CPMCBA Packet - REVISED
Construction and Property Maintenance Code Board of Appeals. Mar 9, 2022.
This text was pulled from the PDF automatically and may contain mistakes. The PDF is the official record, so check it before relying on this.
18 pages have little or no readable text here, often scans or drawings. See the PDF for those.
Page 1
CITY OF DOVER, DELAWARE
CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF
APPEALS
Wednesday, March 09, 2022 at 4:30 PM
City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware
THIS AGENDA HAS BEEN REVISED TO REFLECT THE TIME CHANGE TO 4:30 P.M.
AGENDA
VIRTUAL MEETING NOTICE
This meeting will be held in- person with electronic access via WebEx. Public participation
information is as follows:
Dial: 1-408-418-9388
Link: https://rb.gy/dssqtg
Event number: 2347 036 0617
Event password: DOVER (if needed)
If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting
starts.
CALL TO ORDER
ADOPTION OF AGENDA
1. PROPERTY MAINTENANCE CODE VIOLATION: 2009 International Property
Maintenance Code - (Chapter 3 - General Requirements, Section 302.1 - Sanitation, 302.7
- Accessory Structures, 304.7 - Roofs and Drainage, 304.13 - Window, Skylight, and Door
Frames, 304.13.1 - Glazing, 304.14 - Insect Screens, 304.15 - Doors, 305.1 - General, 305.3
- Interior Surfaces, 305.6 - Interior Doors, 309.1 – Infestation, Chapter 6 - Mechanical
and Electrical Requirements, Section 604.3 - Electrical System Hazards, 605.1 -
Installation, Chapter 7 - Fire Safety Requirements, Section 704.2 Smoke Alarms) - Appeal
of Violation - 325 Cold Spring Place (Greg Coury)
2. PROPERTY MAINTENANCE CODE VIOLATION: 2009 International Property
Maintenance Code - (Chapter 3 - General Requirements, Section 304.15 - Doors, 305.1 -
General, 305.3 - Interior Surfaces, 305.6 - Interior Doors, Chapter 5 - Plumbing Facilities
and Fixture Requirements, Section 504.1 - General, Chapter 7 - Fire Safety
Requirements, Section 704.2 - Smoke Alarms) (Dover Code of Ordinances Chapter 106 -
Traffic and Vehicles, Section 106-130 - Wrecked, Nonoperating, or improperly parked or
equipped vehicles - (b) - Leaving vehicles on property) - Appeal of Violation - 44 Acacia
Place (Greg Coury)
1
Page 2
CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS - March 09, 2022 PAGE 2
ADJOURNMENT
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO
29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION
OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE
TIME OF THE MEETING
2
Page 3
Item 1.
CHAPTER 3
GENERAL REQUIREMENTS
SECTION 301 property in violation and cut and destroy the weeds growing
GENERAL thereon, and the costs of such removal shall be paid by the
owner or agent responsible for the property.
301.1 Scope. The provisions of this chapter shall govern the
minimum conditions and the responsibilities of persons for 302.5 Roden ra e. All structures and exterior property
maintenance of structures, equipment and exterior property. shall be kept free from rodent harborage and infestation. Where
rodents are found, they shall be promptly exterminated by
301.2 Responsibility. The owner of the premises shall main- approved processes which will not be injurious to human
tain the structures and exterior property in compliance with health. After extermination, proper precautions shall be taken
these requirements, except as otherwise provided for in this to eliminate rodent harborage and prevent reinfestation.
code. A person shall not occupy as owner-occupant or permit
another person to occupy premises which are not in a sanitary x aust vents. Pipes, ducts, conductors, fans or blowers
and safe condition and which do not comply with the require- shall not aischarge gases, steam, vapor, hot air, grease, smoke,
ments of this chapter. Occupants of a dwelling unit, rooming odors or other gaseous or particulate wastes directly upon abut-
unit or housekeeping unit are responsible for keeping in a ting or adjacent public or private property or that of another ten-
clean, sanitary and safe condition that part of the dwelling unit, _ ••a,.nOliit:...
----------------------~
rooming unit, housekeeping unit or premises which they
occupy and control.
301.3 Vacant structures and land. All vacant structures and
premises thereof or vacant land shall be maintained in a clean, ~~~~=:",:,;~~&,,-!--xcept as provided for in other regula-
safe, secure and sanitary condition as provided herein so as not tions, no inoperative or unlicensed motor vehicle shall be
to cause a blighting problem or adversely affect the public parked, kept or stored on any premises, and no vehicle shall at
health or safety. any time be in a state of major disassembly, disrepair, or in the
process of being stripped or dismantled. Painting of vehicles is
prohibited unless conducted inside an approved spray booth.
D!>:~j~iqti~ A vehicle of any type is permitted to undergo
major overhaul, including body work, provided that such
work is performed inside a structure or similarly enclosed
area designed and approved for such purposes .
•9 Defacement f ro No person shall willfully or
wantonly damage, mutilate or deface any exterior surface of
......::~~~ra..,...w.gdraina. All premises shall be graded any structure or building on any private or public property by
and maintained to prevent the erosion of soil and to prevent the placing thereon any marking, carving or graffiti.
accumulation of stagnant water thereon, or within any structure
It shall be the responsibility of the owner to restore said sur-
located thereon.
face to an approved state of maintenance and repair.
Exception: Approved retention areas and reservoirs.
idewal s anel ilnvewa . All sidewalks, walkways,
stairs, driveways, parking spaces and similar areas shall be kept SECTION 303
in a proper state of repair, and maintained free from hazardous SWIMMING POOLS, SPAS AND HOT TUBS
conditions. 303.1 Swimming pools. Swimming pools shall be maintained
W!lM,~w;~r!iAll premises and exterior property shall be main- in a clean and sanitary condition, and in good repair.
tained free from weeds or plant growth in excess of (jurisdic- 303.2 Enclosures. Private swimming pools, hot tubs and spas,
tion to insert height in inches). All noxious weeds shall be containing water more than 24 inches (610 mm) in depth shall
prohibited. Weeds shall be defined as all grasses, annual plants be completely surrounded by a fence or barrier at least 48
and vegetation, other than trees or shrubs provided; however, inches (1219 mm) in height above the finished ground level
this term shall not include cultivated flowers and gardens. measured on the side of the barrier away from the pool. Gates
Upon failure of the owner or agent having charge of a prop- and doors in such ban:iers shall be self-closing and self-latch-
erty to cut and destroy weeds after service of a notice of viola- ing. Where the self;·latching device is less than 54 inches (1372
tion, they shall be subject to prosecution in accordance with mm) above the bottom of the gate, the release mechanism shall
Section 106.3 and as prescribed by the authority having juris- be located on the pool side of the gate. Self-closing and self-
diction. Upon failure to comply with the notice of violation, latching gates shall be maintained such that the gate will posi-
any duly authorized employee of the jurisdiction or contractor tively close and latch when released from an open position of 6
hired by the jurisdiction shall be authorized to enter upon the inches (152 mm) from the gatepost. No existing pool enclosure
11 3
2009 INTERNATIONAL PROPERTY MAINTENANCE CODE®
Page 4
GENERAL REQUIREMENTS
Item 1.
kept in such condition so as to prevent the entry of rodents and mesh per 25 mm), and every screen door used for insect con
shall have a self-closing device in good working condition.
other pests.
. ....".~=!ljls:u.All exterior walls shall be free from
~~!!:~S:Screens shall not be required where other
approve means, such as air curtains or insect repellent fans,
holes, breaks, and loose or rotting materials; and maintained
weatherproof and properly surface coated where required to are emplo ed.
prevent deterioration. =~!Io"'-K.1I:x..rs-=
All exterior doors, door assemblies and hard-
ware shall be maintained in good condition. Locks at all en-
The roof and flashing shall be
trances to dwelling units and sleeping units shall tightly secure
sound, tight and not have defects that admit rain. Roof drainage
the door. Locks on means of egress doors shall be in accor-
shall be adequate to prevent dampness or deterioration in the
dance with Section 702.3.
walls or interior portion of the structure. Roof drains, gutters
and downspouts shall be maintained in good repair and free Every basement hatchway shall
from obstructions. Roof water shall not be discharged in a man- be maintained to prevent the entrance of rodents, rain and sur-
ner that creates a public nuisance. face drainage water.
ve ea ure . All cornices, belt courses, corbels, ~S:iin;;;;;;b;:fucli;SmteiiiGwill!iin~o!!w~siN. very basement win-
terra cotta trim, wall facings and similar decorative features dow that is open able shall be supplied with rodent shields,
shall be maintained in good repair with proper anchorage and storm windows or other approved protection against the entry
in a safe condition. of rodents.
