City of New Castle, DE Chapter 103 Building Standards for One- and Two-Family Dwellings

[HISTORY: Adopted by The Mayor and Council of New Castle 6-21-2002 by Ord. No. 411; amended in its entirety 7-14-2020 by Ord. No. 527. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Administrator — See Ch. 5.

Liens — See Ch. 39.

Building construction — See Ch. 102.

Floodplain management — See Ch. 130.

Housing standards — See Ch. 140.

Dangerous or vacant buildings — See Ch. 141.

Mechanical standards — See Ch. 162.

Property maintenance — See Ch. 185.

Subdivision of land — See Ch. 213.

Zoning — See Ch. 230.

Fees — See Ch. A239.

§ 103-1 Adoption of standards.

Certain documents on file in the Office of Code Enforcement, being marked and designated as the "International Residential Code, 2018 Edition," published by the International Code Council, Inc., are hereby adopted as the residential building code of the City, for the control of buildings and structures as provided in this chapter. 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 and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures. All the sections, conditions, and terms of the International Residential Code, 2018 Edition, are hereby referred to and made a part of this chapter as if fully set out herein, with the following amendments prescribed in § 103-2.

§ 103-2 Additions, insertions and changes.

A. The following sections of the International Residential Code, 2018 Edition, are hereby revised. Note: Although the International Residential Code does not identify sections with an "R" designation, such a designation is utilized to avoid any confusion as to what Code the amendment relates.

(1) Section R101.1 Insert: "the City of New Castle."

(2) Section R103.1 entitled "Creation of enforcement agency" is hereby modified to delete reference to the "Department of Building Safety" and replace it with "Office of Code Enforcement." All references in the International Residential Code, 2018 Edition, to the "Department of Building Safety" shall be interpreted to mean the "Office of Code Enforcement" of the City of New Castle.

(3) Section R103.2 entitled "Appointment" is hereby modified to delete reference to the "building official" and replace it with the "Code Official," which shall mean that member of the Office of Code Enforcement charged by City Council with the enforcement of the provisions of this Chapter or his or her designee. All references in the International Residential Code, 2018 Edition, to the "building official" shall be interpreted to mean the "Code Official" of the City of New Castle.

(4) Section R105.2 entitled "Work exempt from permit" is deleted.

(5) Section R112 is renamed "Appeals.

(6) Section R112.1 relating to appeals from decisions of the Code Official is deleted and replaced by the following:

R112.1 General. Any person aggrieved by any order, decision, requirement or determination made by the Code Official relative to the application and interpretation of this code may be appealed to the Board of Adjustment in accordance with the provisions of § 230-55 of the City Code. The Board of Adjustment shall have jurisdiction to hear and decide appeals where it is alleged there is error in any order, decision, requirement or determination made by the Code Official in the application and interpretation of this code.

(7) Section R113.4 is deleted and replaced by the following:

R113.4 Violation penalties. Any person who violates a provision of this Code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directives of the Code Official, or of a permit or certificate issued under the provisions of this Code, shall be guilty of a misdemeanor, punishable by a fine of not more than $100 or imprisonment not exceeding 30 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offence.

(8) Section 114.2 shall be deleted and replaced by the following:

R114.2 Unlawful continuance. Any person who shall continue any work in or about the structure after having been served with a stop-work order, except such work as that person is direct to perform to remove a violation or unsafe condition, shall be liable for a fine or not less than $100 or more than $1,000.

(9) Table R301.2(1) is completed as follows:

Ground Snow Loada	Wind Design				Seis-mic Design Cate-gorya	Subject to Damage From
	Speedd (mph)	Topo-graphic Effectsa	Special Wind Regionl	Wind-Borne Debris Zonem		Weath-eringl	Frost Line Deptho	Ter-mitel	Winter Design Tempa	Ice Barrier Under-lay-ment Re-quired	Flood Haz-ardsa	Air Freez-ing Index1	Mean Annual Tempa
25 Lbs/ sq. ft.	115	No	No	No	B	Severe	32	Yes	14° F.	Eve and valley only	Per 1-20-20 FIS	596	54°
MANUAL J DESIGN CRITERIAa
Elevation			Latitude	Winter heating	Summer cooling	Altitude correction factor			Indoor design temper-ature	Design temperature cooling		Heating temperature difference
78			39	14°	89° F.	10			72° F.	75°%		58° F.
Cooling temperature difference			Wind velo-city heating	Wind velo-city cooling	Coinci-dent wet bulb	Daily range			Winter humid-ity	Summer humidity
14°F			15 mph	7.5 mph	74	M			50%	50%

(10) Table R301.2(1), Flood hazards, is clarified to depict that the effective date of the most recent FIRM maps for New Castle City are February 4, 2015 and January 22, 2020 encompasses Map Numbers 10003C00: 158K; 161L; 162K; 163L; 164K; and 166K and all revisions defined by FEMA FIRM maps.

