HomeMy WebLinkAboutHousing Code Text Amendment Title 7 RepealReplace2026
ORDINANCE NO___________
AN ORDINANCE REPEALING IN WHOLE CHAPTERS 7-1, 7-2,
7-3, 7-4, 7-5, 7-6, 7-7, 7-8, 7-9 AND 7-10 AND REPLACING WITH
NEW CHAPTERS 7-1, 7-2, 7-3, 7-4, 7-5, 7-6, 7-7, 7-8, 7-9, AND 7-
10 AND CREATING CHAPTERS 7-11 7-12, 7-13, 7-14 AND 7-15
OF TITLE 7 OF THE ROCHESTER CODE OF ORDINANCES
RELATING TO HOUSING CODE.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER ORDAINS:
Section 1. Chapter 7-1 of Title 7 of the Rochester Code of Ordinances is hereby
repealed and replaced to read as follows:
CHAPTER 7-1. GENERAL
Sec. 7-1. Preface.
The council has investigated and finds the following:
(1) There exists in the city structures used for human habitation which are now or may become in the
future substandard with respect to structure, equipment, or maintenance. Such conditions, together
with inadequate provisions for light and air, insufficient protection against fire hazards, lack of proper
heating, unsanitary conditions, and overcrowding, constitute a danger to the public health, safety and
welfare of its citizens.
(2) The existence of such conditions, factors or characteristics adversely affects public health and safety
and leads to the extension and aggravation of urban blight.
(3) It is in the best interest of the public health, safety, and welfare of the people of the city to establish
and enforce minimum housing standards.
Sec. 7-1-1. Guiding documents.
This Housing Code was developed using guidance from both the International Property Maintenance Code
and the original City of Rochester Housing Code.
The International Property Maintenance Code (IPMC®) establishes minimum requirements for the
maintenance of existing buildings through model code regulations that contain clear and specific property
maintenance and property improvement provisions.
The International Codes (I-Codes) developed by the International Code Council, are a family of fifteen (15)
coordinated, modern building safety codes, including this International Property Maintenance Code, which
help ensure the engineering of safe, sustainable, affordable and resilient structures.
The I-Codes are the most widely accepted, comprehensive set of model codes used in the United States.
All fifty states, the District of Columbia, and many other countries have adopted the I-Codes at the state or
jurisdictional level.
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Sec. 7-1-2. Responsibilities of the department of community development.
Housing and Neighborhood Services (HNS) is hereby given and assigned the responsibility for supervising
the administration and enforcement of the provisions of this title, referred to as the “Housing Code of the City
of Rochester, Minnesota”. Administration and enforcement of the provisions of the housing code shall be
through and by the director of community development and personnel of the HNS. HNS is given the
additional responsibility of further developing a comprehensive and coordinated program for the
improvement of present housing conditions in the city.
Sec. 7-1-3. Applicability and scope.
Every portion of a building or premises used or intended to be used for dwelling purposes, except hotels,
motels, care facilities licensed by the state of Minnesota shall comply with the provisions of the housing code
irrespective of when such building has been constructed, altered or repaired. Except as hereinafter provided,
any construction, alteration, or repair thereof or changes of use therein, which are required by the provisions
of the housing code, shall be done in accordance with applicable provisions of the State Building Code. If
any provision of the housing code is inconsistent with a comparable and applicable provision of the State
Building Code, the provision of the State Building Code shall govern to the extent of such inconsistency. As
used in this section, the term "inconsistent" refers to any provisions which are conflicting or contradictory
and shall also refer to provisions provided by the State Building Code which are not found in the housing
code.
Sec. 7-1-4. Purpose.
The purpose of this code is to establish minimum requirements to provide a reasonable level of health,
safety, property protection and general welfare insofar as they are affected by the continued occupancy and
maintenance of structures and premises. Existing structures and premises that do not comply with these
provisions shall be altered or repaired to provide a reasonable minimum level of health, safety and general
welfare as required herein.
Sec. 7-1-5. Pre-existing dwellings.
Pursuant to State Statute 326B.121, buildings built under and in full compliance with the code in force at the
time of construction and properly maintained and used for only such use as originally permitted shall be
permitted to continue without change.
Sec. 7-1-6. Conflicts; higher standard to prevail.
Notwithstanding Section 7-1-6, where a provision of the housing code is found to be in conflict with a
provision of any zoning, building, fire, safety, or health ordinance or city code, the provision that establishes
the higher standard for the promotion and protection of the health and safety of the people shall prevail.
Sec. 7-1-7. Nuisance authority to continue.
Nothing in the housing code shall be construed or interpreted in any way to impair or limit the authority of
the city to define and declare nuisances or of the Director of Community Development, the Chief of Police,
or other governmental officials having jurisdiction within the city to cause the removal or abatement of
nuisances as authorized by law.
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Section 2. Chapter 7-2 of Title 7 of the Rochester Code of Ordinances is hereby
repealed and replaced to read as follows:
CHAPTER 7-2. DEFINITIONS
Sec. 7-2-1. Scope.
Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the
meanings shown in this chapter.
Sec. 7-2-2. Interchangeability.
Words stated in the present tense include the future; words stated in the masculine gender include the
feminine and neuter; the singular number includes the plural and the plural, the singular.
Sec. 7-2-3. Terms defined in other codes.
Where terms are not defined in this code and are defined in the State Building Code, International Building
Code, International Existing Building Code, State Fire Code, International Fire Code, International Fuel Gas
Code, International Mechanical Code, State Plumbing Code, International Plumbing Code, International
Residential Code, International Zoning Code, State Electrical Code, or NFPA 70, such terms shall have the
meanings ascribed to them as stated in those codes.
Sec. 7-2-4. Terms not defined.
Where terms are not defined through the methods authorized by this section, the Merriam-Webster
Collegiate Dictionary, available at www.merriamwebster.com, shall be considered as providing ordinarily
accepted meanings. The dictionary is incorporated by reference, is subject to frequent change, and is
available through the Minitex interlibrary loan system.
Sec. 7-2-5. Parts.
Whenever the words “dwelling unit,” “dwelling,” “premises,” “building,” “rooming house,” “rooming unit,”
“housekeeping unit” or “story” are stated in this code, they shall be construed as though they were followed
by the words “or any part thereof.”
APPEAL means a request to the Board of Appeals for a review and decision on a determination made by
a code official.
ANCHORED means secured in a manner that provides positive connection.
APARTMENT means one or more rooms located within a dwelling with facilities, which are used or intended
to be used by a single household for living, sleeping, cooking, and eating.
APPROVED means acceptable to the official code.
BASEMENT means that portion of a building that is partly or completely below grade.
BATHROOM means a room containing plumbing fixtures including a bathtub or shower.
BEDROOM means any room or space used or intended to be used for sleeping purposes in either a
dwelling or sleeping unit.
BOARD means the Board of Appeals.
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BUILDING/HOUSING INSPECTOR means the Director of Community Development or any of their
authorized representatives and assistants.
CHANGE OF USE means the approved or existing purpose of a property being altered and how it is being
occupied. This could require additional zoning and/or building code approval.
CODE OFFICIAL means the official who is charged with the administration and enforcement of this code,
or any duly authorized representative.
CONDEMN means to adjudge unfit for occupancy.
COST OF SUCH DEMOLITION OR EMERGENCY REPAIRS means the costs shall include the actual
costs of the demolition or repair of the structure and less revenue obtained if salvage was conducted prior
to demolition or repair. Costs shall include, but not be limited to, expenses incurred or necessitated related
to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of
inspectors, testing agencies or experts retained relative to the demolition or emergency repairs; costs of
testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title
searches; mailing(s); postings; recording; and attorney fees expended for recovering of the cost of
emergency repairs or to obtain or enforce an order of demolition made by a code official, the governing
body or board of appeals.
DEPARTMENT OF COMMUNITY DEVELOPMENT means the Department of Community Development at
the city.
DETACHED means a structural element is physically disconnected from another and that connection is
necessary to provide a positive connection.
DETERIORATION means to weaken, disintegrate, corrode, rust or decay and lose effectiveness.
DWELLING UNIT means a single unit providing complete, independent living facilities for one or more
persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
DWELLING UNIT, EFFICIENCY means a dwelling unit where all permanent provisions for living, sleeping,
eating, and cooking are contained in a single room.
EASEMENT means that portion of land or property reserved for present or future use by a person or agency
other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on
or above said lot or lots.
EFFICIENCY APARTMENT means an apartment consisting of not more than one habitable room with a
kitchenette and sanitary facilities.
EMERGENCY ESCAPE AND RESCUE OPEING: An operable exterior window door or other similar device
that provides for a means of escape and access for rescue in the event of an emergency.
EQUIPMENT SUPPORT means those structural members or assemblies of members or manufactured
elements, including braces, frames, lugs, snugger, hangers or saddles, that transmit gravity load, lateral
load and operating load between the equipment and the structure.
EXTERMINATION means the control and elimination of insects, rodents, or other pests by eliminating their
harborage places, by removing or making inaccessible materials that may serve as their food, by spraying,
fumigating, trapping or by any other recognized and legal pest elimination methods approved by the
extermination professional.
EXTERIOR PREMISES means that part of a residential lot or property that is not covered by an enclosed
building or structure, regardless of whether the view from outside the property is shielded by a fence,
vegetation or other structure. The term “Exterior Premises” includes, but is not limited to the yard, open
porches, and areas under structures that are not entirely enclosed, such as a carport.
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EXTERIOR PROPERTY means the open space on the premises and on adjoining property under the
control of owners or operators of such premises.
GARBAGE means animal or vegetable waste resulting from the handling, preparation, cooking, and
consumption of food.
GUARD means a building component, or a system of building components located at or near the open
sides of elevated walking surfaces, which minimize the possibility of a fall from the walking surface to a
lower level.
GRADE means the average of the finished ground level at the center of all walls of a building. In case walls
are parallel to and within five feet of a sidewalk, the above ground level shall be measured at the sidewalk.
HABITABLE SPACE means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet
rooms, closets, halls, storage or utility spaces, unfinished attics, and similar areas are not considered
habitable spaces.
HISTORIC BUILDING means any building or structure that is one or more of the following:
1. Listed or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the
National Register of Historic Places, in the National Register of Historic Places.
2. Designated as historic under an applicable state or local law.
3. Certified as a contributing resource within a National Register or state or locally designated historic
district.
HOUSEHOLD is defined as: a group of individuals persons living together as a relatively stable and
permanent with a bona fide single housekeeping unit that is unlikely to have any significant negative impact
on the residential character of the neighborhood including such characteristics as a family-like structure of
authority, an integrated economic unit, or evidence of a domestic bond between members.
HOUSEKEEPING UNIT means a room or group of rooms forming a single habitable space equipped and
intended to be used for living, sleeping, cooking, and eating that does not contain, within such a unit, a
toilet, lavatory and bathtub or shower.
HOUSING CODE means the housing code of the city contained in this title, also referred to as code
throughout.
IMMINENT DANGER means a condition that could cause serious or life-threatening injury or death at any
time.
INFESTATION means the presence, within or contiguous to, a structure or premises of insects, rodents,
vermin, or other pests.
INOPERABLE MOTOR VEHICLE means a vehicle that cannot be driven upon the public streets for reasons
including but not limited to being unregistered, wrecked, abandoned, in a state of disrepair, or incapable of
being moved under its own power.
IPMC means International Property Maintenance Code.
KITCHEN means a room or area intended to store and prepare food and includes the fixtures and
appliances required to facilitate the sanitation of food, food preparation areas, and cooking appliances and
utensils. The room or area must include an approved sink, refrigerator, and cook range, and/or microwave
oven.
KITCHENETTE (ALL OF ABOVE EXCEPT STOVE) means a room or area intended to store and prepare
food and include the fixtures and appliances required to facilitate the sanitation of food, food preparation
areas, and utensils. The room or area must include an approved sink and refrigerator.
LABELED means equipment, materials or products to which have been affixed a label, seal, symbol or
other identifying mark of a nationally recognized testing laboratory, approved agency or other organization
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concerned with product evaluation that maintains periodic inspection of the production of the above-labeled
items and whose labeling indicates either that the equipment, material or product meets identified standards
or has been tested and found suitable for a specified purpose.
LET FOR OCCUPANCY OR LET means to permit, provide, or offer possession or occupancy of a dwelling,
dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of
record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or
unrecorded agreement of contract for the sale of land.
LICENSEE OR APPLICANT means an owner of property who possesses or applies for a registration
certificate, an owner of property seeking to renew a registration certificate, and either of those persons'
agents, employees or representatives.
NEGLECT means the lack of proper maintenance for a building or structure.
NON-CONFORMING means a property, structure, or land use that does not comply with current building
and/or zoning regulations but was lawful when established. Known as "grandfathered" use, these properties
can generally continue to operate, though they often have restrictions on rebuilding, expanding, or
renovating if damaged or sold.
OCCUPANCY means the purpose for which a building or portion thereof is utilized or occupied.
OCCUPANT means any individual living or sleeping in a building or having possession of a space within a
building.
OPENABLE AREA means that part of a window, skylight or door which is available for unobstructed
ventilation, and which opens directly to the outdoors.
OPERATOR means any person who has charge, care or control of a structure or premises that is let or
offered for occupancy.
OWNER means any person, agent, operator, firm or corporation having legal or equitable interest in the
property; or recorded in the official records of the state, county or municipality as holding title to the property;
or otherwise having control of the property, including the guardian of the estate of any such person, and
the executor or administrator of the estate of such person if ordered to take possession of real property by
a court.
PEER REVIEW: An independent and objective technical review conducted by an approved third party.
PERSON means an individual, corporation, partnership or any other group acting as a unit.
PEST ELIMINATION means the control and elimination of insects, rodents or other pests by eliminating
their harborage places; by removing or making inaccessible materials that serve as their food or water; by
other approved pest elimination methods. A professional exterminator may be required dependent on the
infestation.
PLUMBING means all of the following supplied facilities and equipment: gas pipes, gas-burning equipment,
water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other
similar supplied fixtures, together with all connections to water, sewer or gas lines.
PREMISES means a lot, plot or parcel of land, easement, or public way, including any structures thereon.
PUBLIC WAY means any street, alley, or other parcel of land that: is open to the outside air; leads to a
street; has been deeded, dedicated or otherwise permanently appropriated to the public for public use; and
has a clear width and height of not less than ten feet (3,048 mm).
REFUSE means all types of garbage, rubbish, and residential solid waste.
ROOMING HOUSE means a building designed as a detached one-household dwelling, containing
habitable units providing sleeping and/or living accommodations but not eating or cooking
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accommodations, for three or more individuals who are not members of the owner's or operator's related
household. Meals may or may not be provided as part of the services included as compensation.
ROOMING UNIT OR SINGLE OCCUPANCY UNIT (SRO) means permitted if it satisfies all the following:
1. The SRO unit must have a habitable room of not less than 120 square feet of superficial floor area.
An additional 50 square feet of superficial floor area must be provided for each occupant, more than
two.
2. The SRO unit shall not contain a kitchen or kitchenette. A refrigerator and/or microwave oven may
be used within the unit. Heat producing food preparation appliances, including, but not limited to,
stoves, hot plates, electric fry pans, crockpots, and toaster ovens, shall not be used or stored within
the unit.
3. The SRO unit must be provided with a separate bathroom meeting the requirements of the code or
shared facilities in accordance with the fixture requirements of the building code in effect at the time
of issuance of the initial registration certificate.
RUBBISH means combustible and noncombustible waste materials, except garbage; the term shall include
the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons,
boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, mineral matter, glass,
crockery and dust and other similar materials.
SINGLE ROOM OCCUPANCY (SRO) UNIT means any room or group of rooms forming a single habitable
unit used or intended to be used for living, sleeping, and eating, with a lease period of at least 30 days.
SLEEPING UNIT means 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. Such rooms and spaces that are
part of a dwelling unit are not sleeping units.
STRICT LIABILITY OFFENSE means an offense in which prosecution in a legal proceeding is not required
to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act, which
was prohibited, or failed to do an act, which the defendant was legally required to do.
STRUCTURE means that which is built or constructed.
TENANT means a person, corporation, partnership, or group, whether or not the legal owner of record,
occupying a building or portion thereof as a unit.
SUPERFICIAL FLOOR AREA means the net floor area within the enclosed walls of a room in which the
ceiling height is not less than five feet, excluding area occupied by closets and built-in equipment such as
cabinets, kitchen units, fixtures and appliances.
TEMPORARY HOUSING on private property means any tent, trailer, or other structure used for human
shelter designed to be transportable and which is not permanently attached to the ground, to another
structure, or to any utilities system on the same premises for more than 30 days in a calendar year.
TOILET ROOM means a room containing a water closet or urinal but not a bathtub or shower.
ULTIMATE DEFORMATION means the deformation at which failure occurs and that shall be deemed to
occur if the sustainable load reduces to 80 percent or less of the maximum strength.
VENTILATION means the natural or mechanical process of supplying conditioned or unconditioned air to,
or removing such air from, any space.
WATER CLOSET means a room containing a flush toilet.
WORKMANLIKE STATE OF MAINTENANCE OR REPAIR means a state of maintenance or repair which
reasonably approximates the standard of construction, fabrication, strength, functional utility, durability,
surface appearance, and surface composition found in similar work products of professional craftsman
performing similar work in the community.
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WORKMANLIKE. Executed in a skilled manner, e.g., generally plumb, level, square, in line, undamaged
and without marring adjacent work.
YARD means an open space on the same lot with a structure.
Section 3. Chapter 7-3 of Title 7 of the Rochester Code of Ordinances is hereby
repealed and replaced to read as follows:
CHAPTER 7-3. RENTAL UNIT REGISTRATION
Sec. 7-3-1. Definitions.
The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
Appropriate action means the action which a reasonable rental property owner would take based upon the
facts and circumstances of each case so as to prevent a reoccurrence of the disorderly use.
Disorderly or disorderly use means conduct occurring on the licensed premises, which violates a provision
of section 7-3-19.
License means a registration certificate or the right to receive a registration certificate as required by this
chapter.
Licensed premises or premises means the property owned, operated, or managed by a rental property
owner and shall refer to an individual unit within a multi-unit complex when applicable.
Rental property owner means one who holds the license or who is otherwise obligated to obtain and
maintain the license as required by this chapter.
Sec. 7-3-2. Registration certificate required.
1. Except as permitted in subsection (3) of this section, no owner shall allow another person to occupy,
nor shall any person rent or offer to rent to another for occupancy, any dwelling, or any apartment or
rooming unit in any dwelling, without first obtaining a registration certificate as provided in this chapter.
This registration certificate is also referred to within this chapter as a rental license or license. Any
registration certificate obtained pursuant to this section shall be issued in the name of the owner. In the
case of a multiple unit dwelling, a registration certificate issued pursuant to this section includes and
applies to both the entire dwelling as well as each individual rental unit within the dwelling. Any
suspension or revocation of the registration certificate or the right to receive a registration certificate
may involve the entire dwelling or an individual unit within the dwelling.
