Kent County, DE Article II Administration and Enforcement

§ 105-2 Creation of enforcement agency.

The Department of Planning Services is hereby established as the official enforcement agency for Kent County, Delaware, and the Director of Planning Services is hereby appointed by the Levy Court as the building official. The building official shall have the authority to hire technical staff, inspectors, plan examiners and other employees in accordance with the adopted budget and the prescribed procedures of Kent County. Such employees shall report to and have powers as delegated by the building official.

§ 105-3 Duties and powers of building official.

A. General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.

B. Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection, alteration, demolition, and moving of buildings and structures; inspect the premises for which such permits have been issued; and enforce compliance with the provisions of this code.

C. Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code.

D. Inspections. The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.

E. Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

F. Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided, if such structure or premises shall be occupied, that credentials shall be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.

G. Department records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.

H. Liability. The building official, member of the Board of Appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code.

I. Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval.

(1) Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official.

J. Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the building official shall first find that special individual reason makes the strict letter of this code impractical; the modification is in compliance with the intent and purpose of this code; and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the Division of Inspections and Enforcement.

(1) Flood hazard areas. The Kent County Board of Adjustment shall not grant modifications to any provision required in flood hazard areas as established by Section 1612.3 or Table R301.2(1) unless a determination has been made that:

(a) A showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render the elevation standards of Section 1612 inappropriate.

(b) A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable.

(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.

(d) A determination that the variance is the minimum necessary to afford relief, considering the flood hazard.

(e) Submission to the applicant of written notice specifying the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation, and stating that construction below the design flood elevation increases risks to life and property.

K. Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire-resistance, durability and safety. Compliance with the specific performance-based provisions of the International Codes in lieu of specific requirements of this code shall also be permitted as an alternative.

(1) Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.

(2) Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records.

§ 105-4 Permits.

A. Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.

(1) Annual permit. In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the building official is authorized to issue an annual permit, upon application therefor, to any person, firm or corporation regularly employing one or more qualified trade persons in the building, structure or on the premises owned or operated by the applicant for the permit.

(2) Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times, or such records shall be filed with the building official as designated.

(3) Delaware Department of Transportation approval. The building official may require an entrance/exit permit from the Delaware Department of Transportation upon application for a building permit for all nonresidential and residential buildings on state-maintained roads.

(4) Public sewage disposal. The plot plan shall include the location of public sewer utilities, and points at connections are to be made and accompanied by a sewer lateral permit, issued by the sewer utility, when public sewer is not available.

(5) Permits for historic structures. Permits for historic structures shall comply with the regulations set forth in the Kent County Zoning Ordinance.[1]

[1] Editor's Note: See Ch. 205, Zoning.

(6) Other permit approvals. Before a building permit is issued, additional agency approvals may be required. Such agency approvals include, but are not limited to, Delaware State Fire Marshal, Kent Conservation District, Delaware Division of Public Health, Delaware Department of Natural Resources and Environmental Control, and a Delaware-recognized electrical inspection agency.

(7) Energy code compliance. An energy code compliance certificate shall be submitted with each single-family dwelling permit application, or meet the prescriptive requirements of Section 402 of the International Energy Conservation Code currently adopted by the State of Delaware.

B. Exemptions. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

(1) One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 300 square feet.

(2) Fences not over seven feet in height.

(a) Exceptions:

[1] Fences required for pools.

[2] Fences required by the State of Delaware for home-based day cares.

[3] Fences required by Kent County Planning Services as part of an approved subdivision application or land development application.

(3) Retaining walls that are not over four feet (1,219 mm) in height, measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

(4) Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18,925 L) and the ratio of height to diameter or width is not greater than 2:1.

(5) Sidewalks and driveways.

(6) Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work.

(7) Temporary motion-picture, television and theater stage sets and scenery.

(8) Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep/high, are not greater than 5,000 gallons (18,925 L) and are installed entirely above ground.

(9) Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

(10) Swings and other playground equipment accessory to detached one- and two-family dwellings.

(11) Window awnings in Group R-3 and U occupancies, supported by an exterior wall, that do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support.

(12) Non-fixed and movable fixtures, cases, racks, counters and partitions not over five feet nine inches (1,753 mm) in height.

(13) Replacement of any roof sheathing less than 25% of the roof area.

(14) Repairs and maintenance: minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

(15) Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions but do apply to equipment and wiring for a power supply and the installations of towers and antennas.

(16) Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

(17) Portable heating appliances.

(18) Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

(19) Portable ventilation equipment.

(20) Portable cooling units.

(21) Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.

(22) Replacement of any part that does not alter its approval or make it unsafe.

