[HISTORY: Adopted by the Mayor and Council of the Town of
Middletown 6-1-2009 by Ord. No. 09-05-01. Amendments noted where applicable.]
A.
Creation of enforcement agency. The Department of Licensing and Inspection
is hereby created, and the official in charge thereof shall be known
as the "department supervisor."
B.
Appointment. The department supervisor shall be appointed by Mayor
and Council.
C.
Department supervisor. In accordance with the prescribed procedures
of this jurisdiction and with the concurrence of the appointing authority,
the department supervisor shall have the authority to appoint related
technical officers, inspectors, plan examiners and other employees.
Such employees shall have powers as delegated by the department supervisor.
A.
General. The department supervisor is hereby authorized and directed
to enforce the provisions of this Code. The department supervisor
shall have the authority to render interpretations of this Code and
to adopt policies and procedures in order to clarify the application
of its provisions. Such interpretations, policies and procedures shall
be in conformance with the intent and purpose of this Code. Such policies
and procedures shall not have the effect of waiving requirements specifically
provided for in this Code.
B.
Applications and permits. The department supervisor shall receive
applications, review construction documents and issue permits for
the erection and alteration of buildings and structures, inspect the
premises for which such permits have been issued and enforce compliance
with the provisions of this Code.
C.
Notices and orders. The department supervisor shall issue all necessary
notices or orders to ensure compliance with this Code.
D.
Inspections. The department supervisor is authorized to make all
of the required inspections, or the department supervisor shall have
the authority to accept reports of inspection by approved agencies
or individuals. Reports of such inspections shall be in writing and
be certified by a responsible inspector of such approved agency or
by the responsible individual. The department supervisor is authorized
to engage such expert opinion as deemed necessary to report upon unusual
technical issues that arise, subject to the approval of Mayor and
Council.
E.
Identification. The department code official shall carry proper identification
when inspecting structures or premises in the performance of duties
under this Code.
F.
Right of entry. Where it is necessary to make an inspection to enforce
the provisions of this Code, or where the department code official
has reasonable cause to believe that there exists in a structure or
upon a premises a condition which is contrary to or in violation of
this Code which makes the structure or premises unsafe, dangerous
or hazardous, the department supervisor, inspector, code official,
or designee is authorized to enter the structure or premises at reasonable
times to inspect or to perform the duties imposed by this Code, provided
that if such structure or premises be occupied, credentials shall
be presented to the occupant and entry requested. If such structure
or premises be unoccupied, the department supervisor shall first make
a reasonable effort to locate the owner or other person having charge
or control of the structure or premises and request entry. If entry
is refused, the department supervisor shall have recourse to the remedies
provided by law to secure entry.
G.
Department records. The Licensing and Inspection Department shall
keep official records of applications received, permits and certificates
issued, fees collected, reports of inspections, and notices and orders
issued. Such records shall be retained in the official records for
the period required for the retention of public records.
H.
Liability. The Licensing and Inspection Department or employee charged
with the enforcement of this Code, while acting for the jurisdiction
in good faith and without malice in the discharge of the duties required
by this Code or other pertinent law or ordinance, shall not thereby
be rendered liable personally and is hereby relieved from personal
liability for any damage accruing to persons or property as a result
of any act or by reason of an act or omission in the discharge of
official duties. Any suit instituted against an inspector, code official,
or employee because of an act performed by that inspector, code official,
or employee in the lawful discharge of duties and under the provisions
of this Code shall be defended by legal representative of the jurisdiction
until the final termination of the proceedings. The department supervisor
or any subordinate shall not be liable for cost in any action, suit
or proceeding that is instituted in pursuance of the provisions of
this Code.
I.
Approved materials and equipment. Materials, equipment and devices
approved by the department supervisor shall be constructed and installed
in accordance with such approval.
J.
Used materials and equipment. Used materials, equipment and devices
shall not be reused unless approved by the department supervisor.
K.
Modifications. Wherever there are practical difficulties involved
in carrying out the provisions of this Code, the department supervisor
shall have the authority to grant modifications for individual cases,
provided the department supervisor shall first find that special individual
reason makes the strict letter of this Code impractical and the modification
is in compliance with the intent and purpose of this Code and that
such modification does not lessen health, life and firesafety requirements
or structural integrity. The details of action granting modifications
shall be recorded and entered in the files of the Department of Building
Safety.
L.
