Sussex County, DE Building Safety: Lead Paint (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.
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.
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?
Does the Sussex County lead paint rule apply to fences?
Who enforces the lead paint ban in Sussex County?
Sources & Official References
Other rules in Sussex County
Compare Sussex County to another location·View the Delaware building safety overview
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