Rehoboth nearing changes to basement building codes

After more than a year of discussion, Rehoboth Beach commissioners are nearing a vote on a set of changes to code that city staff say will go a long way to prevent the illegal conversion of non-habitable basements into extra bedrooms and living spaces. During a meeting July 19, commissioners set a public hearing on the topic for Friday, Aug. 16.

For more than two decades, Rehoboth Beach’s zoning code has allowed basements that are not included in a house’s floor area if the basement has a ceiling height of less than 6-feet-6-inches.

The intent is for these areas to be used as storage space, said Corey Shinko, assistant building inspector. The problem, he said, is basements are also allowed to be finished, which leads to them being utilized as living spaces.

The building and licensing department is recommending the following changes – define basement, crawl space, floor and wall finish; delete all mention of 6-foot-6-inch basements in current zoning code; non-habitable basements shall have a ceiling height between 6-feet-8-inches and less than 7 feet; non-habitable basements shall have no floor or wall finish, but finished ceilings shall be permitted for fire protection of floors; non-habitable basements shall have no interior partitions/walls; non-habitable basements shall not contain bathrooms or half-baths; non-habitable basements must contain one emergency escape and rescue opening, and one smoke/carbon monoxide detector; non-habitable basements shall be excluded from floor-to-area ratio; propose zoning protection and limitations for existing dwellings incorporating non-habitable basements.

Under the proposal, all the homes built with the 6-foot-6-inch basements would be considered legal nonconforming.

During a workshop July 8, Commissioner Don Preston asked Shinko if illegal conversions are a pervasive problem.

From his perspective as a code enforcement officer, Shinko said one illegally converted non-habitable basement is too many.

Commissioner Francis “Bunky” Markert supports the changes. Even if it’s not been happening, the city has created a scenario where it is easy to do, he said.

During the public comment portion of the earlier workshop, Mark Saunders, a candidate for commissioner, said the city should also consider increasing penalties for violations.

Shinko said the code enforcement team is actively creating a list of houses in violation and will make a presentation in August.