Rochester, Minn., Code of Ordinances § 7 § 7-1-5
Parts (Rochester Housing Code)
Operative Text
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." 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 family for living, sleeping, cooking and eating. Approved means acceptable to the code official. 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, space used, or intended to be used for sleeping purposes in either a dwelling or sleeping unit. 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 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 when 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. 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. 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. Efficiency apartment means an apartment consisting of not more than one habitable room with kitchenette and sanitary facilities. Exterior property means the open space on the premises and on adjoining property under the control of owners or operators of such premises. Family is defined as: (1) One or more individuals related by blood, marriage, or adoption. (2) A group of not more than five persons, some or all of whom are related by blood, marriage, or adoption, occupying a single dwelling unit; or (3) Any group of people whose right to live together as a household is protected by the federal Fair Housing Amendment Act as amended and interpreted by the courts. Garbage means the animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. [Be] guard means abuilding 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, 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. 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 reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power. IPMC means International Property Maintenance Code. Kitchen or kitchenette means a room or area intended to store and prepare food and including 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. 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 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. Neglect means the lack of proper maintenance for a building or structure. 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. 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. 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). Rooming house means a building designed as a one-family detached dwelling, containing habitable units providing sleeping and/or living accommodations but not eating or cooking accommodations, for three or more individuals who are not members of the owner's or operator's related family. Meals may or may not be provided as part of the services included for compensation. Rooming unit or single occupancy unit means permitted if it satisfies all of 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 in excess of 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, crock-pots, 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 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. 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, metals, 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 a room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are part of a dwelling unit are not sleeping units. Strict liability offense means an offense in which the 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 enclosing 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 means any tent, trailer, or other structure used for human shelter designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than 30 consecutive days. 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 means 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.
Rochester, Minn., Code of Ordinances § 7-1-5 establishes a comprehensive set of standardized definitions that apply throughout the city's housing and property maintenance code. Terms such as "dwelling unit," "occupant," "operator," and "owner" are given specific meanings that govern how all other provisions in the code are interpreted and applied. Notably, the section also specifies that whenever key terms like "dwelling unit" or "premises" appear in the code, they are to be read as encompassing any part of that unit or premises, broadening the scope of coverage.
Plain English — not legal advice.
Property owners and operators subject to Rochester, Minn., Code of Ordinances § 7-1-5 should be aware that the definitions in this section shape how every other provision of the city's housing code applies to their properties. For example, the definitions of "owner" and "operator" are broad, encompassing not just titleholders but anyone with charge, care, or control of a rental property. Compliant operators generally familiarize themselves with these defined terms—such as "habitable space," "rooming unit," and "dwelling unit"—to ensure their properties and practices align with the code's requirements as interpreted under these definitions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Rochester, Minn., Code of Ordinances § 7-1-5, the definitions established here form the foundation for tenant protections throughout the city's housing code, clarifying what constitutes a dwelling unit, habitable space, and who qualifies as an occupant or tenant. Understanding these terms can help renters recognize when conditions in their housing—such as infestation, neglect, or imminent danger—may trigger obligations on the part of an owner or operator as defined in this section. Tenants who believe a violation exists may consider contacting the city's Department of Community Development, consulting a local tenant-rights organization, or reviewing how these definitions apply to their situation under the broader housing code.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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