This chapter shall be known as the Kent County, Delaware Housing Code which establishes minimum property maintenance standards for structures covered by this chapter and is herein sometimes referred to as the "Kent County Housing Code" or "code" and shall apply to and include the entire County of Kent except as may be exempted by this chapter. This code is based on Title 31, Chapter 41 (Delaware State Housing Code) of the Delaware Code, and must continuously meet the minimum standards established in the Delaware State Housing Code.
This chapter is intended to protect the public safety, health and welfare
in existing residential structures and on existing residential premises, as
hereinafter provided by:
A.Â
Establishing minimum maintenance standards for existing
residential structures and premises for basic equipment and facilities for
light, ventilation, heat and sanitation; for safety from fire; for space;
and for safe and sanitary maintenance of existing structures and premises.
B.Â
Fixing the responsibilities of owners, operators and
occupants of all structures.
C.Â
Providing for administration, enforcement and penalties.
The Kent County 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, except hotels and motels serving transient
guests only, migratory labor housing, rest homes, convalescent homes, nursing
homes, recreational campers and civil defense shelters. For the purpose of
this chapter, regulations by the State Department of Health and Social Services
for Migratory Labor Camps will apply to migrant housing.
The entire chapter shall be liberally interpreted so as to minimize
displacement of persons whose dwelling units may deviate from this chapter's
specifications but do not pose an imminent threat to the health, safety and
general welfare of the occupants and other persons. Additionally, this chapter
is to be liberally interpreted so as to minimize hardships to persons that
inhabit or own dwelling units which deviate from this chapter's specifications
but do not pose an imminent threat to the health, safety and general welfare
of the occupants and other persons.
A.Â
This chapter does not replace or modify requirements
otherwise established for the construction, repair, alteration or use of buildings
and facilities related thereto.
B.Â
Nothing in this chapter shall be deemed to abolish or
impair existing rights or remedies of a municipality or its officers or agencies
relating to the removal or demolition of any buildings which are deemed to
be unsafe or unsanitary.
C.Â
The Kent County Housing Code shall not apply to any existing
single-family owner-occupied residential structure. The provisions shall become
and remain applicable upon the rental or sale of such residential structure
after the effective date hereof. The Kent County Housing Code shall not apply
to any existing resort residential structure with an occupancy limited to
the months of May through September inclusively.
D.Â
When there are practical difficulties involved in carrying
out the provisions of this code, such that the literal application of the
requirements of the code would cause undue hardship or the displacement of
low income occupants with no affordable housing alternatives, the code official
is permitted to vary or modify such provision(s) upon written application
of the owner or the owner's representative, provided that the spirit and intent
of the law shall be observed and public welfare and safety be assured.
E.Â
The State Housing Code shall not be administered in any community which has enacted its own code which contains minimum standards for the promotion and protection of the safety and health of the public which are equal to or exceed the standards established by Article II hereof and administration and enforcement procedures which are substantially equivalent to those set forth in Article III hereof, as determined by the Housing Director. At the request of any community which has adopted a housing code, the Housing Director shall provide written notice to the community of its determination, stating the reasons therefore. Provided, however, that if such community thereafter seeks to amend, alter or otherwise change its housing code, it shall provide the Housing Director with a copy of such proposed change. In such a case, the Housing Director shall notify such community in writing within 60 days of receipt of such proposed change of its determination whether such proposed change meets the standards set forth in this Subsection E, and, in such case, the State Housing Code shall not be administered in such community, notwithstanding such amendment or change.
A.Â
Words used in the present tense include the future; the
singular includes the plural and the plural includes the singular. Unless
otherwise expressly stated, where terms are not defined under this chapter,
they shall have ascribed to them their ordinarily accepted meanings or such
as the context herein may imply. Whenever the words "multifamily dwelling,"
"residence building," "dwelling unit," "mobile home" or "premises" are used
in this chapter, they shall be construed as though they were followed by the
words "or any part thereof."
