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Sussex County, DE Building Safety: Elevator Maintenance (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Covered equipment
Boilers, heating equipment, elevators, moving stairways, wiring
Standard applied
Disrepair found to be a hazard to life or safety
Governing section
Sussex County Code § 71-26B
Emergency power
Code Official can order equipment out of service immediately
Penalty
$25-$500 fine or up to 30 days jail

Summary

Sussex County's Housing Code doesn't set an elevator maintenance schedule; instead it treats a disrepaired elevator as "unsafe equipment" that can support a finding that a structure is unfit for human occupancy. Section 71-26B's definition names elevators alongside boilers and heating equipment as hazards the Code Official can act on.

These county ordinances apply to unincorporated areas of Sussex County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

UNSAFE EQUIPMENT Includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid container or other equipment on the premises or within the structure which is in such disrepair or condition that it is found to be a hazard to life, health, property or safety of the public or occupants of premises or structure. "Unsafe equipment" may contribute to the finding that the structure is unsafe or unfit for human occupancy or use.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4401089; v17 updated 2025-06-17; through 06-17-2025).

Full Breakdown

Section 71-26B defines "unsafe equipment" to include any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid container or other equipment on the premises or within a structure that is in such disrepair or condition it is found to be a hazard to life, health, property or safety of the public or occupants, adding that unsafe equipment may contribute to a finding that the structure is unsafe or unfit for human occupancy. Chapter 71 doesn't impose a separate elevator inspection or maintenance schedule the way it does for plumbing or exterior doors; an elevator only becomes a code matter once the Code Official finds it hazardous enough to support a condemnation.

" Where the hazard is severe, § 71-29 allows an emergency order requiring the equipment be taken out of service immediately, subject to a hearing before a Board of Appeals under § 71-31 if the owner or occupant challenges it.

Violations & Fines

Occupying or using equipment placarded as condemned, or ignoring a correction or emergency order tied to unsafe equipment like a defective elevator, is a misdemeanor under § 71-30B: a fine of $25 to $500, up to 30 days in jail, or both, with each day of continued violation a separate offense before the Justice of the Peace Court.

Frequently Asked Questions

Does Sussex County require regular elevator inspections?
Chapter 71 doesn't set an inspection schedule for elevators. It only addresses them reactively, through the "unsafe equipment" definition in § 71-26B, which lets the Code Official treat a disrepaired elevator as grounds to find a building unsafe or unfit for occupancy. There's no separate county permit or periodic-inspection requirement for elevators in this chapter.
What can Sussex County do about a broken elevator in an apartment building?
If the Code Official finds the elevator's disrepair makes it a hazard to life, health or safety, it counts as "unsafe equipment" under § 71-26B and can support condemning the structure. The owner gets written notice and a correction deadline under § 71-27, and in a severe case the Code Official can order the elevator taken out of service immediately under § 71-29.
Can I appeal an order taking my building's elevator out of service?
Yes. Section 71-31 lets anyone aggrieved by the Code Official's action file written notice of appeal with the County or Community Board of Appeals within 10 days. Filing the appeal stays the order while the Board of Appeals hears the case, though an emergency order under § 71-29 must be complied with first, subject to a later hearing.

Sources & Official References

Other rules in Sussex County

All Sussex County rules

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