U t Doors, windows or hatchways for
~::";;::;;";;;;';';::':~fJ!>_""x'"'te=n::::si~o="All
overhang extensions includ- dwelling units, room units or housekeeping units shall be pro-
ing, but not limited to canopies, marquees, signs, metal awn-
vided with devices designed to provide security for the occu-
ings, fire escapes, standpipes and exhaust ducts shall be
maintained in good repair and be properly anchored so as to be pants and property within.
kept in a sound condition. When required, all exposed surfaces ~ ••••••
~.:..:~"'" . Doors providing access to a dwelling unit,
of metal or wood shall be protected from the elements and rooming unit or housekeeping unit that is rented, leased or
against decay or rust by periodic application of weather-coat- let shall be fl . .
ing materials, such as paint or similar surface treatment. flif
Ilm~'ct:f:,iih!2UJIrth:Ml~rt:fi~I~rs;.;spe:cia e af e ar.t
and shall have a lock throw of not less than I inch (25 mm).
Such deadbolt locks shall be installed according to the man-
ufacturer's specifications and maintained in good working
order. For the purpose of this section, a sliding bolt shall not
be considered an acceptable deadbolt lock .
. 1Chimneys anil wers All chimneys, cooling towers,
smoke stacks, an SImilar appurtenances shall be maintained
~~==-~l=~.....
Operable windows located in whole or
in part within 6 feet (1828 mm) above ground level or a
structurally safe and sound, and in good repair. All exposed walking surface below that provide access to a dwelling
surfaces of metal or wood shall be protected from the elements unit, rooming unit or housekeeping unit that is rented, leased
and against decay or rust by periodic application of weather- or let shall be equipped with a window sash locking device.
coating materials, such as paint or similar surface treatment.
asement-,.a I Basement hatchways that
provide access to a dwelling unit, rooming unit or house-
keeping unit that is rented, leased or let shall blYequipped
with devices that secure the units from unaufhorized entry.
SECTION 305
RIQR STRUCTURE
nera The interior of a structure and equipment
1"- ••••.. -..,...-.--
therein s all oe maintained in good repair, structurally sound
and in a sanitary condition. Occupants shall keep that part of
the structure which they occupy or control in a clean and sani-
tary condition. Every owner of a structure containing a room-
ing house, housekeeping units, a hotel, a dormitory, two or
.111 nsect sere During the period from [DATE] to more dwelling units 9r two or more nonresidential occupan-
[DATE], every door, window and other outside opening required cies, shall maintain, in a clean and sanitary condition, the
for ventilation of habitable rooms, food preparation areas, food
service areas or any areas where products to be included or uti-
lized in food for human consumption are processed, manufac-
tured, packaged or stored shall be supplied with approved
shared or publi,c areas of the structure and exterior property.
5.1.1 nsafe conCltion Teo owmg conditions shall
be determined as unsafe an shall be repaired or replaced to
I
tightly fitting screens of not less than 16 mesh per inch (16 comply with the International Building Code or the Inter-
134
2009 INTERNATIONAL PROPERTY MAINTENANCE CODE®
Page 5
Item 1.
GENERAL REQUIREMENTS
national Existing Building Code as reql!ired for existing SECTION 306
buildings: . COMPONENT SERVICEABILITY
~he nominal strength of any structural member is 306.1. General. The components of a structure and equipment
~;xceeded by nominal loads, the load effects or the therein shall be maintained in good repair, structurally sound
required strength; and in a sanitary condition.
~the anchorage of the floor or roof to walls or col- 306.1.1 Unsafe conditions. Where any of the following
\.}umns, and of walls and columns to foundations is not conditions cause the component or system to be beyond its
capable of resisting all nominal loads or load effects; limit state, the component or system shall be determined as
unsafe and shall be repaired or replaced to comply with the
Structures or components thereof that have reached International Building Code as required for existing build-
their limit state; ings:
4. 'Structural members are incapable of supporting nom- 1. Soils that have been subjected to any of the following
inalloads and load effects; conditions:
Stairs, landings, balconies and all similar walking 1.1. Collapse of footing or foundation system;
surfaces, including guards and handrails, are not
1.2. Damage to footing, foundation, concrete or
structurally sound, not properly anchored or are
other structural element due to soil expan-
anchored with connections not capable of supporting
sion;
all nominal loads and resisting all load effects;
1.3. Adverse effects to the design strength of
oundation systems that are not firmly supported by
footing, foundation, concrete or other struc-
footings are not plumb and free from open cracks and
tural element due to a chemical reaction
breaks, are not properly anchored or are not capable
from the soil;
of supporting all nominal loads and resisting all load
effects. 1.4. Inadequate soil as determined by a geotech-
nical investigation;
1.5. Where the allowable bearing capacity of the
substantiated otherwise by an soil is in doubt; or
approved method. .6. Adverse effects to the footing, foundation,
Demolition of unsafe conditions shall be per- concrete or other structural element due to
mitted when approved by the code official. the ground water table.
2. Concrete that has been subjected to any of the follow-
ing conditions:
maintained structurally sound, and be capable of supporting
the imposed loads. 2.1. Deterioration;
2.2. Ultimate deformation;
""-__ •.•.••
:...:;:~=.:;::IAll interior surfaces, including win-
dows and doors, shall be maintained in good, clean and sanitary 2.3. Fractures;
condition. Peeling, chipping, flaking or abraded paint shall be 2.4. Fissures;
repaired, removed or covered. Cracked or loose plaster,
decayed wood and other defective surface conditions shall be 2.5. Spalling;
corrected. 2.6. Exposed reinforcement; or
2.7. Detached, dislodged or failing connections.
3. Aluminum that has been subjected to any of the 01-
lowing conditions:
3.1. Deterioration;
3.2. Corrosion;
3.3. Elastic deformation;
t • r oors. Every interior door shall fit reasonably 3.4. Ultimate deformation;
well within its frame and shall be capable of being opened and 3.5. Stress or strain cracks;
closed by being properly and securely attached to jambs, head-
3.6. Joint fatigue; or
ers or tracks as intended by the manufacturer of the attachment
hardware. 3.7. Detached, dislodged or failing connections.
5
14 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE®
Page 6
GENERAL REQUIREMENTSItem 1.
I
4. Masonry that has been subjected to any of the follow- 30 inches (762 mm) high above the floor of the landing, bal-
ing conditions: cony, porch, deck, or ramp or other walking surface.
4.1. Deterioration; Exception: Guards shall not be required where exempted
by the adopted building code.
4.2. Ultimate deformation;
4.3. Fractures in masonry or mortar joints;
4.4. Fissures in masonry or mortar joints;
4.5. Spalling;
4.6. Exposed reinforcement; or
4.7. Detached, dislodged or failing connections.
5. Steel that has been subjected to any of the following ~~""",,~~~~o~f~ru=b;:;:b::is~.
Every occupant of a structure shall
conditions: dispose of all rubbish in a clean and sanitary manner by placing
such rubbish in approved containers.
5.1. Deterioration;
o ag f ·Iilies. Til owner of every
5.2. Elastic deformation; occupied premises shall supply approved covered contain-
5.3. Ultimate deformation; ers for rubbish, and the owner of the premises shall b..,.e _
responsible for the removal of rubbish. (
5.4. Metal fatigue; or
e ri rators. efrigerators and similar equ~ __ .....;.9;;.
5.5. Detached, dislodged or failing connections.
--m-e-n"'!'t-n-o~t
in operation shall not be discarded, abandoned or
6. Wood that has been subjected to any of the following stored on premises without first removing the doors.
conditions:
Ioo..;===-=~==--<~f,
~r a e. Every occupant of a structure shall
6.1. Ultimate deformation; dispose of garbage in a clean and sanitary manner by placing
6.2. Deterioration; such garbage in an approved garbage disposal facility or
approved garbage containers.
