New Castle County, DE Building Safety: Lead Paint (2026)
Key Facts
- Governing section
- New Castle County Code § 19.03.003
- Lead-era trigger
- Units built before 1978
- First violation fine
- $25 per landlord
- Uncured continuing fine
- $15 per day per unit
- Coverage
- Unincorporated plus opt-in municipalities only
Summary
Landlords must hand every tenant the county's Tenants' Rights Guide at lease signing; its Lead Paint section flags pre-1978 units for the federal EPA pamphlet and disclosure form. Failing to prove delivery draws escalating fines.
If your unit was built before 1978, you should receive the United States E.P.A. pamphlet on lead safety and hazards. You should also be presented with a lead paint disclosure form to sign with your lease. If your unit was tested to be below 1.0mg/cm 2 of lead you may not have to receive the pamphlet.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5).
Full Breakdown
New Castle County doesn't run its own lead-paint testing or abatement program, but Code § 19.03.003 requires every landlord of a covered rental unit to distribute the county's Tenants' Rights Guide whenever a tenancy begins. The Guide's Lead Paint entry tells tenants a unit built before 1978 should come with the U.S. EPA lead-safety pamphlet and a lead-paint disclosure form to sign with the lease, unless testing shows lead below 1.0 mg/cm². The mandate reaches unincorporated New Castle County plus any incorporated municipality that has signed a contract to participate; Wilmington and Newark run their own codes and aren't covered here.
Violations & Fines
Landlords who can't prove Guide delivery face a $25 penalty per landlord for the first violation, an added $50 if uncured after 20 days, then $15 per day per rental unit until delivery is proven, under Sec. 19.04.002.C.3.c.
Frequently Asked Questions
Does New Castle County have its own lead-paint disclosure form?
Are Wilmington and Newark rentals covered by this county rule?
Sources & Official References
Other rules in New Castle County
Compare New Castle County to another location·View the Delaware building safety overview
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