Attachment

CONSTRUCTION CODE APPEALS COMMITTEE AGENDA AUGUST 1, 2014 - 11:00 A.M. CITY HALL CONFERENCE ROOM 15 LOOCKERMAN PLAZA DOVER, DELAWARE Public comments are welcomed on any item and will be permitted at appropriate times. When possible, please notify the City Clerk (736-7008 or e-mail at CityClerk@dover.de.us) should you wish to be recognized. Construction Code Appeals Committee Members Councilman Adam M. Perza, Chair Councilman Sean M. Lynn Scott D. Koenig, City Manager AGENDA ADDITIONS/DELETIONS 1. Requests for Waivers A. Property Located at 235 W. Loockerman Street (Denise Anderson) - Requirement for Sealed Construction Documents and Mechanical Exhaust B. Property Located at 147 S. Governors Avenue (Tiffanee Lee-Scott) - Requirement for Sealed Construction Documents and Accessible Restroom 2. Adjournment /dd S:\ClerksOffice\Agendas&Minutes\Misc-Agendas\CODE BOARD OF APPEALS\07-21-03.agenda.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

From: McDowell, Traci To: Devine, Denise Subject: FW: File an Appeal Date: Monday, July 28, 2014 1:40:40 PM From: Denise Anderson Sent: Wednesday, July 16, 2014 3:45 PM To: McDowell, Traci Subject: File an Appeal Traci McDowell, Hi, I was in the City Clerk's Office today in a meeting with Mr. David Anderson, and he recommended that I file my appeal of the Mechanical/ Ventilation Building Code after hearing my case. The reason I am appealing the Code is because I am opening a Nail Salon on Loockerman street in Dover and it is not a typical one that may have a lot of harmful fumes lingering in the air. I am well aware of this as I have been a steady customer myself (of a Nail Salon in Dover DE-Nyugen Creative Nail Salon) for over 16 years and I am very familiar with that familiar fume that brings on the requirement of this Code. I do agree that many Nail Salons in the Dover area that are your basic Nail Salon, that do provide your full Nail Service Pedicures, etc., yes they would need this type or some reliable well built and designed device that will take the harmful fumes from the air and send them outside and not in the lungs of the customers. But many, sadly do not take into consideration or even care about the customer's health and even their own employees just as long as they are making the money and they are providing the service they advertise. They leave any sanitary issues, health concerns and such to a matter of no concern and often very well hidden. They don't ask so we don't tell seems to be their policy. First and foremost, I have respiratory issues myself and I cannot work in an environment 7 days a week, 8-10 hours a day where I can't breathe clean and with minimal fume type air. They need me to run the place so it's most important. For two, I had done a ton of research (literally many hours and a number of days and discussed it with a few very experienced Nail Techs who have been in the business for a quite a few years) went back and forth about the subject I had to find the main source of the dangers (the chemicals) then either eliminate them or use an alternate that does not put out such a strong odor. After finding that it was the Monomer and Polymer in the Acrylic powder ( example- it is a white liquid powder substance mixed in a covered dish and applied to the nail with a brush, it's the mixture of the chemicals Monomer and Polymer which together produce a very strong odor) and through my research, talking to potential customers as well, I found out that the latest trend is getting Gel Nails and there is more of a demand and less for the Acrylic which has been around since 1970. They are both pretty much the same but the main comparison is that getting Gel Nail Enhancements is a process of applying a gel substance to the nails and does not emit any strong odor or fumes into the air. No mixing of chemicals in a dish that has to be kept covered at all times. Nail techs are not having to wear respiratory face masks and I thought hard about it, shouldn't the customer be offered a respiratory mask also if that's the

case? I certainly do not want to have to wear one very day when I am working . So there my decision was made to eliminate doing any Acrylics and only offering the Gel Enhancement as a Nail Service we will offer. It makes me feel better to do so because I am offering a more health conscious Personal Service to my customers and safer products I can stand behind as a less harmful fume-free safe Nail Salon. I am also doing Waterless Pedicures, using Non- Acetone Nail Polish remover as one of our products and 3 free OPI Nail Polishes free of Formaldehyde, Toluene, and DBP. I did all the research so they (my customers) can sit back and just relax and feel good about their service as they are supposed to. After all that being said, I am filing an appeal because even after explaining this to Greg Ackers (Chief Building Inspector) he is not able, he said, to do anything to change the requirement of the Code. I believe that every case is different. I do not know how old the Building Code on Ventilation Systems is but I do know if he is not able to do anything then why are there several Beauty Salons (Beauty Salons were mentioned first on the category specific listing next to Nail Salons) on Loockerman Street that were not required and do not have an Exhaust System. Hair dyes emit fumes also. My main focus and argument is that I have eliminated the source of the fume (for solely my own health concerns and stated above reasons and even long before the Building Inspector required it) and I have done my own work so a very costly Mechanical Device/Building Permits etc is a waste of time and money in my particular aspect and isn't even necessary at all. All it will be doing is costing me a lot of extra money and moving clean air just in case? I can move the air with an Air Purifier which I already have. It doesn't make sense to me to do unnecessary things. I have been for many years a very health conscious person, and not to mention I am Certified as a Physical Fitness Trainer. My knowledge and training is about the body and working efficiently eating right and using the safest methods possible for Physical Fitness. Respiratory Breathing is a subject that I have studied and very important for your body to function properly and efficiently in not just physical exercise but for living a healthy long life. What sense is it to study and become certified and trained in something that you are hypocritical about? I am going to most definitely put every effort to fight this, in my particular case, as an exception to that rule. I will do everything I can to prove my case with any MSDS records requested and documentation that will back it up. Thanks so much for the opportunity to appeal and will be awaiting your response. Sincerely, Denise Anderson (Owner-California Nails) 235 W Loockerman St Dover, DE 19904

Municode Page 1 of 1 Dover, Delaware, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 22 - BUILDINGS AND BUILDING REGULATIONS >> ARTICLE I. IN GENERAL >> ARTICLE I. IN GENERAL Sec. 22-1. Construction code appeals committee. Sec. 22-2. Housing authority created; purpose. Secs. 22-3—22-30. Reserved. Sec. 22-1. Construction code appeals committee. (a) Established; composition; appointment. There shall be a committee to be referred to as the "construction code appeals committee," consisting of three members, one of whom shall be the city manager and the other two being elected city officials. The city officials shall be appointed by the city council president at the council annual meeting. (b) Appeals. Whenever any person is aggrieved by a decision of the building inspector with respect to the provision of this chapter, it is the right of that person to appeal to the construction code appeals committee. Such appeal must be filed, in writing, within 30 days after the determination by the building inspector. (c) Notice; hearing. Upon receipt of such an appeal, the construction code appeals committee shall set a time and place in not less than ten, nor more than 30 days for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties, at which time they may appear and be heard. The determination by the construction code appeals committee shall be final in all cases. (Code 1981, § 5-3; Ord. of 4-25-1994) Sec. 22-2. Housing authority created; purpose. Created; purpose. There shall be a housing authority as provided in 31 Del. C. (Ord. of 4-10-2006(1)) Secs. 22-3—22-30. Reserved. https://library.municode.com/print.aspx?h=&clientID=13910&HTMRequest=https%3a%2... 7/28/2014

Akers. Gregory C From: Fred Grable Sent: Friday, July 18, 2014 4:10 PM To: Akers, Gregory C Cc: Lis Valdemarsen Subject: RE: 09 IMC Table 403.3 (Q2) (FG) Gregory, Thank you for your inquiry, I have rephrased your question so that I can provide answers with clarity: Q1: Where a permit is required for existing building work such as a change of function of the space (from one business purpose to another business purpose), are the mechanical plans (part of the construction documents) for the necessary changes to or verification of the ventilation system to be in compliance with the code, required to be "sealed"? "Sealed" in this context meaning reviewed by a registered design professional that is licensed to accept the legal responsibility for the design on the plans such that his (or her) license "seal" must be applied to the plans to indicate acceptance of that responsibility. A 1: See Section 106.3.1, second sentence. The requirement for involving a registered design professional and having them accept the responsibility for the plans (the design) is a matter decided for by each State. The code does not specify when plans need to be "sealed". Please consult your State Building Department to determine which structures and constructions are required to have "sealed" plans. Q2: Must the space meet the ventilation requirements for nail salons? A2: Yes. Section 3401.3 of the International Building Code requires alterations in existing buildings be in compliance with the International Mechanical Code. If you need further information or have questions on the above, please contact me directly by email or telephone. Code opinions issued by ICC staff are based on ICC published codes and do not include local, state or federal codes, policies or amendments. This opinion is based on the information which you have provided. We have made no independent effort to verify the accuracy of this information nor have we conducted a review beyond the scope of your question. This opinion does not imply approval of an equivalency, specific product, specific design, or specific installation and cannot be published in any form implying such approval by the International Code Council. As this opinion is only advisory, the final decision is the responsibility of the designated authority charged with the administration and enforcement of this code. Respectfully, Fred Grable. P.E. Senior Staff Engineer International Code Council 1

