Attachment

CONSTRUCTION CODE APPEALS COMMITTEE AGENDA APRIL 2, 2014 - 3:30 P.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. Residential Code Violation Appeal - 908 Forest Street - Chapter 22 - Buildings and Building Regulations, Article III - Building Code, Section 22-61(b) International Residential Code Adopted, 2009 - Section R105 - Permits (Jesse Williamson) 2. Adjournment /js 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.

ARTICLE III. BUILDING CODE Page 1 of 4 Dover, Delaware, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 22 - BUILDINGS AND BUILDING REGULATIONS >> ARTICLE III. BUILDING CODE >> ARTICLE III. BUILDING CODE Sec. 22-61. Adopted. Sec. 22-62. Definitions. Sec. 22-63. Conflicting provisions. Sec. 22-64. Enforcement. Sec. 22-65. Permit fees. Secs. 22-66—22-100. Reserved. Sec. 22-61. Adopted. (a) International Building Code adopted. Certain documents, three copies of which are on file in the licensing and permitting office of the city, being marked and designated as "The International Building Code, 2009 Edition" as published by the International Code Council be and is hereby adopted as the Building Code of the City of Dover in the State of Delaware; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Building Code, are hereby referred to, adopted and made a part hereof as if fully set out in this section, with the additions, insertions, deletions and changes as follows: Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]" 105.2 Work exempt from permit. Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 square feet. 2. Oil derricks. 3. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade and not over any basement or story below. 4. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work. 5. Temporary motion picture, television and theater stage sets and scenery. 6. Prefabricated swimming pools accessory to a Group R-3 occupancy provided that the swimming pools are not designed to retain a depth of 24" (610 mm) or more, and do not exceed 5,000 gallons (18925L) and installed entirely above ground. 7. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 8. Swings and other playground equipment accessory to a one or two-family dwelling. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support of Group R-3 and U Occupancies. 9. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height. Section 105.5. Expiration. Insert the following text following the word "demonstrated" at the end of the section: "and does not exceed the 3 year time limit as stated in 105.5.2."; and insert the following subsections: 105.5.1. Time limitation of permit. A permit for any activity for which a permit is required shall be valid for 180 days from the date of issuance. One 180-day extension may be granted without additional charge to the permit holder. Additional 180-day extensions may be granted with payment of a renewal fee as specified in Appendix F: Fees and Fines. 105.5.2. Completion of construction. All construction for which a building permit is required must be completed and pass final inspection within three (3) years after issuance of the building permit. If not completed within three (3) years, a new building permit must be obtained and any associated fees paid incurred by the previous submission. SECTION 107 SUBMITTAL DOCUMENTS 107.1 Submittal documents. Insert: "Construction documents, statement of special inspections, structural observation programs and other data, for new construction, alterations, repairs, expansion, additions or modifications of buildings or structures, which involve the practice of architecture or engineering, as defined by the professional registration laws of the State of Delaware shall be prepared by a registered design professional consistent with the professional registration laws of the State of Delaware. Construction documents shall include the name, address and license or registration number of the registered design professional and shall be signed, sealed and dated by the registered design professional in accordance with the professional registration or licensing laws, statutes, regulations or administration provisions of the State of Delaware." in place of "Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statues of the jurisdiction in which the project is to be constructed." Section 108.3. 109.3 Insert: "see Section 22-65 Fees for permits" in place of "in accordance with the schedule as established by the applicable governing authority". New construction valuation will be confirmed using the most current ICC valuation chart information unless otherwise approved by the authority having jurisdiction. Section 113 BOARD OF APPEALS. See Chapter 22—Buildings and Building Regulations, Article I—In General, Sec. 22-1 Construction code appeals committee. http://library.municode.com/HTML/13910/level3/PTIICOOR_CH22BUBURE_ARTIIIBU... 3/26/2014

