25 Del. C. ch. 54 § 5404
Lead inspectors
Operative Text
(a) Only individuals approved as lead inspectors by the Department may issue certificates. No individual may be approved by the Department as a lead inspector unless the individual has successfully completed a training program approved by the Department on the identification and evaluation of lead-based paint hazards or a training program of another state that the Department has determined to be as stringent as the program approved by the Department. (b) No certificate may be issued unless the lead inspector conducts an inspection and evaluation of the rental unit and premises in a manner required by Department regulations. (c) The Department must establish and maintain a list of all lead inspectors. The list must be available to the public. (d) The lead inspector must inform the Department, the landlord, and tenant of any lead-based paint hazard revealed during an inspection and evaluation of a rental unit. The lead inspector must provide the landlord and tenant with information regarding the safe remediation and abatement of lead-based paint hazards as required by Department regulations.
Under 25 Del. C. ch. 54 § 5404, only individuals who have been approved by the Delaware Department as lead inspectors—after completing a qualifying training program on identifying and evaluating lead-based paint hazards—are authorized to issue lead-hazard certificates for rental units. A certificate cannot be issued unless the inspector physically inspects and evaluates the rental unit and premises according to Department regulations. When a lead-based paint hazard is found, the inspector is required to notify the Department, the landlord, and the tenant, and must also provide both parties with information about safe remediation and abatement as specified by Department regulations. The Department is further required to maintain and publicly publish a list of all approved lead inspectors.
Plain English — not legal advice.
Under 25 Del. C. ch. 54 § 5404, compliant property owners ensure that any lead inspection of their rental units is conducted by an inspector who appears on the Department's publicly available list of approved lead inspectors. Operators generally retain documentation confirming that the inspector performed an on-site evaluation in accordance with Department regulations before a certificate is issued. When a lead-based paint hazard is identified, landlords can expect to receive both formal notification from the inspector and written information about safe remediation and abatement options as required by Department regulations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5404 of 25 Del. C. ch. 54 gives tenants the right to be directly notified by the lead inspector if any lead-based paint hazard is discovered during an inspection of their rental unit. Tenants are also entitled to receive information about safe remediation and abatement of those hazards, as required by Department regulations. Tenants who want to verify that an inspector is properly credentialed can consult the Department's publicly maintained list of approved lead inspectors; tenant-rights organizations can help explain what options may be available if a certificate was issued by an unapproved individual or without a proper inspection.
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
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation