Wilmington, DE Building Safety: Elevator Maintenance (2026)
Key Facts
- Who tests
- Insurer, agent, or approved inspector
- Report deadline
- 30 days after test
- Cost borne by
- Building owner
- R-3/R-4 exemption
- If not public-accessed
- Violation
- Misdemeanor, per-day offense
Summary
Wilmington requires building owners to have elevators periodically tested and to keep the code official informed of the results.
Periodic tests shall be made by the owner's insurance company or its authorized agent or by an authorized elevator inspector agency approved by the code official, and shall be made at the expense and responsibility of the owner. This subsection shall not apply to elevators in structures in use group R-3 or R-4, which are not accessed by the general public. It shall be the sole responsibility of the owner to ensure the safety of operation of its elevating equipment.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 72).
Full Breakdown
Under the amended International Building Code adopted in Wilmington City Code § 4-27, owners must have elevators periodically tested by their insurance company, an authorized agent, or an elevator inspector agency approved by the code official: at the owner's expense. Test reports go to the code official within 30 days of testing. Owners must also submit proof of inspections and maintenance tests before the code official issues a certificate of registration. Elevators in R-3 or R-4 buildings not accessed by the public are exempt from the periodic-test rule, but owners always bear responsibility for safe operation.
Violations & Fines
Failure to comply is a misdemeanor under section 116.4; each day of noncompliance is a separate offense. Inspectors can also seal unsafe equipment out of service, and running sealed equipment or removing the seal without approval is a separate violation.
Frequently Asked Questions
Who pays for Wilmington elevator testing?
Can Wilmington shut down an unsafe elevator?
Sources & Official References
Other rules in Wilmington
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