Chapter 41

§ 4101 Title and scope. This chapter shall be known as the Delaware State Housing Code which establishes minimum property maintenance standards for structures covered by this chapter and is herein sometimes referred to as the “State Housing Code” or “Code” and shall apply to and include the entire State except as may be exempted by this chapter. 65 Del. Laws, c. 153, §  1 ; § 4102 Purpose. This chapter is intended to protect the public safety, health and welfare in existing residential structures and on existing residential premises, as hereinafter provided by: (1) Establishing minimum maintenance standards for existing residential structures and premises for basic equipment and facilities for light, ventilation, heat and sanitation; for safety from fire; for space; and for safe and sanitary maintenance of existing structures and premises; (2) Fixing the responsibilities of owners, operators and occupants of all structures; and (3) Providing for administration, enforcement and penalties. 65 Del. Laws, c. 153, §  1 ; § 4103 Applicability. The State Housing Code shall apply to existing residential structures used for human habitation. The provisions are designed to eliminate or prevent substandard conditions with respect to structures, protect against fire hazards, provide for adequate space for light and air, provide for proper heating and ventilating and eliminate unsanitary conditions and overcrowding. Every portion of a building or premises used or intended to be used for residential purposes shall comply with this chapter, except hotels and motels serving transient guests only, migratory labor housing, rest homes, convalescent homes, nursing homes, recreational campers and civil defense shelters. For the purpose of this chapter, regulations by the State Department of Health and Social Services for Migratory Labor Camps will apply to migrant housing. 65 Del. Laws, c. 153, §  1 ; § 4104 Liberal interpretation. The entire chapter shall be liberally interpreted so as to minimize displacement of persons whose dwelling units may deviate from this chapter’s specifications but do not pose an imminent threat to the health, safety and general welfare of the occupants and other persons. Additionally, this chapter is to be liberally interpreted so as to minimize hardships to persons that inhabit or own dwelling units which deviate from this chapter’s specifications but do not pose an imminent threat to the health, safety and general welfare of the occupants and other persons. 65 Del. Laws, c. 153, §  1 ; § 4105 Exemptions. (a) This chapter does not replace or modify requirements otherwise established for the construction, repair, alteration or use of buildings and facilities related thereto. (b) Nothing in this chapter shall be deemed to abolish or impair existing rights or remedies of a county or municipality or its officers or agencies relating to the removal or demolition of any buildings which are deemed to be unsafe or unsanitary. (c) The Delaware State Housing Code shall not apply to any existing single family owner-occupied residential structure. The provisions shall become and remain applicable upon the rental or sale of such residential structure after July 17, 1990. The Delaware State Housing Code shall not apply to any existing resort residential structure with an occupancy limited to the months of May through September inclusively. (d) When there are practical difficulties involved in carrying out the provisions of this Code, such that the literal application of the requirements of the Code would cause undue hardship or the displacement of low income occupants with no affordable housing alternatives, the code official is permitted to vary or modify such provision or provisions upon written application of the owner or the owner’s representative; provided, that the spirit and intent of the law shall be observed and public welfare and safety be assured. (e) The State Housing Code shall not be administered in any community which has enacted its own code which contains minimum standards for the promotion and protection of the safety and health of the public which are equal to or exceed the standards established by subchapter II of this chapter and administration and enforcement procedures which are substantially equivalent to those set forth in subchapter III of this chapter, as determined by the Housing Director. At the request of any community which has adopted a housing code, the Housing Director shall provide written notice to the community of its determination, stating the reasons therefore. Provided, however, that if such community thereafter seeks to amend, alter or otherwise change its housing code, it shall provide the Housing Director with a copy of such proposed change. In such a case, the Housing Director shall notify such community in writing within 60 days of receipt of such proposed change of its determination whether such proposed change meets the standards set forth in this subsection, and, in such case, the State Housing Code shall not be administered in such community, notwithstanding such amendment or change. 65 Del. Laws, c. 153, §  1 ; 67 Del. Laws, c. 386, §§  1-3 ; § 4106 Construction of terms; definitions. (a) Words used in the present tense include the future; the singular includes the plural and the plural includes the singular. Unless otherwise expressly stated, where terms are not defined under this chapter, they shall have ascribed to them their ordinarily accepted meanings or such as the context herein may imply. Whenever the words “multi-family dwelling,” “residence building,” “dwelling unit,” “mobile home” or “premises” are used in this chapter, they shall be construed as though they were followed by the words, “or any part thereof.” (b) The following terms are defined as listed below: (1) Approved. — Approved, as applied to a material, device or method of construction, shall mean approved by the code official under this chapter or approved by other authority designated by law to give approval in the matter in question. (2) Basement. — That portion of a building which is partly below and partly above grade, and having at least one half its height above grade (see “cellar”). (3) Cellar. — That portion of a building which is partly or completely below grade, and having at least one half its height below grade (see “basement”). (4) Central heating. — The heating system permanently installed and adjusted so as to provide the distribution of heat to all habitable rooms, bathrooms and water closet compartments from a source outside of these rooms. (5) Code official. — The official who is charged with the administration and enforcement of this chapter, or any duly authorized representative. The Housing Director, or any duly authorized representative thereof, shall be the code official for the State. (6) Community. — Any municipality or county in the State. (7) Condemn. — To adjudge unfit for residential use or human occupancy. (8) Condemnation .