Specific authority to adopt a building code comes from the charter itself or from the state.

Specific authority to adopt a building code comes from the charter itself or from the state.

• A. Is an act of a home rule charter with unlimited powers
• B. Is an act of home rule charter with limited powers
• C. Is implied by general police powers
• D. Must come from federal legislation

Answer: (B)

Authority to adopt a building code for a local government comes from the charter that creates the municipality or from the state statutes that grant that authority, not from federal law. In a home-rule framework, the charter may give the city the power to regulate building safety, but that power is not unlimited; it is bounded by the state constitution and enabling statutes. That’s why the correct view is that this authority is exercised through an act of the home-rule charter with limited powers. Relying on general police power alone isn’t enough to establish a specific building code, because the police power is broad but does not-by-itself-create or authorize particular codes unless the charter or state law explicitly grants that authority. Federal legislation does not govern local building codes.

Authority to adopt a building code for a local government comes from the charter that creates the municipality or from the state statutes that grant that authority, not from federal law. In a home-rule framework, the charter may give the city the power to regulate building safety, but that power is not unlimited; it is bounded by the state constitution and enabling statutes. That’s why the correct view is that this authority is exercised through an act of the home-rule charter with limited powers.

Relying on general police power alone isn’t enough to establish a specific building code, because the police power is broad but does not-by-itself-create or authorize particular codes unless the charter or state law explicitly grants that authority. Federal legislation does not govern local building codes.