ARTICLE III. BUILDING CODE Page 2 of 4 Section 114.4 Violation Penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, places, alters, repairs, a building or structure in violation of the approved construction documents or directive of the building inspector, or of a permit or certificate issued under the provisions of this code shall be charged with a violation of this code and be guilty of a misdemeanor, punishable by a fine as provided for in Appendix F—Fees and Fines, or by imprisonment thirty (30) days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. Section 114.3 Unlawful continuance. Insert: "Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be charged with a violation of this section and shall be fined as provided for in Appendix F—Fees and Fines. Repeat offenders shall not receive warnings and shall instead be subject to progressively increasing fines as provided for in Appendix F—Fees and Fines. Each day that a violation continues shall be deemed a separate offense." in place of: "Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform a violation or unsafe condition, shall be subject to penalties as prescribed by law." Section 1612.3 Establishment of flood hazard areas. Insert "Kent County" in place of, "[INSERT NAME OF JURISDICTION]" and "May 5, 2003" in place of "[INSERT DATE OF ISSUANCE]" Section 3410.2 Applicability. Insert "April 4, 1984" in place of [DATE TO BE INSERTED BY THE JURISDICTION. NOTE: IT IS RECOMMENDED THAT THIS DATE COINCIDE WITH THE EFFECTIVE DATE OF BUILDING CODES WITHIN THE JURISDICTION]. (b) International Residential Code Adopted. That certain document, three copies of which are on file in the licensing and permitting office in the city, being marked and designated as the International Residential Code 2009 edition, as published by the International Code Council, be and is hereby adopted as the code of the city for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of building, mechanical, plumbing and electrical systems in the city and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such International Residential Code, as referenced in the building code adopted in subsection (a), published by the International Code Council, on file in the office of the city are hereby referred to, adopted and made a part hereof as if fully set out in this section. The following sections of the International Residential Code are hereby revised: Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]" Section R105.2. Work exempt from permit, Building - 1. Insert "120" in place of "200" . Delete numbers 2 through 5 in their entirety. Replace number 7 with the following: "Prefabricated swimming pools accessory to a Group R-3 occupancy provided that the swimming pools are not designed to retain a depth of 24" (610 mm) or more, and do not exceed 5,000 gallons (18925L) and installed entirely above ground. SECTION R106 CONSTRUCTION DOCUMENTS R106.1 Submittal documents. Insert: "Construction documents, statement of special inspections, structural observation programs and other data, for new construction, alterations, repairs, expansion, additions or modifications of buildings or structures, shall be submitted in 2 sets and as defined by the professional registration laws of the State of Delaware and be prepared by a registered design professional consistent with the professional registration laws of the State of Delaware. Construction documents shall include the name, address and license or registration number of the registered design professional and shall be signed, sealed and dated by the registered design professional in accordance with the professional registration or licensing laws, statutes, regulations or administration provisions of the State of Delaware." in place of "shall be prepared by a registered design professional where required by the statues of the jurisdiction in which the project is to be constructed". Where special conditions exist, the building official is authorized to require additional construction documents as described here. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. SECTION R108 FEES R108.2 Schedule of permit fees. Insert "see Section 22-65 Fees for permits " in place of "in accordance with the schedule as established by the applicable governing authority". SECTION R112 BOARD OF APPEALS See Chapter 22 - Buildings and Building Regulations, Article I - In General, Sec. 22-1 Construction code appeals committee. SECTION R113 VIOLATIONS Section 113.4 Violation Penalties. Insert "See Section 22-61 (a) Section 113.4 Violation Penalties" in place of "Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, places, alters, repairs, a building or structure in violation of the approved construction documents or directive of the building inspector, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law." SECTION R114 STOP WORK ORDER Section R114.2 Unlawful continuance. Insert: "See Section 22-61 (a) International Building Code, Section 114.3 Unlawful continuance" in place of "Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform a violation or unsafe condition, shall be subject to penalties as prescribed by law." TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA Ground Wind Design Seismic Subject to Damage From Winter Ice Barrier Flood Air Mean Snow Load Design Design Under- Hazards g Freezing Annual Speed d Topographic f Weathering Frost line Termite c layment Index ;sup\sup; Temperature Category a Temp e (mph) effects k Depth ;sup\sup; Required h j 25 95 gust NO A Severe 24" Moderate 14° NO May 5, 450 55° 77 fastest To Heavy 2003 http://library.municode.com/HTML/13910/level3/PTIICOOR_CH22BUBURE_ARTIIIBU... 3/26/2014

