[Adopted 5-6-1975 by Ord. No. 18]
[Added 8-22-2011[1]]
A.
It
shall be unlawful for any person, partnership, business or corporation
to undertake or cause to enlarge, alter, repair, move, demolish, or
change the occupancy of a building or structure, or to erect, install,
enlarge, alter, repair, remove, convert or replace any electrical,
gas, mechanical or plumbing system, 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 Code Official and obtain the required
permit.
B.
Work
exempt from permit. Exemptions from permit requirements of this code
shall not be deemed to grant authorization for any work to be done
in any manner in violation of the provisions of this code or any other
laws or ordinances of this jurisdiction. Permits shall not be required
for the following:
(1)
Building.
(a)
Retaining walls which are not over four feet (1,219 millimeters)
in height measured from the bottom of the footing to the top of the
wall, unless supporting a surcharge.
(b)
Water tanks supported directly upon grade if the capacity does
not exceed 5,000 gallons (18,927 liters) and the ratio of height to
diameter or width does not exceed 2 to 1.
(c)
Sidewalks and driveways not more than 30 inches (762 millimeters)
above grade and not over any basement or story below and which are
not part of an accessible route.
(d)
Painting, papering, tiling, carpeting, cabinets, countertops
and similar finish work.
(e)
Temporary motion picture, television and theater stage sets
and scenery.
(f)
Shade cloth structures constructed for nursery or agricultural
purposes and not including service systems.
(g)
Swings and other playground equipment accessory to one- and
two-family dwellings.
(h)
Window awnings supported by an exterior wall which do not project
more than 54 inches (1,372 millimeters) from the exterior wall and
do not require additional support.
(i)
Movable cases, counters and partitions not over five feet nine
inches (1,753 millimeters) in height.
(2)
Electrical.
(a)
Repairs and maintenance. Minor repair work, including the replacement
of lamps or the connection of approved portable electrical equipment
to approved permanently installed receptacles.
(b)
Radio and television transmitting stations. The provisions of
this code shall not apply to electrical equipment used for radio and
television transmissions, but does apply to equipment and wiring for
power supply, the installations of towers and antennas.
(4)
Mechanical.
(a)
Portable heating appliance.
(b)
Portable ventilation equipment.
(c)
Portable cooling unit.
(d)
Steam, hot or chilled water piping within any heating or cooling
equipment regulated by this code.
(e)
Replacement of any part which does not alter the use or functioning
or make it unsafe.
(f)
Portable evaporative cooler.
(g)
Self-contained refrigeration system containing to 10 pound (4.54
kilogram) or less of refrigerant and actuated by motors of one horsepower
(746 watts) or less.
(5)
Plumbing.
(a)
The stopping of leaks in drains, water, soil, waste, or vent
pipe; provided, however, that if any concealed trap, drain pipe, water,
soil, waste or vent pipe becomes defective and it becomes necessary
to remove and replace the same with new material, such work shall
be considered as new work, and a permit shall be obtained and inspection
made as provided in this code.
(b)
The clearing of stoppages or the repairing of leaks in pipes,
valves or fixtures, and the removal and reinstallation of water closets,
provided such repairs do not involve or require the replacement or
rearrangement of valves, pipes or fixtures.
(6)
Emergency repairs. Where equipment replacements and repairs must
be performed in an emergency situation, the permit application shall
be submitted within the next working business day to the building
official.
(7)
Repairs. Application or notice to the building official is not required
for ordinary repairs to structures, replacement of lamps or the connection
of approved portable electrical equipment to approved permanently
installed receptacles. Such exempted ordinary repairs shall not include
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or load-bearing support, or the
removal or change of any required means of egress, or rearrangement
of parts of a structure affecting the egress requirements; nor shall
ordinary repairs include addition to, alteration of, replacement or
relocation of any standpipe, water supply, sewer, drainage, drain
leader, gas, soil, waste, vent or similar piping,. electric wiring
or mechanical or other work affecting public health or general safety.
(8)
Public service agencies. A permit shall not be required for the installation,
alteration or repair of generation, transmission, distribution or
metering or other related equipment that is under the ownership and
control of public service agencies by established right.
[1]
Editor's Note: This ordinance also repealed former § 75-1,
Statement of intent.
For the of purposes of this Part 2, the following
definitions shall apply.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all mobile homes and trailers
to be used for human habitation.
Any person, persons, partnership, business or corporation.
A combination of materials to form anything permanently affixed
to or in the ground or to any other building or structure permanently
affixed to or in the ground. Included shall be such things as driveways,
carports, porches, swimming pools, etc.
Application for such a building permit shall
be made in writing to the Building Permit Officer on forms supplied
by the municipality. Such application shall contain at least the following:
A.
Name and address of applicant.
