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Sussex County, DE Building Safety: Lead Paint (2026)

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

Key Facts

Lead threshold
More than 0.5% lead content banned
Covered surfaces
Interior, exterior, fences and outbuildings
Governing section
Sussex County Code § 71-13D
Penalty
$25-$500 fine or up to 30 days jail

Summary

Sussex County's Housing Code bans lead-based paint with more than 0.5% lead content from any interior or exterior surface of a dwelling, dwelling unit, fence or outbuilding. Section 71-13D makes the ban part of the interior-maintenance standard every rental and owner-occupied structure must meet under Chapter 71.

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.

Lead-based paint. Lead-based paint with a lead content of more than 0.5% shall not be applied to any interior or exterior surface of a dwelling or dwelling unit, including fences and outbuildings upon any premises.

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

5% lead content to any interior or exterior surface of a dwelling or dwelling unit, including fences and outbuildings on the premises. The prohibition covers new application, not just existing paint, and it reaches accessory structures like fences and outbuildings, not only the dwelling itself. It sits among the chapter's other interior standards, including the requirement that floors, walls, ceilings and other interior surfaces be kept in a good, clean and sanitary condition under Subsection C. 5% threshold can issue a correction order under § 71-27, and a structure that remains hazardous can be condemned under § 71-26 if it's found unfit for occupancy.

The ban applies regardless of when the structure was built, since § 71-10 requires every residential building's premises to meet Chapter 71's standards whenever a deviation threatens occupants' health and safety.

Violations & Fines

Applying paint with more than 0.5% lead content to a dwelling's surface, fence or outbuilding, and then ignoring a Code Official's correction order, is a misdemeanor under § 71-30B: $25 to $500 in fines, up to 30 days in jail, or both, with each day of noncompliance charged as a separate offense before the Justice of the Peace Court.

Frequently Asked Questions

What lead content triggers Sussex County's paint ban?
Any lead-based paint with more than 0.5% lead content is prohibited under § 71-13D. The ban applies to interior and exterior surfaces of a dwelling or dwelling unit, and it extends to fences and outbuildings on the same premises, not just the house itself.
Does the Sussex County lead paint rule apply to fences?
Yes. Section 71-13D specifically lists fences and outbuildings on the premises alongside the dwelling's interior and exterior surfaces, so a fence painted with more than 0.5% lead content violates Chapter 71 the same way painting the house itself would, and the Code Official can order it corrected under § 71-27.
Who enforces the lead paint ban in Sussex County?
The County Code Official enforces § 71-13D under the inspection and notice powers in §§ 71-25 and 71-27. A confirmed violation can bring a correction order, and ignoring it exposes the owner to the misdemeanor penalties in § 71-30B, up to $500 per day the violation continues.

Sources & Official References

Other rules in Sussex County

All Sussex County rules

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