Areas prone to flooding. The department supervisor shall not grant
modifications to any provision related to areas prone to flooding
without the granting of a variance to such provisions by Mayor and
Council.
M.
Alternative materials, design and methods of construction and equipment.
The provisions of this Code are not intended to prevent the installation
of any material or to prohibit any design or method of construction
not specifically prescribed by this Code, provided that any such alternative
has been approved. An alternative material, design or method of construction
shall be approved where the department supervisor finds that the proposed
design is satisfactory and complies with the intent of the provisions
of this Code, and that the material, method or work offered is, for
the purpose intended, at least the equivalent of that prescribed in
this Code. Compliance with the specific performance-based provisions
of the International Codes in lieu of specific requirements of this
Code shall also be permitted as an alternate.
N.
Tests. Whenever there is insufficient evidence of compliance with
the provisions of this Code, or evidence that a material or method
does not conform to the requirements of this Code, or in order to
substantiate claims for alternative materials or methods, the department
supervisor shall have the authority to require tests as evidence of
compliance to be made at no expense to the jurisdiction. Test methods
shall be as specified in this Code or by other recognized test standards.
In the absence of recognized and accepted test methods, the department
supervisor shall approve the testing procedures. Tests shall be performed
by an approved agency. Reports of such tests shall be retained by
the Building Department for the period required for retention of public
records.
O.
The supervisor may grant the following variance administratively:
a variance (of 12 inches or less) from building or property setback
requirements set forth in the Town of Middletown's Zoning Code when
he/she finds that the authorization of such variance will not be of
substantial detriment to adjacent property and the character of the
zoning district will not be changed by the granting of the variance.
An owner requesting a variance shall submit a written request following
the Administrative Variance Policy (6.1) (via the Town of Middletown
Administrative Variance Application 6.1.2), specifying the nature
and justification for the variance.
[Added 4-2-2012 by Ord. No. 12-03-01]
[Added 9-8-2014 by Ord.
No. 14-08-01]
A.
Scope. The provisions of the International Residential Code for One-
and Two-family Dwellings, International Property Maintenance Code,
International Building Code, International Plumbing Code, International
Mechanical Code, International Fuel Gas Code, International Existing
Building Code, and International Energy Conservation Code shall apply
to the design, construction, quality of materials, workmanship, alteration,
movement, enlargement, replacement, repair, equipment, use of occupancy,
location, maintenance, removal and demolition of all premises, buildings,
and structures.
(1)
Building. The provisions of the International Building Code shall
apply to the construction, alteration, movement, enlargement, replacement,
repair, equipment, use of occupancy, location, maintenance, removal,
and demolition of every building or structure or any appurtenances
connected or attached to such buildings or structures. Exception:
Detached one- or two-family dwellings and multiple single-family dwellings
(townhouses) not more than three stories high with separate means
of egress and their accessory structures shall comply with the International
Residential Code.
(2)
Residential. The provisions of the International Residential Code
for One- and Two-Family Dwellings shall apply to the construction,
alteration, movement, enlargement, replacement, repair, equipment,
use of occupancy, location, removal and demolition of detached one-
and two-family dwellings and multiple single-family dwellings (townhouses)
not more than three stories in height with a separate means of egress
and their accessory structures.
(3)
Property Maintenance. The provisions of this code shall apply to
all existing residential and nonresidential structures and all existing
premises and constitute minimum requirements and standards for premises,
structures, equipment, and facilities for light, ventilation, space,
heating, sanitation, protection from the elements, life safety, safety
from fire and other hazards, and for safe and sanitary maintenance;
the responsibility of the owners, operators and occupants; the occupancy
of existing structures and premises; and for administration, enforcement
and penalties.
(4)
Mechanical. The provisions of the International Mechanical Code shall
apply to the design, installation, alteration, repair, maintenance,
and replacement of mechanical systems, permanently installed and utilized
to provide control of environmental conditions and related processes
within buildings and structures, including equipment, appliances,
fixtures, fittings, and appurtenances, including ventilating, heating,
cooling, air-conditioning and refrigeration systems, incinerators,
and other energy-related systems. The installation of fuel gas distribution
piping and equipment, fuel gas-fired appliances, and fuel gas-fired
appliance venting systems shall be regulated by the International
Fuel Gas Code.
(5)
Plumbing. The provisions of the International Plumbing Code shall
apply to the installation, alterations, repairs and replacement of
plumbing systems, including equipment, appliances, fixtures, fittings
and appurtenances, and where connected to a water or sewer system.