B.
Name and address of owner of land on which proposed
construction is to occur.
C.
Name and address of contractor.
D.
Site location.
E.
Brief description of proposed work and estimated cost.
F.
A plan of the site showing the exact size and location
of the proposed construction as well as any existing buildings or
structures.
[Amended 4-24-2006]
The Building Permit Officer shall issue a building
permit only after it has been determined that the proposed construction
will be in conformance with all applicable requirements and regulations.
As a condition of a permit granted by the Building Permit Officer,
construction shall be carried on solely between the hours of 7:00
a.m. prevailing time and 7:00 p.m. prevailing time Monday through
Friday and between the hours of 8:00 a.m. prevailing time and 4:00
p.m. prevailing time on Saturdays. No construction shall take place
on any Sunday and on the following holidays: New Year's Day, Memorial
Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day;
provided, however, that nothing contained herein shall prevent any
homeowner from working within his own property boundaries, provided
that such work is done by the homeowner and members of his immediate
family and the property is used exclusively by him or his family and
guests as the dwelling of the property owner. Such privilege does
not convey the right to violate any of the provisions of this chapter,
nor is it to be construed as exempting any such property owner from
obtaining a permit and paying the required fees therefor.
After the issuance of a building permit by the
Building Permit Officer, no changes of any kind shall be made to the
application, permit, or any of the plans, specifications or other
documents submitted with the application without the written consent
or approval of the Building Permit Officer.
In addition to the building permit, the Building
Permit Officer shall issue a placard which shall be displayed on the
premises during the time construction is in progress. This placard
shall show the number of the building permit, the date of its issuance
and be signed by the Building Permit Officer.
Work on the proposed construction shall begin
within six months after the date of issuance of the building permit
or the permit shall expire unless a time extension is granted, in
writing, by the Building Permit Officer. Construction shall be considered
to have started with the first placement of permanent construction
of the site, such as the pouring of slabs or footings or any work
beyond the stage of excavation. For a structure without a basement
or poured footings, the start of construction includes the first permanent
framing or assembly of the structure or any part thereof on its pilings
or foundation, or the affixing of any prefabricated structure or mobile
home to its permanent site. Permanent construction does not include
land preparation, land clearing, grading, filling; excavation for
basement, footings, piers, or foundations; erection of temporary forms;
the installation of piling under proposed subsurface footings; or
the installation of sewer, gas, and water pipes, or electric or other
service lines from the street.
During the construction period, the Building
Permit Officer or other authorized official may inspect the premises
to determine that the work is progressing in compliance with the information
provided on the permit application and with all applicable municipal
laws and ordinances. In the event the Building Permit Officer discovers
that the work does not comply with the permit application or any applicable
laws and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Building Permit Officer shall revoke the building
permit and report such fact to the Town Council for whatever action
it considers necessary.
[Amended 5-23-1989; 3-20-2006; 7-24-2006]
A.
Applications for a building permit shall be accompanied
by a fee, payable to the municipality, at the following rates:
[Amended 9-19-2022]
|
Types of Construction
|
Fee
|
|---|---|
|
New construction
|
Current square foot construction costs as set
forth in the most current version of International Code Council building
valuation data x 1%
|
|
All other
|
1% of the gross cost of the construction, rebuilding
or renovation work, with a minimum fee of $50
|
B.
The building license fees described in this section
shall be reviewed annually as a function of the budget process. Proposed
amendments to these fees shall be prenoticed not less than 90 days
prior to the date of adoption of any ordinance to amend these fees.
Any person aggrieved by the Building Permit
Officer's estimate of the cost of the proposed construction may appeal
to the Town Council. Such appeal must be filed, in writing, within
30 days after the determination by the Building Permit Officer. Upon
receipt of such appeal, the Town Council shall set a time and place
not less than 10 nor more than 30 days for the purpose of hearing
the appeal. Notice of the time and place of the hearing of the appeal
shall be given to all parties at which time they may appear and be
heard. The determination of the estimated cost by the Town Council
shall be final in all cases.
[Amended 5-23-2005 by Ord. No. 2005-1; 8-22-2011]
B.
Equitable
Relief. Notwithstanding the provision of § 83-1 and the
enforcement provisions of the International Building Maintenance Code,
equitable relief may be sought to enforce the provisions of this chapter
by the filing of a civil action in the Court of Chancery of the State
of Delaware to initiate an injunction, mandamus, abatement or any
other appropriate equitable action to require property owners to make
necessary repairs to their premises. Any person violating any of the
provisions of this chapter against whom equitable relief has been
successfully ordered shall become liable to the Town for any expense,
loss or damage incurred by the Town, including but not limited to,
the Town's attorneys' fees, court costs and associated litigation
filing fees.
