Delaware General Assembly

Signed 6/30/05

The General Assembly has ended, the current status is the final status.

6/14/05

Oberle

Sen. Sokola

Reps. Hudson, Ennis, Keeley, Lofink, VanSant

AN ACT TO AMEND TITLE 16 AND TITLE 9 OF THE DELAWARE CODE RELATING TO HEALTH AND SAFETY AND NEW CASTLE COUNTY.

Section 7601 grants to municipal and County governments by specific enumeration the power to adopt and enforce building codes, plumbing codes, electrical codes or similar codes. This Act clarifies that the specific grant of power does not limit the municipal and County governments to the issue of determining whether building permits should be issued. Rather, municipal and County governments shall have all powers related to the adoption, administration and enforcement of building codes, plumbing codes, electrical codes or similar codes that are not denied by statute. Thus, this Act makes the provisions consistent with Article 11, Section 25 of the Delaware Constitution of 1897. This Act deletes Chapter 81 and Chapter 83 of Title 16. These Chapters are specific to New Castle County and many of the provisions contained therein are outdated. To provide consistency with location of the building code provisions for Kent County and Sussex County, this Act creates a new Chapter 25 in Title 9 to contain the building code provisions for New Castle County. This Act updates and consolidates various Delaware Code provisions relating to the New Castle County Building Code in Chapter 25 of Title 9. To provide consistency with the organization of the New Castle County government and Delaware Code provisions, the Department of Land Use is charged with enforcement and administration of the New Castle County Building Code.

75:85

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Takes effect upon being signed into law

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