(6)
Gas. The provisions of the International Fuel Gas Code shall apply
to the installation of gas appliances and related accessories as covered.
These requirements apply to gas piping systems extending from the
point of delivery to the inlet connections of appliances and the installation
and operation of residential and commercial gas appliances and related
accessories.
(7)
Existing Building. The provisions of the International Existing Building
Code shall apply to the repair, alteration, change of occupancy, addition,
and relocation of existing buildings. A building or portion of a building
that has not been previously issued a certificate of occupancy or
used for its intended purpose shall comply with the provisions of
the International Building Code for new construction.
(8)
Energy Conservation. The provisions of the International Energy Conservation
Code shall apply to the design, construction, quality of materials,
erection, installation, alteration, repair, location, replacement,
addition to, or use or maintenance of the building envelope, mechanical,
lighting and power systems.
B.
Purpose. The purpose of this code is to provide minimum standards
to safeguard life or limb, property and public welfare by regulating
and controlling the design, health and general welfare through affordability,
flexibility, construction, structural strength, means of egress facilities,
stability, sanitation, quality of materials, location, control of
systems, light and ventilation, energy conservation and safety to
life and property from fire and other hazards attributed to the built
environment. This code shall apply to the incorporated Town of Middletown.
[Added 9-8-2014 by Ord.
No. 14-08-01]
A.
General. Where, in any specific case, different sections of this
code specify different materials, methods of construction or other
requirements, the most restrictive shall govern. Where there is a
conflict between a general requirement and a specific requirement,
the specific requirement shall be applicable. Where there is a conflict
between the Town of Middletown Code and any other regulation in and
for the Town of Middletown or the State of Delaware, the most restrictive
shall apply.
B.
Other laws. The provisions of this code shall not be deemed to nullify
any provisions of local, state or federal law.
C.
Application of references. References to chapter or section numbers,
or to provisions not specifically identified by number, shall be construed
to refer to such chapter, section or void. This shall not have the
effect of making void or illegal any of the other parts or provisions.
D.
Existing structures. The legal occupancy of any structure existing
on the date of adoption of this code shall be permitted to continue
without change, except as is specifically covered in this code, the
International Property Maintenance Code or the State of Delaware Fire
Prevention Regulations, or as is deemed necessary by the department
supervisor for the general safety and welfare of the occupants and
the public.
E.
Additions, alterations or repairs. Additions, alterations or repairs
to any structure shall conform to the requirements for a new structure
without requiring the existing structure to comply with all of the
requirements of this code, unless otherwise stated. Additions, alterations
or repairs shall not cause an existing structure to become unsafe
or adversely affect the performance of the building.
A.
Required. Any owner or authorized agent who intends to construct,
including but not limited to on site stick-built accessory structures,
enlarge, alter, repair, move, place, demolish or change the occupancy
of a building or structure, or to erect, install, enlarge, alter,
repair, remove, convert or replace any gas, mechanical or plumbing
system, the installation of which is regulated by this Code, or to
cause any such work to be done, shall first make application to the
Licensing and Inspection Department and obtain the required permit.
B.
Work exempt from permit. Permits shall not be required for the following.
Exemption from permit requirements of this Code shall not be deemed
to grant authorization for any work to be done in any manner in violation
of the provisions of this Code or any other laws or ordinances of
this jurisdiction.
(1)
Building.
(a)
Fences.
(b)
Water tanks supported directly upon grade if the capacity does
not exceed 5,000 gallons (18,927 liters) and the ratio of height to
diameter or width does not exceed two to one.
(c)
Private sidewalks, driveways and patios. Exception, zoning review
for placement only.
[Amended 10-7-2019 by Ord. No.
19-09-02]
(d)
Painting, papering, tiling, carpeting, cabinets, counter tops
and similar finish work.
(e)
Temporary motion-picture, television and theater stage sets
and scenery.
(f)
Prefabricated swimming pools that are less than 24 inches (610
mm) deep.
(g)
Swings and other playground equipment.
(h)
Window awnings supported by an exterior wall which do not project
more than 54 inches (1,372 mm) from the exterior wall and do not require
additional support of Group R-3 and U occupancies.
(i)
Movable cases, counters and partitions not over five feet nine
inches (1,753 mm) in height.
