Certain documents, three copies of which are on file in the office of the Code Enforcement Officer of the Town of Delmar, being marked and designated as the International Building Code, including Appendixes, as published by the International Code Council, Inc., be and hereby is adopted as the Building Code of the Town of Delmar, Delaware, and each and all of the regulations, provisions, conditions and terms of such International Building Code, 2012 Edition, published by the International Code Council on file in the office of the Town of Delmar are hereby referred to, adopted and made a part hereof as if fully set out in this article.
[Adopted 11-6-2017 by Ord. No. 169]
The foregoing 2012 Edition of the International Building Code is adopted with the following exceptions, deletions and amendments:
A.
Strike Chapter 13 in its entirety and substitute in lieu thereof the following: "The Town of Delmar 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."
B.
Farm buildings (defined as any nonresidential structure located on a farm) and 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. Laws, c. 1953, § 8330; 56 Del. Laws, c. 373, § 1).
[Amended at time of adoption of Code (see Ch. 305, General Provisions, Art. I)]
C.
All references to the "Board of Appeals" or "Board" in the IBC shall be deemed to be references to the Town of Delmar Board of Adjustments.
If any section, subsection, sentence, clause or phase of this article is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this article. The Town Council of the Town of Delmar, Delaware, hereby declares that it would have passed this article and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.
The Town Manager is hereby ordered and directed to cause this article to be published on one occasion in a newspaper of general circulation in the Town.
This article and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect from the date of passage.