2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter I. Shelter Operation › § 3009F. Facilities; primary enclosures; sanitation and disease control.

§ 3009F. Facilities; primary enclosures; sanitation and disease control.
(a) Facilities. —
(1) Surfaces used in all animal areas must be constructed and maintained so that they are substantially impervious to moisture and may be easily sanitized.
(2) Indoor housing facilities for animals must be sufficiently heated and cooled when necessary to protect the animals from temperature and humidity extremes, and to provide for their health and well-being. The ambient temperature in all areas where animals are present may not fall below 60° (15.6° C) or above 80° F (26.7° C) when animals are present.
(3) Indoor housing facilities must have ample lighting by natural or artificial means. Lighting in indoor housing facilities must be sufficient to allow observation of the physical condition of the animals, and to permit routine inspection and cleaning of the facility. Animals housed in these facilities must be provided a regular diurnal lighting cycle of either natural or artificial light. Primary enclosures must be placed to protect animals from excessive light or darkness.
(4) A suitable method must be provided for adequate drainage and to eliminate standing or excess water from indoor housing facilities.
(5) Provisions must be made for the daily removal and disposal of animal and food waste, bedding, and debris from the housing facility.
(6) Indoor housing facilities must be sufficiently ventilated to provide for the health and well-being of animals, and to minimize odors, drafts, ammonia levels, and moisture condensation. Ventilation may be provided by windows, vents, fans, or air conditioning.
(7) Premises where housing facilities are located, including building and grounds, must be kept clean, free of trash, and in good repair.
(b) Primary Enclosures. —
(1) Housing must be provided for all animals in the shelter's custody, appropriate to the species, size, and number of animals, to ensure their comfort, health, and well-being.
(2) Primary animal enclosures must be structurally sound and maintained in a safe working condition to properly confine animals, prevent injury, keep other animals out and enable animals to remain dry and clean. Enclosures must have no sharp edges, gaps or other defects that could cause injury or entrapment.
(3) A primary enclosure must provide sufficient space to allow each animal to:
a. Turn about freely and easily stand, sit, stretch, and move their head without touching the top of the enclosure.
b. Lie in a resting position with limbs extended.
c. Move about and assume a comfortable posture for feeding, drinking, urinating, or defecating.
d. Sit, sleep, and eat away from areas where they defecate and urinate.
(4) The interior height of a primary enclosure must be at least 6 inches higher than the head of the animal in the enclosure when it is in a normal standing position.
(5) Dogs and cats may not be sheltered in a primary enclosure having only wire mesh bottoms or slatted floors in caging.
(6) Crates or travel kennels may be used as animal housing on a temporary or emergency basis only, and not as permanent primary enclosures.
(7) Cages may not be stacked upon each other in a manner that allows excrement to fall into cages below.
(8) Animals may not be tethered.
(9) At night, all dogs and cats must have access to clean, dry, bedding or a bed off the floor unless unsafe to do so.
(10) Identification cards must be visible outside enclosures and include name, ID, species, and color/description.
(11) Additional requirements for cats:
a. In all primary enclosures, a receptacle containing sufficient clean litter must be provided to contain excreta and body wastes;
b. Cats must be provided places to hide; and
c. Cats that are housed long term must have access to environments where they can scratch, climb and perch.
(c) Sanitation and disease control. —
(1) The shelter building, primary enclosures, and all other areas where animals are kept must be sanitary and regularly cleaned to reduce disease transmission among animals, protect public and human health, and increase animal comfort.
(2) Excreta must be removed as often as necessary to prevent contamination of animals and to control disease and odors.
(3) All primary enclosures, food bowls, and water bowls must be spot cleaned daily and fully cleaned and sanitized as necessary.
(4) All floors, junctions, walls, doors, and drains must be fully cleaned and sanitized after coming into contact with feces, urine, vomit, or an animal known or suspected of having an infectious disease.
(5) Only cleaners that are safe for animals may be used to clean primary enclosures, transport carriers, exercise areas, or any area of the shelter where animals are present or likely to be present.
(6) Animals must be removed from an enclosure when water or cleaning and disinfecting products are sprayed in or near that enclosure to ensure the animal will not be harmed, wetted, or distressed by the process.
(7) The shelter building and animal areas must be kept reasonably free of flies, fleas, mosquitoes, rats, mice, and other vectors or nuisance species. If necessary, an effective pest control program must be established and maintained.
84 Del. Laws, c. 171, § 1;