If a local building department issues a certificate of occupancy despite no state authorization, this is an example of which power?

If a local building department issues a certificate of occupancy despite no state authorization, this is an example of which power?

• A. Inherent authority
• B. Express power
• C. Implied power
• D. Ultra vires action

Answer: (C)

Implied powers come into play when a government unit has duties that require action beyond what is explicitly written in statutes. A local building department is tasked with regulating construction and ensuring safe occupancy. Issuing a certificate of occupancy is a practical tool for enforcing safety standards and completing the regulatory process, even if there isn’t a separate, explicit statute naming that exact step. The authority to regulate construction and guarantee that a building is safe to occupy is the express duty, and the certificate of occupancy is an implicit way to carry out that duty. In this sense, the action is supported by implied power because it’s a reasonable means to fulfill the department’s statutory responsibilities. This isn’t about something the department inherently possesses by nature of government (inherent authority), nor is it simply a stated, explicit power (express power). It’s not necessarily ultra vires, unless the action exceeded or violated the governing statutes; here the CO serves to implement the safety and regulatory framework even if there isn’t a separately stated authorization for that specific step.

Implied powers come into play when a government unit has duties that require action beyond what is explicitly written in statutes. A local building department is tasked with regulating construction and ensuring safe occupancy. Issuing a certificate of occupancy is a practical tool for enforcing safety standards and completing the regulatory process, even if there isn’t a separate, explicit statute naming that exact step. The authority to regulate construction and guarantee that a building is safe to occupy is the express duty, and the certificate of occupancy is an implicit way to carry out that duty. In this sense, the action is supported by implied power because it’s a reasonable means to fulfill the department’s statutory responsibilities.

This isn’t about something the department inherently possesses by nature of government (inherent authority), nor is it simply a stated, explicit power (express power). It’s not necessarily ultra vires, unless the action exceeded or violated the governing statutes; here the CO serves to implement the safety and regulatory framework even if there isn’t a separately stated authorization for that specific step.