(2)
Gas. All gas permit requirements shall be in accordance with Chapter 116, Fuel Gas Code, in the Code of the Town of Middletown.
[Amended 10-7-2019 by Ord. No.
19-09-02]
(a)
Portable heating, cooking or clothes drying appliances.
(b)
Replacement of any minor part that does not alter approval of
equipment or make such equipment unsafe.
(c)
Portable-fuel-cell appliances that are not connected to a fixed
piping system and are not interconnected to a power grid.
(d)
Gas fireplace appliances, but they must comply with manufacturer
installation instructions.
(e)
Gas pool appliances, but they must comply with manufacturer
installation instructions.
(3)
Mechanical. All mechanical requirements shall be in accordance with Chapter 96, Mechanical Standards, in the Code of the Town of Middletown.
[Amended 10-7-2019 by Ord. No.
19-09-02]
(a)
Portable heating appliances.
(b)
Portable ventilation appliances.
(c)
Portable cooling units.
(d)
Steam, hot or chilled water piping within any heating or cooling
equipment regulated by this Code.
(e)
Replacement of any minor part that does not alter approval of
equipment or make such equipment unsafe.
(f)
Portable evaporative coolers.
(g)
Self-contained refrigeration systems containing 10 pounds (4.54
kg) or less of refrigerant or that are actuated by motors of one horsepower
(746 W) or less.
(h)
Portable-fuel-cell appliances that are not connected to a fixed
piping system and are not interconnected to a power grid.
(4)
Plumbing. All plumbing requirements shall be in accordance with Chapter 115, Plumbing, in the Code of the Town of Middletown. Exception, Chapter 29, Water supply and distribution, Section P2904 Dwelling unit fire sprinkler systems, of the International Residential Code.
[Amended 10-7-2019 by Ord. No.
19-09-02]
(a)
The stopping of leaks in drains, water, soil, waste or vent
pipe; provided, however, that if any concealed trap, drainpipe, water,
soil, waste or vent pipe becomes defective and it becomes necessary
to remove and replace the same with new material, such work shall
be considered as new work and a permit shall be obtained and inspection
made as provided in this Code.
(b)
The clearing of stoppages or the repairing of leaks in pipes,
valves or fixtures, and the removal and reinstallation of water closets,
provided such repairs do not involve or require the replacement or
rearrangement of valves, pipes or fixtures.
C.
Emergency repairs. Where equipment replacements and repairs must
be performed in an emergency situation, the permit application shall
be submitted within the next working business day to the Licensing
and Inspection Department.
D.
Repairs. Application or notice to the Licensing and Inspection Department
is not required for ordinary repairs to structures, replacement of
lamps or the connection of approved portable electrical equipment
to approved permanently installed receptacles. Such repairs shall
not include the cutting away of any wall, partition or portion thereof,
the removal or cutting of any structural beam or load-bearing support,
or the removal or change of any required means of egress, or rearrangement
of parts of a structure affecting the egress requirements; nor shall
ordinary repairs include addition to, alteration of, replacement or
relocation of any water supply, sewer, drainage, drain leader, gas,
soil, waste, vent or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
E.
Public service agencies. A permit shall not be required for the installation,
alteration or repair of generation, transmission, distribution, metering
or other related equipment that is under the ownership and control
of public service agencies by established right.
F.
Application for permit. To obtain a permit, the applicant shall first
file an application therefor in writing on a form furnished by the
Licensing and Inspection Department for that purpose. Such application
shall:
(1)
Identify and describe the work to be covered by the permit for which
application is made.
(2)
Describe the land on which the proposed work is to be done by legal
description, street address or similar description that will readily
identify and definitely locate the proposed building or work.
(3)
Indicate the use and occupancy for which the proposed work is intended.
(4)
Be accompanied by construction documents and other information as
required by adopted codes and the Town of Middletown.
(5)
State the valuation of the proposed work.
(6)
Be signed by the applicant or the applicant's authorized agent.
(7)
Give such other data and information as required by the department
supervisor.
G.
Action on application. The department supervisor shall examine or
cause to be examined applications for permits and amendments thereto
within a reasonable time after filing. If the application or the construction
documents do not conform to the requirements of pertinent laws, the
department supervisor shall reject such application in writing, stating
the reasons therefor. If the department supervisor is satisfied that
the proposed work conforms to the requirements of this Code and laws
and ordinances applicable thereto, the department supervisor shall
issue a permit therefor as soon as practicable.
H.
