Lincoln, Neb., Mun. Code ch. 21.05 § 21.05.430
Section 602 Amended; Heating Facilities
Operative Text
Section 602 of the International Property Maintenance Code is amended to read as follows: SECTION 602 - HEATING FACILITIES 602.1 Facilities required. Heating facilities shall be provided in structures as required by this section. 602.2 Residential occupancies. Every dwelling unit shall be provided with heating facilities capable of maintaining a room temperature of 70 F. at a point between three and five feet above the floor level, under local outdoor winter design conditions as specified in the ASHRAE Handbook, as referenced in the International Mechanical Code, as adopted by the City. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. Exception: In months when the average monthly temperature is below 30 F, a minimum temperature of 68 F shall be maintained. 602.3 Heat supply. Every dwelling unit shall be provided with heating facilities capable of maintaining a room temperature of 70 F from October 1 through April 30 of each year at a point between three and five feet above the floor level, under local outdoor winter design conditions as specified in the ASHRAE Handbook, as referenced in the International Mechanical Code, as adopted by the City. Such facilities shall be installed and maintained in a safe condition and in accordance with all other applicable laws. Unvented fuel-burning heaters are not permitted. All heating devices or appliances shall be of an approved type. Exceptions: When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. In months when the average monthly temperature is below 30 F, a minimum temperature of 68 F shall be maintained. 602.4 Room temperature measurement. The required room temperatures shall be measured 3 feet above the floor near the center of the room and 2 feet inward from the center of each exterior wall. (Ord. 20258 §4; October 19, 2015: prior Ord. 19349 §43; March 1, 2009).
Lincoln Municipal Code § 21.05.430 (Section 602) establishes minimum indoor heating standards for residential dwellings. From October 1 through April 30, heating systems must be capable of maintaining at least 70°F measured between three and five feet above the floor, dropping to a minimum of 68°F during months when the average outdoor temperature falls below 30°F. Cooking appliances cannot substitute for dedicated space-heating equipment, and unvented fuel-burning heaters are prohibited entirely. Temperature compliance is measured three feet above the floor near the center of the room and two feet inward from each exterior wall.
Plain English — not legal advice.
Under Lincoln Mun. Code § 21.05.430, compliant residential property operators ensure that every dwelling unit is equipped with an approved, properly vented heating system capable of reaching 70°F during the October 1–April 30 heating season, with a permissible floor of 68°F in the coldest months. Operators keep heating equipment installed and maintained in safe working order in accordance with all applicable codes, and they do not rely on cooking appliances or unvented fuel-burning heaters to meet the heating requirement. Routine inspections and prompt repairs of heating systems are characteristic practices of operators who stay in compliance with this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Lincoln Mun. Code § 21.05.430 gives residential tenants the right to a functioning, approved heating system capable of maintaining the required minimum temperatures throughout the heating season. If a dwelling unit cannot reach the required temperature or if prohibited equipment such as unvented fuel-burning heaters is present, tenants may have grounds to report the condition to Lincoln's code enforcement or building inspection authority. Tenant-rights organizations and legal aid services can help residents understand what documentation to gather and what local complaint processes may be available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 5, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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