31 Del. C. ch. 41 § 4126
Duties and powers of code official
Operative Text
(a) In general. — The code official shall enforce all the provisions of this chapter relative to the maintenance of structures and premises, except as may otherwise be specifically provided by other regulations. (b) Notices and orders. — The code official shall issue all necessary notices and orders to abate illegal or unsafe conditions to insure compliance with the chapter requirements for the safety, health and general welfare of the public. (c) Inspections. — In order to safeguard the safety, health and welfare of the public, the code official is authorized to enter any structure or premises at any reasonable time for the purpose of making inspections and performing duties under this chapter. The fee for inspections performed by the Housing Director, when acting as a code official for the enforcement of the Code in areas which have not adopted the Code shall be $25 for the initial inspection and $10 for each subsequent inspection related to the same complaint. At the discretion of the Housing Director and for good cause shown, such inspection fees may be waived. (d) Right of entry. — If any owner, occupant or other person in charge of a structure subject to this chapter refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to any part of the structure or premises where inspection authorized by this chapter is sought, the code official may seek, in a court of competent jurisdiction, an order that such owner, occupant or other person in charge cease and desist with such interference. (e) Access by owner or operator. — Every occupant of a structure or premises shall give the owner or operator thereof, or agent or employee, access to any part of such structure or its premises at reasonable times for the purpose of making such inspection, maintenance, repairs or alterations as are necessary to comply with this chapter. (f) Credentials. — The code official or the code official’s authorized representative shall disclose proper evidence of the official’s or representative’s respective office for the purpose of demonstrating authority to inspect any and all buildings and premises in the performance of duties under this chapter. (g) Rulemaking authority. — The code official shall have power, as may be necessary in the interest of public safety, health and general welfare, to adopt and promulgate rules and regulations to interpret and implement this chapter to secure the intent thereof and to designate requirements applicable because of local climatic or other conditions. (h) Annual report. — At least annually, the code official shall submit to the chief executive of the community or State a written statement of activities in a form and content as shall be prescribed by the chief executive of that jurisdiction.
Under 31 Del. C. ch. 41 § 4126, Delaware's code official is granted broad authority to enforce housing maintenance standards across structures and premises. This includes issuing notices and orders to correct unsafe or illegal conditions, conducting inspections at reasonable times, and adopting rules needed to carry out the chapter's intent. When the Housing Director acts as code official in areas that have not locally adopted the Code, inspection fees are set at $25 for an initial visit and $10 for each follow-up inspection tied to the same complaint, though these fees may be waived for good cause.
Plain English — not legal advice.
Property owners and operators subject to 31 Del. C. ch. 41 § 4126 generally maintain compliance by cooperating with code official inspections conducted at reasonable times and ensuring that access is not obstructed or impeded. Compliant operators typically respond promptly to any notices or orders issued to abate unsafe or illegal conditions. Owners also generally ensure that occupants are informed of their obligation under this section to provide the owner or their agents access for inspections, maintenance, repairs, or alterations needed to meet chapter requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 31 Del. C. ch. 41 § 4126, tenants have a right to expect that the code official will present proper credentials before conducting an inspection, and that any inspections occur at reasonable times. Tenants are also required by this provision to allow owners, operators, or their agents access at reasonable times for inspections, maintenance, or repairs necessary to comply with the chapter. If a tenant believes unsafe or illegal housing conditions exist, this section provides that the code official has authority to issue abatement orders — a tenant-rights organization or legal aid office can help explain how to request an inspection or raise a code violation in a housing matter.
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
Related Rules
Source Information
Use this in your app
Access this data programmatically via our API