[HISTORY: Adopted by the Mayor and Council of the Town of Elsmere 8-11-2022 by Ord. No. 665.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 76, Building Construction, comprising Art. I, Maintenance of Building Sites, adopted 4-8-1999 by Ord. No. 372, as amended; Art. II, Adoption of Building, Residential, Plumbing, Mechanical and Fuel Gas Standards, adopted 9-18-2003 by Ord. No. 420, as amended; and Art. III, Waiver of Building Permit Fees, adopted 10-9-2008 by Ord. No. 499, as amended.
As used in this article, the following terms shall have the meanings indicated:
BUILDING SITE
All land owned by the builder and all land used in conjunction with construction, including all public and private rights-of-way and easements.
All building sites within the Town of Elsmere shall be maintained clean, safe, sanitary and free from any accumulation of rubbish, trash, garbage, filth, junk, discarded materials or equipment, unrepaired ground, debris of any kind, toxic or hazardous wastes or other waste material.
All building sites within the Town of Elsmere shall be maintained in such a manner that runoff of soil or other materials from the building site onto lands adjacent to the building site does not occur.
All building sites which are to be closed or unattended for a period exceeding five days shall be inspected and approved by the Code Enforcement Officer of the Town of Elsmere prior to the building site being left closed or unattended for a period exceeding five days.
Any person violating the provisions of this article and who shall fail to comply with any notice or order issued by the Code Enforcement Officer relating to the provisions of this article shall, upon conviction thereof, be guilty of a misdemeanor and be subject to a fine of not less than $100 nor more than $300 or imprisonment for not more than 30 days, or both such fine and imprisonment. Each day that each violation continues shall be deemed a further offense punishable by a further sum of $50 per day, per violation. The imposition of a penalty for any violation of this article shall not excuse the violation nor permit it to continue.
A certain document, a copy of which is on file in the office of the Town Manager of the Town of Elsmere, being marked and designated "International Building Code, 2021 Edition," and all appendices therein, with the exception of "Appendix A," "Appendix B," "Appendix D," "Appendix L" and "Appendix M," as published by International Code Council, Inc., be and is hereby adopted as the Building Code of the Town of Elsmere for the control of buildings and structures as herein provided; and each and all regulations, provisions, penalties, conditions and terms of said International Building Code are hereby adopted and made a part hereof as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 76-8 of this article.
A. 
Chapter 1, Scope and Administration. Section 101.1, Title, is amended by deleting "[Name of Jurisdiction]" and inserting "Town of Elsmere."
B. 
Chapter 1, Scope and Administration. Section 103.1, Code Compliancy Agency, is amended by deleting "[Insert name of Department]" and inserting "Town of Elsmere, Code Enforcement Department."
C. 
Chapter 1, Scope and Administration. Section 105.1.1, Annual permit, shall be deleted in its entirety.
D. 
Chapter 1, Scope and Administration: Section 105.1.2, Annual permit records, shall be deleted in its entirety.
E. 
Chapter 1, Scope and Administration: Section 105.2, Work exempt from permit, Building, Item 6, "Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route," shall be deleted in its entirety.
F. 
Chapter 1, Scope and Administration. Section 109.2, Schedule of permit fees, shall be deleted in its entirety and insert in lieu thereof a new Section 109.2 to read as follows:
109.2 Schedule of permit fees. The fees shall be calculated in accordance with the current permit fee schedule as adopted in Resolution 21-03 by Mayor and Council on June 10, 2021.
G. 
Chapter 1, Scope and Administration.
SECTION 113
APPEALS
113.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Board of Adjustment of the Town of Elsmere, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted or the provisions of this code do not fully apply. Additionally, an application for appeal may be based on a claim that an action other than what is required by the code: 1) provides the same or better protections than what the code requires; and 2) will not cost the Town of Elsmere any more money than enforcing the code as written. If the appellant proves that an action other than what is required by the code meets these two requirements, the Board of Adjustment may, in its discretion, either enforce the code as written or permit the proposed alternative action.
113.2 Notice of meeting. The Board of Adjustment shall meet upon notice from the chairman, and conduct the appeal hearing within 20 days of the filing of an appeal.
113.3 Open hearing. All hearings before the Board of Adjustment shall be open to the public. The appellant, the appellant's representative, the code official and any person who has been called as a witness or whose interests are affected shall be given an opportunity to be heard.
113.4 Procedure. The Board of Adjustment shall set and make available the procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
113.5 Postponed hearing. Either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.
113.6 Board decision. After hearing the evidence provided at the hearing, the Board of Adjustment shall modify or reverse the decision of the code official only by a concurring vote of a majority board members present.