B.Â
APPROVED
BASEMENT
CELLAR
CENTRAL HEATING
CODE OFFICIAL
COMMUNITY
CONDEMN
CONDEMNATION
DWELLING
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
DWELLING UNIT
ENFORCEMENT OFFICER
EXTERIOR PROPERTY AREAS
EXTERMINATION
FAMILY
GARBAGE
HABITABLE SPACE
HOTEL
HOUSING DIRECTOR
INFESTATION
JUNK VEHICLE
(1)Â
(2)Â
LET FOR OCCUPANCY or LET
MAINTENANCE
MOTEL
MULTIFAMILY (MULTIPLE) DWELLINGS
OCCUPANT
OPENABLE AREA
OPERATOR
OVERCROWDED
OWNER
PERSON
PLUMBING
PLUMBING FIXTURE
PREMISES
PUBLIC NUISANCE
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
RENOVATION
RESIDENCE BUILDING
ROOMING HOUSE
ROOMING UNIT
RUBBISH
STRUCTURE
SUPPLIED
VENTILATION
(1)Â
(2)Â
WORKMANLIKE
YARD
The following terms are defined as listed below:
As applied to a material, device or method of construction, shall
mean approved by the code official under this chapter or approved by other
authority designated by law to give approval in the matter in question.
That portion of a building which is partly below and partly above
grade, and having at least 1/2 its height above grade (see "cellar").
That portion of a building which is partly or completely below grade,
and having at least 1/2 its height below grade (see "basement").
The heating system permanently installed and adjusted so as to provide
the distribution of heat to all habitable rooms, bathrooms and water closet
compartments from a source outside of these rooms.
The official who is charged with the administration and enforcement
of this chapter, or any duly authorized representative. For Kent County the
code official shall be the Division Head of Inspections and Enforcement, or
any duly authorized representative.
Any municipality in Kent County.
To adjudge unfit for residential use or human occupancy.
The act of judicially condemning.
ONE-FAMILY DWELLINGA building containing one dwelling unit with not more than five lodgers or boarders.
TWO-FAMILY DWELLINGA building containing two dwelling units with not more than five lodgers or boarders per family.
MULTIFAMILY APARTMENT HOUSEA building or portion thereof containing more than two dwelling units and not classified as a one- or two-family dwelling.
BOARDINGHOUSE, LODGING HOUSE AND TOURIST HOUSEA building arranged or used for lodging, with or without meals, for compensation, by more than five and not more than 20 individuals.
DORMITORYA space in a building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms for persons not members of the same family group.
HOTELAny building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.
MOBILE HOMEA one-family dwelling designed for transportation after fabrication on streets and highways on its own wheels or supported by other vehicles or trailers but which is not self-propelled, and arriving at the site where it is to be occupied complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, supported on jacks or other foundations and connected to utilities and the like.
A single unit providing complete, independent living facilities for
one or more persons, including a mobile home, including permanent provisions
for living, sleeping, eating, cooking and sanitation.
The official designated herein or otherwise charged with the responsibilities
of administering this chapter, or the official's authorized representative.
The open space on the premises and on adjoining property under the
control of owners or operators of such premises.
The control and elimination of insects, rats or other pests by eliminating
their harborage places; by removing or making inaccessible materials that
may serve as their food; by poison spraying, fumigating, trapping or by any
other approved pest elimination methods.
An individual or married couple and the children thereof with not
more than two other persons, living together as a single housekeeping unit
in a dwelling unit.
The animal and vegetable waste resulting from the handling, preparation,
cooking and consumption of food.
Space in a structure for living, sleeping, eating or cooking. Bathrooms,
toilet compartments, closets, halls, storage or utility space and similar
areas are not considered habitable space.
See "dwellings."
The Director of the Delaware State Housing Authority.
The presence, within or contiguous to a structure or premises, of
insects, rats, vermin or other pests.
Any vehicle which is without a currently valid license plate or plates
and is in either a rusted, wrecked, discharged, dismantled, partly dismantled,
inoperative or abandoned condition. A junk vehicle shall be classified as
to its condition in one of the two following categories:
RESTORABLEA junk vehicle that is in a condition whereby repairs to the same could be made to place it in operating condition without exceeding the estimated value when repaired.
WRECKA junk vehicle in such condition that it is economically unsound to restore the same to operating condition considering the repairs to be made, age of the vehicle, market value of the vehicle if it were restored or in such condition that it warrants such classification.
To permit possession or occupancy of a dwelling, dwelling unit, rooming
unit, building or structure by a person who shall be legal owner or not be
the legal owner of record thereof, pursuant to a written or unwritten lease,
agreement or license, or pursuant to a recorded or unrecorded agreement of
contract for the sale of land.
Conformance of a building and its facilities to the code under which
the building was constructed.
A hotel as defined in this chapter.
See "dwellings."
Any person over one year of age (including owner or operator) living
and sleeping in a dwelling unit or having actual possession of said dwelling
or rooming unit.
That part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
Any person who has charge, care or control of a structure or premises
which are let or offered for occupancy.
Any person, firm or corporation having a legal or equitable interest
in the premises or any agent thereof.
Any individual, corporation or partnership.