6.3. Damage from insects, rodents and other ver-
mm; OS.3.1 Gartiage raci ties. he owner of every dwelling
shall supp y one of the following: an approved mechanical
6.4. Fire damage beyond charring; food waste grinder in each dwelling unit; an approved incin-
6.5. Significant splits and checks; erator unit in the structure available to the occupants in each
dwelling unit; or an approved leakproof, covered, outside
6.6, Horizontal shear cracks;
garbage container.
6.7. Vertical shear cracks;
308.3.2 Con ·ners. he operator of every establishment
6.8. Inadequate support; producing garbage shall provide, and at all times cause to be
6.9. Detached, dislodged or failing connections; utilized, approved leakproof containers provided with
or close-fitting covers for the storage of such materials until
removed from the premises for disposal.
6.10. Excessive cutting and notching.
Exceptions:
1. When substantiated otherwise by an approved
method.
II structures shall be kept free froin insect
2. Demolition of unsafe conditions shall be per- and rodent infestation. All structures in which'insects or
mitted when approved by the code official. rodents are found shall be promptly exterminated by approved
processes that will not be injurious to human health. After
extermination, proper precautions shall be taken to prevent
reinfestation .
.2..Qwne .uhe owner of any structure shall be responsible
,..,;;;..;;..;..;
•••• •••••
__ ..-very exterior and interior flight of stairs hav- for extermination within the structure prior to renting or leasing
ing more than four risers shall have a handrail on one side of the the structure.
stair and every open portion of a stair, landing, balcony, porch,
deck, ramp or other walking surface which is more than 30
inches (762 rum) above the floor or grade below shall have
guards. Handrails shall not be less than 30 inches (762 mm)
I
high or more than 42 inches (1067 mm) high measured verti-
cally above the nosing of the tread or above the finished floor of
the landing or walking surfaces. Guards shall not be less than
15
6
2009 INTERNATIONAL PROPERTY MAINTENANCE CODE®
Page 7
Item 1.
MECHANICAL AND ELECTRICAL REQUIREMENTS
18. Electronic control, signaling and communica-
facilities in accordance with NFPA 70. Dwklling units shall be
tion equipment.
served by a three-wire, 120/240 volt, -single-phase electrical
-
.
service having a carini? of not less than 60 amperes .
I trica s stem hazard . Where it is found that the
>
electri9al system in a structure constitutes a hazard to the occu-
pants or the structure by reason of inadequate service,
improper fusing, insufficient receptacle and lighting outlets, lecmc 1 e ui me t. Electrical switches,
improper wiring or installation, deterioration or damage, or for receptacles and fixtures, including furnace, water heat-
similar reasons, the code official shall require the defects to be ing, security system and power distribution circuits, that
corrected to eliminate the hazard. have been exposed to fire, shall be replaced in accor-
dance with the provisions of the International Building
Code.
Exception: Electrical switches, receptacles and fix-
tures that shall be allowed to be repaired where an
inspection report from the equipment manufacturer or
eg i ment. Electrical distribution
approved manufacturer's representative indicates that
eqUipment, motor circuits, power equipment, transform- the equipment has not sustained damage that requires
ers, wire, cable, flexible cords, wiring devices, ground
replacement.
fault circuit interrupters, surge protectors, molded case
circuit breakers, low-voltage fuses, luminaires, ballasts,
motors and electronic control, signaling and communi-
cation equipment that have been exposed to water shall
be replaced in accordance with the provisions of the
International Building Code.
T
-.
. All electrical equipment, wiring and appli-
Exception: The following equipment shall be ance a11 e properly installed and maintained in a safe and
allowed to be repaired where an inspection report approved manner.
from the equipment manufacturer or approved manu- riUlAaiiiiiliCtes .. Every habitable space in a dwelling shall
facturer's representative indicates that the equipment co tain at least wo separate and remote receptacle outlets.
has not sustained damage that requires replacement: Every laundry area shall contain at least one grounded-type
1. Enclosed switches, rated 600 volts or less; receptacle or a receptacle with a ground fault circuit inter-
rupter. Every bathroom shall contain at least one receptacle.
2. Busway, rated 600 volts or less; Any new bathroom receptacle outlet shall have ground fault
3. Panelboards, rated 600 volts or less; circuit interrupter protection.
4. Switchboards, rated 600 volts or less; 5.3 LuminaiFes. Every public hall, interior stairway, toilet
5. Fire pump controllers, rated 600 volts or less; room, 'tchen, bathroom, laundry room, boiler room and fur-
nace room shall contain at least one electric luminaire.
6. Manual and magnetic motor controllers;
7. Motor control centers;
8. Alternating current high-voltage circuit
breakers;
9. Low-voltage power circuit breakers; General. Elevators, dumbwaiters and escalators shall be
maintaine 10 compliance with AS ME A 17.1. The most cur-
10. Protective relays, meters and current trans- rent certificate of inspection shall be on display at all times
formers; within the elevator or attached to the escalator or dumbwaiter,
II. Low- and medium-voltage switchgear; be available for public inspection in the office of the building
operator or be posted in a publicly conspicuous location
12. Liquid-filled transformers;
approved by the code official. The inspection and tests shall be
13. Cast-resin transformers; performed at not less than the periodic intervals listed in ASME
14. Wire or cable that is suitable for wet locations A 17.1, Appendix N, except where otherwise specified by the
and whose ends have not been exposed to wa- authority having jurisdiction.
ter; ~=.2,!!-,,",le¥ators. In buildings equipped with passenger eleva-
15. Wire or cable, not containing fillers, that is tors, at least one elevator shall be maintained in operation at all
suitable for wet locations and whose ends times when the building is occupied.
have not been exposed to water; Exception: Buildings equipped with only one elevator shall
16. Luminaires that are listed as submersible; be permitted to have the elevator temporarily out of service
for testing or servicing. 7
17. Motors;
2009 INTERNATIONAL PROPERTY MAINTENANCE CODE®
??
Page 8
/
Item 1.
CHAPTER 7
FIRE SAFETY REQUIREMENTS
IIsystems, devices and equipment to detect a
e. The provisions of this chapter shall govern the fire, actuate an alarm, or suppress or control a fire or any com-
minimum conditions and standards for fire safety relating to bination thereof shall be maintained in an operable condition at
structures and exterior premises, including fire safety facilities all times in accordance with the International Fire Code.
and equipment to be provided.
~_"U,""'L .••,es s·b·li. he owner of the premises shall provide
and maintain such fire safety facilities and equipment in com-
pliance with these requirements. A person shall not occupy as
owner-occupant or permit another person to occupy any pre- mo e alarms. ingle- or multiple-station smoke
mises that do not comply with the requirements of this chapter. alarms shall be installed and maintained in Groups R-2, R-3, Roo
4 and in dwellings not regulated in Group R occupancies,
regardless of occupant load at all of the following locations:
1. On the ceiling or wall outside of each separate sleeping
area in the immediate vicinity of bedrooms.
safe, continuous and unobstructed path of
2. In each room used for sleeping purposes.
travel shall be provided from any point in a building or struc-
ture to the public way. Means of egress shall comply with the 3. In each story within a dwelling unit, including basements
International Fire Code. and cellars but not including crawl spaces and uninhabit-
able attics. In dwellings or dwelling units with split levels
......,
.....
~==__"e required width of aisles in accordance with and without an intervening door between the adjacent
the International Fire Code shall be unobstructed. levels, a smoke alarm installed on the upper level shall
"""-l!!MI:~~~!I.M.!~r.ol!s.w:All
means of egress doors shall be readily suffice for the adjacent lower level provided that the
openable from the side from which egress is to be made without lower level is less than one full story below the upper
the need for keys, special knowledge or effort, except where the level.
door hardware conforms to that permitted by the International
Building Code.
mergenc esca~ 0 nings. Required emergency
"~""_"',"",-,I<ll."",-=uif1rc~e:J.
In Group R occupancies and in dwellings
escape openings shall e maintained in accordance with the
not regulated as Group R occupancies, single-station smoke
code in effect at the time of construction, and the following.
alarms shall receive their primary power from the building wir-
Required emergency escape and rescue openings shall be oper-
ing provided that such wiring is served from a commercial
ational from the inside of the room without the use of keys or
source and shall be equipped with a battery backup. Smoke
tools. Bars, grilles, grates or similar devices are permitted to be
alarms shall emit a signal when the batteries are low. Wiring
placed over emergency escape and rescue openings provided
shall be permanent and without a disconnecting switch other
the minimum net clear opening size complies with the code that
than as required for overcurrent protection. ,.
was in effect at the time of construction and such devices shall
be releasable or removable from the inside without the use of a xce tio : Smoke alarms are permitted to be s.olely battery
key, tool or force greater than that which is required for normal operated in buildings where no construction is taking place,
operation of the escape and rescue opening. buildings that are not served from a commercial power
source and in existing areas of buildings undergoing alter-
ations or repairs that do not result in the removal of interior
wall or ceiling finishes exposing the structure, unless there
is an attic, crawl space or basement available which could
provide access for building wiring without the removal of
interior finishes.
ec~on. Where more than one smoke alarm is
reqUlrea to oe instailed within an individual dwelling unit in
Group R-2, ~-3, R-4 and in dwellings not regulated as Group R
occupancies~ the smoke alarms shall be interconnected in such
a manner that the activation of one alarm will activate all of the
alarms in the individual unit. The alarm shall be clearly audible
25 8
2009 INTERNATIONAL PROPERTY MAINTENANCE CODE®
Page 9
Item 1.
([itp of 11Bober
March 02, 2022
Rosica Properties LLC & Kimberly S. Coury
48 S Stetson Lane
Camden Wyoming, De 19934
Re: Appeal of Case #22-00000319 - Inspections done on January 27, 2022 - 325 Cold Spring Place
Mr. Coury:
I have received your request to appeal the violations related to the inspection done on January 27,2022 of 325 Cold
Spring Place in accordance with the 2009 International Property Maintenance Code - Chapter 3 - General Requirements,
Section 302.1 - Sanitation, 302.7 - Accessory Structures, 304.7 - Roofs and Drainage, 304. I 3 - Window, Skylight, and
Door Frames, 304.13.1 - Glazing, 304.14 - Insect Screens, 304.15 - Doors, 305.1 - General, 305.3 - Interior Surfaces,
305.6 - Interior Doors, 309. I - Infestation, Chapter 6 - Mechanical and Electrical Requirements, Section 604.3 -
Electrical System Hazards, 605.1 - Installation, Chapter 7 - Fire Safety Requirements, Section 704.2 Smoke Alarms.
A meeting of the Construction and Property Maintenance Code Board of Appeals has been scheduled for Wednesday,
March 09, 2022 at 3:00 p.m. to hear your appeal. This meeting will be held in the City Hall Conference Room,
IS Loockerman Plaza, Dover, DE 1990 I with electronic access via WebEx, which may be accessed through a computer,
smart phone, or through a telephone call. Below r have listed the information needed to access the meeting
electronically. If you have any additional documentation that you would like the Board to review when considering your
appeal, please provide this information to the City Clerk's Office prior to the appeal hearing.
Please feel free to contact me by email atcityclerk@dover.de.us or by phone at (302) 736-7008 if you have any
questions or concerns.
Dial: 1-408-418-9388
Link: https://rh.gy/dssqtg
Event Number/Access Code: 2347 036 0617
Event Password: DOVER
Sincerely,
f__~Rachel Engle
ZvU-
Assistant City Clerk
REI
S:IAPPEALS\2022114. 325 Cold Spring Place - Annual Housing Inspection - Greg CourylReceipt of Appeal - Annual Housing Inspection - 325 Cold Spring Place.wpd
cc: Nicholas Rodriguez, City Solicitor
Gary Junge, Deputy City Solicitor
Dawn Melson - Williams, Director of Planning and Community Development
Eddie Kopp, Chief Code Enforcement Officer
John England, Code Enforcement Officer
P.O. Box 475·:· Dover, Delaware ·:·19903 9
([ommullitp QlxceUence WbrOllnb ~llalitp ~erbice
Page 10
Item 1.
From: Greg Coury
To: Rivera, Arielle M
Subject: EXTERNAL: Notice of Appeal, 22-00000319
Date: Thursday, February 24, 2022 1:59:03 PM
WARNING: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Ms. Rivera,
Please accept this as the Notice of Appeal for Case #22-00000319. As with the
previous case, I would also like to request an in person hearing.
Please contact me with any questions.
Thanks
Greg
10
Page 11
Item 1.
Division of
Code Enforcement
QCitp of moller
15 Loockerman Plaza Phone: (302) 73 6- 70 I 1
Dover, DE 19901 Fax: (302) 736-4217
January 27, 2022
ROSICA PROPERTIES LLC & KIMBERLY S COURY
48 S STETSON LN
CAMDEN WYOMING DE 19934
RE: Property address: 325 COLD SPRING PL
Tax Parcel Number: ED-05-076.06-02-700.000-000
Case Number: 22-00000319
Dear Sir/Madam:
On January 27, 2022, Code Enforcement Officer Velvet Johnson with the City of
Dover, Department of Inspections conducted an inspection at 325 COLD SPRING
PL.
Attached are the Code violations found during the inspection.
A follow up inspection must be conducted by February 28, 2022, to ensure
compliance.
Please contact this office with a date and time convenient for you to conduct
the re-inspection. You are not required to contact this office if the re-
inspection is for an exterior violation. If you have any questions or would
like to schedule your inspection or appeal this notice, please contact me at
(302) 736-7011.
If a Citation is enclosed, it must be paid for within 14 days of issued date
or it automatically doubles.
Sincerely,
Code Enforcement Officer
cc: File
QCommunitp ~X(dl£nc£ mbrou{!b l!aualitp ~rrbi(r 11
Page 12
VIOLATION DETAIL PAGE 1
Item 1.
CASE NUMBER 22-00000319
PROPERTY ADDRESS 325 COLD SPRING PL
VIOLATION: 700 QUANTITY: 1
DESCRIPTION: 700 CLEAN INTERIOR THROUGHOUT DATE: 1/27/22
LOCATION: INTERIOR
NARRATIVE
Clean and sanitize the interior to deter rodents.
ORDINANCE DESCRIPTION :
SECTION PM 305.1 GENERAL REQUIREMENTS/SANITATION
CORRECTIVE ACTION REQUIRED :
CLEAN INTERIOR THROUGHOUT
VIOLATION: 704 QUANTITY: 1
DESCRIPTION: 704 EXTERMINATE RODENTS DATE: 1/27/22
LOCATION: INTERIOR
NARRATIVE :
Exterminate for the mice. There is significant evidence that
they have been in the kitchen between cabinets and behind
the stove.
ORDINANCE DESCRIPTION
SECTION PM 309.1 INFESTATION
CORRECTIVE ACTION REQUIRED :
EXTERMINATE RODENTS FROM INTERIOR/EXTERIOR OF PROPERTY
VIOLATION: 717 QUANTITY: 1
DESCRIPTION: 717 RMV JUNK AND DEBRIS DATE: 1/27/22
LOCATION: EXTERIOR
NARRATIVE :
Remove and properly dispose of all junk, debris, and trash
in the rear yard.
ORDINANCE DESCRIPTION
SECTION PM 302.1 Sanitation Exterior property and premises
shall be maintained in a clean, safe and sanitary condition.
The occupant shall keep that part of the exterior property
that such occupant occupies or controls in a clean and
sanitary condition.
CORRECTIVE ACTION REQUIRED
Remove and properly dispose of all garbage, trash, junk
and/or debris from exterior areas.
VIOLATION: 362 QUANTITY: 1
DESCRIPTION: 362 REPAIR/REPLACE DOOR DATE: 1/27/22
LOCATION: MASTER
NARRATIVE : CONTINUED
12
Page 13
VIOLATION DETAIL PAGE 2
Item 1.
CASE NUMBER 22-00000319
PROPERTY ADDRESS 325 COLD SPRING PL
NARRATIVE :
Repair/replace the damaged closet door in the master
bedroom.
ORDINANCE DESCRIPTION
SECTION PM 304.15 Doors. Exterior doors, door assemblies,
operator systems if provided, and hardware shall be
maintained in good condition. Locks at all entrances to
dwelling units and sleeping units shall tightly secure the
door.
