16 Del. Admin. Code § 4459 § 5.1.4
Determinations
Operative Text
5.1.4.1 Lead-based paint is present: 5.1.4.1.1 On any surface that is tested and found to contain lead equal to or in excess of 1.0 milligrams per square centimeter or equal to or in excess of 0.5% by weight; and 5.1.4.1.2 On any surface like a surface tested in the same room equivalent that has a similar painting history and that is found to be lead-based paint. 5.1.4.2 A paint-lead hazard is present: 5.1.4.2.1 On any friction surface that is subject to abrasion and where the lead dust levels on the nearest horizontal surface underneath the friction surface (e.g., the windowsill or floor) are equal to or greater than the dust hazard levels identified in subsection 5.6.8.8 of this regulation. 5.1.4.2.2 On any chewable lead-based paint surface on which there is evidence of teeth marks; 5.1.4.2.3 Where there is any damaged or otherwise deteriorated lead-based paint on an impact surface that is caused by impact from a related building component (such as a doorknob that knocks into a wall or a door that knocks against its door frame); and 5.1.4.2.4 If there is any other deteriorated lead-based paint in any residential building or child-occupied facility or on the exterior of any residential building or child-occupied facility. 5.1.4.3 A dust-lead hazard is present in a residential dwelling or child occupied facility: 5.1.4.3.1 In a residential dwelling on floors and interior windowsills when the weighted arithmetic mean lead loading for all single surface or composite samples of floors and interior windowsills is equal to or greater than the current EPA standards for floors and interior windowsills, respectively; 5.1.4.3.2 On floors or interior windowsills in an unsampled residential dwelling in a multi-family dwelling, if a dust-lead hazard is present on floors or interior windowsills, respectively, in at least 1 sampled residential unit on the property; and 5.1.4.3.3 On floors or interior windowsills in an unsampled common area in a multi-family dwelling, if a dust-lead hazard is present on floors or interior windowsills, respectively, in at least 1 sampled common area in the same common area group on the property. 5.1.4.4 A soil-lead hazard is present: 5.1.4.4.1 In a play area when the soil-lead concentration from a composite play area sample of bare soil is equal to or greater than 400 parts per million; or 5.1.4.4.2 In the rest of the yard when the arithmetic mean lead concentration from a composite sample (or arithmetic mean of composite samples) of bare soil from the rest of the yard (i.e., non-play areas) for each residential building on a property is equal to or greater than 1,200 parts per million.
Section 5.1.4 of 16 Del. Admin. Code 4459 establishes the technical thresholds at which lead-based paint, paint-lead hazards, dust-lead hazards, and soil-lead hazards are officially considered 'present' in residential buildings and child-occupied facilities. Lead-based paint is determined to exist when tested surfaces meet or exceed specific concentration levels, and that determination can extend to similar untested surfaces in the same room. Dust and soil hazards are triggered by measured lead loadings on floors, windowsills, and bare soil that meet or exceed EPA and state benchmarks, including in unsampled units or common areas of multi-family properties when at least one sampled area in the same group tests positive.
Plain English — not legal advice.
Property owners and managers operating under 16 Del. Admin. Code 4459 § 5.1.4 generally ensure that testing and risk assessments cover not only individual surfaces but also comparable surfaces in the same room equivalent with similar painting history, since a positive result on one surface can trigger a determination for similar nearby surfaces. Compliant operators typically track dust-lead levels on floors and interior windowsills against current EPA standards and monitor soil-lead concentrations in play areas (400 ppm threshold) and non-play yard areas (1,200 ppm threshold). In multi-family properties, a hazard finding in one sampled unit or common area can extend to unsampled units or common areas in the same group, so thorough sampling protocols are a hallmark of compliant property management under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 16 Del. Admin. Code 4459 § 5.1.4, tenants in residential dwellings and child-occupied facilities have an interest in understanding that lead hazards are defined by specific, measurable thresholds — covering paint, dust on floors and windowsills, and soil in yards and play areas — and that a hazard finding in one unit of a multi-family building can legally extend to unsampled neighboring units. Tenants who suspect lead hazards may consider requesting documentation of any risk assessments or inspections conducted on the property, including results for common areas and adjacent units. Tenant-rights organizations and Delaware's housing authorities can be resources for understanding what disclosures and remediation obligations may apply when a hazard determination has been made under this section.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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