(11) Figure R301.2(6), Ground snow loads for the United States, is clarified to depict that all of New Castle County shall fall within the 25 pounds per square foot area.

(12) Section R302.1, Exterior walls, Exception Number 3, is amended in the first line by adding the word "garages," after the word "detached" and in the second line by deleting "exempted from permit" and inserting "that have a fire separation distance of three feet or more."

(13) Table R302.6, Dwelling-garage separation, is amended in the second column of the second row by adding the phrase "two layers of" before the number "5/8."

(14) Table R302.6, Dwelling-garage separation, is amended in the second column of the third row by deleting "1/2" and substituting the phrase, "two layers of 5/8" and at the end of the phrase inserting "applied to the garage side."

(15) Section R303.4, Mechanical ventilation, is amended by deleting the subsection in its entirety.

(16) Section R303.6, outside opening protection, is amended by deleting the subsection in its entirety.

(17) Section R303.11, Prohibited connections, is added as a new subsection as follows:

R303.11 Prohibited connections. It shall be unlawful for any person to connect sump pump, French drains, area drainage, storm drainage, roof drainage, swimming pool drainage, condensate pump drainage, or drainage from any device directly or indirectly into any public or private sewer, except when such a connection has been specifically authorized in writing by New Castle County Special Services. Exception: Heater condensate drains connected into the sanitary sewer system for slab-on-grade foundation or total crawl space dwellings. The connection of this drain shall be upstream of a trap to block the backflow of any sewer gases into the dwelling.

(18) Section R305.1, Minimum height, is amended in the first and second lines by deleting the phrase "and portions of basements containing these spaces."

(19) Section R305.1.1, Basements, is amended in the first line by deleting the phrases "Portions of" and "do not."

(20) Section R309.1, Floor surface, is amended by deleting the second sentence and substituting the following: "That area of the floor used for parking automobiles or other vehicles shall have a four-inch step between the garage and the living space and shall be sloped to facilitate the movement of liquids to a drain or toward the main vehicle entry doorway."

(21) Section R310.6, Alterations or repairs of existing basements, is amended in the first and third lines by deleting the phrase "Alterations or" from both.

(22) Section R310.6, Alterations or repairs of existing basements, "Exception," is amended in the first line by adding the phrase, "habitable space or" after the word "new."

(23) Section R311.2, Egress door, is amended by deleting the fourth sentence and substituting "All interior doors and openings in the path of egress shall have a minimum width of two feet six inches and a minimum height of six feet six inches. Doors to bathrooms or powder rooms may have a width of two feet four inches."

(24) Section R311.3.1, Floor elevations at the required egress doors, exception, is amended in the second and third lines deleting the phrase "the top of the threshold" and substituting "in the interior floor."

(25) Section R311.3.2, Floor elevations for other exteriors doors, is amended in the fourth lines by deleting the phrase "top of the threshold" and substituting "interior floor."

(26) Section R311.7.5.1, Risers, Exception, is amended by adding the following as Exception number three: "3. Where the bottom or top riser adjoins a sloping public way, walkway or driveway having an established grade and serving as a landing, the bottom or top riser is permitted to be reduced along the slope to less than four inches (102 mm) in height with the variation in height of the bottom or top riser not to exceed one unit vertical I 12 units horizontal (8% slope) of stairway width."

(27) Section R313.1, Townhouse automatic fire sprinkler systems, is amended in the second line by deleting the word "shall" and substituting the word "may."

(28) Section R313.1, Townhouse automatic fire sprinkler system is amended by deleting the "Exception" in its entirety.

(29) Section R313.1.1, Design and installation, is amended in the third line by deleting the phrase "Section P2904 or."

