Kent County, DE Article I General Provisions

§ 105-1 General provisions; applicable regulations.

A. Title. These regulations, including the International Codes herein adopted, shall be known as the "Kent County Building Code."

B. Authority. This article is adopted pursuant to the powers conferred upon the Levy Court of Kent County, Delaware, in 9 Del. C. § 4414.

C. Purpose. This chapter shall apply to the unincorporated area of Kent County, Delaware, and may apply to incorporated municipalities if by appropriate action of its governing body any such governing body elects to be included in its application.

D. Scope. The provisions of this chapter shall apply to design, construction, quality of materials, workmanship, alteration, movement, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of all premises, buildings, swimming pools, spas, systems, and structures. The specific scope of the technical codes herein adopted and enforced is as follows:

(1) Building. The provisions of the International Building Code shall apply to the construction, alteration, movement, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

(2) Residential. 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.

(3) Manufactured home installation. The provisions of the State of Delaware Manufactured Home Installation Code shall apply to the installation, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of manufactured homes.

(4) Mechanical. The provisions of the International Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems. The International Mechanical Code is governed by the State of Delaware and may be subject to a different edition of the code.

(5) Plumbing. The provisions of the International Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the International Private Sewage Disposal Code shall apply to private sewage disposal systems. The International Plumbing Code is governed by the State of Delaware and may be subject to a different edition of the code.

(6) Gas. The provisions of the International Fuel Gas Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. The International Fuel Gas Code is governed by the State of Delaware and may be subject to a different edition of the code.

(7) Existing buildings. The provisions of the International Existing Building Code shall apply to the repair, alteration, change of occupancy, addition to, and relocation of existing buildings. A building or portion of a building that has not been previously issued a certificate of occupancy or used for its intended purpose shall comply with the provisions of the International Building Code. 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 shall comply with the International Residential Code.

(8) Energy conservation. The provisions of the Statewide Energy Conservation Code shall apply to the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use, or maintenance of the building envelope, mechanical, lighting, and power systems. The International Energy Conservation Code is governed by the State of Delaware and may be subject to a different edition of the code.

(9) Accessibility. The International Code Council has partnered with the American National Standards Institute (ANSI) to establish standards for accessibility. These standards are governed by the State of Delaware and may be subject to a different edition of the code.

(10) Property maintenance. The provisions of the International Property Maintenance Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.

(11) Fire prevention. The provisions of the International Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire-suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. The International Fire Code is governed by the State of Delaware and may be subject to a different edition of the code.

(12) Swimming pools and spas. The provisions of the International Swimming Pool and Spa Code shall apply to the construction, alteration, movement, renovation, replacement, repair, and maintenance of aquatic recreation facilities, pools, and spas. The pools and spas covered by this code are either permanent or temporary and shall be only those that are designed and manufactured to be connected to a circulation system and/or that are intended for swimming, bathing, or wading.

Except that the following bracketed language shall be deleted from Section 305.1:

The provisions of this section shall apply to the design of barriers for restricting entry into areas having pools and spas. Where spas or hot tubs are equipped with a lockable safety cover complying with ASTM F1346, [and swimming pools are equipped with a powered safety cover that complies with ASTM F1316] the areas where those spas, hot tubs or pools are located shall not be required to comply with Sections 305.2 through 305.7.

[Amended 4-25-2023 by Ord. No. 23-05]

E. Existing structures. 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 International Existing Building Code, the Property Maintenance Code, or as is deemed necessary by the Code Official for the general safety and welfare of the occupants and the public.

F. Moved pools and spas. Systems that are a part of a pool, spa, or system moved into or within the jurisdiction shall comply with the provisions of this chapter for new installations.

G. Conflict. Where in any specific case different sections of this chapter specify different materials, methods of construction, or other requirements, the most-restrictive shall govern. Where there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where there is conflict between the Kent County Building Code and any other code or regulation in and for Kent County or the State of Delaware, the most-restrictive shall apply. Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer's instructions shall apply.

H. Other laws. The provisions of the above-referenced codes shall not be deemed to nullify any provisions of local, state, or federal law.

I. Matters not provided. Any requirements that are essential for the safety of an existing or proposed building or structure or for the safety of the occupants thereof which are not specifically provided for by this chapter shall be determined by the Code Official. The Code Official shall rely on the language and intent of the adopted International Codes when issuing orders and decisions under this chapter.

J. Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.

K. No liability created. Nothing in this chapter shall create any liability for loss or damage resulting from the failure of the County to perform any responsibility set forth in this chapter or obligate the County to make any appropriation or expend any money for any purpose set forth in this chapter.