[HISTORY: Adopted by The Mayor and Council of New Castle as indicated in article histories. Amendments noted where applicable.]
Administrator — See Ch. 5.
Liens — See Ch. 39.
Building standards for one- and two-family dwellings — See Ch. 103.
Floodplain management — See Ch. 130.
Housing standards — See Ch. 140.
Dangerous or vacant buildings — See Ch. 141.
Mechanical standards — See Ch. 162.
Property maintenance — See Ch. 185.
Subdivision of land — See Ch. 213.
Zoning — See Ch. 230.
Fees — See Ch. A239.
[Adopted 7-6-1993 by Ord. No. 351]
[Amended 11-14-2006 by Ord. No. 442]
The building or administrative official designated by the City Council under § 230-41 of the Zoning Chapter shall refuse to grant a building permit for the erection of a new building or for the alteration, demolition or repair of any building, or any other improvement to the land, until it is demonstrated to the satisfaction of the building or administrative official that all City real property tax obligations are current.
These real property tax obligations must be current on all lands and property, in addition to the land upon which such work is proposed to take place, owned or controlled by the party seeking the building permit, or for whose benefit the improvements are made, as defined below. The building or administrative official may, however, issue a permit for the demolition of a building without the owner or person in control of the property meeting the aforesaid requirements, if the subject building is in imminent danger of collapse, and such building is ordered demolished by the Housing Code Enforcement Officer pursuant to Chapter 140, Housing Standards, of the City of New Castle, § 140-26 et seq.
The building or administrative official designated by the City Council under § 230-41 of the Zoning Chapter shall refuse to grant a certificate of occupancy upon completion of construction of a new building or for the alteration, demolition or repair of any building, or any other improvement to the land, until it is demonstrated to the satisfaction of the building or administrative official that all City fees, reimbursements and other obligations are current, including payments to which applicants are subject to under § 230-46 of the Zoning Chapter.
The term "owner" as used herein shall be defined as an owner of the freehold of the premises or any lesser estate therein, a mortgagee, vendee-in-possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation that is directly or indirectly in control of the structure. If the owner is a corporation, the term "owner" shall be deemed to include, in addition to those mentioned above, all officers, all directors and all persons having an interest in more than 10% of the issued and outstanding stock of the owner as hereinabove defined, as holder or beneficial owner thereof.
[Adopted 10-10-1995 by Ord. No. 367; amended in its entirety 7-14-2020 by Ord. No. 527]
Certain documents on file in the Office of Code Enforcement, being marked and designated as the "International Building Code, 2018 Edition, published by the International Code Council, Inc., are hereby adopted as the building code of the City, for the control of buildings and structures as provided in this chapter. The provisions of the International Building Code shall apply to the construction, alteration, movement, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.
Exception: Detached one- and two-family dwellings and multiple single family dwellings townhouses not more than three stories above grade plane in height with separate means of egress, and their accessory structures not more than stories above grade plane in height, shall comply with the International Residential Code, 2018 Edition, as adopted in Chapter 103 of this Code, with the amendments thereto prescribed in § 103-2.
The following sections of the International Building Code, 2018 Edition, are hereby revised as follows. (Note: Although the International Building Code does not identify sections with a "B" designation, such a designation is utilized to avoid any confusion as to which Code the amendment relates):
Section B101.1. Insert "City of New Castle."
Section B103.1 entitled "Creation of enforcement agency" is hereby modified to delete reference to the "Department of Building Safety" and replace it with "Office of Code Enforcement." All references in the International Building Code, 2018 Edition, to the "Department of Building Safety shall be interpreted to mean the "Office of Code Enforcement" of the City of New Castle.
Section B103.1 entitled "Creation of enforcement agency" is hereby modified to delete reference to the "building official" and replace it with the "Code Official" which shall mean that member of the Office of Code Enforcement charged by City Council with the enforcement of the provisions of this Chapter or his or her designee. All references in the International Building Code, 2018 Edition, to the "building official" shall be interpreted to mean the "Code Official" of the City of New Castle.
Section B105.1 relating to required permits is amended to read as follows:
B105.1 Required. Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by Chapters 102, 103, 162, 163, 164, 165, 181 or 185 of the City Code, or to cause any such work to be performed, shall first make application to the Code Official and obtain the required permit.