(30) Section R313.2, One- and two-family dwellings automatic fire sprinkler systems, is amended in the second line by deleting the word "shall" and substituting the word "may."

(31) Section R313.2, One- and two-family dwellings automatic fire sprinkler systems, is amended by deleting the "Exception" in its entirety.

(32) Section R313.2.1, Design and installation, is amended in the third line by deleting the phrase "Section P2904 or."

(33) Section R314.2.2, Alterations, repairs and additions, is amended by adding the following Exception number three: "3. Minor interior renovations to dwellings require the installation of battery operated smoke alarms as required by the International Residential Code."

(34) Section R315.2.2, Alterations, repairs and additions, is amended by adding the following Exception number three: "3. Minor interior renovations to dwellings require the installation of battery operated carbon monoxide alarms as required by the International Residential Code."

(35) Section R317.1, Location required, and Number 2, is amended in the second and third line by deleting "and are less than eight inches (203 mm) from exposed ground."

(36) Section R322.1.4.2, Determination of impacts, is amended in the eighth and ninth lines by deleting the phrase "one foot (305 mm)" and substituting the phrase "0.1 foot."

(37) Section R322.2.1, Elevation requirements, Number 1, is amended in the third line by adding the phrase "or crawlspace" after the word "floors" and in the fourth line by deleting the phrase "one foot (305 mm)" and substituting "18 inches (457 mm)."

(38) Section R322.2.1, Elevation requirements, Number 2, is amended in the fifth and sixth lines by deleting the phrase "one foot (305 mm)" and substituting "18 inches (457 mm)."

(39) Section R322.2.1, Elevation requirements, Number 3, is amended in the third line by deleting the phrase "one foot (305 mm)" and substituting "18 inches (457 mm)."

(40) Section R322.3.2, Elevation requirements, Number 1, is amended in the seventh line by deleting the phrase "one foot (305 mm)" and substituting the phrase "18 inches (457 mm)."

(41) Section R322.3.2, Elevation requirements, Number 4, is amended in the second line by adding the phrase "not to exceed 20 cubic yards on a single lot," after the word "fill."

(42) Section R328, Construction Sanitation, is added as a new section as follows:

R328 Construction sanitation.

R328.1 Facilities Required. Sanitary facilities shall be provided during construction, remodeling or demolition activities in accordance with the Statewide Plumbing Code.

R328.2 Storage of construction and demolition waste. Construction and demolition waste may be stored upon the land where actual construction or demolition is in progress; provided, however, that such waste shall not be stored for a period exceeding 90 days and all other waste not stored in a dumpster shall not be stored for periods exceeding 30 days.

R328.3 Handling and storage of construction and demolition waste, trash, and litter. During all construction activities, the lot(s) shall be kept neat of trash and building materials. All construction sites shall be required to obtain and maintain on the site a container of suitable size and design to hold and confine trash, scraps, and other construction and demolition waste created or accumulated on the site, which might be blown from the site. All such construction refuse shall be maintained in a closed container, or a container of sufficient depth to prevent construction and demolition waste from blowing out of the container, at all times, until transferred to a landfill. Containers may be placed in setback areas, provided that the placement of the container does not obstruct the view of motorists and thereby create traffic hazards. It shall be a violation to permit accumulated debris, litter, or trash attributable to the construction site and the construction activity to blow or scatter onto adjoining properties, including the public street or to accumulate on the site outside of the container, or in transit to a landfill or dump. The owner or contractor shall service the container as frequently as needed to prevent trash from over-flowing.

R328.4 Final Inspection. A final clean-up is required, including the removal of all building debris, stumps, portable toilets, etc. within five days after the final inspection on that parcel. Exception: Stumps located outside of the limit of disturbance that are not required to be removed by any plan approved by the Department are not subject to this section.

R328.5 Enforcement. Any person who fails to comply with the requirements found in this Section 328 shall be subject to the penalty and enforcement provisions provided in this chapter.

(43) Chapter 4. Foundations Table R403.1 (1), Minimum width and thickness for concrete footings for light-frame construction, is amended by deleting the number six from all columns and substituting the number eight.

(44) Table R403.1 (2), Minimum width and thickness for concrete footings for light-frame construction with brick veneer, is amended by deleting the number six from all columns and substituting the number eight.

(45) Table R403.1(3), Minimum width and thickness for concrete footings with cast-in-place concrete or fully grouted masonry wall construction, is amended by deleting the number six from all columns and substituting the number eight.