— The act of judicially condemning. (9) Dwelling. — a. One-family dwelling. — A building containing 1 dwelling unit with not more than 5 lodgers or boarders. b. Two-family dwelling. — A building containing 2 dwelling units with not more than 5 lodgers or boarders per family. c. Multi-family apartment house. — Multi-family apartment house. — A building or portion thereof containing more than 2 dwelling units and not classified as a 1 or 2 family dwelling. d. Boarding house, lodging house and tourist house. — A building arranged or used for lodging, with or without meals, for compensation, by more than 5 and not more than 20 individuals. e. Dormitory. — A space in a building where group sleeping accommodations are provided in 1 room, or in a series of closely associated rooms for persons not members of the same family group. f. Hotel. — Any building containing 6 or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests. g. Mobile home. — — A 1-family dwelling designed for transportation after fabrication on streets and highways on its own wheels or supported by other vehicles or trailers but which is not self-propelled, and arriving at the site where it is to be occupied complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, supported on jacks or other foundations and connected to utilities and the like. (10) Dwelling unit. — A single unit providing complete, independent living facilities for 1 or more persons, including a mobile home, including permanent provisions for living, sleeping, eating, cooking and sanitation. (11) Enforcement officer. — The official designated herein or otherwise charged with the responsibilities of administering this chapter, or the official’s authorized representative. (12) Exterior property areas. — The open space on the premises and on adjoining property under the control of owners or operators of such premises. (13) Extermination. — The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods. (14) Family. — An individual or married couple and the children thereof with not more than 2 other persons, living together as a single housekeeping unit in a dwelling unit. (15) Garbage. — The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. (16) Habitable space. — Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space. (17) Hotel. — See “dwellings.” (18) Housing Director. — The Director of the Delaware State Housing Authority. (19) Infestation. — The presence, within or contiguous to a structure or premises, of insects, rats, vermin or other pests. (20) Junk vehicle. — Any vehicle which is without a currently valid license plate or plates and is in either a rusted, wrecked, discharged, dismantled, partly dismantled, inoperative or abandoned condition. A junk vehicle shall be classified as to its condition in 1 of the 2 following categories: a. Restorable. — A junk vehicle that is in a condition whereby repairs to same could be made to place it in operating condition without exceeding the estimated value when repaired. b. Wreck. — A junk vehicle in such condition that it is economically unsound to restore same to operating condition considering the repairs to be made, age of the vehicle, market value of the vehicle if it were restored or in such condition that it warrants such classification. (21) Let for occupancy or let. — To permit possession or occupancy of a dwelling, dwelling unit, rooming unit, building or structure by a person who shall be legal owner or not be the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. (22) Maintenance. — Conformance of a building and its facilities to the code under which the building was constructed. (23) Motel. — A hotel as defined in this chapter. (24) Multi-family (multiple) dwellings. — See “dwellings.” (25) Occupant. — Any person over 1 year of age (including owner or operator) living and sleeping in a dwelling unit or having actual possession of said dwelling or rooming unit. (26) Openable area. — That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors. (27) Operator. — Any person who has charge, care or control of a structure or premises which are let or offered for occupancy. (28) Overcrowded. — A dwelling shall be overcrowded when its occupancy exceeds the maximum number of persons permitted in subsections (k), (l) and (q) of § 4115 of this title. (29) Owner. — Any person, firm or corporation having a legal or equitable interest in the premises or any agent thereof. (30) Person. — Any individual, corporation or partnership. (31) Plumbing. — The labor, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances. (32) Plumbing fixture. — A receptacle or device which is either permanently or temporarily connected to the water distribution system of the premises and demands a supply of water therefrom; or discharges used water, liquid-borne waste materials, or sewage either directly or indirectly to the drainage system of the premises; or which requires both a water supply connection and a discharge to the drainage system of the premises. (33) Premises. — A lot, plot or parcel of land including the buildings or structures thereon. (34) Public nuisance. — Includes the following: a. The physical condition, or use of any premises regarded as a public nuisance at common law; or b. Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures; or c. Any premises designated as having unsanitary sewerage or plumbing facilities; or d. Any premises designated as unsafe for human habitation or use; or e. Any premises which are manifestly capable of being a fire hazard, or are manifestly unsafe or unsecure so as to endanger life, limb or property; or f. Any premises from which the plumbing, heating or other facilities required by this chapter have been removed, or from which utilities such as water, sewer, gas and electricity have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided; or g. Any premises which are unsanitary, or which are littered with rubbish or garbage, or which have an uncontrolled growth of weeds; or h. Any structure or building that is in an advanced state of dilapidation, deterioration or decay; of faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to the extent as not to provide adequate shelter; in danger of collapse or structural failure; and is dangerous to anyone on or near the premises. (35) Rennovation. — Work on a building and its facilities to make it conform to present day minimum standards of sanitation, fire and life safety. (36) Residence building. — A building in which sleeping accommodations, toilet, bathing and cooking facilities as a unit are provided. (37) Rooming house. — Any residence building, or any