[HISTORY: Adopted by the Mayor and Council
of the Town of Selbyville 9-11-2000 by Ord. No. 114. Amendments noted
where applicable.]
[Amended 6-6-2005]
A.
The International Building Code, 2003 Edition, and all subsequent editions, (including Appendix Chapters A, C, D, G, and J) and as applicable, the International Residential Code, 2003 Edition, and all subsequent editions, (including Appendix Chapters A, E, and F) are hereby adopted by reference as the Building Code and Residential Code of the Town of Selbyville. This chapter ("Building Construction") and Chapter 91 ("Floodplain District Regulations") of the Town Code shall govern the issuance of building permits in the event of any conflict between said provisions and the provision of the International Building Code and the International Residential Code as adopted by reference by this § 61-1.
B.
The following sections of the International Building
Code, 2003 Edition, are hereby revised:
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§ 101.1.
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Insert: Town of Selbyville
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§ 1612.3.
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Insert: Town of Selbyville
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§ 1612.3.
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Insert: [June 16, 1995]
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§ 3410.2
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Insert: June 6, 2005 [effective date]
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C.
The following sections of the International Residential
Building Code are hereby revised:
[Amended 1-9-2023]
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§ R101.1
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Insert: Town of Selbyville
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§ R313
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Strike: The existing section in its entirety; and substitute
in lieu thereof, the following:
An automatic fire sprinkler system may be, but is not required
to be, installed in residential dwellings, including, but not limited
to, single family homes and townhomes. Where an automatic fire sprinkler
system is not installed, the building components in garages, ceilings,
and roof assemblies must be constructed of materials with at least
a one-hour fire resistance rating and must be installed so as to prevent
the passage of smoke and fire between rooms within the dwelling and/
or other buildings or structures.
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Table R301.2(1)
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Insert. 120 mph (Basic wind speed)
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D.
Building Code Board of Appeals.
(1)
Application. The application for appeal shall be filed
on a form obtained from the Building Official within 20 days after
notice was served.
(2)
Membership of the Board. The Town Council shall sit
as a Board of Appeals. The Building Official shall be an ex officio
member of said Board but shall have no vote on any matter before the
Board.
(3)
Alternate members. The Mayor may appoint an alternate
member to hear appeals during the absence of or disqualification of
a member. Such alternate member shall be appointed for a period of
one year.
(4)
Rules and procedures. The Board is authorized to establish
policies and procedures necessary to carry out its duties.
(5)
Chairperson. The Mayor shall serve as Chairperson;
in the Mayor's absence, the Mayor may appoint a substitute or, if
that has not been done, the Board may select one of its members to
serve as Chairperson during the absence of the Mayor.
(6)
Disqualifications of member. A member shall not hear
an appeal in which that member has a personal, professional or financial
interest.
(7)
Secretary. The Board of Appeals shall designate a
qualified clerk to serve as Secretary to the Board. The Secretary
shall file a detailed report of all proceedings in the office of the
Town.
(8)
Notice of meeting. The Board shall meet upon notice
from the Chairperson.
(9)
Open hearings. All hearings before the Board of Appeals
shall be open to the public. The appellant, the appellant's representative,
the Building Official and any person whose interests are affected
shall be given opportunity to be heard.
(10)
Procedure. The Board shall adopt, and make available
to the public through the Secretary, procedures under which a hearing
will be conducted. The procedures shall not require compliance with
strict rules of evidence but shall mandate that only relevant information
be received.
(11)
Board decision. The Board shall modify or reverse
the decision of the Building Official by a concurring vote of a majority
of its members.
(12)
Administration. The Building Official shall take immediate
action in accordance with the decision of the Board.
[Amended 12-3-2001]
No buildings or structures shall be moved within
or into the Town of Selbyville unless they are of new construction
only; provided, however, that the following are exceptions:
A.
Qualifications for Building Official, Chief Inspector
and deputies of each shall be as follows: At least 10 years of experience
or equivalent as architect, engineer, inspector, contractor or superintendent
of construction, or any combination of these, five years of which
shall have been in responsible charge of work, and shall be familiar
with the provisions of the building, electrical, gas, mechanical and
plumbing codes.
B.
The Building Official, Chief Inspector and deputies
thereof shall be appointed by the Mayor with the advice and consent
of the Town Council, and shall be removable at will.
Any person, firm, corporation or agent who shall
violate a provision of this code, or fail to comply therewith, or
with any of the requirements thereof, or who shall erect, construct,
alter, demolish or move any structure, or who has erected, constructed,
altered, repaired, moved or demolished a building or structure in
violation of this code, shall be guilty of a misdemeanor, and upon
conviction thereof shall be fined not less than $1 nor more than $1,000
and shall pay the costs of prosecution, including Town Attorney fees
and Victim's Compensation Fund assessment. Each such person, firm
or corporation shall be deemed guilty of a separate offense for each
and every day or portion thereof during which any violation of any
of the provisions of this code is committed or continued.
