not dispositive on the issue of privacy, even though it is one of several manifestations to be considered?

What type of legal privilege prevents liability from attaching to the actions of certain individuals, which may be absolute or qualified?

When an expert witness is being cross-examined, what is the best response if the opposing counsel asks about the fee the witness is receiving for his or her services?

What administrative action must the building official immediately take if an owner or possessor grants consent to enter the property but later retracts that consent?

The legal principle that requires that any legislation enacted by a government must bear a rational relationship to a legitimate governmental function is known as:

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

Although the board of appeals may grant an appeal, what action is the board strictly not allowed to do, as that power rests exclusively with the local legislative body?

A judgment that functions to declare explicitly the rights of the plaintiff is known as:

The Fair Housing Act (FHA) is important to building officials because it mandates design standards for new housing containing how many units?

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

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?

If a jury finds that the building official acted with malice in a malicious prosecution suit, the plaintiff may be awarded which type of damages intended to punish the wrongdoer?

What type of wall is erected on an interior lot line as a common support to a structure on both sides, under different ownerships?

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

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

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

What intentional tort would a building official be liable for if they brought an enforcement action against an alleged code offender for the purpose of coercing that person to surrender property?

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

When the building official denies an application or construction documents for not conforming to requirements, the IBC requires the official to do what?

An examination of title records to determine whether the title to a property is clear, listing all liens, claims, or encumbrances, is known as a:

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

What legal document is issued to a witness to force him or her to bring specific documents or records to a hearing?

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?

If a municipal board fails to adopt written rules of procedure for its hearings, a court may find the board’s decision was made in what manner?

If prosecution is necessary and the property is held in a trust, which entity should be charged in the complaint?

What is the maximum time limit for filing a complaint, as set by state law?

What specific information capture needs are tied into the software for Remote Video Inspections (RVI) to streamline the process?

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?

The legal term statute is defined as a law that is prepared and enacted by which level of government?

If an owner or occupant refuses entry to a building official for an inspection, what must the official do to secure entry?

Which administrative body of the community is authorized to grant waivers or variances to code requirements only if the authority has been specifically reserved to that body in the adopting ordinances?

Due to the large expense dedicated to personnel, SHRM is considered even more important in public and nonprofit sectors than in the private sector because personnel expenditures typically account for what percentage of total expenditures?

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

What is one successful method a building official can use to avoid statute of limitations problems against contractors who fail to secure permits for completed work?

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?

Why do courts generally prefer official written inspection reports over oral testimony when enforcement of the code becomes necessary?

To properly serve a notice of an unsafe condition under the IBC, which method is considered proper service if a copy is sent by certified or registered mail and is returned showing that the letter was not delivered?

What specific court must a building official seek an injunction against a defendant in, as this court is one with equitable powers?

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?

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?

What administrative policy must building officials maintain in a consistent manner, even without formal written policy statements, by circulating minutes for accuracy among staff after a general meeting?

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

Under Section 1983, municipal governments may be sued for their own unconstitutional policies, but they cannot be sued based on the actions of an employee or agent under which theory?

What specialized type of subdivision describes a large-scale real estate development project that requires specific planning approval?

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?

What defense against negligence is dependent upon proof that the plaintiff knew of and understood the risk, yet proceeded in that course anyway?

A legal proceeding that may be pending in court affecting the title or ownership of a property, such as a foreclosure, is revealed by a title search and is known as a:

In the US Supreme Court case Camara v. Municipal Court (1967), the Court held that probable cause exists for a routine administrative inspection of a dwelling if what criteria are satisfied?

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

If a building official has permission to enter land for a particular purpose, this permission is defined as a:

Strategic Human Resources Management (SHRM) requires the integration of human resources management (HRM) with which core organizational element?

What is the status of the evidence if a building official performs an otherwise invalid search, and the evidence is later found to be the result of the official threatening the occupant that the inspector would get a search warrant if permission was denied?

