Delaware: no state license covers chimney work. Here's what that means.
Researched Jul 2026·Laws as cited·Verified Sep 2026
PUBLIC RECORDDE LAW
Verified with caveats
Our verification pass (Sep 2026) checked the load-bearing claims against primary sources and left these caveats:
(1) permits section must keep "verify locally" language (county cycles unverified), (2) § 8 pattern-only.
Delaware CONFIRMS the master finding. With no competence-based state license for chimney work — just a Division of Revenue business license that tests tax registration, not masonry — the state compensates on the sale side: § 2572's mandatory disclosure form asks about the flue by name and even wants its cleaning/service history, one of the more specific chimney questions on any state form.
The short answers
License required?
NO
NO state trade license — Division of Revenue contractor license (30 Del. C. § 2502, $75 +… #license
CO alarm required in your home?
LIMITED
NARROW — lodging establishments only (16 Del. C. Ch. 66C); owner-occupied homes excluded #co-law
Can an unregistered contractor sue you?
SEE SECTION
Not derivable from the summary row — read the section #remedies
Short answers are derived mechanically from our verified summary row and section text. Where the text doesn't support a one-word answer, the cell says SEE SECTION instead of guessing.
The story
What makes Delaware different?
Delaware CONFIRMS the master finding. With no competence-based state license for chimney work — just a Division of Revenue business license that tests tax registration, not masonry — the state compensates on the sale side: § 2572's mandatory disclosure form asks about the flue by name and even wants its cleaning/service history, one of the more specific chimney questions on any state form. That is the classic weak-license / strong-disclosure inversion. The oddball twist is the CO statute, which quietly exempts owner-occupied homes, so the very buyers the disclosure protects get no state CO mandate once they move in.
Licensing
Does Delaware license chimney work?
State licensing and registration
No state trade license covers chimney work in Delaware — the gating credential is a tax/business license, not a skills exam. STATE LAW: general and specialty contractors (masonry, roofing, etc.) do not sit for a state contractor exam. What Delaware requires is a Division of Revenue contractor business license — 30 Del. C. § 2502(a) ("Any person desiring to engage in business in this State as a contractor shall obtain a license upon making application to the Division of Revenue and paying a fee of $75"), renewed annually, plus a gross-receipts license fee of 0.6472% above a monthly deduction (§ 2502(c)); issuance requires proof of workers' compensation coverage and a Department of Labor certificate (§ 2502(b)). Non-resident contractors must post a surety bond (or approved letter of credit) of 6% of the contract price on contracts of $20,000 or more (aggregating within a calendar year), payable to the State — 30 Del. C. § 375 (Ch. 3, Subch. V — not Ch. 25). Separately, the Delaware Contractor Registration Act, 19 Del. C. Ch. 36, requires contractors performing construction services to register with the Department of Labor's Office of Contractor Registration (§ 3604) — a worker-misclassification measure, not a competence test; registration information is not public under FOIA (§ 3605(e)). The Division of Professional Regulation licenses only electricians, plumbers, and HVACR by exam — masonry/chimney is not among them (DPR scope not re-read Sep 2026). Consumer-side duties for residential repair contractors come from the DOJ Consumer Protection Unit's Home Improvement Services Regulation (Regulation 106, 27 DE Reg 254, effective Nov 1, 2023), adopted under the Consumer Fraud Act (6 Del. C. § 2513): complete written contracts listing material terms, a completion date or written explanation, no calling a binding contract an "estimate," no completion sign-off before work is finished, and notice of any § 4404 cancellation right. Its definition of "home improvement" — shared with the criminal home improvement fraud statute, 11 Del. C. § 916 — expressly lists "chimneys, fireplaces, stoves." Public lookup: Division of Revenue business-license search (revenue.delaware.gov/business-license-search/). So "licensed and bonded" in Delaware usually means has a Revenue business license, which attests tax registration — not flue competence.
What the credential does not test
Wide. A Delaware chimney contractor can be fully "licensed" (Division of Revenue) without ever demonstrating masonry or flue skill — the business license tests nothing about the work. Chimney sweeping and chimney repair sit on the same side of the line here: neither is a state-examined trade. Individual certs (NCSG CCP/CCR; CSIA CCS, C-DET) and an independent inspection are the only real competence signal. NATIONAL STANDARD NFPA 211 fills the vacuum the state leaves open.
At home sale
What does a Delaware seller have to tell you about the chimney?
Seller disclosure when a home sells
STATE LAW: Delaware has a mandatory seller disclosure under the Buyer Property Protection Act, 6 Del. C. § 2572 (disclosure of material defects) with the property condition report at § 2573 and form contents at 6 Del. C. § 2578 (Buyer Property Protection Act, 6 Del. C. §§ 2570–2578). The statute itself does not mention chimneys; the Delaware Real Estate Commission's Seller's Disclosure of Real Property Condition Report (form revision Aug 1, 2025) does, in Section XIV "Fireplace or Heating Stove," Qs 144–150: number of fireplaces/stoves, fuel type, whether part of the original design, whether "installed by a professional contractor or manufacturer's representative," "Are there any problems?", and Q150 "When were the flues/chimneys last cleaned, serviced, or repaired?" (dprfiles.delaware.gov/realestate/FINAL_DREC Sellers Disclosure for Real Property Condition Report 9_17_2024.pdf). (Timing of delivery relative to the offer not re-read in Sep 2026.) This is one of the few forms nationally that asks a service-history question about the flue. No inspection is mandated at transfer; NFPA 211 Level 2 stays a NATIONAL STANDARD.
