Delaware's fire code redefined “condominium” — and says the HOA owns the structure
Delaware's fire code redefined “condominium” — and says the HOA owns the structure
2026-08-07 · Delaware · Regulation
Delaware's State Fire Prevention Commission rewrote what “condominium” means in its own regulations, effective January 1, 2026. The new definition says a condominium is not a type of building at all — it is a form of ownership, and the structure belongs to the association.
The old definition and the new one
The old text, in 1 DE Admin. Code 701, Administration and Enforcement: “An apartment building or housing area in which the living units are individually owned.”
The new text: “‘Condominium’ is a form of ownership, not an occupancy. An example would be an apartment building. The dwelling units are owned individually, but the structure is owned by the homeowner's association (HOA).”1
Why a definition change is worth reporting
Because the fire code assigns duties by occupancy classification, and the old definition invited the reading that “condominium” was itself one. It is not, and now the regulation says so.
Two consequences follow from the replacement text.
The building is classified by what it is, not by how it is owned. An apartment building held as a condominium carries the same occupancy classification and the same code obligations as one held by a single owner. Individual ownership of the units changes nothing about which requirements attach.
The regulation now names the association as the owner of the structure. That is the sentence that matters operationally. Where the fire code imposes a duty on the owner of a building, the regulation's own framing points at the association.
How it was adopted
Proposed at 28 DE Reg. 782 (May 1, 2025); public hearing May 21, 2025; written comments through June 6, 2025 — the single written comment, from the City of Newark, arrived June 9 and was considered anyway. Adopted by unanimous vote and ordered July 16, 2025. Final order published at 29 DE Reg. 509 (December 1, 2025), stating: “THESE AMENDMENTS SHALL BECOME EFFECTIVE January 1, 2026.”
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Related Delaware HOA Topics
- Delaware State Fire Prevention Commission, Final Order, 29 DE Reg. 509 (Dec. 1, 2025) — 1 DE Admin. Code 701; new “Condominium” definition; NFPA 501, 501A and 13D edition updates; effective January 1, 2026 ↩
- 25 Del. C. ch. 81, subch. III — § 81-307 (association responsibility for maintaining, repairing and replacing common elements) ↩
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