[Added 9-8-2014 by Ord.
No. 14-08-01]
A. Scope. The provisions of the International Residential Code for One-
and Two-family Dwellings, International Property Maintenance Code,
International Building Code, International Plumbing Code, International
Mechanical Code, International Fuel Gas Code, International Existing
Building Code, and International Energy Conservation Code shall apply
to the design, construction, quality of materials, workmanship, alteration,
movement, enlargement, replacement, repair, equipment, use of occupancy,
location, maintenance, removal and demolition of all premises, buildings,
and structures.
(1) Building. The provisions of the International Building Code shall
apply to the construction, alteration, movement, enlargement, replacement,
repair, equipment, use of occupancy, location, maintenance, removal,
and demolition of every building or structure or any appurtenances
connected or attached to such buildings or structures. Exception:
Detached one- or two-family dwellings and multiple single-family dwellings
(townhouses) not more than three stories high with separate means
of egress and their accessory structures shall comply with the International
Residential Code.
(2) Residential. The provisions of the International Residential Code
for One- and Two-Family Dwellings shall apply to the construction,
alteration, movement, enlargement, replacement, repair, equipment,
use of occupancy, location, removal and demolition of detached one-
and two-family dwellings and multiple single-family dwellings (townhouses)
not more than three stories in height with a separate means of egress
and their accessory structures.
(3) Property Maintenance. The provisions of this code shall apply to
all existing residential and nonresidential structures and all existing
premises and constitute minimum requirements and standards for premises,
structures, equipment, and facilities for light, ventilation, space,
heating, sanitation, protection from the elements, life safety, safety
from fire and other hazards, and for safe and sanitary maintenance;
the responsibility of the owners, operators and occupants; the occupancy
of existing structures and premises; and for administration, enforcement
and penalties.
(4) Mechanical. The provisions of the International Mechanical Code shall
apply to the design, installation, alteration, repair, maintenance,
and replacement of mechanical systems, permanently installed and utilized
to provide control of environmental conditions and related processes
within buildings and structures, including equipment, appliances,
fixtures, fittings, and appurtenances, including ventilating, heating,
cooling, air-conditioning and refrigeration systems, incinerators,
and other energy-related systems. The installation of fuel gas distribution
piping and equipment, fuel gas-fired appliances, and fuel gas-fired
appliance venting systems shall be regulated by the International
Fuel Gas Code.
(5) Plumbing. The provisions of the International Plumbing Code shall
apply to the installation, alterations, repairs and replacement of
plumbing systems, including equipment, appliances, fixtures, fittings
and appurtenances, and where connected to a water or sewer system.
(6) Gas. The provisions of the International Fuel Gas Code shall apply
to the installation of gas appliances and related accessories as covered.
These requirements apply to gas piping systems extending from the
point of delivery to the inlet connections of appliances and the installation
and operation of residential and commercial gas appliances and related
accessories.
(7) Existing Building. The provisions of the International Existing Building
Code shall apply to the repair, alteration, change of occupancy, addition,
and relocation of existing buildings. A building or portion of a building
that has not been previously issued a certificate of occupancy or
used for its intended purpose shall comply with the provisions of
the International Building Code for new construction.
(8) Energy Conservation. The provisions of the International Energy Conservation
Code shall apply to the design, construction, quality of materials,
erection, installation, alteration, repair, location, replacement,
addition to, or use or maintenance of the building envelope, mechanical,
lighting and power systems.
B. Purpose. The purpose of this code is to provide minimum standards
to safeguard life or limb, property and public welfare by regulating
and controlling the design, health and general welfare through affordability,
flexibility, construction, structural strength, means of egress facilities,
stability, sanitation, quality of materials, location, control of
systems, light and ventilation, energy conservation and safety to
life and property from fire and other hazards attributed to the built
environment. This code shall apply to the incorporated Town of Middletown.
[Added 9-8-2014 by Ord.
No. 14-08-01]
A. General. Where, in any specific case, different sections of this
code specify different materials, methods of construction or other
requirements, the most restrictive shall govern. Where there is a
conflict between a general requirement and a specific requirement,
the specific requirement shall be applicable. Where there is a conflict
between the Town of Middletown Code and any other regulation in and
for the Town of Middletown or the State of Delaware, the most restrictive
shall apply.
B. Other laws. The provisions of this code shall not be deemed to nullify
any provisions of local, state or federal law.
C. Application of references. References to chapter or section numbers,
or to provisions not specifically identified by number, shall be construed
to refer to such chapter, section or void. This shall not have the
effect of making void or illegal any of the other parts or provisions.
D. Existing structures. The legal occupancy of any structure existing
on the date of adoption of this code shall be permitted to continue
without change, except as is specifically covered in this code, the
International Property Maintenance Code or the State of Delaware Fire
Prevention Regulations, or as is deemed necessary by the department
supervisor for the general safety and welfare of the occupants and
the public.
E. Additions, alterations or repairs. Additions, alterations or repairs
to any structure shall conform to the requirements for a new structure
without requiring the existing structure to comply with all of the
requirements of this code, unless otherwise stated. Additions, alterations
or repairs shall not cause an existing structure to become unsafe
or adversely affect the performance of the building.
[Added 4-6-2015 by Ord.
No. 15-03-01]
A. Any entity aggrieved by any decision of the Licensing and Inspections
Department for the Town of Middletown, and after a meeting with the
Supervisor of the Department, shall have the right to appeal to the
Town Council by filing a written appeal with the Town Council within
30 days following the effective date of the action or decision complained
of. The appeal shall set out a copy of the order or decision appealed
from and shall include a statement of the facts relied upon to avoid
the order.
B. The Town Council shall fix a time and place for hearing said appeal
and shall serve a written notice upon the entity requesting the appeal,
informing such entity of the hearing. The Town Council shall also
give notice to the Department Supervisor, who shall be entitled to
appear to defend the order. The findings of the Town Council shall
be final and conclusive and shall be served upon the person who requested
the appeal.