Town of Dagsboro, DE Part 2 Building Code

[Adopted 9-13-1993 by Ord. No. 67]

Article II Adoption of Standards

§ 75-12 Adoption of building code.

[Amended 7-25-2005]

A. The International Building Code, 2003 Edition, and all subsequent editions, (including Appendix Chapters A, C, D, G and J) and, as applicable, the International Residential Code, 2003 Edition, and all subsequent editions, (including Appendix Chapters A, E and E) are hereby adopted by reference as the Building Code and Residential Code of the Town of Dagsboro. This chapter (“Building Construction”) and Chapter 118 (“Floodplain Management”) of the Town Code shall govern the issuance of building permits in the event of any conflict between said provisions and the provision of the International Building Code and the International Residential Code as adopted by reference by § 75-12.

B. The following sections of the International Building Code, 2003 Edition, are hereby revised:

	§ 101.1	Insert: Town of Dagsboro
	§ 1612.3	Insert: Town of Dagsboro
	§ 1612.3	Insert: [June 16, 1995]
	§ 3410.2	Insert: November, 1, 2005 [effective date]

C. The following sections of the International Residential Building Code are hereby revised:

	§ R101.1	Insert: Town of Dagsboro
	Table R301.2(1)	Insert: 120 mph (Basic wind speed)

D. Property Maintenance Code. The International Property Maintenance Code, 2003 Edition, and all subsequent editions thereof, as published, are hereby adopted as the Property Maintenance Code of the Town of Dagsboro. In the event that there exists any conflict between the provisions of the International Property Maintenance Code and the provisions of this Code, the provision of this Code shall prevail.

[Added 6-25-2007[1]]

[1] Editor's Note: This ordinance also redesignated former Subsection D as Subsection E.

E. Building Code Board of Appeals.

(1) Application. The application for appeal shall be filed on a form obtained from the Building Official within 20 days after notice was served.

(2) Membership of the Board. The Town Council shall sit as a Board of Appeals. The Building Official shall be an ex officio member of said Board but shall have no vote on any matter before the Board.

(3) Alternate members. The Mayor may appoint an alternate member to hear appeals during the absence of or disqualification of a member. Such alternate member shall be appointed for a period of one year.

(4) Rules and procedures. The Board is authorized to establish policies and procedures necessary to carry out its duties.

(5) Chairperson. The Mayor shall serve as Chairperson; in the Mayor's absence, the Mayor may appoint a substitute or, if that has not been done, the Board may select one of its members to serve as Chairperson during the absence of the Mayor.

(6) Disqualifications of member. A member shall not hear an appeal in which that member has a personal, professional or financial interest.

(7) Secretary. The Board of Appeals shall designate a qualified clerk to serve as secretary to the Board. The secretary shall file a detailed report of all proceedings in the office of the Town.

(8) Notice of meeting. The Board shall meet upon notice from the Chairperson.

(9) Open hearings. All hearings before the Board of Appeals shall be open to the public. The appellant, the appellant's representative, the Building Official and any person whose interests are affected shall be given opportunity to be heard.

(10) Procedure. The Board shall adopt, and make available to the public through the secretary, 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.

(11) Board decision. The Board shall modify or reverse the decision of the Building Official by a concurring vote of a majority of its members.

(12) Administration. The Building Official shall take immediate action in accordance with the decision of the Board.

§ 75-13 Purpose.

The adoption of this code is done to facilitate the proper inspection activities by the Town of Dagsboro relating to construction of buildings within the Town and relating to the public safety, health and general welfare.

§ 75-14 Additions, insertions and changes.

That the following sections are hereby revised to read as follows:

A. The entire Section 101.4. Building Department is hereby deleted and the following is substituted in lieu thereof:

	Section 101.4 Enforcement Official
		Section 101.4.1 Enforcement of this code and article is the responsibility of the Town Council.
		Section 101.4.2 Building Official
		The Council may appoint a Building Official known as the “Building Inspector” who shall serve at the direction of the Council. The Building Inspector shall be appointed solely on the basis of his qualifications and past experience.
		Section 101.4.3 Deputy Building Inspector
		The Council may hire a Deputy Building Inspector as deemed necessary.
		Section 101.4.4 Restrictions on Employees
		An officer or employee connected with building code enforcement except one whose only connection is as a member of the board established by this code and article shall not be financially interested in the furnishing of labor, material or appliances for the construction, alteration or maintenance of the building or of the making of plans or of specifications therefor, unless he is the owner of such building. Such officer or employee shall not engage in any other work which is inconsistent with his duties or with the interest of the Town.
		Section 101.4.5 Records
		The Building inspector shall keep or cause to be kept a record of the business of enforcement of this code and article. The records of the Building Inspector shall be open to public inspection.
		Section 101.4.6 Reports
		The Building Inspector shall submit, upon request and at least annually, a report covering the work of the Building Inspector or Inspectors during the preceding year. He shall incorporate in said report a summary of the decisions of the Board of Adjustment and Appeals during said period.

B. Section 103.6.1 Permit Intent, the second sentence is hereby deleted and the following is substituted in lieu thereof:

Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 12 months after the work is commenced.

C. Section 105.1 Appointment [Construction Board of Appeals] is hereby deleted and the following is substituted in lieu thereof:

There is hereby established a Board to be called the “Construction Board of Adjustment and Appeals” which shall consist of five members and two alternates. Said Board shall be appointed by the Town Council.

D. Section 105.2.3 Quorum and Voting is hereby deleted and the following is substituted in lieu thereof:

Three members of the Board shall constitute a quorum. In varying the application of any provision of this code or in modifying an order of the Building Inspector, affirmative votes of the majority present, but not less than three affirmative votes, shall be required. In the event that regular members are unable to attend a meeting, the alternate members, if appointed and present, shall vote.

E. Section 107.1 Violations and Penalties is hereby deleted and the following is substituted in lieu thereof:

Any person, firm corporation or agent who shall violate a provision of this code, or fail to comply therewith, or any of the requirements thereof, or who shall erect, construct, alter, install, demolish or move any structure, electrical, gas, mechanical or plumbing system, or has erected, constructed, altered, repaired, moved or demolished a building, structure, electrical, gas, mechanical or plumbing system, in violation of a detained statement or drawing submitted and permitted thereunder, shall be guilty of a misdemeanor punishable by a fine of not more than $50 or by imprisonment not exceeding 30 days, or both such fine and imprisonment, as well as costs of enforcement, including attorney's fees. Each such person shall be considered guilty of a separate offense of each and every day or portion thereof during which any violation of any of the provision of this code is committed or continued, and upon conviction of any such violation such person shall be punished within the limits and as provided by state laws.

Section 107.2. Unlawful Continuance: Any person who shall continue any work in or about the structure after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, shall be liable to a fine of not less than $25 nor more than $50. Each day that a violation continues shall be deemed a separate offense.