[HISTORY: Adopted by the County Council of
Sussex County as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-19-1989 by Ord. No. 617 [1]]
[1]
Editor's Note: Section 6 of this ordinance
provided that it shall take effect on 1-15-1990 for two-family residential
structures, multifamily residential dwellings and business, commercial
and industrial structures and on 6-30-1990 for single-family residential
structures.
[Amended 2-15-2005 by Ord. No. 1754; 6-4-2013 by Ord. No.
2307]
A.
The International Building Code (hereinafter "IBC"), Chapters 1 through 26, 2021 Edition, as promulgated, after 60 days subsequent to the nonchallenged publication of the edition, is hereby adopted as the building standard for construction in Sussex County as it relates to the following structures: multifamily residential dwellings, assembly occupancy, business occupancy, educational occupancy, hazardous occupancy, factory industrial occupancy, institutional occupancy, mercantile occupancy and storage occupancy.
[Amended 8-9-2022 by Ord. No. 2851]
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. 1953 § 8330B; 56 Del. laws, C. 373, Section 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 Sussex County Code conflict, the provisions contained in the
Sussex County Code shall control.
C.
The provisions and regulations of the International Residential Code, Chapters 1 through 10, 2021 Edition, (hereinafter "IRC"), as promulgated after 60 days subsequent to the nonchallenged publication of the edition, as they relate to one- and two-family dwellings, are hereby adopted as the building standards for construction in Sussex County.
[Amended 8-9-2022 by Ord. No. 2851
D.
IRC exemptions.
[Amended 8-9-2022 by Ord. No. 2851]
(1)
Carports. Carports less than 400 square feet in size are excluded
from inspections.
(2)
Automatic fire sprinkler systems, IRC § R313. Automatic
fire sprinkler systems shall be exempted from one- and two-family
dwellings and townhouses.
(3)
Where the provisions of IRC and the provisions of the Sussex County
Code conflict, the provisions contained in the Sussex County Code
shall control.
The provisions embraced within this chapter,
its sections and subsections shall constitute and be known and may
be cited as the "Building Code," hereinafter referred to as "this
code."
This code is hereby declared to be remedial
and shall be construed to secure the beneficial interest and purposes
thereof, which are public safety, health and general welfare, through
structural strength, stability, sanitation, adequate light and ventilation
and safety to life and property from fire and other hazards incident
to the construction, alteration, enlargement, repair, removal, demolition
and occupancy of buildings, structures or premises.
A.
The provisions of this code shall apply to the construction,
alteration, repair, equipment, occupancy, location, removal and demolition
of every building or structure or any appurtenances connected or attached
to such buildings or structures not specifically exempt from the provisions
of this chapter.
B.
The provisions of this code shall not be held to deprive
any federal or state agency, or any applicable governing body having
jurisdiction, of any power or authority which it had on the effective
date of this chapter or of any remedy then existing for the enforcement
of its orders, nor shall it deprive any individual or corporation
of its legal rights as provided by law.
[Amended 2-15-2005 by Ord. No. 1754]
A.
If, within any twelve-month period, alterations or
repairs in excess of 75% of the square footage, as calculated by the
building perimeter, are made to an existing building, such building
shall be made to conform to the requirements of this code for new
buildings and also, for any building located in an established fire
district, the applicable provisions of the IBC.
B.
If an existing building is damaged by fire or otherwise
in excess of 75% of the square footage, as calculated by the building
perimeter, before such damage is repaired, it shall conform to the
requirements of this code for new buildings.
C.
If the nature of occupancy of an existing building
is entirely changed, the building shall be made to conform to the
requirements of this code for the new occupancy. If the occupancy
of only a portion of an existing building is changed and that portion
is separated from the remainder as stipulated in the IBC or IRC, as
appropriate, then only such portion need be made to conform.
D.
Repairs and alterations not covered by the preceding
subsections of this section, such as restoring a building to its condition
previous to damage or deterioration or altering it in conformity with
the provisions of this code or in such manner as will not extend or
increase an existing nonconformity or hazard, may be made with the
same kind of materials as those of which the building was originally
constructed.
The provisions of this code relating to the
construction, alteration, repair, enlargement, restoration, relocation
or moving of buildings or structures shall not be mandatory for existing
buildings or structures identified and classified by the federal,
state or local jurisdiction as historic buildings.
A.