part thereof, containing 1 or more rooming units, in which space is let by the owner or operator to more than 5 persons who are not members of the family (see “dwellings”: “boarding house”). (38) Rooming unit. — Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes. (39) Rubbish. — Combustible and noncombustible waste materials, except garbage, and the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. (40) Structure. — That which is built or constructed, including without limitation because of enumeration, buildings for any occupancy or use whatsoever, fences, signs, billboards, fire escapes, chute escapes, railings, water tanks, towers, open grade steps, sidewalks or stairways, tents or anything erected and framed to component parts which is fastened, anchored or rests on a permanent foundation or on the ground. (41) Supplied. — Installed, furnished or provided by the owner or operator. (42) Ventilaion. — The process of supplying and removing air by natural or mechanical means to or from any space. a. Mechanical. — Ventilation by power-driven devices. b. Natural. — Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks without wind-driven devices. (43) Workmanlike. — Whenever the words “workmanlike state of maintenance and repair” are used in this chapter, they shall mean that such maintenance and repair shall be made in a reasonably skillful manner. (44) Yard. — An open unoccupied space on the same lot with a building extending along the entire length of street, or rear or interior lot line. 65 Del. Laws, c. 153, §  1 ; 67 Del. Laws, c. 386, §§  4-6 ; 70 Del. Laws, c. 186, §  1 ; § 4107 Adoption by reference. Any community in Delaware may adopt the State Housing Code as its own municipal or county housing code by reference to this title and chapter of the Delaware Code. 65 Del. Laws, c. 153, §  1 ; § 4108 Enforcement authority. It shall be the duty and responsibility of each community to enforce the State Housing Code throughout the confines of that municipality or county. 65 Del. Laws, c. 153, §  1 ; § 4109 Enforcement by State or community. In the event that after 3 years subsequent to the adoption of the State Housing Code by the General Assembly a community has not undertaken to enforce this chapter, the Housing Director, acting as the code official, may begin enforcement within that community, subject to this chapter. Any community may contract with another community to act on its behalf in the enforcement of this chapter. 65 Del. Laws, c. 153, §  1 ; 67 Del. Laws, c. 386, §  7 ; § 4110 Coordination of enforcement. Inspection of premises and the issuing of orders in connection therewith under this chapter shall be the exclusive responsibility of the code official. When, in the opinion of the code official, it is necessary or desirable to have inspections of any conditions by any other community or state agency, the code official shall arrange for this to be done in such a manner that the owners or occupants of the dwelling shall not be subjected to visits by numerous inspectors nor to multiple or conflicting orders. No order for correction of any violation under this section, when coordination of enforcement is required, shall be issued without the approval of the code official and, before issuing any such order, the code official shall obtain the concurrence of any other department or agency having jurisdiction thereover. 65 Del. Laws, c. 153, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 4111 General provisions. This subchapter shall describe the minimum conditions of residential premises and buildings to be used for human occupancy. Every residential building or structure occupied by humans, except as exempted by §§ 4103 and 4105 of this title and its premises shall comply with the conditions and standards herein prescribed when a deviation from such conditions and standards poses an imminent threat to the health, safety and general welfare of the occupants and other persons. The code official may cause periodic inspections to be made of residential buildings and premises to secure compliance with these requirements. 65 Del. Laws, c. 153, §  1 ; § 4112 Premises conditions. (a) Responsibility of owner. — The owner of buildings and premises shall maintain such buildings and premises in compliance with these requirements. A person shall not occupy as owner-occupant or let to another for occupancy or use premises which do not comply with the following requirements of this section. (b) Vacant structures and land. — All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause blight or adversely affect the public health or safety. (c) Sanitation. — All premises shall be maintained in a clean, safe and sanitary condition free from any accumulation of rubbish or garbage. (d) Containers. — Garbage, vegetable wastes or other putrescible materials shall be stored in leakproof containers, provided with close-fitting covers, for the storage of such materials until removed from the premises for disposal. (e) Grading and drainage. — All premises shall be graded and maintained so as to prevent the accumulation of stagnant water thereon, or within any structure located thereon. (f) Insect and rat control. — All premises shall remain free of insects, rats, vermin or other pests in all exterior areas of the premises. An owner shall be responsible for extermination, except that the occupant shall be responsible for such extermination in the exterior areas of the premises of a single-family dwelling. Extermination in the shared or public parts of the premises of other than a single-family dwelling shall be the responsibility of the owner. (g) Noxious weeds. — All premises in predominately residential areas shall be kept free from weeds or plant growth which are noxious or detrimental to the public health and welfare and shall be trimmed to a height of not more than 12 inches. (h) Exhaust vents. — Except as to previously existing and operating exhaust systems, no person shall construct, maintain or operate pipes, ducts, conductors, fans or blowers discharging gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes so as to discharge directly upon abutting or adjacent public or private property or property of another tenant. (i) Accessory structures. — All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in compliance with §§ 4113 and 4114 of this title. (j) Motor vehicles. — All premises, except as provided in other regulations, shall not contain any unregistered or uninspected or junk vehicle that poses a threat to the health, safety and general welfare of the occupants or other persons. Not more than 2 currently unregistered or uninspected vehicles, owned by the occupants, that do not pose a threat to the occupants or other persons’ health and safety shall be parked in a predominantly residential area. Said vehicles shall not be in a state of disassembly or disrepair. 