SECTION PM 305.6 Interior doors. Every interior door shall
fit reasonably well within its frame and shall be capable of
being opened and closed by being properly and securely
attached to jambs, headers or tracks as intended by the
manufacturer of the attachment hardware.
CORRECTIVE ACTION REQUIRED ;
Repair or replace door(s)
VIOLATION: 363 QUANTITY: 1
DESCRIPTION: 363 REPAIR DOOR HARDWARE DATE: 1/27/22
LOCATION: DOORS
NARRATIVE :
Replace the missing hardware on the front bedroom and
repair/replace the damaged hardware on the front door.
ORDINANCE DESCRIPTION :
SECTION PM 304.15/305.6 BUILDING/EQUIPMENT/MAINTENANCE
CORRECTIVE ACTION REQUIRED
REPAIR OR REPLACE DOOR HARDWARE
VIOLATION: 368 QUANTITY: 1
DESCRIPTION: 368 REFIT DOORS-WEATHERTIGHT DATE: 1/27/22
LOCATION: FRONT DOOR
NARRATIVE :
Install weatherstripping on the front door so it is weather
tight.
ORDINANCE DESCRIPTION
SECTION PM 304.13 Window, skylight and door frames. Every
window, skylight, door and frame shall be kept in sound
condition, good repair and weather tight.
CORRECTIVE ACTION REQUIRED
Weatherstrip or refit exterior door(s) to make weather
tight.
VIOLATION: 376 QUANTITY: 1
DESCRIPTION: 376 INSTALL WINDOW SCREENS DATE: 1/27/22
LOCATION: EXTERIOR
13
NARRATIVE : CONTINUED
Page 14
VIOLATION DETAIL PAGE 3
Item 1.
CASE NUMBER 22-00000319
PROPERTY ADDRESS 325 COLD SPRING PL
NARRATIVE :
Install tight fitting window screens where one is missing.
In addition, replace any damaged window screen.
ORDINANCE DESCRIPTION :
SECTION PM 304.14 Insect screens. During the period from
March 1st to November 30th every door, window and other
outside opening required for ventilation of habitable
rooms, food preparation areas, food service areas or any
areas where products to be included or utilized in food for
human consumption are processed, manufactured, packaged or
stored shall be supplied with approved tightly fitting
screens of minimum 16 mesh per inch (16 mesh per 25 mm), and
every screen door used for insect control shall have a
self-closing device in good working condition.
CORRECTIVE ACTION REQUIRED
Install window screens in all operable windows.
VIOLATION: 378 QUANTITY: 1
DESCRIPTION: 378 REPLC BROKEN WINDOW PANES DATE: 1/27/22
LOCATION: FRONT ROOM
NARRATIVE :
Replace the broken window in the front bedroom.
ORDINANCE DESCRIPTION :
SECTION PM 304.13.1 Glazing. Glazing materials shall be
maintained free from cracks and holes.
CORRECTIVE ACTION REQUIRED :
Replace cracked or broken window pane(s).
VIOLATION: 386 QUANTITY: 1
DESCRIPTION: 386 REPAIR FENCE DATE: 1/27/22
LOCATION: REAR
NARRATIVE :
Repair, replace, or remove entirely and dispose of, the
damaged fence in the rear yard. Obtain all necessary permits
and inspections.
ORDINANCE DESCRIPTION
SECTION PM 302.7 Accessory structures. Accessory structures,
including detached garages, fences and walls, shall be
maintained structurally sound and in good repair.
CORRECTIVE ACTION REQUIRED :
Repair, replace or remove the damaged/deteriorated fence.
A building permit will be required if replacing the fence.
VIOLATION: 393 QUANTITY: I
DESCRIPTION: 393 REPAIR/REPLACE DOWNSPOUT DATE: 1/27/22
LOCATION: REAR
14
NARRATIVE : CONTINUED
Page 15
VIOLATION DETAIL PAGE 4
Item 1.
CASE NUMBER 22-00000319
PROPERTY ADDRESS 325 COLD SPRING PL
NARRATIVE :
Reroute the downspout extension to allow water to properly
flow down and away from the house.
ORDINANCE DESCRIPTION :
SECTION PM 304.7 Roofs and drainage. Roof drains, gutters
and downspouts shall be maintained in good repair and
free from obstructions. Roof water shall not be discharged
in a manner that creates a public nuisance.
CORRECTIVE ACTION REQUIRED :
Repair or replace downspout(s).
VIOLATION: 398 QUANTITY: 1
DESCRIPTION: 398 REPAIR/REPLACE KIT CABINET DATE: 1/27/22
LOCATION: KITCHEN
NARRATIVE :
Repair the damaged kitchen cabinets and be sure they all
have proper working doors.
ORDINANCE DESCRIPTION :
SECTION PM 305.1 General. The interior of a structure and
equipment therein shall be maintained in good repair,
structurally sound and ln a sanitary condition.
CORRECTIVE ACTION REQUIRED
Repair or replace defective kitchen cabinets.
VIOLATION: 399 QUANTITY: 1
DESCRIPTION: 399 REPAIR SINK CABINET DATE: 1/27/22
LOCATION: BATHROOM
NARRATIVE :
Repair the sink cabinets in the bathrooms and be sure they
have proper working doors and hardware.
ORDINANCE DESCRIPTION :
SECTION PM 305.1 General. The interior of a structure and
equipment therein shall be maintained in good repair,
structurally sound and in a sanitary condition.
CORRECTIVE ACTION REQUIRED
Repair or replace sink cabinet(s).
VIOLATION: 603 QUANTITY: 1
DESCRIPTION: 603 REPAIR FAULTY ELEC OUTLET DATE: 1/27/22
LOCATION: BATHROOM
NARRATIVE :
Secure the outlet in the bathroom to the wall and be sure
15
Page 16
VIOLATION DETAIL PAGE 5
Item 1.
CASE NUMBER 22-00000319
PROPERTY ADDRESS 325 COLD SPRING PL
NARRATIVE :
that it is GFCI protected.
ORDINANCE DESCRIPTION :
SECTION PM 604.3 ELECTRICAL SYSTEM HAZARDS
CORRECTIVE ACTION REQUIRED :
REPLACE FAULTY AND/OR HAZARDOUS ELECTRICAL RECEPTACLES
VIOLATION: 603 QUANTITY: 1
DESCRIPTION: 603 REPAIR FAULTY ELEC OUTLET DATE: 1/27/22
LOCATION: MASTER
NARRATIVE :
Repair the broken outlet In the master bedroom.
ORDINANCE DESCRIPTION
SECTION PM 604.3 ELECTRICAL SYSTEM HAZARDS
CORRECTIVE ACTION REQUIRED :
REPLACE FAULTY AND/OR HAZARDOUS ELECTRICAL RECEPTACLES
VIOLATION: 604 QUANTITY: 1
DESCRIPTION: 604 REPR FAULTY ELEC APPLIANCE DATE: 1/27/22
LOCATION: STOVE
NARRATIVE :
Repair the stove and bring the oven to a proper working
condition.
ORDINANCE DESCRIPTION :
SECTION PM 605.1 ELECTRICAL EQUIPMENT
CORRECTIVE ACTION REQUIRED :
REPAIR OR REPLACE FAULTY OR HAZARDOUS ELECTRICAL APPLIANCE
VIOLATION: 607 QUANTITY: 1
DESCRIPTION: 607 REPAIR LIGHT FIXTURE DATE: 1/27/22
LOCATION: DWELLING
NARRATIVE :
Repair the outside light in the rear and install a cover.
Repair the light in the bathroom and be sure all hardware is
installed.
ORDINANCE DESCRIPTION
SECTION PM 605.1 Installation. Electrical equipment, wiring
and appliances shall be properly installed and maintained in
a safe and approved manner.
CORRECTIVE ACTION REQUIRED :
16
Page 17
VIOLATION DETAIL PAGE 6
Item 1.
CASE NUMBER 22-00000319
PROPERTY ADDRESS 325 COLD SPRING PL
CORRECTIVE ACTION REQUIRED :
Repair or replace faulty/damaged light fixture.
--------------------------------------------------------------
VIOLATION: 220A QUANTITY: 1
DESCRIPTION: 220A CLEAN CARPETING DATE: 1/27/22
LOCATION: INTERIOR
NARRATIVE
Clean carpet throughout so it is free of stains and debris.
