[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.
