16 Del. C. ch. 66C § 6605C
Penalties for noncompliance; enforcement
Operative Text
(a) The Justice of the Peace Court has jurisdiction over violations of this section. (b) It is unlawful for an owner or tenant of a lodging establishment required to have carbon monoxide detection devices under this chapter to fail to comply with this chapter. Violation of this subsection is punishable by a civil fine of not less than $100 nor more than $500 for each offense. (c) It is unlawful to tamper with, damage, destroy, or render inoperative any carbon monoxide detection devices required under this chapter. Violation of this subsection is punishable by a civil fine of not less than $100 nor more than $500 for each offense. (d) The State Fire Marshal may take the following actions under this chapter: (1) Promulgate rules and regulations necessary to implement the provisions of this chapter. (2) Issue a summons, where necessary, to the owner, the tenant, and the occupant of such lodging establishment, for an appearance in the nearest Justice of the Peace Court when a fire department responds to an alarm of any type at a lodging establishment required to have carbon monoxide detection devices under this chapter and such establishment does not have carbon monoxide detection devices or has carbon monoxide detection devices that are inoperable, not in service, or not installed or maintained as required under this chapter. (3) Investigate a complaint that a lodging establishment required to have carbon monoxide detection devices under this chapter does not have carbon monoxide detection devices or has carbon monoxide detection devices that are inoperable, not in service, or not installed or maintained as required under this chapter. (e) Each fine collected under this section must be remitted to the State Fire Marshal’s Office in accordance with § 6612 of this title, which provisions must be complied with in implementing the requirements of this chapter, except that the fines are collected within the jurisdictions of the cities of Wilmington, Newark, Dover, or New Castle must be remitted to the appropriate political subdivision. All receipts must be used to subsidize the costs of providing a greater public awareness of the ramifications of not having carbon monoxide detectors. (f) The State Fire Marshal’s Office shall be the statewide manager and agency for all public awareness programs generated by the proceeds of the fines collected under this section. (g) In addition to other remedies provided by this section, the State Fire Marshal or the Attorney General may, in addition to other remedies provided by this section, institute injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent any continued violations of this chapter.
Under 16 Del. C. ch. 66C § 6605C, both owners and tenants of lodging establishments covered by Delaware's carbon monoxide detection law can face civil fines between $100 and $500 per offense for failing to maintain required devices or for tampering with, damaging, or disabling them. The Justice of the Peace Court holds jurisdiction over these violations, and the State Fire Marshal is empowered to investigate complaints, issue summonses, and pursue injunctive relief. Fines collected are directed to the State Fire Marshal's Office or relevant municipality and must be used to fund public awareness efforts about carbon monoxide detector requirements.
Plain English — not legal advice.
Operators of lodging establishments subject to 16 Del. C. ch. 66C § 6605C are generally expected to keep carbon monoxide detection devices properly installed, maintained, and in working order at all times. When a fire department responds to any alarm at a covered property and finds devices missing, inoperable, or improperly installed, the State Fire Marshal may issue a summons directly to the owner for an appearance in Justice of the Peace Court. Compliant operators typically document installation, conduct routine maintenance checks, and ensure no device is tampered with or rendered inoperative.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants of lodging establishments covered by 16 Del. C. ch. 66C § 6605C share responsibility for carbon monoxide detection compliance and can themselves face civil fines of $100 to $500 per offense for failing to comply or for tampering with required devices. If a tenant believes a lodging establishment lacks required or functioning carbon monoxide detectors, a complaint may be filed with the State Fire Marshal's Office, which is authorized to investigate such reports. Tenant-rights organizations or legal aid services can help clarify what obligations and protections apply under this chapter.
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.
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