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

The failure of a person to perform some act that they are obligated or have the responsibility to perform is defined as:

When using standard database connections (ODBC or ADO.NET), what action can building department staff take using data extracted from permitting systems?

The tort that occurs when a tort-feasor uses coercion to gain some sort of personal benefit by twisting litigation for an improper, unplanned purpose is known as:

According to court findings, which location within a multifamily dwelling may be inspected without a warrant, as no person has a right of privacy there?

Measures used to mitigate the impact of disasters, typically used to protect existing at-risk structures but often viewed as temporary solutions (like levees or retaining walls), are classified as what type of mitigation activity?

Knowledge of which specific information will help building officials know what to expect when attempting to enforce judicially a building code?

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?

A survey that shows all utilities on the property as well as the setbacks for the proposed structure, necessary for a proper plan review, is defined as a:

What two topics related to employee well-being, besides traditional benefits, are often addressed in the functional area of compensation (Chapter 8)?

What is the foundational legal doctrine that states a municipal corporation only possesses powers expressly granted to it by the state, implied from those powers, or essential to its purpose?

The California Tort Claims Act and similar state acts provide immunity to public employees for injuries caused by the issuance, denial, suspension, or revocation of any permit or license, provided the official was acting:

What is the legal process that occurs when private land or an easement therein is voluntarily transferred or appropriated by a citizen for use by the public?

The outcome of arbitrarily selecting a small parcel of land for a zoning classification unrelated to the surrounding uses and not justified by public welfare is known as:

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?

What is a fixed period of time established by the legislative body within which actions against persons violating laws must be initiated, failure of which can result in immunity from civil and criminal proceedings?

Who is typically the only party authorized to negotiate the terms of an agreement or plea bargain related to a criminal case for a code violation, once charges have been filed?

A deed performed under the authority, policies, and procedures of a superior (e.g., issuing a permit when all requirements are met) is defined as a:

What type of code requirements are generally retroactive and apply to ongoing occupancy, even in buildings not undergoing rehabilitation?

If a builder’s occupancy permit is revoked, what are the parties whose rights are being affected entitled to, according to the concept of procedural due process?

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

If a notice of violation is not complied with promptly, the building official is authorized to request the jurisdiction’s legal counsel to institute appropriate proceedings to:

The preliminary examination of a witness to prove their competency and expertise is known as:

A rule established by a government agency that has the force and effect of law even though it is not set forth explicitly in a statute is called a:

What is the specific name for the preliminary examination of a witness to prove their competency and expertise, often used to qualify an expert?

According to the US Supreme Court case Camara v. Municipal Court (1967), what is required before a building department can legally gain entry onto private residential premises if the occupant does not consent to a search?

According to the Code of Hammurabi, if a builder constructs a house that falls and kills the householder, the punishment for the builder shall be:

If an entity acts beyond the scope of its powers, the action is defined by the legal term:

If a court declares a building code enactment to be an ultra vires action, what is the legal effect on the building code?

What is the legal doctrine that prevents a party from bringing a suit against a government?

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

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?

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):

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

Which administrative policy ensures consistency across a local government by encouraging the use of existing jurisdiction security protocols for electronic permitting systems?

What is the primary purpose of Absolute Immunity for a high-level executive officer?

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)?

A law enacted by state or federal legislatures is defined as a:

The constitutional procedure established by the 14th Amendment to enforce and protect basic individual rights, such as the right to be present and heard, is known as:

A structure that complied with zoning ordinances at the time it was built but no longer conforms to regulations due to adoption or amendment of an ordinance is defined as a:

What legal principle looks at whether some person or group was impermissibly singled out for enforcement?

What shift in federal emphasis occurred beginning in 2001 that many in the emergency management community are concerned adversely impacts natural hazards mitigation at the state and local levels?

What is the primary consequence of Section 1988 (The Attorney’s Fee Award Act) that incentivizes building departments to settle civil rights cases, even where liability may not exist?

In cases where building officials or their representatives are called upon to testify, they are generally called upon to act in what capacity?