Section B105.1.1 is deleted and replaced with the following:
B105.1.1 Payment of Taxes. No permit application shall be accepted or issued under the provisions of Chapters 102, 103, 162, 163, 164, 165, 181 or 185 of the City Code until confirmation that the owner seeking the permit, or the owner for whose benefit the improvements are to be made under such permit, is not delinquent in the payment of City real estate taxes, fines, liens or assessments on any tax parcel that such land owner owns in the City of New Castle. Only taxes that remain unpaid outside the grace period as provided in § 221-15 of the City Code shall be considered delinquent. The confirmation, which the City Department of Finance shall provide at no cost upon application, is solely for the purpose of obtaining the desired permit. This provision shall not apply to repairs ordered by the Code Official to bring a property that is found to be non-compliant with any section of this Code.
Section B105.1.2 is deleted.
Section B105.2 is deleted, provided section B 105.2.1 is retained.
Section B109.2 is amended to state: "See fee schedule in Chapter A239."
Section B113 is renamed "Appeals."
Section Bl13.1 entitled "General" is amended to read as follows:
B113.1 General. Any person aggrieved by any order, decision, requirement or determination made by the Code Official relative to the application and interpretation of this code may be appealed to the Board of Adjustment in accordance with the provisions of § 230-55 of the City Code. The Board of Adjustment shall have jurisdiction to hear and decide appeals where it is alleged there is error in any order, decision, requirement or determination made by the Code Official in the application and interpretation of this code.
Section B114.4 entitled "Violation penalties" is amended to read as follows:
B114-4. Violation penalties. Any person who violates a provision of this Code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Code Official, or of a permit or certificate issued under the provisions of this Code, shall be guilty of a misdemeanor, punishable by a fine of not more than $100 or imprisonment not exceeding 30 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
Section B115.3 entitled "Unlawful continuance" is hereby amended to read as follows:
B115-5. 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 condition, shall be liable to a fine of not less than $25 or more than $1,000.
Section B1612.3 entitled "Establishment of flood hazard areas" to insert "the City of New Castle" as the applicable jurisdiction and "January 22, 2020" as the date of the Flood Insurance Study.
Section B305.2, Group E, Day care facilities, is amended in the third line by deleting the phrase "five children" and substituting the phrase "twelve children."
Section B305.2.3, Five or fewer children in a dwelling unit, is amended in the title and the third line by deleting the word "five" and substituting the word "twelve."
Section B308.5, Institutional Group 1-4, day care facilities, is amended in the third line by deleting the phrase "persons" and substituting the phrase "adults or more than 12 children."
Section B308.5.1, Classification as Group E, is amended in the second line by deleting the word "five" and substituting the word "twelve."
Section B308.5.4, Five or fewer persons receiving care in a dwelling unit, is amended in the title and third line by deleting the phrase "Five or fewer persons" and substituting "More than five adults or more than 12 children of any age."
Section B310.4, Residential Group R-3, is amended in the seventh line by deleting the word "persons" and substituting the phrase "adults or 12 or fewer children."
Section B310.4.1, Care facilities within a dwelling, is amended in the second line by deleting the word "persons" and substituting the phrase "adults or 12 or fewer children" and in the fourth, fifth and sixth lines by deleting the phrase "an automatic sprinkler system is installed in accordance with Section 903.3.1.3 or Section P2904 of the International Residential Code" and substituting the phrase "the following restrictions are met: (i) A license shall be obtained from the State of Delaware Department of Services of Children, Youth, and Their Families. All regulations of such Department shall be met; (ii) Rooms to be occupied by infants shall have a direct path of egress, on the same floor level, to the exterior of the house; (iii) Smoke alarms shall be installed in accordance with Section B907; (iv) Carbon monoxide detection shall be installed in accordance with Section B915."
Section B427.1, General, is amended by deleting the subsection in its entirety and substituting the following:
B427.1 General. Medical gas systems shall be designed, constructed, and maintained in accordance with this Code and the provisions of NFPA 99.
Section B428.1, Scope, is amended by deleting the subsection in its entirety and substituting the following:
B428.1 Scope. Higher education laboratories shall be designed, constructed, and maintained in accordance with this Code and the provisions of NFPA 45.
Section B903.2.1.2, Group A-2, is amended in item number one by deleting "5,000 square feet (464.5 m2)" and substituting "10,000 square feet (929 m2)" and in item number two by deleting "100" and substituting "300."
Section B907.2.1, Group A, is amended in the fifth, sixth, and seventh lines by deleting the phrase "or where the Group A occupant load is more than 100 persons above or below the lowest level of exit discharge."
Section B1023.9, Stairway identification signs, is amended in the third line by deleting the word "three" and substituting the word "two."