2. All applicable fees must be paid before an inspection can be scheduled.
3. The property is confirmed as a homestead property through tax records, is documented under a trust,
or is a recorded contract for deed through property tax records.
4. During the rental license renewal process, the occupancy or rental of any dwelling, or any apartment
or rooming unit in any dwelling for which a registration certificate is required, need not be interrupted
or suspended for lack of a registration certificate if the same is due to the inability of the director to
process the application in a timely manner, or if the owner is in the process of complying with a notice
of deficiencies from the director within the period of time authorized by the director.
5. For purposes of this chapter, the term "director" means the director of the Community Development
Department or the director's designee.
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6. When the owner of the dwelling is not a resident or does not maintain a corporate office in the state,
the owner must appoint a resident agent residing in the state to accept service of process or any other
document in any action or proceeding related to the dwelling. In addition, when the owner of the dwelling
is not a resident of Houston, Winona, Fillmore, Olmsted, Goodhue, Dodge, Mower or Wabasha County,
the owner must appoint a property manager residing in one of the above counties to act as the owner's
agent in managing and supervising the dwelling. The resident agent and the property manager may be
the same person. The resident agent cannot be a tenant occupying the dwelling, unless they are
employed by the property management company. The resident agent and the property manager must
sign the application for the registration certificate. The owner may not change the identity or the location
of the resident agent or property manager without first obtaining an amended registration certificate
reflecting the changed information.
7. An owner seeking to rely on subsection (6) of this section in order to be exempted from the registration
certificate requirement must comply with all of the following conditions:
a. The owner must list the vacant dwelling for sale in the multiple listing service real estate market.
b. The owner must contract with a licensed real estate company registered to do business in the state
that performs property maintenance services for dwellings listed for sale.
c. The dwelling must be a single-household dwelling, or a single unit of condominium or townhouse.
d. An owner, other than a lending institution selling foreclosed properties, is permitted one exemption.
Sec. 7-3-3. Application for registration certificate.
An application for a registration certification shall be filed by the owner, or the owner's agent with the Director
of Community Development. An application for any dwelling to be converted to a use requiring a registration
certificate shall be made and filed with the director at least 30 days prior to such conversion.
Sec. 7-3-4. Application forms.
The Director of Community Development must supply application forms for registration certificates.
Sec. 7-3-5. Applications.
Each application for registration certificate shall contain the following information:
(1) Name, residence address, telephone number, date of birth, and signature of the owner of the dwelling.
In lieu of the owner's signature, the owner may provide a certification authorizing the property manager
to execute documents on the owner's behalf. If the owner is a partnership, the name of the partnership,
and the name, residence address, telephone number, and date of birth of the managing partner. If the
owner is a corporation, the name and address of the corporation, and the name, address, telephone
number, and date of birth of the chief operating officer. If the dwelling is being sold on a contract for deed,
the name and address of the contract vendee must appear. Where the term "owner" is used in any part
of the city housing code, it shall include all persons as outlined in this section.
(2) Name, residence address, telephone number, date of birth and signature of any agent appointed by the
owner to accept service of process and to receive or give receipt for notices.
(3) Name, residence address, telephone number, date of birth and signature of any property manager,
operator or agent actively involved in maintenance or management of said dwelling.
(4) Legal street address of the dwelling.
(5) Complete details of the number and kind of units offered for rent, classified as to the type of unit on the
application, and the facilities incorporated in such rental units.
(6) Any person making application for a rental registration certificate must provide proof of identification by
using a driver's license, state-issued identification card, military identification card, or such other
identification as is acceptable to the director. The identification provided must set forth the full name and
date of birth of the person making the application.
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(7) An acknowledgment that the applicant has reviewed and understands the provisions of this chapter,
intends to abide by the provisions and will include reference to this chapter in any written lease used in
renting the property.
Sec. 7-3-6. Registration certificate standards.
(1) No person may be issued a registration certificate unless they satisfy the standards provided in this
section. Failure to comply with any of these standards at any time shall be adequate grounds for the
denial, refusal to renew, suspension or revocation of a registration certificate, or the imposition of a fine
upon the licensee or applicant consistent with section 7-3-20. Except where specifically noted, it is not
necessary for a criminal conviction to exist in order to support a determination that a violation of a
standard has occurred. Any suspension or revocation sanction imposed pursuant to this section must
be limited to the licensee's or applicant's registration certificate, or the licensee's or applicant's right to
obtain a registration certificate, for the noncompliant property.
As used in this chapter, the term "licensee or applicant" as established in the definitions section of this
code.
(2) A registration certificate shall be issued if:
(a) The licensee's or applicant's application form contains facts that permit issuance of the certificate
in compliance with all applicable state laws and city ordinances.
(b) The licensee or applicant has paid the required license or reinspection fee.
(c) The licensee or applicant has not intentionally made inaccurate or incorrect representations of
material facts on the application form. The licensee or applicant has not intentionally made
inaccurate or incorrect oral or written representations to a city official regarding the rental dwelling
unit or the ownership of the rental dwelling unit.
(d) Rental dwelling units do not exceed the maximum number of dwelling units permitted by this
Code.
(e) No rental dwelling or rental dwelling unit is over occupied or illegally occupied in violation of this
Code.
(f) The licensee or applicant has not allowed weeds, vegetation, junk, debris or rubbish to
accumulate repeatedly on the exterior of the dwelling so as to create a nuisance condition under
chapter 8-3. The term "repeatedly" refers to those situations when the city was required to abate
such nuisance under chapter 8-3 more than two times during a 12-month period.
(g) The dwelling complies with all federal, state and city laws and ordinances.
(h) The licensee or applicant allows the city to perform rental inspections.
(i) The licensee or applicant maintains a current register of all tenants and other persons with a
lawful right of occupancy to a dwelling unit and the corresponding floor number, and unit number
and/or letter and/or designation of such unit within the building. The register is kept current at all
times. The licensee has designated the person who has possession of the register and shall
inform the Director of Community Development of the location at which the register is kept. The
register is always available for review by the director or their authorized representatives.
(j) The licensee or applicant has no delinquent property taxes or assessments on the rental dwelling
and is not delinquent on any financial obligations owing to the city unless reasonable payment
arrangement has been reached.
(k) The licensee or applicant has no direct personal or financial interest in a registration certificate
that is currently suspended pursuant to this chapter.
(l) The licensee or applicant has no legal or equitable interest in a person whose right to apply and
receive a registration certificate is currently suspended or revoked pursuant to this chapter.
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(m) The licensee or applicant has no legal or equitable interest in two or more registration certificates
revoked, suspended or any combination thereof, pursuant to this chapter, during the past five
years.
(n) The licensee or applicant has not had within the past two years four violations of section 7-3-2(1)
(allowing a dwelling to be occupied or rented without first obtaining a registration certificate).
(o) The licensee's or applicant's actions have not created a threat or danger to the public's health,
safety or welfare as it relates to the property.
(p) The licensee or applicant has not allowed the dwelling to be used in such a manner as to
constitute a breach of the peace, a menace to the public's health, safety or welfare, or an
unreasonable disturbance to the peace and comfort of the city's residents as it relates to the
property.
(q) The licensee or applicant has not intimidated or retaliated, or made any threat of eviction or
retaliation, against a tenant solely and exclusively because the tenant made or filed, or
threatened to make or file, a complaint with the community development, police or fire
departments regarding the rental dwelling unit and any matter within any of the department's
jurisdiction.
(r) The licensee or applicant has completed the landlord public safety seminar. A licensee or
applicant satisfies this requirement by proof that its management company has completed this
program.
Sec. 7-3-7. Compliance with zoning requirements.
A certificate approved by the zoning administrator indicating that the dwelling's proposed use is in
compliance with all city zoning requirements is included in every application for a registration certificate.
Sec. 7-3-8. Investigation.
The director shall investigate all applications for the registration certificate to verify that the dwellings,
apartments, or rooming units that are non-owner occupied comply with the provisions of this Code, including
any provision of the zoning, building, fire safety, or health ordinances applicable in Sections 7-1-3 and 7-1-
7.
Sec. 7-3-9. Issuance and posting of registration certificate.
The Director of Community Development must issue a registration certificate whenever the investigation of
an application indicates that the dwellings, apartments, or rooming units offered for rent comply with all
provisions of this Code, including any provisions of the zoning, building, fire safety, or health ordinances
applicable in Sections 7-1-3 and 7-1-7. Every registrant of a dwelling, apartment or rooming unit offered for
rent shall post the registration certificate in a visible place.
Sec. 7-3-10. Notice of violation.
The Director of Community Development must serve notice to the applicant, as required by Section 7-6-9,
whenever the director's investigation of an application for registration certificate indicates that the dwelling,
apartment or rooming unit that is non-owner occupied does not comply with the provisions of this Code.
Additionally, owners of rental property must give notice of outstanding violations under Section 7-3-20 to
purchasers of such property.
11
Sec. 7-3-11. Rejection of application.
Whenever the investigation of an application for a registration certificate indicates that the dwelling,
apartment or rooming unit does not comply with the provisions of this Code, and from the nature of
the violations, the dwelling, apartment or rooming unit cannot be brought up to meet the minimum
requirements, the Director of Community Development shall return the application to the applicant stating
the reasons for the rejection of the application.
Sec. 7-3-12. Appeals.
Any applicant whose application for registration certificate has been rejected by the Director of Community
Development, may request and shall be granted a hearing in the matter before the board of appeals under
the procedures found in Section 7-6-13.
Sec. 7-3-13. Failure to register.
Every person required to register a dwelling, apartment, or rooming unit under the provisions of this chapter,
and who fails to do so, or who allows the property to be occupied when the registration certificate or right
to receive such registration certificate is revoked or suspended, shall be guilty of a violation of this Code.
Each day that a property is rented out without a valid rental registration certificate on file for that property is
a separate violation. A violation of this section shall be penalized as noted below:
1. For new owners that do not have existing rentals or have not had rentals in the past 5 years:
a. First Written Warning
b. Notice of Violation with a $250 fee
c. Final Notice of Violation with an additional $500 fee
d. Referral for legal action – Misdemeanor punishable by up to a $1,000 fine, 90 days in jail, or
both.
2. For existing owners that have had rentals in the last 5 years or have rentals listed under different
LLC’s or different management companies:
a. Notice of Violation with a $250 fee
b. Final Notice of Violation with an additional $500 fee
c. Referral for legal action – Misdemeanor punishable by up to a $1,000 fine, 90 days in jail, or both.
Sec. 7-3-14. Certificate renewal and transferability.
(1) Registration certificates will be placed on one-year, two-year, three-year, or four-year inspection
cycle pending the last inspection scoring, which is determined upon number and priority of
violations. All information required by Section 7-3-3 must be submitted at the time of renewal.
(2) Every person who transfers title to property registered under this chapter shall provide the Director
of Community Development with the name, residence address, telephone number, and date of
the transfer of title to the new owner within ten days of the date of such transfer. Within 30 days
of the date of such transfer, the new owner or their agent shall make application to transfer the
registration certificate to the new owner. A rental certificate transfer fee as listed in the city’s fee
schedule must be paid at the time that the application for transfer is submitted to the director. In
the case of an option contract (contract for deed) where the holder of the option is collecting rents
and/or is paying on the mortgage to the property while the option remains unexercised, the holder
of the option shall be deemed to be the owner of the property for purposes of this section and shall
be required to apply for a rental registration certificate in their name. The date the option contract
is created shall be deemed to be the date the holder of the option becomes the owner for purposes
of this section.
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Sec. 7-3-15. Rental certificate transfer.
(1) Within 90 30 days, the new owner or their agent who transfers the title to a property registered
under this chapter shall make an application to transfer the registration certificate to the new
owner. A rental certificate transfer fee must be paid at the time that the application for transfer is
submitted to the Director of Community Development. In the case of an option contract (contract
for deed) where the holder of the option is collecting rents and/or is paying on the mortgage to
the property while the option remains unexercised, the holder of the option shall be deemed to
be the owner of the property for purposes of this section and shall be required to apply for a rental
registration certificate in their name. The date the option contract is created shall be deemed to
be the date the holder of the option becomes the owner for purposes of this section.
(2) All fees collected under this chapter shall be paid to the City Director of Finance.
(3) See fee schedule Section 7-5-4.
Sec. 7-3-16. Transfer of ownership.
It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order, to
owe any outstanding fees, or upon whom a notice of violation has been served to sell, transfer, mortgage,
lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance
order or notice of violation have been complied with, or until such owner or the owner's authorized agent
shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice
of violation issued by the code official. The owner shall furnish to the code official a signed and notarized
statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance
order or notice of violation and fully accept the responsibility without condition for making the corrections or
repairs required by such compliance order or notice of violation.
Sec. 7-3-17. Suspension or revocation of registration certificate.
1. Any registration certificate issued by the city may be denied, allowed to expire without renewal,
suspended or revoked, or the licensee or applicant may be fined consistent with Section 7-3-6, upon a
finding, based upon a preponderance of the evidence presented to the Board of Appeals, that the
certificate holder, during the term of the certificate, failed to comply with any provision of this title or
Chapter 8-2, any applicable federal or state statute or administrative rule, or any other city or county
ordinance. The failure to obtain an amended registration certificate showing the changed name or
location of a resident agent or property manager, as required by section 7-3-2, and the failure to comply
with any of the registration certificate standards provided in section 7-3-6 are also a basis for any of the
actions provided for in this section. The Board of Appeals may postpone or discontinue an action to
deny, not renew, revoke or suspend a registration certificate, or fine a licensee or applicant, if it appears
the licensee or applicant has taken appropriate measures, including a failed eviction process, which
will correct the violation.
2. This section applies to individual units within buildings or complexes containing multiple units when the
noncompliance occurs within a unit. This section applies to a public area covered by a registration
certificate when the noncompliance occurs within a public area. For purposes of this chapter, the term
"public area" shall have the meaning provided in Section 7-14 and the term "applicable federal or state
statute or administrative rule, or any other city or county ordinance" means any such law or ordinance
that involves the protection and security of the public's health, welfare or safety.
3. A property owner’s right to apply and receive a registration certificate may be suspended or revoked
upon a finding, based upon a preponderance of the evidence presented to the Board of Appeals, that
the applicant has allowed a person to occupy, or has rented or has offered to rent to another for
occupancy, any dwelling, or any apartment or rooming unit in any dwelling, without first obtaining a
registration certificate as required by this chapter. The Board of Appeals may postpone or discontinue
an action to deny, not renew, revoke or suspend a registration certificate, or to fine a licensee or
13
applicant, if it appears the licensee or applicant has taken appropriate measures, including a failed
eviction process, which will correct the violation.
4. Upon the Community Development Director's determination that a reasonable basis exists to seek
the suspension or revocation of a registration certificate, right to obtain a certificate, or to seek the
imposition of a fine or other sanction, the Director shall cause a hearing to be held before the Board
of Appeals. All parties must be given an opportunity to appear at the hearing after receiving
reasonable notice. The notice must state the time, place and issues involved.
5. No such suspension or revocation shall be effective until the certificate holder has been afforded an
opportunity for a hearing under Minn. Stats. §§ 14.57—14.69. All parties must be given an
opportunity to appear at the hearing after receiving reasonable notice. The notice must state the
time, place and issues involved. The certificate holder may present evidence of mitigating
circumstances that would allow the certificate holder to retain the certificate or the right to obtain a
certificate. The Board of Appeals must, in good faith, hear and consider this evidence in arriving at
its final order.
6. Upon finding that the certificate holder, licensee or applicant has violated any such statute, rule or
ordinance, the Board of Appeals may impose any of the following sanctions:
a. Suspend the registration certificate, or the right to obtain a certificate, for a period not to exceed
two years. From the time the suspension expires until the time the certificate is scheduled to
expire, if applicable, the certificate holder will be on probation subject to compliance with all
federal, state and local laws and ordinances. If the certificate holder violates any such law or
ordinance during the time of probation, the Board must hold another hearing to consider the
revocation of the certificate.
b. Revoke the rental registration certificate, or the right to obtain a certificate, and establish a time
after which the certificate holder or applicant may apply for a new certificate for the premises in
question. The revocation period may not exceed five years.
c. Impose a civil fine not to exceed $1,000.00 for each violation that occurred.
d. Place the certificate holder or applicant on probation for a time not to exceed one year. During
the probation, the certificate holder or applicant must comply with all federal, state and local
laws and ordinances as well as any other reasonable condition imposed by the Board designed
to gain compliance with applicable laws. If the certificate holder or applicant violates any of the
terms of probation, the Board must hold a hearing to consider the suspension or revocation of
the certificate or the right to obtain a certificate.
7. Upon expiration of a suspension or probation time, a certificate holder must pay to the city a re-
instatement fee for the first unit or public area to be re-inspected and re-licensed and a fee for
each additional unit or public area to be re-inspected and re-licensed. All fees associated with this
are listed in the city’s fee schedule.
Sec. 7-3-18. Legislative intent.
1. It is declared to be the purpose and intent of sections 7-3-19 through 7-3-20 to protect and preserve
this city's neighborhoods and the public health, safety, welfare and morals of those who live there.
The Board of Appeals determined that:
a. There are persons residing in rental property in the city engaging in disorderly conduct which
results in a hostile environment for other citizens living close to the rental property.
b. There is currently no city ordinance which provides a formal procedure by which the city can
notify a rental property owner or manager of the disorderly conduct occurring on the property.
c. There is currently no procedure by which the city can require a rental property owner or manager
to respond to and resolve the occurrences of disorderly conduct occurring on their rental
property and to take administrative action against their rental registration certificate or right to
obtain a rental registration certificate should they fail to do so.
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2. Accordingly, it is the intent of sections 7-3-19 through 7-3-20 to address the serious and life-
threatening problems posed by the occurrence of disorderly conduct to the health and safety of all
city residents in all portions of the city. At the same time, the Board of Appeals recognizes,
acknowledges, and complies with all due process and property rights enjoyed by those who own
or manage rental property as well as those who reside in such property. This title represents the
city's good faith effort to balance those competing and legitimate interests.
Sec. 7-3-19. Conduct on licensed premises.
(1) Any rental property owner shall be responsible to take appropriate action against persons occupying
specific units in the licensed premises who conduct themselves in such a manner as to cause the premises
to be disorderly in violation of the statutes or ordinances listed in subsection (2) of this section. For purposes
of this section, the term "persons occupying the premises" includes tenants and those persons on the
licensed premises whose presence the tenant has invited or to which the tenant has acquiesced. Violations
of this section apply to individual units within buildings or complexes containing multiple units when the
conduct occurs within a unit. Violations of this section by persons occupying specific units that occur within
a common area of the licensed premises shall apply both to the individual unit and to the common area of
the licensed premises.