Time limitation of application. An application for a permit for any
proposed work shall be deemed to have been abandoned one year after
the date of filing unless such application has been pursued in good
faith or a permit has been issued; except that the department supervisor
is authorized to grant one or more extensions of time for additional
periods not exceeding one year each. The extension shall be requested
in writing and justifiable cause demonstrated.
I.
Validity of permit. The issuance or granting of a permit shall not
be construed to be a permit for, or an approval of, any violation
of any of the provisions of this Code or of any other ordinance of
the jurisdiction. Permits presuming to give authority to violate or
cancel the provisions of this Code or other ordinances of the jurisdiction
shall not be valid. The issuance of a permit based on construction
documents and other data shall not prevent the department supervisor
from requiring the correction of errors in the construction documents
and other data. The department supervisor is also authorized to prevent
occupancy or use of a structure where in violation of this Code or
of any other ordinances of this jurisdiction.
J.
Expiration. Every permit issued shall become invalid unless the work
authorized by such permit is commenced within one year after its issuance,
or if the work authorized by such permit is suspended or abandoned
for a period of one year after the time the work is commenced. The
department supervisor is authorized to grant, in writing, one or more
extensions of time, for periods of not more than one year each. The
extension shall be requested in writing and justifiable cause demonstrated.
K.
Suspension or revocation. The department supervisor is authorized
to suspend or revoke a permit issued under the provisions of this
Code wherever the permit is issued in error or on the basis of incorrect,
inaccurate or incomplete information, or in violation of any ordinance
or regulation or any of the provisions of this Code.
L.
Placement of permit. The building permit or copy thereof shall be
kept on the site of the work and conspicuously displayed at a location
visible from the street until the completion of the project.
M.
Responsibility. It shall be the duty of every person who performs
work for the installation or repair of building, structure, electrical,
gas, mechanical or plumbing systems, for which this Code is applicable,
to comply with this Code.
N.
Preliminary inspection. Before issuing a permit, the department supervisor
is authorized to examine, or cause to be examined, buildings, structures
and sites for which an application has been filed.
[Added 10-7-2019 by Ord. No. 19-09-02]
A.
Submittal documents.
(1)
Construction documents, special inspection and structural observation
programs and other data shall be submitted in one or more sets with
each application for a permit. The construction documents shall be
prepared by a registered design professional where required by the
statutes of the jurisdiction in which the project is to be constructed.
Where special conditions exist, the department supervisor is authorized
to require additional construction documents to be prepared by a registered
design professional.
(2)
Exception. The department supervisor 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 reviewing of construction documents
is not necessary to obtain compliance with this Code.
B.
Information on construction documents. Construction documents shall
be drawn upon suitable material. Electronic media documents are permitted
to be submitted when approved by the department supervisor. Construction
documents shall be of sufficient clarity to indicate the location,
nature and extent of the work proposed and show in detail that it
will conform to the provisions of this Code and relevant laws, ordinances,
rules and regulations, as determined by the department supervisor.
C.
Manufacturer's installation instructions. Manufacturer's
installation instructions, as required by this Code, shall be available
on the job site at the time of inspection.
D.
Site plan. The construction documents submitted with the application
for permit shall be accompanied by a site plan showing the size and
location of new construction and existing structures on the site and
distances from lot lines. In the case of demolition, the site plan
shall show construction to be demolished and the location and size
of existing structures and construction that are to remain on the
site or plot. The department supervisor is authorized to waive or
modify the requirement for a site plan when application for permit
is for alteration or repair, or where otherwise warranted.
[Amended 10-7-2019 by Ord. No.
19-09-02]
E.
Examination of documents. The department supervisor shall examine
or cause to be examined construction documents for Code compliance.
F.
Approval of construction documents. When the department supervisor
issues a permit, the construction documents shall be approved, in
writing or by a stamp which states "APPROVED." One set of construction
documents so reviewed shall be retained by the Licensing and Inspection
Department. The other set shall be returned to the applicant, shall
be kept at the site of work and shall be open to inspection by the
department supervisor or his or her authorized representative.
G.
Previous approvals. This Code shall not require changes in the construction
documents, construction or designated occupancy of a structure for
which a lawful permit has been heretofore issued or otherwise lawfully
authorized, and the construction of which has been pursued in good
faith within one year after the effective date of this Code and has
not been abandoned.
H.
