31 Del. C. ch. 41 § 4117
Heating, cooking and refrigeration facilities
Operative Text
(a) Heating. — Every dwelling unit and guest room shall be provided with heating facilities capable of maintaining a room temperature of 65° F., at a point 3 feet above the floor and 3 feet from an exterior wall in all habitable rooms, bathrooms and toilet rooms. (b) Cooking facilities. — In every dwelling unit that contains cooking and baking facilities for the purpose of preparation of food, such facilities shall be properly installed by the owner and operated and kept in a clean and sanitary working condition by the occupant. (c) Refrigeration. — In every dwelling unit that contains a refrigeration unit for the temporary preservation of perishable foods, such unit shall be capable of maintaining an average temperature below 45° F. and shall be properly installed by the owner and operated and kept in a clean and sanitary working condition by the occupant. (d) Cooking and heating equipment. — All cooking and heating equipment, components and accessories in every heating, cooking and water heating device shall be maintained free from leaks and obstructions and kept functioning properly so as to be free from fire, health and accident hazards. (e) Installation. — All mechanical equipment shall be properly installed and safely maintained in good working condition and be capable of performing the function for which it was designed and intended. (f) Flue. — All fuel-burning equipment designed to be connected to a flue, chimney or vent shall be connected in an approved manner. (g) Clearances. — All required clearances from combustible materials shall be maintained. (h) Safety controls. — All safety controls for fuel-burning equipment shall be maintained in effective operation. (i) Combustion air. — A supply of air for complete combustion of the fuel and for ventilation of the space shall be provided to the fuel-burning equipment. (j) Fireplaces. — Fireplaces and other devices intended for use similar to a fireplace, including wood-and-coal-burning stoves, shall be stable and structurally safe and connected to approved chimneys. (k) Climate control. — When facilities for interior climate control (heating, cooling or humidity) are integral functions of structures used as dwelling units, such facilities shall be maintained and operated in a continuous manner in accordance with the designed capacity.
Delaware Code 31 Del. C. ch. 41 § 4117 establishes minimum standards for heating, cooking, and refrigeration equipment in residential dwellings. Heating systems must be capable of reaching at least 65°F measured three feet above the floor and three feet from an exterior wall in all habitable rooms, bathrooms, and toilet rooms. Refrigeration units, where provided, must maintain temperatures below 45°F, and all cooking, heating, and fuel-burning equipment must be kept free from leaks, obstructions, and hazards. Responsibilities are split between owners, who must properly install equipment, and occupants, who must operate and keep certain appliances in clean, sanitary working condition.
Plain English — not legal advice.
Under 31 Del. C. ch. 41 § 4117, property owners and managers are generally responsible for the proper installation of heating, cooking, and refrigeration equipment and for ensuring all mechanical systems are safely maintained in good working condition. Compliant operators routinely verify that heating systems can achieve the 65°F threshold, that fuel-burning appliances are connected to approved flues or chimneys with adequate combustion air, and that all required clearances from combustible materials are maintained. Owners who provide climate-control systems as integral features of a dwelling unit are also expected to keep those systems operating continuously at their designed capacity.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 4117 of 31 Del. C. ch. 41 gives tenants a right to a dwelling with functioning, properly installed heating capable of reaching 65°F in habitable rooms, as well as safe cooking and refrigeration equipment where those are provided. Tenants share responsibility under this provision by operating appliances in a clean and sanitary manner, but the obligation to properly install equipment rests with the owner. Tenants who believe a landlord has failed to meet the installation or maintenance standards in § 4117 may consider documenting the conditions, notifying the landlord in writing, or reaching out to a local housing code enforcement office or a tenant-rights organization to learn about available complaint and enforcement paths.
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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