Enforcement of the code will be the responsibility
of the Director of Assessment.
B.
The Sussex County Council may appoint a Building Official,
who shall serve at the direction of the County Administrator and the
Director of Assessment. The Building 0fficial shall be appointed solely
on the basis of his qualifications and past experience. His appointment
shall continue during good behavior and satisfactory service.
C.
The Sussex County Council may hire Deputy Building
Officials as deemed necessary.
An officer or employee connected with Building
Code enforcement, except one whose only connection is as a member
of the Board established by this chapter, shall not be financially
interested in the furnishing of labor, material or appliances for
the construction, alteration or maintenance of a building or in the
making of plans or of specifications therefor, unless he is the owner
of such building. Such officer or employee shall not engage in any
work which is inconsistent with his duties or with the interest of
the Department.
The Building Official shall keep or cause to
be kept a record of the business of the Department. The records of
the Department shall be open to public inspection.
The Building Official or his designee shall
enforce the provisions of this code, and he or his duly authorized
representative may enter, during construction, alteration or repair,
any building, structure or premises to perform any duty imposed upon
him by this code.
Upon notice from the Building Official, work
on any building or structure that is being done contrary to the provisions
of this code or in a dangerous or unsafe manner shall be immediately
stopped. Such notice shall be in writing and shall be given to the
owner of the property or to his agent or to the person doing the work
and shall state the conditions under which work may be resumed. Where
an emergency exists, written notice shall not be required to be given
by the Building Official. Stop-work orders shall be approved prior
to issuance by the County Administrator in all cases.
The Building Official may revoke a permit or
approval issued under the provisions of this chapter in case there
has been any false statement or misrepresentation as to a material
fact in the application or plans on which the permit or approval was
based.
[Amended 2-15-2005 by Ord. No. 1754]
The provisions of this code are not intended
to prevent the use of any material or method of construction not specifically
prescribed by this code, provided that any such alternate has been
approved and its use authorized by the Building Official. The Building
Official shall approve any such alternate, provided that he finds
that the proposed design is satisfactory and complies with the provisions
of the IRC or IBC, as appropriate, and that the material, method or
work offered is, for the purpose intended, at least the equivalent
of that prescribed in the code in quality, strength, effectiveness,
fire resistance, durability and safety.
Any officer or employee or member of the Board
of Adjustments and Appeals charged with the enforcement of this code,
acting for the applicable governing body in the discharge of his duties,
shall not thereby render himself liable personally, and he is hereby
relieved from all personal liability for any damage that may accrue
to persons or property as a result of any act required or permitted
in the discharge of his duties. Any suit brought against any officer
or employee because of such act performed by him in the enforcement
of any provisions of this code shall be defended by the County Department
of Law until the final termination of the proceedings.
The Building 0fficial shall quarterly submit
a report to the County Administrator covering the work of the Department
during the preceding year. He shall incorporate in said report a summary
of the decisions of the Board of Adjustment and Appeals during said
year.
A.
Any owner, authorized agent or contractor who desires
to construct, enlarge, alter, repair, move, demolish or change the
occupancy of a building or structure or to erect or construct a sign
of any description or to install or alter fire-extinguishing apparatus,
elevators or engines or to install a steam boiler, furnace, heater,
incinerator or other heat-producing apparatus or other appurtenances,
the installation of which is regulated by this code, or to cause any
such work to be done shall first make application to the Building
Official and obtain the required permit therefor.
B.
A general permit shall carry with it the right to
install, in any building or structure or part thereof, heating apparatus,
elevators, sidewalk elevators, vaults, chutes, coal holes, lifts,
cranes, derricks, steam-power boilers or steam, oil, gas or vapor
engines, provided that the same are shown on the drawings and set
forth in the specifications filed with the application for the permit.
C.
When application for a permit pursuant to Subsection A of this section has been filed and pending issuance of such permit, the Building Official or his designee may, at his discretion, issue a special permit for the foundation of the building or structure. The holder of such special permit shall proceed at his own risk and without assurance that any further permit, including a permit for the superstructure, will be granted.
[Added 7-30-1991 by Ord. No. 777]
A.
Each application for a permit with the required fee
shall be filed with the Building Official or his designee on a form
furnished for that purpose and shall contain a general description
of the proposed work and its location. The application shall be signed
by the owner or his authorized agent.
B.
