Chapter 76

 BUILDING CONSTRUCTION

[HISTORY: Adopted by the Mayor and Council of the Town of Elsmere 8-11-1994 as Ord. No. 307. Amendments noted where applicable.]

GENERAL REFERENCES

Mechanical standards -- See Ch. 139.

Plumbing standards -- See Ch. 163.

Property maintenance -- See Ch. 171.

~ 76-1. Adoption of Building Code.

  A certain document, a copy of which is on file in the office of the Town Manager of the Town of Elsmere, being marked and designated "The BOCA National Building Code, Twelfth Edition, 1993," as published by the Building Officials and Code Administrators International, Inc., be and is hereby adopted as the Building Code of the Town of Elsmere for the control of building and structures as herein provided; and each and all regulations, provisions, penalties, conditions and terms of said BOCA National Building Code are hereby adopted and made a part hereof as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in ~ 76-3 of this chapter.

~ 76-2. Inconsistent ordinances repealed.

  That Ordinance Number 280 of the Town of Elsmere entitled "An ordinance adopting by reference the 1990 edition of the BOCA code," together with all supplements thereto and amendments to same, and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.

~ 76-3. Additions, inserts and changes.

  The following sections are hereby revised as follows:

     A.     Section 101.1 Insert: the Town of Elsmere, State of Delaware.

     B.     Section 104.2.1 Addition: The chief appointing officer shall be the Town Manager.

     C.     Section 105.8 Change: Delete the word "annually" and insert the word "monthly".

     D.     Section 107.1.2 Addition: Ordinary repairs shall not be construed to include replacement of driveways, public and private sidewalks, exterior stairs, windows, siding and roofs.

     E.     Section 107.1.3 Addition: The erection of any utility shed with a floor area of less than or equal to one hundred twenty (120) square feet shall be exempted from this provision upon review and approval of the Code Official.

     F.     Section 108.1.1 Addition: The Code Official shall be empowered to refuse issuance of any new permit if the applicant is "not in good favor" due to any outstanding and unresolved violations, [e.g. overdue taxes, unpaid permit fees or unpaid licensing fees] within this jurisdiction.

     G.     Section 108.5 Change: Delete the word "approved" and replace with the phrase "Accepted, subject to Code Compliance."

     H.     Section 112.3.1 Change: Delete this section in its entirety. Insert new section to read: "A separate document entitled `Town of Elsmere, BOCA Code, Fee Schedule,' shall be prepared separately and included with this chapter. This Fee Schedule may be reviewed and amended by the Town Council periodically as they see fit without otherwise affecting this chapter.

     I.     Section 116.4 Insert: "Misdemeanor," "$300.," "30 days."

     J.     Section 121.2 Change: Delete this section in its entirety. Insert new section to read: "The Board of Appeals shall consist of five (5) members appointed by the Mayor as follows: One (1) for three (3) years, two (2) for two (2) years and two (2) for one (1) year. Thereafter, each new member shall serve for three (3) years or until his successor has been appointed. No member of the Board shall be in the employ of the Town of Elsmere or an elected official of the Town of Elsmere.

     K.     Section 121.5 Change: Change the word "five" to "three."

     L.     Section 121.6 Change: Delete the word "three" and insert "a majority of members in attendance."

     M.     Section 901.1 Addition: All plans that require a built-in fire suppression system(s), or all plans that include a fire suppression system(s) shall be approved by the State Fire Marshall's Office and the Elsmere Fire Department prior to submission to the Code Official for the purpose of obtaining a permit.

     N.     Section 1806.1.1 Addition: In no instance shall the bottom of the footer be less than thirty-two (32) inches below the final grade.

     O.     Section 2701.1 Change: In the last sentence delete the portion that reads "of NFiPA 70 listed in Chapter 35" and in its place insert the words "of the National Electric Code (NEC), currently prevailing edition."

     P.     Section 2701.1.1 Addition: All inspections of the electrical systems shall be deferred by the Town of Elsmere to the locally authorized independent agency for this purpose, i.e., the Middle Department Inspection Agency (MDIA). Applicants for permits to do electrical work shall apply to MDIA and shall follow its rules for enforcement and inspections. Permits will be required for installation, service, alterations, additions, repair, removal or any other purpose as directed by the NEC.

~ 76-4. Adoption of the CABO One and Two Family Dwelling Code.

  There is hereby adopted by the Town of Elsmere for purposes of regulating the fabrication, erection, construction, enlargement, alteration, repair, location and use of detached one- and two-family dwellings, for their appurtenances and accessory structures, a certain Code known as the CABO One and Two Family Dwelling Code, the 1992 edition, a copy of which is on file with the Town Manager. If there are to found any discrepancies between the 1993 BOCA Code and the 1992 CABO Code, the more stringent requirement of the two shall prevail.