Phased approval. The department supervisor is authorized to issue
a permit for the construction of foundations or any other part of
a building or structure before the construction documents for the
whole building or structure have been submitted, provided that adequate
information and detailed statements have been filed complying with
pertinent requirements of this Code. The holder of such permit for
the foundation or other parts of a building or structure shall proceed
at the holder's own risk with the building operation and without
assurance that a permit for the entire structure will be granted.
I.
Amended construction documents. Work shall be installed in accordance
with the approved construction documents, and any changes made during
construction that are not in compliance with the approved construction
documents shall be resubmitted for approval as an amended set of construction
documents.
J.
Retention of construction documents. One set of approved construction
documents shall be retained by the Licensing and Inspection Department
for a period of not less than one year from date of completion of
the permitted work, or as required by state or local laws.
A.
General. The department supervisor is authorized to issue a permit
for temporary structures and temporary uses. Such permits shall be
limited as to time of service, but shall not be permitted for more
than one year. The department supervisor is authorized to grant extensions
for demonstrated cause.
B.
Conformance. Temporary structures and uses shall conform to the structural
strength, firesafety, means of egress, light, ventilation and sanitary
requirements of this Code as necessary to ensure the public health,
safety and general welfare.
C.
Temporary power. The department supervisor is authorized to give
permission to temporarily supply and use power in part of an electric
installation before such installation has been fully completed and
the final certificate of completion has been issued. The part covered
by the temporary certificate shall comply with the requirements specified
for temporary lighting, heat or power in the National Electrical Code.
D.
Termination of approval. The department supervisor is authorized
to terminate such permit for a temporary structure or use and to order
the temporary structure or use to be discontinued.
A.
Payment of fees. A permit shall not be valid until the fees prescribed
by law have been paid; nor shall an amendment to a permit be released
until the additional fee, if any, has been paid.
B.
Schedule of permit fees. On buildings, structures, electrical, gas,
mechanical and plumbing systems or alterations requiring a permit,
a fee for each permit shall be paid as required, in accordance with
the schedule as established by the applicable governing authority.
C.
Building permit valuations. Building permit valuation shall include
total value of the work for which a permit is being issued, such as
electrical, gas, mechanical, plumbing equipment and other permanent
systems, including evaluation of total project cost.
D.
Related fees. The payment of the fee for the construction, alteration,
removal or demolition for work done in connection with or concurrently
with the work authorized by a building permit shall not relieve the
applicant or holder of the permit from the payment of other fees that
are prescribed by law.
A.
Types of inspections. For on-site construction, from time to time
the department supervisor, upon notification from the permit holder
or his agent, shall make or cause to be made any necessary inspections
and shall either approve that portion of the construction as completed
or shall notify the permit holder or his or her agent wherein the
same fails to comply with this Code. Construction or work for which
a permit is required shall comply with the provisions of inspections
of all adopted codes and the Town of Middletown.
B.
Foundation inspection. Inspection of the foundation shall be made
after poles or piers are set or trenches or basement areas are excavated
and any required forms erected and any required reinforcing steel
is in place and supported prior to the placing of concrete. The foundation
inspection shall include excavations for thickened slabs intended
for the support of bearing walls, partitions, structural supports,
or equipment and special requirements for wood foundations.
C.
Plumbing, mechanical, gas and electrical systems inspection. Rough
inspection of plumbing, mechanical, gas and electrical systems shall
be made prior to covering or concealment, before fixtures or appliances
are set or installed, and prior to framing inspection. Exception:
Ground-source heat pump loop systems tested in accordance with Section
1208.1.1 of the International Mechanical Code shall be permitted to
be backfilled prior to inspection.
D.
Frame and masonry inspection. Inspection of framing and masonry construction
shall be made after the roof, masonry, all framing, fire stopping,
draft stopping and bracing are in place and after the plumbing, mechanical
and electrical rough inspections are approved.
E.
Other inspections. In addition to the called inspections above, the
department supervisor may make or require any other inspections to
ascertain compliance with this Code and other laws enforced by the
department supervisor. Required inspections for new home construction
and all applicable permit packs are additional provisions of this
code.
[Amended 10-7-2019 by Ord. No.
19-09-02]
F.
Fire-resistance-rated construction inspection. Where fire-resistance-rated
construction is required between dwelling units or due to location
on property, the department supervisor shall require an inspection
of such construction after all lathing and/or wallboard is in place,
but before any plaster is applied, or before wall board joints and
fasteners are taped and finished.