Each application for a permit shall indicate the proposed
occupancy of all parts of the building and of that portion of the
site or lot, if any, not covered by the building or structure and
shall contain such other information as may be required by the county.
[Amended 2-15-2005 by Ord. No. 1754]
A.
When required by the Building Official, two or more
copies of specifications and of drawings drawn to scale with sufficient
clarity and detail to indicate the nature and character of the work
shall accompany every application. Such drawings and specifications
shall contain information, in the form of notes or otherwise, as to
the quality of materials where quality is essential to conformity
with this code. Such information shall be specific, and this code
shall not be cited as a whole or in part nor shall the term "legal"
or its equivalent be used as a substitute for specific information.
B.
The Building Official may require details, computation,
stress diagrams and other data necessary to describe the construction
and basis of calculations, and they shall bear the signature of the
person responsible for the design.
C.
All drawings, specifications and accompanying data
shall bear the name and address of the registered architect and/or
licensed engineer. All drawings, specifications and accompanying data
submitted for review by the Building Official and any documents submitted
to the Building Official with a permit application shall meet the
requirements of the Delaware Code. Said drawings, specifications and
accompanying data shall have affixed upon them the official seal of
an architect and/or engineer legally registered or licensed under
the applicable laws of the State of Delaware. The Building Official
is authorized to waive the submission of drawings, specifications
and accompanying data not required to be prepared by a registered
design professional if it is found the nature of the work applied
for is such that review of data is not necessary to obtain compliance
with this Code and the provisions of 24 Delaware Code, Chapters 3
and 28.
[Amended 1-28-2014 by Ord. No. 2335[1]]
[1]
Editor's Note: This ordinance provided an effective date of
5-1-2014.
D.
Plans for all buildings shall indicate how required
structural and fire-resistive integrity will be maintained where a
penetration of a required fire-resistive wall, floor or partition
will be made for electrical, mechanical, plumbing and communication
conduits, pipes and systems and also indicate in sufficient detail
how the fire integrity will be maintained where required fire-resistive
floors intersect the exterior walls.
E.
Construal.
[Amended 1-28-2014 by Ord. No. 2335[2]]
(1)
Nothing in this section is to be construed as a requirement that
an architect is required to develop drawings and/or specifications
and affix an official seal for any activities that would constitute
the practice of architecture, if performed in connection with any
of the following:
(a)
Single and two-family dwellings, and any sheds, storage buildings
and garages incidental to such dwellings;
(b)
Farm buildings, including barns, silos, sheds or housing for
farm equipment and livestock, provided such structures are designed
to be occupied by no more than 10 persons; or
(c)
Any alteration, renovation or remodeling of a structure when
such alteration, renovation or remodeling does not affect structural
or other safety features of the structure and when the work contemplated
by the design does not require the issuance of a permit under applicable
building codes.
(2)
Nothing in this section is to be construed as a requirement that
an engineer is required to develop drawings and/or specifications
and affix an official seal for any activities that do not constitute
the practice of engineering as defined by the Delaware Code.
[2]
Editor's Note: This ordinance provided an effective date of
5-1-2014.
An application for a permit for any proposed
work shall be deemed to have been abandoned 12 months after the date
of filing. unless before then a permit shall have been issued, provided
that, for cause. one or more extensions of time for periods of not
exceeding 90 days each may be allowed by the Building Official.
The Building Official or his designee shall
examine or cause to be examined each application for a permit and
the drawings and computations filed therewith and shall ascertain
by such examinations whether the construction indicated and described
is in accordance with the requirements of this code and all other
pertinent laws or ordinances.
A.
A person, firm or corporation shall not erect, construct,
enlarge, alter, repair, move, improve, remove, convert or demolish
any building or structure in the applicable jurisdiction or cause
the same to be done without first obtaining a separate building permit
for such building or structure from the Building Official or his designee.
B.
If the Building Official or his designee is satisfied
that the work described in an application for the permit and the drawings
filed therewith conform to the requirements of this code and other
pertinent laws and ordinances, he shall issue a permit therefor to
the applicant.
C.
If the application for a permit and drawings filed
therewith describe work which does not conform to the requirements
of this code or other pertinent laws and ordinances, the Building
Official or his designee shall not issue a permit but shall return
the drawings to the applicant with his refusal to issue such permit.
Such refusal shall be in writing and shall contain the reasons therefor.
A.