ORDINANCE DESCRIPTION :
SECTION PM 305.1 General. The interior of a structure and
equipment therein shall be maintained in good repair,
structurally sound and In a sanitary condition.
CORRECTIVE ACTION REQUIRED
Clean or replace all unsanitary carpet.
VIOLATION: 222 QUANTITY: 1
DESCRIPTION: 222 PAINT WALLS DATE: 1/27/22
LOCATION: INTERIOR
NARRATIVE
Paint interior walls.
ORDINANCE DESCRIPTION :
SECTION PM 305.3 Interior surfaces. Peeling, chipping,
flaking or abraded paint shall be repaired, removed or
covered.
CORRECTIVE ACTION REQUIRED :
Paint interior walls as required.
VIOLATION: 009 QUANTITY: 1
DESCRIPTION: 009 SMOKE DETECTOR(S) DATE: 1/27/22
LOCATION: INTERIOR
NARRATIVE :
Repair the smoke detectors in the basement and in the kids
room.
ORDINANCE DESCRIPTION :
SECTION PM 704.2 SMOKE ALARMS Single- or multiple-station
smoke alarms shall be installed in all of the following
locations in Groups R-2, R-3, R-4 and in dwellings not
regulated in Group R Occupancies, regardless of occupant
load at all of the following locations:
1. On the ceiling or wall outside of each separate
sleeping area in the immediate vicinity of bedrooms.
2. In each room used for sleeping purposes.
17
Page 18
VIOLATION DETAIL PAGE 7
Item 1.
CASE NUMBER 22-00000319
PROPERTY ADDRESS 325 COLD SPRING PL
ORDINANCE DESCRIPTION :
3. In each story within a dwelling unit, including
basements but not including crawl spaces and
uninhabitable attics. In dwellings or dwelling
units with split levels and without an intervening
door between the adjacent levels, a smoke alarm
installed on the upper level shall suffice for the
adjacent lower level provided that the lower level
is less than one full story below the upper level.
CORRECTIVE ACTION REQUIRED :
Install a working smoke detector(s) at each required
location.
18
Page 19
Item 1.
19
Page 20
Item 1.
20
Page 21
Item 1.
21
Page 22
Item 2.
GENERAL REQUIREMENTS
kept in such condition so as to prevent the entry of rodents and mesh per 25 mm), and every screen door used for insect control
other pests. shall have a self-closing device in good working condition.
304.6 Exterior walls. All exterior walls shall be free from Exception: Screens shall not be required where· other
holes, breaks, and loose or rotting materials; and maintained approved means, such as air curtains or insect repellent fans,
weatherproof and properly surface coated where required to __ ar•••
e_emplo~ed
prevent deterioration. 304.15 oor [l exterior doors, door assemblies and hard-
304.7 Roofs and drainage. The roof and flashing shall be ware shall be maintained in good condition. Locks at all en-
sound, tight and not have defects that admit rain. Roof drainage trances to dwelling units and sleeping units shall tightly secure
shall be adequate to prevent dampness or deterioration in the the door. Locks on means of egress doors shall be in accor-
walls or interior portion of the structure. Roof drains, gutters dance with Section 702.3.
and downspouts shall be maintained in good repair and free 304.16 Basement hatchways. Every basement hatchway shall
from obstructions. Roof water shall not be discharged in a man- be maintained to prevent the entrance of rodents, rain and sur-
ner that creates a public nuisance. face drainage water.
304.8 Decorative features. All cornices, belt courses, corbels, 304.17 Guards for basement windows. Every basement win-
terra cotta trim, wall facings and similar decorative features dow that is openable shall be supplied with rodent shields,
shall be maintained in good repair with proper anchorage and storm windows or other approved protection against the entry
in a safe condition. ofrodents.
304.9 Overhang extensions. All overhang extensions includ- 304.18 Building security. Doors, windows or hatchways for
ing, but not limited to canopies, marquees, signs, metal awn- dwelling units, room units or housekeeping units shall be pro-
ings, fire escapes, standpipes and exhaust ducts shall be vided with devices designed to provide security for the occu-
maintained in good repair and be properly anchored so as to be pants and property within.
kept in a sound condition. When required, all exposed surfaces 304.18.1 Doors. Doors providing access to a dwelling unit,
of metal or wood shall be protected. from the elements and rooming unit or housekeeping unit that is rented, leased or
against decay or rust by periodic application of weather-coat- let shall be equipped with a dead bolt lock designed to be
ing materials, such as paint or similar surface treatment. readily open able from the side from which egress is to be
304.10 Stairways, decks, porches and balconies. Every exte- made without the need for keys, special knowledge or effort
rior stairway, deck, porch and balcony, and all appurtenances and shall have a lock throw of not less than 1 inch (25 mm).
attached thereto, shall be maintained structurally sound, in Such deadbolt locks shall be installed according to the inan-
good repair, with proper anchorage and capable of supporting .ufacturer's specifications and maintained in good working
the imposed loads. order. For the purpose of this section, a sliding bolt shall not
be considered an acceptable deadbolt lock.
304.11 Chimneys and towers. All chimneys, cooling towers,
smoke stacks, and similar apputtenances shall be maintained 304.18.2 Windows. Operable windows located in whole or
structurally safe and sound, and in good repair. All exposed in part within 6 feet (1828 mm) above ground level or a
surfaces of metal or wood shall be protected from the elements walking surface below that provide access to a dwelling
and against decay or rust by periodic application of weather- unit, rooming unit or housekeeping unit that is rented, leased
coating materials, such as paint or similar surface treatment. or let shall be equipped with a window sash locking device.
304.18.3 Basement hatchways. Basement hatchways that
304.12 Handrails and guards. Every handrail and guard shall
provide access to a dwelling unit, rooming unit or house-
be firmly fastened and capable of supporting normally
keeping -unit that is rented, leased or let shall be equipped
imposed loads and shall be maintained in good condition.
with devices !hat secure the units from unauthorized entry.
304.13 Window, skylight and door frames. Every window,
skylight, door and frame shall be kept in sound condition, good
repair and weather tight. SECTION 305
____ - .•...
IN.,TERIOR STRUCTURE
304.13.1 Glazing. All glazing materials shall be maintained
free from cracks and holes. General. The interior of a structme and equipment
tnerein snaIl Be maintained in good repair, structurally sound
304.13.2 Openable windows. Every window, other than a and in a sanitary condition. Occupants shall keep that-part of
fixed window, shall be easily openable and capable of being the structure which they occupy or control in a clean and sani-
held in position by window hardware. tary condition. Every owner of a structure containing a room-
304.14 Insect screens. During the period from [DATE] to ing house, housekeeping units, a hotel, a dormitory, two or
[DATE], every door, window and other outside opening required
more dwelling units or two or more nonresidential occupan-
cies, shall maintain, in a clean and sanitary condition, the
I
for ventilation of habitable rooms, food preparation areas, food
service areas or any areas where products to be included or uti- shared or public areas of the structure and exterior property.
lized in food for human consumption are processed, manufac- 305.1.1 Unsafe conditions. The following conditions shall
tured, packaged or stored shall be supplied with approved be determined as unsafe and shall be repaired or replaced to
tightly fitting screens of not less than 16 mesh per inch (16 comply with the International Building Code or the Inter-
2009 INTERNATIONAL PROPERTY MAINTENANCE COOE® 13
22
Page 23
Item 2.
