Sussex County, DE Building Safety: Elevator Maintenance (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.
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.
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?
What can Sussex County do about a broken elevator in an apartment building?
Can I appeal an order taking my building's elevator out of service?
Sources & Official References
Other rules in Sussex County
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