Permitting Requirements & Adopted Codes

Permits are required for several reasons.  The most important reason is that the structure(s) are being built to code and are safe for human occupancy.

For the physically disabled, codes ensure that you have access to public buildings and have the use of the facilities including but not limited to bathrooms, water fountains, and elevators.

Permits are established to aid in protecting homeowners from property disputes with neighbors.  Several permits require a plot plan that will be used by the inspector to verify that you have not encroached on your neighbor's property.

Always remember, the building codes are approved as a minimum.  You can always build better than what is required by code, but you can never go less.

Listed below are the types of permits required in the jurisdiction of Kent County. Please contact our office at 302-744-2451 if your project is not listed below.

 

Accessory Structures

  • Sheds:  301 square feet or greater (any size if located in the in Flood Plain)
  • Gazebos & Pergolas: 301 square feet or greater (unless located on a deck)
  • Carports: 301 square feet or greater
  • Playhouses: 301 square feet or greater
  • Detached Structures: Garages & Pole Buildings
  • Agricultural Buildings
  • Greenhouses
  • Pools: (Above Ground & Inground), Hot Tubs, Spas
  • Dog Kennels
  • Solar Panels: Ground & Roof Mounted
  • Retaining Walls: Over 4 feet in height measured from the bottom of the footing to the top of the wall
  • Fences: over 7 feet in height (Unless having to enclose a swimming pool area, a home daycare play area, part of an approved subdivision application or land development application, or in the flood plain). Still needs to abide by zoning regulations

Additions & Renovations

  • Additions
  • Decks: Larger than 16 square feet
  • Fireplaces and Inserts: Gas, Coal, Pellet Stoves
  • Roofing: Only when replacing more than 25% of the sheathing
  • Structural Renovations
  • Interior Renovations
  • Finishing Bonus Rooms
  • Finishing Basements
  • Elevated Patios
  • Solar Shingles
  • Sidewalks and Driveways greater than 30 inches above adjacent grade

Commercial

  • New Commercial Structures
  • Business Certificate of Occupancies
  • Commercial Fit-outs
  • Temporary Activities 
  • Commercial Interior Renovations

Manufactured Homes

  • Manufactured Home Placements
  • Manufactured Home Replacements
  • Manufactured Home Removals
  • Manufactured Home Retirements 
  • Manufactured Home Demolition on Site

Demolition of Structures

  • Demolition of Structures (in order to remove the structures from the tax rolls)

Single Family Dwellings - Detached & Attached

 

 

 

Quick Links

Kent County Adopted Codes

State of Delaware Mandated Codes

International Plumbing Code 2021 (IPC) -with Amendments - Adopted 08/11/2022

International Energy Conservation Code (IECC) 2018 - Enforceable 12/11/2020

National Fire Code (NFPA1) 2021 Edition

National Electric Code (NFPA70) 2020 Edition

National Life Safety Code (NFPA101) 2021 Edition

State of Delaware Manufactured Housing Installation Licensing - Adopted 7/19/2007

Senate Bill 79, 2500 In-building Communication Systems Regulation - Effective Date: 06/01/2011 (Communications Systems for buildings 25,000 square feet and over)

Standards for Accessibility (ANSI 117.1) 2017 Edition

National Fuel Gas Code (NFPA 54) 2021 Edition

 

Kent County, Delaware Adopted Codes

International Building Code 2018 Amendments to the IBC by Kent County - Adopted: 08/18/2020 - Effective Date: 10/05/2020

International Residential Code 2018 Amendments to the IRC by Kent County - Adopted 08/18/2020 - Effective Date: 10/5/2020  

      IMPORTANT NOTE:  Under Table R301.2(1) in amendments the Soil Bearing Capacity should be noted as 2,000 lbs/sq. ft.

 

For a complete list of adopted codes, please refer to Chapter 105 (Building Construction) of the Kent County Codes

 

 

Links to Past Code Supplements

- International Building Code/2012 and International Residential Code/2012 with Kent County Supplement - Adopted: 03/25/14 - Effective 10/1/2014 All other 2012 I-Codes are adopted by reference

- International Building Code 2006 with Kent County Supplement - Adopted: 8/26/2008 Effective: 10/01/2008

- International Building Code 2000 with Kent County Supplement - Adopted: 05/13/2003 Effective: 06/16/2003

- International Residential Code 2000 with Kent County Supplement - Adopted: 02/02/2004 Effective: 03/08/2004

- International One & Two-Family Dwelling Code 1998 with Kent County Supplement, Adopted: 03/27/2001 - Effective Date 05/01/2001

- Kent County Supplement to the CABO National Building Code/1996 Adopted: 09/14/1999 - Effective September 14,  1999

- Kent County Supplement to the CABO One and Two Family Delling Code / 1995 Adopted October 28, 1997 - Effective October 28, 1997

- Amendment to CABO / 1995 Adopted May 26, 1998 - Effective May 26, 1998

- Kent County Supplement to the BOCA National Building Code/1993 Adopted February 14, 1995 - Effective February 14, 1995

- Amendment to BOCA / 1993 Adopted May 26, 1998 - Effective May 26, 1998

- CABO 1992 with the Kent County Supplement and BOCA 1990 Adopted May 10, 1994 Effective June 7, 1994

- BOCA/1990 including the CABO/1990 One and Two-Family Dwelling Code with the Kent County Supplement - Adopted December 17, 1991 - Effective January 15, 1992

- Kent County Building Code Supplement to the BOCA Basic Building Code / 1987 Adopted December 12, 1989 - Effective January 31, 1990

 

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