Section B1025.1, General, is amended in the second and third lines by deleting the phrase "high-rise buildings" and substituting the phrase "buildings having three or more stories above or below the level of exit discharge."
Section B1105. Accessible entrances, is amended by adding the following subsection:
B1105.2 Requirements for newly constructed places of public accommodation. All buildings which are constructed after January 1, 2011, and intended for use as places of public accommodation as defined by this Chapter and 6 Del. C. Ch. 45 ("Equal Accommodations"), must be equipped with automatic doors at each entrance that is intended to be a main entrance and is accessible by the general public.
Section B1301.1.1 Criteria, is amended by deleting the subsection in its entirety and substituting the following:
B1301.1.1 Criteria. Buildings shall be designed and constructed in accordance with the Statewide Energy Conservation Code.
Section B1608.2, Ground snow loads, is amended to indicate the ground snow loads to be used in determining the design snow loads for roofs is 25 pounds per square foot.
Section B1612.2, Design and construction, is amended at the end of the paragraph by adding the phrase, "and shall have the lowest floor or crawlspace elevated to or above the base flood elevation plus 18 inches."
Establishment of flood hazard areas, is clarified to depict that the effective date of the most recent FIRM maps for New Castle City are February 4, 2015 and January 22, 2020 encompasses Map Numbers 10003C00: 158K; 161L; 162K; 163L; 164K; and 166K and all revisions defined by FEMA FIRM maps.
Section B1612.3.2, Determination of impacts, is amended in the sixth line by deleting the phrase "one foot (305 mm)" and substituting the phrase "0.1 foot."
Section B1803.5, Investigated conditions, is amended by adding the following subsection:
B1803.5.13 Subsidence areas. All applications in subsidence areas shall include a report, prepared by a professional geologist or a professional geotechnical engineer registered in the State of Delaware, evaluating the vulnerability of the subsurface of subsidence (sinkholes). The application and report shall be sufficient to establish to the satisfaction of the Code Official after consulting with the Delaware Geological Survey, that the construction methods to be employed will be adequate to minimize the potential for subsidence. A soils report shall not be required for one- and two-family dwellings unless field inspections indicate questionable soils or conditions or it is located in a subsidence area.
Section B1805.4.3, Drainage discharge, is amended by deleting the subsection in its entirety and substituting the following:
B1805.4.3 Drainage system. In other than Group I soils, a sump shall be provided to drain the porous layer of footings. The sump pit shall be not less than 18 inches (457 mm) in diameter and not less than 24 inches (610 mm) in depth, unless otherwise approved. The pit shall be provided with access and shall be located such that all drainage flows into the pit by gravity. The sump piping shall conform to the International Plumbing Code. The sump shall discharge to the exterior of the structure at a sufficient distance to prevent recycling. The sump pump crock must have a removable cover.
Table B1807.1.6.2, Concrete foundation walls, is amended by adding the following footnote: "In the absence of soil data, the following ratings shall be used for the lateral soil load: 60 PSF/FT for basement walls; 45 PSF/FT of depth for retaining walls; and 200 PSF/FT of depth for passing pressure."
Table B1807.1.6.3(1), Plain masonry foundation walls, is amended by adding the following footnote: "In the absence of soil data, the following ratings shall be used for the lateral soil load; 60 PSF/FT for basement walls; 45 PSF/FT of depth for retaining walls; and 200 PSF/FT of depth for passing pressure."
Section B1809.5, Frost Protection, Item 1, is amended by deleting it in its entirety and substituting the phrase "Extending to a depth of not less than 32 inches below grade."
Section B2205.1, General, is amended by adding the following sentence at the beginning of the paragraph: "The structural engineer of record shall be responsible for the design and adequacy of all structural steel, including connections."
Section B2304.12, Protection against decay and termites, is amended by adding the following subsection:
B2304.12.2.7 Foundation sill plates. All sill plates anchored to foundation walls shall be of approved naturally durable or preservative treated wood.
Section B2304.12, Protection again decay and termites, is amended by adding the following subsection:
B2304.12.2.8 Wood in contact with masonry or concrete. All wood against masonry or concrete must be approved naturally durable, preservative treated wood, or protected in an approved manner.
Section B2403.1, Identification, is amended by adding the following sentence to the end of the subsection: "Glass that is not labeled shall be assumed to be annealed or plate glass."
