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Wilmington, DE Building Safety: Lead Paint (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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?
Not under city code specifically: the city's mechanism is a mandatory inspection and abatement order under § 13-133, not a disclosure form.
What happens if lead paint is found in a rental unit?
The commissioner of licenses and inspections orders the owner to remove, abate, or encapsulate it and refinish the surface under safe conditions.

Sources & Official References

Other rules in Wilmington

All Wilmington rules

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