31 Del. C. ch. 41 § 4130
Emergency orders
Operative Text
(a) In general. — Whenever a code official finds that an emergency exists on any premises, or in any structure or part thereof or on any defective equipment which requires immediate action to protect the public’s health and safety or that of the occupants thereof, the code official may, with proper notice and service in accordance with § 4128 of this title, issue an order reciting the existence of such an emergency and requiring the vacating of the premises or such action taken as the code official deems necessary to meet such emergency. Notwithstanding other provisions of this chapter, such order shall be effective immediately, and the premises or equipment involved shall be placarded immediately upon service of the order. (b) [Repealed.]
Under 31 Del. C. ch. 41 § 4130, when a code official determines that an emergency condition on a property, structure, or piece of equipment poses an immediate threat to public health and safety or to the safety of occupants, that official has the authority to issue an emergency order requiring the premises to be vacated or other corrective action to be taken. Unlike standard enforcement procedures, this type of order takes effect immediately upon service, and the affected property or equipment must be placarded at that same time. Notice and service must still follow the procedures outlined in § 4128 of the same title.
Plain English — not legal advice.
Property owners and managers should be aware that under § 4130, a code official who identifies an emergency condition has authority to issue an order that becomes effective immediately — bypassing the typical waiting periods that apply to standard code violations. Compliant operators generally maintain their properties and equipment in a condition that prevents emergency-level hazards from arising, and they respond promptly when a code official contacts them about urgent safety concerns. Upon service of an emergency order, the property or equipment will be placarded immediately, which can affect occupancy and operations until the underlying condition is resolved.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 4130 provides occupants with a meaningful protection: if a code official determines that conditions on the premises pose an immediate danger, an emergency order can be issued and take effect right away, potentially requiring the property to be vacated or remediated without delay. Tenants who believe their living conditions present an immediate health or safety hazard may contact their local code enforcement office to request an inspection, which could trigger the emergency order process under this provision. Tenant-rights organizations can help occupants understand what options are generally available when emergency conditions arise, including how the placarding of a property may affect their rights and obligations.
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 In
Rules and statutes that cite this regulation