(2) The following ordinances and statutes are applicable to this section:
(a) Minn. Stats. § 609.324 prohibiting prostitution;
(b) Section 8-7-6 prohibiting participation in a disorderly house;
(c) Minn. Stats. §§ 617.23 prohibiting indecent exposure;
(d) Section 8-7-8 noises prohibited;
(e) Chapter 7-15-5 prohibiting overcrowding;
(f) Minn. Stats. §§ 609.75—609.76, which prohibit gambling;
(g) Minn. Stats. §§ 152.01; 152.022-152.025, which prohibit unlawful possession or unlawful sale of
controlled substances;
(h) Minn. Stats. Ch. 340A.503, which prohibits the unlawful sale, use or possession of alcoholic
beverages for persons under the age of 21;
(i) Minn. Stats. §§ 97B.021, 609.66and 624-713, which prohibit the unlawful possession, or use of a
weapon;
(j) Minn. Stats. § 609.72, which prohibits disorderly conduct; or
(k) Minn. Stats. §§ 609.221, 609.222, 609.223, 609.2231, and 609.224, which prohibit assaults.
(3) Law enforcement or the Director of Community Development shall be charged with the responsibility of
enforcing subsection (2) of this section.
(4) Upon determination by law enforcement or the Director of Community Development that the licensed
premises were involved in disorderly use, law enforcement shall notify the license holder by delivering
electronically or by regular mail of such violation and direct the license holder to take appropriate action to
prevent further violations. Notice shall be effective if mailed to the license holder at that person's last-known
address. This and subsequent notices are collectively referred to as disorderly use notices.
(5) If another instance of disorderly use on the premises occurs within 12 months of an incident for which a
prior disorderly use notice was given, the license holder shall be notified of the instance of disorderly use
and shall also be required to submit a written report of appropriate actions taken by the rental property
owner to prevent further disorderly use of the premises. This written report shall be submitted to law
enforcement within 10 business days of the notice of disorderly use of the premises and shall, in addition
to the report of appropriate actions to be taken, detail all actions taken by the rental property owner in
response to all notices of disorderly use of the premises within the preceding 12 months. Failure to submit
15
the written report as required shall be a basis for the imposition of a fine and the revocation or suspension
of the license or right to receive the license for the specific units located on the licensed premises as
otherwise provided for in this chapter.
(6) If another instance of disorderly use of the premises occurs within 12 months of two or more prior
disorderly use notices, the license or right to obtain such license may be revoked or suspended for a specific
unit located on the licensed premises. If the notice of violation has been issued with respect to a common
area of a building or complex of buildings, then the license or right to obtain such license as to all units in
such building or complex may be suspended or revoked.
(7) If another instance of disorderly use of the premises occurs within 12 months of the expiration of a prior
suspension issued pursuant to the provisions of this section, the license or right to obtain such license may
be revoked or suspended for the specific units located on the licensed premises. If the notice of violation
has been issued with respect to a common area of a building or complex of buildings, then the license or
right to obtain such license as to all units in such building or complex may be suspended or revoked.
(8) No suspension or revocation or other sanctions shall be imposed where one or more of the three
required disorderly use notices were emailed, mailed or delivered to the landlord after the rental property
owner has filed an unlawful detainer action with the district court for the unit identified in the disorderly use
notice. Calls to law enforcement made by rental property owners shall not be considered incidents of
disorderly use in the implementation of subsections 4 through 7 of this section. The initiation of an unlawful
detainer action shall not be a bar to sanctions, however, unless the action is diligently pursued by the rental
property owner. Notice of and a copy of the unlawful detainer action shall be delivered to the police
department. A determination that the licensed premises have been involved in a disorderly use as described
in subsection 2 of this section shall be made upon a preponderance of the evidence. It shall not be
necessary that criminal charges be brought to support a determination of disorderly use, nor shall the fact
of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this
section.
(9) This section applies to all leases, whether written or oral, and a landlord may consider any tenant's
conduct listed in subsection 2 of this section to be both a material breach of the lease and grounds for
termination in any unlawful detainer action. Additionally, all written leases executed shall contain a clause
providing that conduct that violates subsection 2 of this section constitutes both a material breach of the
lease and grounds for termination of such lease.
(10) This section is not intended to supersede criminal sanctions that may be applied to the individual who
violates the statutes and ordinances listed in subsection 2 of this section.
(11) A purchaser of rental property against which there is an outstanding first or second disorderly use
notice takes the property subject to that notice. The purchaser may petition the Board of Appeals to have
one or both of those notices stricken. In considering the petition, the Board of Appeals shall consider the
recommendations of the Crime Prevention unit and Community Development Department and shall strike
one or both of the previous disorderly use notices if such action promotes the public's health, welfare and
safety interests. Examples of actions that promote the public's health, welfare and safety include, but are
not limited to:
(a) The need for a change in ownership of rental property that has a history of ordinance or
state law violations;
(b) The implementation of new and positive rental practices, operations or policies;
(c) The attendance at the public safety seminar; and
(d) The use of beneficial lease agreement terms (such as requiring background checks and
allowing for eviction upon the occurrence of a disorderly use).
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(12) Consistent with Minn. Stats. 504B.205, subd. 3, nothing in this section:
(a) Requires an eviction after a specified number of calls by a residential tenant for police or
emergency assistance in response to domestic abuse or any other conduct; or
(b) Provides that calls by a residential tenant for police or emergency assistance in response
to domestic abuse or any other conduct may be used to penalize or assess a fine to a
landlord.
Sec. 7-3-20. Appeals of rental certificate suspension and revocation.
(1) Upon a determination that a license or right to obtain such a license may be suspended or revoked, or
that a fine or other sanctions may be imposed, a hearing shall be held before the Board of Appeals at the
request of the property owner All parties shall be afforded an opportunity to appear at such hearing after
receiving reasonable notice. The notice shall state the time, place, and issues involved. At this hearing,
rental property owners may present evidence of mitigating circumstances showing the absence of any need
for a hearing before the Board of Appeals to consider the revocation or suspension of the license or right
to receive such a license, or the imposition of fines or other sanctions.
(a) Mitigating circumstances may include, but are not limited to, the following:
1. The license holder has initiated action to remove or evict the tenant;
2. The license holder has participated in the police department's crime free multi-housing
program;
3. The license holder was not the property owner at the time the disorderly use notices were
issued;
4. The license holder has taken action to update the lease consistent with this chapter's
requirements;
5. The license holder has initiated background checks of potential tenants; or
6. The license holder has taken other action to monitor or positively impact the tenant's
conduct.
(2) The Board shall, in good faith, hear and consider this evidence in deciding to hold a hearing.
(3) No suspension or revocation shall be effective until the rental property owner has been afforded an
opportunity for a hearing under Minn. Stats. §§ 14.57—14.69. Should the Board of Appeals all parties shall
be afforded an opportunity to appear at such hearing after receiving reasonable notice. The notice shall
state the time, place, and issues involved. At this hearing, license holders may present evidence of
mitigating circumstances that would allow a rental property to retain its license or the right to obtain such a
license. The Appeals Board shall, in good faith, hear and consider this evidence in deciding to revoke or
suspend the license or right to receive a license, impose civil penalties, or impose other reasonable
conditions based upon violations of this chapter. The Board of Appeals may postpone or discontinue such
proceedings if it appears that the licensee has taken appropriate measures that will prevent further
instances of disorderly use.
(4) The Board of Appeals reserves the right to impose any of the following sanctions for violations of section
7-3-19:
(a) Suspend the license or right to receive a license for up to 60 days;
(b) Revoke the license or right to receive a license and establish the time frame after which an
application for a new certificate for the premises may be made;
17
(c) Impose a civil fine not to exceed an amount equal to one month’s rent for each violation found
because of the hearings; or
(d) Impose other reasonable conditions intended to limit future incidents of disorderly use.
i. The Board may also stay the suspension or revocation of a license or right to receive a
license upon the license holder's compliance with the terms of the council's order.
(5) Upon expiration of the suspension or revocation period, a license holder shall pay to the city a
reinstatement fee for the first unit re-licensed and a fee for each additional unit. All fees associated with this
are listed in the city’s fee schedule.
(6) Upon the expiration of the suspension or revocation period and the license holder's compliance with
such other sanctions imposed, the disorderly use notices that formed the basis for the sanctions shall be
stricken and not considered in any subsequent proceeding under this section.
Sec. 7-3-21. Prospective tenant background investigations.
(1) The common council has determined that there are persons residing in rental property in the city
engaging in disorderly conduct which results in a hostile environment for other citizens living in or close
to the rental property. It is the declared purpose and intent of this section to protect and preserve the
city's neighborhoods and the public health, safety, welfare and morals of its citizens by providing a
system at the local level for criminal history/background investigations of prospective tenants.
(2) Any owner of rental property may request that the police department conduct a criminal
history/background investigation of a prospective tenant as provided under Section 2-12-3. Such
request shall be on a form approved or provided by the police department. The applicant shall pay an
investigation fee as established by resolution of the common council.
Sec. 7-3-22. Declaration of nuisance.
(1) Minn. Stats. § 412.221, subd. 23 states that a city council has the power, by ordinance, to define
nuisances and to provide for their prevention or abatement. Minn. Stats. § 410.33 extends this authority
to a home rule city, including the City of Rochester. In addition, Section 1.00, subd. 3 of the City of
Rochester Home Rule Charter allows the city to utilize the authority found at Minn. Stats. § 412.221,
subd. 23.
(2) The city council invokes the authority described in subsection (1) of this section and hereby declares
the repeated violation of this title and chapter 8-3 to be a nuisance.
(3) For purposes of this section, the term "repeated violation" means three or more convictions for one
property address, or six or more convictions for multiple property addresses, involving this title and
chapter 8-3, occurring within a 24-month period.
(4) In addition to any other relief provided by this chapter, the city attorney may apply to a court of
competent jurisdiction for injunctive relief to prohibit the continuation of any nuisance as declared by
this section. Such application for relief may include seeking a temporary restraining order, temporary
injunction or permanent injunction.
Sec. 7-3-23. Temporary rental registration certificates.
The City, at its discretion, may issue a temporary rental registration certificate when corrections required
following inspection do not constitute a fire, safety or health hazard to the occupants or the general public,
and the repairs are not practically feasible as a result of factors beyond the rental property owner's control.
Such factors may include climatic conditions or the unavailability of contractors, supplies or materials
needed to make corrections. A temporary rental registration certificate shall be conditioned upon the rental
property owner's making the needed corrections with timelines determined by the City and identified on the
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temporary certificate. The temporary certificate shall expire if the work is not completed, inspected and
approved by the City by the date listed thereon.
Section 4. Chapter 7-4 of Title 7 of the Rochester Code of Ordinances is hereby
repealed and replaced to read as follows:
CHAPTER 7-4. SHORT TERM RENTALS
Sec. 7-4-1. Definitions.
Whenever used in this chapter the following words shall have the meanings indicated.
Building inspector means the Director of Community Development or any of their authorized representatives
and assistants.
License means a short-term rental housing platform license
Short-term rental means a person or entity that participates in the short-term rental business by providing,
and collecting or receiving a fee for, booking services through which an owner may offer a dwelling unit, or
a portion thereof, for tourist or transient use. Hosting platforms usually, though not necessarily, provide
booking services through an online platform that allows an owner to advertise the dwelling unit through a
website provided by the hosting platform and the hosting platform conducts a transaction by which potential
tourist or transient users arrange tourist or transient use and payment, whether the tourist or transient pays
rent directly to the owner or to the hosting platform.
Short term rental-owner occupied means a dwelling unit, or a portion of a dwelling unit, rented for less than
30 days, in which at least one of the owners, is occupying the site during the rental period, and is registered
as an owner-occupied short-term rental with the City of Rochester.
Short term rental-non-owner occupied means a dwelling unit, or a portion of a dwelling unit, rented for less
than 30 days, in which the owner is not present during the rental period, and holds a short- term rental
certificate with the City of Rochester.
Sec. 7-4-2. License required.
(1) No person shall engage in the activity of a short-term rental in the city without obtaining a registration
certificate as provided in chapter 7-3. Single-household owner-occupied short-term rentals are required
to be registered only. All other short-term rentals are required to be registered and inspected per Section
7-3-13.
(2) Short term rentals in multi-family buildings with three or more (3+) units would be prohibited as a primary
use (these would be considered hotels). Structures with three or more (3+) units require building code
classification change from an “apartment building” where occupants are primarily permanent in nature to
“hotel/transient housing”. Structures with five or more (5+) beds would be classified by the department of
health as “lodging” or “hotel” and require a lodging license.
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Rental State Building Building or 2020 State
# of STR
Registration
Property Code portion thereof Accessibility
Property Type
Dwelling Units
Required?
Inspection Occupancy Reclassification Code
Allowed
Required? Classification Required Requirements
Single Household
Building or Unit – attached
IRC-1, IRC-3,
1 Yes No No None
(townhome) or detached
or R-3
(Owner Occupied,
includes condominium)
Single Household
IRC-1, IRC-3,
1 Yes Yes No None
Building Or Unit – attached
or R-3
(townhome) or detached
2
2 Yes Yes No None
Duplex Building IRC-2 or R-3
1,2
2Yes Yes No None
Triplex Building R-2
1,2
2 Yes Yes No None
Four-Plex Building R-2
1,2
Building with Four or
2Yes Yes No None
R-2
More Units
Building with more than 25% of 2% Accessible
Yes Yes Yes, R-1
R-2
1
Four Units dwelling units Units
1
If a request is made for more than two STR units, reclassification of units would be required through a change of occupancy review
process, which includes the application of State Accessibility regulations. In addition, if a request is made to use more than 25% of
the units as STR units, Community Development would consider this to be a change of use and would require the project to go
through a change of use review process. Each of these processes requires payment of a processing fee.
2
For the purposes of this table it is assumed that the number of occupants within the two dwelling units does not exceed 10 total.
Sec. 7-4-3. Short-term rental and short-term rental hosting platform license fee.
(1) All other short-term rentals are required to be registered and inspected per Chapter 7-3.
(2) The annual fee for the issuance or renewal of a short-term rental hosting platform license shall be as is listed in
the fee schedule. The building inspector may, through the fee schedule, impose a lesser annual fee for a short-
term rental hosting platform that lists or will list no more than one-hundred fifty (150) dwelling units at any given
time. The license fee shall be paid as a precondition to issuance or renewal of the license.
Sec. 7-4-4. Short-term rental application.
All short-term rental applicants are required to adhere to requirements of Section 7-3-5.
Sec. 7-4-5. Short-term rental qualifications for license.
All short-term rental applicants are required to adhere to requirements of Section 7-3-6.
Sec. 7-4-6. Short-term rental, investigation and issuance.
All short-term rentals are required to adhere to requirements of Section 7-3-7.
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Sec. 7-4-7. Adverse license action.
All short-term rentals are required to adhere to requirements of Section 7-3-2.
Section 5. Chapter 7-5 of Title 7 of the Rochester Code of Ordinances is hereby
repealed and replaced to read as follows:
CHAPTER 7-5. ADMINISTRATION AND ENFORCEMENT
Sec. 7-5-1. General.
Housing and neighborhood services is hereby created and the executive official in charge thereof shall be
known as the code official.
Sec. 7-5-2. Appointment.
The code official shall be appointed by the chief appointing authority of the jurisdiction.
Sec. 7-5-3. Deputies.
Such employees shall have powers as delegated by the code official. The Director of Community
Development shall enforce the provisions of the housing code. This shall not be construed to prohibit any
other city officer or their authorized representative from enforcing the provisions of the housing code in
aspects related to their specific functions. All notices served for violations of the housing code shall be filed
with the Director of Community Development.
Sec. 7-5-4. Fees.
Staff shall maintain an official fee schedule on the city's website for activities and services performed by
the department in carrying out their responsibilities under this Code. The applicable charges or fees shall
be set forth in the city’s schedule of charges and fees which will be adopted by resolution and modified from
time to time. The official fee schedule shall be available to the public in the Community Development
Department Office as well as online at www.rochestermn.gov.
(1) In addition to such other fees that as may be imposed by this Code, a nonrefundable rental
property registration certificate fee for each building and rental property registration certificate fee of for
each apartment unit and the first four rooming units not occupied by the owner shall be paid when an
application is filed for a registration certificate and annually thereafter on the first of the month of their
renewal date.
One Year Inspection Score Fee
(2) Rental certificates placed on a one-year inspection cycle for scoring highly upon renewal, will be
charged a penalty fee dependent on the number of units and upon determination of the inspection cycle.
a. Properties with 1-4 units - $75.00 penalty fee
b. Properties with 5-12 units - $100.00 penalty fee
c. Properties with 13 or more units - $125.00 penalty fee
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Late Renewal Payment Fee
(3) If a rental registration renewal fee is not received by the Director of Community Development prior
to the expiration date of the certificate, additional fees will be increasingly assessed. Details of fees can
be found in the city fee schedule.
Missed Appointment Fees
(4) In addition to any other fee provided by this section, an owner shall pay an additional fee, if the
owner or manager fails to keep a scheduled appointment, reschedules an inspection more than once,
cancels within five business days if an entire business day is reserved for inspection(s) or 24 hours if the
scheduled inspection(s) are less than an entire business day.
Re-inspection Fees
(5) There shall be no additional fee charged for an initial/routine inspection to determine the existence
of a housing code violation(s), nor any fee for the first reinspection to determine compliance with an order
to correct a housing code violation(s). An additional fee shall be charged for each subsequent reinspection,
including photo or video submissions. The reinspection fee shall be a flat rate determined depending on
the number of units a property has: and can be found in the city fee schedule
Exception: Maximum re-inspection fee amounts are assessed for rental communities, which hold multiple
rental licenses for each building, but are all owned and managed by the same agency. Rental communities
fitting this description with five or more separate rental licenses will not be assessed more than the total
of $45.00 per license. For example, a rental community with 20 buildings has a maximum re-inspection
fee assessment of $900.00.
All fees collected under this chapter shall be paid to the City Director of Finance.
(6) Any written extension approval that is granted to the owner/agent with a completion date that is not
kept, is subject to late compliance fees for failure to keep the extension appointment that the owner
requested while the certificate is expired.
Late Compliance Fees
(7) Penalty fees will be assessed when a certificate has been non-compliant and expired beyond 90
days. This would be applied for rental certificates beyond 90 days from the expiration date of the
certificate. New-use rentals are subject to late compliance fees if a rental certificate is not issued beyond
180 days from the application. After the third (3) and final notice is issued, the property owner or owner’s
agent has thirty (30) days to contact the office of Community Development. If the license is not brought into
compliance within those thirty (30) days, the rental license can be terminated. This would result in a loss of
any and all grandfathered rights and previously approved modifications. If the property is rented without an
active rental license, the property owner is responsible for all previous unpaid fees.