The Building Official shall act upon an application
for a permit with plans as filed or as amended without unreasonable
or unnecessary delay; but within 15 working days, said permit for
a multifamily residential dwelling, assembly occupancy, business occupancy,
educational occupancy, hazardous occupancy, factory industrial occupancy,
institutional occupancy, mercantile occupancy or storage occupancy
project shall be acted upon by the Building Official or his designee,
or the applicant will be considered to have been granted a permit
to proceed. An application for permit for a one- or two-family dwelling
shall be acted on within five working days, or the applicant will
be considered to have been granted a permit to proceed.
B.
A permit issued shall be construed to be a license
to proceed with the work and shall not be construed as authority to
violate, cancel, alter or set aside any of the provisions of this
code, nor shall such issuance of a permit prevent the Building Official
or his designee from thereafter requiring a correction of errors in
plans or in construction or of violations of this code.
C.
Every permit issued shall become invalid unless the
work authorized by such permit is commenced within 12 months after
its issuance or if the work authorized by such permit is suspended
or abandoned for a period of 12 months after the time the work is
commenced. One twelve-month extension will be allowed.
D.
The review fee will be 25% of the initial fee.
When the Building Official issues a permit,
he shall endorse, in writing or stamp, both sets of plans "Reviewed
for Code Compliance." One set of drawings so reviewed shall be retained
by the Building Official, and the other set shall be returned to the
applicant. The reviewed drawings shall be kept at the site of the
work and shall be open to inspection by the Building Official or his
authorized representative.
[Amended 4-7-1992 by Ord. No. 821; 8-3-1993 by Ord. No.
912; 7-23-1996 by Ord. No. 1096; 9-20-2005 by Ord. No. 1791]
B.
Single-family dwellings.
(1)
A fee shall be charged for plan review and inspection
for each single-family dwelling, according to the following schedule:
|
Size or Type
(square footage)
|
Fee
| |
|---|---|---|
|
0 to 599
|
$120.00
| |
|
600 to 2,349
|
$205.00
| |
|
2,350 to 2,999
|
$230.00
| |
|
3,000 to 3,499
|
$255.00
| |
|
3,500 to 3,999
|
$280.00
| |
|
4,000 to 4,499
|
$305.00
| |
|
4,500 to 4,999
|
$330.00
| |
|
5,000 to 5,999
|
$450.00
| |
|
6,000 and above
|
$550.00
| |
|
Modular home
|
$150.00
| |
|
Modular with additions
|
$190.00
|
(2)
Square footage is based on the area to be constructed
and/or area to be renovated. The above fee schedule provides plan
review and up to five on-site inspections. Any additional inspections
required shall be charged $40 per visit.
C.
A fee of .005 of the construction costs shall be charged
for plan review and inspection of each assembly, occupancy, business
occupancy, educational occupancy, hazardous occupancy, factory industrial
occupancy, institutional occupancy, mercantile occupancy, storage
occupancy and multifamily buildings; provided, however, that there
shall be charged a minimum fee of $120.
The Building Official shall keep a permanent
and accurate accounting of all permit fees and other moneys collected,
the names of all persons upon whose account and same were paid and
the date and amount thereof.
A.
On all buildings, structures or alterations requiring a building permit, as set forth in §§ 52-16 through 52-20, or any other structure, building, edifice or part thereof a fee for each building permit shall be paid as required at the time of filing application, in accordance with the schedule as established by resolution of the Sussex County Council.[1] The building permit fees provided in this section are separate and distinct fees from the fees prescribed in § 52-24.
B.
If, in the opinion of the Building Official or his
designee, the valuation of a building, alteration or structure appears
to be underestimated on the application, the permit shall be denied,
unless the applicant can show detailed estimated cost to meet the
approval of the Building Official or his designee. Permit valuations
shall include the total cost, such as plumbing, electrical and mechanical
equipment and other systems.
[Amended 2-15-2005 by Ord. No. 1754]
A.
Before issuing a permit, the Building Official or
his designee may examine or cause to be examined any building for
which an application has been received for a permit to enlarge, alter,
repair, move, demolish or change the occupancy thereof. He shall inspect
all buildings and structures, as listed in this chapter, from time
to time, during and upon completion of the work for which a permit
was issued. He shall make a record of every such examination and inspection
and of all violations of this code.
B.
