What are state requirements for building U.S. Post Office Building? Must a contractor still comply with local building requirements even though it is being built by a federal entity? ANSWER: Yes. But where local and federal standards conflict, the latter govern. 39 USC sec. 201; 39 USC sec. 40

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK . (501) 371-2007 - ATTORNEY GENERAL OPINION NO. 85-119 May 28, 1985 " Honorable Art Givens ~ a, oF State Representative, District 69 ead 1004 - 300 Spring Building Little Rock, Arkansas 72201 Dear Representative Givens: This is in response to your request for an opinion on the following question: When a contractor bids a job to build a U.S. Post Office, like they have recently done in Sherwood, Pulaski County, Arkansas, is the contractor required to abide by and comply with all of the state statutes, rules and regulations promulgated by any state agency and all local ordinances, rules and regulations promul- gated and published by the city in which the building is to be built? ts You add the information that the contractor who is building the post office in Sherwood is under the impression that because the building will ultimately by occupied by the U.S. Post Office that he is not required to submit to the State Health Department inspections of the plumbing, nor to obtain any permits from the City of Sherwood or submit to any of the normal and usual inspections conducted by the City of Sherwood for all structures constructed within Sherwood City limits. We further understand that the Postal Service owns the property and is contracting for the construction of the building. The Postal Service, an independent establishment of the federal government, 39 U.S.C. §201, is granted the power to construct buildings, 39 U.S.C. §40l1(g) and to determine the need for and to provide post offices as it determines are needed. 39 U.S.C. §404(a) (3). It appears from the foregoing sections that the Congress in- tended to vest in the Postal Service the power to determine the specifications of post office buildings. Regulation of building specifications of privately owned property is “generally vested in local governments. However, where such e 4H Honorable Art Givens May 28, 1985 Page 2 local regulation conflicts with federal law, the latter will prevail and the contractor is responsible for the standards imposed by the federal government rather than.jocal authori- ties. Miller v. Arkansas, 352 U.S. 187 (1956)"***The Postal Service interprets the law to make privately owned buildings leased to the Postal Service subject to local building standards. The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Thomas S. Gay. STH CLARK Attorney General Sincerely, JSC: TSG: jk