www.iccsafe.org Notice: This message is intended only for the use of the individual or entity to which it is addressed and may be confidential and/or privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination. distribution or copying of this communication is strictly prohibited If you have received this communication in error, please notify the sender by return e-mail, and delete the original message and all copies from your system. Thank you . From: Lis Valdemarsen Sent: Friday, July 18, 2014 10:39 AM To: Fred Grable Cc: Akers, Gregory C Subject: 09 IMC Table 403.3 (Q2) (FG) Gregory, I have forwarded your request to Fred Grable . If you have any questions regarding the status of your reply to your code opinion question, please contact me by either phone or email. Sincerely, Lis Va/demarsen Senior Secretary International Code Council, Inc. Los Angeles District Office 5360 Workman Mill Rd www.iccsafe.org Our usual response time is up to a week depending on the issues for email code opinions Reminders are sent out once a week (7 days) from date engineer is assigned to keep us on track with items on the in box For written (letter) request: Response time is up to 2 weeks (14 business days) Codes & Standards Forum: The Code Council has revisited how best to provide an online, professional Discussion Forum and area within the website that has a sense of community - where Members and nonmembers can provide input and exchange ideas with their peers in the industry. The new Codes & Standards Discussion Forum does just that, as it allows Registered Website Users and ICC Members to discuss the I-Codes in an online community. Note to Non-Members: If you join the ICC you can have access to important building safety information I Link: www.iccsafe.org/ICCFORUMS Feed: Codes, Standards & Guidelines: Request Code Opinion Posted on: Thursday, July 17, 2014 9:02 AM Author: Gregory Akers Subject: Gregory C. Akers Requestor Full Name: Gregory C. Akers Job Title: Chief Building Inspector/ Plans Examiner Phone Number: Requestor email address: gakers@dover.de.us Requestor Address: City of Dover P.O. Box 475 Dover, DE 19903 Code Reference: 2009 IMC, table 403.3 Minimum Ventilation Rates (Specialty Shops) - Beauty and Nail Salons notes band h Code Edition: 2009 IMC 2

Code Section: 403.3 Questions: An existing business occupancy previously used as a massage parlor is being proposed as a new nail salon. There is no change in occupancy classification but as a "Specialty Shop" per the referenced code section calls for ventilation requirements within the code table referenced. I am requiring the minimum ventilation requirements be met as a "nail salon" and the same to be demonstrated via sealed drawings to be submitted that reflect the ventilation requirements necessary per code. Are my requirements appropriate? Status: New View article .. . Join us in Fort Lauderdale for ICC's 2014 Public Comment Hearings in September. Experience cdpACCESS in action and help ensure the 2015 International Green Construction Codes achieve the best in energy, water and cost efficiencies from sustainable construction. Register now. Join us in Fort Lauderdale for ICC's 2014 Public Comment Hearings in September. Experience cdpACCESS in action and help ensure the 2015 International Green Construction Codes achieve the best in energy, water and cost efficiencies from sustainable construction. Register now. 3

SCOPE AND ADMINISTRATION 102.9 Requirements nol covered by this code. Requirements nee s. ury for lhe sLrenglh , stat ilily or pmper operation of an ex isl ing or pr p sed mechani ·a l . ys tcm or for tbe public sal'eLy. health and g n r:tl welfare, not specifica lly covered by lhis c d •, . lrn ll b determined by th code ffidal. 102.10 Other laws. The provisions of this code shall not be effect of waiving requirements specifically provided for in this code. 104.2 Applications and permits. The c de oflicinl shall receiv appl .i cations, review constni ·tion docum.enrs and issue permits for lhe installalion and ci!rerarion or mechanical sys- tems inspect Lh premi es for which such permits have been -I I deemed to nullify any provisions of local, state or federal law. i ·su cl and enforce compliance with the provisions f rhis code. 102.11 Application of references. Reference to cbapler sec- 104.3 Inspections. The c de fficial shall make all of the tion numbers, or to provisions not spec ifi cally identified by r quired inspections, or shall accept reports of inspecti n by number, shall be construed to refer to uch chapter section or approved agencies or individuaJs. All repo1ts of such in ·pec- provision of this code. tions hall be in writing and be certiu cl. by a re..~ 1 onsible officer of such approved agen ·y or by lhe responsible in<.lividual. The code officinJ is authorized to ngage such expert opini n a.. I PART 2-ADMINISTRATION AND ENFORCEMENT deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.4 Right of entry. Whenever it is neces ary to make an SECTION 103 inspection to eni rce Lhe provisions of this c d , or whenever DEPARTMENT OF MECHANICAL INSPECTION the code official has reasonable cause to believe that there 103.1 General. The department of mechanical inspection is exists in a building or upon any premises any conditions or vio- hereby created and the executive official in charge thereof shall lations of this code which make the building or premises be known as the code official. un afe, insa nitruy, dangerous or hazardous, the cocle official shall have tbe authority to enter the building or prem ises al all 103.2 Appointment. The code official shall be appointed by reasonable limes LO inspect or Lo perf rm Lhe duLiei imp sed the chief appointing authority of the jurisdiction. upon the c de fficial by U1i ·code. if s uch buiJdi ng or premises 103.3 Deputies. In ac.;cordanc wilh Lhe prescribed proocdures is occupied, the c de official hall pre. ent credentials to the n.f I his juri~diction and with the conc urreJJce of the appointing c upant ancl rC(JU SL entry. If such building or premi es i aulhorlly, 1h' c de official shall bave the auth rity lo appoint a uno cupied, the code ()fficial shall first mak a reasonable deputy code official other relmeu tc ·hnic· d ()fficer . inspector15 ffort to locate the owner or other p rson having charge r con- and o ther e mployees. Such employees sha ll bave power, n, trol of the building or premises and request entry. If entry is delegated by the code official. refused, the code official has recourse to every remedy pro- vided by law to secure entry. I03.4 Liability. T he cot.le llicial, member of Lhe board of appe<iis or employee clw rgcd wilh the enforcemen t of L11is When the code official has first obtained a proper inspection c:ode. whi le ac1 ing ~ r the jurisdiction in g od fa ith and wllhout wru:rant or other rem dy pr vided by law to secW'e entry an m·dict: in the dis ·liarge or the duties requir d by this code or C>Wner or · ccupa nt or person havi ng charge, care or control of other pcrl inent law or ordinance, shall not thereby be rendered the building or premises shalJ not fail or neglect after pr per liable per ·onally und is hereby relieved from p rs nalliab,ility request is made as herein provided, to promptly permit entry for any uamugc ac ·ruing LO pcrso.ns or prop rty as a resu ll of an L11erein by tbe code official for the purpose f in pection and act or by reasoll of an act or omission in th di . charge of official examination pursuant to this code. duties. 104.5 Identification. The code official shall carry proper iden- Any s uit in stitul d 11guins1 any fficer or employee bec~Ju. tification when inspecting structures or premises in the perfor- of a n a ·t perfonned by !11<11 offic r -ir employee in the lawful mance of duties under this code. dl s ·harge r dulies and unuer lh provisions of lhis code shaJJ 104.6 Notices and orders. The code official shall issue all nec- b defe n led by lhe legal represcntalive of the jurisdiction until essary notices or orders to ensure compliance with this code. lh linal e rmimllion of lhe pro ·eedings. The code official r any subordinate shall not be liable for costs in an action, suit or 104.7 Department reconls. T he code official shall keep offi-1 proceeding that is instituted in pursuance of the provisions of cial r cords of application received permit and certilicate this code. issued, fees col.lected, report · f inspections, and notices and orders i. sued . Such recorcls shall be retained in Lhc ft'icial records for the period required for retention of public records. SECTION 104 I DUTIES AND POWERS OF THE· CODE OFFICIAL 104.1 General. The code official is hereby authorized and SECTION 105 directed to enforce the provisions of this code. The code offi- APPROVAL cial shall have the authority to render interpretations of this 105.1 Modifications. Whenever there are practical difficulties cm.le and I. adopt policies and procedures in order to clarify the involved in carrying out the provisions of this code, the code app licalion of its provisions. Such interpretations, policies and official shall have the authority to grant modifications for indi- procedures shall be in c mpl iunce with the intent and purpose vidual cases upon application of the owner or owner's repre- or 1his code. Such policies and procedures shall not have the sentative, provided that the code official shall first find that 2 2009 INTERNATIONAL MECHANICAL CODE®

