Study Session

Question 1

What is typically considered the most important step in the enforcement and administration of building codes?

Answer 1

issuance of the building permit

Question 2

The doctrine by which a municipality may be precluded by its actions, or inactions from asserting a right which it otherwise would have had is known as ___________.

Answer 2

equitable estoppel

Question 3

The board of appeals shall be appointed by the __________.

Answer 3

governing body

Question 4

In any appeal to the Board of Building Code Appeal, the burden of proof rests with the ________________.

Answer 4

appellant

Question 5

To obtain a search warrant to conduct a property inspection, the building official must first have _________.

Answer 5

probable cause

Question 6

The requirement that any and all legislation enacted by a government must bear some rational relationship to a legitimate governmental function is know as __________.

Answer 6

substantive due process

Question 7

If a person raises claims that he or she was impermissibly singled out for code enforcement, that individual will usually raise the defense of ______________.

Answer 7

discriminatory enforcement

Question 8

An order issued by a court requiring a municipality to perform the functions they were responsible to perform is known as a(n)____________.

Answer 8

writ of mandamus

Question 9

An act performed under the authority , policies and procedures of a supervisor, such as a building official, is known as a ________act.

Answer 9

ministerial

Question 10

Which of the following is not one of the six elements involved in preparing a typical complaint.
max allowable fine, description of violation, date and time of the offense, signature of the complaining witness

Answer 10

maximum allowable fine

Question 11

A judicial order that is issued after the court has heard all of evidence in the case is known as a _____________.

Answer 11

permanent injunction

Question 12

Which of the following is not a type of injunctive relief?
technical, temporary, permanent, temporary restraining order

Answer 12

a technical injunction

Question 13

An administrative decision that was made without reliance on either the law or the facts would typically be considered___________.

Answer 13

arbitrary or capricious

Question 14

Every order or decision by the building board of appeals must be __________.

Answer 14

in writing

Question 15

A violation observed while the building official is at a location where he or she is legally entitled to be is admissible of the _________doctrine.

Answer 15

plain view

Question 16

Courts will typically uphold retroactive portions of the building code if the building official can show that the building is __________.

Answer 16

hazardous

Question 17

Generally, when checking for violations at one address, the building official should also check for similar violations in the vicinity to avoid the claim of _________ enforcement.

Answer 17

discriminatory

Question 18

The first thing a person who receives a complaint should do is obtain______________.

Answer 18

as much information as possible

Question 19

Because it is the most difficult to demonstrate, the key element in convincing a judge to issue a temporary restraining order or temporary injunction is ___________.

Answer 19

immediate irreparable harm

Question 20

Written rules established by a building department that address applications not expressly resolved by the code are typically known as _____________.

Answer 20

administrative guidelines

Question 21

A hearsay statement is permissible in court when it is ___________.

Answer 21

an admission of a party involved

Question 22

The Board of Building Code Appeals usually derives its power from the _________________.

Answer 22

the building code

Question 23

The building official may enter a property without violating the Constitution when he/she _____________.

Answer 23

obtains the owner’s consent

Question 24

When preparing a civil complaint, the first decision that must be made is_________.

Answer 24

Who will be charged

Question 25

One of the most common areas of potential liability in the department of building safety is _______________.

Answer 25

plans examination