65 Del. Laws, c. 153, §  1 ; § 4113 Exterior structure. (a) In general. — The exterior of a structure shall be maintained structurally sound and sanitary so as not to pose a threat to the health and safety of the occupants and so as to protect the occupants from the environment. (b) Structural members. — All supporting structural members of all structures shall be maintained structurally sound, free of deterioration and capable of safely bearing the dead and live loads imposed upon them. (c) Exterior surfaces (foundations, walls and roof). — Every foundation, exterior wall, roof and all other exterior surfaces shall be maintained in a workmanlike state of maintenance and repair and shall be kept in such condition so as to exclude rats. (d) Foundation walls. — All foundation walls shall be maintained so as to carry the safe design and operating dead and live loads, plumb and free from open cracks and breaks, except as necessary to release excessive water pressure on the wall so as not to be detrimental to public safety and welfare. (e) Exterior walls. — Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers and any other condition which might admit rain or dampness to the interior portions of the walls or to the occupied spaces of the building. All exterior surface materials, including wood, composition or metal siding, shall be maintained weatherproof so as to prevent deterioration. (f) Roofs. — The roof shall be structurally sound, tight and not have defects which might admit rain, and roof drainage shall be adequate to prevent rain water from causing dampness in the walls or interior portion of the building. (g) Decorative features. — All cornices, trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. (h) Signs, marquees and awnings. — All canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained in good repair, shall be properly anchored so as to be kept in a safe and sound condition and shall be protected from the elements and against decay. (i) Chimneys. — All chimneys, cooling towers, smokestacks and similar appurtenances shall be maintained structurally safe, sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay. (j) Stairs and porches. — Every stair, porch, balcony and all appurtenances attached thereto shall be so maintained as to be safe to use and capable of supporting the loads to which it may be subjected and shall be maintained in sound condition and repair. (k) Windows, doors and frames. — Every window, door and frame shall be maintained in such relation to the adjacent wall construction so as to exclude rain as completely as possible and to substantially exclude wind from entering the building. ( l ) Weathertight. — Every window and exterior door shall be fitted reasonably in its frame and be weathertight. Weather stripping shall be used as necessary to exclude wind or rain from entering the dwelling or structure and shall be kept in sound condition and good repair. (m) Glazing. — Every required window sash shall be fully supplied with glazing materials which securely hold in place window glass. (n) Openable windows. — Every window, other than a fixed window, shall be capable of being opened and shall be held in position by window hardware. (o) Door hardware. — Every exterior door, door hinge and door latch shall be maintained in good condition. Door locks in dwelling units shall be in good repair and capable of tightly securing the door. (p) Basement and window hatchways. — Every basement or cellar hatchway or window shall be so maintained as to prevent the entrance of rats, rain and surface drainage into the structure. 65 Del. Laws, c. 153, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 4114 Interior structure. (a) In general. — The interior of a structure and its equipment shall be maintained structurally sound and in a sanitary condition so as not to pose a threat to the health and safety of the occupants and to protect the occupants from the environment. (b) Structural members. — The supporting structural members of every building shall be maintained structurally sound, not showing any evidence of deterioration which would render them incapable of carrying the imposed loads. (c) Interior surfaces. — Floors, walls, including windows and doors, ceilings and other interior surfaces shall be maintained in good, clean and sanitary condition. (d) Lead-based paint. — Lead-based paint with a lead content of more than 0.5 percent shall not be applied to any interior or exterior surface of a dwelling or dwelling unit, including fences and outbuildings upon any premises. (e) Bathroom and kitchen floors. — Every toilet, bathroom and kitchen floor surface shall be constructed and maintained so as to permit such floor to be easily kept in a clean and sanitary condition. (f) Free from dampness. — Cellars, basements and crawl spaces shall be maintained free from standing water so as to prevent conditions conducive to decay or deterioration of the structure. (g) Sanitation. — The interior of every structure shall be maintained in a clean and sanitary condition free from any accumulation of rubbish, refuse or garbage. Rubbish, garbage and other refuse shall be properly kept inside temporary storage facilities. (h) Public halls and stairways. — Garbage or refuse shall not be allowed to accumulate or be stored in public halls or stairways. (i) Insect and rat harborage. — All structures shall be kept free from insect and rat infestation, and where insects or rats are found they shall be promptly exterminated by acceptable processes which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation. (j) Exit doors. — Every door available as an exit shall be capable of being opened easily from the inside. (k) Exit facilities — Adequacy. — Stairs, porches, railings and other exit facilities shall be adequate for safety. ( l ) Exit facilites — Maintenance. — All interior stairs and railings and other exit facilities of every structure shall be maintained in sound condition and good repair by replacing treads and risers that evidence excessive wear or are broken, warped or loose. Every inside stair shall be so constructed and maintained as to be safe to use and capable of supporting the anticipated loads. 