The illegal act of occupying a space that belongs to someone else, such as building outside of the required setbacks, is defined as:

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

What is the primary holding of the Supreme Court in Daniels v. Williams (1986) regarding due process rights?

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

The National Flood Insurance Reform Act (NFIRA) of 1994 created which program by allowing a portion of flood insurance premiums to establish grant funding before a disaster?

The process of a building official referring to their notes or inspection report while on the witness stand to aid memory is defined as:

The examination of a witness by the party who is opposed to the party who produced that witness is known as:

The clause of the 14th Amendment that ensures that state governments do not arbitrarily discriminate in applying their laws to different individuals or groups is the:

What is the mandatory administrative action required of the building official if the person responsible for a housing code violation ignores proper notification and time for correction has passed?

To ensure that a court complaint regarding a violation is specific enough, the notice should allege what specific detail?

When a defendant fails to comply with a judge’s court order, the building official and municipal attorney can summons the defendant back to court to face charges of:

When do a builder’s rights in continuing a project become vested, thereby making permit revocation more difficult?

Malice in a malicious prosecution case is found when the plaintiff proves the building official’s primary purpose in bringing the enforcement action was something other than:

What is the key element the building official must demonstrate to the court when seeking a Temporary Restraining Order (TRO) or temporary injunction?

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

What type of judicial order prohibits specified conduct and is issued without notice to the other party and without an opportunity for the other party to be heard?

A regulation is defined as a rule established by a government agency that has the force and effect of law, even though it is not explicitly set forth in a statute, and often sets minimum code standards in which type of jurisdiction?

When proposing revisions to model codes through the ICC process, what is required to outline the anticipated cost of the revision and the benefits derived from it?

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:

The legal framework governing labor relations for state and local government employees is guided by which authority?

What is the term for a court interpretation regarding whether the state has immunity in a particular field, often sought by a building official challenging state exemption?

What FEMA grant program, authorized by Section 203 of the Stafford Act, assists states and local governments in implementing cost-effective hazard mitigation activities before a disaster occurs?

The authority of the states to adopt laws to protect and promote the health, safety, and general welfare of its citizens is known as the state’s:

A hearing that is reheld in front of a court, where the court disregards the facts established before the administrative tribunal and gathers its own facts, is defined as a(n):

A cause of action that involves conduct that was not intended to cause harm or injury but which, nonetheless, breached some duty of care imposed by the law is defined as:

Under the IFC, an operational permit is required for the storage or handling of combustible fibers when the quantity exceeds what amount?

A permit application for any proposed work shall be deemed abandoned how many days after the date of filing, unless an extension is granted?

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

What administrative action is necessary to prevent continued construction on a building found to pose an immediate threat to safety?

When the code official determines there is imminent danger of collapse of a structure that endangers life, what action is the official authorized and empowered to order and require immediately?

Which section of the Stafford Act allows for mitigation measures to be identified and funded as part of eligible public assistance projects, with FEMA funding at least 75 percent of eligible costs?

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

The negating of the credibility of a witness by cross-examination is legally defined as:

An alternative material or method of construction must be found by the building official to be not less than the equivalent of the prescribed method with respect to which of the following criteria?

If a conflict occurs between a general requirement of the building code and a specific requirement, which requirement shall be applicable?

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:

If a building official assists the municipal attorney in drafting a court order after a defendant is found liable, what specific content should be included to ensure maximum enforcement advantage?

The failure to aggressively enforce codes to mitigate the effects of natural disasters is lamented because modern society has access to which two resources that could save lives?

What is the most widely accepted form of achieving qualification as an approved agency for critical support services (testing, inspection, fabrication) relied upon by code officials?

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?

A builder’s attorney may seek a writ of mandamus when the court commands the municipality to perform a required duty. This writ may be issued only if the building official’s function is determined to be a(n):

The legal provisions concerning administrative procedures and powers of the housing inspection agency are based on which authority?

What document, which is an essential part of the permit application process, shows all utilities on the property as well as the setbacks for the proposed structure?

