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Does Delaware Require CO Detectors? Rental and Lodging Rules

Last verified: February 17, 2026

Delaware carbon monoxide detector laws are anchored in Title 16, Chapter 66C, which governs covered lodging establishments rather than all owner-occupied private homes. The statute reaches many rental and hospitality properties, including apartments, hotels, and similar paid sleeping units when risk factors such as fuel-burning equipment or attached-garage exposure are present.

Chapter 66C also sets owner and tenant duties, installation standards, and enforcement pathways through the State Fire Marshal and Justice of the Peace Court process. Because compliance includes ongoing maintenance and documentation duties, operators should treat it as a recurring property control, not a one-time installation event.

Operators should retain placement records, testing logs, tenant notices, and corrective-action timelines for each covered unit.

Quick Safety Summary

CO detector requirements for Delaware
Applies to homes? No
Applies to rentals? Yes
Applies to hotels/STRs? Yes

When Are CO Alarms Required?

  • Buildings with fuel-burning appliances
  • Buildings with attached garages
  • New construction
  • Chapter 66C uses a lodging-establishment scope model tied to listed risk conditions.

Where to Install CO Alarms

  • Install required devices in each covered dwelling or sleeping unit, with detailed in-unit placement set by State Fire Marshal rules.

For detailed placement guidance beyond legal requirements, see where to place carbon monoxide detectors.

Device Requirements

  • Devices must provide interconnected notification throughout the required area or initiate the building alarm system where applicable.
  • Primary power from building wiring is required for covered installations.
  • Battery backup is required when building power is interrupted.

Landlord and Tenant Responsibilities

Landlord: Covered owners and operators must install and maintain required devices and keep them operable.

Tenant: In lodging units leased for one month or longer, tenants are responsible for keeping device batteries operable where the statute assigns that duty.

  • Lease language should define battery, testing, and reporting responsibilities for each unit type.

Enforcement

Enforced by: Delaware State Fire Marshal with Justice of the Peace Court jurisdiction for cited violations.

Enforcement typically occurs:

  • During complaint response, alarm-response follow-up, or compliance inspections in covered lodging occupancies.
  • When required devices are missing, inoperable, disconnected, or not installed per governing rules.
  • The Fire Marshal or Attorney General may seek injunctive relief to stop continuing violations.

Penalties for Non-Compliance

Delaware law provides civil fine exposure of $100 to $500 per offense for Chapter 66C noncompliance and tampering scenarios.

16 Del. C. Chapter 66C enforcement and penalty provisions including section 6605C.

Additional Notes

  • Chapter 66C is not a blanket statewide mandate for all owner-occupied private homes.
  • Placement specifics should be confirmed against current Fire Marshal rules for the exact occupancy type.

Official Sources & References

Disclaimer: This information is provided for general guidance and is not legal advice. Requirements may vary by city, county, and building type. Always verify current rules with local authorities and official sources.

Frequently Asked Questions

Which Delaware law is the main carbon monoxide detector requirement for rentals and hotels?
Delaware's main statewide legal anchor is Title 16, Chapter 66C. It applies to covered lodging establishments, including many apartments and hospitality units, and ties obligations to risk conditions such as fuel-burning equipment or attached-garage pathways. Operators should treat Chapter 66C as the baseline compliance document for installation, maintenance, and documentation duties. The best practice is to cite section-level language in local checklists so inspection, maintenance, and legal teams are using the same compliance standard during audits.
What property types are covered as lodging establishments in Delaware?
Chapter 66C uses a broad lodging-establishment model that can include hotels, motels, bed and breakfast properties, and many paid dwelling or sleeping units. Coverage is not only a hotel-only rule, so multifamily and rental operators should verify whether their units fall under statutory definitions and trigger conditions. Teams should not rely on property marketing labels alone. Delaware compliance files should include a written occupancy classification decision and the specific chapter sections used to support that classification.
What installation and power standards apply under Delaware Chapter 66C?
Delaware's cited statutory framework requires devices to be installed in covered units with interconnected signaling outcomes and hardwired primary power plus battery backup. Exact in-unit placement details are handled through State Fire Marshal rules, so operators should align site plans with current agency requirements for the occupancy type. Installation quality records should include device model, power method, interconnection test result, and inspection date. That record set helps reduce disputes during follow-up enforcement reviews.
What penalties can apply for missing or inoperable Delaware CO detectors?
Chapter 66C includes civil penalty exposure in the $100 to $500 range per offense for covered noncompliance and tampering behavior. Enforcement can move through State Fire Marshal action and Justice of the Peace Court pathways when required devices are absent, disabled, or not maintained as required. Property operators should treat each notice as time-sensitive and track correction dates carefully. A complete notice-to-repair timeline often becomes the most important evidence if a case escalates.
Are all-electric Delaware units automatically exempt from detector duties?
Not automatically. Delaware's statewide framework is occupancy and trigger based, and scope can involve factors beyond a simple utility profile, including attached-garage exposure and statutory lodging definitions. Owners should review the specific unit and occupancy against Chapter 66C and applicable Fire Marshal rules before recording an exemption decision. A defensible exemption file should include the trigger analysis, reviewer name, and decision date so future inspections can verify the rationale. Delaware property managers should revisit this analysis after major remodels.
How does Delaware compare with Maryland for Mid-Atlantic compliance planning?
Delaware centers its statewide approach on Title 16 Chapter 66C for covered lodging occupancies, while Maryland operators often work through a different state and local code mix depending on building type. Regional teams should avoid a single shared Mid-Atlantic checklist without state-level branching. For comparison planning, review Maryland CO detector laws and map differences in trigger logic, role allocation, and enforcement workflow before rollout. Delaware compliance teams should document state-specific training steps for each workflow branch.

Practical CO Detector Guides

Beyond legal requirements, these guides help you choose, install, and maintain CO alarms:

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