Ordinance 06-10: Adoption of International Building Code

An ordinance of the Town of Townsend adopting the 2003 edition of the International Building Code, regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures in the Town of Townsend; providing for the issuance of permits and collection of fees therefore; repealing the 1996 adoption of the BOCA Code of the Town of Townsend and all other ordinances and parts of the ordinances in conflict therewith.

Section 1

That a certain document, three (3) copies of which are on file in the office of the Town Clerk of the Town of Townsend. Being marked and designated as the International Building Code, 2003 edition, including:

Appendix G – Flood-Resistant Construction
Appendix I – Patio Covers
Appendix J – Grading

as published by the International Code Council, be and is hereby adopted as the Building Code of the Town of Townsend, in the State of Delaware for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use the demolition of such structures as herein provided; providing for the issuance of permits and collections of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Building Code on file in the office of the Town of Townsend are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance.

Section 2

The following sections are hereby revised:

Section 101.1 Insert: {Town of Townsend}
Section 1612.3. Insert: {Town of Townsend}
Section 1612.3. Insert: {DNREC 03/17/05}
Section 3410.2. Insert: {April 1885}

Section 3

That the 1996 adoption of the BOCA Code in the Town of Townsend and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.

Section 4

That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Town of Townsend hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses and phrases be declared unconstitutional.

Section 5

That nothing in this ordinance or in the Building Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability, incurred, or any cause or causes of action acquired or existing, under any act or ordinances hereby repealed as cited in Section 2 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

Section 6

The Town of Townsend will be adopting the following International codes as stand alone ordinances:

2003 – International Zoning Code o Reason: To adjoin with the present Unified Development Codes
2003 – International Property Maintenance Code o Reason: To allow grandfather clause on certain structures.

Section 7

That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect [APRIL 1, 2006] from and after the date of this final passage and adoption.

First & Second Reading: March 1st, 2006 Public Hearing: March 1st, 2006 Third & Final Reading: March 22, 2006 Signed by Mayor, David B. Raughley

 

 

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