(8) Additional fees will be assessed based on the number of units, increasingly per the fee schedule
until the certificate is in compliance:
(9) See the official Fee Schedule on www.rochestermn.gov
Additional fees will be assessed based on the number of units accumulatively per the fee schedule until
the certificate complies:
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Expired rental New-use rental 1-4 units 5-12 units 12+ units
certificate
91-120 days 181-210 days $100 $150 $250
121-150 days 211-240 days $125 $250 $500
151-180 days 241-270 days $150 $500 $750
181 days or 271 days or Referred to City attorney for legal action
more more
Fees will not be applied if an extension of time is granted for compliance.
Administrative Fees
(10) An administration fee will be charged for all contract work arranged by the Department of
Community Development for the abatement of a public health or safety hazard, including, but not limited to
provisions of Section 7-5-16 through 7-5-22. The administration fee will be charged to the property owner
in addition to all other costs incurred by the Department, abating the public health and safety hazard.
Renting without a Rental Certificate
(11) Every person required to register a dwelling, apartment, or rooming unit under the provisions of
chapter 7-3, and who fails to do so, or who allows the property to be occupied when the registration
certificate or right to receive such registration certificate is revoked or suspended, shall be guilty of a
violation of this Code. Each day that a property is rented out without a valid rental registration certificate on
file for that property is a separate violation.
Renting more units than approved
(12) Any person found in violation of renting more units than what is approved, a notice of violation or
order will be served and shall be deemed guilty of a misdemeanor, punishable by a fine up to $1,000.00
and/or 90 days in jail or civil infraction as determined by the city.
Section 6. Chapter 7-6 of Title 7 of the Rochester Code of Ordinances is hereby
repealed and replaced to read as follows:
CHAPTER 7-6. COMPLIANCE
Sec. 7-6-1. General.
The code official is hereby authorized and directed to enforce the provisions of this code.
The code official shall have the authority to render interpretations of this code and to adopt policies and
procedures to clarify the application of its provisions. Interpretations, policies and procedures shall comply
with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving
requirements specifically provided for in this code.
Sec. 7-6-2. Determination of compliance.
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The code official shall have the authority to determine compliance with this Code, to render interpretations
of this Code and to adopt policies and procedures in order to clarify the application of this Code’s provisions.
Such interpretations, policies and procedures:
1. Shall be in compliance with the intent and purpose of this Code.
2. Shall not have the effect of waiving requirements specifically provided for in this Code or other
applicable codes and ordinances.
\[A\] Technical assistance. To determine compliance with this Code, the code official is authorized to
require the owner or owner’s authorized agent to provide a technical opinion and report.
\[B\] Cost. A technical opinion and report shall be provided without charge to the city.
\[C\] Preparer qualifications. The technical opinion and report shall be prepared by a qualified engineer,
specialist, laboratory or specialty organization acceptable to the code official. The code official is authorized
to require design submittals to be prepared by, and bear the stamp of, a registered design professional.
\[D\] Content. The technical opinion and report shall analyze the properties design, operation or use of the
building or premises and the facilities and appurtenances situated thereon to identify and propose
necessary recommendations.
\[E\] Test methods. Where there is insufficient evidence of compliance with the provisions of this code, the
code official shall have the authority to require tests as evidence of compliance. Test methods shall be as
specified in this Code or by other recognized test standards. In the absence of recognized test standards,
the code official shall approve the testing procedures. Such tests shall be performed by a party acceptable
to the code official.
\[F\] Alternative materials, design and methods of construction and equipment. The provisions of this
Code are not intended to prevent the installation of any material or to prohibit any design or method of
construction not specifically prescribed by this Code, provided that any such alternative is not specifically
prohibited by this Code and has been approved.
Exception: Performance-based alternative materials, designs or methods of construction and equipment
complying with the International Code Council Performance Code.
\[G\] Approval authority. An alternative material, design or method of construction shall be approved when
the
code official finds that the proposed alternative is satisfactory and complies with Sections 7-6-2(f) through
7-6-4, as applicable.
\[H\] Application and disposition. Where required, a request to use alternative material, design or method
of construction shall be submitted in writing to the official code for approval. Where the alternative material,
design or method of construction is not approved, the code official shall respond in writing, stating the
reasons the alternative was not approved.
\[I\] Compliance with code intent. An alternative material, design or method of construction shall comply
with the intent of the provisions of this Code.
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\[J\] Equivalency criteria. An alternative material, design or method of construction shall, for the purpose
intended, be not less than the equivalent of that prescribed in this Code with respect to all of the following,
as applicable:
1. Quality.
2. Strength.
3. Effectiveness.
4. Durability.
5. Safety, other than fire safety.
6. Fire safety.
Sec. 7-6-3. Used material and equipment.
The use of used materials that meet the requirements of this Code for new materials is permitted. Materials,
equipment and devices shall not be reused unless such elements are in good repair or have been
reconditioned and tested where necessary, placed in good and proper working condition and approved by
the code official.
\[A\] Tests. Tests conducted to demonstrate equivalency of an alternative material, design or method of
construction applications shall be of a scale that is sufficient to predict performance of the end use
configuration. Tests shall be performed by a party acceptable to the code official.
\[B\] Fire tests. Tests conducted to demonstrate equivalent fire safety of an alternative material,
design or method of construction application, shall be of a scale that is sufficient to predict fire safety
performance of the end use configuration. Tests shall be performed by a party acceptable to the building
official.
\[C\] Reports. Supporting documentation, where necessary to assist in the approval of materials or
assemblies not specifically provided for in this Code, shall comply with Sections 105.2.2.6.1 and
105.2.2.6.2.
\[D\] Evaluation reports. Evaluation reports shall be issued by an approved agency and use of the
evaluation report shall require approval by the code official for the installation. The alternate material, design
or method of construction and product evaluated shall be within the scope of the code official’s recognition
of the approved agency. Criteria used for the evaluation shall be identified within the report, and, where
required, provided to the code official.
\[E\] Other reports. Reports not complying with Section 105.2.2.6.1 shall describe criteria, including but not
limited to any referenced testing or analysis, used to determine compliance with Ccode intent and justify
code equivalence. The report shall be prepared by a qualified engineer, specialist, laboratory or specialty
organization acceptable to the code official. The code official is authorized to require design submittals to
be prepared by, and bear the stamp of, a registered design professional.
\[F\] Peer review. The code official is authorized to require submittal of a peer review report in conjunction
with a request to use an alternative material, design or method of construction, prepared by a peer reviewer
that is approved by the code official.
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Sec. 7-6-4. Test reports.
The code official shall retain reports of tests for the period required for retention of public records.
Sec. 7-6-5. Modifications.
When practical difficulties prevent compliance with this Code, the code official shall have the authority to
grant modifications for an individual case(s) upon application of the owner or owner’s authorized agent. A
modification may be granted only if the code official determines that a special and individual reason makes
strict compliance impractical, the modification is consistent with the intent and purpose of this Code and the
modification does not lessen health, accessibility, life and fire safety or structural requirements. The details
of the written request for and the action granting modifications shall be recorded and entered in the files of
the Housing and Neighborhood Services Department.
Sec. 7-6-6. Extensions.
Whenever there are practical difficulties involved in carrying out the corrections that were cited in the notice,
an extension can be requested within a reasonable timeframe to complete such corrections.
Sec. 7-6-7. Inspection of dwellings and right of entry.
The Director of Community Development shall make inspections at reasonable times as provided to
determine the condition of dwellings, and premises located within the city, to perform the duty of
safeguarding the health and safety of the occupants of dwellings and of the public. For making such
inspections, the Director of Community Development is hereby authorized to enter, examine, and survey,
at all reasonable times, all dwellings and premises, except that inspection of owner-occupied, single-
household dwellings. Inspections of owner-occupied and single household dwellings shall only be made
when permitted by the owner, or in an emergency endangering life or property, or when authorized by court
order, warrant, or other judicial process. Inspection of dwellings, other than owner- occupied single-
household dwellings, shall be a condition of the business of leasing or renting such dwellings to others, and
the owner, occupant, or the person in charge of such dwellings shall give the Director of Community
Development free access to such dwellings and its premises, at all reasonable times, for the purpose of
such inspection, examination, and survey. No registration certificate required by the Code shall be issued
if admittance for inspecting the premises is refused by the owner, occupant, or person in charge. The
Minnesota Department of Health and acting agency, Olmsted County, shall defer Adult Foster Care Homes
or Community Residential Setting license inspections to the Community Development Department for
verification of compliance with Chapter 7 of the R.C.O. Olmsted County reserves the right to defer the
inspection to Community Development when a site does not successfully pass the review of 245D.22 Subd.
1 of Minnesota Statue. The Community Development Department will assess a $45 inspection fee for the
referral. The Adult Foster Care provider will be required to correct issues within 30 days of notice or be
assessed an additional $45 fee. Corrections not resolved in a timely matter could impact the facility’s license
with the Minnesota Department of Health.
When a structure or equipment is found by the code official to be unsafe, or when a structure is found to be
unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the
provisions on this Code.
When a remodel is taking place of a unit during the renewal period, in order to remain compliant either an
inspection needs to take place or permits for that work will need to be started.
Sec. 7-6-8. Access by owner.
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Every occupant of a dwelling, rooming unit or apartment shall give the owner thereof, or owner's agent or
employee, access to any part of such dwelling, rooming unit or apartment, or its premises, at all reasonable
times for the purpose of making such repairs or corrections as are necessary to effect compliance with the
provisions of the Code or any lawful order issued pursuant to the provisions of the Code.
Administrative Warrant. Where the code official has first obtained a proper inspection warrant or other
remedy provided by law to secure entry, an owner, the owner’s authorized agent, occupant or person having
charge, care or control of the structure or premises shall not fail or neglect, after proper a request is made
to permit entry there by the code official for the purposes of inspection and examination pursuant to this
Code.
Sec. 7-6-8. Identification.
The code official shall carry proper identification when inspecting structures or premises in the performance
of duties under this Code.
Sec. 7-6-9. Notices and orders.
When the Director of Community Development or designee determines that there has been a violation of
this Code or has grounds to believe that a violation of any provisions of the Code, the Director or designee
shall give notice of such alleged violation to the person responsible. Notices for condemnation
procedures shall comply with this section.
Such notice shall be in accordance with all of the following:
(1) Be documented on paper or electronically.
(2) Include a description of the real estate sufficient for identification.
(3) Include a statement of the violation for which the notice is being issued.
(4) Include a correction order allowing a reasonable time to make the repairs and improvements
required to bring the dwelling unit or structure into compliance with the provisions of this Code.
(5) Be served upon the owner, or the operator, or the occupant as the case may require. Such
notices shall be deemed to be properly served upon such owner, operator, or occupant if
personally served on any of them, or by delivering electronically to a confirmed contact such
as the owner, operator, or occupant, or if a copy is left at the owner's usual place of residence
with a person of suitable age and discretion, the resident therein, or by depositing in the United
States Post Office, the notice addressed to the owner at the owner's last known address with
postage prepaid thereon, or if service cannot be made by any one of the above means, then
such notice shall be deemed served if a copy of such notice be posted and kept posted for 48
hours in a visible place on the premises affected by such notice. Such notice may contain an
outline of remedial actions which, if taken, will affect compliance with the provisions of this title.
(6) Inform the property owner or owner's authorized agent of the right to appeal.
(7) Include a statement of the right to file a lien in accordance with Section 7-6-21.
Sec. 7-6-10. Method of service.
Such notice shall be deemed to be properly served where a copy thereof is served in accordance with
one of the following methods:
1. A copy is delivered personally.
2. A copy is sent by certified or registered mail addressed to the owner at the last known address with a
return receipt requested.
3. A copy is delivered in any other manner as prescribed by local law.
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If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall
be posted in a visible place in or about the structure affected by such notice. Service of such notice in the
foregoing manner upon the owner’s agent or upon the person responsible for the structure shall constitute
service of notice upon the owner.
Sec. 7-6-11. Unauthorized tampering.
Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed or tampered
with, or removed without authorization from the code official.
Sec. 7-6-12. Transfer of ownership.
In the event of a transfer or ownership, please reference Section 7-3-16.
Sec. 7-6-13. Appeals.
In order to hear and decide appeals of orders, decisions or determinations made by the code official relative
to the application and interpretation of this Code, there shall be and is hereby created a Board of Appeals.
The Board of Appeals shall be appointed by the applicable governing authority and shall hold office at its
pleasure. The Board shall adopt rules of procedure for conducting its business and shall render all decisions
and findings in writing to the appellant with a duplicate copy to the code official.
1. Limitations of authority. An application for appeal shall be based on a claim that the true intent of
this Code or the rules legally adopted have been incorrectly interpreted, the provisions of this Code
do not fully apply or an equivalent or better form of construction is proposed. The Board shall not have
authority to waive requirements of this Code.
2. Qualifications. The Board of Appeals shall consist of members who are qualified by experience and
training on matters pertaining to the provisions of this Code and are not employees of the city.
3. Administration. The code official shall take action without delay in accordance with the decision of
the Board.
Sec. 7-6-14. Department records.
The code official shall keep official records of all business and activities of the department specified in the
provisions of this Code. Such records shall be retained in the official records for the period required for
retention of public records.
Sec. 7-6-15. Emergency Orders.
Whenever the code official determines that there has been a violation of this Code or has grounds to believe
that a violation has occurred, notice shall be given in the manner prescribed in Section 7-3-10 to the person
responsible for the violation as specified in this Code. Notices for condemnation procedures shall also
comply with Section Sec 7-14-11.
1. Whenever the Director of Community Development finds that an emergency exists which requires
immediate action to protect the public health or and safety, the Director may, without notice or
hearing, issue to the owner of the property, an order reciting the existence of such an emergency and
requiring the owner to take such action as the Director deems necessary to meet the emergency.
Notwithstanding the other provisions of the Code, such order shall be effective immediately and any
person to whom such order is directed shall comply immediately, but upon petition to the Director of
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Community Development shall be afforded a hearing in the manner prescribed in Sections 7-6-9
through 7-6-10. After such a hearing, the Board shall continue such order in effect, or modify it, or
revoke it.
2. The abatement procedure in Section 7-6-22 shall apply if the property owner fails to comply with the
emergency order within the timelines established above.
Sec. 7-6-16. Emergency Notices.
Such notice prescribed in Section 7-6-15 shall be in accordance with the following Section 7-6-9.
Sec. 7-6-17. Liability.
The code official, member of the Board of Appeals or employee charged with the enforcement of this Code,
while acting for the city, in good faith and without malice in the discharge of the duties required by this Code
or other pertinent law or ordinance, shall not be rendered civilly or criminally liable personally, and is relieved
from all personal liability for any damage accruing to persons or property as a result of an act or by reason
of an act or omission in the discharge of official duties.
Sec. 7-6-18. Legal defense.
Any suit or criminal complaint instituted against any officer or employee because of an act performed by
that officer or employee in the lawful discharge of duties and under the provisions of this Code shall be
defended by the legal representative of the city until the final termination of the proceedings. The code
official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in
pursuance of the provisions of this Code.
Sec. 7-6-19. Unlawful acts.
It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions
of this Code.
Furthermore, any code enforcement issues not resolved or are repeatedly non-compliant, the property
stndrd
owner is subject to citations as follows: 1 occurrence-$60, 2 occurrence-$90, 3 occurrence-$120.
Failure to comply is committing a misdemeanor that is punishable by fine up to $1,000.00 and/or 90 days
in jail.
Sec. 7-6-20. Violation penalties.
Any person who shall violate a provision of this Code or fail to comply with any of the requirements thereof,
shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues
after due notice has been served shall be deemed a separate offense.
Sec. 7-6-21. Prosecution of violation.
Any person failing to comply with a notice of violation or order served in accordance with Sections 7-3-14,
and 7-3-15, 7-6-9, and 7-14-6 shall be deemed guilty of a misdemeanor, punishable by a fine up to
$1,000.00 and/or 90 days in jail or civil infraction as determined by the city, and the violation shall be
deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute
the appropriate proceeding of law or in equity to restrain, correct or abate such violation, or to require the
removal or termination of the unlawful occupancy of the structure in violation of the provisions of this Code
or of the order or direction made.
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Any action taken by the city on such premises shall be charged against the property upon which the
structure is located and shall be a lien upon such property.
Sec. 7-6-22. Abatement of violation.
The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from
instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a
building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building,
structure or premises.
Sec. 7-6-23. Stop work order.
Where the code official finds any work regulated by this Code being performed in a manner contrary to the
provisions of this Code or in an unsafe manner, the code official is authorized to issue a stop work order.
(1) Issuance. The stop work order shall be in writing and shall be given to the owner of the property, to the
owner’s authorized agent, or to the person performing the work. Upon issuance of a stop work order, the
cited work shall immediately cease. The stop work order shall state the reason for the order and the
conditions under which the cited work is authorized to resume.
(2) Emergencies. Where an emergency exists, the code official shall not be required to give a written notice
prior to stopping the work.
(3) Failure to comply. Any person who shall continue any work after having been served with a stop work
order, except such work as that person is directed to perform to remove a violation or unsafe condition,
shall be subject to fines established by the city .
Section 7. Chapter 7-7 of Title 7 of the Rochester Code of Ordinances is hereby
repealed and replaced to read as follows:
CHAPTER 7-7. EXTERIOR
Sec. 7-7-1. General.
The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to
pose a threat to the public health, safety or welfare.
Sec. 7-7-2. Exterior premises.
Exterior property and premises shall be maintained in a clean, safe, and sanitary condition at all times.
Occupants shall ensure that the portion of exterior property they occupy, or control is kept free from hazards
and unsanitary conditions. This includes, but is not limited to, the prompt removal of dead trees, brush,
inoperable machinery, appliances, and any other items susceptible to deterioration when exposed to
outdoor climate conditions.
Occupants must also promptly remove debris such as tin cans, broken glass, furniture, mattresses, tires,
and other refuse from their premises. Additionally, lumber piles, building materials not actively used in
construction on the premises, and items not designed or intended to withstand outdoor climate conditions
are not permitted for outdoor storage.
Sec. 7-7-3. Defacement of property.
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No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or
building on any private or public property by placing thereon any marking, carving or graffiti.
It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and
repair.
Sec. 7-7-4. Protective treatment.
Exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim,
balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than
decay-resistant woods, shall be protected from the elements and decay by painting or other protective
covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. Siding
and masonry joints, as well as those between the building envelope and the perimeter of windows, doors
and skylights, shall be maintained weather resistant and watertight. Metal surfaces subject to rust or
corrosion shall be coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall be
stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior
surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
Sec. 7-7-5. Premises identification.
Buildings shall have approved address numbers placed in a position to be plainly legible and visible from
the street or road fronting the property. These numbers shall contrast with their background. Address
numbers shall be Arabic numerals or alphabet letters. Numbers shall be not less than 4 inches (102 mm)
in height with a minimum stroke width of 0.5 inch (12.7 mm).
Sec. 7-7-6. Structural members.
Structural members shall be maintained free from deterioration and shall be capable of safely supporting
the imposed dead and live loads.
Sec. 7-7-7. Foundation walls.
Foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in
such condition so as to prevent the entry of rodents and other pests.
Sec. 7-7-8. Exterior walls.
Exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof
and properly surface coated where required to prevent deterioration.
(1) Peeling, flaking and chipped paint conditions which extend more than 25 percent of the surface
area of any plane or wall, or other area shall be eliminated, and surfaces repainted.
(2) Siding, and masonry joints, as well as those between the building envelope and the perimeter of
windows, doors, and skylights, shall be maintained weather resistant and watertight.
(3) Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and
surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion.
Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by
oxidation are exempt from this requirement.
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Sec. 7-7-9. Roofs and drainage.
The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be
adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains,
gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not
be discharged in a manner that creates a public nuisance.
Sec. 7-7-10. Decorative features.
Cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be
maintained in good repair with proper anchorage and in a safe condition.
Sec. 7-7-11. Overhang extensions.
Overhang extensions including, but not limited to, canopies, marquees, signs, metal awnings, fire escapes,
standpipes and exhaust ducts shall be maintained in good repair and be properly anchored to be kept in a
sound condition. Where required, all exposed surfaces of metal or wood shall be protected from the
elements and against decay or rust by periodic application of weather-coating materials, such as paint or
similar surface treatment.
Sec. 7-7-12. Stairways, decks, porches and balconies.
Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be
maintained structurally sound, in good repair, with proper anchorage and capable of supporting the
imposed loads.
Sec. 7-7-13. Sidewalks and driveways.
Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be level with a smooth
transition between surfaces, in a proper state of repair, and maintained free from potholes, settlements,
gaps, trip hazards greater than one inch, or other hazardous conditions.
Sec. 7-7-14. Chimneys and towers.
Chimneys, cooling towers, smokestacks, and similar appurtenances shall be maintained structurally safe
and sound, and in good repair. Exposed surfaces of metal or wood shall be protected from the elements
and against decay or rust by periodic application of weather-coating materials, such as paint or similar
surface treatment.
Sec. 7-7-15. Handrails and guards.
Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and
shall be maintained in good condition.
(1) Every exterior flight of stairs having four or more risers shall have a handrail on at least one side of
the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking
surface that is more than 30 inches (762 mm) above the floor or grade below shall have guards.
Existing handrails shall be not less than 30 inches in height or more than 42 inches in height
measured vertically above the nosing of the tread or above the finished floor of the landing or
walking surfaces.
(2) Guards shall be provided along open-sided walking surfaces, including balconies, porches, decks,
stairs, ramps and landings that are more than 30 inches above the floor or grade below. Existing guards
32
shall not be less than 30 inches in height above the floor of the landing, balcony, porch, deck, or ramp
or other walking surface.
(3) Every rail and balustrade shall be fastened and maintained in a workmanlike condition.
(4) The treads of every flight of stairs shall be uniform in height and be strong enough to bear the load
required by the Building Code. Every stair tread shall be sound and securely fastened in position.
(5) All outside stairways, fire escapes and exit ways shall be maintained unobstructed, and free of ice
and snow.
Sect 7-7-16. Window, skylight and door frames.
Every window, skylight, door and frame shall be kept in sound condition, good repair and weathertight.
Sec. 7-7-17. Windows.
Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking
surface below, that provide access to a dwelling unit, rooming unit, or housekeeping unit that is rented,
leased or let shall be equipped with a window sash locking device that is installed to manufacturers
specifications. If the original window is equipped with a locking mechanism, it must remain intact. All other
windows for dwelling units, rooming units or housekeeping units shall maintain the windows manufactured
locking mechanism to provide security for the occupants.
Sec. 7-7-18. Glazing.
Glazing materials shall be maintained free from cracks and holes.
Sec. 7-7-19. Openable windows.
Every window, other than a fixed window, shall be easily openable and capable of being held in position
by window hardware.
Sec. 7-7-20. Insect screens.
During the period from June 1 to October 15th, every door, window and other outside opening required
for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products
to be included or utilized in food for human consumption are processed, manufactured, packaged or stored
shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm),
and every screen door used for insect control shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect
repellent fans, are employed.
Sec. 7-7-21. Guards and screens for basement windows.
Every basement window that is openable shall be supplied with rodent shields, storm windows or other
approved protection against the entry of rodents.
Every basement or grade-level window used or intended to be used for ventilation, and every other
opening to a basement or grade-level that might provide an entry for rodents, must be supplied with a
screen or such other device as will effectively prevent their entrance all year long.
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Sec. 7-7-22. Basement hatchways.
Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage
water.
Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is
rented, leased or let shall be equipped with devices that secure the units from unauthorized entry.
Sec. 7-7-23. Building security.
Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with
devices designed to provide security for the occupants and property within.
Sec. 7-7-24. Doors.
All building exit doors must be operable from the inside without the use of a key, or special knowledge or
effort. Exit doors must not be locked, chained, bolted, barred, latched or otherwise rendered unusable. All
locking devices must be of an approved type.
Doors providing access to an individual dwelling unit, rooming unit or housekeeping unit that is rented,
leased or let where equipped with a deadbolt lock, the deadbolt shall be designed to be readily openable
from the side from which egress is to be made without the need for keys, special knowledge or effort and
shall have a minimum lock throw of 1 inch (25 mm). Such deadbolt locks shall be installed according to the
manufacturer’s specifications and maintained in good working order. For the purpose of this section, a
sliding bolt shall not be considered an acceptable deadbolt lock.
Locks at all entrances to dwelling units and sleeping units shall tightly secure the door.
Locks on means of egress doors shall be in accordance with section 7-13-4.
Notwithstanding anything in sections 7-8-3 through 7-8-7, exit doors from individual dwelling units having
an occupant load of ten or less may be provided with a night latch, dead bolt or security chain, provided
such devices are operable from the inside without the use of a key or tool, and mounted at a height not to
exceed 48 inches above the finished floor.
Sec. 7-7-25. Gates.
Exterior gates, gate assemblies, operator systems if provided, and hardware shall be maintained in good
condition. Latches at all entrances shall tightly secure the gates.
Sec. 7-7-26. Accessory structures.
Accessory structures, including detached garages, fences, retaining walls, and walls, shall be maintained
structurally sound and in good repair.
Sec. 7-7-27. Accumulation of rubbish or garbage.
Exterior property and premises shall be free from any accumulation of rubbish or garbage.
Sec. 7-7-28. Disposal of rubbish.
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Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such
rubbish in approved containers.
Sec. 7-7-29. Rubbish storage facilities.
The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner
of the premises shall ensure rubbish service is provided and shall be responsible for the removal of rubbish.
While being accumulated and stored for collection and transportation to a permitted disposal facility, solid
waste must be stored in reusable, covered containers (e.g., cans, dumpsters, compactors, roll off containers)
that are rust, impact, vermin and leak resistant. Solid waste may be stored no longer than one week.
Occupants utilizing the services of a commercial hauler may place acceptable containers of solid waste,
recyclable materials or yard waste at the curb or collection site no sooner than the evening prior to scheduled
collection and must remove the empty containers the same day as collection.
Sec. 7-7-30. Refrigerators.
Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on
premises without first removing the doors.
Sec. 7-7-31. Disposal of garbage.
Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such
garbage in an approved garbage disposal facility or approved garbage containers.
Sec. 7-7-32. Garbage facilities.
The owner shall supply such facilities or containers for all apartments in a dwelling containing more than
three apartments and for all apartments located on premises where three or more apartments share the
same premises. In all other cases, it shall be the responsibility of the occupant to furnish such facilities or
containers unless the owner furnishes such facilities or containers or has agreed to furnish them. The
responsible party of every dwelling shall supply an approved leak-proof, covered, outside garbage container
intended for rubbish removal.
Sec. 7-7-33. Containers.
The operator of every establishment producing garbage shall provide, and at all times cause to be utilized,
approved leak, rust, impact, and vermin resistant containers intended for rubbish removal and provided with
close-fitting covers for the storage of such materials until removed from the premises for disposal. Occupants
utilizing the services of a commercial hauler may place acceptable containers of solid waste, recyclable
materials or yard waste at the curb or collection site no sooner than the evening prior to scheduled collection
and must remove the empty containers the same day as collection. All solid waste containers shall be kept
as near to the rear of the premises as practicable, at the alley if one exists, and shall be located to be easily
accessible to the collector. Such containers must be kept on an nonporous surface.
Sec. 7-7-34. Rodent harborage.
Structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are
found, they shall be promptly exterminated by approved processes that will not be injurious to human health.
After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent re-
infestation.
Sec. 7-7-35. Motor vehicles.
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Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept
or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair,
or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside
an approved spray booth. After formal and proper notice to the property owner and vehicle owner, and the
vehicle still remains unlicensed or inoperable, the vehicle will be towed at the property owner’s expense
due to it being a public nuisance.
Exception: A vehicle of any type is permitted to undergo major overhaul, including bodywork, provided that
such work is performed inside a structure or similarly enclosed area designed and approved for such
purposes.
Section 8. Chapter 7-8 of Title 7 of the Rochester Code of Ordinances is hereby
repealed and replaced to read as follows:
CHAPTER 7-8. INTERIOR
Sec. 7-8-1. General.
The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and
in a sanitary condition. Occupants shall keep that part of the structure that they occupy or control, in a clean
and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, two or
more dwelling units, or two or more non-residential occupancies, shall maintain, in a clean and sanitary
condition, the shared or public areas of the structure and exterior property.
Sec. 7-8-2. Item overcrowding.
Overcrowding occurs when a room or portion of a dwelling is used for long-term storage of items, goods,
or any material so as to prevent upkeep, maintenance, or regular housekeeping. A room may be considered
overcrowded when storage covers an excessive amount of the floor area of a room, constitutes a potential
excessive fire load, prevents access to windows or doors, prevents access to or obstructs mechanical
systems or air movement, effectively eliminates use and access to required electrical devices, impedes
access and movement of emergency personnel, blocks hallways, limits the operation of doors or provides
pest harborage.
Sec. 7-8-3. Interior walls, floors, doors, and ceilings.
Interior surfaces, including windows, floors, walls, and doors, shall be maintained in good, clean and
sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered.
Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.
Every common hall and stairway in every apartment house containing five or more apartments must be
lighted at all times to provide illumination of at least two footcandles on every part of such areas. In other
than residential occupancies, all interior and exterior means of egress, including stairways, shall be
illuminated at all times when the area served by such means of egress is occupied at floors, landings and
stairways. Instead of full-time lighting, a public hall and stairway in structures devoted solely to dwelling
occupancy, containing not more than four apartments may be supplied with conveniently located light
switches controlling an adequate lighting system that may be turned on when needed.
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Sec. 7-8-4. Handrails, headroom and guards.
Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and
shall be maintained in good condition.
Every interior flight of stairs having four or more risers shall have a handrail on at least one side of the stair
and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface that is more
than 30 inches (762 mm) above the floor or grade below shall have guards. Existing handrails shall be not
less than 30 34 inches in height or more than 42 inches in height measured vertically above the nosing of
the tread or above the finished floor of the landing or walking surfaces.
Guards shall be provided along open-sided walking surfaces, including balconies, porches, decks, stairs,
ramps and landings that are more than 30 inches above the floor or grade below. Existing guards shall not
be less than 30 inches in height above the floor of the landing, balcony, porch, deck, or ramp or other
walking surface.
Every rail and balustrade shall be fastened and maintained in a workmanlike condition.
The treads of every flight of stairs shall be uniform in rise and run height and be strong enough to bear the
load required by the Building Code. Every stair tread shall be sound and securely fastened in position.
The minimum existing stair headroom for a rental dwelling is six feet four inches serving all levels containing
habitable/occupied space.
Sec. 7-8-5. Flooring.
Flooring and flooring components with defects that affect serviceability or flooring components that show
signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads
and resisting all load effects shall be corrected.
In dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to
permit such floor to be easily kept in a clean and sanitary condition.
Sec. 7-8-6. Doors.
Every interior door shall fit within its frame and shall be capable of being opened and closed by being
properly and securely attached to jambs, headers, or tracks as intended by the manufacturer of the
attachment hardware.
Sec. 7-8-7. Building security.
All building exit doors must be operable from the inside without the use of a key, or special knowledge or
effort. Exit doors must not be locked, chained, bolted, barred, latched or otherwise rendered unusable. All
locking devices must be of an approved type.
(1) Notwithstanding anything in Sections 7-13-1 through 7-13-8 to the contrary, exit doors from individual
dwelling units having an occupant load of ten or less may be provided with a night latch, dead bolt or
security chain, provided such devices are operable from the inside without the use of a key or tool,
and mounted at a height not to exceed 48 inches above the finished floor.
Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with
devices designed to provide security for the occupants and property within.
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Sect. 7-8-8. Locked doors.
Any locking mechanism cannot be higher than 48 inches from the finished floor. Means of egress doors
shall be readily openable from the side from which egress is to be made without the need for keys, special
knowledge, or effort, except where the door hardware conforms to that permitted by the International
Building Code.
Sec. 7-8-9. Accumulation of rubbish or garbage.
The interior of every structure shall be free from any accumulation of rubbish or garbage.
Sec. 7-8-10. Infestation.
Structures shall be kept free from insect and rodent infestation. Structures in which insects or rodents are
found shall be promptly exterminated by approved processes that will not be injurious to human health.
After pest elimination, proper precautions shall be taken to prevent re-infestation. A professional
exterminator may be required dependent on the infestation.
Sec. 7-8-11. Infestation prior to tenant occupancy.
The owner of any structure shall be responsible for pest elimination within the structure prior to renting or
leasing the structure.
Sec. 7-8-12. Single occupancy infestation.
The occupant of a one-household dwelling or of a single-tenant non-residential structure shall be
responsible for pest elimination on the premises.
Sec. 7-8-13. Multiple occupancy infestation.
The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or
a non-residential structure shall be responsible for pest elimination in the public or shared areas of the
structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation
in the area occupied, the occupant and owner shall be responsible for pest elimination.
Sec. 7-8-14. Occupant responsibilities.
The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the
structure.
Exception:
Where the infestations are caused by defects in the structure, the owner shall be responsible for pest
elimination.
Sec. 7-8-15. Accessibility.
A facility that is required to be accessible shall be maintained accessible during occupancy. The accessible
features of a facility shall be maintained in good repair, in a clean, structurally sound and sanitary condition,
and free from impediments to accessibility.
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Section 9. Chapter 7-9 of Title 7 of the Rochester Code of Ordinances is hereby
repealed and replaced to read as follows:
CHAPTER 7-9. OCCUPANCY
Sec. 7-9-1. Room area.
Every single dwelling or apartment must contain at least 150 square feet of net floor area for the first
occupant and at least 100 additional square feet of floor area for every additional occupant. Floor space
must be calculated based on total habitable room area.
Sec. 7-9-2. Minimum room dimensions.
A habitable room, other than a kitchen, shall have a floor area of not less than 70 square feet and not be
less than 7 feet in any plan direction.
Sec. 7-9-3. Sleeping area.
In every apartment of two or more rooms, every room occupied for sleeping purposes by one occupant
must contain at least 70 square feet of floor area. Every room occupied for sleeping purposes by more than
one occupant must contain an additional 50 square feet of floor area for each occupant.
Sec. 7-9-4. Prohibited occupancy.
Kitchens and non-habitable spaces shall not be used for sleeping purposes.
Sec. 7-9-5. Other requirements.
Bedrooms shall comply with the applicable provisions of this Code including, but not limited to, the light,
ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing and water-
heating facilities requirements of Chapter 7-11; the heating facilities and electrical receptacle requirements
of Chapter 7-12; and the smoke detector and emergency escape requirements of Chapter 7-13.
Sec. 7-9-6. Access from bedrooms.
Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall
not serve as the only means of egress from other habitable spaces.
Exception: Units that contain fewer than two bedrooms.
Sec. 7-9-7. Water closet accessibility.
Every bedroom shall have access to not less than one water closet and one lavatory without passing
through another bedroom. Every bedroom in a dwelling unit shall have access to not less than one water
closet and lavatory located in the same story as the bedroom or an adjacent story.
Sec. 7-9-8. Privacy.
Dwelling units, housekeeping units, and rooming units shall be arranged to provide privacy and be separate
from other adjoining spaces.
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Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or
other space, or to the exterior. A door and interior locking device shall be provided for all common or shared
bathrooms and toilet rooms in a multiple dwelling.
Sec. 7-9-9. Location.
Toilet rooms and bathrooms serving rooming units or dormitory units or housekeeping units, shall be
accessible without traversing more than one flight of stairs and shall be accessed from a common hall or
passageway.
Sec. 7-9-10. Minimum ceiling heights.
Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement
areas shall have a minimum clear ceiling height of 7 feet (2134 mm).
Exceptions:
1. In one- and two-household dwellings, beams or girders spaced not less than 4 feet (1219 mm) on
center and projecting a maximum of 6 inches (152 mm) below the required ceiling height.
2. Basement rooms in one- and two-household dwellings occupied exclusively for laundry, study, or
recreation purposes, having a minimum ceiling height of 6 feet 4 inches (1932 mm) with a minimum
clear height of 6 feet 4 inches (1932 mm) under beams, girders, ducts and similar obstructions.
3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling
over all or part of the room, with a minimum clear ceiling height of 7 feet (2134 mm) over not less
than one-half of the required minimum floor area. In calculating the floor area of such rooms, only
those portions of the floor area with a minimum clear ceiling height of 5 feet (1524 mm) shall be
included.
Sec. 7-9-11. Rooming unit.
Permitted if it satisfies all the following:
1. The rooming unit must have a habitable room of not less than 120 square feet of superficial floor
area. An additional 50 square feet of superficial floor area must be provided for each occupant,
more than two.
2. The rooming unit shall not contain a kitchen or kitchenette. A refrigerator and/or microwave oven
may be used within the unit. Heat producing food preparation appliances, including, but not limited
to, stoves, hot plates, electric fry pans, crockpots, and toaster ovens, shall not be used or stored
within the unit.
3. The rooming unit must be provided with a separate bathroom meeting the requirements of this
chapter or shared facilities in accordance with the fixture requirements of the Building Code in effect
at the time of issuance of the initial registration certificate. One water closet, lavatory, bathtub or
shower shall be supplied for a maximum of four rooming units.
Sec. 7-9-12. Efficiency unit.
Nothing in this section shall prohibit an efficient living unit from meeting the following requirements:
1. A unit occupied by not more than one occupant shall have a minimum clear floor area of 190
square feet (11.2 m2). A unit occupied by not more than two occupants shall have a minimum
clear floor area of 220 square feet (20.4 m2). A unit occupied by three occupants shall have a
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minimum clear floor area of 320 square feet (29.7 m2). These required areas shall be exclusive of
the areas required by Items 2 and 3.
2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each
having a minimum clear working space of 30 inches (762 mm) in front. Light and ventilation
conforming to this Code shall be provided.
3. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub
or shower.
Sec. 7-9-13. Food preparation.
All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to
store, prepare and serve food in a sanitary manner. There shall be adequate facilities and services for the
sanitary disposal of food waste and refuse, including facilities for temporary storage.
