TITLE 16

Health and Safety

Regulatory Provisions Concerning Public Health

CHAPTER 30M. Lead Paint on Outdoor Structures


The purpose of this chapter is to reduce risks to public health and welfare by banning the use of lead paints on outdoor structures in Delaware.

81 Del. Laws, c. 396, § 1.;

For purposes of this chapter, the following terms shall have the meanings defined in this section:

(1) “Lead paint” means paint containing lead or lead compounds and in which the lead is in excess of 90 parts per million (ppm) by weight of the total nonvolatile content of the paint or the weight of the dried paint film.

(2) “Outdoor structure” means any manmade permanent or semi-permanent structure or assemblage of parts, some or all of the surface of which is exposed to rain, snow, sunlight, humidity, or other outdoor forces of nature. Outdoor structures include bridges, water towers, pipes, playground equipment, highways, parking lots, guard rails, and poles or towers used in the transmission of telephone, internet, or electric power.

(3) “Paint” means varnishes, lacquers, enamels, glazes, primers, or other surface-coating materials used for any purpose; and is typically a mixture of resins, pigments, fillers, solvents, and other additives that constitute a finished product.

(4) “Person” means an individual, partnership, corporation, association, nonprofit, or governmental entity.

81 Del. Laws, c. 396, § 1.;

The use by any person of lead paints on outdoor structures, whether applied to new outdoor structures or already existing outdoor structures, shall be prohibited after the effective dates in this chapter.

81 Del. Laws, c. 396, § 1.;

(a) The Secretary of Department of Health and Social Services, or the Director of the Division of Public Health, or their designee shall enforce this chapter.

(b) Whoever violates this chapter or any rule or regulation duly promulgated thereunder, shall be punishable as follows by an administrative penalty imposed of not more than $10,000 per day for each completed violation. Each day of continued violation shall be considered as a separate violation.

81 Del. Laws, c. 396, § 1.;

The prohibition in this chapter for any new use or application of lead-based paints, pigments, and coatings shall become effective January 1, 2020. The prohibition in this chapter for any use or application of lead-based paints, pigments, and coatings that occurred prior to January 1, 2020, shall become effective on January 1, 2024.

81 Del. Laws, c. 396, § 1.;