Code Enforcement

Email our Members:
Code Officer: Nicole Facciolo (nfacciolo@townofelsmere.com)
Code Officer: VACANT
Administrative Assistant: Denise Lardani (dlardani@townofelsmere.com)

Mission Statement:

The Town of Elsmere’s Code Enforcement Department’s mission is to work in partnership with the Town’s Board of Adjustment, Planning Commission and Department of Public Safety to promote and maintain a safe and desirable living and working environment. The department will strive to maintain or improve the quality of our community by administering a fair and unbiased enforcement program to correct violations of the Codes and land use requirements of the Town while dealing with permits, code compliance, rental property licensing and citizens inquiries. These programs are intended to ensure public safety, minimize untimely delays to citizens and to provide for expedited review procedures to increase public satisfaction.

The following forms for the Code Enforcement Department are available on the forms tab of this website:
  • Appeal Application
  • Application For Hearing
  • Business License Application
  • Building Permit Application
  • Electrical Permit Application
  • Entertainment Club License
  • HVAC Permit Application
  • Minor Subdivision Application
  • Plumbing Permit Application
  • Pre-Rental Inspection Guide
  • Rental License Application
  • Change in Tenancy Form
  • Registration of Vendors
  • Sign Permit Application
  • Vacant Property Registration Form

Town Codes:

The Town of Elsmere is its own municipality and in addition to any Federal, State or County Laws it has its own laws, rules and regulations which each resident, contractor and business owner is responsible to check either by using the Town Code Link on this website or speaking with a Code Enforcement Officer to ensure compliance.

Contractors and Business Owners:
In addition to any required state and/or county licenses, you are also required to obtain a Town of Elsmere business license annually.

The Town of Elsmere requires that any contractor who profits in any way by conducting business within the corporate limits of the Town, obtain a business license. Please feel free to contact the Code Enforcement Office to verify if a business has a license. You may contact the Code Enforcement Department at (302) 998-2215 for any business license questions you may have.

Landlords:
The Town of Elsmere Code states: ”Every owner (or authorized agent) of an family dwelling unit that is to be offered for rent or lease or which is defined as a commercial rental unit by this chapter is required to make application for and receive an annual permit for each and every family unit or unit which is described as a commercial rental unit by this chapter prior to any occupancy by the tenant.” TOE Code 182-2.

Building Code Requirements:

The current adopted codes for the Town of Elsmere are the 2021 ICC Codes, included are:

2021 ICC Building Code, ICC Residential Code , 2021 ICC Mechanical Code, 2021 ICC Plumbing Code, 2021 ICC Fuel Gas Code, 2021 ICC Energy Conservation Code, and 2021 ICC Existing Building Code

Permits are Required for the following:

  • Residential:
    New Homes, Additions, Garages, Sheds over 120 sq. ft., New or Enlarged Driveways, Walkways or Patios, Re-roofing, Siding, Windows and Doors, Structural modifications, All Decks, Interior Alterations, Swimming Pools, Porches
  • Commercial:
    New Buildings, Additions, Interior Build-out’s or Renovations
  • Plumbing & Mechanical:
    Installation of New or Replacement Water Heaters and HVAC Systems, The Installation of Gas Heating Equipment, The Installation of ANY New piping for Water, Gas or Sewer, The Replacement of Sewer Laterals or Water Service Piping, Fireplace Installation
  • Misc. Permits:
    The Installation or Erection of ANY Signage, Demolition of ANY Permanent Structure, Electrical Work (3rd Party Inspection), Lot Grading
  • Plans General:
    Commercial Plans shall be prepared by a State of Delaware Design Professional and bear the original signature and seal, except where waived by the Code Official under provisions of the ICC Building Code, Sec. 107

Commercial Plans shall first be reviewed and approved by the State Fire Marshal’s Office before submittal to the Town of Elsmere

Residential Plans not prepared by a Design Professional will be accepted at the discretion of the Code Official.

*The State Fire Marshal’s office handles all fire plans, systems, investigations and fire prevention issues within the Town of Elsmere. Visit their website here.*

New Castle County Fire Marshal’s Office:

Address:
2307 MacArthur Rd
New Castle, DE 19720

Contact Info:
Tech Services: (302) 323-5365
Administration: (302) 323-5375
Investigations: (302) 323-5375
Fax: (302) 323-5366

Fee Schedules:

Permit Fee Schedule:

There are two common fee schedules in the Code Enforcement Department. They are the Permit Fee Schedule and the Zoning Fee Schedule.

The Permit Fee Schedule outlays any fees that are associated with obtaining a permit to complete home repairs or upgrades. This fee schedule is broken down by the type of permit you are requesting. These fees include the cost of all inspections associated with your permits. By using the below link you can review this fee schedule.

Town of Elsmere Fee Schedule 2022

Zoning Free Schedule:

The Zoning Fee Schedule outlays fees associated with common zoning procedures within our department. This schedule would be used to find any costs associated with requesting a variance, subdivision, or plan review. These costs would vary based on the current zoning of your property and what your request may be for. By using the below link you can review this fee schedule.

View the Zoning Fee Schedule

Vendors, Peddlers and Solicitations:

Chapter 159 of the Code of the Town of Elsmere requires that every vendor peddler and solicitor shall be registered to conduct such business within the Town limits. This registration is required for every day that you will be conducting such business. Please visit the Code Enforcement Forms page of our website for a copy of the Solicitation and Vendor Permit Application.

In Addition, Chapter 159 of the Code of the Town of Elsmere regulating Peddling and Solicitation, residents of the Town of Elsmere can make a request to be placed on a “Do Not Solicit” list. Registration is free and this list will be distributed to applicants who request a Solicitation Permit within the corporate limits of the Town of Elsmere.

To be placed on the Town of Elsmere “Do Not Solicit” list please send a letter in writing or via email to our Code Enforcement Department requesting to be placed on this list. This letter should include your name, your property address, and a written request to be placed on the list.

To view the current “Do Not Solicit” list, please click below.

Do Not Solicit – Master Log

Please check back frequently for any updates.


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