Permit Technician Practice Test

If a state adopts a state building code and prohibits the local municipality from adopting its own building code, this is known as _____.

1. Preemption

2. Delegation

3. Local override

4. State mandate

The correct answer is: Preemption

When a state adopts a building code and restricts local municipalities from establishing their own building codes, this scenario is referred to as preemption. Preemption occurs when a higher level of government—such as the state—takes authority over a specific policy area, effectively nullifying or overriding the ability of lower levels of government (like cities or counties) to enact or enforce their own regulations. This situation ensures uniformity in building standards throughout the state, allowing for a consistent approach to safety, construction practices, and compliance. Local municipalities lose the jurisdiction to tailor their codes to fit the specific needs of their communities, as the state code becomes the prevailing authority. Understanding preemption is crucial for permit technicians, as it directly impacts the regulatory landscape in which they operate and the compliance they must ensure during the permitting process. The other terms, such as delegation, local override, and state mandate, refer to different concepts that do not accurately capture the essence of a state eliminating local authority over building codes.