SCOPE AND ADMINISTRATION special individual reason makes the strict letter of this code done, shall first make application to the code official and obtain impractical and the modification is in compliance with the the required permit for the work. intent and purpose of this code and does not lessen health, life Exception: Where equipment and appliance replacements and fire safety requirements. The details of action granting or repairs must be performed in an emergency situation, the modifications shall be recorded and entered in the files of the permit application shall be submitted within the next work- mechanical inspection department. ing business day of the department of mechanical inspec- 105.2 Alternative materials, methods, equipment and tion. appliances. The provisions of this code are not intended to pre- 106.2 Permits not required. Permits shall not be required for vent the installation of any material or to prohibit any method the following : of construction not specifically prescribed by this code, pro- vided that any such alternative has been approved. An alterna- 1. Portable heating appliances; tive material or method of construction shall be approved 2. Portable ventilation appliances and equipment, where the code official finds that the proposed design is satis- 3. Portable cooling units; factory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the 4. Steam, hot water or chilled water piping within any heat- purpose intended, at least the equivalent of that prescribed in ing or cooling equipment or appliances regulated by this this code in quality, strength, effectiveness, fire resistance, code; durability and safety. 5. The replacement of any minor part that does not alter the approval of equipment or an appliance or make such I 105.2.1 Research reports. Supporting data, where neces- sary to assist in the approval of materials or assemblies not equipment or appliance unsafe; specifically provided for in this code, shall consist of valid 6. Portable evaporative coolers; research reports from approved sources. 7. Self-contained refrigeration systems that contain 10 105.3 Required testing. Whenever there is insufficient evi- pounds (4.5 kg) or less of refrigerant, or that are actuated dence of compliance with the provisions of this code, or evi- by motors of 1 horsepower (0.75 kW) or less; and dence that a material or method does not conform to the 8. Portable fuel cell appliances that are not connected to a requirements of this code, or in order to substantiate claims for fixed piping system and are not interconnected to a alternative materials or methods, the code official shall have the power grid. authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Exemption from the permit requirements of this code shall not be deemed to grant authorization for work to be done in vio- 105.3.1 Test methods. Test methods shall be as specified in lation of the provisions of this code or other laws or ordinances this code or by other recognized test standards. In the of this jurisdiction. absence of recognized and accepted test methods, the code official shall approve the testing procedures. 106.3 Application for permit. Each application for a permit, with the required fee, shall be filed with the code official on a 105.3.2 Testing agency. All tests shall be performed by an form furnished for that purpose and shall contain a general approved agency. description of the proposed work and its location. The applica- tion shall be signed by the owner or an authorized agent. The 105.3.3 Test reports. Reports of tests shall be retained by permit application shall indicate the proposed occupancy of all the code official for the period required for retention of pub- parts of the building and of that portion of the site or lot, if any, lic records. not covered by the building or structure and shall contain such 105.4 Approved materials and equipment. Materials, equip- other information required by the code official. 1 ment and devices approved by the code official shall be con- structed and installed in accordance with such approval. 106.3.1 Construction documents. Construction docu - ments, engineering calculations, diagrams and other data 105.5 Material, equipment and appliance reuse. Materials, shall be submitted in two or more sets with each application equipment, appliances and devices shall not be reused unless for a permit. The code official shall require construction such elements have been reconditioned, tested and placed in documents, computations and specifications to be prepared good and proper working condition and approved. and designed by a registered design professional when required by state law. Where special conditions exist, the code official is authorized to require additional construction documents to be prepared by a registered design profes- . SECTION 106 sional. Construction documents shall be drawn to scale and PERMITS shall be of sufficient clarity to indicate the location, nature 106.1 When required. An owner, authorized agent or contrac- and extent of the work proposed and show in detail that the tor who desires to erect, install, enlarge, alter, repair, remove, work conforms to the provisions of this code. Construction convert or replace a mechanical system, the installation of documents for buildings more than two stories in height which is regulated by this code, or to cause such work to be shall indicate where penetrations will be made for mechani- 2009 INTERNATIONAL MECHANICAL CODE® 3

SCOPE AND ADMINISTRATION cal systems, and the materials and methods for maintaining 106.4.3 Expiration. Every permit issued by the code offi- required structural safety, fire-resistance rating and cial under the provisions of this code shall expire by limita- fireblocking. tion and become null and void if the work authorized by such permit is not commenced within 180 days from the Exception: The code official shall have the authority to date of such permit, or if the work authorized by such permit waive the submission of construction documents, calcu- is suspended or abandoned at any time after the work is lations or other data if the nature of the work applied for commenced for a period of 180 days. Before such work is such that reviewing of construction documents is not recommences, a new permit shall be first obtained and the necessary to determine compliance with this code. fee, therefore, shall be one-half the amount required for a 106.3.2 Preliminary inspection. Before a permit is issued, new permit for such work, provided no changes have been the code official is authorized to inspect and evaluate the made or will be made in the original construction docu- systems, equipment, buildings, devices, premises and ments for such work, and provided further that such suspen- spaces or areas to be used. sion or abandonment has not exceeded one year. 106.3.3 Time limitation of application. An application for 106.4.4 Extensions. A permittee holding an unexpired per- a permit for any proposed work shall be deemed to have mit shall have the right to apply for an extension of the time been abandoned 180 days after the date of filing, unless such within which the permittee will commence work under that application has been pursued in good faith or a permit has permit when work is unable to be commenced within the been issued; except that the code official shall have the time required by this section for good and satisfactory rea- authority to grant one or more extensions of time for addi- sons. The code official shall extend the time for action by the tional periods not exceeding 180 days each. The extension permittee for a period not exceeding 180 days ifthere is rea- shall be requested in writing and justifiable cause demon- sonable cause. A permit shall not be extended more than strated. once. The fee for an extension shall be one-half the amount required for a new permit for such work. 106.4 Permit issuance. The application, construction docu- ments and other data filed by an applicant for a permit shall be 106.4.5 Suspension or revocation of permit. The code reviewed by the code official. If the code official finds that the official shall have the authority to suspend or revoke a per- proposed work conforms to the requirements of this code and mit issued under the provisions of this code wherever the all laws and ordinances applicable thereto, and that the fees permit is issued in error or on the basis of incorrect, inaccu- specified in Section 106.5 have been paid, a permit shall be rate or incomplete information, or in violation of any ordi- issued to the applicant. nance or regulation or any of the provisions of this code. 106.4.1 Approved construction documents. When the 106.4.6 Retention of construction documents. One set of code official issues the permit where construction docu- approved construction documents shall be retained by the ments are required, the construction documents shall be code official for a period of not less than 180 days from date endorsed in writing and stamped "APPROVED." Such of completion of the permitted work, or as required by state approved construction documents shall not be changed, or local laws. One set of approved construction documents modified or altered without authorization from the code shall be returned to the applicant, and said set shall be kept official. Work shall be done in accordance with the on the site of the building or job at all times during which the approved construction documents. work authorized thereby is in progress. The code official shall have the authority to issue a permit 106.4.7 Previous approvals. This code shall not require for the construction of part of a mechanical system before changes in the construction documents, construction or des- the construction documents for the entire system have been ignated occupancy of a structure for which a lawful permit submitted or approved, provided adequate information and has been heretofore issued or otherwise lawfully autho- detailed statements have been filed complying with all perti- rized, and the construction of which has been pursued in nent requirements of this code. The holder of such permit good faith within 180 days after the effective date of this shall proceed at his or her own risk without assurance that code and has not been abandoned. the permit for the entire mechanical system will be granted. I 06.4.8 Posting of permit. The permit or a copy shall be 106.4.2 Validity. The issuance of a permit or approval of kept on the site of the work until the completion of the proj- construction documents shall not be construed to be a per- ect. mit for, or an approval of, any violation of any of the provi- sions of this code or of other ordinances of the j urisdiclion. 106.5 Fees. A permit shall not be issued until the fees pre- A permit presuming to give authority to violate or cancel the scribed in Section 106.5.2 have been paid, nor shall an amend- provisions of this code shall be invalid. ment to a permit be released until the additional fee, if any, due to an increase of the mechanical system, has been paid. The issuance of a permit based upon construction docu- ments and other data shall not prevent the code official from 106.5.1 Work commencing before permit issuance. Any thereafter requiring the correction of errors in said construc- person who commences work on a mechanical system tion documents and other data or from preventing building before obtaining the necessary permits shall be subject to operations from being carried on thereunder when in viola- 100 percent of the usual permit fee in addition to the tion of this code or of other ordinances of this jurisdiction. required permit fees. 4 2009 INTERNATIONAL MECHANICAL CODE®

VENTILATION SECTION 403 provide the flow rates as specified in Section 403.3. The MECHANICAL VENTILATION required outdoor airflow rates specified in Table 403.3 shall 403.l V n1ilation system. Mechani cal ventil ation hall b prn- be introduced directly into such spaces or into the occupied vided by a mcL11od r supply ail· and return or exluntsr c1ir. The spaces from which air is transferred or a combination of both. amounl or . upply air shall be appr xi mat ly equ<11 to Lhe amounL I' return and exlun1s1air. The system hal'I not be pro- 403.3 Outdoor airflow rate. Ventilation systems shall be hibited from producing negativ r positive pres ·ure. The sys- designed to have the capacity to supply the minimum outdoor tem Lo convey ve111ifo1io11 air ·haU be des igned and in stall ed in airflow rate determined in accordance with this section. The accordance with Chapter 6. occupant load utilized for design of the ventilation system shall not be Jess than the number determined from the. estimated 403.2 Outdoor air i·cquired. The minimum outdoor airflow maximum occupant load rate indicated in Table 403 .3. Ventila- rate shall be dcr.ermined in accordanc wilh Section 403.3. tion rates for occupancies not represented in Table 403.3 shall Ventilation supply sy te m shall be de igned to deliver the be those for a listed occupancy classification that is most simi- required rate of outd or ai rflow 10 the breathing zone within lar in terms of occupant density, activities and building con- each occupiable space. struction; or shall be determined by an approved engineering Exception: Where the regisl •red design professional de m- analysis. The ventilation system shall be designed to supply the onso·ates that an engineered ventil ation system design will required rate of ventilation air continuously during the period prevent the maximum concentration of contaminant from the building is occupied, except as otherwise stated in other exceed ing that obtainable by the mte of outdo r air ventila- provisions of the code. tion de termi ne I in accordance with Section 403.3, Lhe mini- With the exception of smoking lounges, the ventilation rates mum req uired rate of outdoor air shal l be redu d in in Table 403 .3 are based on the absence of smoking in accordance with sucb ngineered system de ign. occupiable spaces. Where smoking is anticipated in a space 403.2.1 Re irculation of air. The outdoor ai1· requiTed by other than a smoking lounge, the ventilation system serving the e Lion 403.3 shall not be re.circulated . Afr in exces of that space shall be designed to provide ventilation over and above requi red by ection 403 .3 shall not be prohibited fr m being that required by Table 403.3 in accordance with accepted engi- recirculated as a component of supply ai r to bu iJding spaces, neering practice. except that: Exception: The occupant load is not required to be deter- l. Ventilation air shall not be recirculated from one mined based on the estimated maximum occupant load rate dwelling to another or to dissimilar occupancies. indicated in Table 403.3 where approved statistical data document the accuracy of an alternate anticipated occupant 2. Supply air to a swimming pool and associated deck density. areas shall not be recirculated unless snch air is dehu- midified to maintain Lhe r lative humidity f the area 403.3.1 Zone outdoor airflow. The minimum outdoor air- at 60 percent or less. Air from this area shall n l be flow required to be supplied to each zone shall be deter- recirculated to other spaces wh re more tha n I 0 per- mined as a function of occupancy classification and space cent of the resulting Sllpply ::tirstream <.:onsis~ of air air distribution effectiveness in accordance with Sections recirculated from these spaces. 403 .3.1.1through403.3.l.3. 3. Where mechanical e11,haust is required by Note b in 403.3.1.1 Breathing zone outdoor airflow. The outdoor T able 403.3, recirculation of air from such spaces airflow rate required in the breathing zane (Vin) of the shall be prohibited. All air supplied to such spaces occupiable space or spaces in a zone shall be determined shall be exhausted including any air in excess of that in accordance with Equation 4-1. required by Table 403. :3 . V0, = R1,P, + R,,A, (Equation 4-1) 4. Where mechanical exhaus t is required by N t g in Table 403.3, mechanical exhaust i. required and where: recirculation is prohibited where more than l 0 per- A. = Zone floor area: the net occupiable floor area of cent of the resulting ~uppl y airstTea m cons ist of air the space or spaces in the zone. recirculated from these spaces. p_ Zone population: the number of people in the 403.2.2 Transfer air. Except where r circulaLion from uch space or spaces in the zone. spaces is prohibited by Tabl · 403.3, air transferred from occup iable sp aces i · not pr hi bited from. erving as makeup Rf! = People outdoor air rate: the outdoor airflow rate air fo r required exhaust systems in such spaces as kitchens required per person from Table 403.3. baths, toilet ro 1m;, elevators and smoking lounge . The R" Area outdoor air rate: the outdoor airflow rate amou nt of tran. f'er oir and exhaust air , hall be suffi ient to required per unit area from Table 403 .3. 30 2009 INTERNATIONAL MECHANICAL CODE®