GENERAL REQUIREMENTS
national Existing Building Code as required for existing SECTION 306
buildings: COMPONENT SERVICEABILITY
1. The nominal strength of any structural member is
306.1 General. The components of a structure and equipment
exceeded by nominal loads, the load effects or the therein shall be maintained in good repair, structurally sound
and in a sanitary condition.
required strength;
2. The anchorage of the floor or roof to walls or col- 306.1.1 Unsafe conditions. Where any of the following
umns, and of walls and columns to foundations is not conditions cause the component or system to be beyond its
capable of resisting all nominal loads or load effects; limit state, the component or system shall be determined as
unsafe and shall be repaired or replaced to comply with the
3. Structures or components thereof that have reached International Building Code as required for existing build-
their limit state; ings:
4. Structural members are incapable of supporting nom- 1. Soils that have been subjected to any of the following
inalloads and load effects; conditions:
5. Stairs, landings, balconies and all similar walking 1.1. Collapse of footing or foundation system;
surfaces, including guards and handrails, are not 1.2. Damage to footing, foundation, concrete or
structurally sound, not properly anchored or are other structural element due to soil expan-
anchored with connections not capable of supporting sion;
all nominal loads and resisting all load effects;
1.3. Adverse effects to the design strength of
6. Foundation systems that are not firmly supported by footing, foundation, concrete or other struc-
footings are not plumb and free from open cracks and tural element due to a chemical reaction
breaks, are not properly anchored or are not capable from the soil;
of supporting all nominal loads and resisting all load
effects. 1.4. Inadequate soil as determined by a geotech-
nical investigation;
Exceptions:
1.5. Where the allowable bearing capacity of the
1. When substantiated otherwise by an soil is in doubt; or
appl~o,ved_I?t?~19g·... .1..6.A.dverse effects to the footing, foundation,
I 2. Demolition of unsafe conditions shall be per- concrete or other structural element due to
mitted when approved by the code official. the ground water table.
2. Concrete that has been subjected to any of the follow-
305.2 Structural members. All structural members shall be ing conditions:
maintained structurally sound, and be capable of supporting
the imposed loads. 2.1. Deterioration;
2.2. Ultimate deformation;
'~05.3 Interior surfaces. All interior surfaces, including win-
dows ano aoors, sliall be maintained in good, clean and sanitary 2.3. Fractures;
condition. Peeling, chipping, flaking or abraded paint shall be 2.4. Fissures;
repaired, removed or covered. Cracked or loose plaster,
2.5. Spalling;
decayed wood and other defective surface conditions shall be
corrected. 2.6. Exposed reinforcement; or
2.7. Detached, dislodged or failing connections.
305.4 Stairs and walking surfaces. Every stair, ramp, land-
ing, balcony, porch, deck or other walking surface shall be 3. Aluminum that has been subjected to any of the fol-
maintained in sound condition and good repair. lowing conditions:
3.1. Deterioration;
305.5 Handrails and guards. Every handrail and guard shall
be firmly fastened and capable of supporting normally 3.2. COHosion;
imposed loads and shall be maintained in good condition. 3.3. Elastic deformation;
305.6 Interior doors. Every interior door shall fit reasonably 3.4. Ultimate deformation;
well within its frame and shall be capable of being opened and 3.5. Stress or strain cracks;
closed by being properly and securely attached to jambs, head-
3.6. Joint fatigue; or
ers or tracks as intended by the manufacturer of the attachment
hardware. 3.7. Detached, dislodged or failing connections.
14 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE®
23
Page 24
Item 2.
CHAPTER 5
PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
SECTION 501 503.2 Location. Toilet rooms and bathrooms serving hotel
GENERAL units, rooming units or dormitory units or housekeeping units,
shall have access by traversing not more than one flight of stairs
501.1 Scope. The provisions of this chapter shall govern the and shall have access from a common hall or passageway.
minimum plumbing systems, facilities and plumbing fixtures
to be provided. 503.3 Location of employee toilet facilities. Toilet facilities
shall have access from within the employees' working area.
501.2 Responsibility. The owner of the structure shall provide The required toilet facilities shall be located not more than one
and maintain such plumbing facilities and plumbing fixtures in story above or below the employees' working area and the path
compliance with these requirements. A person shall not occupy of travel to such facilities shall not exceed a distance of 500 feet
as owner-occupant Or permit another person to occupy any (152 m). Employee facilities shall either be separate facilities
structure or premises which does not comply with the require- or combined employee and public facilities.
ments of this chapter.
Exception: Facilities that are required for employees in
storage structures or kiosks, which are located in adjacent
[P] SECTION 502 structures under the same ownership, lease or control, shall
REQUIRED FACILITIES not exceed a travel distance of 500 feet (152 m) from the
employees' regular working area to the facilities.
502.1 Dwelling units. Every dwelling unit shall contain its
own bathtub or shower, lavatory, water closet and kitchen sink . 503.4 Floor surface. In other than dwelling units, every toilet
which shall be maintained in a sanitary, safe working condi- room floor shall be maintained to be a smooth, hard,
tion. The lavatory shall be placed in the same room as the water nonabsorbent surface to permit such floor to be easily kept in a
closet or located in close proximity to the door leading directly clean and sanitary condition.
into the room in which such water closet is located. A kitchen
sink shall not be used as a substitute for the required lavatory.
[P] SECTION 504
502.2 Rooming houses. At least one water closet, lavatory and PLUMBING SYSTEMS AND FIXTURES
bathtub or shower shall be supplied for each four rooming
units. General. All plumbing fixtures shall be properly
installed ano maintained in working order, and shall be kept
502.3 Hotels. Where private water closets, lavatories and baths free from obstructions, leaks and defects and be capable of per-
are not provided, one water closet, one lavatory and one bath- fonning the function for which such plumbing fixtures are
tub or shower having access from a public hallway shall be pro- designed. All plumbing fixtures shall be maintained in a safe,
vided for each ten occupants. sanitary and functional condition.
502.4 Employees' facilities. A minimum of one water closet, 504.2 Fixture clearances. Plumbing fixtures shall have ade-
one lavatory and one drinking facility shall be available to quate clearances for usage and cleaning.
employees.
504.3 Plumbing system hazards. Where it is found that a
502.4.1 Drinking facilities. Drinking facilities shall be a plumbing system in a structure constitutes a hazard to the occu-
drinking fountain, water cooler, bottled water cooler or dis- pants or the structure by reason of inadequate service, inade-
posable cups next to a sink or water dispenser. Drinking quate venting, cross connection, backsiphonage, improper
facilities shall not be located in toilet rooms or bathrooms. installation, deterioration or damage orfor similar reasons, the
502.5 Public toilet facilities. Public toilet facilities shall be code official shall require the defects to be corrected to elimi-
maintained in a safe sanitary and working condition in accor- nate the hazard.
dance with the International Plumbing Code. Except for peri-
odic maintenance or cleaning, public access arid use shall be
SECTION 505
1 provided to the toilet facilities at all times during occupancy of
the premises.
WATER SYSTEM
505.1 General. Every sink, lavatory, bathtub or shower, drink-
ing fountain, water closet or other plumbing fixture shall be
[P] SECTION 503 properly connected to either a public water system or to an
TOILET ROOMS approved private water system. All kitchen sinks, lavatories,
laundry facilities, bathtubs and showers shall be supplied with
503.1 Privacy. Toilet rooms and bathrooms shall provide pri-
hot or tempered and cold running water in accorda:;1cewith the
vacy and shall not constitute the only passageway to a hall or
International Plumbing Code.
other space, or to the exterior. A door and interior locking
device shall be provided for all common or shared bathrooms [P] 505.2 Contamination. The water supply shall be main-
and toilet rooms in a multiple dwelling. tained free from contamination, and all water inlets for plumb-
2009 INTERNATIONAL PROPERTY MAINTENANCE CODE® 1924
Page 25
Item 2.
CHAPTER 7
FIRE SAFETY REQUIREMENTS
[F] SECTION 704
SECTION 701
FIRE PROTECTION SYSTEMS
GENERAL
701.1 Scope. The provisions of this chapter shall govern the 704.1 General. All systems, devices and equipment to detect a
minimum conditions and standards for fIre safety relating to fIre, actuate an alarm, or suppress or control a fIre or any com-
suuctures and exterior premises, including fue safety facilities bination thereof shall be maintained in an operable condition at
and equipment to be provided.
701.2 Responsibility. The owner of the premises shall provide
and maintain such fIre safety facilities and equipment in com-
all times in accordance with the International Fire Code.
704.1.1 Automatic sprinkler systems. Inspection, testing
and maintenance of automatic sprinkler systems shall be in
I
pliance with these requirements. A person shall not occupy as accordance with NFPA 25.
owner-occupant or permit another person to occupy any pre- 704.2 Smoke alarms. Single- or multiple-station smoke
mises that do not comply with the requirements of this chapter. arms shall be installed and maintained in Groups R-2, R-3, R-
4 and in dwellings not regulated in Group R occupancies,
regardless of occupant load at all of the following locations:
IF] SECTION 702
MEANS OF EGRESS 1. On the ceiling or wall outside of each separate sleeping
area in the immediate vicinity of bedrooms.