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?

What is the definition of a repetitive loss property under the Flood Mitigation Assistance (FMA) Program, for which states are encouraged to prioritize grant applications?

What organization established the Hazard Mitigation Grant Program (HMGP) in 1988 through the Stafford Act?

To avoid liability for malicious prosecution, what specific administrative action should the building official always perform upon receiving a citizen’s complaint?

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

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

Under the IFC, what is the maximum amount of Class I flammable liquids that can be stored or handled outside of a building before an operational permit is required?

An operational permit is required under the IFC to store, handle, or use Highly toxic compressed gas in what quantity at normal temperature and pressure (NTP)?

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

What types of records is the building official explicitly charged with maintaining, according to the administrative provisions of the IBC?

The maintenance of integrations in an Independent Integrated Solution can become expensive, particularly when which action occurs?

What is the maximum recommended height for shrubs under trees in a wildland-urban interface area to prevent ground fire from becoming a crown fire?

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

In tort law, the failure of an inspector to act (e.g., failing to make a required inspection) is classified using which legal term?

Damages awarded to the plaintiff who proves malice on the part of the defendant, intended to punish the wrongdoer, are called:

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

After emergency measures are ordered by the code official to render a structure temporarily safe, the costs incurred shall be paid by the jurisdiction, and subsequently recovered from the owner through which administrative process?

Sexual harassment is legally considered a form of sex discrimination that falls under the protection of which federal statute?

The process used by a formal legal system to resolve a dispute is defined as:

According to colonial Virginia’s An Act for Building a Towne (1662), what material was prescribed for the roof covering?

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?

A question that asks an expert witness to assume certain facts and give an opinion based on such assumptions is known as a(n):

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?

Which circumstance, often involving burning buildings or unwholesome food, allows a warrantless inspection because immediate action is required?

What liability attaches if a code official, angry at an alleged code offender, grabs the offender’s lapels or collar?

The IBC requires that official records (applications, permits, certificates, fees, inspections, notices, and orders) be retained for which period?

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

What constitutional standard requires that state action has occurred before an action can be found to be performed “under color of state law” for a Section 1983 claim?

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:

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?

When an attorney questions an expert witness, they often use a hypothetical question, which asks the expert to assume certain facts and give what in response?

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

What type of expert is hired to help the attorney prepare for trial but whose retention need not be divulged to the other side?

What intentional tort allows a successful plaintiff to recover damages for the intentional and unwarranted confinement of another, provided the accused is acquitted of the charges?

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?

If a builder’s occupancy permit is revoked, what are the parties whose rights are being affected entitled to, according to the concept of procedural due process?

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?

What is the primary method of enforcement once construction has been completed and summary procedures (stop-work orders) are no longer available?

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

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

The London Building Act, enacted 2 years after the 1666 fire, applied controls for building only to which area?

Sexual harassment is legally considered a form of sex discrimination that falls under the protection of which federal statute?

When recruiting new staff, what combination of traits should a manager prioritize, according to guidance in the source material?

When a court reviews a BBCA decision in states that use the record before the board, what standard of evidence is usually employed?

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?

The failure to establish probable cause is a potential defense against a suit for:

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

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?

What is commonly defined as any sustained action taken to reduce or eliminate long-term risk to human life and property from a hazard event?

The rights that so completely belong to a person that they cannot be taken away without his or her consent, such as a construction right after substantial work has begun, are known as:

The Great Fire of London in 1666 resulted in the destruction of approximately how many buildings?

What intentional tort concerns the wrongful institution of proceedings against another, resulting in damages?

What constitutional right requires that parties whose rights are to be affected are entitled to be heard and must therefore be notified?

The collapse of an amphitheater in approximately 27 AD, killing or injuring around 50,000 people, prompted the governing body of which empire to enact safety regulations for public places?

Administrative guidelines developed by the building department that cover areas not expressly resolved by the code will generally be upheld by a court of law, if challenged via a writ of mandamus, because they serve what function?