Your remedies
What can you do if a chimney job in Delaware goes wrong?
Consumer remedies and cancellation rights
STATE LAW: the Consumer Fraud Act, 6 Del. C. § 2513 (unlawful practices), enforced by the DOJ Consumer Protection Unit, reaches deceptive home-repair practices. Door-knock work is separately governed by the Home Solicitation Sales Act, 6 Del. C. Ch. 44 (§ 4404), giving buyers a 3-business-day right to cancel any door-to-door sale of $25+ ("YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY"), with refunds due within 10 business days — the exact mechanic of chimney scare-sales. The DOJ Home Improvement Services Regulation requires contracts to disclose that § 4404 right where it applies, and 11 Del. C. § 916 treats noncompliance with Ch. 44 on a home improvement contract as prima facie evidence of intent for home improvement fraud. (A 2024 bill — HB 427, 152nd GA — would have added a separate home-improvement cancel/deposit-cap subchapter to 6 Del. C. Ch. 36; it was substituted and no such subchapter appears in the current code — not law.) Complaints: Delaware DOJ Consumer Protection.
Scam patterns and enforcement
The Delaware DOJ Consumer Protection Unit pursues home-repair and door-to-door abuses, and the door-knock "we noticed your chimney" pitch is a textbook Home Solicitation + § 2513 violation. Specific DE chimney-sweep enforcement actions: NOT YET CONFIRMED — re-run search before publish.
Permits & codes
Which chimney jobs need a permit in Delaware?
Permits and building codes
STATE LAW/LOCAL: Delaware has no single statewide residential building code enforced uniformly; adoption and enforcement run through the three counties (New Castle, Kent, Sussex) and municipalities (Wilmington, Dover, Newark), most on an IRC base — verify current IRC cycle per jurisdiction before publish. Chimney relines, rebuilds, crowns, and solid-fuel appliance installs are generally permit work where a building department exists; routine sweeps and like-for-like caps generally are not. Sussex County's rapid-growth beach corridor and New Castle's older stock diverge in practice.
Solid fuel and environmental rules
No statewide burn-ban or stove-emission regime. Not a material content section for DE.
Carbon monoxide
Is a carbon monoxide alarm required in Delaware?
Carbon monoxide and smoke alarm law
STATE LAW: 16 Del. C. Ch. 66C (§§ 6601C–6605C) requires CO detectors, but only in "lodging establishments" — hotels, motels, apartments, multi-family, dorms, B&Bs, condos — that have a fossil-fuel appliance, a fireplace, or an attached garage. A private residence occupied by the owner is expressly excluded from "lodging establishment," so owner-occupied single-family homes are NOT covered by Delaware's CO statute. Absence-as-finding: unlike NY/IL, Delaware has no statewide CO requirement for owner-occupied dwellings and no pre-sale CO certificate. Civil fine $100–$500 per offense for covered owners (§ 6605C). A permitted chimney job is still the natural moment to add alarms even where the law doesn't compel them.
Season calendar
When should you book a chimney sweep in Delaware?
Rush Best booking
Mild mid-Atlantic coastal climate; burn season ~Nov–Mar (shorter than the cold belt). Rush: SEP–NOV. Best booking: APR–JUN.
Across the border
Delaware vs Maryland: License required
Delaware
NO
NO state trade license — Division of Revenue contractor license (30 Del. C. § 2502, $75 +…
Maryland
YES
MHIC state license (PSI exam, financial solvency or $30k/$100k bond, $500k GL insurance)… Read Maryland
Before anyone goes on your roof
What should you ask a chimney company in Delaware?
- Is your company a member of the National Chimney Sweep Guild (NCSG)?
- Does the technician coming to my home hold an individual NCSG certification, and which one?
- Does the technician hold a National Fireplace Institute (NFI) certification — and for which fuel: wood, gas, or pellet?
- What other certifications does the technician hold (for example, CSIA), and can I check them on the issuer's own roster?
- What state or local license or registration covers this work here, and what is the number?
- Will you send a certificate of insurance, dated and naming your company, before work starts?
- Which NFPA 211 inspection level — Level 1, 2, or 3 — are you performing, and why that level?
- Will you show me what you found — photos or video of the flue — in writing?
We take no fee from any certification body, guild, or contractor, and are not paid to mention anyone named.
Frequently asked questions about Delaware chimney law
What should I check before hiring a chimney company in Delaware?