G.
Reinforced masonry, insulating concrete form (ICF) and conventionally
formed concrete wall inspection. Reinforced masonry walls, insulating
concrete form (ICF) walls and conventionally formed concrete walls
located in seismic design (Categories D, D, D, and E) shall be inspected
after plumbing, mechanical, and electrical systems embedded within
the walls, and reinforcing steel are in place and prior to placement
of grout or concrete. Inspection shall verify the correct size, location,
spacing and lapping of reinforcing. For masonry walls, inspection
shall also verify that the location of grout cleanouts and size of
grout spaces comply with the requirements of this Code.
H.
Final inspection. Final inspection shall be made after the permitted
work is complete and prior to occupancy.
I.
Inspection agencies. The department supervisor is authorized to accept
reports of approved agencies, provided such agencies satisfy the requirements
as to qualifications and reliability.
J.
Inspection requests. It shall be the duty of the permit holder or
his or her agent to notify the department supervisor that such work
is ready for inspection. It shall be the duty of the person requesting
any inspections required by this Code to provide access to and means
for inspection of such work.
K.
Approval required. Work shall not be done beyond the point indicated
in each successive inspection without first obtaining the approval
of the department supervisor. The department supervisor, upon notification,
shall make the requested inspections and shall either indicate the
portion of the construction that is satisfactory as completed, or
shall notify the permit holder or an agent of the permit holder wherein
the same fails to comply with this Code. Any portions that do not
comply shall be corrected, and such portion shall not be covered or
concealed until authorized by the department supervisor.
A.
Use and occupancy.
(1)
No building or structure shall be used or occupied, and no change
in the existing occupancy classification of a building or structure
or portion thereof shall be made, until the department supervisor
has issued a certificate of occupancy therefor as provided herein.
Issuance of a certificate of occupancy shall not be construed as an
approval of a violation of the provisions of this Code or of other
ordinances of the jurisdiction. Certificates presuming to give authority
to violate or cancel the provisions of this Code or other ordinances
of the jurisdiction shall not be valid.
(2)
Exceptions. Certificates of occupancy are not required for work exempt
from permits.
B.
As-builts.
[Added 4-1-2013 by Ord. No. 13-03-01[1]]
(1)
All
single-family detached and semidetached dwelling units shall submit
a final grade as-built, signed and sealed by a Delaware registered
professional engineer or professional land surveyor, to the department
supervisor prior to the issuance of a certificate of occupancy. The
intent of the as-built is to certify that the lot has been graded
in accordance with the approved grading plan for the lot.
(2)
If for
any reason the as-built indicates that the final grade does not meet
the approved grading plan, the department supervisor shall have the
authority to decide whether to withhold the certificate of occupancy
until the required corrections are made, or allow the issuance of
the certificate of occupancy contingent upon the required corrections
being made in a time frame determined by the department supervisor.
A revised as-built shall be submitted to the department supervisor
upon completion of the corrections.
(3)
Townhouse
units shall submit the final grade as-built for the side and rear
yards prior to the issuance of the certificate of occupancy for the
first dwelling unit in the group. Front yards for townhouse units
shall be excluded from the as-built requirement to allow for the construction
of improvements including, but not limited to, driveways, steps, porches
and sidewalks.
(4)
A winter
yard grading letter will be accepted by the department supervisor
for the period of December 15 through May 15 of the following year.
The letter shall state that all disturbed areas have been straw and
tacked to receive the certificate of occupancy. After May 15, an as-built,
signed and sealed by a Delaware registered professional engineer or
professional land surveyor, shall be submitted to the department supervisor
no later than June 15 of the same year for review. Failure by the
builder to submit an as-built by June 15 will result in further action
by the department supervisor, including, but not limited to, the suspension
of inspections until the builder has completed and submitted an approved
as-built.
C.
Certificate issued. After the code official inspects the building
or structure and finds no violations of the provisions of this Code
or other laws that are enforced by the Licensing and Inspection Department,
the department supervisor shall issue a certificate of occupancy which
shall contain the following:
(1)
The building permit number.
(2)
The address of the structure.
(3)
The name and address of the owner.
(4)
A description of that portion of the structure for which the certificate
is issued.
(5)
A statement that the described portion of the structure has been
inspected for compliance with the requirements of this Code.
(6)
The name of the department supervisor.
(7)
The edition of the code under which the permit was issued.