What types of records is the building official explicitly charged with maintaining, according to administrative provisions of the IBC?

What is a common negative effect on public safety and customer service resulting from management’s cost-saving strategies that prevent building officials from successfully arguing the need for additional personnel?

What element of a negligence claim must be satisfied by a plaintiff showing personal injury or property damage, with emotional distress only prevailing if it was severe enough to require medical attention?

The BBCA is strictly prohibited from performing which action, as that power rests exclusively with the local legislative body?

Under Section 1983, municipal governments may be sued for their own unconstitutional policies, but they cannot be sued based on the unconstitutional actions of an employee or agent under which legal theory?

What solution is often attempted to address the hardship created by conflicting regulations, insufficient coordination, and interdepartmental rivalries?

In the case of code adoption, if a municipality is required to provide five copies of the proposed code at the city recorder’s office and only four are provided, this deviation is generally not sufficient to:

The legal doctrine that holds that a plaintiff alleging inadequate performance of a governmental activity must show the municipality owed a duty specifically to the plaintiff, and not just to the general public, is known as:

What is the required distinction between a building code and a housing code?

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)?

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

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

Under the Hazard Mitigation Grant Program (HMGP), funds may be used to acquire real property and relocate buildings, thereby allowing the property’s conversion to what use?

What is the primary difference between the burden of proof required for “reasonable cause” (administrative standard) versus “probable cause” (criminal standard)?

The willful attempt or threat to impose injury upon another when there is the apparent present ability and intent to injure is defined as:

What type of immunity is afforded to a lower-echelon public employee that protects him or her from liability for discretionary acts or omissions?

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

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

A higher court’s formal order requiring an inferior court to produce a certified record of a particular case is known as a writ of:

What is the easiest way for the building department to search a building without running afoul of the Fourth Amendment?

Who is responsible for reviewing and coordinating submittal documents prepared by others, including deferred submittal items, for compatibility with the design of the building?

In a lawsuit claiming negligence against a building official, what two conditions must be met for the official to be entitled to indemnification for costs and damages if found liable?

What intentional tort is defined as the willful attempt or threat to impose injury upon another when there is the apparent present ability and intent to injure?

What is the primary reason an injured party’s attorney will sue the building official in his or her individual capacity for intentional torts?

The rule that requires any witness who has not yet testified and who is not a party must be excluded from the courtroom is the:

When the building official exercises discretionary authority to grant a modification for an individual case due to practical difficulties, what must the official first find?

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

Which IPMC legal requirement is violated if a property owner who has received a compliance order sells the property to another person without first furnishing the buyer a copy of the order and securing a notarized statement acknowledging receipt?

The emergence of the first building safety department was characterized by the consolidation of what type of functions?

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?

An intentional infliction of harmful or offensive bodily contact is defined as:

The defense of assumption of risk requires proof that the plaintiff knew of and understood the risk, appreciated the danger, and then proceeded anyway. Why is this defense almost impossible to establish in a building codes case?

Under the IPMC, the board of appeals is explicitly prohibited from exercising which authority regarding the property maintenance code?

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

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

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?

What element of negligence is satisfied by a plaintiff showing personal injury or property damage, with emotional distress only prevailing if it was severe enough to require medical attention?

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

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

What was the result of the Chicago Fire of 1871 that financially pressured the city fathers to enact adequate building laws in 1875?

What document, which initiates a prosecution or a lawsuit, includes the parties, the nature of the claim, and a specific demand for relief?

In the case study Hilda v. Brown, why did the court find that the Individual Defendants (inspectors) were entitled to qualified immunity in the Section 1983 claim?

In a Home Rule municipality where the charter is constitutionally derived, how is the charter viewed legally?

In a typical reactive (complaint-driven) inspection program, what negative outcome often results from inspectors dealing with tenant-landlord disputes?

The rule of sequestration is invoked to prevent which specific situation?

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

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?

What specific provision of the IBC encourages the use of new and innovative products and construction methods if found to be equivalent to the intent of the code?

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

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?

