ICC LegalAspectsofCodeAdministration 2017
$25.73
Legal Aspects of Code Administration, 2017 Edition
| Published By | Publication Date | Number of Pages |
| ICC | 2017 | 209 |
Legal Aspects of Code Administration is an excellent starting point for building officials who want to become better acquainted with the duties and legal responsibilities of enforcing the building code. It is also designed to serve as a refresher for those preparing to take the legal module of the ICC Certified Building Official or Certified Fire Marshal, or both, examinations. Organized in a logical sequence, this book will take the reader from the earliest building codes to modern codes. Building officials must understand their role in shaping, administering, and enforcing the building code. As agents of state and local governments, building officials must also understand the law and execute their duties in accordance with prevailing statutory and case law. This book will examine and discuss those duties and allow building officials to become successful at their jobs. This updated edition includes recent court decisions affecting building officials. Topics discussed include: History and evolution of the building code Federal, state, and local legal considerations Administering and enforcing the code Constitutional authorities and limitations Fourth Amendment (search and seizure) issues Property law concepts Liability for intentional and negligent wrongdoing The public duty doctrine principle Federal civil rights considerations Taking a case to trial and being an effective witness Prevailing case law
PDF Catalog
| PDF Pages | PDF Title |
|---|---|
| 1 | 2017 LEGAL ASPECTS OF CODE ADMINISTRATION |
| 2 | LEGAL ASPECTS OF CODE ADMINISTRATION TITLE PAGE |
| 3 | COPYRIGHT |
| 4 | TABLE OF CONTENTS |
| 12 | PREFACE |
| 14 | CHAPTER 1 INTRODUCTION TOPICS TERMS |
| 15 | LITIGATION WAVE LEGAL CONCEPTS AND FACTUAL SITUATIONS |
| 16 | SUBSEQUENT CHAPTERS APPENDIX |
| 17 | INDEX OF TERMS |
| 18 | CHAPTER 2 HISTORICAL OVERVIEW TOPICS |
| 19 | INTRODUCTION EARLY BUILDING CODES |
| 20 | DEVELOPMENT OF MODERN CODES |
| 21 | CONCLUSION |
| 22 | CHAPTER 3 LOCAL GOVERNMENTAL LAW TOPICS TERMS |
| 23 | INTRODUCTION FORMS OF LOCAL GOVERNMENT COUNTIES |
| 24 | MUNICIPALITIES HOME RULE |
| 25 | DILLON’S RULE EXPRESSED POWER IMPLIED POWER ESSENTIAL AND INDISPENSABLE ENABLING LEGISLATION |
| 26 | ULTRA VIRES LEGISLATION |
| 27 | HOME RULE MUNICIPALITIES |
| 28 | LOCAL ADOPTION OF A BUILDING CODE |
| 29 | CONCLUSION |
| 32 | CHAPTER 4 STATE LEGISLATIVE LAW TOPICS TERMS |
| 33 | INTRODUCTION ENABLING LEGISLATION |
| 34 | STATE BUILDING CODES |
| 35 | RELATED LEGISLATIVE PROVISIONS THE FIRE CODE ZONING ORDINANCES STORM WATER MANAGEMENT |