113.7 Records and copies.The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the code official.
113.8 Administration. The code official shall take immediate action in accordance with the decision of the Board of Adjustment.
113.9 Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the decision of the Board of Adjustment.
113.10 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the Board of Adjustment.
H. 
Chapter 16, Structural Design. Section 1612.3, Establishment of flood hazard areas, is amended by deleting "[Insert name of jurisdiction], dated [Insert Date of Issuance]" and inserting "Town of Elsmere, dated January 22, 2020, or current flood hazard maps pursuant to the Federal Emergency Management Agency of Delaware."
A certain document, a copy of which is on file in the office of the Town Manager of the Town of Elsmere, being marked and designated "International Residential Code, 2021 Edition," and all appendices therein, with the exception of "Appendix AL," "Appendix AM" and "Appendix AV," as published by International Code Council, Inc., be and is hereby adopted as the Building Code of the Town of Elsmere for the control of buildings and structures as herein provided; and each and all regulations, provisions, penalties, conditions and terms of said International Residential Code are hereby adopted and made a part hereof as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 76-10 of this article.
A. 
Chapter 1, Scope and Administration. Section R101.1, Title, is amended by deleting "[Name of Jurisdiction]" and inserting "Town of Elsmere."
B. 
Chapter 1, Scope and Administration.
SECTION R112
APPEALS
R112.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Board of Adjustment of the Town of Elsmere, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted or the provisions of this code do not fully apply. Additionally, an application for appeal may be based on a claim that an action other than what is required by the code: 1) provides the same or better protections than what the code requires; and 2) will not cost the Town of Elsmere any more money than enforcing the code as written. If the appellant proves that an action other than what is required by the code meets these two requirements, the Board of Adjustment may, in its discretion, either enforce the code as written or permit the proposed alternative action.
R-112.1(a) Notice of meeting. The Board of Adjustment shall meet upon notice from the chairman, and conduct the appeal hearing within 20 days of the filing of an appeal.
R112.1(b) Open hearing. All hearings before the Board of Adjustment shall be open to the public. The appellant, the appellant's representative, the code official and any person who has been called as a witness or whose interests are affected shall be given an opportunity to be heard.
R112.1(c) Procedure. The Board of Adjustment shall set and make available the procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
R112.1(d) Postponed hearing. Either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.
R112.1(e) Board decision. After hearing the evidence provided at the hearing, the Board of Adjustment shall modify or reverse the decision of the code official only by a concurring vote of a majority board members present.
R112.1(f) Records and copies. The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the code official.
R112.1(g) Administration. The code official shall take immediate action in accordance with the decision of the Board of Adjustment.
R112.1(h) Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the decision of the Board of Adjustment.
R112.1(i) Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the Board of Adjustment.
C. 
Chapter 3, Building and Planning.
Table R301.2(1) CLIMATE AND GEOGRAPHIC DESIGN CRITERIA
076 Table R301.2(1).tif
A certain document, a copy of which is on file in the office of the Town Manager of the Town of Elsmere being marked and designated "International Plumbing Code, 2021 Edition, and all appendices therein, with the exception of "Appendix F," as published by International Code Council, Inc., be and is hereby adopted as the Building Code of the Town of Elsmere for the control of buildings and structures as herein provided; and each and all regulations, provisions, penalties, conditions and terms of said International Plumbing Code are hereby adopted and made a part hereof as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 76-12 of this article.
A. 
Chapter 1, Scope and Administration.
Section 101.1, Title, is amended by deleting "[Name of Jurisdiction]" and inserting "Town of Elsmere."
B. 
Chapter 1, Scope and Administration. Section 103.1, Creation of agency, is amended by deleting "[Insert name of Department]" and inserting "Town of Elsmere, Code Enforcement Department."
C. 
Chapter 1, Scope and Administration. Section 106.1.1, Annual permit, shall be deleted in its entirety.
D. 
Chapter 1, Scope and Administration. Section 106.1.2, Annual permit records, shall be deleted in its entirety.
E. 
Chapter 1, Scope and Administration. Section 109.2, Schedule of permit fees, shall be deleted in its entirety and insert in lieu thereof a new Section 109.2 to read as follows:
109.2 Schedule of permit fees. The fees shall be calculated in accordance with the current permit fee schedule as adopted in Resolution 21-03 by Mayor and Council on June 10, 2021.
F. 
Chapter 1, Scope and Administration.
