[HISTORY: Adopted by the Mayor and Council of the Town of Middletown 6-1-2009 by Ord. No. 09-05-03; amended in its entirety 10-7-2019 by Ord. No. 19-09-02. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Administration of Licensing and Inspection Department — See Ch. 40.
Building construction — See Ch. 41.
Existing buildings — See Ch. 43.
Energy code — See Ch. 44.
Licensing of contractors — See Ch. 51.
Fire prevention — See Ch. 74.
Housing standards — See Ch. 86.
Mechanical standards — See Ch. 96.
Plumbing — See Ch. 115.
Fuel gas code — See Ch. 116.
Property maintenance — See Ch. 119.
Sanitary standards — See Ch. 132.
A certain document, a copy of which is on file in the office of the Town Clerk of the Town of Middletown, being marked and designated as the International Residential Code, 2018 edition, as published by the International Code Council Inc., be and is hereby adopted as the residential building code of the Town of Middletown in the state of Delaware for the control of building and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Residential Code are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 42-2 of this chapter.
The following additions, insertions and changes are adopted:
A. 
Chapter 1 Administration.
(1) 
Chapter 1, Administration, is amended by deleting the chapter in its entirety and substituting the following: Chapter 40, Administration, Code of the Town of Middletown.
B. 
Chapter 2 Definitions.
(1) 
Section R202, Definitions, is amended by adding the following definition:
DECORATIVE COATING
A single coat of plaster, cement or other approved material applied to concrete or masonry for cosmetic purposes only.
C. 
Chapter 3 Building and Planning.
(1) 
Table R301.2(1), Climatic and Geographic Design Criteria, is filled in as follows:
Ground snow load: 25 lbs. per square feet
Wind design, Speed: 115 mph
Wind design, Topographic effects: No
Wind design, Special wind region: No
Wind design, Wind-borne debris zone: No
Seismic design category: B
Subject to damage from, Weathering: Severe
Subject to damage from, Frost line depth: 32 inches
Subject to damage from, Termite: Yes, moderate to heavy
Winter design temp: 15° F.
Ice barrier underlayment required: No
Flood hazards: January 17, 2007, or current flood hazard maps pursuant to the Federal Emergency Management of Delaware
Air freezing index: 59.6
Mean annual design temp: 54° F.
(2) 
Table R 301.2(1) Manual J Design Criteria is filled in as follows:
Elevation: 78 feet
Latitude: 39°
Winter heating: 14° F.
Summer cooling: 89° F.
Altitude correction factor: 1.0
Indoor design temperature: 72° F.
Design temperature cooling: 75° F.
Heating temperature difference: 58° F.
Cooling temperature difference: 14° F.
Wind velocity heating: 15 miles per hour
Wind velocity cooling: 7.5 miles per hour
Coincident wet bulb: 74
Daily range: M
Winter humidity: 50%
Summer humidity: 50%
(3) 
Section R302.6, Dwelling/garage fire separation, is amended by deleting the table in its entirety and substituting the following:
Table 302.6, Dwelling: Garage Separation
From the residence: not less than double 5/8-inch type X gypsum board or equivalent
From garage attic space: not less than 1/2-inch gypsum board or equivalent applied to the garage side
From habitable rooms above the garage: not less than double 5/8-inch Type X gypsum board or equivalent
Structure(s) supporting flooring assemblies used for separation required by this section: not less than double 5/8-inch Type X gypsum board or equivalent
Structure(s) supporting ceiling assemblies used for separation required by this section: not less than 1/2-inch gypsum board or equivalent
Garages located less than 3 feet from the dwelling unit on the same lot with wall(s) that face the dwelling, side by side: not less than double 5/8-inch Type X gypsum board or equivalent. All other walls not less than 1/2-inch gypsum board or equivalent
Concrete-filled steel lolly columns used in the structure supporting the separation shall not require a gypsum board application.
(4) 
Section R303.3, Bathrooms, is amended by deleting the exception and adding to the end of the paragraph: "Mechanical ventilation systems shall be required. The minimum ventilation rate shall be 50 cubic feet per minute (24 l/s) for intermediate ventilation or 20 cubic feet per minute (10 l/s) for continuous ventilation. Ventilation air from the space shall be exhausted directly to the outside."
(5) 
Section R303.6, Outside opening protection, is amended by deleting the subsection in its entirety.
(6) 
Section R309.1, Floor surface, is amended by deleting the second sentence and substituting the following: "That area of the floor used for parking automobiles or other vehicles shall have a four-inch step between the garage and the living space and shall be sloped to facilitate the movement of liquids toward the main vehicle entry doorway."
(7) 
Section R311.2, Egress door, is amended by deleting the fourth sentence and substituting "All interior doors and openings in the path of egress shall have a minimum width of two feet six inches and a minimum height of six feet six inches. Doors to bathrooms or powder rooms shall have a width of two feet four inches."
