[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.
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.
(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:
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.
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.
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.
