Title 31, Welfare

§ 4060. Delaware Interagency Council on Homelessness [Repealed].76 Del. Laws, c. 404, § 1; 78 Del. Laws, c. 347, § 1; repealed by 81 Del. Laws, c. 345, § 2, effective July 23, 2018.;

§ 4070. Purpose [For application of this section, see 84 Del. Laws, c. 352, § 3]. Increasing the amount and quality of workforce housing is a critical need for Delaware’s residents to ensure economic well-being and better quality of life. The purpose of this subchapter is to enco…

§ 4071. Definitions [For application of this section, see 84 Del. Laws, c. 352, § 3]. As used in this subchapter: (1) “DSHA” means the Delaware State Housing Authority as established in Chapter 86 of Title 29. (2) “DWH grant” or “grant” means a Delaware Workforce Housing grant as…

§ 4072. Qualifications for DWH grants [For application of this section, see 84 Del. Laws, c. 352, § 3]. Subject to the limitations set forth in this subpart, any qualified workforce housing investor making a qualified workforce housing investment in an Investment Level 1 or Inves…

§ 4073. Limitations and conditions [For application of this section, see 84 Del. Laws, c. 352, § 3]. (a) The availability of DWH grants in any given year is subject to appropriation by the General Assembly. (b) Except as otherwise provided in subsection (c) of this section, DSHA …

§ 4074. Policies and procedures for allocation of DWH grants [For application of this section, see 84 Del. Laws, c. 352, § 3]. (a) Qualified workforce housing investors are eligible to receive DWH grants provided for in this subchapter to the extent that they apply for and are ap…

§ 4075. Administration [For application of this section, see 84 Del. Laws, c. 352, § 3]. (a) DSHA holds primary responsibility for administering the Delaware Workforce Housing Program. DSHA’s powers and duties include: (1) Adopting rules and procedures as needed or desirable to e…

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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. (…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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 …

§ 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. …

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

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

§ 4201. Standards. All applications for public financial assistance to be used in the construction of new dwelling units shall include the extent of the proposed construction’s use of the standards of universal design found in this chapter. This chapter does not apply to redevelo…

§ 4202. Definitions. As used in this chapter, the following terms shall mean: (1) “Accessible level” shall mean the first floor of the dwelling unit. (2) “Accessible route” shall mean a continuous, unobstructed path that complies with § 4204 of this title. With the exception of r…

§ 4203. Dwelling unit no-step entry. (a) The dwelling unit may provide at least 1 primary no-step entry, valued at 8 points if it complies with the following: (1) A door width and type that is 36 inches wide, at a minimum, with a standard pivot or hinged door; (2) A maximum thres…

§ 4204. Interior accessible route; interior doors, doorways, and hallways. The dwelling unit may provide for an accessible route running through the interior of the dwelling unit, valued at 8 points if it complies with the following: (1) The accessible route shall be continuous t…