SECTION 114
APPEALS
114.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Board of Adjustment of the Town of Elsmere, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted or the provisions of this code do not fully apply. Additionally, an application for appeal may be based on a claim that an action other than what is required by the code: 1) provides the same or better protections than what the code requires; and 2) will not cost the Town of Elsmere any more money than enforcing the code as written. If the appellant proves that an action other than what is required by the code meets these two requirements, the Board of Adjustment may, in its discretion, either enforce the code as written or permit the proposed alternative action.
114.2 Notice of meeting. The Board of Adjustment shall meet upon notice from the chairman, and conduct the appeal hearing within 20 days of the filing of an appeal.
114.3 Open hearing. All hearings before the Board of Adjustment shall be open to the public. The appellant, the appellant's representative, the code official and any person who has been called as a witness or whose interests are affected shall be given an opportunity to be heard.
114.4 Procedure. The Board of Adjustment shall set and make available the procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
114.5 Postponed hearing. Either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.
114.6 Board decision. After hearing the evidence provided at the hearing, the Board of Adjustment shall modify or reverse the decision of the code official only by a concurring vote of a majority board members present.
114.7 Records and copies. The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the code official.
114.8 Administration. The code official shall take immediate action in accordance with the decision of the Board of Adjustment.
114.9 Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the decision of the Board of Adjustment.
114.10. Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the Board of Adjustment.
G. 
Chapter 3, General Regulations.
(1) 
Section 305.4.1, Sewer depth, is amended by deleting "[NUMBER]" and inserting "32 inches (812.8 mm)."
(2) 
Section 305.4.1, Sewer depth, is amended by deleting "[NUMBER]" and inserting "32 inches (812.8 mm)."
H. 
Chapter 9, Vents. Section 903.1.1, Roof extension unprotected, is amended by deleting "[NUMBER]" and inserting "six inches (150 mm)."
A certain document, a copy of which is on file in the office of the Town Manager of the Town of Elsmere, being marked and designated "International Mechanical Code, 2021 Edition," as published by International Code Council, Inc., be and is hereby adopted as the Building Code of the Town of Elsmere for the control of buildings and structures as herein provided; and each and all regulations, provisions, penalties, conditions and terms of said International Mechanical Code are hereby adopted and made a part hereof as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 76-14 of this article.
A. 
Chapter 1, Scope and Administration. Section 101.1, Title, is amended by deleting "[Name of Jurisdiction]" and inserting "Town of Elsmere."
B. 
Chapter 1, Scope and Administration. Section 103.1, Creation of agency, is amended by deleting "[Insert name of Department]" and inserting "Town of Elsmere, Code Enforcement Department."
C. 
Chapter 1, Scope and Administration. Section 106.1.1, Annual permit, shall be deleted in its entirety.
D. 
Chapter 1, Scope and Administration. Section 106.1.2, Annual permit records, shall be deleted in its entirety.
E. 
Chapter 1, Scope and Administration. Section 109.2 Schedule of permit fees, shall be deleted in its entirety and insert in lieu thereof a new Section 109.2 to read as follows:
109.2 Schedule of permit fees. The fees shall be calculated in accordance with the current permit fee schedule as adopted in Resolution 21-03 by Mayor and Council on June 10, 2021.
F. 
Chapter 1, Scope and Administration.
SECTION 114
APPEALS
114.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Board of Adjustment of the Town of Elsmere, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted or the provisions of this code do not fully apply. Additionally, an application for appeal may be based on a claim that an action other than what is required by the code: 1) provides the same or better protections than what the code requires; and 2) will not cost the Town of Elsmere any more money than enforcing the code as written. If the appellant proves that an action other than what is required by the code meets these two requirements, the Board of Adjustment may, in its discretion, either enforce the code as written or permit the proposed alternative action.
114.2 Notice of meeting. The Board of Adjustment shall meet upon notice from the chairman, and conduct the appeal hearing within 20 days of the filing of an appeal.
114.3 Open hearing. All hearings before the Board of Adjustment shall be open to the public. The appellant, the applicant's representative, the code official and any person who has been called as a witness or whose interests are affected shall be given an opportunity to be heard.
114.4 Procedure. The Board of Adjustment shall set and make available the procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
114.5 Postponed hearing. Either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.
114.6 Board decision. After hearing the evidence provided at the hearing the Board of Adjustment shall modify or reverse the decision of the code official only by a concurring vote of a majority board members present.
114.7 Records and copies. The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the code official.
114.8 Administration. The code official shall take immediate action in accordance with the decision of the Board of Adjustment.