(23) Portable evaporative coolers.

(24) Self-contained refrigeration systems containing 10 pounds (5 kg) or less of refrigerant and actuated by motors of one horsepower (746 W) or less.

(25) The stopping of leaks in drain, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work, and a permit shall be obtained and inspection made as provided in this code.

(26) The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

(27) Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official.

(28) Repairs. Application or notice to the building official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

(29) Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right.

(30) Agricultural and farm buildings. All farm buildings, except dwellings, used exclusively for farming or agriculture of any nature on a parcel of at least five acres and with a reasonable expectation of a minimum gross annual farm income of $2,500 are exempt from this code, except that a plot plan shall be provided showing the location of the building to be constructed and an agricultural building use permit obtained from the Division of Inspections and Enforcement at the cost as approved by the Kent County Levy Court.

C. Application for permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the Division of Inspections and Enforcement for that purpose. Such application shall:

(1) Identify and describe the work to be covered by the permit for which application is made.

(2) Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.

(3) Indicate the use and occupancy for which the proposed work is intended.

(4) Be accompanied by construction documents and other information as required in Section 107 of the IBC.

(5) State the valuation of the proposed work.

(6) Be signed by owner of record or contractor (agent) for the project; otherwise a written approval from the owner of record will be supplied.

(7) Give such other data and information as required by the building official.

D. Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official may reject such application in writing, stating the reasons therefor, or approve such application with conditions. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable.

E. Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.

F. Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction.

G. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

H. Time limitation of permit. Provided work has commenced, except for those specified below, permits shall be valid for one year from the date of issuance.

(1) Manufactured home placement and replacement. Placement or replacement of a manufactured home must complete all required inspections, including the final inspection, meeting the requirements set forth in the State of Delaware Manufactured Home Installation Code within 90 days of issuance of the placement permit, with an automatic inspection after 30 days.

(2) Pool permits. Pool permits shall be valid for a period of 90 days from the date of issuance. An automatic inspection will be performed 30 days from the date of issuance.

(3) Demolition permits. A demolition permit shall be valid for 180 days from the date of issuance. An automatic inspection will be performed 60 days from the date of issuance.

I. Completion of construction. Except as specified above, all construction for which a building permit is required must be completed and pass final inspection within two years after issuance of a building permit. After the first 12 months, a permit may be renewed for one additional twelve-month period for a renewal fee as reflected in the Kent County Code Fee Ordinance 04-05, § 6.3.[2] On single-family dwellings, an inspection will be conducted by the Division prior to renewal.

[2] Editor's Note: See Ch. 128, Fees, Part 2, Fee Schedule.

J. Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this code and all other applicable County codes wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code and all other applicable County codes.

(1) Stop-work orders. For every permit issued in error or in violation of the provisions of this code or other ordinance(s) of Kent County or without proper authority, the building official shall immediately issue a stop: work order pursuant to Sections 115 and 116, setting forth the nature of the violation, setting forth the conditions under which work will be permitted to resume and/or prescribing the appropriate acts, procedures or methods by which the error or violation may be appealed. Performing work after the expiration of a building permit is the same as building without a permit and is therefore subject to the aforementioned penalties.

K. Placement of permit. The building permit or copy shall be kept on the site of the work and posted in a prominent location visible from the street until the completion of the project.

L. Responsibility. It shall be the duty of every person who performs work for the installation or repair of building, structure, electrical, gas, mechanical or plumbing systems, for which this code is applicable, to comply with this code.

§ 105-5 Floor and roof design loads.

A. Live loads posted. In commercial or industrial buildings, for each floor or portion thereof designed for live loads exceeding 50 psf (2.40 kN/m2), such design live loads shall be conspicuously posted by the owner in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices.

B. Issuance of certificate of occupancy. A certificate of occupancy required by Section 111 shall not be issued until the floor load signs, required by Section 106.1, have been installed.

C. Acceptable datum. The Department of Planning Services shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring that new construction, substantial improvements, or other development in Zone A complies with the provisions of this chapter.

D. Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code.

§ 105-6 Submittal documents.

A. General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical reports and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional currently licensed in the State of Delaware with either the Delaware Association of Professional Engineers as a professional engineer or with the State of Delaware Division of Professional Regulations as a registered architect. The construction documents shall include the name and address of the registered design professional and shall be signed, sealed and dated by the registered design professional in accordance with the registration laws of the State of Delaware. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.

(1) The following are exempt from submitted sealed plans:

(a) Single- and two-family dwellings, any additions, alterations and renovations thereto, and sheds and garages incidental to such dwellings.