State licensing: NO state trade license — Division of Revenue contractor license (30 Del. C. § 2502, $75 + gross receipts); non-resident bond 6% on contracts ≥$20k (30 Del. C. § 375); DPR licenses only electrical/plumbing/HVACR. Registration or credential: DOL Contractor Registration (19 Del. C. Ch. 36, non-public) + DOJ Home Improvement Services Regulation (eff. Nov 1, 2023). Seller disclosure at sale: YES — mandatory, 6 Del. C. § 2572 / form § 2578; DREC form (rev. Aug 1, 2025) Sec. XIV names flues/chimneys + last-cleaned/serviced date. Right to cancel a sale made at your home: YES (6 Del. C. § 4404, door-to-door $25+, 3 business days). Carbon monoxide alarm law: NARROW — lodging establishments only (16 Del. C. Ch. 66C); owner-occupied homes excluded. Where to check a contractor: revenue.delaware.gov/business-license-search/. Then ask the eight questions below, get the inspection findings in writing with photos, and never sign for "emergency" work on the day of a door-knock.
Answer drawn from: verified summary row (§11). #faq-what-to-do
Is a chimney inspection required when a home sells in Delaware?
STATE LAW: Delaware has a mandatory seller disclosure under the Buyer Property Protection Act, 6 Del. C. § 2572 (disclosure of material defects) with the property condition report at § 2573 and form contents at 6 Del. C.
Answer drawn from: §3 text. #faq-home-sale
Can I cancel a chimney contract I signed at my door in Delaware?
STATE LAW: the Consumer Fraud Act, 6 Del. C. § 2513 (unlawful practices), enforced by the DOJ Consumer Protection Unit, reaches deceptive home-repair practices. Door-knock work is separately governed by the Home Solicitation Sales Act, 6 Del.
Answer drawn from: §4 text. #faq-cancel
How we checked this page
Verification pass — September 2026 · checked 2026-09-15. Items marked STILL OPEN are exactly that.
Show the verification log
Checked 2026-09-15 by verification agent. Laws cited as of Sep 2026.
- Division of Revenue contractor license: RESOLVED — 30 Del. C. § 2502(a) ($75 license from Division of Revenue), (b) workers' comp + DOL certificate, (c) 0.6472% gross-receipts fee — https://delcode.delaware.gov/title30/c025/index.html — GOV
- Non-resident bond cite: CORRECTED — the bond is NOT in 30 Del. C. Ch. 25; it is 30 Del. C. § 375: 6% of contract price on contracts of $20,000 or more (calendar-year aggregation), payable to the State; letters of credit allowed — https://delcode.delaware.gov/title30/c003/sc05/index.html ; Division of Revenue guidance https://revenuefiles.delaware.gov/docs/contractors.pdf — GOV/DOC
- Previously cited "Home Improvement Contractor provisions" section span in 6 Del. C. Ch. 35: CORRECTED — no such provisions exist; 6 Del. C. Ch. 35 is "Building Construction Payments" and Ch. 36 (Home Construction and Improvement Protection) has only Subchs. I–III (new home buyers / economic-loss / fire protection). Replaced with DOJ Home Improvement Services Regulation (27 DE Reg 254, eff. Nov 1, 2023, under 6 Del. C. § 2513) and 11 Del. C. § 916 — https://delcode.delaware.gov/title6/index.html ; https://delcode.delaware.gov/title6/c036/index.html ; https://archive.regulations.delaware.gov/register/october2023/final/27%20DE%20Reg%20254%2010-01-23.pdf ; https://law.justia.com/codes/delaware/title-11/chapter-5/subchapter-iii/section-916/ — GOV/DOC (§ 916 via Justia mirror)
- Previous lookup URL (a "contractor registry" subdomain): CORRECTED — 19 Del. C. § 3605(e) makes contractor registration info non-public; lookup replaced with Division of Revenue business-license search — https://delcode.delaware.gov/title19/c036/index.html ; https://revenue.delaware.gov/business-license-search/ — GOV
- Disclosure (6 Del. C. § 2572 / § 2578) + chimney item: CORRECTED form date — statute confirmed (§§ 2570–2578; no chimney in statute text); current DREC form is revision Aug 1, 2025 (file previously gave an older 2023 date), Sec. XIV Qs 144–150 incl. Q150 "When were the flues/chimneys last cleaned, serviced, or repaired?" — https://delcode.delaware.gov/title6/c025/sc07/index.html ; https://dprfiles.delaware.gov/realestate/FINAL_DREC%20Sellers%20Disclosure%20for%20Real%20Property%20Condition%20Report%209_17_2024.pdf — GOV/DOC
- 3-day cancel location: RESOLVED — 6 Del. C. Ch. 44 Home Solicitation Sales, § 4404; $25+ purchase; 3 business days; refund in 10 business days — https://delcode.delaware.gov/title6/c044/index.html — GOV
- CO law (16 Del. C. Ch. 66C): RESOLVED — lodging establishments only; owner-occupied private residence with no unit for pay excluded; triggers fossil-fuel heater/fireplace or attached garage; $100–$500 civil fine — https://delcode.delaware.gov/title16/c066c/index.html — GOV
- County IRC cycles: STILL OPEN — not reached.
- Enforcement actions: STILL OPEN — not searched.
- Template-leakage sweep: clean (NY/IL comparisons labeled).