[HISTORY: Adopted by the Township Committee of the Township
of Delaware 2-27-2006 by Ord. No. 2006-05. Amendments noted
where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 158.
No building or structure shall be occupied in whole or in part
prior to the issuance of a certificate of construction records clearance
(CRC). A CRC shall be required prior to the sale of any residential
or commercial structure.
Exceptions to the requirement for certificate of construction
records clearance:
A.
Transfer of title to correct a previously recorded deed.
B.
Title eligible to be recorded as an ancient deed.
C.
Transfer of title between husband and wife, whether or not relating
to divorce, or between former spouses if the transfer is incident
to an order or judgment from any court of competent jurisdiction.
D.
Transfer of title relating to new construction for which a certificate
of occupancy is required.
E.
Transfer of title by or to an executor, administrator or court order,
which affects a distribution of a decedent's estate in accordance
with the provisions of the decedent's estate in accordance with
the provisions of the decedent's will or the intestate laws of
the state.
F.
Transfer of title due to refinancing home equity loans or second
mortgages.
G.
Transfer of title by or to a receivor trustee in bankruptcy or liquidation,
or assignee for the benefit of creditors.
H.
Residential rentals.
No owner shall permit the sale of a residential or commercial
premises or rentals of commercial premises covered under this chapter
unless the requisite CRC has been issued. No purchaser or commercial
tenant shall occupy any premises covered under this chapter until
the requisite CRC has been issued. Owner, commercial tenants and occupants
shall be jointly and separately responsible for failure to obtain
the requisite CRC required hereunder. The owner and/or authorized
agent shall submit a written application and payment of fees at least
10 business days prior to the change of ownership and/or occupancy
on the form provided by the Township.
Where it has been determined upon completion of the records
inspection that there is insufficient time to reasonably achieve compliance
required to obtain a CRC, the enforcing agency may issue a "provisional
CRC" allowing the title transfer and/or occupancy to take place, provided:
A.
The owner and purchaser or tenant have jointly acknowledged in writing
to the enforcing agency the open permits;
B.
A method, including time period, to close the open permits in accordance
with the Uniform Construction Code is established in writing to the
reasonable satisfaction of the enforcing agency; and
C.
The owner of the property and, in the case of a title transfer, purchaser
of the property acknowledge that the failure to properly close open
permits may subject the owner or purchaser to penalties.
Prior to the issuance of any CRC for any transaction, the enforcing
agency shall conduct a records inspection to ensure that there are
not open construction permits on subject premises. Should there be
open permits on subject premises, all final inspections and prior
approvals shall be obtained and appropriate Uniform Construction Code
Certificates shall be issued prior to issuance of the CRC.
The application fee shall be paid in advance for a CRC. The
CRC fee is hereby established at $35.
The application form shall be created and updated as needed,
and it will be maintained in the office of the Construction Code Official.
Any person, firm or corporation violating any provisions of
this chapter shall, upon conviction, be punishable by a fine not exceeding
$1,000, imprisonment for a period not exceeding 90 days, and/or such
a period of community service not exceeding 90 days.
