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Town of Millville, DE
Sussex County
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[HISTORY: Adopted by the Town Council of the Town of Millville 3-8-2005. Amendments noted where applicable.]
GENERAL REFERENCES
Dangerous buildings — See Ch. 54.
Moving of buildings — See Ch. 58.
Construction hours — See Ch. 72.
Property maintenance — See Ch. 111.
Subdivision of land — See Ch. 125.
Zoning — See Ch. 155.
A. 
The International Building Code (hereinafter "IBC"), Chapters 1 through 26 and Chapter 35, 2021 Edition and future editions, is adopted as the building standard(s) for construction in the Town of Millville, as adopted by the Town Council, as it relates to the following structures: multifamily residential dwellings, assembly occupancy, business occupancy, educational occupancy, hazardous occupancy, factory occupancy, industrial occupancy, institutional occupancy, mercantile occupancy and storage occupancy.
[Amended 12-14-2010 by Ord. No. 11-03; 7-9-2013 by Ord. No. 14-01; 10-11-2022 by Ord. No. 23-04]
B. 
IBC exemptions.
(1) 
"Farm buildings," defined as any nonresidential structures, that are located on a farm and are used in the farming operation (barns, sheds, poultry houses, swine houses, etc.), are exempt from the provisions of the IBC as regards construction, alteration or repair. Any reference to "farm buildings" in any chapter, section, paragraph, appendix or table in the IBC shall not be applicable.
(2) 
Land used for agricultural purposes shall be exempt from the provisions of the IBC as regards construction, alteration or repair. Land shall be deemed to be in agricultural use when devoted to the production for sale of plants and animals useful to man, including but not limited to forages and sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; or when devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government (9 Del. C. § 8330; 56 Del. Laws, c. 373, § 1).
(3) 
The obtaining of building permits for assessment purposes continues to remain in effect.
(4) 
Where the provisions of the IBC and the provisions of the Town of Millville Code conflict, the provisions contained in the Town of Millville Code shall control.
C. 
The provisions and regulations of the International Residential Code (hereinafter "IRC"), 2021 Edition and future editions, as adopted by the Town Council, as they relate to one-family and multifamily dwellings, are hereby adopted as the building standards for construction in the Town of Millville.[1]
[Amended 12-14-2010 by Ord. No. 11-03; 7-9-2013 by Ord. No. 14-01; 10-11-2022 by Ord. No. 23-04]
[1]
Editor's Note: Former Subsections D, IRC exemptions, and E, regarding codes adopted by the county, which immediately followed this subsection, were deleted 12-14-2010 by Ord. No. 11-03.
D. 
IRC exemptions:
[Added 7-9-2013 by Ord. No. 14-01]
(1) 
Automatic fire sprinkler systems. IRC § R313, Automatic Fire Sprinkler Systems, shall be exempted from one- and two-family dwellings and townhouses, provided the dwelling is no taller than two stories.
[Amended 10-11-2022 by Ord. No. 23-04[2]]
[2]
Editor's Note: This ordinance also repealed former Subsection D(1), Landings, and renumbered former Subsection D(2), (3) and (4) as Subsection D(1), (2) and (3), respectively.
(2) 
Footings and foundation and retaining walls. Notwithstanding the provisions of Chapter 4 of the IRC to the contrary, the following shall be the minimum requirement for footings and for foundation and retaining walls:
[Added 3-9-2021 by Ord. No. 21-07[3]]
(a) 
Footings shall be at least the minimum width and depth per the IRC, with a frost depth of 24 inches.
(b) 
Two No. 4 rebar shall be placed within the entire footing cavity and placed in the middle one-third of the footing.
(c) 
Poured concrete walls less than four feet in height require one No. 4 vertical rebar at least every eight feet and one No. 4 horizontal rebar in the entire top one-third of the wall.
(d) 
Poured concrete walls from four feet to six feet in height require one No. 4 vertical rebar at least every six feet, two No. 4 horizontal rebar, with one in the top one-third and the other in the bottom one-third, for the entire wall.
[3]
Editor's Note: This ordinance also provided for the renumbering of former Subsection D(3) as Subsection D(4).
(3) 
Where the provisions of the IRC and the provisions of the Town of Millville Code conflict, the provisions contained in the Town of Millville Code shall control.