Legal Aspects Of Codes

Front 1

Why is it advisable for a building official to draft a written order on the findings of a Board of Appeals?

Back 1

To uphold any court hearing challenging

Front 2

Tenant makes complaint against property owner. After verbal order to correct violation, Code official should?

Back 2

Issue written correction order and serve of property owner

Front 3

Not a habitable space?

Back 3

Bathroom

Front 4

A habitable room, other than a kitchen, shall not be less than?

Back 4

7 feet

Front 5

Hearing from both sides; the factual issues and producing a determination

Back 5

Ajudication

Front 6

Year if the Chicago Fire

Back 6

1871

Front 7

National Building Code by National Board of Fire Underwriters was in what year?

Back 7

1905

Front 8

What year did the Uniform Building Code still exists in the west

Back 8

1927

Front 9

Southern Standard Building Code, now known as the Standard Building Code established in what year?

Back 9

1945

Front 10

BOCA National Building Code established in what year?

Back 10

1950

Front 11

The South, Southeastern/Western, Midwest, Northeast

Back 11

Make up the ICC and adopted by municipalities

Front 12

The 3 forms of local government

Back 12

Counties, municipalities, home rule (form of municipal)

Front 13

These states have 1st, 2nd, & 3rd class levels of municipalities. No sovereign immunity like counties

Back 13

New York, Indiana

Front 14

Municipal law, law granted by charter or state legislature, suggested, but not expressed powers under legislation & necessary to make known or serves a purpose towards the corporation.

Back 14

Dillon's Rule

Front 15

Nullifies and voids the code authority out of the scope of their powers

Back 15

Ultra vires

Front 16

Makes the city free to act as it deems appropriate within the limits of state and federal constitutional law. Able to regulate home affairs as they see fit

Back 16

Home Rule

Front 17

These steps must be followed:

-Notice of intent published by newspaper

-Filed with clerk of municipality or county

-A number of copies must be available for public

-A number of "readings"

Back 17

Adoption of a building code

Front 18

Concerned with existing structures; may bump heads with codes

Back 18

Fire code

Front 19

Different classes of land use, regulates the use and development of property within a municipality or county

Back 19

Zoning ordinances

Front 20

Protection of float plains - no development in floodway

Back 20

Storm water management

Front 21

Can not pass any law that contradicts federal law

Back 21

Preemption

Front 22

State is protected/not liable for any wrongdoing. If the state builds a structure local regulations do not apply.

Back 22

Sovereign Immunity

Front 23

The adoption of a state's laws under the 10th amendment

Back 23

Police powers

Front 24

Consumer Product Safety Act, Consumer Protection from faulty products

Back 24

CPSA

Front 25

Consumer Product Safety Commission, 5 commissioners appointed by the President to serve a term of 7 years. Right to ban products that are unsafe

Back 25

CPSC

Front 26

Most important for property in a trust, obtain all beneficiaries address and date of birth

Back 26

Permit issuance

Front 27

A legal claim or defense that contradicts with prior action

Back 27

Equitable estoppel

Front 28

Abuse of discretion in denial of a permit where the courts have to force the building to issue it

Back 28

Writ of mandamus

Front 29

Appeals are made with, only becomes involved if building permit is denied, administrative action, Sections 112.2, 112.3, 104.10

Back 29

BBCA Board of Building Code Appeals

Front 30

IBC section 109.3 & 104.7. 3 copies given, 1 to the property file, 1 given to supervisor, 1 copy to contractor

Back 30

Inspection

Front 31

Determines whether plans are acceptable; no structural defect, not allowed building materials, double check plans prior to permit issuance.

Back 31

Plans examination

Front 32

Meetings open to public, adequate notice given, rehearing varies state to state

Back 32

Appeals procedure

Front 33

4th amendment

Back 33

Search and seizure

Front 34

Facial validity, discrimination enforcement

Back 34

Equal protection clause

Front 35

Local law, otherwise known as?

Back 35

An ordinance

Front 36

The specified use of land for building requests separated by districts

Back 36

Zoning plan

Front 37

Final version of zoning plan

Back 37

Comprehensive zoning

Front 38

An exception to the ordinance if the ruling may cause undue hardship on the owner

Back 38

Variance

Front 39

Positive agreement of covenant

Back 39

Affirmative covenant

Front 40

Refrain agreement of a covenant

Back 40

Negative covenant

Front 41

Encumbrance

Back 41

Restrictive convenant

Front 42

An exception, but specified use for a business such as a car wash or daycare

Back 42

Conditional use

Front 43

Issued once stipulations and specific conditions are in place

Back 43

Conditional use permit

Front 44

A structure that formally was within zoning ordinance, but the regulations changed and if structure is demolished, would be able to be rebuilt

Back 44

Nonconforming

Front 45

Same as conditional use

Back 45

Special use permit

Front 46

An agreement or promise to do or not to do

Back 46

Covenant

Front 47

Use of land possessed by another; expressed(agreed by both parties) or implied(shake hand sort of deal); can be affirmative, negative, or public

Back 47

Easement

Front 48

Compensation to the owner to relinquish rights over said land

Back 48

Eminant domain

Front 49

To take land from the owner

Back 49

Condemnation

Front 50

Action against the government for compensation for land

Back 50

Inverse condemnation

Front 51

When a property has been bought and used by someone other than the owner, and the owner after many years have passed tries to recoup the land, but cannot because it has been too long, typically 20 years.

Back 51

Adverse possession

Front 52

Occupying a space that belongs to someone else

Back 52

Encroachment

Front 53

Allowing use of your land to someone else

Back 53

Permissive

Front 54

Let the buyer beware

Back 54

Caveat emptor

Front 55

Let the seller beware

Back 55

Lis pendens

Front 56

Civil wrong

Back 56

A Tort

Front 57

Plaintiff has burden to show municipality owed a duty to them and not the general public when performing the activity that is in question

Back 57

Public duty doctrine

Front 58

Active or inactive; ex. Failure to do an inspection

Back 58

Breach of duty

Front 59

Unproperly doing something

Back 59

Misfeanance

Front 60

Not supposed to do it at all

Back 60

Malfeasance

Front 61

No action at all

Back 61

Nonfeasance

Front 62

Contributory negligence, asumption of risk, immunity, indemnification and insurance

Back 62

Defenses

Front 63

What minimum clearance space shall be maintained around the circumference of fire hydrants?

Back 63

3 ft.

Front 64

What you should do about a service of a notice to vacate an unsafe or dangerous structure

Back 64

Filed in the office of the county recorder

Front 65

The typical surburban lawn requires how many gallons of water irrigation each year?

Back 65

10,000

Front 66

Shall not be added to mortar or grout as an admixture

Back 66

Calcium chloride

Front 67

The minimum permissible thickness for any individual measurement for material which is specified to be 1 inch

Back 67

3/4 inch