When deemed necessary by the Building Official, he
shall make inspection of materials or assemblies at the point of manufacture
or fabrication. He shall make a record of every such examination and
inspection of all violation(s) of this code.
C.
The Building Official may make or cause to be made
the inspections required by this section. He shall accept reports
of inspectors of recognized inspection services. A certificate called
for by any provision of these requirements shall not be based on such
reports unless the same are in writing and signed by a responsible
officer of such service.
D.
The Building Official shall inspect or cause to be
inspected, with a forty-eight-hour notice, at various intervals, all
construction or work for which a permit is required, and a final inspection
shall be made of every building or structure upon completion, prior
to the issuance of the certificate of occupancy.
E.
Work requiring a building permit shall not be commenced
until the permit holder or his agent shall have posted the building
permit card in a conspicuous place on the front of the premises. The
permit shall be protected from the weather and located in such position
as to permit the Building Official or his designee to conveniently
make the required entries thereon. This permit card shall be maintained
in such position by the permit holder until the certificate of occupancy
has been issued by the Building Official or his designee.
F.
The Building Official or his designee, upon a forty-eight-hour
notification from the permit holder or his agent, shall make the following
inspections of buildings and such other inspections as may be necessary
and shall either approve that portion of the construction as completed
or shall notify the permit holder or his agent wherein the same fails
to comply with the law:
(1)
Foundation inspection: to be made after trenches are
excavated and forms erected, with a forty-eight-hour notice.
(2)
Frame inspection: to be made after a roof, all framing,
fire blocking and bracing is in place and all pipes, chimneys and
vents are complete, with a forty-eight-hour notice.
(3)
Final inspection: to be made after the building is
completed and ready for occupancy, with a forty-eight-hour notice.
G.
No frame inspections on modular homes or sectional homes are required, provided that a certified inspection agency has performed an inspection pursuant to the IRC requirements specified in § 52-1C of this chapter or pursuant to a code which, in the written opinion of the Building Code Official, equals or exceeds the IRC. The Building Code Official is authorized to certify, in writing, and upon diligent investigation, approved inspection agencies. The Building Code Official shall request inspection reports from the inspection agency on a monthly basis. Notwithstanding the requirements of this section, the Building Code Official may require an inspection of sectional or modular structures by county officials at any time and without cause, pursuant to the conditions and requirements of § § 52-2 through 52-33 of this chapter.
H.
Work shall not be done on any part of a building or
structure beyond the point indicated in each successive inspection
without first obtaining the written approval of the Building Official
or his designee. Such written approval shall be given only after an
inspection shall have been made of each successive step in the construction
as indicated by each of the foregoing three inspections. Inspections
should proceed without unreasonable or unnecessary delay.
I.
Reinforcing steel or structural framework of any part
of any building or structure shall not be covered or concealed in
any manner whatsoever without first obtaining the approval of the
Building Official or his designee.
J.
In all buildings where plaster is used for fire-protection
purposes, the permit holder or his agent shall notify the Building
Official after all lathing and backing is in place. Plaster shall
not be applied until the approval of the Building Official or his
designee has been received.
A.
A new building shall not be occupied nor shall a change
be made in occupancy or the nature or the use of a building or part
of a building until after the Building Official or his designee shall
have issued a certificate of occupancy therefor.
B.
A temporary certificate of occupancy may be issued
for a portion or portions of a building which may safely be occupied
prior to final completion of the building.
A.
Establishment; membership. There is hereby established
a Building Code Board to be called the "Board of Adjustments and Appeals,"
which shall consist of five members who are presently serving on the
preexisting Board established under Ordinance No. 87.[1] Said Board shall be appointed by the Sussex County Council.
Such Board shall be composed of one representative of the Sussex County
fire service, one representative of the home-building industry and
three representatives of the general public. The representatives of
the fire service and home builders may be selected by the Sussex County
Council from a list of names provided to it by each of these groups.
The representatives of the general public shall not be members of
the above-listed groups. No more than three members of the Board shall
be associated with the same political party.
[1]
Editor's Note: Ordinance No. 87 was superseded
by this chapter.
B.
Terms of office; officers; vacancies; removal from
office.
(1)
Of the members first appointed, two shall be appointed
for terms of one year, two for terms of two years and one for a term
of three years, and thereafter they shall be appointed for terms of
four years.
(2)
A Chairman shall be elected by a majority of the membership
of the Board. The Chairman shall serve for a one-year term.