VENTILATION TABLE 403.3 MINIMUM VENTILATION RATES PEOPLE OUTDOOR AREA OUTDOOR AIRFLOW RATE IN AIRFLOW RATE IN BREATHING ZONE BREATHING ZONE Ra DEFAULT OCCUPANT EXHAUST AIRFLOW OCCUPANCY CLASSIFICATION CFM/PERSON CFM/FT2 " DENSITY #/1000 FT2 a RATE CFM/FT2 a Correctional facilities Cells without plumbing fixtures 5 0.12 25 - with plumbing fixturesg 5 0.12 25 1.0 Dining halls (see food and beverage service) - - - - Guard stations 5 0.06 15 - Day room 5 0.06 30 - Booking/waiting 7.5 0.06 50 - Dry cleaners, laundries Coin-operated dry cleaner 15 - 20 - Coin-operated laundries 7.5 0.06 20 - Commercial dry cleaner 30 - 30 - Commercial laundry 25 - 10 - Storage, pick up 7.5 0.12 30 - Education Auditoriums 5 0.06 150 - Corridors (see public spaces) - - - - Media center IQ 0.12 25 - Sports locker rooms£ - - - 0.5 Music/theater/dance IQ 0.06 35 - Smoking loungesb 60 70 - Day care (through age 4) 10 0.18 25 - Classrooms (ages 5-8) 10 0.12 25 - Classrooms (age 9 plus) IQ 0.12 35 - Lecture classroom 7.5 0.06 65 - Lecture hall (fixed seats) 7.5 0.06 150 - Art classroom£ IQ 0.18 20 0.7 Science laboratories£ IQ 0.18 25 1.0 Wood/metal shops£ IQ 0.18 20 0.5 Computer lab 10 0.12 25 - Multiuse assembly 7.5 0.06 100 - Locker/dressing roomss - - - 0.25 Food and beverage service Bars, cocktail lounges 7.5 0.18 100 - Cafeteria, fast food 7.5 0.18 100 - Dining rooms 7.5 0.18 70 - Kitchens (cooking)b - - - 0.7 Hospitals, nursing and convalescent homes Autopsy roomsb - - - 0.5 Medical procedure rooms 15 - 20 - Operating rooms 30 - 20 - Patient rooms 25 - IQ - Physical therapy 15 - 20 - Recovery and ICU 15 - 20 - Hotels, motels, resorts and dormitories Multipurpose assembly 5 0.06 120 - Bathrooms/toilet-private£ - - - 25/50r Bedroom/living room 5 0.06 IQ - Conference/meeting 5 0.06 50 - Dormitory sleeping areas 5 0.06 20 - Gmnhling casinos 7.5 0.18 120 - Lobbies/prefu nction 7.5 0.06 30 --- (continued) 2009 INTERNATIONAL MECHANICAL CODE® 31

VENTILATION TABLE 403.3-continued MINIMUM VENTILATION RATES - PEOPLE OUTDOOR AREA OUTDOOR AIRFLOW RATE IN AIRFLOW RATE IN BREATHING ZONE BREATHING ZONE Re DEFAULT OCCUPANT EXHAUST AIRFLOW OCCUPANCY CLASSIFICATION CFM/PERSON CFM/FT2 ° DENSITY #/1000 FT28 RATE CFM/FT28 Offices Conference rooms 5 0.06 50 - Office spaces 5 0.06 5 - Reception areas 5 0.06 30 - Telephone/data entry 5 0.06 60 - Main entry lobbies 5 0.06 10 - Private dwellings single and multiple Garages, common for multiple unitsb ·- - - 0.75 Garages, separate for each dwellingb - - - 100 cfm per car Kil hen.b - - - 25/lOOf Living areas" 0.35 ACH but not le~s - Based upon number of - than I 5 cfm/person bedrooms. First bedroom, 2; each additional bedroom, I Toilet rooms and bathroomsg - - - 20/50f Public spaces Corridors - 0.06 - - Elevator car - - - 1.0 Shower room (per shower head)8 - - - 50/20f Smoking loungesb 60 - 70 - Toilet rooms - publicg - - - 50/70° Places of religious worship 5 0.06 120 - Courtrooms 5 0.06 70 - Legislative chambers 5 0.06 50 - , Libraries 5 0.12 10 - Museums (children's) 7.5 0.12 40 - Museums/galleries 7.5 0.06 40 - Retail stores, sales floors and showroom floors Sales (except as below) 7.5 0.12 15 - Dressing rooms - - - 0.25 Mall common areas 7.5 0.06 40 - Shipping and receiving - 0.12 - - Smoking loungesb 60 - 70 - Storage rooms - 0.12 - - Warehouses (see storage) - - - - Specialty shops Automotive motor-fuel dispensing stationsb - - - 1.5 Barber 7.5 ~ 1 ~ 0.06 ,___...... 25 ----...... 1 ~ 0.5 cu111y uml nnil sa lunsh. 11 0. 12 25 0.6 ~ 20 Embalming roomh - 1 ~ - ~ i.-- - ~ 1- - - - - - - 1 ~ 2.0 Pet shops (animal areas)b 7.5 0.18 10 0.9 Supermarkets 7.5 0.06 8 - Sports and amusement ~30 Disco/dance floors 20 0.06 100 - Bowling alleys (seating areas) 10 0.12 40 - Game arcades .. 7.5 0.18 20 - Ice arenas without combustion engines - 0.30 - 0.5 Gym, stadium, arena (play area) - 0.30 - - Spectator areas 7.5 0.06 150 - Swimming pools (pool and deck area) - 0.48 - - Health club/aerobics room 20 0.06 40 - Health club/weight room 20 0.06 10 - JJATBl..11 (continued) 32 2009 INTERNATIONAL MECHANICAL coDE

VENTILATION TABLE 403.3-continued MINIMUM VENTILATION RATES PEOPLE OUTDOOR AREA OUTDOOR AIRFLOW RATE IN AIRFLOW RATE IN BREATHING ZONE BREATHING ZONE Ra DEFAULT OCCUPANT EXHAUST AIRFLOW OCCUPANCY CLASSIFICATION CFM/PERSON CFM/FT2 " · DENSITY #/1000 FT2 a RATE CFM/FT2 " Storage Repair garages, enclosed parking garagesh,d - - - 0.75 Warehouses - 0.06 - - Theaters Auditoriums (see education) - - - - Lobbies 5 0.06 150 - Stages, studios IO 0.06 70 - Ticket booths 5 0.06 60 - Transportation Platforms 7.5 0.06 IOO - Transportation waiting 7.5 0.06 100 - Workrooms Bank vaults/safe deposit 5 0.06 5 - Darkrooms - - - 1.0 Copy, printing rooms 5 0.06 4 0.5 Meat processingc 15 - 10 - Pharmacy (prep. area) 5 0.18 10 - Photo studios 5 0.12 IO - Computer (without printing) 5 0.06 4 - For SI: I cubic foot per minute= 0.0004719 m 3/s, I ton= 908 kg, 1 cubic foot per minute per square foot= 0.00508m 3/(s · m2 ), C = [(F) -32]/1.8, 1 square foot= 0.0929 m 2 • a. Based upon net occupiable floor area. b. Mechanical exhaust required and the recirculation of air from such spaces is prohibited (see Section 403.2.1, Item 3). c. Spaces unheated or maintained below 50°F are not covered by these requirements unless the occupancy is continuous. d. Ventilation systems in enclosed parking garages shall comply with Section 404. e. Rates are per water closet or urinal. The higher rate shall be provided where periods of heavy use are expected to occur, such as toilets in theaters, schools and sports facilities. The lower rate shall be permitted where periods of heavy use are not expected. f. Rates are per room unless otherwise indicated. The higher rate shall be provided where the exhaust system is designed to operate intermittently. The lower rate shall be permitted where the exhaust system is designed to operate continuously during normal hours of use. g. Mechanical exhaust is required and recirculation is prohibited except that recirculation shall be permitted where the resulting supply airstream consists of not more than J0 percent air recirculated from these spaces (see Section 403.2. J, Items 2 and 4 ). h. For nail salons, the required exhaust shall inc ude ventilation tables or other systems that capture the contaminants and odors a their source and are capable of exhausting a minimum or 50 cfm per station. 2009 INTERNATIONAL MECHANICAL CODE® 33

