1 Del. Admin. Code § 706 § 4.0
Fire Protection Required in New and Existing Apartment Buildings.
Operative Text
4.1 Smoke Detection Systems Required. All new apartment buildings shall be provided with an automatic smoke detection system in the interior corridors and/or hallways and/or stairways, in accordance with the Life Safety Code, NFPA 101, and the National Fire Alarm Code, NFPA 72, as adopted and/or modified by these Regulations. Exception: Where each dwelling unit is separated from other contiguous dwelling units by fire barriers having a fire resistance rating of not less than one hour, and where each dwelling unit has either its own independent exit or its own independent stairway or ramp discharging at grade. Note: This requirement also appears in Regulation 701 and reappears in this specific occupancy Chapter for clarification. 4.1.1 All required corridor smoke detection systems shall initiate the building fire alarm signaling system. 4.2 A corridor smoke detection system shall be installed in all apartment buildings in accordance with the Life Safety Code, NFPA 101, as adopted and/or modified by these Regulations. Note: This requirement also appears in Regulation 701 and reappears in this specific occupancy Chapter for clarification. 4.3 Multiple Station Smoke Detectors. In each apartment or residential unit of an apartment building or multi-family residential occupancy, hardwired, battery back-up, single or multiple station smoke detectors shall be installed according to the following: 4.3.1 One in each living unit located near the bedroom area(s); and 4.3.2 One in each sleeping room and/or bedroom. 4.4 Portable Fire Extinguishers. All apartment buildings shall be provided with portable fire extinguishers, placed as follows: 4.4.1 At least one extinguisher with a rating of at least 2A-10BC shall be located on each stairway landing of every stairway common to two or more apartment units. Exception: In lieu of the above, the owner may provide at least one extinguisher with a rating of at least 1A-10BC to each individual apartment unit. 4.4.2 Each hazard area (such as laundry room, storage area, etc.) shall be provided with at least one extinguisher with a minimum rating of 2A-20BC.
Section 4.0 of 1 Del. Admin. Code 706 establishes fire protection requirements for both new and existing apartment buildings in Delaware. The rule mandates automatic smoke detection systems in common corridors, hallways, and stairways, as well as hardwired smoke detectors with battery backup inside each individual dwelling unit — one near the bedroom area and one in each sleeping room. Additionally, portable fire extinguishers of specified ratings must be placed on stairway landings shared by two or more units, with an alternative option of providing individual unit extinguishers, and hazard areas such as laundry rooms must have their own higher-rated extinguishers.
Plain English — not legal advice.
Operators of apartment buildings subject to 1 Del. Admin. Code 706 § 4.0 generally maintain corridor smoke detection systems that are integrated with the building's fire alarm signaling system, as required under Section 4.1.1. Compliant operators also ensure that each dwelling unit contains hardwired, battery-backed smoke detectors positioned near bedroom areas and inside each sleeping room per Sections 4.3.1 and 4.3.2. For fire extinguisher compliance under Section 4.4, operators typically document the placement and rating of extinguishers on shared stairway landings or in individual units, and verify that hazard areas like laundry rooms carry extinguishers rated at a minimum of 2A-20BC.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 1 Del. Admin. Code 706 § 4.0, tenants in Delaware apartment buildings are entitled to functioning smoke detectors inside their unit — one near the bedroom area and one in each sleeping room — as well as access to properly rated fire extinguishers in shared stairways or within their individual unit. If a tenant observes that required smoke detectors are missing, non-functional, or that fire extinguishers are absent from required locations, this may constitute a violation of these regulations. Tenants can report such conditions to the relevant Delaware state or local fire marshal's office, or consult a tenant-rights organization to understand available remedies.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.