| 36 | PREEMPTION |
| 37 | SOVEREIGN IMMUNITY |
| 38 | CHAPTER 5 FEDERAL LEGISLATIVE LAW TOPICS TERMS |
| 39 | INTRODUCTION ROLE OF THE FEDERAL GOVERNMENT |
| 40 | THE CONSUMER PRODUCT SAFETY ACT CONSUMER PRODUCT SAFETY COMMISSION |
| 41 | CPSC AND THE BUILDING OFFICIAL |
| 42 | IMMUNITY CONCLUSION |
| 43 | CHAPTER 5 ENDNOTES |
| 44 | CHAPTER 6 ADMINISTRATION AND ENFORCEMENT TOPICS TERMS |
| 45 | INTRODUCTION PERMIT ISSUANCE |
| 46 | PERMIT REVOCATION |
| 47 | THEORIES |
| 49 | DISCLAIMERS |
| 52 | INSPECTION |
| 53 | ADMINISTRATIVE SEARCH WARRANTS |
| 54 | PLANS EXAMINATION |
| 55 | CIVIL PROSECUTIONS 1. NAME OF PERSON OR ENTITY TO BE CHARGED |
| 56 | 2. DESIGNATING THE CHARGE |
| 57 | 3. BODY OF THE CHARGE 4. DATE AND TIME OF THE OFFENSE 5. SIGNATURE OF THE COMPLAINING WITNESS 6. NOTARY OR AFFIDAVIT |
| 58 | INJUNCTIVE RELIEF TYPES |
| 59 | SEEKING A TEMPORARY RESTRAINING ORDER OR INJUNCTION |
| 60 | HANDLING COMPLAINTS |
| 61 | EVIDENCE ADMINISTRATIVE GUIDELINES |
| 62 | DEBRY V. NOBLE |
| 64 | CONCLUSION |
| 65 | CHAPTER 6 ENDNOTES |
| 66 | CHAPTER 7 ADMINISTRATIVE LAW TOPICS TERMS |
| 67 | INTRODUCTION CREATION OF THE BOARD OF BUILDING CODE APPEALS APPLICATION TO THE BOARD |
| 68 | POWERS OF THE BOARD INTERNATIONAL BUILDING CODE® (IBC®) |
| 69 | IMPACT ON JUDICIAL REVIEW |
| 70 | APPEALS PROCEDURES RULES OF PROCEDURE OPEN PUBLIC MEETINGS |
| 71 | NOTICE BURDEN AND PRESENTATION OF PROOF |
| 73 | GRANTING REMEDIES ADMINISTRATIVE DISCRETION REHEARINGS ORDERS |
| 74 | CONCLUSION |
| 76 | CHAPTER 8 CONSTITUTIONAL LAW TOPICS TERMS |
| 77 | INTRODUCTION SEARCH AND SEIZURE |
| 78 | MODEL CODE PROVISIONS AND CAMARA |
| 80 | CONSENT AUTHORITY TO CONSENT |
| 84 | SCOPE OF THE CONSENT VOLUNTARY AND INTELLIGENT |
| 85 | THE PLAIN VIEW DOCTRINE |
| 87 | EMERGENCIES |
| 89 | HEAVILY REGULATED BUSINESSES |
| 90 | ABANDONED BUILDINGS |
| 91 | WARRANTS |
| 93 | SUBSTANTIVE DUE PROCESS |
| 94 | RETROACTIVE CODE PROVISIONS |
| 96 | EQUAL PROTECTION CLAUSE FACIAL VALIDITY |
| 97 | DISCRIMINATORY ENFORCEMENT |
| 98 | CONCLUSION |
| 99 | CHAPTER 8 ENDNOTES |
| 102 | CHAPTER 9 RELATED PROPERTY LAW CONCEPTS TOPICS TERMS |
| 103 | INTRODUCTION ZONING ORDINANCES |
| 105 | COVENANTS |
| 107 | EASEMENTS |
| 109 | OWNERSHIP TRANSFER |
| 111 | COMMON PROPERTY RIGHTS |
| 112 | SUBDIVISION REGULATIONS |
| 113 | CONCLUSION |
| 114 | CHAPTER 9 ENDNOTES |
| 116 | CHAPTER 10 LIABILITY FOR INTENTIONAL WRONGDOING TOPICS TERMS |
| 117 | INTRODUCTION DISTINCTION BETWEEN GOVERNMENTAL AND OFFICIAL LIABILITY |
| 118 | INTENTIONAL TORTS MALICIOUS PROSECUTION |
| 119 | 1. THE INSTITUTION OF CRIMINAL, CIVIL, OR ADMINISTRATIVIE PROCEEDINGS |
| 120 | 2. TERMINATION OF THE PROCEEDING IN FAVOR OF THE ACCUSED |
| 121 | 3. ABSENCE OF PROBABLE CAUSE |