702.1 General. A safe, continuous and unobstructed path of
travel shall be provided from any point in a building or struc- 2. In each room used for sleeping purposes.
ture to the public way. Means of egress shall comply with the 3. In each story within a dwelling unit, including basements
International Fire Code. and cellars but not including crawl spaces and uninhabit-
702.2 Aisles. The required width of aisles in accordance with able attics. In dwellings or dwelling units with split levels
the International Fire Code shall be unobstructed. and without an intervening door between the adjacent
levels, a smoke alarm installed on the upper level shall
702.3 Locked doors. All means of egress doors shall be readily suffice for the adjacent lower level provided that the
openablefrom the side from which egress is to be made without lower level is less than one full story below the upper
the need for keys, special knowledge or effort, except where the level.
door hardware conforms to that permitted by the International
Building Code. Single- or multiple-station smoke alarms shall be installed in
other groups in accordance with the International Fire Code.
702.4 Emergency escape openings. Required emergency
escape openings shall be maintained in accordance with the 704.3 Power source. In Group R occupancies and in dwellings
code in effect at the time of construction, and the following. not regulated as Group R occupancies, single-station smoke
Required emergency escape and rescue openings shall be oper- alarms shall receive their primary power from the building wir-
ational from the inside of the room without the use of keys or ing provided that such wiring is served from a commercial
tools. Bars, grilles, grates or similar devices are permitted to be source and shall be equipped with a battery backup. Smoke
placed over emergency escape and rescue openings provided alarms shall emit a signal when the batteries are low. Wiring
the minimum net clear opening size complies with the code that shall be permanent and without a disconnecting switch other
was in effect at the time of construction and such devices shall than as required for overcurrent protection.
be releasable or removable from the inside without the use of a Exception: Smoke alarms are permitted to be solely battery
key, tool or force greater than that which is required for normal operated in buildings where no construction is taking place,
operation of the escape and rescue opening. buildings that are not served from a commercial power
source and in ex.isting areas of buildings undergoing alter-
ations or repairs that do not result in the removal of interior
[F] SECTION 703 wall or ceiling fInishes exposing the structure, unless there
FIRE-RESISTANCE RATINGS is an attic, crawl space or basement available which could
703.1 Fire-resistance-rated assemblies. The required fIre- provide access for building wiring without the removal of
resistance rating offlre-resistance-rated walls, flre stops, shaft interior fInishes.
enclosures, partitions and floors shall be maintained.
704.4 Interconnection. Where more than one smoke alarm is
703.2 Opening protectives. Required opening protectives required to be installed within an individual dwelling unit in
shall be maintained in an operative condition. All fue and Group R-2, R-3, R-4 and in dwellings not regulated as GroupR
smokestop doors shall be maintained in operable condition. occupancies, the smoke alarms shall be interconnected in such
Fire doors and smoke barrier doors shall not be blocked or a manner that the activation of one alarm will activate all of the
obstructed or otherwise made inoperable. alarms in the individual unit. The alarm shall be clearly audible
2009 INTERNATIONAL PROPERTY MAINTENANCE COOE@ 25
25
Page 26
3/3/22, 10:20 AM Dover, DE Code of Ordinances
Item 2.
Sec. 106-130. - Wrecked, nonoperating, or improperly parked or equipped vehicles.
(a) Prohibited. It shall be unlawful for any person to park any vehicle or permit any vehicle to remain
parked on the streets of the city when that vehicle is wrecked, nonoperating or improperly
equipped to such an extent that it would be unlawful to drive the vehicle upon the streets of the
city in its condition.
(b) Leaving vehicles on property.
(1) It shall be unlawful for any person in charge or in control of any property within the city,
whether as owner, tenant, occupant, lessee or otherwise, to:
a. Allow any vehicle partially dismantled, stripped, nonoperating or in such repair as to
render it unable to operate legally on a public street, or a wrecked, junked or discarded
vehicle to remain on the property for more than five days; or
b. Allow any operable unregistered or uninspected vehicle to remain on the property for
more than 90 days.
(2) This subsection shall not apply with regard to a vehicle in an enclosed building or enclosed
area designed and approved for such purposes, a vehicle on the premises of a business
enterprise licensed and approved for vehicle storage or salvage or repair, or a vehicle in an
appropriate storage place or depository maintained in a lawful place and manner as
approved by the city.
(3) Unregistered or uninspected vehicles whose owners have properly parked and secured them
and who have notified the department of planning and inspections may be granted
extensions of the 90-day limit on keeping of unregistered or uninspected vehicles for reasons
including but not limited to out-of-state military service, illness, extended travel or such other
reasons as approved by the department.
(c) Parking in grass. Vehicles shall not be permitted to be parked in front, side, or rear yards required
by appendix B pertaining to zoning, except in approved driveways, garages, carports, or parking
pads.
(Code 1968, § 31-81; Code 1981, § 13-37; Ord. of 11-12-1996; Ord. No. 2018-07,8-27-2018)
State Law reference- Driving of hazardous vehicles prohibited, 21 Del. C. § 4335.
26
1/1
Page 27
Item 2.
<[itp of mober
March 02, 2022
Rosica Properties LLC & Kimberly S. Coury
48 S Stetson Lane
Camden Wyoming, De 19934
Re: Appeal of Case #22-00004864 - Inspections done on January 12, 2022- 44 Acacia Place
Mr. Coury:
I have received your request to appeal the violations related to the inspection done on January 12, 2022 of 44 Acacia
Place in accordance with the 2009 International Property Maintenance Code - Chapter 3 - General Requirements, Section
304.15 - Doors, 305.1 - General, 305.3 - Interior Surfaces, 305.6 - Interior Doors, Chapter 5 - Plumbing Facilities and
Fixture Requirements, Section 504.1 - General, Chapter 7 - Fire Safety Requirements, Section 704.2 - Smoke Alarms)
(Dover Code of Ordinances Chapter 106 - Traffic and Vehicles, Section 106-130 - Wrecked, Nonoperating, or
improperly parked or equipped vehicles - (b) - Leaving vehicles on property.
A meeting of the Construction and Property Maintenance Code Board of Appeals has been scheduled for Wednesday,
March 09, 2022 at 3:00 p.m. to hear your appeal. This meeting will be held in the City Hall Conference Room,
15 Loockerman Plaza, Dover, DE 19901 with electronic access via WebEx, which may be accessed through a computer,
smart phone, or through a telephone call. Below I have listed the information needed to access the meeting
electronically. If you have any additional documentation that you would like the Board to review when considering your
appeal, please provide this information to the City Clerk's Office prior to the appeal hearing.
Please feel free to contact me by email atcityclerk@dover.de.us or by phone at (302) 736-7008 if you have any
questions or concerns.
Dial: 1-408-418-9388
Link: https://rb.gy/dssqtg
Event Number/Access Code: 2347 036 0617
Event Password: DOVER
Sincerely,
~~
Rachel Engle
Assistant City Clerk
REI
S:IAPPEALSI2022110. 44 Acacia Place - Annual Housing Inspection - Greg CourylReceipt of Appeal - Annual Housing Inspection - 44 Acacia Place.wpd
cc: Nicholas Rodriguez, City Solicitor
Gary Junge, Deputy City Solicitor
Dawn Melson - Williams, Director of Planning and Community Development
Eddie Kopp, Chief Code Enforcement Officer
John England, Code Enforcement Officer
P.O. Box 475·:· Dover, Delaware ·:·19903 27
<ltotnmunitp QCxcellence m~rottg~ <!aualitp ~er\.Jice
Page 28
Item 2.
Subject: EXTERNAL: Notice of Appeal, 21-00004864
WARNING: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Ms. Rivera,
This email serves as a notice of appeal for Case #21-00004864.
Please contact me if you have any questions.
Thanks
Greg
28
Page 29
Item 2.
29
Page 30
Item 2.
30
Page 31
Item 2.
31
Page 32
Item 2.
32
Page 33
Item 2.
33
Page 34
Item 2.
34
Page 35
Item 2.
35
Page 36
Item 2.
36
Page 37
Item 2.
37
Page 38
Item 2.
38
Page 39
Item 2.
39
Page 40
Item 2.
40
Page 41
Item 2.
41
Page 42
Item 2.
42
Page 43
Item 2.
43