65 Del. Laws, c. 153, §  1 ; § 4115 Light, ventilation and space requirements. (a) In general. — All spaces or rooms shall be provided sufficient light so as not to endanger health and safety. All spaces or rooms shall be provided sufficient natural or mechanical ventilation so as not to endanger health and safety. Where mechanical ventilation is provided in lieu of the natural ventilation, such mechanical ventilating system shall be maintained in operation during the occupancy of any structure or portion thereof. (b) Light in habitable rooms. — Every habitable room, except kitchens, toilet rooms, basement or cellar rooms and interior rooms of townhouses and row houses, shall have at least 1 window facing directly to the outdoors, a court or a porch. Every habitable room, except kitchens and toilet rooms, shall have at least 1 door or window which can be opened to adequately ventilate the room. Kitchens, toilet rooms without windows, basement or cellar rooms and interior rooms of townhouses and row houses shall have natural or mechanical ventilation. (c) Common halls and stairways. — Every common hall and stairway in every building, other than 1-family dwellings, shall be adequately lighted at all times with an illumination of at least a 60 watt light bulb. Such illumination shall be provided throughout the normally traveled stairs and passageways. (d) Other spaces. — All other spaces shall be provided with natural or artificial light of sufficient intensity and so distributed as to permit the maintenance of sanitary conditions and the safe use of the space and the appliances and fixtures. (e) Toilet rooms. — Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms as required by subsection (b) of this section except that a window shall not be required in bathrooms or water closet compartments equipped with an approved mechanical ventilation system. (f) Cooking. — Primary cooking facilities shall not be permitted in any sleeping room or dormitory unit, except for efficiency apartments. (g) Separation of unit. — Dwelling units shall be separate and apart from each other. With the exception of cribrooms or rooms accommodating persons with disabilities, sleeping rooms shall not be used as the only means of access to other sleeping rooms. (h) Privacy. — Hotel units, lodging units and dormitory units shall be designed to provide privacy and be separate from other adjoining spaces. (i) Common access. — A habitable room, bathroom or water closet compartment which is accessory to a dwelling unit shall not open directly into or be used in conjunction with a food store, barber or beauty shop, doctor’s or dentist’s examination or treatment room or similar room used for public purposes. (j) Basement rooms and cellar rooms. — Basement and cellar rooms partially below grade shall not be used for sleeping purposes unless the basement and cellar room (or rooms) is (are) within the specifications for sleeping rooms as provided for in this chapter. (k) Dwelling units. — Every dwelling unit shall contain a minimum gross floor area of not less than 150 square feet for the first occupant, and 100 square feet for each additional occupant. The floor area shall be calculated on the basis of the total area of all habitable rooms. ( l ) Area for sleeping purposes. — Every room occupied for sleeping purposes by 1 occupant shall contain at least 64 square feet of floor area. (m) Overcrowding. — If any room used for residential purposes is overcrowded as defined in § 4106(28) of this title, the code official may order the number of persons sleeping or living in said room to be reduced. (n) Prohibited use. — It shall be prohibited to use for sleeping purposes any kitchen, nonhabitable space or public space. (o) Minimum ceiling heights. — Habitable rooms shall have a clear ceiling height over the minimum area required by this chapter at not less than 7 feet, 4 inches, except that in attics, basements, or top half-stories the ceiling height shall be not less than 7 feet over not less than one-third of the minimum area required by this chapter when used for sleeping, study or similar activity. In calculating the floor area of such rooms, only those portions of the floor area of the room having a clear ceiling height of 5 feet or more may be included. (p) Minimum ceiling heights in mobile homes. — Habitable space in a mobile home shall have a minimum ceiling height of 7 feet over 50 percent of the floor area, and the floor area where the ceiling height is less than 5 feet shall not be considered in calculating floor area. (q) Required space in mobile homes. — Every mobile home shall contain a minimum gross floor area of not less than 150 square feet for the first 2 occupants, and 100 square feet for each additional occupant. 65 Del. Laws, c. 153, §  1 ; 78 Del. Laws, c. 179, §  380 ; § 4116 Plumbing facilities and fixtures requirements. (a) In general. — Every dwelling unit shall include its own plumbing facilities which are in proper operating condition, can be used in privacy and are adequate for personal cleanliness and the disposal of human waste. (b) Water closet and lavatory. — Every dwelling unit shall contain a lavatory and a water closet supplied with cold running water. The water closet shall not be located in a habitable room. The lavatory may be placed in the same room as the water closet, or, if located in another room, the lavatory shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory shall be supplied with hot and cold running water. (c) Bathtub or shower. — Every dwelling unit shall contain a room which affords privacy to a person in said room and which is equipped with a bathtub or shower supplied with hot and cold running water. (d) Sink. — Every dwelling unit shall contain a kitchen sink apart from the lavatory required under subsection (b) of this section and shall be supplied with hot and cold running water. (e) Rooming house. — At least 1 water closet, lavatory basin and bathtub or shower properly connected to an approved water and sewer system and in good working condition shall be supplied for each 4 rooms within a rooming house, wherever said facilities are shared. Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at all times. (f) Hotels. — Where private water closets, lavatories, and baths are not provided, 1 water closet, 1 lavatory and 1 bathtub accessible from a public hallway shall be provided on each floor. Each lavatory, bathtub or shower shall be supplied with hot and cold water at all times. (g) Toilet rooms and bathrooms — Privacy. — Toilet rooms and bathrooms shall be designed and arranged to provide privacy. (h) Toilet rooms and bathrooms — Direct access. — Toilet rooms and bathrooms shall not be used as a passageway to a hall or other space or to the exterior. At least 1 toilet room or bathroom in a dwelling unit shall be accessible from any sleeping room without passing through another sleeping room. (i) Toilet rooms and bathrooms — Location on same story. — Toilet rooms and bathrooms serving hotel units, lodging units or dormitory units, unless located within such respective units, or directly connected thereto, shall be provided on the same story with such units and be accessible only from a common hall or passageway. (j) Toilet rooms and bathrooms — Floors. — Bathrooms and toilet rooms shall be