16 Del. C. §§ 6631–6636 § 6631
Smoke detectors required
Operative Text
(a) Each owner of a residential occupancy, used wholly or in part as a home, residence, dwelling or sleeping place for 1 or more persons, either permanent or transient, including but not limited to any 1-family and 2-family dwelling, mobile home, modular home, townhouse; lodging, rooming or boarding house; hotel, motel, bed and breakfast facility; dormitory, apartment or multi-family dwelling; board and care facility; or a residential occupancy by any other name, be it rented, leased or owned, shall install, within such occupancy, smoke detection devices and/or smoke detection systems, either photo-electric or ionization types, capable of automatically sensing visible or invisible particles or products of combustion, and which activate an alarm sufficiently audible to warn the occupants of the building of an impending danger of fire or hazard to life. (b) The requirement for the installation of smoke detecting devices and/or smoke detection systems as provided for in this section shall apply to all new and existing occupancies, buildings and/or structures listed in subsection (a) of this section, regardless of when any such occupancy, building or structure was built. (c) It shall be the responsibility of the owner of a residential occupancy listed in subsection (a) of this section to install and maintain smoke detection devices as required by this chapter, with the following 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 subchapter, and the rental, lease agreement or contract is for a period of 1 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 rented or leased unit. (d) All smoke detection devices and/or smoke detection systems which are required to be installed under this subchapter shall be installed in accordance with the applicable provisions of the State Fire Prevention Regulations. (e) When the standards of the State Fire Prevention Regulations and the building codes change with respect to the number and location of smoke detectors in new construction, such standards shall be the minimum to be utilized for determining compliance with this statute for new construction. A listing of all updated standards and their effective dates shall be maintained in the State Fire Marshal’s Office. (f) It shall not be the duty of a real estate salesperson or broker, licensed under Chapter 29 of Title 24 to verify the compliance of any person or residential occupancy with the provisions of this subchapter.
Delaware law under 16 Del. C. §§ 6631–6636 requires owners of virtually every type of residential occupancy — from single-family homes and mobile homes to hotels, dormitories, and multi-family buildings — to install functioning smoke detection devices capable of sensing combustion particles and sounding an audible alarm. This requirement applies to all residential structures regardless of when they were built, covering both new and existing construction. Where a rental or lease runs for one month or more, the tenant takes on responsibility for keeping operable batteries in the smoke detectors within their individual unit, while the owner retains the broader duty to install and maintain the devices overall.
Plain English — not legal advice.
Under 16 Del. C. §§ 6631–6636, compliant residential property owners generally ensure that approved smoke detection devices — either photoelectric or ionization type — are installed throughout their properties in accordance with State Fire Prevention Regulations and any applicable building codes. Owners of rental properties with month-to-month or longer leases typically document the condition and operability of smoke detectors at move-in, since the statute shifts battery-maintenance responsibility to tenants for those units while leaving overall installation and maintenance obligations with the owner. Staying current with updates to the State Fire Marshal's Office standards helps owners meet the minimum compliance thresholds for new construction as those standards evolve.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in rental units covered by 16 Del. C. §§ 6631–6636 under a lease of one month or more are responsible for maintaining an operable battery in the smoke detection device within their individual unit, though the broader duty to install and maintain the devices themselves rests with the property owner. If a tenant believes their landlord has failed to install or properly maintain smoke detectors as required by this provision, options generally include notifying the landlord in writing, contacting the State Fire Marshal's Office, or reaching out to a local tenant-rights organization for guidance. Tenants may also wish to explore whether a landlord's non-compliance with §§ 6631–6636 could be raised as a relevant issue in housing or habitability proceedings.
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
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