16 Del. C. § 6602D: Buildings subject to testing.

All buildings shall establish a heating, ventilating, and air conditioning (HVAC) fire life safety damper, and smoke control system inspection verification program for the purpose of ensuring that fire life safety dampers and smoke control systems are in working order to prevent the spread of fire and smoke within walls, floors, and ceilings except:

(1) Any structure or portion thereof which is occupied as, or designed or intended for occupancy as a residence for 2 or less families, including multifamily, single family, and townhouse dwellings, is excluded from the testing requirements in § 6603D of this title.

(2) All other residential buildings, including hotels, are subject to the required testing only for mechanical rooms and common use areas, including stairs, hallways, and lobbies.