(46) Section R405.1, Concrete or masonry foundations, is amended by adding the following subsection:

R405.1.2, Drainage system. In other than Group I soils, a sump shall be provided to drain the porous layer and footings. The sump pit shall be not less than 18 inches (457 mm) in diameter and not less than 24 inches (610 mm) in depth, unless otherwise approved. The sump shall discharge to the exterior of the structure at a sufficient distance to prevent recycling. The sump pump crock must have a removable cover.

(47) Section R405.2.3, Drainage system, is amended in the fifth and sixth lines by deleting the phrase "below the bottom of the basement floor" and substituting the phrase "in depth."

(48) Section R407.3, Structural requirements, is amended in the second line by adding the phrase at the top and after the word "displacement."

(49) Chapter 5. Floors Table R507.3.1, Minimum footing size for decks, is amended by deleting the number six from all columns and substituting the number eight.

(50) Table R507.3.1, Minimum footing size for decks, footnote c., is amended by deleting the phrase "six inches" and substituting the phrase "eight inches."

(51) Chapter 7. Wall covering Section R703.7, Exterior plaster (stucco), is amended after the first sentence by adding the following sentence: "Decorative coatings applied to a concrete or masonry surface shall be installed in accordance with the manufacturer's installation instructions and are not required to comply with Table 702.1(1)."

(52) Section R703.7.3, Water-resistive barriers, is amended in the fifth line after the word "paper" by adding the phrase "and integrated with a continuous designated drainage space (a gap) that allows moisture to drain freely to the exterior of the assembly."

(53) Section R703.7.3. Water-resistive barriers, Exception, is amended by deleting the exception it in its entirety and substituting:

Exception: Where the water-resistive barrier that is applied over wood-based sheathing has a water-resistive equal to or greater than that of a sixty-minute Grade D paper and is separated from the stucco by an intervening, substantially non-water-absorbing layer and integrated with a continuous designed drainage space (a gap) that allows moisture to drain freely to the exterior of the assembly. A drainage space shall be, but not limited to, a space formed by the use of any non-corrodible furring strips, drainage mat or drainage board which allows for the continuous flow of moisture. Such products and designs must adhere to this section and those requirements outlined in the 2018 IRC Chapter 1 104.11 "Alternative materials, design, and methods of construction and equipment."

(54) Chapter 11. Energy Efficiency. Chapter 11, Energy Efficiency, is amended by deleting the chapter in its entirety and substituting the following:

N1101 General. Buildings shall be constructed in accordance with the provisions of the most current Statewide Energy Conservation Code.

(55) Chapter 12. Mechanical Administration through and including Chapter 43. Class 2 Remote-Control, Signaling and Power-Limited Circuits, Section M1201 through and including Section E4304.5, together with all tables and figures contained therein, are amended by deleting the chapters in their entirety.

(56) Appendix E. Manufactured Housing Used as Dwellings. Appendix E. Manufactured housing used as dwellings, is adopted with the following modifications: Subsection AE102.5 and sections AE305, AE505 are hereby deleted.

(57) Appendix J. Existing Buildings and Structures. Appendix J. Existing building and structures, is adopted in its entirety.

(58) Article 6. Mechanical Code Sec. 6.06.001. Enforcement of the Statewide HVACR Code. Pursuant to 24 Del. C. Ch. 18, the Code Official shall enforce the most recent version of the International Mechanical Code published by the International Code Council as adopted or State Board of Plumbing, Heating, Air Conditioning, Ventilation and Refrigeration Examiners.

(59) Article 7. Plumbing Code Sec. 6.07.001. Enforcement of the Statewide Plumbing Code. Pursuant to 16 Del. C. Ch. 79, the Code Official shall enforce the most recent version of the International Plumbing Code published by the International Code Council as adopted or State Board of Plumbing, Heating, Air Conditioning, Ventilation and Refrigeration Examiners.

§ 103-3 Conflicts with International Code.

Any conflicts between the provisions of this Chapter and the International Residential Code, 2018 Edition, shall be resolved by the Code Official in a manner best designed to ensure the public health and safety.

§ 103-4 Savings clause.

No suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing under any act or ordinance at the time of the adoption of this chapter shall be affected by the provisions of this chapter.