Title 24 Page 1 of 17 TITLE 24 Professions and Occupations CHAPTER 3. ARCHITECTURE § 301 Objectives and functions. The primary objective of the Board of Architects, to which all other objectives and purposes are secondary, is to protect the general public (including those persons who are direct recipients of services regulated by this chapter) from unsafe practices, and from occupational practices which tend to reduce competition or fix the price of services rendered. The secondary objectives of the Board are to maintain minimum standards of architect competency, and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against architects regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against architects. 64 Del. Laws, c. 1, § 1; 68 Del. Laws, c. 144, § i.; § 302 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) "Architect" shall mean any person who engages in the practice of architecture as hereinafter defined. (2) The "Board" shall mean the Board of Architects established by§ 8735(a)(3) of Title 29 and this chapter. (3) "Certificate of registration" shall mean any document which indicates that a person is currently registered with the Board of Architects. (4) "Direct supervision" shall mean that degree of supervision by a person overseeing the work of another whereby the supervisor has both control over and detailed professional knowledge of the work prepared under the person's supervision. (5) "Practice of architecture" shall mean the rendering or offering to render those services, hereinafter described, in connection with the design and construction, enlargement or alteration of a structure or group of structures which have as their principal purpose human habitation or use, and the utilization of space within and http://delcode.delaware.gov/title24/c003/index.shtml 7/18/2014

Title 24 Page 2of17 surrounding such structures; the senrices referred to include planning, preparing studies, designs, drawings, specifications and other technical submissions and furnishing administration of construction contracts. (6) "Registered architect" shall mean an architect holding a current certificate of registration. (7) "Substantially related" means the nature of criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of architecture. (8) "Technical submissions" shall mean designs, drawings, specifications, studies and other technical reports prepared in the course of practicing architecture. 62 Del. Laws, c. 344, § 1; 64 Del. Laws, c. 1, § 1; 65 Del. Laws, c. 355, § 1; 68 Del. Laws, c. 144, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 262, § 9.; § 303 Registration to practice; construction of chapter. (a) The right to engage in the practice of architecture shall be deemed a personal right, based upon the qualifications of the individual as evidenced by a certificate of registration, which shall not be transferable. No person shall engage in the practice of architecture in this State or otherwise hold oneself out to the public as being an architect, or use in connection with the person's name, or otherwise assume, use or advertise any title or description intending to convey the impression that the person is an architect, unless such person has a certificate of registration. (b) The provisions of this chapter shall not be construed to prevent, nor to affect: (1) The preparation of technical submissions or the administration of construction contracts by an employee or subordinate of a person or organization lawfully engaged in the practice of architecture, providing such work is done under the direct responsibility and supenrision of such person or organization; (2) The practice of architecture by a person licensed in this State as a professional engineer, when such practice is incidental to what may be properly considered an engineering project; (3) The practice oflandscape architecture by a landscape architect, regardless of whether the practice of landscape architecture shall continue to be licensed under the Delaware Code; (4) A nonresident, who holds a certificate to practice architecture in the state in which the person resides, and/or in addition holds the certification issued by the National Council of Architectural Registration Boards, from agreeing to perform or holding the person's self out as able to perform any of the professional senrices involved in the practice of architecture; provided that the person shall not perform any of the professional senrices involved in the practice of architecture until registered as provided http://delcode.delaware.gov/title24/c003/index.shtml 7/18/2014

Title 24 Page 3of17 in subsection (a) of this section; and further provided that the person notifies the Board in writing if the person, prior to registration, engages in any of the activities permitted by this _paragraph; (5) Any of the activities that, apart from this exemption, would constitute the practice of architecture, if performed in connection with any of the following: a. Single and 2-family dwellings, and any sheds, storage buildings and garages incidental to such dwellings; b. Farm buildings, including barns, silos, sheds or housing for farm equipment and livestock, provided such structures are designed to be occupied by no more than 10 persons; or c. Any alteration, renovation or remodeling of a structure when such alteration, renovation or remodeling does not affect structural or other safety features of the structure and when the work contemplated by the design does not require the issuance of a permit under applicable building codes; (6) The preparation of submissions to architects by the manufacturer, supplier, installer, or others of any materials, components, or equipment incidental to the architect's design of the entire project that describe or illustrate the use of such items; (7) The preparation of any details or shop drawings required of the contractor by the terms of the construction documents; (8) The management of construction contracts by persons engaged in contracting work; (9) The preparation of technical submissions or the administration of construction contracts by persons acting under the responsible control of a registered architect; (10) Officers and employees of the United States of America from engaging in the practice of architecture as employees of said United States of America; (11) A person who holds the certification issued by the National Council of Architectural Registration Boards (NCARB) but who is not currently registered in the jurisdiction, from offering to provide the professional services involved in the practice of architecture, provided that the person shall not perform any of the professional services involved in the practice of architecture until registered as hereinbefore provided, and further provided that he or she notifies the Board in writing that: a. The person holds a NCARB certificate and is not currently registered in the jurisdiction, but will be present in Delaware for the purpose of offering to provide architectural services; b. The person will deliver a copy of the notice referred to in paragraph (b)(n)a. of this section to every potential client to whom the person offers to render architectural services; and http://delcode.delaware.gov/title24/c003/index.shtml 7118/2014

From: To: City Clerks Office Subject: Request for an Appeal Date: Thursday, July 10, 2014 2:42:02 PM Good afternoon. I am sending this email because I would like to request an appeal on two specific issues that I have come across in my process to obtain a building permit. The original building permit application was turned in on June 6, 2014. After not getting a response, I stopped by the office and was told I needed to schedule a meeting with the inspector, fire marshal, and one other person that I can not remember. This would be my second meeting with these two gentleman. After going to that scheduled meeting, I was told I would need to meet new criteria before my building permit would be issued. (I would like to note that the date of the second meeting was June 16th and I did not receive a response to submitted paperwork until July 9th).The new major item that was now mentioned was a sealed drawing of a modified bathroom for my location. The inspector and myself were in disagreement with this decision. I was previously told the bathroom was fine as it was and after time I assume this decision was changed. During our original meeting, on location, I was told the bathroom would be fine and that the floor plan that was turned into and approved by Public Health would be satisfactory to receive my approval. Again, this has changed. I am now being told that not only do I need a handicapped accessible bathroom, but that I now need a sealed drawing of the entire facility. This is why I am requesting an appeal. I have shortened some of the details regarding the correspondence between the inspector and myself because I'm sure I will have to discuss it at the appeal hearing. The major issues that I would like to discuss at this meeting are first the bathroom because not only was it initially not an issue, but also because renovating the bathroom would be, in my opinion, unreasonable, an unnecessary expense, and time consuming. The bathroom as it stands would be perfectly fine for myself and any future employees in reference to accessibility and ease of use. Someone that is bound to a wheelchair would not physically be able to meet the requirements needed to work in my bakery, therefore, any commentary stating the bathroom needs to be modified for that reason is not frivolous. The second issue I would like to discuss is the need for a sealed drawing. Initially, I was told the plan submitted and approved to Public Health was sufficient for my needs and again, it seems that this is no longer the case. I am only asking for consistency in facts. If this was requested initially, it would have been taken care of by this time. Though the space is being renovated to accommodate a bakery, the work is not as extensive as I believe it is being portrayed. Neither my contractor nor my plumber have stated any issues working off of the Public Health submitted plans. The "major" work being done is the addition of 3 assorted sinks and a grease trap. This of course is being done by my plumber who of course is familiar with the plumbing codes. The only other revision I am requesting is the addition of partition walls. Yes, I assume by definition I am installing a kitchen, but not to a major extent. There will be no hood system, deep fryers, griddles, flat tops, or anything of that caliber.