(b) Commercial accessory structures, two units maximum per property (square footage not to exceed 300 square feet each), which shall be used exclusively for low-hazard storage purposes. Structures shall be leveled and secured with tie-downs or equivalent of manufactured home fastening devices, one anchor installed at each corner. Structures 20 feet or more in length shall have two additional anchors installed, one on each side mid-span. All lumber and wood siding is to be pressure-treated from grade to eight inches above finished grade.

(c) Farm structures used exclusively for farm use.

(d) Home occupations that have been approved by the Department of Planning Services for their stated use.

(2) The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code.

B. Construction documents. Construction documents shall comply with the following provisions:

(1) Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official.

(2) Fire-protection system shop drawings. Shop drawings for the fire-protection system(s) shall be submitted to indicate conformance to this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9 of the International Building Code.

(3) Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress, including the path of the exit discharge to the public way, in compliance with the provisions of this code. Except for occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor and in all rooms and spaces.

(4) Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings.

(a) The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather-resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system that was tested, where applicable, as well as the test procedure used.

(b) Exterior balconies and elevated walking surfaces. Where balconies or other elevated walking surfaces are exposed to water from direct or blowing rain, snow, or irrigation, and the structural framing is protected by an impervious moisture barrier, the construction documents shall include details for all elements of the impervious moisture barrier system. The construction documents shall include manufacturer's installation instructions.

(5) Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site; distances from lot lines; the established street grades and the proposed finished grades; and, as applicable, flood hazard areas, floodways, and design flood elevations; and they shall be drawn in accordance with an accurate boundary line survey map. In the case of demolition, the site plan shall show construction to be demolished, and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair, or when otherwise warranted.

(a) Design flood elevations. Where design flood elevations are not specified, they shall be established in accordance with Section 1612.3.1 or R322.1.4.1 of the International Building Code.

(b) Additional requirements. For flood zone determination, a site plan shall accompany the permit application.

(6) Manufacturer's installation instructions. Manufacturer's installation instructions, as required by this code, shall be available on the job site at the time of inspection.

(a) Addition attachments. Any addition to manufactured homes, including decks, other than ones that are self-supporting, is required to be designed and sealed by a design professional licensed in the State of Delaware.

(7) Information for construction in flood hazard areas. For buildings and structures located wholly or partially in flood hazard areas as established by Table R301.2(1) of the International Building Code, construction documents shall include:

(a) Delineation of flood hazard areas, floodway boundaries and flood zones and the design flood elevation, as appropriate;

(b) The elevation of the proposed lowest floor, including basement; in areas of shallow flooding (AO Zones), the height of the proposed lowest floor, including basement, above the highest adjacent grade;

(c) The elevation of the bottom of the lowest horizontal structural member in coastal high hazard areas (V Zones); and

(d) If design flood elevations are not included on the community's Flood Insurance Rate Map (FIRM), the building official and the applicant shall obtain and reasonably utilize the best: available design flood elevation and floodway data available from other sources.

(8) Examination of documents. The building official shall examine, or cause to be examined, the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances.

(a) Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative.

(b) Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned.

(c) Phased approval. The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted.

(d) Design professional in responsible charge. Where it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.

[1] Deferred submittals. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official.

[2] Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge, who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official.

C. Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.

D. Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws.

§ 105-7 Temporary structures and uses.

A. General. The building official is authorized to issue a permit for temporary structures and temporary uses. With regard to and pursuant to a variance granted by the Board of Adjustment or under the provisions of the Kent County Zoning Ordinance, the building official shall issue a permit for temporary uses. Such permits shall be limited as to the time of service granted by the variance or the time limits specified in the Kent County Code.

B. Conformance. Temporary structures and uses shall conform to the structural strength, firesafety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure public health, safety and general welfare.

C. Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified by any of the approved state electrical inspection agencies.

D. Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.

§ 105-8 Fees.

A. Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.

B. Schedule of permit fees. For buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. See Kent County Code Chapter 128, Fees.

C. Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical and/or other permanent systems, as well as plumbing equipment. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official. When deemed necessary, Marshall & Swift Valuation Service will be used to cost out the project.

D. Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees.

E. After-the-fact permitting. After-the-fact permitting for structures constructed prior to the issuance of a Kent County building permit shall be double the base building permit fee.

F. Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to, or concurrently with, the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.

G. Refunds. See Kent County Policy 22-10, Refund Policy.

§ 105-9 Inspections.

A. General. Construction or work for which a permit is required shall be subject to inspection by the building official, and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

B. Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.

C. Required inspections. The building official, upon notification, shall make the inspections set forth below:

(1) Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready-mixed in accordance with ASTM C 94. In this case, the concrete need not be on the job.

