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Delaware Statutes, Title 31

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Delaware/Statutes

← All Delaware coverage

Title 31, Welfare

34 chapters · 493 sections in this title.

All chapters in Title 31493 Ch 3, CHILD WELFARE53 Ch 5, State Public Assistance Code43 Ch 45, Slum Clearance and Redevelopment Aut…43 Ch 40, THE DELAWARE STATE HOUSING AUTHORITY42 Ch 41, DELAWARE STATE HOUSING CODE35 Ch 38, Child Placement Review Act [Repealed].24 Ch 43, Housing Authority24 Ch 47, The Delaware Neighborhood Conservati…19 Ch 23, Aid to Persons with Blindness18 Ch 21, Division for the Visually Impaired17 Ch 1, Department of Health and Social Services15 Ch 36, Court-Appointed Special Advocate Pro…13 Ch 39, Adult Protective Services13 Ch 51, Services for Justice-Involved Youth13

35 sections·Filtered byTitle 31✕Ch 41✕

31 Del. C. § 4101. Title and scope.
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§ 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…
31 Del. C. § 4102. Purpose.
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§ 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 p…
31 Del. C. § 4103. Applicability.
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§ 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 …
31 Del. C. § 4104. Liberal interpretation.
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§ 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 occu…

31 Del. C. § 4105. Exemptions.

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§ 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 reme…

31 Del. C. § 4106. Construction of terms; definitions.

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§ 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 t…

31 Del. C. § 4107. Adoption by reference.

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§ 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;

31 Del. C. § 4108. Enforcement authority.

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§ 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;

31 Del. C. § 4109. Enforcement by State or community.

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§ 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…

31 Del. C. § 4110. Coordination of enforcement.

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§ 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…

31 Del. C. § 4111. General provisions.

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§ 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 premise…

31 Del. C. § 4112. Premises conditions.

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§ 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 n…

31 Del. C. § 4113. Exterior structure.

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§ 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. — Al…

31 Del. C. § 4114. Interior structure.

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§ 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. (…

31 Del. C. § 4115. Light, ventilation and space requirements.

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§ 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…

31 Del. C. § 4116. Plumbing facilities and fixtures requirements.

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§ 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) Wa…

31 Del. C. § 4117. Heating, cooking and refrigeration facilities.

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§ 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 habita…

31 Del. C. § 4118. Electrical facilities.

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§ 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 li…

31 Del. C. § 4119. Fire safety requirements.

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§ 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. — Eve…

31 Del. C. § 4120. Responsibilities of owners and occupants.

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§ 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…

31 Del. C. § 4121. Extermination.

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§ 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 tena…

31 Del. C. § 4122. General provisions.

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§ 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 procedure…

31 Del. C. § 4123. Administrative liability.

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§ 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 …

31 Del. C. § 4124. Conflict of interest.

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§ 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 …

31 Del. C. § 4125. Records.

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§ 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;

31 Del. C. § 4126. Duties and powers of code official.

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§ 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. …

31 Del. C. § 4127. Condemnation.

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§ 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 struct…

31 Del. C. § 4128. Notices and orders.

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§ 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 conde…

31 Del. C. § 4129. Placarding.

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§ 4129. Placarding. (a) Placarding of structure. — After the condemnation notice required under this chapter has resulted in an order by virtue of failure to comply within the time given, the code official may post on the premises or structure or parts thereof, or on defective eq…

31 Del. C. § 4130. Emergency orders.

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§ 4130. Emergency orders. (a) In general. — Whenever a code official finds that an emergency exists on any premises, or in any structure or part thereof or on any defective equipment which requires immediate action to protect the public’s health and safety or that of the occupant…

31 Del. C. § 4131. Violations.

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§ 4131. Violations. (a) Unlawful acts. — It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, remove, demolish, use or occupy any structure or equipment regulated by this chapter, or cause same to be done, contrary to or in conflict…

31 Del. C. § 4132. Demolition.

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§ 4132. Demolition. (a) In general. — The code official may order the owner of premises upon which is located any structure or part thereof, which in the code official’s judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or other…

31 Del. C. § 4133. Creation of tax lien.

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§ 4133. Creation of tax lien. There is hereby created a tax lien on real property for moneys expended by the State, or a community, for razing, demolition, removal or repairs of buildings or abatement of other unsafe conditions constituting a threat to the public health and safet…

31 Del. C. § 4134. Violation of existing ordinance, code or regulation.

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§ 4134. Violation of existing ordinance, code or regulation. This chapter shall not affect violations of any other ordinance, code or regulation of the State, county or municipality existing prior to July 12, 1985, and any such violation shall be governed and shall continue to be…

31 Del. C. § 4135. Violation of existing ordinance, code or regulation [Transferred].

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§ 4135. Violation of existing ordinance, code or regulation [Transferred]. Transferred.