Section 10. Chapter 7-10 of Title 7 of the Rochester Code of Ordinances is hereby
repealed and replaced to read as follows:
CHAPTER 7-10. LIGHT AND VENTILATION
Sec. 7-10-1. Scope.
The provisions of this chapter shall govern the minimum conditions and standards for light and ventilation.
Sec. 7-10-2. Responsibility.
The owner of the structure shall provide and maintain light and ventilation conditions in compliance with
these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy,
any premises that do not comply with the requirements of this chapter.
Sec. 7-10-3. Alternative devices.
In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation
complying with the International Building Code shall be permitted.
Sec. 7-10-4. Habitable spaces.
Every habitable space shall have not less than one window of approved size facing directly to the outdoors
or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area
of such room. Wherever walls or other portions of a structure face a window of any room and such
obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the
ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and
shall not be included as contributing to the required minimum total window area for the room.
Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an
adjoining room, the unobstructed opening to the adjoining room shall be not less than 8 percent of the floor
area of the interior room or space, but a minimum of 25 square feet (2.33 m). The exterior glazing area
shall be based on the total floor area being served.
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Every habitable space shall have not less than one openable window. The total openable area of the
window in every room shall be equal to not less than 45 percent of the minimum glazed area required in
Section 7-10-4.
Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining
room, the unobstructed opening to the adjoining room shall be not less than 8 percent of the floor area of
the interior room or space, but not less than 25 square feet (2.33 m2). The ventilation openings to the
outdoors shall be based on a total floor area being ventilated.
Sec. 7-10-5. Common halls and stairways.
Every public hall and stairway in every apartment house containing five or more apartments must be always
lit to provide illumination of at least two footcandles on every part of such areas. Instead of full-time lighting,
a public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than
four apartments may be supplied with conveniently located light switches controlling an adequate lighting
system that may be turned on when needed.
Sec. 7-10-6. Other spaces.
All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of
sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and
fixtures.
Sec. 7-10-7. Bathrooms and toilet rooms.
Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as
required by Section 7-8-4. Air exhausted by a mechanical ventilation system from a bathroom or toilet room
shall discharge to the outdoors and shall not be recirculated within a structure.
Sec. 7-10-8. Process ventilation.
Where injurious, toxic, irritating or noxious fumes, gases, dust or mists are generated, a local exhaust
ventilation system shall be provided to remove the contaminating agent at the source. Air shall be
exhausted to the exterior and not be recirculated to any space within a structure.
Sec. 7-10-9. Clothes dryer exhaust.
Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted outside
the structure in accordance with the manufacturer's instructions. Vinyl ducting is prohibited.
Exception: Listed and labeled condensing (ductless) clothes dryers.
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Section 11. Chapter 7-11 of Title 7 of the Rochester Code of Ordinances is hereby
created to read as follows:
CHAPTER 7-11. PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
Sect 7-11-1. Scope.
The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures
to be provided.
Sec. 7-11-2. General.
Plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from
obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures
are designed. Plumbing fixtures shall be maintained in a safe, sanitary, and functional condition.
Sec. 7-11-3. Responsibility.
The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in
compliance with these requirements. A person shall not occupy as owner occupant or permit another
person to occupy any structure or premises that does not comply with the requirements of this chapter.
Sec. 7-11-4. Dwelling units.
Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink that shall
be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the
water closet or located in close proximity to the door leading directly into the room in which such water
closet is located. A kitchen sink shall not be used as a substitute for the required lavatory.
Sec. 7-11-5. Rooming houses.
At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units.
Sec. 7-11-6. Public toilet facilities.
Public toilet facilities shall be maintained in a safe, sanitary, and working condition in accordance with the
International Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be
provided to the toilet facilities at all times during management business hours.
Sec. 7-11-7. Toilet rooms.
1. Privacy: Toilet rooms and bathrooms shall provide privacy and shall not constitute the only
passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided
for all common or shared bathrooms and toilet rooms.
2. Location: Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or
housekeeping units, shall have access by traversing not more than one flight of stairs and shall have
access from a common hall or passageway.
3. Floor surface: In other than dwelling units, every toilet room floor shall be maintained to be a smooth,
hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition.
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Sec. 7-11-8. Water system.
Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be
properly connected to either a public water system or to an approved private water system. Kitchen sinks,
lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running
water in accordance with the International Plumbing Code.
Sec. 7-11-9. Contamination.
The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures
shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets, bidets,
shower heads using vacuum breakers, and other hose bibs or faucets to which hoses are attached and left
in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently
attached hose connection vacuum breaker.
Sec. 7-11-10. Supply.
The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures,
devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function
properly, safely, and free from defects and leaks.
Sec. 7-11-11. Water heating facilities.
Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount
of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a minimum
temperature of 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room,
bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An
approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be
properly installed and maintained on water heaters.
Sect. 7-11-12. Non-potable water reuse systems.
Non-potable water reuse systems and rainwater collection and conveyance systems shall be maintained in
a safe and sanitary condition. Where such systems are not properly maintained, the systems shall be
repaired to provide for safe and sanitary conditions, or the system shall be abandoned in accordance with
Section 7-11-13.
Sec. 7-11-13. Abandonment of systems.
Where a nonpotable water reuse system or a rainwater collection and distribution system is not maintained
or the owner ceases use of the system, the system shall be abandoned in accordance with Section 1301.10
of the International Plumbing Code.
Sec. 7-11-14. Fixture clearances.
Plumbing fixtures shall have adequate clearances for usage and cleaning.
Sec. 7-11-15. General connection.
Plumbing fixtures shall be properly connected to either a public sewer system or to an approved private
sewage disposal system.
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Sec. 7-11-16. Maintenance.
Every plumbing stack, vent, waste, and sewer line shall function properly and be kept free from obstructions,
leaks and defects.
Sec. 7-11-17. Storm drainage.
Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be
discharged in a manner that creates a public nuisance.
Sec. 7-11-18. Plumbing system hazards.
Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure
by reason of inadequate service, inadequate venting, cross connection, back siphonage, improper
installation, deterioration, or damage or for similar reasons, the code official shall require the defects to be
corrected to eliminate the hazard.
Sec. 7-11-19. General supply.
Every sink, lavatory, bathtub, or shower, drinking fountain, water closet or other plumbing fixture shall be
properly connected to either a public water system or to an approved private water system. Kitchen sinks,
lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running
water in accordance with the Minnesota Plumbing Code.
Section 12. Chapter 7-12 of Title 7 of the Rochester Code of Ordinances is hereby
created to read as follows:
CHAPTER 7-12. MECHANICAL AND ELECTRICAL REQUIREMENTS
Sec. 7-12-1. Scope.
The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment
to be provided.
Sec. 7-12-2. Responsibility.
The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in
compliance with these requirements. A person shall not occupy as owner-occupant or permit another
person to occupy any premises that do not comply with the requirements of this chapter.
Sec. 7-12-3. General.
Duct systems shall be maintained free of obstructions and shall be capable of performing the required
function.
Sec. 7-12-4. Mechanical Facilities Required.
Heating facilities shall be provided in structures as required by this section.
Sec. 7-12-5. Residential occupancies.
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Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C)
in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the
locality indicated in Appendix D of the International Plumbing Code. Cooking appliances, any portable
unvented fuel-burning space heaters, and electric space heaters shall not be used as a source of
permanent heating.
Sec. 7-12-6. Heat supply.
Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping
units on terms, either expressed or implied, is to furnish heat to the occupants and shall supply heat during
October 1 through April 30 where the outside air temperature falls below 50 degrees Fahrenheit to maintain
a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms.
Sec. 7-12-7. Room temperature measurement.
The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the
room and 2 feet (610 mm) inward from the center of each exterior wall.
Sec. 7-12-8. Exhaust vents.
Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke,
odors or other gaseous or particulate wastes directly within a dwelling unit or upon abutting or adjacent
public or private property or that of another tenant.
Sec. 7-12-9. Clothes dryer exhaust duct system maintenance.
The lint trap, mechanical and heating components, and the exhaust duct system of a clothes dryer shall
undergo periodic removal of accumulations of lint in accordance with the manufacturer’s operating
instructions to prevent obstruction of exhaust air and products of combustion.
Sec. 7-12-10. Mechanical appliances.
Mechanical equipment, appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water
heating appliances shall be properly installed and maintained in a safe working condition and shall be
capable of performing the intended function.
Sec. 7-12-11. Removal of combustion products.
Fuel-burning equipment and appliances shall be connected to an approved chimney or vent. Fuel
containers and fueled equipment including, but not limited to, motorcycles, mopeds, lawn-care equipment,
portable generators, and portable cooking equipment, shall not be stored, operated, or repaired within a
building.
Exception: Fuel-burning equipment and appliances that are labeled for unvented operation.
Sec. 7-12-12. Clearances.
Required three feet clearances to combustible materials shall be maintained.
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Sec. 7-12-13. Safety controls.
Safety controls for fuel-burning equipment shall be maintained in effective operation.
Sec. 7-12-14. Combustion air.
A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-
burning equipment shall be provided for the fuel-burning equipment.
Sec. 7-12-15. Energy conservation devices.
Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply
line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such
purpose and the installation is specifically approved.
Sec. 7-12-16. Electrical facilities required.
Every occupied building shall be provided with an electrical system in compliance with the requirements of
this section and Sections 7-12-23 through 7-12-26.
Sec. 7-12-17. Electrical services.
The size and usage of appliances and equipment shall serve as a basis for determining the need for
additional facilities in accordance with NFPA 70. Dwelling units shall be served by a three-wire, 120/240-
volt, single-phase electrical service having a minimum rating of 60 amperes.
Sec. 7-12-18. Electrical system hazards.
Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the
structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets,
improper wiring or installation, deterioration, or damage, or for similar reasons, the code official shall require
the defects to be corrected to eliminate the hazard.
Sec. 7-12-19. Abatement of electrical hazards associated with water exposure.
The provisions of this section shall govern the repair and replacement of electrical systems and equipment
that have been exposed to water.
Sec. 7-12-20. Electrical equipment.
Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords,
receptacles, attachment plugs, flanged surface devices, panel boards, wiring devices, ground fault circuit
interrupters, arc-fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage and
medium-voltage fuses and fuse holders, luminaires, lamp holders and retrofit kits, listed low-voltage lighting
systems or a lighting system assembled from listed parts, fire pump controllers, ballasts, motors and
electronic control, signaling, equipment that provides branch-circuit ground-fault protection, low-voltage
power circuit breaker electronic trip units, and communication equipment that have been exposed to water
shall be replaced in accordance with the provisions of the International Building Code.
Exception:
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The following equipment shall be allowed to be repaired where an inspection report from the equipment
manufacturer or approved manufacturer's representative indicates that the equipment has not sustained
damage that requires replacement:
1. Enclosed switches rated a maximum of 600 volts or less.
2. Busway rated a maximum of 600 volts.
3. Switchboards, rated at a maximum of 600 volts.
4. Manual and magnetic motor controllers.
5. Motor control centers.
6. Alternating current high-voltage circuit breakers.
7. Protective relays, meters, and current trans- formers.
8. Low- and medium-voltage switchgear.
9. Liquid-filled transformers.
10. Cast-resin transformers.
11. Wire or cable that is suitable for wet locations and whose ends have not been exposed to water.
12. Wire or cable, not containing fillers, that is suitable for wet locations and whose ends.
a. Have not been exposed to water.
13. Motors.
14. Electronic control, signaling and communication equipment.
Sec. 7-12-21. Abatement of electrical hazards associated with fire exposure.
The provisions of this section shall govern the repair and replacement of electrical systems and equipment
that have been exposed to fire.
Sec. 7-12-22. Electrical equipment.
Electrical switches, receptacles and fixtures, including furnace, water heating, ground-fault circuit
interrupters, arc-fault circuit-interrupters, equipment that provides branch-circuit ground-fault protection,
low-voltage and medium-voltage fuses and fuse holders, molded-case circuit breakers, low-voltage power
circuit breaker electronic trip units, attachments plugs, cord connectors, and flanged surface devices,
panelboards, luminaires, lamp holders and retrofit kids, listed low-voltage lighting systems or a lighting
system assembled from listed parts, fire pump controllers, security system and power distribution circuits,
that have been exposed to fire, shall be replaced in accordance with the provisions of the International
Building Code.
Exception: Electrical switches and fixtures that shall be allowed to be repaired where an inspection report
from the equipment manufacturer or approved manufacturer's representative indicates that the equipment
has not sustained damage that requires replacement.
Sec. 7-12-23. Installation.
Electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and
approved manner. An electrical permit and inspection must be completed to ensure approval of installation.
Sec. 7-12-24. Receptacles.
All electrical equipment, wiring and appliances must be properly installed and maintained in a safe and
approved manner. Two receptacles in kitchens serving countertop space(s) must be supplied. Per the
National Electrical Code, the proper number and type of circuits prescribed by the prevailing Code at the
time of construction will be required in kitchens. Every public hall, interior stairway, toilet room, kitchen,
bathroom, laundry room, boiler and furnace room must contain at least one electric lighting fixture.
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Sec. 7-12-25. Light fixtures.
Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace
room shall contain not less than one electric luminaire.
Sec. 7-12-26. Wiring.
Flexible cords shall not be used for permanent wiring, or for running through doors, windows, or cabinets,
or concealed within walls, floors, or ceilings.
Section 13. Chapter 7-13 of Title 7 of the Rochester Code of Ordinances is hereby
created to read as follows:
CHAPTER 7-13. FIRE SAFETY REQUIREMENTS
Sec. 7-13-1. General.
This chapter establishes fire safety requirements for existing structures by providing requirements for
means of egress, including path of travel, required egress width, means of egress doors and emergency
escape openings, and for the maintenance of fire-resistance-rated assemblies, fire protection systems, and
carbon monoxide alarm and detection systems. The chapter references other resources such as the
Minnesota State Fire Code currently adopted by the City of Rochester, MN, National Fire Protection Agency
(NFPA) and the International Fire Code.
Sec. 7-13-2. Scope.
The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to
structures and exterior premises, including fire safety facilities and equipment to be provided.
Sec. 7-13-3. Responsibility.
The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance
with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy
any premises that do not comply with the requirements of this chapter.
Sec. 7-13-4. Means of egress.
A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure
to the public way. Means of egress shall comply with the Code under which the building was constructed.
1. Aisles. The required width of aisles in accordance with the Code under which the building was
constructed shall be unobstructed.
2. Locked doors. Means of egress doors shall be readily openable from the side from which egress is to be
made without the need for keys, special knowledge or effort, except where the door hardware conforms
to that permitted by the International Building Code.
3. Emergency escape and rescue openings. Required emergency escape and rescue openings shall be
maintained in accordance with the Code in effect at the time of construction, and both of the following:
A. Required emergency escape and rescue openings shall be operational from the inside of the room
without the use of keys or tools.
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B. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue
openings provided that the minimum net clear opening size complies with the Code that was in
effect at the time of construction and the unit is equipped with smoke alarms installed in accordance
with Section 907.2.11 of the International Building Code. Such devices shall be releasable or
removable from the inside without the use of a key, tool or force greater than that which is required
for normal operation of the escape and rescue opening.
4.Window sill height will be in accordance with the Code in effect at the time of construction.
The minimum egress window requirement will not be enforced if the dwelling was built before the 1964
UBC was in effect.
The minimum egress window requirement shall apply on and after the effective date of the 1964 UBC in
existing sleeping rooms, not newly constructed sleeping rooms:
a. 1964 UBC – openable area of 5.0 square feet, height and width not less than 24 inches, and
maximum sill height of 48 inches.
b. 1967 UBC – openable area of 5.0 square feet, height and width not less than 22 inches, and
maximum sill height of 48 inches.
c. 1970 UBC – 1404 – openable area of 5.0 square feet, height and width not less than 22 inches,
and maximum sill height of 48 inches.
d. 1973 UBC – 1404 – openable area of 5.0 square feet, height and width not less than 22 inches,
and maximum sill height of 48 inches
e. 1976 UBC – 1404 – openable area of 5.7 square feet, minimum height of 24 inches, minimum width
of 20 inches, and maximum sill height of 48 inches
f. 1979 UBC – 1204 – openable area of 5.7 square feet, minimum height of 24 inches, minimum width
of 20 inches, and maximum sill height of 48 inches
g. 1982 UBC – 1204 – openable area of 5.7 square feet, minimum height of 24 inches, minimum width
of 20 inches, and maximum sill height of 48 inches
h. 1985 UBC – 1204 – openable area of 5.7 square feet, minimum height of 24 inches, minimum width
of 20 inches, and maximum sill height of 48 inches
i. 1988 UBC – 1204 – openable area of 5.7 square feet, minimum height of 24 inches, minimum width
of 20 inches, and maximum sill height of 44 inches
j. 1994 UBC – 310.4 – openable area of 5.7 square feet, minimum height of 24 inches, minimum
width of 20 inches, and maximum sill height of 44 inches
k. 1997 UBC – 310.4 – openable area of 5.7 square feet, minimum height of 24 inches, minimum
width of 20 inches, and maximum sill height of 44 inches
l. 2000 IBC – 1009 – openable area of 5.7 square feet, minimum height of 24 inches, minimum width
of 20 inches, and maximum sill height of 44 inches
m. 2000 IRC – R310 – openable area of 5.7 square feet, minimum height of 24 inches, minimum width
of 20 inches, and maximum sill height of 44 inches
n. 2012 IBC – 1029 – openable area of 5.7 square feet, minimum height of 24 inches, minimum width
of 20 inches, and maximum sill height of 44 inches
o. 2012 IRC – R310 – openable area of 5.7 square feet (5.0 square feet for grade floor opening, and
4.5 square feet for licensed facilities), minimum height of 24 inches (20 inches for licensed
facilities), minimum width of 20 inches, and maximum sill height of 44 inches (48 inches for licensed
facilities)
Sec. 7-13-8. Fire resistance-rated assemblies.
The provisions of this chapter shall govern maintenance of the materials, systems and assemblies used for
structural fire resistance and fire-resistance-rated construction separation of adjacent spaces to safeguard
against the spread of fire and smoke within a building and the spread of fire to or from buildings.
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Sec. 7-13-9. Unsafe conditions.
Where any components are not maintained and do not function as intended or do not have the fire
resistance required by the Code under which the building was constructed or altered, such components or
portions thereof shall be deemed unsafe conditions in accordance with Minnesota State Fire Code currently
adopted by the City of Rochester, MN, Section 111.1.1 of the International Fire Code components or
portions thereof determined to be unsafe shall be repaired or replaced to conform to that Code under which
the building was constructed or altered. Where the condition of components are such that any building,
structure or portion thereof presents an imminent danger to the occupants of the building, structure or
portion thereof, the fire code official shall act in accordance with Minnesota State Fire Code currently
adopted by the City of Rochester, MN,or Section 111.2 of the International Fire Code.