provided with floors of moisture resistant material. (k) Connections. — Water supply lines, plumbing fixtures, vents and drains shall be properly installed, connected and maintained in working order and shall be kept free from obstructions, leaks and defects and capable of performing the function for which they are designed. ( l ) Maintained clean and sanitary. — All plumbing facilities shall be maintained in a clean and sanitary condition by the occupant so as not to breed insects and rats or produce dangerous or offensive gases or odors. (m) Access for cleaning. — Plumbing fixtures shall be installed so as to permit easy access for cleaning both the fixtures and the areas about them. (n) Water conservation. — Plumbing fixtures which are replaced shall be of water saving construction and use. (o) Contamination. — The water supply shall be maintained free from contamination and all water inlets for plumbing fixtures shall be located above the overflow rim of the fixture. (p) Supply. — The water supply systems shall be installed and maintained to provide at all times a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable them to function satisfactorily. (q) Water heating facilities. — Water heating facilities shall be properly installed, properly maintained and properly connected with hot water lines to the fixtures required to be supplied with the hot water. Water heating facilities shall be capable of heating water to such a temperature so as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, shower and laundry facility or other similar units at a temperature of not less than 110° F. (r) Connections. — Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other facility shall be properly connected to either a public sewer system or to an approved private sewage disposal system. (s) Maintenance. — Every plumbing stack, waste and sewer line shall be so installed and maintained as to function properly and shall be kept free from obstructions, leaks and defects to prevent structural deterioration or health hazards. (t) Storm drainage. — An approved system of storm water disposal shall be provided and maintained for the safe and efficient drainage of roofs and paved areas, yards and courts and other open areas on the premises. 65 Del. Laws, c. 153, §  1 ; § 4117 Heating, cooking and refrigeration facilities. (a) Heating. — Every dwelling unit and guest room shall be provided with heating facilities capable of maintaining a room temperature of 65° F., at a point 3 feet above the floor and 3 feet from an exterior wall in all habitable rooms, bathrooms and toilet rooms. (b) Cooking facilities. — In every dwelling unit that contains cooking and baking facilities for the purpose of preparation of food, such facilities shall be properly installed by the owner and operated and kept in a clean and sanitary working condition by the occupant. (c) Refrigeration. — In every dwelling unit that contains a refrigeration unit for the temporary preservation of perishable foods, such unit shall be capable of maintaining an average temperature below 45° F. and shall be properly installed by the owner and operated and kept in a clean and sanitary working condition by the occupant. (d) Cooking and heating equipment. — All cooking and heating equipment, components and accessories in every heating, cooking and water heating device shall be maintained free from leaks and obstructions and kept functioning properly so as to be free from fire, health and accident hazards. (e) Installation. — All mechanical equipment shall be properly installed and safely maintained in good working condition and be capable of performing the function for which it was designed and intended. (f) Flue. — All fuel-burning equipment designed to be connected to a flue, chimney or vent shall be connected in an approved manner. (g) Clearances. — All required clearances from combustible materials shall be maintained. (h) Safety controls. — All safety controls for fuel-burning equipment shall be maintained in effective operation. (i) Combustion air. — A supply of air for complete combustion of the fuel and for ventilation of the space shall be provided to the fuel-burning equipment. (j) Fireplaces. — Fireplaces and other devices intended for use similar to a fireplace, including wood-and-coal-burning stoves, shall be stable and structurally safe and connected to approved chimneys. (k) Climate control. — When facilities for interior climate control (heating, cooling or humidity) are integral functions of structures used as dwelling units, such facilities shall be maintained and operated in a continuous manner in accordance with the designed capacity. 65 Del. Laws, c. 153, §  1 ; § 4118 Electrical facilities. (a) Outlets required. — Where there is electric service available to a structure, every habitable room of a dwelling unit and every guest room shall contain at least 2 separate and remote outlets, 1 of which may be a ceiling or wall type electric light fixture. In a kitchen, 3 separate and remote wall type electric convenience outlets or 2 such convenience outlets and 1 ceiling or wall type electric light fixture shall be provided. Every public hall, water closet compartment, bathroom, laundry room or furnace room shall contain at least 1 electric light fixture; in addition to the electric light fixture in every bathroom and laundry room, there shall be provided at least 1 electric outlet. (b) Installation. — All electrical equipment, wiring and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equipment shall be of an approved type. (c) Correction of defective system. — Where it is found, in the opinion of the code official, that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. 65 Del. Laws, c. 153, §  1 ; § 4119 Fire safety requirements. (a) In general. — A safe, continuous and unobstructed means of egress shall be provided from the interior of a structure to the exterior at a street, or to a yard, court or passageway leading to a public open area at grade. (b) Direct exit. — Every dwelling unit or guest room shall have access directly to the outside or to a public corridor. (c) Locked doors; exit through other units. — All doors in the required means of egress shall be readily openable from the inner side. Exits from dwelling units, hotel units, lodging units and dormitory units shall not lead through other such units, or through toilet rooms or bathrooms. (d) Fire escapes. — All required fire escapes shall be maintained in working condition and structurally sound. (e) Exit signs. — All exit signs shall be maintained, illuminated and visible. (f) Accumulations of waste, etc., prohibited. — Waste, refuse or other materials shall not be allowed to accumulate in stairways, passageways, doors, windows, fire escapes or other means of egress. (g) Flammable matter. — Highly flammable or explosive matter, such as paints, volatile oils, and cleaning fluids, or combustible refuse, such as wastepaper, boxes and rags, shall not be accumulated or stored on residential premises except in reasonable quantities consistent with normal usage. (h) Residential unit. — A dwelling unit or rooming unit shall not be located within a structure containing an establishment handling, dispensing or storing flammable liquids with a flash point of 110° F. or lower. (i) Fire alarms. — Fire alarms and detecting systems shall be maintained and be suitable for their respective purposes. (j) Fire suppression system. — Fire suppression systems shall be maintained in good condition, free from mechanical injury. Sprinkler heads shall be maintained clean, free of corrosion and paint and not bent or damaged. (k) Fire extinguishers. — All portable fire extinguishers shall be visible and accessible, and maintained in an efficient and safe operating condition. 