§ 4105. Exemptions.
405 words·~2 min read·
/de/title-31/chapter-41-delaware-state-housing-code/subchapter-i-applicability-and-adoption/4105·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)This chapter does not replace or modify requirements otherwise established for the construction, repair, alteration or use of buildings and facilities related thereto.
(b)Nothing in this chapter shall be deemed to abolish or impair existing rights or remedies of a county or municipality or its officers or agencies relating to the removal or demolition of any buildings which are deemed to be unsafe or unsanitary.
(c)The Delaware State Housing Code shall not apply to any existing single family owner-occupied residential structure. The provisions shall become and remain applicable upon the rental or sale of such residential structure after July 17, 1990. The Delaware State Housing Code shall not apply to any existing resort residential structure with an occupancy limited to the months of May through September inclusively.
(d)When there are practical difficulties involved in carrying out the provisions of this Code, such that the literal application of the requirements of the Code would cause undue hardship or the displacement of low income occupants with no affordable housing alternatives, the code official is permitted to vary or modify such provision or provisions upon written application of the owner or the owner’s representative; provided, that the spirit and intent of the law shall be observed and public welfare and safety be assured.
(e)The State Housing Code shall not be administered in any community which has enacted its own code which contains minimum standards for the promotion and protection of the safety and health of the public which are equal to or exceed the standards established by subchapter II of this chapter and administration and enforcement procedures which are substantially equivalent to those set forth in subchapter III of this chapter, as determined by the Housing Director. At the request of any community which has adopted a housing code, the Housing Director shall provide written notice to the community of its determination, stating the reasons therefore. Provided, however, that if such community thereafter seeks to amend, alter or otherwise change its housing code, it shall provide the Housing Director with a copy of such proposed change. In such a case, the Housing Director shall notify such community in writing within 60 days of receipt of such proposed change of its determination whether such proposed change meets the standards set forth in this subsection, and, in such case, the State Housing Code shall not be administered in such community, notwithstanding such amendment or change.