For the above stated reasons, I am requesting an appeal. Thank you for your time and consideration. Tiffanee Lee-Scott Tiffanee & Co. Bakery P.O. Box 483 Dover De 19903

Municode Page 1 of 1 Dover, Delaware, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 22 - BUILDINGS AND BUILDING REGULATIONS >> ARTICLE I. IN GENERAL >> ARTICLE I. IN GENERAL Sec. 22-1. Construction code appeals committee. Sec. 22-2. Housing authority created; purpose. Secs. 22-3—22-30. Reserved. Sec. 22-1. Construction code appeals committee. (a) Established; composition; appointment. There shall be a committee to be referred to as the "construction code appeals committee," consisting of three members, one of whom shall be the city manager and the other two being elected city officials. The city officials shall be appointed by the city council president at the council annual meeting. (b) Appeals. Whenever any person is aggrieved by a decision of the building inspector with respect to the provision of this chapter, it is the right of that person to appeal to the construction code appeals committee. Such appeal must be filed, in writing, within 30 days after the determination by the building inspector. (c) Notice; hearing. Upon receipt of such an appeal, the construction code appeals committee shall set a time and place in not less than ten, nor more than 30 days for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties, at which time they may appear and be heard. The determination by the construction code appeals committee shall be final in all cases. (Code 1981, § 5-3; Ord. of 4-25-1994) Sec. 22-2. Housing authority created; purpose. Created; purpose. There shall be a housing authority as provided in 31 Del. C. (Ord. of 4-10-2006(1)) Secs. 22-3—22-30. Reserved. https://library.municode.com/print.aspx?h=&clientID=13910&HTMRequest=https%3a%2... 7/28/2014

Akers, Gregory C From: Fred Grable Sent: Friday, July 18, 2014 1:34 PM To: Akers, Gregory C Cc: Lis Valdemarsen; Shawn Martin Subject: RE: 12 IPC (A) 102.5 (Ql) 9FG) Gregory, Thank you for your inquiry. Your question have been rephrased so that I can provide answers with clarity. Q1: Where a permit is required for existing building work such as a change of occupancy might require, are the plans (construction documents) required to be "sealed"? "Sealed" in this context meaning reviewed by a registered design professional that is licensed to accept the legal responsibility for the design on the plans such that his (or her) license "seal" must be applied to the plans to indicate acceptance of that responsibility. A 1: See Section 106.3.2, second sentence. The requirement for involving a registered design professional and having them accept the responsibility for the plans (the design) is a matter decided for by each State. The code does not specify when plans need to be "sealed". Please consult your State Building Department to determine which structures and constructions are required to have "sealed" plans. Q2: Where an existing building will have a change in occupancy, are the existing toilet facilities required to be upgraded to meet the requirements of ICC A 117.1? A2: Assuming that the number of required toilet facilities' plumbing fixtures for the new occupancy is the same as the existing, and that Chapter 34 of the International Building Code is adopted for changes to existing structures, Section 3404.1 requires that the requirements of the IBC be complied with. Referring to Chapter 11 on Accessibility, specifically Section 1101.2 (requiring compliance with ICC A 117.1) and Section 1109.1 (referring to Section 1109.2), then YES, the existing toilet facilities must be reworked to be "fully accessible". Note that all other accessibility requirements of IBC Chapter 11 apply. Specifically note the drinking fountain requirements of Section 1109.5. If you need further information or have questions on the above, please contact me directly by email or telephone. Code opinions issued by ICC staff are based on ICC published codes and do not include local, state or federal codes, policies or amendments. This opinion is based on the information which you have provided. We have made no independent effort to verify the accuracy of this information nor have we conducted a review beyond the scope of your question. This opinion does not imply approval of an equivalency, specific product, specific design, or specific installation and cannot be published in any form implying such approval by the International Code Council. As this opinion is only advisory, the final decision is the responsibility of the designated authority charged with the administration and enforcement of this code. Respectfully, 1

Fred Grable, P.E. Senior Staff Engineer International Code Council www.iccsafe.org Notice: This message is intended only fo r the use of the individual or entity to wh ich it is addressed and may be confidential and/or privileged . If the reader of this message is not the intended recipien t, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error. please notify the sender by return e-mail, and delete the original message and all copies from your system Thank you. From: Lis Valdemarsen Sent: Friday, July 18, 2014 9:39 AM To: Fred Grable Cc: Akers, Gregory C Subject: 12 IPC (A) 102.5 (Ql) 9FG) Gregory, I have forwarded your request to Fred Grable. If you have any questions regarding the status of your reply to your code opinion question, please contact me by either phone or email. Sincerely, Lis Valdemarsen Senior Secretary International Code Council, Inc. Los Angeles District Office 5360 Workman Mill Rd www.iccsafe.org Our usual response time is up to a week depending on the issues for email code opinions Reminders are sent out once a week (7 days) from date engineer is assigned to keep us on track with items on the in box For written (letter) request Response time is up to 2 weeks (14 business days) Codes & Standards Forum: The Code Council has revisited how best to provide an online , professional Discussion Forum and area within the website that has a sense of community - where Members and nonmembers can provide input and exchange ideas with their peers in the industry. The new Codes & Standards Discussion Forum does just that, as it allows Registered Website Users and ICC Members to discuss the I-Codes in an online community Note to Non-Members: If you join the ICC you can have access to important building safety information! Link: www.iccsafe.org/ICCFORUMS Feed: Codes, Standards & Guidelines: Request Code Opinion Posted on: Thursday, July 17, 2014 8:46 AM Author: Gregory Akers Subject: Gregory C. Akers Requestor Full Name: Gregory C. Akers Job Title: Chief Building Inspector I Plans Examiner Phone Number: Requestor email address: gakers@dover.de.us 2

Requestor Address: City of Dover P.O. Box 475 Dover, DE 19903 Code Reference: 2012 IPC- (A) 102.5 Change in Occupancy Code Edition: 2012, IPC Code Section: (A) 102.5 Change in Occupancy Questions: A suite within an existing building previously used as Mercantile is being proposed as a new Bakery (F-1) in Occupancy Classification. I am requiring sealed plans that reflect compliance with the new proposed Occupancy Classification that includes a commercial kitchen (being required by other authority having jurisdiction (Public Health). I am also requiring that the existing restroom (that is not ANSI 117.1 compliant) to be compliant as accessible based on the new Occupancy (F-1), sf and occupant load to be provided on sealed plans. Is my requirement for sealed plans and restroom accessibility appropriate? Status: New View article ... Join us in Fort Lauderdale for ICC's 2014 Public Comment Hearings in September. Experience cdpACCESS in action and help ensure the 2015 lnternationa/ Green Construction Codes achieve the best in energy, water and cost efficiencies from sustainable construction. Register now. 3

CHAPTER 1 SCOPE AND ADMINISTRATION PART 1-SCOPE AND APPLICATION thereof, shall be maintained in proper operating condition in accordance with the original design in a safe and sanitary condition. All devices or safeguards required by this code SECTION 101 shall be maintained in compliance with the code edition GENERAL under which they were installed. [A] 101.1 Title. These regulations shall be known as the The owner or the owner's designated agent shall be International Plumbing Code of [NAME OF JURISDICTION] responsible for maintenance of plumbing systems. To deter- hereinafter referred to as "this code." mine compliance with this provision, the code official shall have the authority to require any plumbing system to be rein- [A] 101.2 Scope. The provisions of this code shall apply to spected. the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing [A] 102.4 Additions, alterations or repairs. Additions, systems within this jurisdiction. This code shall also regulate alterations, renovations or repairs to any plumbing system nonflammable medical gas, inhalation anesthetic, vacuum shall conform to that required for a new plumbing system piping, nonmedical oxygen systems and sanitary and conden- without requiring the existing plumbing system to comply sate vacuum collection systems. The installation of fuel gas with all the requirements of this code. Additions, alterations distribution piping and equipment, fuel-gas-fired water heat- or repairs shall not cause an existing system to become ers and water heater venting systems shall be regulated by the unsafe, insanitary or overloaded. International Fuel Gas Code. Provisions in the appendices Minor additions, alterations, renovations and repairs lo shall not apply unless specifically adopted. existing plumbing systems shall meet the provisions for new Exception: Detached one- and two-family dwellings and construction, unless such work is done in the same manner multiple single-family dwellings (townhouses) not more and arrangement as was in the existing system, is not hazard- than three stories high with separate means of egress and ous and is approved. their accessory structures shall comply with the Interna- [Al 102 5 Change ju occupapc)!. It shall be unlawful lo tional Residential Code. make any change in the occupancy of any structure that will [A] 101.3 Intent. The purpose of this code is to provide min- subject the structure to any special provision of this code imum standards to safeguard life or limb, health, property and applicable to the new occupancy without approval of the code public welfare by regulating and controlling the design, con- official. The code official shall certify that such structure struction, installation, quality of materials, location, operation meets the intent of the provisions of law governing building and maintenance or use of plumbing equipment and systems. construction for the proposed new occupancy and that such [A] 101.4 Severability. If any section, subsection, sentence, change of occupancy does not result in any hazard to the pub- clause or phrase of this code is for any reason held to be lic health, safety or welfare. unconstitutional, such decision shall not affect the validity of [A] 102.6 Historic buildings. The provisions of this code the remaining portions of this code. relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures SECTION 102 identified and classified by the state or local jurisdiction as APPLICABILITY historic buildings when such buildings or structures are [A] 102.1 General. Where there is a conflict between a gen- judged by the code official to be safe and in the public inter- eral requirement and a specific requirement, the specific est of health, safety and welfare regarding any proposed con- requirement shall govern. Where, in any specific case, differ- struction, alteration, repair, enlargement, restoration, ent sections of this code specify different materials, methods relocation or moving of buildings. of construction or other requirements, the most restrictive [A] 102. 7 Moved buildings. Except as determined by Sec- shall govern. tion 102.2, plumbing systems that are a part of buildings or [A] 102.2 Existing installations. Plumbing systems lawfully structures moved into or within the jurisdiction shall comply in existence at the time of the adoption of this code shall be with the provisions of this code for new installations. permitted to have their use and maintenance continued if the [A] 102.8 Referenced codes and standards. The codes and use, maintenance or repair is in accordance with the original standards referenced in this code shall be those that are listed design and no hazard to life, health or property is created by such plumbing system. in Chapter 14 and such codes and standards shall be consid- I [A] 102.3 Maintenance. All plumbing systems, materials and appurtenances, both existing and new, and all parts ered as part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sec- tions 102.8.1 and 102.8.2. I 2012 INTERNATIONAL PLUMBING CODE~