(2) Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.

(3) Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in Section 1612.4 shall be submitted to the building official.

(4) Frame inspection. Framing inspections shall be made after the roof deck or sheathing and all framing, fire-blocking and bracing are in place; pipes, chimneys and vents to be concealed are complete; and the rough electrical, plumbing, heating wires, pipes and ducts are approved.

(5) Fire- and smoke-resistant penetrations. Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved.

(6) Energy efficiency inspections. Inspections shall be made to determine compliance with the current state-adopted International Energy Conservation Code or ANSI/ASHRAE/IES Standard 90.1 and shall include, but not be limited to, inspections for: envelope insulation R- and U-values, fenestration U-value, duct system R-value, and HVAC and water-heating equipment efficiency. An energy compliance sticker completed by the applicant or agent shall be completed and attached in the electrical panel prior to the issuance of the certificate of occupancy.

(7) Other inspections. In addition to the inspections specified herein, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the Division of Inspections and Enforcement.

(8) Special inspections. For special inspections, see Chapter 17 of the International Building Code.

(9) Fire-resistance-rated construction inspection. Where fire-resistance-rated construction is required between dwelling units or due to location on the property, the building official shall require an inspection of such construction after all lathing and/or wallboard is in place, but before any plaster is applied, or before wallboard joints and fasteners are taped and finished.

(a) Exception: Gypsum board that is not part of a fire-resistance-rated assembly or a shear assembly.

(10) Waterproofing inspection. A waterproofing inspection will be required for all dwellings with basements. The inspection will be required before the basement is backfilled.

(11) Final inspection. The final inspection shall be made after all work required by the building permit is completed and all other applicable agency approvals have been acquired.

(a) Flood hazard documentation. If located in a flood hazard area, documentation of the elevation of the lowest floor as required in Section 1612.5 shall be submitted to the building official prior to the final inspection.

D. Inspection agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability.

E. Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code.

F. Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected, and such portion shall not be covered or concealed until authorized by the building official.

§ 105-10 Certificate of occupancy.

A. Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Exception: Certificates of occupancy are not required for work exempt from permits.

B. Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the Division of Inspections and Enforcement, the building official shall issue a certificate of occupancy that contains the following:

(1) The building permit number.

(2) The address of the structure.

(3) The name and address of the owner.

(4) A description of that portion of the structure for which the certificate is issued.

(5) A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

(6) The name of the building official.

(7) The edition of the code under which the permit was issued.

(8) The use and occupancy, in accordance with the provisions of Chapter 3 of the International Building Code.

(9) The type of construction as defined in Chapter 6 of the International Building Code.

(10) The design occupant load.

(11) If an automatic sprinkler system is provided, whether the sprinkler system is required.

(12) Any special stipulations and conditions of the building permit.

C. Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall issue the temporary certificate of occupancy in thirty-day increments. A separate fee applies for each 30 days.

D. Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.

§ 105-11 Service utilities.

A. Connection of service utilities. No person shall make connections from a utility source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required.

B. Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power.

C. Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards in case of emergency where necessary to eliminate an immediate hazard to life or property, or when such utility connection has been made without the approval required. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system, of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter.

§ 105-12 Board of Appeals.

A. General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals. The Board of Appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.

B. Application for appeals. Any application for an appeal shall be in writing and shall be received by the building official within 10 days of receipt of the written decision of the building official.

C. Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder has been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The Board shall have no authority to waive requirements of this code.

D. Qualifications. The Board of Appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.

E. Appointment. During the term of the appointment of a member of the Kent County Board of Appeals properly appointed, any change of residency from within that Levy Court district to a different Levy Court district will have no effect on the validity of the appointment, and the person so appointed may continue to serve until they resign or the appointing Levy Court Commissioner or their successor appoints a new person for that district. Failure to reside in Kent County, Delaware, shall be automatic resignation.

F. Administration. The building official shall take immediate action in accordance with the decision of the Board.

§ 105-13 Variances.

A. Criteria for issuance of a variance in areas prone to flooding.

(1) A variance shall be issued by the Kent County Board of Adjustment only upon:

(a) A showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render the elevation standards in Section 1612 or R322 of the International Building Code and International Residential Code as inappropriate.

(b) A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable.

(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(d) A determination that the variance is the minimum necessary to afford relief, considering the flood hazard.

(e) Submission to the applicant of written notice specifying the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation, and stating that construction below the design flood elevation increases risks to life and property.

(2) The County shall maintain a record of all decisions, including justification for their issuance, and report such decisions issued in its annual report submitted to the Federal Insurance Administration.

