Sussex looks at updated building code

If Sussex officials don't update the county building code in 2013, residential and commercial property owners throughout the county could face higher insurance premiums.

The county's Building Code Effectiveness Grading Schedule classification was lowered during a recent survey by the Insurance Services Office. The classification is among factors used by insurance carriers to set rates. Sussex County's classification fell from 9 to 8.

County Administrator Todd Lawson said in 2003, the county adopted the international residential code, but Sussex is three editions behind the current 2012 edition. “If the county were to adopt the 2012 edition of the international residential code, our classification by the ISO would be greatly improved,” he said.

Lawson told council at its Dec. 4 meeting that the issue would be placed on an agenda early in 2013 for more discussion. Councilman Vance Phillips, R-Laurel, said he would like feedback from builders and costs included with the future presentation.

In a letter to the county, ISO analyst Mary Jobst wrote Sussex officials have until Jan. 17, 2013, to provide a list of proposed code changes with a timeframe provided for each change. The county could retain its current classification if the changes would bring the county's rating back to its previous level within one year, Jobst wrote.

A revised classification would apply to new buildings receiving a certificate of occupancy during or after the calendar year in which the revision takes place.

Not all insurance carriers use the classification rating directly to determine premiums.

Anna Bryant, a public affairs specialist with State Farm Insurance, said the company uses claims data and risk factors in an area to determine rates and not the ISO classification. But, she said, in the long run, a strong building code does have a positive impact on an area by helping to minimize fire or storm damage and theoretically keeping premiums from increasing.

Comparisons between 2003, 2012 codes

Andy Wright, county building code chief, provided council with a list of the significant changes from the 2003 code to the 2012 code.

Among the major changes affecting builders in the Cape Region: The area is no longer considered a wind zone with a potential for 110 mph winds. Under the county's 2003 code, homeowners in a wind zone face considerable cost to have their homes designed by a Delaware architect or engineer to meet high-wind standards. Under the new code, items such as impact window glass and storm shutters are no longer required in new dwellings.

Under the 2012 code, new townhomes and one- and two-family residential homes would be required to have an automatic fire sprinkler system. In addition, carbon monoxide detectors would be required in new construction outside each sleeping area in dwellings with fuel-fired appliances. Detectors would also be required when work requiring a permit is done in existing dwellings with fuel-fired appliances.

Lawson said county officials could choose to exempt certain sections – such as fire sprinklers – from the updated code and still improve its overall classification.

Sussex code has no provisions for window fall protection, which are included in the 2012 code. Under the newer code, windows located more than 72 inches above finished grade, the lowest part of the window must be a minimum of 24 inches above a finished floor and the operable section of the window must not open more than 4 inches.

Many of the upgrades in code deal with preventing the spread of fire in new home construction.

Wright said updating the code would assist builders with uniformity by providing the same regulations in municipalities and unincorporated areas of the county. Most towns that do their own code enforcement and inspections have been updating codes over the years or are in the process of updating to 2012 standards. Lewes will upgrade when the county does; Rehoboth Beach officials plan to update to 2012 standards in a year; and Milton's code is the 2006 edition.

Sussex County provides code enforcement and inspections for Bethel, Blades, Bridgeville, Dagsboro, Dewey Beach, Ellendale, Fenwick Island, Frankford, Georgetown, Greenwood, Henlopen Acres, Ocean View, Slaughter Beach and South Bethany.