[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.
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.
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.
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.
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.