114.9 Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the decision of the Board of Adjustment.
114.10 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the Board of Adjustment.
A certain document, a copy of which is on file in the office of the Town Manager of the Town of Elsmere, being marked and designated "International Fuel Gas Code, 2021 Edition," and all appendices therein, with the exception of "Appendix E," as published by International Code Council, Inc., be and is hereby adopted as the Fuel Gas Code of the Town of Elsmere for the control of buildings and structures as herein provided; and each and all regulations, provisions, penalties, conditions and terms of said International Fuel Gas Code are hereby adopted and made a part hereof as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 76-16 of this article.
A. 
Chapter 1, Scope and Administration. Section [A] 101.1, Title, is amended by deleting "[Name of Jurisdiction]" and inserting "Town of Elsmere."
B. 
Chapter 1, Scope and Administration. Section [A] 103.1, Creation of agency, is amended by deleting "[Insert name of Department]" and inserting "Town of Elsmere, Code Enforcement Department."
C. 
Chapter 1, Scope and Administration. Section 106.1.1, Annual permit, shall be deleted in its entirety.
D. 
Chapter 1, Scope and Administration. Section 106.1.2, Annual permit records, shall be deleted in its entirety.
E. 
Chapter 1, Scope and Administration. Section 109.2, Schedule of permit fees, shall be deleted in its entirety and insert in lieu thereof a new Section 109.2 to read as follows:
109.2 Schedule of permit fees. The fees shall be calculated in accordance with the current permit fee schedule as adopted in Resolution 21-03 by Mayor and Council on June 10, 2021.
F. 
Chapter 1, Scope and Administration.
SECTIONS 113 and 114 (IFGC)
APPEALS
113/114.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Board of Adjustment of the Town of Elsmere, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted or the provisions of this code do not fully apply. Additionally, an application for appeal may be based on a claim that an action other than what is required by the code: 1) provides the same or better protections than what the code requires; and 2) will not cost the Town of Elsmere any more money than enforcing the code as written. If the appellant proves that an action other than what is required by the code meets these two requirements, the Board of Adjustment may, in its discretion, either enforce the code as written or permit the proposed alternative action.
113/114.2 Notice of meeting. The Board of Adjustment shall meet upon notice from the chairman, and conduct the appeal hearing within 20 days of the filing of an appeal.
113/114.3 Open hearing. All hearings before the Board of Adjustment shall be open to the public. The appellant, the appellant's representative, the code official and any person who has been called as a witness or whose interests are affected shall be given an opportunity to be heard.
113/114.4 Procedure. The Board of Adjustment shall set and make available the procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
113/114.5 Postponed hearing. Either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.
113/114.6 Board decision. After hearing the evidence provided at the hearing, the Board of Adjustment shall modify or reverse the decision of the code official only by a concurring vote of a majority of board members present.
113/114.7 Records and copies. The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the code official.
113/114.8 Administration. The code official shall take immediate action in accordance with the decision of the Board of Adjustment.
113/114.9 Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the decision of the Board of Adjustment.
113/114.10 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the Board of Adjustment.
A certain document, a copy of which is on file in the office of the Town Manager of the Town of Elsmere, being marked and designated "International Energy Conservation Code, 2021 Edition," and all appendices therein, with the exception of "Appendix RA" and "Appendix CA," as published by International Code Council, Inc., be and is hereby adopted as the Energy Conservation Code of the Town of Elsmere for the control of buildings and structures as herein provided; and each and all regulations, provisions, penalties, conditions and terms of said International Energy Conservation Code are hereby adopted and made a part hereof as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 76-18 of this article.
A. 
Chapter 1 (CE and RE), Scope and Administration. Sections C101.1 and R101.1, Title, are amended by deleting "[Name of Jurisdiction]" and inserting "Town of Elsmere."
B. 
Chapter 1 (CE and RE), Scope and Administration. Sections C104.2 and R104.2, Schedule of permit fees, shall be deleted in their entirety and insert in lieu thereof new Sections C104.2 and R104.2 to read as follows:
C104.2 Schedule of permit fees. The fees shall be calculated in accordance with the current permit fee schedule as adopted in Resolution 21-03 by Mayor and Council on June 10, 2021.
and
R104.2 Schedule of permit fees. The fees shall be calculated in accordance with the current permit fee schedule as adopted in Resolution 21-03 by Mayor and Council on June 10, 2021.
C. 
Chapter 1 (CE and RE), Scope and Administration.