(3)
Vacancies shall be filled for an unexpired term in
the manner in which original appointments are required to be made.
(4)
Continued absences of any member from regular meetings
of the Board shall, at the discretion of the Sussex County Council,
render any such member liable to immediate removal from office.
C.
Quorum; personal interest.
(1)
Three members of the Board shall constitute a quorum. In varying the application of any provisions of this code or in modifying an order of the Building Office or affirming or denying a decision of the Constable under § 80-4F, affirmative votes of the majority present, but not less than three affirmative votes, shall be required.
[Amended 9-22-2020 by Ord. No. 2737]
(2)
A Board member shall not act in a case in which he
has a personal interest.
D.
Records. The Building Official shall act as Secretary
of the Board of Adjustments and Appeals and shall make a detailed
record of all of its proceedings, which shall set forth the reasons
for its decisions, the vote of each member participating therein,
the absence of a member and any failure of a member to vote.
E.
Procedure. Except as otherwise provided in § 80-4F, pertaining to appeals from Constable's decisions, the Board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this Code. The Board shall meet as necessary, as determined by the Chairman. In any event, the Board shall meet within 15 days after notice of appeal has been received or may meet on a date agreeable to the Board and the appellant. The Board shall also review any proposed changes in this Code and make recommendations to the County Council.
[Amended 9-22-2020 by Ord. No. 2737]
[Amended 6-27-2006 by Ord. No. 1855; 9-22-2020 by Ord. No. 2737]
A.
Appeals from decision of Building Official. Whenever
the Building Official shall reject or refuse to approve the mode or
manner of construction proposed to be followed or materials to be
used in the erection or alteration of a building or structure or when
it is claimed that the provisions of this Code do not apply or that
an equally good or more desirable form of construction can be employed
in any specific case or whether it is claimed that the true intent
and meaning of this Code or any of the regulations thereunder have
been misconstrued or wrongly interpreted, the owner of such building
or structure or his duly authorized agent may appeal from the decision
of the Building Official to the Board of Adjustments and Appeals.
Notice of appeal shall be in writing and filed within 90 days after
the decision is rendered by the Building Official. A fee of $600 shall
accompany such notice of appeal.
B.
Shorter appeal period for unsafe structure. In case
of a building or structure which, in the opinion of the Building Official,
is unsafe or dangerous, the Building Official may, in his order, limit
the time for such appeal to a shorter period. Appeals hereunder shall
be on forms provided by the Building Official.
C.
Appeals from decisions of Constable. As set forth in Chapter 80, § 80-4F, Administrative appeal, the Board of Adjustments and Appeals shall have the authority to hear appeals from Constable decisions that a violation has occurred under Chapter 80 and § 115-191 and its subsections. § 80-4F. shall govern the appeal procedure. In accordance with § 80-F(4), all appeals shall be filed within 10 days of the Constable’s written decision.
[Amended 9-22-2020 by Ord. No. 2737]
A.
The Board of Adjustments and Appeals, when so appealed
to and after a hearing, may vary the application of any provision
of this code to any particular case when, in its opinion, the enforcement
thereof would do manifest injustice and would be contrary to the spirit
and purpose of this Code or public interest or when, in its opinion,
the interpretation of the Building Official or the Constable, as the
case may be, should be modified or reversed.
B.
A decision of the Board of Adjustments and Appeals
to vary the application of any provision of this code or to modify
an order of the Building Official or Constable, as the case may be,
shall specify in what manner such variation or modification is made,
the conditions upon which it is made and the reasons therefor.
[Amended 9-22-2020 by Ord. No. 2737]
Every decision of the Board of Adjustments and
Appeals shall be final, subject, however, to such remedy as any aggrieved
party might have at law or in equity. It shall be in writing and shall
indicate the vote upon the decision. Every decision shall be promptly
filed in the office of the Building Official or the Constable, as
the case may be, and shall be open to public inspection. A certified
copy shall be sent by mail or otherwise to the appellant, and a copy
shall be kept publicly posted in the office of the Building Official
or Constable, as the case may be, for two weeks after the Board of
Adjustments and Appeals issues it’s decision.
[Adopted 1-2-2001 by Ord. No. 1422; amended
in its entirety 2-15-2005 by Ord. No. 1754]
Sussex County hereby adopts Section R313 (Smoke
Alarms) of the IRC.