§ 105-14 Violations and penalties.

A. Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.

B. Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

C. Prosecution of violation. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.

D. 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, places, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be charged with a violation of this section and shall be fined according to the following schedule:

(1) $100 for any first offense;

(2) $250 for any second offense;

(3) $500 for any third offense;

(4) No less than $1,000 nor more than $10,000 for any fourth and subsequent offense, or by imprisonment not exceeding 10 days, or both such fine and imprisonment.

E. Repeat offenders shall not receive warnings and shall instead be subject to progressively increasing fines according to the foregoing schedule. Each day that any violation continues shall constitute a separate offense. The $100 minimum fine is mandatory and not subject to suspension. If there are any health and safety risks, then the appeal of the Kent County Community Board of Appeals shall not operate as a stay of any administrative or enforcement action taken by the Division of Inspections and Enforcement to correct these risks, unless together the Chairman of said Board and the building official jointly agree with the stay. Said agreement will be in writing with the copies presented to said Board.

§ 105-15 Stop-work orders.

A. Authority. Whenever the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or any other provisions of the Kent County Code, including § 205-415.1, or in a dangerous or unsafe condition, the building official is authorized to issue a stop-work order.

B. Issuance. The stop-work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop-work order, the cited work shall immediately cease. The stop-work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume.

C. Unlawful continuance. Any person who shall continue any work 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 charged with a violation of this section and shall be fined according to the following schedule:

(1) $100 for any first offense;

(2) $250 for any second offense;

(3) $500 for any third offense;

(4) No less than $1,000 nor more than $10,000 for any fourth and subsequent offense.

D. Repeat offenders shall not receive warnings and instead shall be subject to progressively increasing fines according to the foregoing schedule. Each day that any violation continues shall constitute a separate offense.

§ 105-16 Unsafe structures and equipment.

A. Conditions. Structures or existing equipment that is or hereafter becomes unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitutes a fire hazard, or is otherwise dangerous to human life or the public welfare, or that involves illegal or improper occupancy or inadequate maintenance shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.

B. Record. The building official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.

C. Notice. If an unsafe condition is found, the building official shall serve on the owner, agent or person in control of the structure a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of the order.

D. Method of service.

(1) Such notice shall be deemed properly served if a copy thereof is:

(a) Delivered to the owner personally;

(b) Sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested; or

(c) Delivered in any other manner as prescribed by local law.

(2) If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner.

E. Restoration. The structure or equipment determined to be unsafe by the building official is permitted to be restored to a safe condition. To the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions or change of occupancy shall comply with the requirements of Section 105.2.2, Chapter 34 of the IBC, and Appendix J of the IRC.

§ 105-17 Contractor licensing.

A. Contractor's license. All contractors shall possess a current business license with the State of Delaware.

B. Manufactured home licensing. See Delaware Code, Title 24, Professions and Occupations; Chapter 44, Manufactured Home Installation; Subchapter III, Manufactured Home Installation Code.

§ 105-18 Toilet facilities for workers.

A. General. Toilet facilities shall be provided for construction workers, and such facilities shall be maintained in a sanitary condition. Construction worker toilet facilities of the non-sewer type shall conform to ANSI Z4.3.

B. Employee toilet requirements for commercial projects. All worksites shall be supplied with employee toilets. The required number of toilets shall be:

(1) One commode for 20 or fewer employees; or

(2) One commode and one urinal, per 40 workers, for 20 or more employees.

C. Employee toilet requirements for residential developments. Toilet facilities shall be provided for construction workers in residential developments and shall be located a minimum of every 1,000 curb feet.

§ 105-19 Emergency communication systems.

A. Emergency communication systems. All newly constructed buildings in excess of 25,000 square feet of gross floor area, or renovations to existing structures where such renovations substantially affect in excess of 25,000 square feet of gross floor area, shall be designed, constructed and/or renovated so that emergency public safety personnel may send and receive emergency communications from within all areas of those buildings; or alternatively, all such buildings shall be equipped with emergency communications equipment so that emergency public safety personnel may send and receive emergency communications from all areas within the building.

B. Certificate of occupancy. Prior to the issuance of a certificate of occupancy, a certification from the State of Delaware Department of Safety and Homeland Security, as noted in Chapter 49 of Title 9 of the Delaware Code, § 4927, is required.

§ 105-20 Site address identification.

A. Address numbers.

(1) Commercial buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background.

(2) Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of eight inches (203.2 mm) high with a minimum stroke width of 3/4 inch (69.7 mm). Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. The remainder of the chapter is adopted without changes or additions.