SECTION C110 and R110
APPEALS
C110.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Board of Adjustment of the Town of Elsmere, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted or the provisions of this code do not fully apply. Additionally, an application for appeal may be based on a claim that an action other than what is required by the code: 1) provides the same or better protections than what the code requires; and 2) will not cost the Town of Elsmere any more money than enforcing the code as written. If the appellant proves that an action other than what is required by the code meets these two requirements, the Board of Adjustment may, in its discretion, either enforce the code as written or permit the proposed alternative action.
C110.2 Notice of meeting. The Board of Adjustment shall meet upon notice from the chairman, and conduct the appeal hearing within 20 days of the filing of an appeal.
C110.3 Open hearing. All hearings before the Board of Adjustment shall be open to the public. The appellant, the appellant's representative, the code official and any person who has been called as a witness or whose interests are affected shall be given an opportunity to be heard.
C110.4 Procedure. The Board of Adjustment shall set and make available the procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
C110.5 Postponed hearing. Either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.
C110.6 Board decision. After hearing the evidence provided at the hearing, the Board of Adjustment shall modify or reverse the decision of the code official only by a concurring vote of a majority of board members present.
C110.7 Records and copies. The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the code official.
C110.8 Administration. The code official shall take immediate action in accordance with the decision of the Board of Adjustment.
C110.9 Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the decision of the Board of Adjustment.
C110.10 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the Board of Adjustment.
A certain document, a copy of which is on file in the office of the Town Manager of the Town of Elsmere, being marked and designated "International Existing Building Code, 2021 Edition," and all appendices therein, with the exception of "Appendix D" as published by International Code Council, Inc., be and is hereby adopted as the Existing Building Code of the Town of Elsmere for the control of buildings and structures as herein provided; and each and all regulations, provisions, penalties, conditions and terms of said International Existing Building Code are hereby adopted and made a part hereof as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 76-20 of this article.
A. 
Chapter 1, Scope and Administration. Section [A] 101.1, Title, is amended by deleting "[Name of Jurisdiction]" and inserting "Town of Elsmere."
B. 
Chapter 1, Scope and Administration. Section [A] 103.1, Creation of Agency, is amended by deleting "[Insert name of Department]" and inserting "Town of Elsmere, Code Enforcement Department."
C. 
Chapter 1, Scope and Administration. Section 105.1.1, Annual permit, shall be deleted in its entirety.
D. 
Chapter 1, Scope and Administration. Section 105.1.2, Annual permit records, shall be deleted in its entirety.
E. 
Chapter 1, Scope and Administration. Section 105.2, Work exempt from permit, Building, Item 1, "Sidewalks and driveways not more than 30 inches (762 mm) above grade, and not over any basement or story below and that are not part of an accessible route," shall be deleted in its entirety.
F. 
Chapter 1, Scope and Administration. Section 108.2 Schedule of permit fees, shall be deleted in its entirety and insert in lieu thereof a new Section 108.2 to read as follows:
108.2 Schedule of permit fees. The fees shall be calculated in accordance with the current permit fee schedule as adopted in Resolution 21-03 by Mayor and Council on June 10, 2021.
G. 
Chapter 1, Scope and Administration.
SECTION 112
APPEALS
112.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Board of Adjustment of the Town of Elsmere, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted or the provisions of this code do not fully apply. Additionally, an application for appeal may be based on a claim that an action other than what is required by the code: 1) provides the same or better protections than what the code requires; and 2) will not cost the Town of Elsmere any more money than enforcing the code as written. If the appellant proves that an action other than what is required by the code meets these two requirements, the Board of Adjustment may, in its discretion, either enforce the code as written or permit the proposed alternative action.
112.2 Notice of meeting. The Board of Adjustment shall meet upon notice from the chairman, and conduct the appeal hearing within 20 days of the filing of an appeal.
112.3 Open hearing. All hearing before the Board of Adjustment shall be open to the public. The appellant, the appellant's representative, the code official and any person who has been called as a witness or whose interests are affected shall be given an opportunity to be heard.
112.4 Procedure. The Board of Adjustment shall set and make available the procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
112.5 Postponed hearing. Either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.
112.6 Board decision. After hearing the evidence provided at the hearing, the Board of Adjustment shall modify or reverse the decision of the code official only by a concurring vote of a majority board members present.
112.7 Records and copies. The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the code official.
112.8 Administration. The code official shall take immediate action in accordance with the decision of the Board of Adjustment.
112.9 Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the decision of the Board of Adjustment.
112.10 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the Board of Adjustment.