Kent County, DE Article III International Building Code

§ 105-21 Adoption of International Building Code.

That certain document, on file in the Department of Planning Services, Division of Inspection and Enforcement, being marked and designated as the "International Building Code, 2018 edition," as published by the International Code Council, be and is hereby, adopted as the Building Code of Kent County. All the regulations, provisions, conditions, and terms of the International Building Code, 2018 edition, and any supplements, referenced codes, and standards are hereby referred to, adopted, and made part of this chapter as if fully set out in this legislation, with the additions, insertions, deletions, and changes prescribed in § 105-22 below.

§ 105-22 Amendments to International Building Code.

The following sections of the International Building Code, 2018 edition, are revised as follows. References to the International Fire Code, 2018 edition, as published by the International Code Council, specifically are not adopted. Provisions of the International Fire Code are addressed through the adoption of the National Fire Prevention Association (NFPA) Codes and Standards and the Delaware Fire Prevention Regulations as adopted by the Delaware State Fire Marshal's Office.

A. Chapter 1, Administration.

(1) Chapter 1, Administration, is amended by deleting the chapter in its entirety. Refer to Article II of this chapter.

B. Chapter 3, Use and Occupancy Classifications.

(1) Section 305.2:

305.2. Group E, day-care facilities. This group includes buildings and structures or portions thereof occupied by more than five children older than 2 1/2 years of age who receive educational or personal care services, or supervision for fewer than 24 hours per day.

305.2.1. Within places of religious worship. Rooms and spaces within places of religious worship providing such day care during religious functions shall be classified as part of the primary occupancy.

305.2.2. Five or fewer children. A facility having five or fewer children receiving such day care shall be classified as part of the primary occupancy.

305.2.3. Five or fewer children in a dwelling unit. A facility such as the above within a dwelling unit and having five or fewer children receiving such day care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code/2018 and this code.

Exception: Those buildings approved by the Department of Planning Services as a family child care home, caring for nine children or less, shall be classified as a Group R-3 or shall comply with the International Residential Code/2018. Compliance with any applicable provisions of Title III of the Americans with Disabilities Act shall be the responsibility of the applicant.

(2) Section 308.5:

308.5. Group I-4, day-care facilities. This group shall include buildings and structures occupied by persons of any age who receive custodial care for less than 24 hours by individuals other than parents or guardians or relatives by blood, marriage or adoption and in a place other than the home of the recipient of care.

C. Section 429, Home Occupations.

(1) Section 429.1:

429.1. General. Home-based occupations as defined by Chapter 205, Zoning, shall be classified as Group R-3 occupancy and shall comply with the residential requirements of this code. Compliance with any applicable provisions of Title III of the Americans with Disabilities Act shall be the responsibility of the applicant.

Exception: The building official or designee may determine that specific home occupations, including, but not limited to, auto repair shops, cabinet shops, and welding shops, may be required to comply with other provisions of this code pertaining to life and safety (e.g., building structural loads, ventilation, etc.).

D. Chapter 16, Structural Design.

(1) Section 1612.3:

1612.3. Establishment of flood hazard areas. To establish flood hazard areas, the applicable governing authority shall adopt a Flood Hazard Map and supporting data. The Flood Hazard Map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency (FEMA) in an engineering report entitled "The Flood Insurance Study for Kent County, Delaware," date most recently enacted, as amended or revised, with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM), along with any related supporting data pertaining to any revisions. The adopted Flood Hazard Map and supporting data are hereby adopted by reference and declared to be part of this section.

E. Appendix H, Signs.

(1) Section H101, General.

(a) Section H101.2:

H101.2. Signs exempt from permits. The following signs are exempt from the requirements to obtain a permit before erection:
(1)	Painted nonilluminated signs.
(2)	Temporary signs announcing the sale or rent of property.
(3)	Signs erected by transportation authorities.
(4)	Projecting signs not exceeding 2.5 square feet (0.23 m2).
(5)	The changing of movable parts of an approved sign that is designed for such changes, or the repainting or repositioning of display matter shall not be deemed an alteration.
(6)	Public and quasi-public signs.
(7)	Signs forming an integral part of fuel-dispensing pumps, vending machines or service appliances.
(8)	Directional signs measuring less than six square feet in area that only guide or direct traffic on the property on which they are placed. See also Kent County Code Chapter 205, Zoning.