Wilmington, DE Building Safety: Lead Paint (2026)
Key Facts
- Trigger
- Rental inspection or tenant complaint
- Enforcer
- Dept. of Licenses and Inspections
- Remedy ordered
- Removal, abatement, or encapsulation
- Related ban
- No lead paint on dwelling interiors
- Citation
- Wilmington City Code § 13-133
Summary
Wilmington orders lead paint removed from rental interiors whenever a rental inspection or tenant complaint finds it, under City Code § 13-133.
When, during the course of a rental inspection under section 34-35 of this Code or following the receipt of a complaint of a tenant or other person, the commissioner of the department of licenses and inspections...shall find upon any rental property, paint containing lead in any form or compound on the interior surfaces, including but not limited to walls, ceilings, window sills, floors, doors or door frames, he shall order the removal, abatement encapsulation, or other similarly approved method of abatement of the paint under such safety conditions as he deems reasonable.
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
Wilmington's code doesn't impose a stand-alone lead-paint disclosure form like federal law does: instead it ties lead paint directly to the mandatory rental inspection program. If a rental inspection under § 34-35, or a tenant complaint, turns up lead paint on interior surfaces (walls, ceilings, sills, floors, doors, or frames), the licenses-and-inspections commissioner must order the owner to remove, abate, or encapsulate it and refinish the surface. Sale or use of unlabeled lead paint above one percent lead content, and use of any lead paint on interior surfaces of a dwelling or childcare space, are separately banned under §§ 13-132 and 13-134.
Violations & Fines
Commissioner orders removal/abatement/encapsulation of interior lead paint found during a rental inspection or after a tenant complaint; refinishing must meet § 13-134's no-lead standard.
Frequently Asked Questions
Does Wilmington require a lead paint disclosure form for rentals?
What happens if lead paint is found in a rental unit?
Sources & Official References
Other rules in Wilmington
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