City of New Castle, DE Chapter 162 Mechanical Standards

[HISTORY: Adopted by The Mayor and Council of New Castle 6-21-2002 by Ord. No. 413;[1] amended in its entirety 7-14-2020 by Ord. No. 527. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 102.

Building standards for one- and two-family dwellings — See Ch. 103.

Floodplain management — See Ch. 130.

Housing standards — See Ch. 140.

Dangerous and vacant buildings — See Ch. 141.

[1] Editor's Note: This ordinance also repealed former Ch. 162, Mechanical Standards, adopted 10-10-1995 by Ord. No. 369, as amended.

§ 162-1 Adoption of standards.

Pursuant to 24 Del. C. Ch. 18, the Department of Land Use shall enforce the most recent version of the International Mechanical Code published by the International Code Council as adopted or State Board of Plumbing, Heating, Air Conditioning, Ventilation and Refrigeration Examiners. Certain documents on file in the office of the Office of Code Enforcement, being marked and designated as the "International Mechanical Code, 2018 Edition," published by the International Code Council, Inc., is hereby adopted as the mechanical code of the City regulating the design, construction, quality of materials, erection, installation, alternation, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems in the City, and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such International Mechanical Code, 2018 Edition, are hereby adopted and made a part of this chapter, as if fully set out herein, with the following amendments prescribed as follows:

§ 162-2 Additions, insertions and changes.

A. The following sections of the International Mechanical Code are hereby revised as follows. Note: Although the International Mechanical Code does not identify sections with an "M" designation, such a designation is utilized to avoid any confusion as to what Code the amendment relates.

(1) Section M101.1. Insert: "the City of New Castle."

(2) Section M103 is renamed "Office of Code Enforcement."

(3) Section M103.1 entitled "General" is deleted and replaced with the following:

M103.1 General. The Office of Code Enforcement shall be charged with the enforcement of this code and the executive official in charge thereof shall be known as the Code Official.

(4) 106.5.2 Insert: "See fee schedule in Ch. A239."

(5) Section M106.5.3.2. Insert: "50%."

(6) Section M106.5.3.3. Insert: "75%."

(7) Section M108.4. Insert: "misdemeanor," "$100," "30 days."

(8) Section M108.5. Insert: "$100," "$1,000."

(9) Section M109.1 entitled "Application for appeal" relating to appeals from decisions of the Code Official is deleted and replaced by the following:

M109.1 General. Any person aggrieved by any order, decision, requirement or determination made by the Code Official relative to the application and interpretation of this code may be appealed to the Board of Adjustment in accordance with the provisions of § 230-55 of the City Code. The Board of Adjustment shall have jurisdiction to hear and decide appeals where it is alleged there is error in any order, decision, requirement or determination made by the Code Official in the application and interpretation of this code.

§ 162-3 Conflicts with International Code.

Any conflicts between the provisions of this chapter and the International Mechanical Code, 2018 Edition, shall be resolved by the Code Official in a manner best designed to ensure the public health and safety.

§ 162-4 Savings clause.

No suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing under any act or ordinance at the time of the adoption of this chapter shall be affected by the provisions of this chapter.