Sec. 7-13-10. Maintenance.
The required fire-resistance rating of fire-resistance-rated construction, including walls, firestops, shaft
enclosures, partitions, smoke barriers, floors, fire-resistive coatings and sprayed fire-resistant materials
applied to structural members and joint systems, shall be maintained. Such elements shall be visually
inspected annually by the owner and repaired, restored or replaced where damaged, altered, breached or
penetrated. Records of inspections and repairs shall be maintained. Where concealed, such elements shall
not be required to be visually inspected by the owner unless the concealed space is accessible by the
removal or movement of a panel, access door, ceiling tile or entry to the space. Openings made therein for
the passage of pipes, electrical conduit, wires, ducts, air transfer and any other reason shall be protected
with approved methods capable of resisting the passage of smoke and fire. Openings through fire-
resistance-rated assemblies shall be protected by self- or automatic-closing doors of approved construction
meeting the fire protection requirements for the assembly.
Sec. 7-13-11. Fire blocking and draft stopping.
Required fire blocking and draft stopping in combustible concealed spaces shall be maintained to provide
continuity and integrity of the construction.
Sec. 7-13-12. Smoke barriers and smoke partitions.
Required smoke barriers and smoke partitions shall be maintained to prevent the passage of smoke.
Openings protected with approved smoke barrier doors or smoke dampers shall be maintained in
accordance with Minnesota State Fire Code currently adopted by the City of Rochester, MN.
Sec. 7-13-13. Fire walls, fire barriers, fire partitions.
Required firewalls, fire barriers and fire partitions shall be maintained to prevent the passage of fire.
Openings protected with approved doors or fire dampers shall be maintained in accordance with Minnesota
State Fire Code currently adopted by the City of Rochester, MN.
Sec. 7-13-14. Opening protectives.
Opening protectives shall be maintained in an operative condition in accordance with Minnesota State Fire
Code currently adopted by the City of Rochester, MN. The application of field-applied labels associated
with the maintenance of opening protectives shall follow the requirements of the approved third-party
certification organization accredited for listing the opening protective. Fire doors and smoke barrier doors
shall not be blocked or obstructed or otherwise made inoperable. Fusible links shall be replaced whenever
fused or damaged. Fire door assemblies shall not be modified.
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Sec. 7-13-15. Signs.
Where required by the code official, a sign shall be permanently displayed on or near each fire door in
letters not less than 1 inch (25 mm) high to read as follows:
1. For doors designed to be kept normally open: FIRE DOOR – DO NOT BLOCK.
2. For doors designed to be kept normally closed: FIRE DOOR – KEEP CLOSED.
Sec. 7-13-16. Hold-open devices and closers.
Hold-open devices and automatic and self- door closers shall be maintained. During the period that such a
device is out of service for repairs, the door it operates shall remain in the closed position.
Sec. 7-13-17. Door operation.
Swinging fire doors shall close from the full-open position and latch automatically. The door closer shall
exert enough force to close and latch the door from the 90-degree open position.
Sec. 7-13-18. Ceilings.
The hanging and displaying of salable goods and other decorative materials from acoustic ceiling systems
that are part of a fire-resistance-rated horizontal assembly shall be prohibited.
Sec. 7-13-19. Testing.
Horizontal and vertical sliding and rolling fire doors shall be inspected and tested annually to confirm
operation and full closure. Records of inspections and testing shall be maintained.
Sec. 7-13-20. Vertical shafts.
Interior vertical shafts, including stairways, elevator hoist ways and service and utility shafts, which connect
two or more stories of a building shall be enclosed or protected as required in Chapter 11 of the International
Fire Code. New floor openings in existing buildings shall comply with the International Building Code.
Sec. 7-13-21. Opening protective closures.
Where openings are required to be protected, opening protectives shall be maintained self- closing or
automatic closing by smoke detection. Existing fusible-link-type automatic door-closing devices shall be
replaced if the fusible link rating exceeds 135°F (57°C).
Sec. 7-13-22. Inspection, testing, and maintenance.
Fire detection, alarm and extinguishing systems, mechanical smoke exhaust systems, and smoke and heat
vents shall be maintained in accordance with the Minnesota State Fire Code currently adopted by the City
of Rochester, MN, in an operative condition at all times and shall be replaced or repaired when defective.
Sec. 7-13-23. Installation.
Fire protection and life safety systems shall be maintained in accordance with the original installation
standards for that system. Required systems shall be extended, altered or augmented as necessary to
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maintain and continue protection where the building is altered or enlarged. Alterations to fire protection
systems shall be done in accordance with applicable standards.
Sec. 7-13-24. Required fire protection systems.
Fire protection systems required by this code, Minnesota State Fire Code currently adopted by the City of
Rochester, MN, the International Fire Code, International Residential Code, or the International Building
Code shall be installed, repaired, operated, tested and maintained in accordance with this Code. A fire
protection and life safety system for which a design option, exception or reduction to the provisions of this
Code, the International Fire Code or the International Building Code has been granted shall be a required
system.
Sec. 7-13-25. Fire protection systems.
Fire protection systems shall be inspected, maintained and tested in accordance with the following
Minnesota State Fire Code currently adopted by the City of Rochester, MN, and International Fire Code
requirements.
1. Automatic sprinkler systems, see Section 901.6.
2. Automatic fire-extinguishing systems protecting commercial cooking systems, see Section 901.6.
3. Automatic water mist extinguishing systems, see Section 904.11.3.
4. Carbon dioxide extinguishing systems, see Section 904.8.
5. Carbon monoxide alarms and carbon monoxide detection systems, see Section 915.6.
6. Clean agent extinguishing systems, see Section 904.10.
7. Dry-chemical extinguishing systems, see Section 904.6.
8. Fire alarm and fire detection systems, see Section 907.8.
9. Fire department connections, see Sections 912.4 and 912.7.
10. Fire pumps, see Section 913.5.
11. Foam extinguishing systems, see Section 904.7.
12. Halon extinguishing systems, see Section 904.9.
13. Single- and multiple-station smoke alarms, see Section 907.10.
14. Smoke and heat vents and mechanical smoke removal systems, see Section 910.6.
15. Smoke control systems, see Section 909.20.
16. Wet-chemical extinguishing systems, see Section 904.5.
Sec. 7-13-26. Standards.
Fire protection systems shall be inspected, tested and maintained in accordance with the referenced
standards listed in Section 7-13-27 and as required in this section.
Sec. 7-13-27. Table – Fire Protection System Maintenance Standards
TABLE 704.2 of IPMC—FIRE PROTECTION SYSTEM MAINTENANCE STANDARDS
SYSTEM STANDARD
Portable fire extinguishers NFPA 10 – 2022 Edition
Carbon dioxide fire-extinguishing system NFPA 12 – 2022 Edition
Halon 1301 fire-extinguishing systems NFPA 12A – 2022 Edition
Dry-chemical extinguishing systems NFPA 17 – 2021 Edition
Wet-chemical extinguishing systems NFPA 17A – 2021 Edition
Water-based fire protection systems (inspection, testing, and maintenance) NFPA 25 – 2023 Edition
Fire alarm systems NFPA 72 – 2022 Edition
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Fire doors and dampers NFPA 80 – 2022 Edition
Smoke doors and dampers NFPA 105 – 2022 Edition
Smoke and heat vents NFPA 204 – 2021 Edition
Water-mist systems NFPA 750 – 2023 Edition
Clean-agent extinguishing systems NFPA 2001 – 2022 Edition
Sec. 7-13-28. Records.
Records shall be maintained of all system inspections, tests and maintenance in accordance with
Minnesota State Fire Code currently adopted by the City of Rochester, MN, and 109.3 of the International
Fire Code.
Sec. 7-13-29. Records information.
Initial records shall include the: name of the installation contractor; type of components installed;
manufacturer of the components; location and number of components installed per floor; and
manufacturers’ operation and maintenance instruction manuals. Such records shall be maintained for the
life of the installation.
Sec. 7-13-30. System out of service.
Where a required fire protection system is out of service, the fire department and the fire code official shall
be notified immediately and, where required by the fire code official, either the building shall be evacuated,
or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire
protection system has been returned to service. Where utilized, fire watches shall be provided with not less
than one approved means for notification of the fire department and shall not have duties beyond performing
constant patrols of the protected premises and keeping watch for fires. Actions shall be taken in accordance
with Minnesota State Fire Code currently adopted by the City of Rochester, MN, to bring the systems back
in service.
Sec. 7-13-31. Emergency impairments.
Where unplanned impairments of fire protection systems occur, appropriate emergency action shall be
taken to minimize potential injury and damage. The impairment coordinator shall implement the steps
outlined in Minnesota State Fire Code currently adopted by the City of Rochester, MN of the International
Fire Code.
Sec. 7-13-32. Removal or tampering with equipment.
It shall be unlawful for any person to remove, tamper with or otherwise disturb any fire hydrant, fire detection
and alarm system, fire suppression system or other fire appliance required by this Ccode except for the
purposes of extinguishing fire, training, recharging or making necessary repairs.
Sec. 7-13-33. Removal of or tampering with appurtenances.
Locks, gates, doors, barricades, chains, enclosures, signs, tags and seals that have been installed by or at
the direction of the fire code official shall not be removed, unlocked, destroyed or tampered with in any
manner.
Sec. 7-13-34. Removal of existing occupant-use hose lines.
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The fire code official is authorized to permit the removal of existing occupant-use hose lines where all of
the following apply:
1. The installation is not required by the International Fire Code or the International Building Code.
2. The hose line would not be utilized by trained personnel or the fire department.
3. The remaining outlets are compatible with local fire department fittings.
Sec. 7-13-35. Termination of monitoring system.
For fire alarm systems required to be monitored by the Minnesota State Fire Code currently adopted by the
City of Rochester, MN, notice shall be made to the fire code official whenever alarm monitoring services
are terminated. Notice shall be made in writing by the provider of the monitoring service being terminated.
Sec. 7-13-36. Fire department connection.
Where the fire department connection is not visible to approaching fire apparatus, the fire department
connection shall be indicated by an approved sign mounted on the street front or on the side of the building.
Such sign shall have the letters “FDC” not less than 6 inches (152 mm) high and words in letters not less
than 2 inches (51 mm) high or an arrow to indicate the location. Such signs shall be subject to the approval
of the fire code official.
Sec. 7-13-37. Fire department connection access.
Ready access to fire department connections shall be always maintained and without obstruction by fences,
bushes, trees, walls or any other fixed or movable object. Access to fire department connections shall be
approved by the fire chief.
Exception: Fences, where provided with an access gate equipped with a sign complying with the legend
requirements of Section 912.5 of the International Fire Code and a means of emergency operation. The
gate and the means of emergency operation shall be approved by the fire chief and maintained operational
at all times.
Sec. 7-13-38. Clear space around connections.
A working space of not less than 36 inches (914 mm) in width, 36 inches (914 mm) in depth and 78 inches
(1981 mm) in height shall be provided and maintained in front of and to the sides of wall-mounted fire
department connections and around the circumference of free-standing fire department connections.
Sec. 7-13-39. Single- and multiple-station smoke alarms.
Single- and multiple-station smoke alarms shall be installed in existing Group I-1 and R occupancies in
accordance with Sections 7-13-40 through 7-13-44.
Sec. 7-13-40. Where required.
1. In each sleeping room
2. Outside each separate sleeping area in the immediate vicinity of the bedrooms
3. On each additional story of the dwelling, including basements and not including crawl spaces and
uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door
between the adjacent levels, a smoke alarm installed on the upper level shall suffice for adjacent
lower level provided that the lower level is less than one full story below the upper level.
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4. Smoke alarms shall be installed not less than 3 feet (914 mm) horizontally from the door or opening
of a bathroom that contains a bathtub or shower unless this would prevent placement of a smoke
alarm required by IRC Section R314.3.
Existing Group I-1 and R occupancies shall be provided with single-station smoke alarms in
accordance with Sections 7-13-41 through 7-13-42. Interconnection and power sources shall be in
accordance with Sections 7-13-43 and 7-13-44. The smoke alarms will be installed per the code year
the premises was built.
Exceptions:
1. Where the Code that was in effect at the time of construction required smoke alarms and smoke
alarms complying with those requirements are already provided.
2. Where smoke alarms have been installed in occupancies and dwellings that were not required
to have them at the time of construction, additional smoke alarms shall not be required provided
that the existing smoke alarms comply with requirements that were in effect at the time of
installation.
3. Where smoke detectors connected to a fire alarm system have been installed as a substitute for
smoke alarms.
Sec. 7-13-41. Group R-1.
Single- or multiple-station smoke alarms shall be installed in all the following locations in Group R:
1. In sleeping areas.
2. In every room in the path of the means of egress from the sleeping area to the door leading from
the sleeping unit.
3. In each story within the sleeping unit, including basements. For sleeping units with split levels and
without an intervening door between the adjacent levels, a smoke alarm installed on the upper
level shall suffice for the adjacent lower level provided that the lower level is less than one full
story below the upper level.
Sec. 7-13-42. Installation nearing cooking appliances.
Smoke alarms shall be installed at a minimum of 10 feet (3.0 m) horizontally from a permanently installed
cooking appliance.
Smoke alarms shall not be installed in close proximity to cooking appliances noted in the following locations
unless this would prevent placement of a smoke alarm in a location required by section 7-13-41 or 7-13-
52.
Exceptions:
1. Ionization smoke alarms shall not be installed less than 20 feet (6096 mm) horizontally from a
permanently installed cooking appliance.
2. Ionization smoke alarms with an alarm-silencing switch shall not be installed less than 10 feet
(3048 mm) horizontally from a permanently installed cooking appliance.
3. Photoelectric smoke alarms shall not be installed less than 6 feet (1828 mm) horizontally from a
permanently installed cooking appliance.
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Sec. 7-13-43. Interconnection.
Where more than one smoke alarm is required to be installed within an individual dwelling or sleeping unit,
the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all
of the alarms in the individual unit. Physical interconnection of smoke alarms shall not be required where
listed wireless alarms are installed and all alarms sound upon activation of one alarm. The alarm shall be
clearly audible in all bedrooms over background noise levels with all intervening doors closed.
Exceptions:
1. Interconnection is not required in buildings that are not undergoing alterations, repairs or construction of
any kind.
2. Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not
result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic,
crawl space or basement available that could provide access for interconnection without the removal of
interior finishes.
Sec. 7-13-44. Power source.
Single-station smoke alarms shall receive their primary power from the building wiring provided that such
wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms with
integral strobes that are not equipped with battery backup shall be connected to an emergency electrical
system. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without
a disconnecting switch other than as required for over- current protection.
Exceptions:
1. Smoke alarms are permitted to be solely battery operated in existing buildings where construction
is not taking place.
2. Smoke alarms are permitted to be solely battery operated in buildings that are not served from a
commercial power source.
3. Smoke alarms are permitted to be solely battery operated in existing areas of buildings undergoing
alterations or repairs that do not result in the removal of interior walls or ceiling finishes exposing
the structure, unless there is an attic, crawl space or basement available that could pro- vide access
for building wiring without the removal of interior finishes.
Sec. 7-13-45. Smoke detection system.
Smoke detectors listed in accordance with UL 268 and provided as part of the building’s fire alarm system
shall be an acceptable alternative to single- and multiple-station smoke alarms and shall comply with the
following:
1. The fire alarm system shall comply with all applicable requirements in Section 907 of the
International Fire Code.
2. Activation of a smoke detector in a dwelling or sleeping unit shall initiate alarm notification in the
dwelling or sleeping unit in accordance with Section 907.5.2 of the International Fire Code.
3. Activation of a smoke detector in a dwelling or sleeping unit shall not activate alarm notification
appliances outside of the dwelling or sleeping unit, provided that a supervisory signal is generated
and monitored in accordance with Section 907.6.6 of the International Fire Code.
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Sec. 7-13-46. Single and multiple station smoke alarms.
Single- and multiple-station smoke alarms shall be tested and maintained in accordance with the
manufacturer’s instructions and this Code.
Sec. 7-13-47. Replacement.
Smoke alarms shall be replaced where any of the following apply:
1. The smoke alarm fails to respond to operability tests.
2. Where the smoke alarm exceeds 10 years from the date of manufacture marked on the unit,
unless an earlier replacement is specified in the manufacturer’s instructions.
3. The smoke alarm end-of-life signal is sounded.
4. The smoke alarm date of manufacturer cannot be determined.
Sec. 7-13-48. General.
Carbon monoxide alarms shall be installed in dwellings in accordance with Minnesota State Fire Code
currently adopted by the City of Rochester, MN.
Sec. 7-13-49. Dwelling units.
Carbon monoxide detection shall be installed in dwelling units outside of each separate area within ten (10)
feet of the bedrooms. Where a fuel-burning appliance is in a bedroom or its attached bathroom, carbon
monoxide detection shall be installed within the bedroom.
Sec. 7-13-50. Sleeping units.
Carbon monoxide detection shall be installed in sleeping units.
Exception:
Carbon monoxide detection shall be allowed to be installed outside of each separate sleeping area within
10 feet of the sleeping unit if its attached sleeping unit does not contain a fuel- burning appliance and is not
served by a fuel-burning, forced air furnace.
Sec. 7-13-51. Carbon monoxide alarms and detectors.
Carbon monoxide alarms and carbon monoxide detection systems shall be maintained in accordance with
NFPA 720. Carbon monoxide alarms and carbon monoxide detectors that become inoperable or begin
producing end-of-life signals shall be replaced.
Sec. 7-13-52. Groups R-2, R-3, R-4 and I-1.
Single- or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and I-1
regardless of occupant load at all of the following locations:
1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bed-
rooms.
2. In each room used for sleeping purposes.
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3. In each story within a dwelling unit, including basements but not including crawl spaces and
uninhabitable attics. In dwellings or dwelling units with split-levels and without an intervening door
between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent
lower level provided that the lower level is less than one full story below the upper level.
Section 14. Chapter 7-14 of Title 7 of the Rochester Code of Ordinances is hereby
created to read as follows:
CHAPTER 7-14. VACANT STRUCTURE
Sec. 7-14-1. Scope.
The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for
maintenance of structures, equipment and exterior property.
Sec. 7-14-2. General.
The code official shall order the owner or owner's authorized agent of any premises upon which is located
any structure, which in the code official's or owner's authorized agent judgment after review is so
deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or
otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure,
to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to
repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at
the owner's option; or where there has been a cessation of normal construction of any structure for a period
of more than two years, the code official shall order the owner or owner's authorized agent to demolish and
remove such structure, or board up until future repair. Boarding the building up for future repair shall not
extend beyond one year, unless approved by the building official.
Sec. 7-14-3. Definitions.
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the
meanings indicated in this section.
Dangerous Structure means a structure, which is potentially hazardous to persons or property, including,
but not limited to:
1. A structure, which is in danger of partial or complete collapse;
2. A structure with any exterior parts which are loose or in danger of falling; or
3. A structure with any parts, such as floors, porches, railings, stairs, ramps, balconies, windows, doors
or roofs, which are accessible and which are either collapsed, in danger of collapsing or unable to
support the weight of normally imposed loads.
