[HISTORY: Adopted by the Commissioners of the City of Rehoboth Beach 11-8-1974 as Ch. 10, Art. 2, of the 1974 Code; amended in its entirety 10-21-1988 by Ord. No. 1088-2. Subsequent amendments noted where applicable.]
The Delaware State Housing Code as found at Title 31, Chapter 41, of the Delaware Code, as it exists at this date and as it may be amended in the future, is adopted as the Housing Code for Rehoboth Beach pursuant to the authority found at 31 Del. C. § 4107, with the following modifications:
Title 31, § 4103, of the Delaware Code applicable for the purposes of Rehoboth Beach is modified to read: "The State Housing Code shall apply to existing residential structures used for human habitation. The provisions are designed to eliminate or prevent substandard conditions with respect to structures, protect against fire hazards, provide for adequate space for light and air, provide for proper heating and ventilating and eliminate unsanitary conditions and overcrowding. Every portion of a building or premises used or intended to be used for residential purposes shall comply with this chapter."
At 31 Del. C. § 4105(c), the words "The State Housing Code shall not apply to any existing resort residential structure held primarily for the production of income and which is offered for seasonal rental for the months of May through September inclusive" are deleted and the following sentence is substituted in lieu thereof: "The provisions of the State Housing Code, for purposes of its applicability to the City of Rehoboth Beach, shall apply to any existing resort residential structure held primarily for the production of income and which is offered for rental whether seasonally or otherwise, except that for any structures, dwelling units and guest rooms which are offered for seasonal rental during only the months of May through September inclusive, the heating requirements of § 4117(a) of the State Housing Code shall not be required to be met."
The language at 31 Del. C. § 4117(a) is amended to read as follows: "(a) Heating. Every dwelling unit and guest room, unless offered for seasonal rental during only the months of May through September, inclusive, shall be provided with heating facilities capable of maintaining a room temperature of 65° F., at a point three feet above the floor and three feet from an exterior wall in all habitable rooms, bathrooms and toilet rooms."
No owner, operator or occupant shall cause any service equipment or utility which is required by this chapter to be removed, shut off or discontinued for any occupied dwelling let or occupied by him, except for such temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies.
Every dwelling of three or more dwelling units in which the owner or operator does not reside shall have a janitor as found necessary by the City Manager.
A contract effective as between owner and operator, operator and occupant or owner and occupant, with regard to compliance hereunder shall not relieve any party of his direct responsibility under this chapter.