16 Del. Admin. Code § 4459 § 5.1.5
16 Delaware Administrative Code § 4459 — Lead-Based Paint Hazards
Operative Text
Clearance levels that are appropriate for the purposes of this Section may be found listed in subsection 5.6.8.8 of this regulation; in the EPA Guidance on Residential Lead-based Paint, Lead-Contaminated Dust, and Lead Contaminated Soil; or other methods and guidelines deemed equivalent by the EPA or HUD.
Section 5.1.5 of 16 Del. Admin. Code 4459 establishes that acceptable clearance levels for lead-based paint, lead-contaminated dust, and lead-contaminated soil are not fixed solely within this single subsection but may be drawn from multiple recognized sources. Those sources include the specific thresholds listed in subsection 5.6.8.8 of the same regulation, EPA guidance documents on residential lead hazards, or any methods and guidelines that the EPA or HUD has formally recognized as equivalent. The provision effectively creates a flexible but bounded framework, tying acceptable clearance standards to authoritative federal and state references rather than a single static list.
Plain English — not legal advice.
Operators managing residential properties subject to 16 Del. Admin. Code 4459 § 5.1.5 generally consult subsection 5.6.8.8 of the same regulation alongside current EPA and HUD guidance to confirm which clearance levels apply to their lead hazard work. Compliant operators typically document which recognized source they relied upon when determining that a property has met clearance standards after lead abatement or remediation activities. Staying current with any updates to EPA or HUD guidance is a common practice, since the provision expressly allows for equivalent methods and guidelines as those agencies recognize them.
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 § 5.1.5, tenants in properties subject to lead hazard regulations have an interest in knowing that clearance levels used after lead remediation work must come from recognized, authoritative sources — not arbitrary determinations by a landlord or contractor. If a tenant believes that proper clearance standards were not applied after lead work was performed, they may consider reviewing the referenced EPA and HUD guidance documents to understand what thresholds should have been met. Tenant-rights organizations and the U.S. Department of Housing and Urban Development's fair housing resources can be starting points for understanding enforcement options available under this provision.
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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