ARTICLE III. BUILDING CODE Page 3 of 4 Table R301.5 MINIMUM UNIFORMLY DISTRIBUTED LIVE LOADS. Insert the following at the end of footnote "c": Calculations demonstrating compliance with the minimum live load shall be provided by a registered design professional for stairs and fire escapes that do not have additional "stringer" or "carriage" support located and equally distributed in the middle section of the stair width. SECTION R313 AUTOMATIC FIRE SPRINKLER SYSTEMS—Delete this section in its entirety. CHAPTER 4 FOUNDATIONS SECTION R403 FOOTINGS R403.1.1 Minimum size. Insert "The minimum thickness of a footing shall be the nominal width of the wall but not less than 8 inches. The nominal width of the footings shall be twice the nominal thickness of the wall. Two story sections of a building shall have a minimum footing width of 24 inches and a minimum footing depth of 10 inches." in place of " Minimum sizes for concrete and masonry footings shall be as set forth in Table R403.1 and Figure R403.1(1). The footing width, W, shall be based on the load-bearing value of the soil in accordance with Table 401.4.1. Spread footings shall be at least 6 inches in thickness. Footing projections, P, shall be at least 2 inches and shall not exceed the thickness of the footing." Insert ", but in all cases shall be a minimum of 24 inches x 24 inches x 12 inches deep." at the end of the following sentence: "The size of footings supporting piers and columns shall be based on the tributary load and allowable soil pressure in accordance with Table 401.4.1." R403.1.2 Continuous footings in Seismic Design Categories D1 and D2. Delete in its entirety and Insert: R403.1.2 Footing reinforcement. Footings shall be reinforced with a minimum of two #4 rebar wired together with a minimum 15" overlap; pier footings with a minimum of two #4 rebar wired together in two directions, and column footings with three #4 rebar wired together in two directions. R403.1.3 Seismic reinforcing. Delete in its entirety R403.1.4 Minimum Depth. Insert "24" in place of "12". Amend R403.1.4.1 Frost protection—Exceptions to read: 1. Frost Protection of freestanding residential accessory / utility structures with an area of 240 square feet or less and an eave height of 10 feet or less, except for pole buildings and garages, shall not be required to be frost protected. Freestanding accessory structures (sheds) between 120 sf and 240 sf shall be secured with tie-downs or equivalent manufactured home fastening devices on each corner. Structures 20 feet or more in length shall have additional anchors attached in the center of each side unless frost protection applies as stated herein. All accessory / utility structures greater than 240 square feet, all pole buildings and all garages shall have frost protection (footings). 2. Decks not supported by a dwelling shall also be provided with footings that extend below the frost line. Single story supported in part by a dwelling and with 4" x 4" posts shall have footings that are a minimum of 8 inches in diameter; with 6" x 6" posts a minimum of 12" diameter is required; the bottom of all such footings shall be a minimum of 24" below finished grade and be at least 6" deep. Footings shall not bear on frozen soil unless such frozen condition is of a permanent character. (c) The ICC Performance Code for Buildings and Facilities. That certain documents, three copies of which are on file in the licensing and permitting office of the city, being marked and designated as "The ICC Performance Code for Buildings and Facilities 2009 Edition" as published by the International Code Council be and is hereby adopted as the Performance Code of the City of Dover in the State of Delaware for regulating and governing the performance-based design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of building and/or fire protection systems in the city. (d) The International Existing Building Code. That certain documents, three copies of which are on file in the licensing and permitting office of the city, being marked and designated as "The International Existing Building Code 2009 Edition" as published by the International Code Council be and is hereby adopted as the Existing Building Code of the City of Dover in the State of Delaware for regulating and governing the repair, alteration, change of occupancy, addition and relocation of existing buildings, including historic buildings, as herein provided. (e) The International Energy Conservation Code. That certain documents, three copies of which are on file in the licensing and permitting office of the city, being marked and designated as "The International Energy Conservation Code 2009 Edition" as published by the International Code Council be and is hereby adopted as the Energy Conservation Code of the City of Dover in the State of Delaware for regulating and governing energy efficient building envelopes and installation of energy efficient mechanical, lighting and power systems as herein provided. (Code 1968, § 9-1; Code 1981, § 5-16; Ord. of 4-9-1984, § 1; Ord. of 3-11-1991; Ord. of 4-25-1994; Ord. of 9-11-1995; Ord. of 1-27-1997; Ord. of 3-13-2000; Ord. of 4-11- 2005(2); Ord. of 4-11-2005(3) ; Ord. of 4-14-2008; Ord. No. 2009-09, 6-22-2009; Ord. No. 2010-02, 5-10-2010) Sec. 22-62. Definitions. (a) Whenever the term "municipality" or "city" is used in the publications adopted by reference in this article, it shall be construed to mean the City of Dover, Delaware. (b) Whenever the term "corporation council" or "city attorney" is used in the publications adopted by reference in this article, it shall be construed to mean the city solicitor. (c) Whenever in the publications adopted by reference in this article a term is used which is also defined in the city's zoning ordinance as set forth in appendix B to this Code, such term shall have the meaning provided in such appendix B. (Code 1968, § 9-3; Code 1981, § 5-17) Sec. 22-63. Conflicting provisions. In the event of any conflict between the provisions of the publications adopted by reference in this article and applicable provisions of state law, this Code or any other ordinance, rule or regulation, the provisions of state law, this Code, or such other ordinance, rule or regulation shall prevail and be controlling. (Code 1981, § 5-18) http://library.municode.com/HTML/13910/level3/PTIICOOR_CH22BUBURE_ARTIIIBU... 3/26/2014

ARTICLE III. BUILDING CODE Page 4 of 4 Sec. 22-64. Enforcement. The building inspector shall enforce the provisions of this article. (Code 1968, § 2-75; Code 1981, § 5-19) Charter reference— Power of city to appoint building inspector and prescribe his powers and duties, subpart A, § 22. Sec. 22-65. Permit fees. (a) [Fees.] Before any permit shall be issued for buildings, fences, signs, swimming pools, demolitions, moving, or construction plan reviews, a fee shall be paid unto the city as provided for in Appendix F—Fees and Fines. (b) Reinspections. There will be no charge for the first reinspection of a permit. For subsequent reinspections the applicant shall pay a fee as provided for in Appendix F. (c) Doubling fees. Fees for building, fence, sign, swimming pool, demolition, or moving permits shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. The building inspector may waive the doubling of fees in cases where the building permit applicant is not a professional contractor, and the work is not being done by a professional contractor. (Code 1981, § 5-21; Ord. of 6-28-1982, § 1; Ord. of 4-13-1987; Ord. of 11-22-1993; Ord. of 4-25-1994; Ord. of 9-11-1995; Ord. of 6-28-2004(2); Ord. No. 2009-09, 6-22- 2009) Secs. 22-66—22-100. Reserved. http://library.municode.com/HTML/13910/level3/PTIICOOR_CH22BUBURE_ARTIIIBU... 3/26/2014