What legal consequence must building officials be concerned with as the complexity of buildings increases and the role of code enforcement becomes more visible to the public?

The plain view doctrine is an exception to the warrant requirement that holds that if an inspector observes a violation while at a location where he or she is legally entitled to be:

To convict a building official of criminal negligence, a prosecutor must prove the building official acted with a certain mental state, usually defined as:

According to the US Supreme Court case Camara v. Municipal Court (1967), what is required before a building department can legally gain entry onto private residential premises if the occupant does not consent to a search?

The historical cycle of ignorance, tragedy, and adoption demonstrates that the adoption of a building code traditionally comes as which step in the process?

If a code official arrests an alleged violator or causes an alleged violator to be arrested or confined, the official may be liable for False Imprisonment if which condition is met?

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?

What intentional tort allows a successful plaintiff to recover damages for the intentional and unwarranted confinement of another?

To avoid liability when examining major plans (e.g., skyscrapers), the reliance by the building code official on the stamp of a licensed architect or engineer is insufficient in many states today, meaning the department must also have:

In a state where judicial review of a BBCA decision is a de novo hearing, what action does the reviewing court take regarding the facts collected in front of the administrative tribunal?

An application for appeal to the BBCA may be based on a claim that the true intent of the code has been incorrectly interpreted, or that an equally good or better form of construction is proposed, or that:

What is the purpose of securing an injunction from a court after determining the state is not immune from local code inspection?

Which mechanism established the current cost-share arrangement for the FEMA Hazard Mitigation Grant Program (HMGP) with a 75 percent federal contribution?

The principle that parties whose rights are to be affected are entitled to be heard and must therefore be notified is defined as:

In the workplace, disagreements among staff, which can lead to closing down office communication and affecting morale, must be resolved by managers using which approach?

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

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

If a building official is successfully sued for a civil rights violation under Section 1983 of the US Code, what type of damages is the building official typically not indemnified for by the government?

What is the primary purpose of the rule of sequestration of witnesses?

When a board of appeals concludes that the building official has made an incorrect decision regarding code interpretation, the board is authorized to perform which action?

When the state or federal government selects some types of occupancies to regulate, leaving all others to local governments (e.g., schools and hospitals inspected by state officials), this is an example of what type of preemption?

Under the IFC, what is the maximum amount of flammable compressed gas (except cryogenic fluids or LP-gas) allowed in storage or use at NTP before an operational permit is required?

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

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?

What is the primary holding of the Supreme Court in Daniels v. Williams regarding Section 1983 claims for due process violations?

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

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

To obtain an administrative search warrant, the building official must present an affidavit that sets forth facts sufficient to establish what legal criterion?

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?

Which International Code Council (ICC) standard provides design and construction requirements for shelters that provide refuge from hurricanes and tornadoes, developed in cooperation with the National Storm Shelter Association (NSSA)?

Since the building code is a construction code, the complementary fire code (or fire prevention code) is designed primarily as what type of code?

What is the legal process of preventing the owner from disposing of real estate while a lawsuit is pending?

What common element should all successful proactive housing inspection programs share?

If a building official is unsure of specific facts or measurements while on the witness stand, what administrative record may be used, with the judge’s permission, to help the official remember the details?

The adoption and enforcement of modern building codes, often the most cost-effective method for mitigating risk, are typically limited to which two types of structures?

The principle that a municipal corporation may be precluded by its actions, or failure to act, from asserting a right which it otherwise would have had, is defined as:

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):

Which two types of legal authority are bestowed upon the building official concerning substandard buildings?

What doctrine protects a building official against a negligence claim by requiring the plaintiff to prove that the municipality owed a duty specifically to the plaintiff, and not just to the general public?

The underlying purpose of a zoning ordinance is to separate and regulate land uses that are not compatible with one another, making it necessary for building officials to have a close relationship with which other officials in their jurisdictions?

To sustain a claim of self-defense against assault and battery, what administrative measure should a building official take if his or her safety is in jeopardy during an altercation?