65 Del. Laws, c. 153, §  1 ; § 4120 Responsibilities of owners and occupants. (a) Cleanliness. — Every occupant of a structure or part thereof shall keep that part of the structure or premises thereof which that occupant occupies, controls or uses in a clean and sanitary condition. Every owner of a dwelling containing 2 or more dwelling units shall maintain, in a clean and sanitary condition, the shared or public areas of the dwelling and premises thereof. (b) Disposal of rubbish. — Every occupant of a structure or part thereof shall dispose of all rubbish in a clean and sanitary manner by placing it in rubbish containers equipped with tight fitting covers as required by this chapter. (c) Disposal of garbage. — Every occupant of a structure or part thereof shall dispose of garbage in a clean and sanitary manner, securely wrapping such garbage and placing it in tight garbage storage containers as required by this chapter, or by such other disposal method as may be required by applicable laws or ordinances. (d) Rubbish storage facilities. — Every dwelling unit shall be supplied with approved containers and covers for storage of rubbish, and the owner, operator or agent in control of such dwelling shall be responsible for the removal of such rubbish. (e) Food preparation. — All spaces used or intended to be used for food preparation shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage when necessary. (f) Fixtures and equipment — Supplied by owner. — The owner or occupant of a structure or part thereof shall keep the supplied equipment and fixtures therein clean and sanitary and shall be responsible for the exercise of reasonable care in their proper use and operation. (g) Fixtures and equipment — Furnished by occupant. — The equipment and fixtures furnished by the occupant of a structure shall be properly installed and shall be maintained in good working condition, kept clean and sanitary and free of defects, leaks or obstructions. 65 Del. Laws, c. 153, §  1 ; § 4121 Extermination. (a) Owner’s responsibility. — The owner of any structure shall be responsible for extermination of insects, rats, vermin or other pests within the structure prior to renting, leasing or selling the structure. (b) Tenant-occupant’s responsibility. — The tenant-occupant of any structure shall be responsible for the continued rat proof condition of the structure, and if the tenant occupant fails to maintain the rat-proof condition, the cost of extermination shall be the responsibility of the tenant-occupant. (c) Single unit occupant’s responsibility. — The occupant of a structure containing a single dwelling unit shall be responsible for the extermination of any insects, rats or other pests in the structure or on the premises, except as otherwise provided in subsection (e) of this section. (d) Responsibility for common areas in multiple unit structures. — Every owner, agent or operator of 2 or more dwelling units or multiple occupancies, or rooming houses, shall be responsible for the extermination of any insects, rats or other pests in the public or shared areas of the structure and premises. (e) Bed bug remediation. — (1) If the tenant notifies the owner that the tenant found or reasonably suspects a bed bug infestation in a dwelling unit within 60 days after the dwelling unit was occupied or within 30 days of discovery of a bed bug infestation in an adjoining unit in the building, the owner shall be responsible for the costs of investigating and remediating the infestation. (2) If the tenant notifies the owner of a bed bug infestation more than 60 days after the dwelling unit was occupied and not within 30 days of a discovery of a bed bug infestation in an adjoining unit within the building, the landlord shall be responsible for investigating and remediating the bed bug infestation, provided that the tenant shall share in the responsibility for the reasonable costs for remediating the infestation in the tenant’s unit. (3) The tenant shall not be responsible to share in costs with properties managed by a state or local government housing authority. 65 Del. Laws, c. 153, §  1 ; 83 Del. Laws, c. 451, § 3 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 4122 General provisions. This subchapter shall govern the administration and enforcement procedures of the State Housing Code. Any municipality or county that adopts the Code as its own may use these administrative and enforcement procedures as its own or may develop procedures which are similar in nature as determined by the Code official. 65 Del. Laws, c. 153, §  1 ; 67 Del. Laws, c. 386, §  8 ; § 4123 Administrative liability. Except as may otherwise be provided by state statute, no officer, agent or employee of the State or any Delaware community charged with the enforcement of this chapter shall be rendered personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of duties under this chapter. No person who institutes, or assists in the prosecution of, a criminal proceeding under this chapter shall be liable for damage therefor unless such person acted with actual malice and without reasonable grounds for believing that the person accused or prosecuted was guilty of an unlawful act or omission. Any civil suit brought against any officer, agent or employee of the State or of any Delaware community as a result of any act required or permitted in the discharge of duties under this chapter shall be defended by the attorney-at-law of each jurisdiction and of the State until the final determination of the proceedings therein. 65 Del. Laws, c. 153, §  1 ; § 4124 Conflict of interest. No officer or employee who has an official duty in connection with the administration and enforcement of this chapter shall be financially interested in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or in making the plans or specifications therefor, unless that person is the owner of such building. No such officer or employee shall engage in any activity which is inconsistent with the public interest and the officer’s official duties. 