SCOPE AND ADMINISTRATION cates issued, fees collected, reports of inspections, and SECTION 106 notices and orders issued. Such records shall be retained in PERMITS the official records for the period required for the retention of [A] 106.1 When required. Any owner, authorized agent or public records. contractor who desires to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, SECTION 105 convert or replace any plumbing system, the installation of APPROVAL which is regulated by this code, or to cause any such work to [A] 105.1 Modifications. Whenever there are practical diffi- be done, shall first make application to the code official and culties involved in carrying out the provisions of this code, obtain the required permit for the work. the code official shall have the authority to grant modifica- [A] 106.2 Exempt work. The following work shall be tions for individual cases, upon application of the owner or exempt from the requirement for a permit: owner's representative, provided the code official shall first find that special individual reason makes the strict letter of 1. The stopping of leaks in drains, water, soil, waste or this code impractical and the modification conforms to the vent pipe provided, however, that if any concealed trap, intent and purpose of this code and that such modification drainpipe, waler, soil, waste or vent pipe becomes does not lessen health, life and fire safety requirements. The defective and it becomes necessary to remove and details of action granting modifications shall be recorded and replace the same with new material, such work shall be entered in the files of the plumbing inspection department. considered as new work and a permit shall be obtained and inspection made as provided in this code. [A] 105.2 Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the 2. The clearing of stoppages or the repairing of leaks in installation of any material or to prohibit any method of con- pipes, valves or fixtures, and lhe removal and reinstal- struction not specifically prescribed by this code, provided lation of water closets, provided such repairs do nol that any such alternative has been approved. An alternative involve or require the replacement or rearrangement of material or method of construction shall be approved where valves, pipes or fixtures. the code official finds that the proposed alternative material, Exemption from the permit requirements of this code shall method or equipment complies with the intent of the provi- not be deemed to grant authorization for any work to be done sions of this code and is at least the equivalent of that pre- in violation of the provisions of this code or any other laws or scribed in this code. ordinances of this jurisdiction. [A] 105.2.1 Research reports. Supporting data, where [A] 106.3 Application for permit. Each application for a necessary to assist in the approval of materials or assem- permit, with the required fee, shall be filed with the code offi- blies not specifically provided for in this code, shall con- cial on a form furnished for that purpose and shall contain a sist of valid research reports from approved sources. general description of the proposed work and ils location. The [A] 105.3 Required testing. Whenever there is insufficient application shall be signed by the owner or an authorized evidence of compliance with the provisions of this code, or agent. The permit application shall indicate the proposed evidence that a material or method does not conform to the occupancy of all parts of the building and of that portion of requirements of this code, or in order to substantiate claims the site or lot, if any, not covered by the building or structure for alternate materials or methods, the code official shall have and shall contain such other information required by the code the authority to require tests as evidence of compliance to be official. made at no expense to the jurisdiction. 106.3.1 Con ucti n documents. Construction doc- [A] 105.3.1 Test methods. Test methods shall be as speci- uments, engineering calculations, diagrams and other such data shall be submitted in two or more sets with each fied in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the application for a permit. The code official shall require construction documents, computations and specifications code official shall approve the testing procedures. to be prepared and designed by a registered design profes- [A] 105.3.2 Testing agency. All tests shall be performed sional when required by state law. Construction docu- by an approved agency. ments shall be drawn to scale and shall be of sufficient clarity to indicate the location, nature and extent of the [A] 105.3.3 Test reports. Reports of tests shall be retained work proposed and show in detail that the work conforms by the code official for the period required for retention of to the provisions of this code. Construction documents for public records. buildings more than two stories in height shall indicate * [A] 105.4 Approved materials and equipment. Materials, where penetrations will be made for pipes, fittings and equipment and devices approved by the code official shall be components and shall indicate the materials and methods constructed and installed in accordance with such approval. for maintaining required structural safety, fire-resistance rating and fireblocking. [A] 105.4.1 Material and equipment reuse. Materials, equipment and devices shall not be reused unless such ele- Exception: The code official shall have the authority to ments have been reconditioned, tested, placed in good and waive the submission of construction documents, cal- proper working condition and approved. culations or other data if the nature of the work applied 2012 INTERNATIONAL PLUMBING CODE" 3

FIXTURES, FAUCETS AND FIXTURE FITTINGS TABLE 403.1 -continued MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURES• (See Sections 403.2 and 403.3) c. A single-occupant toilet room with one water closet and one lavatory serving not more than two adjacent patient sleeping units shall be pe1:mitted where such room is provided with direct access from each patient sleeping unit and with provisions for privacy. d. The occupant load for seasonal outdoor seating and entertainment areas shall be included when determining the minimum number of facilities required. e. The minimum number of required drinking fountains shall comply with Table 403. l and Chapter 11 of the International Building Code. f. Drinking fountains are not required for an occupant load of 15 or fewer. I g. For business and mercantile occupancies with an occupant load of 15 or fewer, service sinks shall not be required. 403.1.1 Fixture calculations. To determine the occupant facilities in all occupancies. Employee toilet facilities shall be load of each sex, the total occupant load shall be divided in half. To determine the required number of fixtures, the fix- ture ratio or ratios for each fixture type shall be applied to the occupant load of each sex in accordance with Table 403.1. Fractional numbers resulting from applying the fix- ture ratios of Table 403.1 shall be rounded up to the next either separate or combined employee and public toilet facili- ties. Exception: Public toilet facilities shall not be required in open or enclosed parking garages. Toilet facilities shall not be required in parking garages where there are no I parking attendants. whole number. For calculations involving multiple occu- pancies, such fractional numbers for each occupancy shall 403.3.1 Access. The route to the public toilet facilities first be summed and then rounded up to the next whole required by Section 403.3 shall not pass through kitchens, number. storage rooms or closets. Access to the required facilities shall be from within the building or from the exterior of Exception: The total occupant load shall not be the building. All routes shall comply with the accessibility required to be divided in half where approved statistical requirements of the International Building Code. The pub- data indicates a distribution of the sexes of other than lic shall have access to the required toilet facilities at all 50 percent of each sex. 403.1.2 Family or assisted-use toilet and bath fixtures. Fixtures located within family or assisted-use toilet and bathing rooms required by Section 1109.2.l of the Inter- times that lhe building is occupied. (B] 403.3.2 Toilet room location. Toilet rooms shall not open directly into a room used for the preparation of food I for service to the public. national Building Code are permitted to be included in the number of required fixtures for either the male or female 403.3.3 Location of toilet facilities in occupancies other occupants in assembly and mercantile occupancies. than malls. In occupancies other than covered and open I mall buildings, the required public and employee toilet 403.2 Separate facilities. Where plumbing fixtures are facilities shall be located not more than one story above or required, separate facilities shall be provided for each sex. below the space required to be provided with toilet facili- Exceptions: ties, and the path of travel to such facilities shall not 1. Separate facilities shall not be required for dwelling exceed a distance of 500 feet (152 m). units and sleeping units. Exception: The location and maximum travel distances 2. Separate facilities shall not be required in structures to required employee facilities in factory and industrial or tenant spaces with a total occupant load, includ- occupancies are permitted to exceed that required by ing both employees and customers, of 15 or fewer. this section, provided that the location and maximum travel distance are approved. 3. Separate facilities shall not be required in mercan- 403.3.4 Location of toilet facilities in malls. In covered tile occupancies in which the maximum occupant load is 100 or fewer. and open mall buildings, the required public and employee I toilet facilities shall be located not more than one story 403.2.1 Family or assisted-use toilet facilities serving as above or below the space required to be provided with toi- separate facilities. Where a building or tenant space let facilities, and the path of travel to such facilities shall requires a separate toilet facility for each sex and each toi- not exceed a distance of 300 feet (91 440 mm). In mall let facility is required to have only one water closet, two family/assisted-use toilet facilities shall be permitted to serve as the required separate facilities. Family or assisted- buildings, the required facilities shall be based on total square footage within a covered mall building or within the perimeter line of an open mall building, and facilities I use toilet facilities shall nol be required to be identified for shall be installed in each individual store or in a central exclusive use by either sex as required by Section 403.4. toilet area localed in accordance with this section. The 403.3 Re aired ublic toil cilllie . Customers, patrons maximum travel distance to central toilet facilities in mall and visitors shall be provided with public toilet facilities in buildings shall be measured from the main entrance of any structures and tenant spaces intended for public utilization. store or tenant space. In mall buildings, where employees' The number of plumbing fixtures located within the required toilet facilities are not provided in the individual store, the toilet facilities shall be provided in accordance with Section maximum travel distance shall be measured from the 403 for all users. Employees shall be provided with toilet employees' work area of the store or tenant space. 28 2012 INTERNATIONAL PLUMBING CODE~

