Town of Henlopen Acres, DE
Sussex County
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[Adopted 4-7-1995]
[Amended 7-14-2000; 4-8-2005]
A. 
The International Building Code (hereinafter "IBC"), 2003 Edition and future editions, as promulgated, after 60 days subsequent to the nonchallenged publication of the edition, is hereby adopted as the building standard for construction in the Town of Henlopen Acres as it relates to the following structures: multifamily residential dwellings, assembly occupancy, business occupancy, educational occupancy, hazardous occupancy, factory industrial occupancy, institutional occupancy, mercantile occupancy and storage occupancy.
B. 
IBC exemptions.
(1) 
The obtaining of building permits for assessment purposes continues to remain in effect.
(2) 
Where the provisions of the IBC and the provisions of the Sussex County Code conflict, the provisions contained in the Sussex County Code shall control.
C. 
The provisions and regulations of the International Residential Code, Chapters 1 through 10 (hereinafter "IRC"), 2003 Edition and future editions, as promulgated, after 60 days subsequent to the nonchallenged publication of the edition, as it relates to single-family dwellings, is hereby adopted as the building standards for construction in the Town of Henlopen Acres.
D. 
IRC exemptions.
(1) 
Carports: Carports are excluded from inspections.
(2) 
Landings: A landing is not required on the exterior of a sliding door.
(3) 
Riser height:
(a) 
Maximum riser height is 8 1/4 inches.
(b) 
The greater riser height within any flight of stairs shall not exceed the smallest by more than 3/8 inch, excluding the first and last step of interior stairs, which may have a difference of 5/8 inch.
(4) 
Tread depth: Minimum tread depth shall be nine inches, including winders.
(5) 
Foundation anchorage: No anchor bolts will be required at the end of each plate section, excluding corners.
(6) 
Where the provisions of the IRC and the provisions of the Sussex County Code conflict, the provisions contained in the Sussex County Code shall control.
[Added 4-10-1998; amended 7-9-1999 by Ord. No. 99-1]
As used in this article and the Building Code, the following terms shall have the meanings indicated:
BUILDING
Any combination of materials forming a construction. The term "building" shall include the term "structure" as well as the following: signs, fences, walls, radio and television antennas, porches, carports, bins and other similar structures.
STRUCTURE
Any thing constructed, erected upon or attached to, on or below the ground, including but not limited to the following: dams, docks, fences, walls, principal buildings, accessory buildings, dish or satellite antennas, footings, basements, framing, piling and foundations.
Any building or portion thereof or party or foundation wall hereafter erected or placed upon any lot or premises within the Town in violation of the provisions of the Building Code is hereby declared a common nuisance and shall be abated in the manner provided by the Building Code or as may otherwise be provided by state law.
[Amended 4-8-2005]
Said Building Code is amended and changed as follows.
[Amended 7-9-1999; 1-11-2002; 4-8-2005; 7-8-2016]
A. 
This section shall replace, for the purposes of this article, Section R112, Board of Appeals, as set forth in the IBC.
B. 
Appeals pursuant to this article shall be taken to the Board of Adjustment as established and constituted in Chapter 130, Zoning, Article IX, Board of Adjustment; Appeals.
C. 
Appeals to the Board of Adjustment may be taken by any person aggrieved or by an officer, department, board or bureau of the Town of Henlopen Acres affected by any decision of any official charged with the administration or enforcement of this article. Such appeal shall be taken within 10 days of such decision by filing with the Board of Adjustment and the official from whom the appeal is taken by delivery to the Town Manager of a notice of appeal specifying the grounds thereof. The Town Manager shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.
D. 
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Town Manager certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by restraining order, which may be granted by the Board of Adjustment or by a court of competent jurisdiction on application or notice to the Town Manager on due cause shown.
E. 
Within a reasonable time of the filing of an appeal, the Board of Adjustment shall fix a reasonable time for hearing of the appeal, give public notice thereof by publication in a newspaper of local circulation in one weekly issue thereof, which shall be at least 14 days prior to such hearing, as well as due notice to the parties, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
F. 
The Board of Adjustment, in conformity with law, may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the official charged with the administration or enforcement of this article from whom the appeal is taken.
G. 
The Board of Adjustment may adopt additional rules in order to carry out the intent of this article and as to the manner and time of filing appeals and for the conducting of hearings and for the giving of such notice or notices as may be required or deemed advisable by the Board of Adjustment, all of which rules and regulations shall conform with the requirements of this article and the law on that behalf.
H. 
Each application for an appeal as provided in this article shall be accompanied by a fee payable to the Town of Henlopen Acres in the amount set from time to time by the Commissioners by resolution to cover costs, which fee or part thereof may be refunded by the Board of Adjustment upon due consideration.
[Added 4-8-2005]
A. 
If, within any twelve-month period, alterations or repairs in excess of 75% of the square footage, as calculated by the building perimeter, are made to an existing building, such building shall be made to conform to the requirements of this chapter for new buildings and also, for any building located in an established fire district, the applicable provisions of the IBC.
B. 
If an existing building is damaged by fire or otherwise in excess of 75% of the square footage, as calculated by the building perimeter, before such damage is repaired, it shall conform to the requirements of this chapter for new buildings.
C. 
If the nature of occupancy of an existing building is entirely changed, the building shall be made to conform to the requirements of this chapter for the new occupancy. If the occupancy of only a portion of an existing building is changed and that portion is separated from the remainder as stipulated in the IBC or IRC, as appropriate, then only such portion need be made to conform.
D. 
Repairs and alterations not covered by the preceding subsections of this section, such as restoring a building to its condition previous to damage or deterioration or altering it in conformity with the provisions of this chapter or in such manner as will not be extended or increase an existing nonconformity or hazard, may be made with the same kind of materials as those of which the building was originally constructed.
[Added 4-8-2005]
The provisions of this chapter are not intended to prevent the use of any material or method of construction not specifically prescribed by this chapter, provided that any such alternate has been approved and its use authorized by the Building Official. The Building Official shall approve any such alternate, provided that he or she finds that the proposed design is satisfactory and complies with the provisions of the IRC or the IBC, as appropriate, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the code in quality, strength, effectiveness, fire resistance, durability and safety.
[Added 4-8-2005]
The Town of Henlopen Acres hereby adopts § R313 (Smoke Alarms) of the IRC.