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Delaware Code Title 16. Health and Safety § 6601C. Definitions

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For purposes of this chapter:

(1) “Carbon monoxide detection devices” means a battery-operated or AC powered device that detects the presence of the carbon monoxide gas in order to prevent carbon monoxide poisoning. “Carbon monoxide detection devices” includes combination smoke and carbon monoxide detectors.

(2) “Dwelling unit” means a single unit providing complete, independent living facilities for 1 or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

(3)a. “Lodging establishment” means any building, group of buildings, structure, facility, place, or places of business where 1 or more dwelling units or sleeping units are provided and which is kept, used, maintained, advertised, or held out to the public to provide lodging accommodations for pay which can be construed to be a hotel, motel, motor hotel, apartment or multi-family dwelling, bed and breakfast facility, bunkhouse, cabin, condominiums, dormitory, extended-stay establishment, multi-family dwelling, resort, or other similar place by any other name, be it rented, leased, or owned for either transient guests, permanent guests, or for both transient and permanent guests.

b. “Lodging establishment” does not include any of the following:

1. Dormitories and other living or sleeping facilities owned or maintained by public or private schools, colleges, universities, or churches unless made available to the general public and not used exclusively for students and faculty.

2. A private residence that is occupied by the owner and where no dwelling or sleeping unit is available for pay.

(4)a. “Owner” means an individual; corporation; business trust; estate trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity that meets any of the following requirements:

1. Has a legal interest in a lodging establishment.

2. Has an equitable interest in a lodging establishment that includes participation in management of the lodging establishment.

3. Operates or manages a lodging establishment.

4. Operates or manages a lodging establishment under a contract, lease, or other form of authorization agreement.

5. Undertakes actual control or authority over the operation or management of a lodging establishment.

b. “Owner” does not mean an equitable interest in an artificial entity under paragraph (4)a. of this section.

(5) “Sleeping unit” means a room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both.

(6) “Transient” means occupancy of a dwelling unit or sleeping unit for not more than 30 days.

Cite this article: - Delaware Code Title 16. Health and Safety § 6601C. Definitions - last updated January 01, 2022 |

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