Secured by other than normal means a building secured by means other than those used in the design of
the building.
Unoccupied means a building, which is not being used for a legal occupancy
Unsecured means a building or portion of a building, which is open to entry by unauthorized persons
without the use of tools or ladders.
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Vacant building means a building or portion of a building, which is:
1. Unoccupied and unsecured.
2. Unoccupied and secured by other than normal means.
3. Unoccupied and a dangerous structure.
4. Unoccupied and condemned.
5. Unoccupied and has multiple housing or building code violations.
6. Condemned and illegally occupied.
7. Unoccupied for a period of time over three hundred sixty-five (365) days and during which time the
enforcement officer has issued an order to correct nuisance conditions.
Sec. 7-14-4. Responsibility.
The owner of the premises shall maintain the structures and exterior property in compliance with these
requirements, except as otherwise provided for in this code. A person shall not occupy as owner- occupant
or permit another person to occupy premises that are not in a sanitary and safe condition and that do not
comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping
unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming
unit, housekeeping unit or premises which they occupy and control.
Sec. 7-14-5. Vacant structures and land.
Vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and
sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public
health or safety.
Sec. 7-14-6. Vacant building registration.
1. The owner shall register with the code official no later than thirty (30) days after any building in the city
becomes a vacant building, as defined in Sect. 7-14-3.
2. The registration shall be submitted on forms provided by the code official and shall include the following
information supplied by the owner:
a. A description of the premises;
b. The names and addresses of the owner or owners;
c. The names and addresses of all known lienholders and all other parties with an ownership interest
in the building;
d. The period of time the building is expected to remain vacant; and a plan and timetable for returning
the building to appropriate occupancy or use and/or for demolition of the building.
3. For all vacant buildings, the owner shall submit a plan and timetable, which must meet the approval of
the code official. The code official shall require completion of the plan within a reasonable period of time,
up to three hundred sixty-five (365) days. Any repairs, improvements or alterations to the property must
comply with any applicable Housing or Building Codes.
4. All applicable laws and Codes shall be complied with by the owner. The owner shall notify the
enforcement officer of any changes in information supplied as part of the vacant building registration
within thirty (30) days of the change. If the plan or timetable for the vacant building is revised in any way,
the revisions must meet the approval of the code official.
5. The owner and the subsequent owners shall keep the building secured and safe and the building and
ground properly maintained until the rehabilitation or demolition has been completed.
6. Failure of the owner or any subsequent owner to maintain the building and premises that result in a
summary abatement completed by the city shall be grounds for revocation of the approved plan and
shall be subject to any applicable penalties provided by law.
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7. Failure to register, complete a vacant application and/or complete the restoration agreement shall be
subject to any applicable penalties provided by the law, including but not limited to being charged with
a misdemeanor, punishable by a fine up to $1,000.00 and/or 90 days in jail.
8. The new owner(s) shall register or re-register the vacant building with the enforcement officer within
thirty (30) days of any transfer of an ownership interest in a vacant building. The new owner(s) shall
comply with the approved plan and timetable submitted by the previous owner until any proposed
changes are submitted and meet the approval of the code official.
9. Vacant building fees:
a. For a single-household or two- household residential building, the first-year annual fee shall be at
least $100; for other residential not exceeding 10,000 square feet, the first-year annual fee shall
be at least $200; for multifamily residential or commercial buildings exceeding 10,000 square feet,
the first-year annual fee shall be at least $300. For each year that a building remains a vacant
building, the annual registration fee shall increase by the amount of the first-year annual fee, but
not to exceed $500. The registration fee is intended to at least partially recoup, and shall be
reasonably related to the administrative costs for registering and processing the vacant building
owner registration form and for the costs of the city in monitoring the vacant building site.
b. The first annual fee shall be paid no later than thirty (30) days after the building becomes vacant.
If the fee is not paid within thirty (30) days of being due, the owner shall be subject to prosecution.
c. The fee shall be paid in full prior to the issuance of any building permits, with the exception of a
demolition permit.
d. All delinquent fees shall be paid by the owner prior to any transfer of an ownership interest in any
vacant building. If the fees are not paid prior to any transfer, the new owner shall pay the annual
fee no later than thirty (30) days after the transfer of ownership and subsequent annual fees shall
be due on the original anniversary date.
e. The annual registration fee may be waived or delayed for the current year, for new vacant building
registrations or upon the anniversary date of the vacancy, if the owner follows through with a written
restoration agreement. The restoration agreement (RA) is a contract between the city and the
owner of a vacant property. It provides the owner and the city with clear timeframes, work orders,
and cost estimates for the complete rehabilitation of a property. It provides the financial penalties
associated with failure to adhere to the specifications included in the document. By signing the
agreement, the owner agrees to complete the work and accept all conditions, including the
penalties and forfeiture of any required deposits or escrows.
Sec. 7-14-7. Exemptions.
Fire damaged structures fee exemption. In order to encourage the prompt renovation of property, the owner
of a fire damaged building may be exempt from paying vacant building fees required under the chapter;
provided, that within thirty (30) days from the date of the fire, the owner at the time of the fire, submits a
request for an exemption in writing to the enforcement officer. This request shall include the following
information supplied by the owner
1. A description of the premises.
2. The names and address of the owner or owners.
3. A statement of intent to repair and reoccupy the building in an expedient manner.
4. An exemption granted under this section shall be valid for no more than six (6) months. In the
event that the owner of the property at the time of the fire who received an exemption under this
section should, at any time after the fire, transfer to another person any ownership interest in the
subject property, the exemption under this section is immediately void and any new owner(s) shall
be responsible for paying any required vacant building fees.
Buildings owned by the Olmsted County Housing and Redevelopment Authority (OCHRA). Buildings owned
by the HRA are regularly monitored and maintained by the County. Therefore, these buildings are exempt
from the registration requirements outlined in Sect. 7-14-6.
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Sec. 7-14-8. Inspections.
The code official, or any duly authorized individual, shall inspect any premises in the city for the purpose
of enforcing and assuring compliance with the provisions of this chapter. Upon the request of the code
official, an owner shall provide access to all interior portions of an unoccupied building in order to permit a
complete inspection.
Sec. 7-14-9. Vacant property registry.
The Community Development Department shall maintain a current registry, updated monthly of all vacant
properties which have become known to the code official. The vacant property registry shall be public as
and to the extent provided by law. A copy of the registry shall be available for review via a Data Request
online.
Sec. 7-14-10. Collection of unpaid fees.
1. Written notice.
a. Written notice of fees. The Department of Community Development shall, in addition to any other
action the department may undertake, serve written notice of the fees in conformance with the
requirements set forth in this chapter.
b. Notice for collection of fees shall include the amount of the vacant building fee that is the
responsibility of the building owner and a statement that the fee shall be paid within the time
period(s) identified in the notice.
2. Fee and liability. The city shall be entitled to collect the costs of vacant building registration and
monitoring. The fees associated with the vacant building program shall be a debt owed to the city
and unpaid costs shall be collected by special assessment under the authority in Minnesota
Statutes. Action under this section does not preclude any other civil or criminal enforcement
procedure. Failure to pay fees is committing a misdemeanor that is punishable by fine up to
$1,000.00 and/or 90 days in jail.
Sec. 7-14-11. Closing of vacant structures.
If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural
collapse, the code official is authorized to post a placard of condemnation on the premises and order the
structure closed so as not to be an attractive nuisance. Upon failure of the owner or owner's authorized
agent to close up the premises within the time specified in the order, the code official shall cause the
premises to be closed and secured through any available public agency or by contract or arrangement by
private persons and the cost thereof shall be charged against the real estate upon which the structure is
located and shall be a lien upon such real estate and shall be collected by any other legal resource. A
vacant building or structure must comply with Section 4-6-4.
Sec. 7-14-12. Authority to disconnect service utilities.
The code official shall have the authority to authorize disconnection of utility service to the building, structure
or system regulated by this Code and the referenced codes and standards set forth in Section 7-15-6 in case
of an emergency where necessary to eliminate an immediate hazard to life or property or where such utility
connection has been made without approval. The code official shall notify the serving utility and, whenever
possible, the owner or owner’s authorized agent and occupant of the building, structure or service system
of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner,
owner's authorized agent or occupant of the building structure or service system shall be notified in writing
as soon as practical.
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Sec. 7-14-13. Notice.
Whenever the code official has condemned a structure or equipment under the provisions of this section,
notice shall be posted in a visible place in or about the structure affected by such notice and served on the
owner, owner's authorized agent or the person or persons responsible for the structure or equipment in
accordance with Section 7-6-9.
1. If the notice pertains to equipment, it shall be placed on the condemned equipment. The notice shall
be in the form prescribed in Section 7-6-10.
Sec. 7-14-14. Placarding.
Upon failure of the owner, owner's authorized agent or person responsible to comply with the notice
provisions within the time given, the code official shall post on the premises or on defective equipment a
placard bearing the word "Condemned" and a statement of the penalties provided for occupying the
premises, operating the equipment or removing the placard.
Sec. 7-14-15. Placard removal.
The code official shall remove the condemnation placard whenever the defect or defects upon which the
condemnation and placarding action were based have been eliminated. Any person who defaces or
removes a condemnation placard without the written approval of the code official is committing a
misdemeanor that is punishable by fine up to $1,000.00 and/or 90 days in jail.
Sec. 7-14-16. Prohibited occupancy.
Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the
code official. Any person who shall occupy placarded premises or shall operate placarded equipment, and
any owner, owner's authorized agent or person responsible for the premises who shall let anyone occupy
placarded premises or operate placarded equipment shall be liable for the penalties provided by this Code.
Sec. 7-14-17. Abatement methods.
The owner, owner’s authorized agent, operator or occupant of a building, premises or equipment deemed
unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by
repair, rehabilitation, demolition or other approved corrective action. Written permission must be gained by
the code official before abatement methods may begin to clarify the timing and party conducting abatement
methods.
Sec. 7-14-18. Record.
The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy
of the structure and the nature of the unsafe condition.
Sec. 7-14-19. Imminent danger.
When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or
structure that endangers life, or when any structure or part of a structure has fallen and life is endangered
by the occupation of the structure, or when there is actual or potential danger to the building occupants or
those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence
of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is
hereby authorized and empowered to order and require the occupants to vacate the premises forthwith.
The code official shall cause to be posted at each entrance to such structure a notice reading as follows:
"This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful
for any person to enter such structure except for the purpose of securing the structure, making the required
repairs, removing the hazardous condition or of demolishing the same.
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Sec. 7-14-20. Temporary safeguards.
Notwithstanding other provisions of this Code, whenever, in the opinion of the code official, there is
imminent danger due to an unsafe condition, the code official shall order the necessary work to be done
including the boarding up of openings, to render such structure temporarily safe whether or not the legal
procedure herein described has been instituted; and shall cause such other action to be taken as the code
official deems necessary to meet such emergency.
Sec. 7-14-21. Closing streets.
When necessary for public safety, the code official shall temporarily close structures and close, or order
the city to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the
same from being utilized.
Sec. 7-14-22. Emergency repairs.
For the purposes of this section, the code official shall employ the necessary labor and materials to perform
the required work as expeditiously as possible.
Sec. 7-14-23. Costs of emergency repairs.
Costs incurred in the performance of emergency work shall be paid by the city The legal counsel of the city
shall institute appropriate action against the owner of the premises or owner's authorized agent where the
unsafe structure is or was located for the recovery of such costs.
Sec. 7-14-24. Hearing.
Any person ordered to take emergency measures shall comply with such order forthwith. Any property
owner affected shall, upon petition directed to the Board of Appeals, be afforded a hearing as described in
this Code.
Sec. 7-14-25. Notices and orders.
Notices and orders shall comply with Sections 7-6-9 through 7-6-10.
Sec. 7-14-26. Failure to comply.
If the owner of a premises or owner’s authorized agent fails to comply with a demolition order within the
time prescribed, the code official shall cause the structure to be demolished and removed, either through
an available public agency or by contract or arrangement with private persons, and the cost of such
demolition and removal shall be charged against the real estate upon which the structure is located and
shall be a lien upon such real estate.
Sec. 7-14-27. Salvage materials.
When any structure has been ordered demolished and removed, the governing body or other designated
officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable
materials. The net proceeds of such sale, after deducting the expenses of such demolition and removal,
shall be promptly remitted with a report of such sale or transaction, including the items of expense and the
amounts deducted, for the person who is entitled subject to any order of a court. If such a surplus does not
remain to be turned over, the report shall so state.
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Sec. 7-14-28. Authority.
Whenever the code official finds any work regulated by this code being performed in a manner contrary to
the provisions of this Code or in a dangerous or unsafe manner, the code official is authorized to issue a
stop work order.
Sec. 7-14-29. Issuance.
A stop work order shall be in writing and shall be given to the owner of the property, to the owner's
authorized agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall
immediately cease. The stop work order shall state the reason for the order and the conditions under which
the cited work is authorized to resume.
Sec. 7-14-30. Emergencies.
Where an emergency exists, the code official shall not be required to give a written notice prior to stopping
the work.
Sec. 7-14-31. Failure to comply.
Any person who shall continue any work after having been served with a stop work order, except such work
as that person is directed to perform to remove a violation or unsafe condition, shall be liable to an
administrative fine of $90.00 for all contract work arranged by the Department of Community Development
for the abatement of a public health or safety hazard, including, but not limited to, Sections 7-11 through 7-
12. The administration fee will be charged to the violator in addition to all other costs incurred by the
department abating the public health and safety hazard. Furthermore, any code enforcement issues not
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resolved or repeatedly non-compliant, the property owner is subject to citations as follows: 1 occurrence-
ndrd
$60, 2 occurrence-$90, 3 occurrence-$120. Failure to comply is committing a misdemeanor that is
punishable by fine up to $1,000.00 and/or 90 days in jail.
Section 15. Chapter 7-15 of Title 7 of the Rochester Code of Ordinances is hereby
created to read as follows:
CHAPTER 7-15. UNSAFE STRUCTURE
Sec. 7-15-1. General.
The code official shall order the owner or owner's authorized agent of any premises upon which is located
any structure or equipment, which in the code official's or owner's authorized agent judgment after review
is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or
otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure,
to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to
repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at
the owner's option; or where there has been a cessation of normal construction of any structure for a period
of more than two years, the code official shall order the owner or owner's authorized agent to demolish and
remove such structure, or board up until future repair. Boarding the building up for future repair shall not
extend beyond one year, unless approved by the code official.
Sec. 7-15-2. Unsafe structures.
An unsafe structure is one that is found to be hazardous to the life, health, property or safety of the public
or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the
event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated,
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structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is
possible.
Sec. 7-15-3. Unsafe equipment.
Unsafe equipment includes any boiler, heating equipment, electrical wiring or device, flammable liquid
containers or other equipment on the premises or within the structure which is in such disrepair or condition
that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises
or structure.
Sec. 7-15-4. Structure unfit for human occupancy.
A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe,
unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary,
vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating
facilities or other essential equipment required by this Code, or because the location of the structure
constitutes a hazard to the occupants of the structure or to the public.
Sec. 7-15-5. Unlawful structure.
An unlawful structure is one found in whole or in part to be overcrowded if occupied by more persons than
permitted under this Code, or was erected, altered or occupied contrary to law.
Sec. 7-15-6. Hazardous structure or premises.
For this Code, any structure or premises that has any or all the conditions or defects described below shall
be considered dangerous:
1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the
approved building or fire code of the city as related to the requirements for existing buildings.
2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped,
worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress.
3. Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind,
flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it
is likely to partially or completely collapse, or to become detached or dislodged.
4. Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that
is not of sufficient strength or stability, or is not so anchored, attached or fastened in place to be
capable of resisting natural or artificial loads of one and one-half the original designed value.
5. The building or structure, or part of the building or structure, because of dilapidation, deterioration,
decay, faulty construction, the removal or movement of some portion of the ground necessary for the
support, or for any other reason, is likely to partially or completely collapse, or some portion of the
foundation or underpinning of the building or structure is likely to fail or give way.
6. The building or structure, or any portion, is clearly unsafe for its use and occupancy.
7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned to become an
attractive nuisance to children who might play in the building or structure to their danger, becomes a
harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or
structure for committing a nuisance or an unlawful act.
8. Any building or structure has been constructed, exists or maintained in violation of any specific
requirements or prohibition applicable.
9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate
maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light,
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ventilation, mechanical or plumbing system, or otherwise, is determined by the Code official to be
unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
10. Any building or structure, because of a lack of sufficient or proper fire-resistance-rated construction,
fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or
other cause, is determined by the code official to be a threat to life or health.
11. Any portion of a building remains on a site after the demolition or destruction of the building or structure
or whenever any building or structure is abandoned to constitute such building or portion thereof as
an attractive nuisance or hazard to the public.
Sec. 7-15-7. Authority to disconnect service utilities.
The code official shall have the authority to authorize disconnection of utility service to the building,
structure or system regulated by this Code and the referenced codes and standards set forth in Section 7-
15-6 in case of emergency where necessary to eliminate an immediate hazard to life or property or where
such utility connection has been made without approval. The code official shall notify the serving utility and,
whenever possible, the owner or owner’s authorized agent and occupant of the building, structure or service
system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the
owner, owner's authorized agent or occupant of the building structure or service system shall be notified in
writing as soon as practical.
Sec. 7-15-8. Notice.
Whenever the code official has condemned a structure or equipment under the provisions of this section,
notice shall be posted in a visible place in or about the structure affected by such notice and served on the
owner, owner's authorized agent or the person or persons responsible for the structure or equipment in
accordance with Section 7-6-9.
1. If the notice pertains to equipment, it shall be placed on the condemned equipment. The notice
shall be in the form prescribed in Section 7-6-10.
Sec. 7-15-9. Placarding.
Upon failure of the owner, owner's authorized agent or person responsible to comply with the notice
provisions within the time given, the code official shall post on the premises or on defective equipment a
placard bearing the word "Condemned" and a statement of the penalties provided for occupying the
premises, operating the equipment or removing the placard.
Sec. 7-15-10. Placard removal.
The code official shall remove the condemnation placard whenever the defect or defects upon which the
condemnation and placarding action were based have been eliminated. Any person who defaces or
removes a condemnation placard without the written approval of the code official is committing a
misdemeanor that is punishable by fine up to $1,000.00 and/or 90 days in jail.
Sec. 7-15-11. Prohibited occupancy.
Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the
code official. Any person who shall occupy placarded premises or shall operate placarded equipment, and
any owner, owner's authorized agent or person responsible for the premises who shall let anyone occupy
placarded premises or operate placarded equipment shall be liable for the penalties provided by this code.
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Section 16. This ordinance shall become effective on August 1, 2026.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2026.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2026.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord25/Title 7.Repeal&Replace26.docx