(8)
If an automatic sprinkler system is provided and whether the sprinkler
system is required.
(9)
Any special stipulations and conditions of the building permit.
D.
Temporary occupancy. The department supervisor is authorized to issue
a temporary certificate of occupancy before the completion of the
entire work covered by the permit, provided that such portion or portions
shall be occupied safely. The department supervisor shall set a time
period during which the temporary certificate of occupancy is valid.
E.
Revocation. The department supervisor shall, in writing, suspend
or revoke a certificate of occupancy issued under the provisions of
this Code wherever the certificate is issued in error, or on the basis
of incorrect information supplied, or where it is determined that
the building or structure or portion thereof is in violation of any
ordinance or regulation or any of the provisions of this Code.
A.
Connection of service utilities. No person shall make connections
from a utility, source of energy, fuel or power to any building or
system that is regulated by this Code for which a permit is required,
until approved by the department supervisor.
B.
Temporary connection. The department supervisor shall have the authority
to authorize and approve the temporary connection of the building
or system to the utility, source of energy, fuel or power.
C.
Authority to disconnect service utilities. The department supervisor
shall have the authority to authorize disconnection of utility service
to the building, structure or system regulated by this Code and the
codes referenced in case of emergency where necessary to eliminate
an immediate hazard to life or property. The department supervisor
shall notify the serving utility and, wherever possible, the owner
and occupant of the building, structure or service system of the decision
to disconnect prior to taking such action. If not notified prior to
disconnecting, the owner or occupant of the building, structure or
service system shall be notified in writing, as soon as practical
thereafter.
[Added 4-6-2015 by Ord.
No. 15-03-01[1]]
A.
Any entity aggrieved by any decision of the Licensing and Inspections
Department for the Town of Middletown, and after a meeting with the
Supervisor of the Department, shall have the right to appeal to the
Town Council by filing a written appeal with the Town Council within
30 days following the effective date of the action or decision complained
of. The appeal shall set out a copy of the order or decision appealed
from and shall include a statement of the facts relied upon to avoid
the order.
B.
The Town Council shall fix a time and place for hearing said appeal
and shall serve a written notice upon the entity requesting the appeal,
informing such entity of the hearing. The Town Council shall also
give notice to the Department Supervisor, who shall be entitled to
appear to defend the order. The findings of the Town Council shall
be final and conclusive and shall be served upon the person who requested
the appeal.
[1]
Editor's Note: This ordinance also repealed former § 40-10,
Board of Appeals.
A.
Unlawful acts. It shall be unlawful for any person, firm or corporation
to erect, construct, alter, extend, repair, move, remove, demolish
or occupy any building, structure or equipment regulated by this Code,
or cause same to be done, in conflict with or in violation of any
of the provisions of this Code.
B.
Notice of violation. The department supervisor is authorized to serve
a notice of violation or order on the person responsible for the erection,
construction, alteration, extension, repair, moving, removal, demolition
or occupancy of a building or structure in violation of the provisions
of this Code, or in violation of a detail statement or a plan approved
thereunder, or in violation of a permit or certificate issued under
the provisions of this Code. Such order shall direct the discontinuance
of the illegal action or condition and the abatement of the violation.
C.
Prosecution of violation. If the notice of violation is not complied
with in the time prescribed by such notice, the Town Manager is authorized
to request the legal counsel of the jurisdiction to institute the
appropriate proceeding at law or in equity to restrain, correct or
abate such violation, or to require the removal or termination of
the unlawful occupancy of the building or structure in violation of
the provisions of this Code or of the order or direction made pursuant
thereto.
D.
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, alters or repairs a building or structure in violation
of the approved construction documents or directive of the department
supervisor, or of a permit or certificate issued under the provisions
of this Code shall be subject to penalties as prescribed by law.
A.
Authority. Whenever the department supervisor finds any work regulated
by this Code being performed in a manner either contrary to the provisions
of this Code or dangerous or unsafe, the department supervisor is
authorized to issue a stop-work order.
B.
Issuance. The stop-work order shall be in writing and shall be given
to the owner of the property involved, or to the owner's agent, or
to the person doing the work. Upon issuance of a stop-work order,
the cited work shall immediately cease. The stop-work order shall
state the reason for the order, and the conditions under which the
cited work will be permitted to resume.
C.
Unlawful continuance. Any person who shall continue any work in or
about the structure 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 subject to penalties as prescribed
by law.