The labor, materials and fixtures used in the installation, maintenance,
extension and alteration of all piping, fixtures, appliances and appurtenances.
A receptacle or device which is either permanently or temporarily
connected to the water distribution system of the premises and demands a supply
of water therefrom; or discharges used water, liquid-borne waste materials
or sewage either directly or indirectly to the drainage system of the premises;
or which requires both a water supply connection and a discharge to the drainage
system of the premises.
A lot, plot or parcel of land, including the buildings or structures
thereon.
Includes the following:
The physical condition or use of any premises regarded as a public nuisance
at common law;
Any physical condition, use or occupancy of any premises or its appurtenances
considered an attractive nuisance to children, including, but not limited
to, abandoned wells, shafts, basements, excavations and unsafe fences or structures;
Any premises designated as having unsanitary sewerage or plumbing facilities;
Any premises designated as unsafe for human habitation or use;
Any premises which are manifestly capable of being a fire hazard, or
are manifestly unsafe or insecure so as to endanger life, limb or property;
Any premises from which the plumbing, heating or other facilities required
by this chapter have been removed, or from which utilities such as water,
sewer, gas and electricity have been disconnected, destroyed, removed or rendered
ineffective, or the required precautions against trespassers have not been
provided;
Any premises which are unsanitary, or which are littered with rubbish
or garbage, or which have an uncontrolled growth of weeds; or
Any structure or building that is in an advanced state of dilapidation,
deterioration or decay; of faulty construction; overcrowded; open, vacant
or abandoned; damaged by fire to the extent as not to provide adequate shelter;
in danger of collapse or structural failure; and is dangerous to anyone on
or near the premises.
Work on a building and its facilities to make it conform to present
day minimum standards of sanitation, fire and life safety.
A building in which sleeping accommodations, toilet, bathing and
cooking facilities as a unit are provided.
Any residence building, or any part thereof, containing one or more
rooming units, in which space is let by the owner or operator to more than
five persons who are not members of the family (see "boardinghouse" under
"dwellings").
Any room or group of rooms forming a single habitable unit used or
intended to be used for living and sleeping, but not for cooking or eating
purposes.
Combustible and noncombustible waste materials, except garbage, and
the term shall include the residue from the burning of wood, coal, coke and
other combustible materials, paper, rags, cartons, boxes, wood, excelsior,
rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral
matter, glass, crockery and dust and other similar materials.
That which is built or constructed, including, without limitation
because of enumeration, buildings for any occupancy or use whatsoever, fences,
signs, billboards, fire escapes, chute escapes, railings, water tanks, towers,
open grade steps, sidewalks or stairways, tents or anything erected and framed
to component parts which is fastened, anchored or rests on a permanent foundation
or on the ground.
Installed, furnished or provided by the owner or operator.
The process of supplying and removing air by natural or mechanical
means to or from any space.
MECHANICALVentilation by power-driven devices.
NATURALVentilation by opening to outer air through windows, skylights, doors, louvers or stacks without wind-driven devices.
Whenever the words "workmanlike state of maintenance and repair"
are used in this chapter, they shall mean that such maintenance and repair
shall be made in a reasonably skillful manner.
An open unoccupied space on the same lot with a building extending
along the entire length of street, or rear or interior lot line.
Any municipality in Kent County may adopt the Kent County Housing Code or State Housing Code as its own Municipal Housing Code by reference to this chapter or to Title 31, Chapter 41 of the Delaware Code.
It shall be the duty and responsibility of each municipality to enforce
the Kent County Housing Code or State Housing Code throughout the confines
of that municipality.
In the event that after three years subsequent to the adoption of the
Delaware State Housing Code (DSHC) by the General Assembly a community has
not undertaken to enforce the provisions of the DSHC, the Housing Director,
acting as the code official, may begin enforcement within that community,
subject to the provisions of the DSHC. Any municipality may contract with
Kent County or with another community to act on its behalf in the enforcement
of this chapter.
Inspection of premises and the issuing of orders in connection therewith
under this chapter shall be the exclusive responsibility of the code official.
When, in the opinion of the code official, it is necessary or desirable to
have inspections of any conditions by any other community or state agency,
the code official shall arrange for this to be done in such a manner that
the owners or occupants of the dwelling shall not be subjected to visits by
numerous inspectors nor to multiple or conflicting orders. No order for correction
of any violation under this section, when coordination of enforcement is required,
shall be issued without the approval of the code official and, before issuing
any such order, the code official shall obtain the concurrence of any other
department or agency having jurisdiction thereover.