| 122 | 4. MALICE |
| 123 | AN EXAMPLE |
| 124 | ABSOLUTE IMMUNITY |
| 125 | WRONGFUL CIVIL PROCEEDINGS ABUSE OF PROCESS |
| 126 | FALSE IMPRISONMENT |
| 127 | INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS ASSAULT AND BATTERY |
| 128 | TRESPASS |
| 132 | CONCLUSION CHAPTER 10 ENDNOTES |
| 134 | CHAPTER 11 NEGLIGENT WRONGDOING TOPICS TERMS |
| 135 | INTRODUCTION ELEMENTS OF NEGLIGENCE |
| 136 | THE PUBLIC DUTY DOCTRINE |
| 138 | BREACH OF DUTY |
| 139 | DAMAGES OR INJURY CAUSATION IN FACT PUBLIC POLICY CONSIDERATIONS |
| 140 | DEFENSES CONTRIBUTORY NEGLIGENCE COMPARATIVE NEGLIGENCE |
| 141 | ASSUMPTION OF RISK STATUE OF LIMITATIONS |
| 142 | IMMUNITIES |
| 143 | STATE TORT LIABILITY ACTS DEBRY V. NOBLE |
| 144 | CALIFORNIA TORT CLAIMS ACT OF 1963 NEW JERSEY TORT CLAIMS ACT OF 1972 |
| 147 | INDEMNIFICATIOIN AND INSURANCE |
| 148 | CRIMINAL NEGLIGENCE |
| 149 | CONCLUSION CHAPTER 11 ENDNOTES |
| 152 | CHAPTER 12 CIVIL RIGHTS ACTIONS TOPICS TERMS |
| 153 | INTRODUCTION |
| 154 | THE CIVIL RIGHTS ACT OF 1871 (42 U.S.C.A. SECTION 1983)1 “UNDER COLOR OF STATE LAW” |
| 155 | ESTABLISHING MUNICIPAL LIABILITY |
| 156 | DEPRIVATION OF FEDERAL CONSTITUTIONAL OR STATUTORY RIGHTS |
| 157 | IMMUNITIES CASE STUDY HILDA V. BROWN |
| 158 | PERTINENT FACTS OF THE CASE |
| 159 | CASE ANALYSIS INDIVIDUAL DEFENDANTS’ CLAIMS OF QUALIFIED IMMUNITY |
| 160 | LIABILITY OF THE COUNTY DEFENDANTS |
| 161 | NEGLIGENT HOMICIDE CASE |
| 162 | THE FAIR HOUSING ACT |
| 164 | THE AMERICANS WITH DISABILITIES ACT THE ATTORNEY’S FEE AWARD ACT (SECTION 1988) |
| 165 | CONCLUSION CHAPTER 12 ENDNOTES |
| 168 | CHAPTER 13 THE ROLE OF THE WITNESS TOPICS TERMS |
| 169 | INTRODUCTION FACT WITNESS |
| 171 | GUIDELINES FOR WITNESSES |
| 174 | SEQUESTRATION OF WITNESSES |
| 175 | EXPERT WITNESS |
| 178 | CONSULTING EXPERTS ORDER OF THE COURT |
| 179 | CONCLUSION |
| 180 | APPENDIX A FACTS ABOUT PREGNANCY DISCRIMINATION HIRING PREGNANCY AND MATERNITY LEAVE |
| 181 | CHILD CARE HEALTH INSURANCE FRINGE BENEFITS FILING A CHARGE |
| 184 | APPENDIX B FACTS ABOUT SEXUAL HARASSMENT |
| 185 | FILING A CHARGE |
| 186 | APPENDIX C FACTS ABOUT RELIGIOUS DISCRIMINATION |
| 187 | FILING A CHARGE |
| 188 | APPENDIX D FACTS ABOUT THE AMERICANS WITH DISABILITIES ACT |
| 189 | MEDICAL EXAMINATIONS AND INQUIRIES DRUG AND ALCOHOL ABUSE EEOC ENFORCEMENT OF THE ADA FILING A CHARGE |
| 190 | APPENDIX E FACTS ABOUT NATIONAL ORIGIN DISCRIMINATION SPEAK-ENGLISH-ONLY RULE ACCENT |
| 191 | HARASSMENT IMMIGRATION-RELATED PRACTICES THAT MAY BE DISCRIMINATORY FILING A CHARGE |
| 194 | INDEX OF TERMS |
| 206 | ICC PLAN REVIEW SERVICES |
| 207 | HAVE YOU SEEN ICC’S DIGITAL LIBRARY LATELY? |
| 209 | INTRODUCING THE ICC ASSESSMENT CENTER, FEATURING PRONTO™ |
