ICC Permit Technician Practice Exam

If a municipality adopts a building code without enabling legislation, the courts may declare this a(n) ___ action.

1. Statutory

2. Ultra vires

3. Enabling

4. Selective enforcement

The correct answer is: Ultra vires

When a municipality enacts a building code without the necessary enabling legislation, it may engage in an action deemed "ultra vires." This term, originating from Latin, means "beyond the powers." In legal contexts, it refers to actions taken by an entity that exceed the scope of power granted to it by laws or governing authorities. A municipality typically requires enabling legislation, which is legislative authority that allows it to adopt specific rules or regulations. Without this authority, the court may determine that the municipality's actions lack legal validity and fall outside their jurisdiction. In contrast, the other terms do not adequately describe this scenario. "Statutory" pertains to actions explicitly defined and authorized by statute, while "enabling" refers to the legislative framework that grants the authority in the first place. "Selective enforcement" involves the arbitrary application of code provisions, which does not accurately reflect the context of adopting an unauthorized building code. Thus, the recognition of an ultra vires action serves to uphold the legal principle that municipalities must operate within the bounds of the law.