Section B2510.6, Water-resistive barriers, Exception Number 1, is amended in the sixth line by deleting the phrase "or drainage space" and substituting "and integrated with a continuous designed drainage space (a gap) that allows moisture to drain freely to the exterior of the assembly. A drainage space shall be, but not limited to, a space formed by the use of any non-corrodible furring strips, drainage mat, or drainage board which allows for the continuous flow of moisture. Such products and designs must adhere to this section and those requirements outlined in 2018 IBC Chapter 1 [A] 104.11 "Alternative materials, designs and methods of construction and equipment."
Section B2702.1.4, Load transfer, is amended in the fifth line by deleting the number "60" and substituting the number "10."
Section B3107.1, General, is amended by deleting the subsection in its entirety and substituting the following:
B3107.1 General. Signs shall be designed, constructed and maintained in accordance with this code and with Chapter 230 of the City Code.
Chapter 32, Encroachments into the public right-of-way, is amended by deleting it in its entirety.
Section B3302, Construction safeguards, is amended by adding the following subsections:
B3302.4 Storage of construction and demolition waste. Construction and demolition waste may be stored upon the land where actual construction or demolition is in progress; provided, however, that such waste shall not be stored for a period exceeding 120 days and all other waste not stored in a dumpster shall not be stored for periods exceeding 30 days.
B3302.5 Handling and storage of construction and demolition waste, trash, and litter. During all construction activities, the lot(s) shall be kept neat of trash and building materials. All construction sites shall be required to obtain and maintain on the site a container of suitable size and design to hold and confine trash, scraps, and other construction and demolition waste created or accumulated on the site, which might be blown from the site. All such construction refuse shall be maintained in a closed container, or a container of sufficient depth to prevent construction and demolition waste from blowing out of the container, at all times, until transferred to a landfill. Containers may be placed in setback areas, provided that the placement of the container does not obstruct the view of motorists and thereby create traffic hazards. If shall be a violation to permit accumulated debris, litter, or trash attributable to the construction site and the construction activity to blow or scatter onto adjoining properties, including the public street or to accumulate on the site outside of the container, of in transit to a landfill or dump. The owner or contractor shall service the container as frequently as needed to prevent trash from over-flowing.
B3302.6 Final Inspection. A final cleanup is required, including the removal of all building debris, stumps, portable toilets, etc. within five days after the final inspection on that parcel. Exception: Stumps located outside of the limit of disturbance that are not required to be removed by any plan approved by the Department are not subject to this section.
B3302.7 Enforcement. Any person who fails to comply with the requirements found in this Section shall be subject to the penalty and enforcement provisions provided in this chapter.
Section B3303.6, Utility connections, is amended by deleting the subsection in its entirety and substituting the following:
B3303.6 Utility connections. Before a structure is demolished or removed, the owner or agent shall notify all utilities having service connections within the structure such as water, electric, gas, sewer and other connections. A permit to demolish or remove a structure shall not be issued until a release is obtained from the utilities, stating that their respective service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in a safe manner.
Section B3303, Demolition, is amended by adding the following subsection:
B3303.8 Notice to adjoining owners. Only when notice has been given by the applicant to the owners of adjoining lots and the owners of wires or other facilities, of which the temporary removal is necessitated by the proposed work, shall a permit be granted for the removal of a building or structure.
Every business entity desiring to do business in the City of New Castle pursuant to Chapters 102, 103, 162, 163, 164, 165, 181 or 185 of the City Code shall secure and maintain a valid business license pursuant to the provisions of Chapter 156 of the City Code by filing an application with the City Finance Department and the Office of Code Enforcement. Each application for a business license shall be accompanied by payment in the amount stated in § 156-5 and Chapter A239 of the City Code.
All references of the International Building Code, 2018 Edition, to the International Fire Code as published by the International Code Council, are expressly not adopted in this chapter. The City hereby adopts the National Fire Prevention Association (NFPA) Codes and Standards and the Delaware Fire Prevention Regulations as adopted by the Delaware State Fire Marshall's Office, all of which are incorporated herein by reference.
All references of the International Building Code, 2018 Edition, to the International Energy Conservation Code as published by the International Code Council, are specifically not adopted in this chapter. The City hereby adopts the provisions of the State of Delaware's Code for Energy Conservation as codified in Title 16, Chapter 76 of the Delaware Code, as same may be amended from time to time, all of which are incorporated herein by reference.
Any conflicts between the provisions of this chapter and the International Building Code, 2018 Edition, shall be resolved by the Code Official in a manner best designed to ensure the public health and safety.
No suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing under any act or ordinance at the time of the adoption of this chapter shall be affected by the provisions of this chapter.