31 Del. C. ch. 41 § 4119
Fire safety requirements
Operative Text
(a) In general. — A safe, continuous and unobstructed means of egress shall be provided from the interior of a structure to the exterior at a street, or to a yard, court or passageway leading to a public open area at grade. (b) Direct exit. — Every dwelling unit or guest room shall have access directly to the outside or to a public corridor. (c) Locked doors; exit through other units. — All doors in the required means of egress shall be readily openable from the inner side. Exits from dwelling units, hotel units, lodging units and dormitory units shall not lead through other such units, or through toilet rooms or bathrooms. (d) Fire escapes. — All required fire escapes shall be maintained in working condition and structurally sound. (e) Exit signs. — All exit signs shall be maintained, illuminated and visible. (f) Accumulations of waste, etc., prohibited. — Waste, refuse or other materials shall not be allowed to accumulate in stairways, passageways, doors, windows, fire escapes or other means of egress. (g) Flammable matter. — Highly flammable or explosive matter, such as paints, volatile oils, and cleaning fluids, or combustible refuse, such as wastepaper, boxes and rags, shall not be accumulated or stored on residential premises except in reasonable quantities consistent with normal usage. (h) Residential unit. — A dwelling unit or rooming unit shall not be located within a structure containing an establishment handling, dispensing or storing flammable liquids with a flash point of 110° F. or lower. (i) Fire alarms. — Fire alarms and detecting systems shall be maintained and be suitable for their respective purposes. (j) Fire suppression system. — Fire suppression systems shall be maintained in good condition, free from mechanical injury. Sprinkler heads shall be maintained clean, free of corrosion and paint and not bent or damaged. (k) Fire extinguishers. — All portable fire extinguishers shall be visible and accessible, and maintained in an efficient and safe operating condition.
Section 4119 of Title 31 of the Delaware Code establishes comprehensive fire safety standards for residential structures. The provision requires that buildings maintain clear, unobstructed exit paths from interior spaces to the outside, and that fire safety equipment — including alarms, suppression systems, fire escapes, exit signs, and portable extinguishers — be kept in proper working order. The rule also prohibits the accumulation of flammable or combustible materials beyond normal household quantities, and bars dwelling units from being located in buildings where low-flash-point flammable liquids are stored or dispensed.
Plain English — not legal advice.
Under 31 Del. C. ch. 41 § 4119, compliant property operators generally conduct regular inspections to confirm that all egress pathways remain clear and unobstructed, that exit doors open freely from the inside, and that no unit's exit routes pass through another unit, bathroom, or toilet room. Operators also routinely verify that fire escapes are structurally sound, exit signs are illuminated, and all fire suppression systems, alarms, and portable extinguishers are functional and properly maintained. Attention to storage practices — ensuring that flammable or combustible materials do not accumulate beyond reasonable household quantities in stairways, passageways, or other egress areas — is also a standard part of ongoing property management under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
31 Del. C. ch. 41 § 4119 establishes fire safety conditions that residential properties in Delaware are required to meet, including clear exit paths, working fire escapes, illuminated exit signs, functional alarms and suppression systems, and accessible fire extinguishers. If a tenant observes conditions that appear to fall short of these standards — such as blocked stairways, broken fire escape components, or non-functioning alarms — they may have grounds to report the issue to the relevant local housing or code enforcement authority. Tenants may also wish to consult a tenant-rights organization to understand how documented fire safety deficiencies could be raised as part of a habitability concern or other enforcement pathway available under Delaware law.
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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