(8) 
Section R312.1.3, Openings limitations, is amended by adding the following sentence to the end of the paragraph: "Required guards shall not be constructed with horizontal rails or other ornamental pattern that results in a ladder effect."
(9) 
Section R313, Automatic fire sprinkler systems, is amended:
R313.1 Townhouse automatic fire sprinkler systems is amended by deleting the word "shall" in the first sentence and inserting "may."
R313.2 One- and two-family dwellings automatic fire sprinkler systems is amended by deleting the word "shall" in the first sentence and inserting "may."
(10) 
Section R317.1, Location required, Number 2 is amended in the second and third line by deleting "and are less than eight inches (203mm) from exposed ground."
(11) 
Section R328, Sanitary, is amended by renumbering the section as follows:
Section R328, Sanitary.
Section R328.1, Facilities required. Sanitary facilities shall be provided during construction, remodeling or demolition activities in accordance with the International Plumbing Code.
Section R328.2, Storage of construction and demolition waste. Construction and demolition waste may be stored upon the land where actual construction or demolition is in progress; provided, however, that such waste shall not be stored for a period exceeding 120 days and all other waste not stored in a dumpster shall not be stored for periods exceeding 30 days.
Section R328.3 Handling and storage of construction and demolition waste, trash, and litter. During all construction activities, the lot(s) shall be kept neat of trash and building materials. All construction sites shall be required to obtain and maintain on the site a container of suitable size and design to hold and confine trash, scraps, and other construction and demolition waste created or accumulated on the site, which might be blown from the site. All such construction refuse shall be maintained in a closed container of sufficient depth to prevent construction and demolition waste from blowing out of the container, at all times, until transferred to a landfill. Containers may be placed in setback areas, provided that the placement of the container does not obstruct the view of motorists and thereby create traffic hazards. It shall be a violation to permit accumulated debris, litter, or trash attributable to the construction site and the construction activity to blow or scatter onto adjoining properties, including the public street, or to accumulate on the site outside of the container, or in transit to a landfill or dump. The owner or contractor shall service the container as frequently as needed to prevent trash from overflowing.
Section 328.4, Final. A final cleanup is required, the removal of portable toilets, storage containers, building debris and debris storage containers is required prior to final inspection of the parcel.
Section R328.5, Enforcement. Any person who fails to comply with the requirements found in this section shall be subject to the penalty and enforcement provisions of the Code of The Town of Middletown.
D. 
Chapter 4. Foundations.
(1) 
Section R403.1.1, Minimum size, is amended by adding this sentence after the third sentence of this section: "All footing shall be provided with a thickness of not less than eight inches and deleting six inches (152 mm) in Tables R403.1(1) through R403.1(3) and figure R403.1(1) or 403.1.3 as applicable.
(2) 
Section R404.1.7, Backfill placement, is amended by deleting the subsection in its entirety and substituting the following:
Section R404.1.7, Backfill placement. Backfill shall not be placed against the wall until the wall has sufficient strength to prevent damage by the backfill.
(3) 
Section R405.2.3, Drainage system, is amended by deleting the section in its entirety and substituting the following:
Section R405.2.3, Drainage system. In other than Group I soils a sump shall be provided to drain the porous layer and footings. The sump shall be at least 18 inches in diameter or 18 inches square, shall have a depth of at least 24 inches below the bottom of the basement floor and shall be capable or positive gravity or mechanical drainage to remove accumulated water. The sump piping shall conform to the International Plumbing Code, P702 and P1113. The sump shall discharge to the exterior of the structure at a sufficient distance to prevent recycling. The sump pump crock must have a removable cover designed for such purpose.
(4) 
Section R406.2, Concrete and masonry foundation waterproofing, Number 5, is amended after the phrase "40 mil (1mm) polymer-modified asphalt" by adding the phrase "or other method approved by the department supervisor."
(5) 
Section R407.3, Structural requirements, is amended by deleting the first sentence and substituting: "The columns shall be restrained to prevent lateral displacement at the top end and the bottom end."
E. 
Chapter 11. Energy Efficiency.
(1) 
Chapter 11, Energy Efficiency, is amended by deleting the chapter in its entirety and substituting the following:
Section N1101, Criteria, Buildings shall be designed and constructed in accordance with the State of Delaware's current edition of the International Code Council's (ICC) International Energy Conservation Code, as adopted by the State of Delaware, the State of Delaware Department of Energy, pursuant to the Delaware Code Chapter 76, Title 16, Subsection 7602.
F. 
Chapter 12 Mechanical Administration through and including Chapter 43. Class 2 Remote-Control, Signaling and Power-Limited Circuits.
(1) 
Section M1201 through and including Section E4304.5, together with all tables and figures contained therein, are amended by deleting the chapters in their entirety. Exception, Chapter 29, Water Supply and Distribution, Section 2904 Dwelling unit fire sprinkler systems, is adopted in its entirety including any references within that section.
G. 
Appendix J, Existing Buildings and Structures, is adopted in its entirety.