CHAPTER 348

AN ACT TO AMEND CHAPTER 83, TITLE 16, DELAWARE CODE, ENTITLED BUILDING CODE FOR RURAL NEW CASTLE COUNTY, BY INCLUDING INDUSTRY AND INDUSTRIAL BUILDINGS WITHIN THE BUILDING CODE.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Section 8301, Chapter 83, Title 16, Delaware Code, is amended by repealing Section 8301 and enacting a new Section 8301 in lieu thereof to read as follows:

§ 8301. Promulgation of Building Code

The Levy Court of New Castle County shall promulgate rules and regulations, to be known as the Building Code for rural New Castle County, providing for matters concerning, affecting or relating to construction, alteration, repairs, removal, demolition, equipment, use or occupancy, location and maintenance of buildings or structures erected or to be erected in New Castle County, outside of the city limits of the City of Wilmington and outside of incorporated towns or cities and excluding farm properties.

Section 2. Section 8312, Chapter 83, Title 16, Delaware Code, is repealed and a new Section 8312 enacted in lieu thereof, to read as follows:

§ 8312. Fees for Permits

The fees for issuing permits shall be prescribed by the Levy Court of New Castle County, subject to the following limitations, such limitations to be applicable only to buildings of an industrial concern used in furtherance of its general businesses and to buildings built by industrial concerns for use of their employees.

(a) The basis for establishing permit costs shall be limited to the building and its functional parts, i. e., architectural, structural, heating and air conditioning, ventilation, electrical lighting, plumbing and drainage.

(b) The maximum fee for any one permit shall be $2,000.00.

Section 3. Section 8317, Chapter 83, Title 16, Delaware Code, is amended by striking out the words "nor to properties used for industrial purposes" from lines 3 and 4 and inserting in lieu thereof "nor to structures used for industrial purposes but shall be applicable to buildings of an industrial concern used in furtherance of its general businesses and to buildings built by industrial concerns for use of their employees."

Approved April 17, 1962.

Note: On May 21, 1962, this Act was declared to be unconstitutional by opinion of the Delaware Supreme Court. In re Opinion to the Governor concerning the Constitutionality of Senate Bills 308, 357, 358 and House Bill 504; Delaware Supreme Court No. 30, 1962; 50 Del; 181 A2d 215.