65 Del. Laws, c. 153, §  1 ; 67 Del. Laws, c. 386, §  9 ; § 4125 Records. The code official shall keep or cause to be kept records concerning the enforcement of this chapter’s provisions, which records shall be open to public inspection. 65 Del. Laws, c. 153, §  1 ; § 4126 Duties and powers of code official. (a) In general. — The code official shall enforce all the provisions of this chapter relative to the maintenance of structures and premises, except as may otherwise be specifically provided by other regulations. (b) Notices and orders. — The code official shall issue all necessary notices and orders to abate illegal or unsafe conditions to insure compliance with the chapter requirements for the safety, health and general welfare of the public. (c) Inspections. — In order to safeguard the safety, health and welfare of the public, the code official is authorized to enter any structure or premises at any reasonable time for the purpose of making inspections and performing duties under this chapter. The fee for inspections performed by the Housing Director, when acting as a code official for the enforcement of the Code in areas which have not adopted the Code shall be $25 for the initial inspection and $10 for each subsequent inspection related to the same complaint. At the discretion of the Housing Director and for good cause shown, such inspection fees may be waived. (d) Right of entry. — If any owner, occupant or other person in charge of a structure subject to this chapter refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to any part of the structure or premises where inspection authorized by this chapter is sought, the code official may seek, in a court of competent jurisdiction, an order that such owner, occupant or other person in charge cease and desist with such interference. (e) Access by owner or operator. — Every occupant of a structure or premises shall give the owner or operator thereof, or agent or employee, access to any part of such structure or its premises at reasonable times for the purpose of making such inspection, maintenance, repairs or alterations as are necessary to comply with this chapter. (f) Credentials. — The code official or the code official’s authorized representative shall disclose proper evidence of the official’s or representative’s respective office for the purpose of demonstrating authority to inspect any and all buildings and premises in the performance of duties under this chapter. (g) Rulemaking authority. — The code official shall have power, as may be necessary in the interest of public safety, health and general welfare, to adopt and promulgate rules and regulations to interpret and implement this chapter to secure the intent thereof and to designate requirements applicable because of local climatic or other conditions. (h) Annual report. — At least annually, the code official shall submit to the chief executive of the community or State a written statement of activities in a form and content as shall be prescribed by the chief executive of that jurisdiction. 65 Del. Laws, c. 153, §  1 ; 67 Del. Laws, c. 386, §  10 ; 70 Del. Laws, c. 186, §  1 ; § 4127 Condemnation. (a) In general. — When a structure is found by the code official to be unsafe, or when a structure or part thereof is found unfit for human occupancy or use, it may be condemned pursuant to this chapter and may be placarded and vacated. Such condemned structure shall not be reoccupied without approval of the code official, but such approval may not be withheld upon completion of specified corrections of violations. (b) Unsafe structure. — An unsafe structure is one in which all or part thereof is found to be dangerous to life, health, property or the safety of the public or the structure’s occupants because it is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation that it is likely to partially or completely collapse. (c) Unsafe equipment. — Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that it is found to be a hazard to life, health, property or safety of the public or occupants of the premises or structure. Unsafe equipment may contribute to the finding that the structure is unsafe or unfit for human occupancy or use. (d) Structure unfit for human occupancy. — A structure is unfit for human occupancy or use whenever the code official finds that it is unsafe or, because it lacks maintenance and is in extreme disrepair, is unsanitary, vermin- or rat-infested, contains filth and contamination or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this chapter. (e) Closing of vacant structures. — If the structure or part thereof is vacant and unfit for human habitation, occupancy or use, and is not in danger of structural collapse, the code official may post a placard of condemnation on the premises and may order the structure closed up so it will not be an attractive nuisance to youngsters. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause it to be closed through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate in accordance with § 4134 of this title. 65 Del. Laws, c. 153, §  1 ; § 4128 Notices and orders. (a) Notice to owner or to person or persons responsible. — Whenever the code official determines that there has been a violation of this chapter or has reasonable grounds to believe that a violation has occurred, or whenever the code official has condemned any structure or equipment under § 4127 of this title, notice shall be given to the owner or the person or persons responsible therefor in the manner prescribed below. If the code official has condemned the property or part thereof, the code official shall give notice to the owner and to the occupants of the intent to placard and to order vacation of the premises or to order equipment out of service. (b) Form. — Such notice shall: (1) Be in writing; (2) Include a description of the real estate sufficient for identification; (3) Include a statement of the reason or reasons why it is being issued; (4) Include a correction order allowing a reasonable time for the repairs and improvements required to bring the dwelling unit or structure into compliance with this chapter; and (5) Include state penalties for noncompliance. (c) Service. — Such service shall be deemed properly served upon such owner and/or occupant if a copy thereof is delivered to the owner and/or occupant personally; or by leaving the notice at the usual place or abode, in the presence of someone in the family of suitable age and discretion who shall be informed of the contents thereof; or by certified or registered mai