City of New Castle, DE
New Castle County
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Table of Contents
Table of Contents
[HISTORY: Adopted by The Mayor and Council of New Castle 7-14-2020 by Ord. No. 527. Amendments noted where applicable.]
Certain documents on file in the office of the Office of Code Enforcement, being marked and designated as the "International Existing Building Code, 2018 Edition," published by the International Code Council, Inc., is hereby adopted as the existing building code of the City for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, conditions and terms of such International Existing Building Code, 2018 Edition, are adopted and made a part hereof this chapter, as if fully set out herein, with the following amendments prescribed as follows:
A. 
The following sections of the International Existing Building Code are hereby revised as follows. Note: Although the International Existing Building Code does not identify sections with a "EB" designation, such a designation is utilized to avoid any confusion as to what Code the amendment relates.
(1) 
Section EB101.1. Insert: "the City of New Castle."
(2) 
Section EB101.2 entitled "Scope" is amended to read as follows:
EB101.2 Scope. The provisions of this code shall apply to the repair, alternation, change of occupancy, addition to and relocation of existing buildings.
Exception (1): Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plan in height with a separate means of egress, and their accessory structures not more than three stories above grade plan in height, shall comply with this code or Chapter 103 (Building Standards for One- and Two-Family Dwellings) of the City Code.
Exception (2): All residential dwellings located in the HR (Historic Residential) and HC (Historic Commerce) zones must comply with the provisions of § 230-45 and Article VII of Chapter 130 of the City Code. In the event of any conflicts between this Chapter and the provisions of Chapter 230, the provisions of Chapter 230 shall be controlling.
(3) 
Section EB103 is renamed "Office of Code Enforcement."
(4) 
Section EB103.1 is retitled "Enforcement agency" and shall read as follows:
EB103.1. Enforcement agency. The Office of Code Enforcement shall be charged with the enforcement of this code and the executive official in charge thereof shall be known as the Code Official.
(5) 
EB105.2 entitled "Work exempt from permit" is deleted.
(6) 
Section EB108.2 entitled "Schedule of permit fees" is deleted and replaced by the following: "See fee schedule in Ch. A239."
(7) 
Section EB112.1 relating to appeals of orders, decisions or determinations made by the code official is deleted and replaced by the following:
EB112.1 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.
(8) 
Section EB113.4 entitled "Violation penalties" is deleted and replaced by the following:
EB113.4 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 directive 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 offense.
(9) 
Section EB114.3 entitled "Unlawful continuance" is deleted and replaced by the following:
EB113.5 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 directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $100 or more than $1,000.
(10) 
The legal occupancy of any structure existing on the date of adoption of this chapter shall be permitted to continue without change, except as is specifically covered in this Chapter, the property maintenance code provisions, or other provision of the City Code, or as is deemed necessary by the Code Official for the general safety and welfare of the occupants and the public.
Any conflicts between the provisions of this chapter and the International Existing Building 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.