A state has adopted a building code and prohibits the adoption of a code by local governments. This is an example of which preemption?

A state has adopted a building code and prohibits the adoption of a code by local governments. This is an example of which preemption?

• A. Comprehensive preemption.
• B. Preemption for specific types of occupancy.
• C. Sovereign immunity.
• D. Common law.

Answer: (A)

Comprehensive preemption is being tested here. When a higher level of government takes over regulation of an entire subject area and prevents lower levels from enacting their own rules in that field, it’s comprehensive preemption. In this scenario, the state has adopted a statewide building code and explicitly bars local governments from adopting any code. That shows the state intends to regulate the whole field of building regulation with no local variation, leaving no room for local codes. The other options don’t fit. Preemption for specific types of occupancy would mean only certain kinds of buildings are affected, not the entire field. Sovereign immunity concerns a government’s immunity from lawsuits, not regulatory preemption. Common law refers to judge-made principles, not a deliberate statutory override of local authority in a broad regulatory area.

Comprehensive preemption is being tested here. When a higher level of government takes over regulation of an entire subject area and prevents lower levels from enacting their own rules in that field, it’s comprehensive preemption. In this scenario, the state has adopted a statewide building code and explicitly bars local governments from adopting any code. That shows the state intends to regulate the whole field of building regulation with no local variation, leaving no room for local codes.

The other options don’t fit. Preemption for specific types of occupancy would mean only certain kinds of buildings are affected, not the entire field. Sovereign immunity concerns a government’s immunity from lawsuits, not regulatory preemption. Common law refers to judge-made principles, not a deliberate statutory override of local authority in a broad regulatory area.