1 Del. Admin. Code § 706 § 4.0

Other Residential Occupancies.

In Force
Verified 10/21/2026 · Next check 10/28/2026
effective 10/21/2026DelawareCO & Smoke Alarms

Operative Text

1 Del. Admin. Code § 706 § 4.0
4.1 Each new and existing lodging, rooming, or boarding house; hotel, motel, or bed and breakfast facility; dormitory, apartment, or multi-family dwelling; board and care facility; or a residential occupancy by any other name shall have smoke detection devices and/or smoke detection systems installed in accordance with the following requirements:

4.1.1 Shall be installed outside each separate sleeping area in the immediate vicinity of the bedrooms, and;

4.1.2 Shall be installed in each bedroom and/or sleeping area, and;

4.1.3 Shall be installed on each additional story of the occupancy, including basements and corridors, hallways and stairwells, on each floor according to the standards and specifications of the National Fire Alarm Code, NFPA 72, as adopted and/or modified by these Regulations, but excluding crawl spaces and unfinished attics, if nothing is stored or kept in such areas, or;

4.1.4 Smoke detection devices and/or systems shall be installed in conformance with those provisions of the Life Safety Code, NFPA 101, as adopted and/or modified by these Regulations, for each particular occupancy, and;

4.1.5 The smoke detection devices or system listed in §4.1.1, §4.1.2 and §4.1.3, except as otherwise specified herein, shall be interconnected, so that operation of any smoke detection device shall cause the alarm-sounding devices in all smoke detectors within the building, occupancy or within a separate zoned area to sound or, it shall initiate the building fire alarm system to provide an audible warning to all occupants of the building, and;

4.1.6 The smoke detection devices and/or systems shall be hard-wired or operated through wireless battery power and supervised by a listed control panel, into the electrical system of the building or occupancy in accordance with the National Electric Code, NFPA 70, as adopted and/or modified by these Regulations.

4.2 With the approval of the State Fire Marshal, smoke detection devices in individual sleeping areas may be exempted from the requirement that they be interconnected if the building or occupancy is provided with an automatic smoke detection system in the hallways, corridors, and stairwells, or is connected to a building fire alarm system which will activate an alarm which is sufficiently audible to warn the occupants of the building of the impending danger of fire or hazard to life. This smoke detection system and/or fire alarm system shall be installed in accordance with the National Fire Alarm Code, NFPA 72, as adopted and/or modified by these Regulations and this Statute. (16 Del.C. §6633(d)).

Note: While not specifically addressed in this Chapter, it is the expressed intent that smoke detection devices be required in individual sleeping rooms pursuant to the standards of the Life Safety Code, NFPA 101, and the National Fire Alarm Code, NFPA 72, as adopted and/or modified by these Regulations, pursuant to the language of this §4.2. If an exception is attainable, then the inference is to be made that the devices are required.

4.3 For all buildings or occupancies which are required to install smoke detection devices and/or systems under §4.1 or §4.2 of this Chapter, that do not have an auxiliary, emergency, or back-up power supply, each smoke detection device or smoke detection system shall utilize the type of smoke detection device, or system that has a built-in battery back-up power supply. (16 Del.C. §6633(e)).

4.4 Where there is a conflict between installation requirements, the more strict of the installation specifications for a particular occupancy shall apply. (16 Del.C. §6633(b)).

4.5 Plans and specifications for all smoke detection devices and systems required under §4.1 and §4.2 of this Chapter shall be submitted to the Office of State Fire Marshal, prior to installation, for review and approval. (§6633(f)).

4.6 It shall be the responsibility of the owner of a residential occupancy listed in §4.1 to install and maintain smoke detection devices as required by this Regulation.

Exception: Where there is a tenant of a rented or leased occupancy, structure, or building required to have smoke detection devices and/or smoke detection systems, as required in this Chapter, and the rental, lease agreement, or contract is for a period of one month or more, such tenant shall be responsible for the maintenance of any smoke detection devices, with respect to maintaining an operable battery in the smoke detection device, within the individual or rented or leased unit.
Source: Legislative text reproduced verbatim
Plain English

Under 1 Del. Admin. Code 706 § 4.0, virtually all residential occupancies in Delaware — from hotels and dormitories to apartments and boarding houses — must have smoke detection devices installed outside sleeping areas, inside each bedroom, and on every floor, including basements and stairwells. These devices must generally be interconnected so that any triggered alarm sounds throughout the building, and they must be hard-wired or battery-powered with supervision by a listed control panel. When a building lacks emergency backup power, each device must include a built-in battery backup, and installation plans must be submitted to the Office of State Fire Marshal before work begins.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Under 1 Del. Admin. Code 706 § 4.0, property owners bear primary responsibility for installing and maintaining compliant smoke detection devices across all covered residential occupancies. Compliant operators typically submit plans to the Office of State Fire Marshal for review before installation, ensure devices are interconnected building-wide (or obtain an approved exemption under § 4.2), and confirm that hard-wiring or supervised battery-power arrangements meet NFPA 70 and NFPA 72 standards. Where a lease runs one month or more, the tenant assumes responsibility for keeping batteries operable within their individual unit, but the owner remains responsible for the overall system's installation and upkeep.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under 1 Del. Admin. Code 706 § 4.0, tenants in month-to-month or longer rental arrangements take on a specific duty: keeping the batteries in smoke detection devices within their individual unit in working order. The broader obligation to install and maintain the overall smoke detection system rests with the property owner, meaning tenants may have grounds to raise a violation if devices are absent or the system is non-compliant. Tenants who believe their building's smoke detection requirements are not being met can contact the Office of State Fire Marshal, consult a local tenant-rights organization, or explore other enforcement paths available under Delaware law.

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.

Effective Timeline

Current
Oct 21, 2026
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Related Rules

§ 26C
Certain public accommodations; automatic smoke or heat detectors
§ 26D
Definitions applicable to Secs. 26D to 26F
§ 26E
Residential buildings or structures; installation of smoke detectors

Source Information

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Fetched:Oct 21, 2026, 05:51 PM UTC