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67 Cards in this Set
- Front
- Back
Why is it advisable for a building official to draft a written order on the findings of a Board of Appeals? |
To uphold any court hearing challenging |
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Tenant makes complaint against property owner. After verbal order to correct violation, Code official should? |
Issue written correction order and serve of property owner |
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Not a habitable space? |
Bathroom |
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A habitable room, other than a kitchen, shall not be less than? |
7 feet |
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Hearing from both sides; the factual issues and producing a determination |
Ajudication |
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Year if the Chicago Fire |
1871 |
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National Building Code by National Board of Fire Underwriters was in what year? |
1905 |
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What year did the Uniform Building Code still exists in the west |
1927 |
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Southern Standard Building Code, now known as the Standard Building Code established in what year? |
1945 |
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BOCA National Building Code established in what year? |
1950 |
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The South, Southeastern/Western, Midwest, Northeast |
Make up the ICC and adopted by municipalities |
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The 3 forms of local government |
Counties, municipalities, home rule (form of municipal) |
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These states have 1st, 2nd, & 3rd class levels of municipalities. No sovereign immunity like counties |
New York, Indiana |
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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. |
Dillon's Rule |
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Nullifies and voids the code authority out of the scope of their powers |
Ultra vires |
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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 |
Home Rule |
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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" |
Adoption of a building code |
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Concerned with existing structures; may bump heads with codes |
Fire code |
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Different classes of land use, regulates the use and development of property within a municipality or county |
Zoning ordinances |
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Protection of float plains - no development in floodway |
Storm water management |
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Can not pass any law that contradicts federal law |
Preemption |
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State is protected/not liable for any wrongdoing. If the state builds a structure local regulations do not apply. |
Sovereign Immunity |
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The adoption of a state's laws under the 10th amendment |
Police powers |
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Consumer Product Safety Act, Consumer Protection from faulty products |
CPSA |
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Consumer Product Safety Commission, 5 commissioners appointed by the President to serve a term of 7 years. Right to ban products that are unsafe |
CPSC |
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Most important for property in a trust, obtain all beneficiaries address and date of birth |
Permit issuance |
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A legal claim or defense that contradicts with prior action |
Equitable estoppel |
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Abuse of discretion in denial of a permit where the courts have to force the building to issue it |
Writ of mandamus |
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Appeals are made with, only becomes involved if building permit is denied, administrative action, Sections 112.2, 112.3, 104.10 |
BBCA Board of Building Code Appeals |
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IBC section 109.3 & 104.7. 3 copies given, 1 to the property file, 1 given to supervisor, 1 copy to contractor |
Inspection |
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Determines whether plans are acceptable; no structural defect, not allowed building materials, double check plans prior to permit issuance. |
Plans examination |
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Meetings open to public, adequate notice given, rehearing varies state to state |
Appeals procedure |
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4th amendment |
Search and seizure |
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Facial validity, discrimination enforcement |
Equal protection clause |
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Local law, otherwise known as? |
An ordinance |
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The specified use of land for building requests separated by districts |
Zoning plan |
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Final version of zoning plan |
Comprehensive zoning |
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An exception to the ordinance if the ruling may cause undue hardship on the owner |
Variance |
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Positive agreement of covenant |
Affirmative covenant |
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Refrain agreement of a covenant |
Negative covenant |
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Encumbrance |
Restrictive convenant |
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An exception, but specified use for a business such as a car wash or daycare |
Conditional use |
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Issued once stipulations and specific conditions are in place |
Conditional use permit |
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A structure that formally was within zoning ordinance, but the regulations changed and if structure is demolished, would be able to be rebuilt |
Nonconforming |
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Same as conditional use |
Special use permit |
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An agreement or promise to do or not to do |
Covenant |
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Use of land possessed by another; expressed(agreed by both parties) or implied(shake hand sort of deal); can be affirmative, negative, or public |
Easement |
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Compensation to the owner to relinquish rights over said land |
Eminant domain |
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To take land from the owner |
Condemnation |
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Action against the government for compensation for land |
Inverse condemnation |
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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. |
Adverse possession |
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Occupying a space that belongs to someone else |
Encroachment |
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Allowing use of your land to someone else |
Permissive |
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Let the buyer beware |
Caveat emptor |
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Let the seller beware |
Lis pendens |
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Civil wrong |
A Tort |
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Plaintiff has burden to show municipality owed a duty to them and not the general public when performing the activity that is in question |
Public duty doctrine |
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Active or inactive; ex. Failure to do an inspection |
Breach of duty |
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Unproperly doing something |
Misfeanance |
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Not supposed to do it at all |
Malfeasance |
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No action at all |
Nonfeasance |
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Contributory negligence, asumption of risk, immunity, indemnification and insurance |
Defenses |
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What minimum clearance space shall be maintained around the circumference of fire hydrants? |
3 ft. |
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What you should do about a service of a notice to vacate an unsafe or dangerous structure |
Filed in the office of the county recorder |
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The typical surburban lawn requires how many gallons of water irrigation each year? |
10,000 |
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Shall not be added to mortar or grout as an admixture |
Calcium chloride |
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The minimum permissible thickness for any individual measurement for material which is specified to be 1 inch |
3/4 inch |