SPONSOR: Sen. Marshall, Sen. McBride; Rep. Mitchell DELAWARE STATE SENATE 145th GENERAL ASSEMBLY SENATE BILL NO. 160 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE ADOPTION AND ENFORCEMENT OF A UNIFIED PLUMBING CODE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE ST ATE OF DELA WARE: Section 1. Amend §7903, Title 16 of the Delaware Code by deleting §7903 in its entirety and substituting in lieu 2 thereof the following: 3 "§7903. Plumbing Code; adoption and enforcement. 4 The Division of Public Health shall adopt and enforce the most recent version of the International Plumbing Code 5 (!PC) within one calendar year of its issuance, in conformity with the basic plumbing principles provided in this Chapter. 6 The Division of Public Health may adopt and enforce additional plumbing regulations which shall not be in conflict with 7 the !PC and the basic plumbing principles set forth in this Chapter." 8 Section 2. Amend §7904, Title 16 of the Delaware Code by deleting §7904 in its entirety and substituting in lieu 9 thereof the following: 10 "7904. Local regulations. 11 Every political subdivision within the State of Delaware, including county, city or municipal governments, shall 12 enforce the International Plumbing Code (!PC) as adopted or modified by the Division of Public Health. Every political 13 subdivision retains the right to propose additional or modified plumbing regulations, which must be submitted in writing to 14 the Division of Public Health for review and approval. The Division of Public Health, within sixty days of receiving such 15 proposed changes or additions, shall consult with the State Board of Plumbing, Heating, Air Conditioning, Ventilation and 16 Refrigeration Examiners, and may thereafter adopt, modify or reject the proposed changes or additions. Upon issuance of 17 the statewide plumbing regulations every political subdivision shall have the option of adopting and enforcing said 18 regulations, or adopting and enforcing the minimum standards set forth in the most recently adopted version of the IPC." SYNOPSIS This Bill makes the plumbing code uniform for all three counties by requiring the adoption and enforcement of the International Plumbing Code. Author: Senator Marshall Page I of 1 SD: TGW: rma Jun 11,2009

liece/y,ed JUN 2 />./""'111 0 2014 APPROVAL TO CONSTRUCT (ATC) CONDITION LIST '' " 1,, , ,,.,. SECTION 2 - GENERAL REQUIREMENTS APPLICABLE TO ALL FOOD ESTABLISHMENTs'''''•A 1. State of Delaware Regulations Governing a Detailed Plumbing Code adopts International Plumbing Code 2012 (IPC2012) . Excerpts are listed below. a) (IPC2003 Table 403.1 Minimum Number of Plumbing Facilities The fixtures shown are based on one fixture being the minimum required for the number of persons indicated or any fraction of the number of persons indicated. The number of occupants shall be determined by the building code. Occupancy: Assembly. Restaurants Water Closets: Male: 1 per 75 Female: 1 per 75 Lavatories: 1 per 200 Drinking Fountains: 1 per 500 Others : 1 service sink Occupancies greater than 15 persons Including both staff and customers reau ire both male and female ADA restrooms. b) IPC2012 . §4 03.3.2-403.3.4 Location of Employee Toilet Facilities In Mercantile And Assembly Occupancies Employees shall be provided with toilet facilities in building and tenant spaces utilized as restaurants ... The employees' facilities shall be either separate facilities or combined employee and public customer facilities. The required toilet facilities shall be located not more than one story above or below the employee's regular work area and the path of travel to such facilities, in other than covered malls, shall not exceed a distance of 500 feet. The path of travel to required facilities in covered malls shall not exceed a distance of 300 feet. Toilet rooms shall not open directly into a room used for the preparation of food for service to the public. c) IPC201 2. §403 .6 Public Facilities Customers, patrons, and visitors shall be provided with public toilet facilities in structures and tenant spaces intended for public utilization. Public toilet facilities shall be located not more than one story above or below the space required to be provided with public toilet facilities and the path of travel to such facilities shall not exceed a distance of 500 feet. Exception : Public toilet facilities are not required within a food establishment where customers do not enter the structure or tenant space to order, pay for, and receive their food; and where food is not consumed within the facility. Examples include kiosks and other structures that are provided with a service window. IPC201 2, §403.3.2-403.3.4 Location of Employee Toilet Facilities In Mercantile And Assembly Occupa ncies Employees shall be provided with toilet facilities in building and tenant spaces utilized as restaurants ... The employees' facilities shall be either separate facilities or combined employee and public customer facilities. The required toilet facilities shall be located not more than one story above or below the employee's regular work area and the path of travel to such facilities, in other than covered malls, shall not exceed a distance of 500 feet. The path of travel to required facilities in covered malls shall not exceed a distance of 300 feet. Toilet rooms shall not open directly into a room used for the preparation of food for service to the public. IPC2012, §403.6 Public Facilities Customers, patrons, and visitors shall be provided with public toilet facilities in structures and tenant spaces intended for public utiliza"M. Public toilet facilities shall be located not more than one story above or below the space required to be provided with public toilet facilities and the path of travel to such facilities shall not exceed a distance 0< _.,..,feet. Exception: Public toilet facilities are not requ ired within a food establishment where customers do not enter the structure or tenant space to order, pay for, and receive their food; and where food is not consumed within the facility. Examples include kiosks and other structures that are provided with a service window. IPC2012, §403.2 Separate Facilities Where plumbing fixtures are required, separate facilities shall be provided for each sex. Exceptions: Separate facilities (for each sex) shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 15 or less. ATC Condition List Section 02 Page 6 of 16 Pages

Title 24 Page 1 of 17 TITLE 24 Professions and Occupations CHAPTER 3. ARCHITECTURE § 301 Objectives and functions. The primary objective of the Board of Architects, to which all other objectives and purposes are secondary, is to protect the general public (including those persons who are direct recipients of services regulated by this chapter) from unsafe practices, and from occupational practices which tend to reduce competition or fix the price of services rendered. The secondary objectives of the Board are to maintain minimum standards of architect competency, and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against architects regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against architects. 64 Del. Laws, c. 1, § 1; 68 Del. Laws, c. 144, § i.; § 302 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) "Architect" shall mean any person who engages in the practice of architecture as hereinafter defined. (2) The "Board" shall mean the Board of Architects established by§ 8735(a)(3) of Title 29 and this chapter. (3) "Certificate of registration" shall mean any document which indicates that a person is currently registered with the Board of Architects. (4) "Direct supervision" shall mean that degree of supervision by a person overseeing the work of another whereby the supervisor has both control over and detailed professional knowledge of the work prepared under the person's supervision. (5) "Practice of architecture" shall mean the rendering or offering to render those services, hereinafter described, in connection with the design and construction, enlargement or alteration of a structure or group of structures which have as their principal purpose human habitation or use, and the utilization of space within and http://delcode.delaware.gov/title24/c003/index.shtml 7/18/2014

Title 24 Page 2of17 surrounding such structures; the senrices referred to include planning, preparing studies, designs, drawings, specifications and other technical submissions and furnishing administration of construction contracts. (6) "Registered architect" shall mean an architect holding a current certificate of registration. (7) "Substantially related" means the nature of criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of architecture. (8) "Technical submissions" shall mean designs, drawings, specifications, studies and other technical reports prepared in the course of practicing architecture. 62 Del. Laws, c. 344, § 1; 64 Del. Laws, c. 1, § 1; 65 Del. Laws, c. 355, § 1; 68 Del. Laws, c. 144, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 262, § 9.; § 303 Registration to practice; construction of chapter. (a) The right to engage in the practice of architecture shall be deemed a personal right, based upon the qualifications of the individual as evidenced by a certificate of registration, which shall not be transferable. No person shall engage in the practice of architecture in this State or otherwise hold oneself out to the public as being an architect, or use in connection with the person's name, or otherwise assume, use or advertise any title or description intending to convey the impression that the person is an architect, unless such person has a certificate of registration. (b) The provisions of this chapter shall not be construed to prevent, nor to affect: (1) The preparation of technical submissions or the administration of construction contracts by an employee or subordinate of a person or organization lawfully engaged in the practice of architecture, providing such work is done under the direct responsibility and supenrision of such person or organization; (2) The practice of architecture by a person licensed in this State as a professional engineer, when such practice is incidental to what may be properly considered an engineering project; (3) The practice oflandscape architecture by a landscape architect, regardless of whether the practice of landscape architecture shall continue to be licensed under the Delaware Code; (4) A nonresident, who holds a certificate to practice architecture in the state in which the person resides, and/or in addition holds the certification issued by the National Council of Architectural Registration Boards, from agreeing to perform or holding the person's self out as able to perform any of the professional senrices involved in the practice of architecture; provided that the person shall not perform any of the professional senrices involved in the practice of architecture until registered as provided http://delcode.delaware.gov/title24/c003/index.shtml 7/18/2014

Title 24 Page 3of17 in subsection (a) of this section; and further provided that the person notifies the Board in writing if the person, prior to registration, engages in any of the activities permitted by this _paragraph; (5) Any of the activities that, apart from this exemption, would constitute the practice of architecture, if performed in connection with any of the following: a. Single and 2-family dwellings, and any sheds, storage buildings and garages incidental to such dwellings; b. Farm buildings, including barns, silos, sheds or housing for farm equipment and livestock, provided such structures are designed to be occupied by no more than 10 persons; or c. Any alteration, renovation or remodeling of a structure when such alteration, renovation or remodeling does not affect structural or other safety features of the structure and when the work contemplated by the design does not require the issuance of a permit under applicable building codes; (6) The preparation of submissions to architects by the manufacturer, supplier, installer, or others of any materials, components, or equipment incidental to the architect's design of the entire project that describe or illustrate the use of such items; (7) The preparation of any details or shop drawings required of the contractor by the terms of the construction documents; (8) The management of construction contracts by persons engaged in contracting work; (9) The preparation of technical submissions or the administration of construction contracts by persons acting under the responsible control of a registered architect; (10) Officers and employees of the United States of America from engaging in the practice of architecture as employees of said United States of America; (11) A person who holds the certification issued by the National Council of Architectural Registration Boards (NCARB) but who is not currently registered in the jurisdiction, from offering to provide the professional services involved in the practice of architecture, provided that the person shall not perform any of the professional services involved in the practice of architecture until registered as hereinbefore provided, and further provided that he or she notifies the Board in writing that: a. The person holds a NCARB certificate and is not currently registered in the jurisdiction, but will be present in Delaware for the purpose of offering to provide architectural services; b. The person will deliver a copy of the notice referred to in paragraph (b)(n)a. of this section to every potential client to whom the person offers to render architectural services; and http://delcode.delaware.gov/title24/c003/index.shtml 7118/2014