Absolute Immunity explicitly protects building officials from liability for which type of acts?

• A. Discretionary acts
• B. Mandatory acts
• C. Criminal acts only
• D. Non-discretionary acts

Answer: (A)

Discretionary acts are the type of acts protected by absolute immunity for building officials. This protection rests on the idea that decisions requiring judgment, interpretation, or policy considerations—such as deciding whether a code violation exists, what remedy to require, or how to enforce a code in a given situation—should be shielded from personal liability. It allows officials to apply laws and codes thoughtfully without fearing lawsuits for every enforcement choice.

Mandatory or non-discretionary acts, which are routine duties performed strictly by following rules (like completing a required inspection) aren’t covered because they don’t involve the same level of personal judgment. Criminal acts aren’t protected by this immunity either; liability can still attach for illegal conduct.