[HISTORY: Adopted by the Town Council of
the Town of Millsboro as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-4-1987 by Ord. No. 37; amended in its entirety 2-7-2005]
A.
The International Building Code, 2003 Edition, and all subsequent editions (including Appendix Chapters A, C, D, G, and J), and, as applicable, the International Residential Code, 2003 Edition, and all subsequent editions (including Appendix Chapters A, E, and F), are hereby adopted by reference as the Building Code and Residential Code of the Town of Millsboro. This chapter ("Building Construction") and Chapter 109 (Floodplain Management) of the Town Code shall govern the issuance of building permits in the event of any conflict between said provisions and the provision of the International Building Code and the International Residential Code as adopted by reference by this § 70-1.
B.
The following sections of the International Building
Code, 2003 Edition, are hereby revised:
(1)
In § 101.1,
insert "Town of Millsboro."
(2)
In § 1612.3,
insert "Town of Millsboro."
(3)
In § 1612.3,
insert "June 16, 1995."
(4)
In § 3410.2,
insert "March 1, 2005" [effective date].
(5)
Strike
Chapter 13 in its entirety and substitute in lieu thereof the following:
The Town of Millsboro hereby adopts the Energy Code for the State
of Delaware, as such is set forth and described in 16 Del. C. § 7602
and as the same may be amended from time to time.
[Added 3-5-2012]
C.
The following sections of the International Residential
Building Code are hereby revised:
(1)
In § R101.1,
insert "Town of Millsboro."
(2)
In § R313,
strike the existing section in its entirety, and substitute in lieu
thereof, the following:
[Added 2-7-2011; amended 5-2-2011]
|
An automatic fire sprinkler system may be, but is not required
to be, installed in residential dwellings, including, but not limited
to, single-family homes and townhomes. Where an automatic fire sprinkler
system is not installed, the building components in garages, ceilings,
and roof assemblies must be constructed of materials with at least
a one-hour fire resistance rating and must be installed so as to prevent
the passage of smoke and fire between rooms within the dwelling and/or
other buildings or structures.
|
(3)
In Table
R3012(1), insert "120 mph" (basic wind speed).
(4)
Strike
Chapter 11 in its entirety and substitute in lieu thereof the following:
The Town of Millsboro hereby adopts the Energy Code for the State
of Delaware, as such is set forth and described in 16 Del. C. § 7602
and as the same may be amended from time to time.
[Added 3-5-2012]
The penalty provided for violations of the International
Building Code and the International Residential Building Code, current
edition thereof, as set forth therein, is hereby amended by substituting
the following:
|
"Any person, firm or corporation or agent thereof
who shall violate a provision of this Code, or fail to comply therewith,
or with any of the requirements thereof, or who shall erect, construct,
alter, demolish or move any structure, or who has erected, constructed,
altered, repaired, moved or demolished a building or structure in
violation of this Code, shall be guilty of a misdemeanor and upon
conviction thereof shall be fined not less than $25 nor more than
$50 and shall pay the costs of prosecution. Each such person, firm
or corporation shall be deemed guilty of a separate offense for each
and every day or portion during which any violation of any of the
provisions of this Code is committed or continued."[1]
|
[Added 8-1-2005]
Appendix B of the International Building Code,
2003 Edition, is amended as follows:
|
SECTION B101 GENERAL
| |
|
B101.1 Application. The application
for appeal shall be filed on a form obtained from the Building Official
within 20 days after notice was served.
| |
|
B101.2 Membership of Board. The
Board of Appeals shall consist of persons appointed by the Mayor as
follows:
| |
|
There is hereby established a Board of Adjustment
and Appeals, which shall consist of five members appointed by the
Mayor with the consent of Town Council. Such members shall be qualified
by experience and training to decide on matters pertaining to building
construction and shall not be employees of the Town of Millsboro.
Such appointments shall be for a term of five years, each to be assigned
on a staggered schedule. The Building Official shall be an ex officio
member of said Board but shall have no vote on any matter before the
Board. The Mayor may appoint two alternate members, who shall be called
by the Board Chairperson to hear appeals during the absence or disqualification
of a member. Alternate members shall possess the qualifications required
for Board membership,
| |
|
B101.2.1 Rules and procedures. The
Board is authorized to establish policies and procedures necessary
to carry out its duties.
| |
|
B101.2.2 Chairperson. The Board
shall annually select one of its members to serve as chairperson.
| |
|
B.101.2.3 Disqualifications of member. A member shall not hear an appeal in which that member has a personal,
professional or financial interest.
| |
|
B.101.2.4 Secretary. The Board
of Appeals shall designate a qualified clerk to serve as Secretary
to the Board. The Secretary shall file a detailed report of all proceedings
in the office of the Town Manager.
| |
|
B.101.2.5 Compensation of members. Compensation of members shall be determined by law.
| |
|
B.101.3 Notice of meeting. The
Board shall meet upon notice from the Chairperson.
| |
|
B.101.3.1 Opening hearing. All
hearings before the Board of Appeals shall be open to the public.
The appellant, the appellant's representative, the Building Official
and any person whose interests are affected shall be given opportunity
to be heard.
| |
|
B.101.3.2 Procedure. The Board
shall adopt and make available to the public through the Secretary
procedures under which a hearing will be conducted. The procedures
shall not require compliance with strict rules of evidence, but shall
mandate that only relevant information be received.
| |
|
B.101.4 Board decision. The Board
shall modify or reverse the decision of the Building Official by a
concurring vote of two-thirds of its members.
| |
|
B.101.4.1 Resolution. The decision
of the Board shall be by resolution. Certified copies shall be furnished
to the appellant and to the Building Official.
| |
|
B.101.4.2 Administration. The Building
Official shall take immediate action in accordance with the decision
of the Board.
| |
[Adopted 10-1-1990 by Ord. No. LIV; amended in its entirety 7-3-2006]
[Amended 1-7-2013]
No construction shall be carried on by commercial
operators between the hours of 7:00 p.m., prevailing time, and 7:00
a.m. of the following morning, prevailing time, Monday through Saturday
of each week inclusive, except for emergency repairs. No construction
shall be carried on by commercial operators on Sunday of each week,
except for emergency repairs. No construction shall be carried on
by commercial operators on Thanksgiving Day and/or Christmas Day,
except for emergency repairs.
Any homeowner may engage in construction on
his own personal residence, which residence is owner-occupied, except
from the hours from 9:00 p.m., prevailing time, and 7:00 a.m. of the
following morning, prevailing time, Monday through Sunday, inclusive,
except for emergency repairs. Such privilege does not convey the right
to violate any of the provisions of the Building Code, nor is it to
be construed as exempting any such property owner from obtaining a
permit and paying the required fees therefor.
As used in this article, the following terms
shall have the meanings indicated:
Includes but is not limited to the following activities:
any work in preparation for, participation in or cleaning up from
installation or construction of infrastructure, improvements or new
structures; renovations to, repairs of, alterations to, modifications
to or demolition of structures; removal of trees or other landscaping;
installing antennas, cable television, electric, water or sewer; cleaning
with power tools; furnishing, delivering, loading or unloading materials
or equipment to be used in any of the above-enumerated or similar
activities. The term "construction," as used in this article, shall
not include the following retail business activities: delivery of
merchandise, restocking of shelves, erection of new merchandise displays,
and/or relocation within the store of existing displays, merchandise,
movable shelving and/or equipment.
[Amended 2-3-2014]
