Cloquet, Minn., City Code ch. 10 §§ 10.3, 10.7 (2026) § 10.7.7
Performance Requirements and Acceptability Standards. Below are the performance requirements and
Operative Text
10.7.7. Performance Requirements and Acceptability Standards. Below are the performance requirements and
acceptability criteria that will be evaluated during an inspection. A discussion of how inspectors should interpret the
requirements and tenant preference options follows.
Subd. 1. Sanitary Facilities.
A. Performance Requirement
1. The dwelling unit must include sanitary facilities within the unit.
2. The sanitary facilities must be in proper operating condition and be adequate for
personal cleanliness and disposal of human waste.
3. The sanitary facilities must be usable in privacy.
4. A shared bathroom is permitted in a boarding house situation.
B. Acceptability Criteria
1. The bathroom must be located in a separate room and have a flush toilet in proper
operating condition.
2. The unit must have a fixed basin (lavatory) with a sink trap and hot and cold
running water in proper operating condition.
3. The unit must have a shower or tub with hot and cold running water in proper
operating condition.
4. The facilities must utilize an approved public or private disposal system,
including a locally approved septic system.
C. Related Inspections for Sanitary Facilities.
1. The bathroom must be contained within the dwelling unit, afford privacy (usually
meaning a door, although no lock is required), and be for the exclusive use of the
occupants.
2. All public or private waste disposal systems servicing the unit or facilities must
be either state or local agency approved.
3. The tub/shower, toilet, and basin/lavatory must have a proper sewer trap, drain,
and vents to prevent the escape of sewer gases or severe leakage of water.
Drains must not be clogged and the toilet must flush. Hot and cold water must
be available at the tub, shower, and lavatory taps. The definition of hot water
(temperature) required at the lavatory, tub, or shower should be determined from
local health standards or applicable local code.
4. The inspector must determine if the bathroom facilities are free of hazards, such
as damaged or broken fixtures and plumbing leaks, which may endanger the
occupants.
EXAMPLE:
What are bathroom hazards that may endanger occupants?
• Broken ceramic, metal, or glass fixtures that may pose a
hazard. This includes towel racks, soap dishes, medicine
cabinets, and mirrors as well
• A leaking hot water faucet may pose a scalding threat.
5. Only one bathroom is required to meet these requirements. Additional bathrooms
do not have to contain all plumbing fixtures (tub/shower, toilet or lavatory), but if
present, they must not create any unsanitary conditions, be properly plumbed,
and be free of sewer gases.
6. Other room standards that apply to bathroom facilities, such as illumination and
electricity, are discussed under those performance requirements.
Subd. 2. Food Preparation and Refuse Disposal.
A. Performance Requirement.
1. The dwelling unit must have suitable space and equipment to store, prepare, and
serve food in a sanitary manner.
B. Acceptability Criteria.
1. The dwelling unit must have an oven and a stove or range. A microwave oven
may be substituted for a tenant-supplied oven and stove or range. A microwave
may be substituted for an owner-supplied oven and stove or range if the tenant
agrees and microwave ovens are furnished to both subsidized and unsubsidized
tenants in the same building or premises. On gas stoves no pilot light is allowed;
they must be electronic ignition.
2. The dwelling unit must have a refrigerator supplied by either the owner or
tenant.
3. All required equipment must be in proper operating condition. According to the
lease, equipment may be supplied by either the owner or the tenant.
4. The dwelling unit must have a kitchen sink in proper operating condition, with a
sink trap and hot and cold running water. The sink must drain into an approved
public or private system.
5. The dwelling unit must have space for storage, preparation, and serving of food.
6. Facilities and services for the sanitary disposal of food waste and refuse,
including temporary storage facilities where necessary, are required.
C. Related Inspections for Food Preparation and Refuse Disposal.
1. Hot plates are not acceptable substitutes for stoves or ranges. The oven must heat
and all burners on the stove or range must work. All stove or range knobs must
be present. The stove or range must be free of hazardous gas hook-ups, gas leaks,
or electrical hazards.
EXAMPLE:
What temperature must a refrigerator maintain to keep food from
spoiling?
Above 32° F, but generally below 40° F.
Consider how often the refrigerator will be opened. Proper
temperatures are difficult to maintain if the refrigerator is frequently
opened during warm weather, door seals are removed or broken, or
the door sits open.
2. The sink must have hot and cold running water from the faucets and a proper
working sink drain with gas trap. It must also be hooked to an approved water
and sewer system.
3. Space for storage, preparation, and serving of food must be present. Built-in
space, equipment, table(s), or portable storage facilities are acceptable.
4. Waste and refuse storage facilities are determined by local practice and may
include trash cans or dumpster facilities.
5. Other room standards apply to the food preparation area and are discussed under
those specific requirements below.
Subd. 3. Space and Security.
A. Performance Requirement.
1. The dwelling unit must provide adequate space and security for the tenant.
B. Acceptability Criteria.
1. At a minimum, the dwelling unit must have a living room, a kitchen and a
bathroom, except in a boarding house.
2. The dwelling unit must have at least one bedroom or living/sleeping room for
every two persons. Other than very young children (up to age 5), children of
opposite sex may not be required to occupy the same bedroom or living/sleeping
room.
3. Dwelling unit windows that are accessible from the outside must be lockable.
4. Exterior doors to the unit must be lockable with a deadbolt.
C. Related Inspections for Space and Security.
1. A living room may be used as sleeping (bedroom) space, but no more than two
persons may occupy the space.
2. Unit windows located on the first floor, at the basement level, on a fire escape,
porch, or other outside space that can be reached from the ground and that are
designed to be opened must have a locking device. (Windows with sills less
than six feet off the ground are considered accessible.) Traditional window
locks, those provided by storm/screen combination windows, window pins, and
nails are acceptable. Windows leading to a fire escape or required to meet
ventilation requirements may not be permanently nailed shut.
3. Doors leading to the outside and common hallways must be equipped with a
deadbolt; fire escapes, porches and other openings accessible from the ground
must have locks. No specific type of lock is required.
4. Window and door surfaces (including the door frame) must be in sufficient
condition to support the installation and proper operation of window and door
locks.
Subd. 4. Thermal Environment.
A. Performance Requirement.
1. The dwelling unit must be able to provide a thermal environment that is healthy
for the human body.
B. Acceptability Criteria.
1. There must be a safe system for heating the dwelling unit, such as electric
baseboard, radiator, or forced air systems. In order to ensure a healthy living
environment appropriate for the climate the system must be able to provide
adequate heat either directly or indirectly to each room.
2. The heating system must be in proper operating condition.
3. The dwelling unit must not contain unvented room heaters that burn gas, oil, or
kerosene. Electric heaters are acceptable.
C. Related Inspections for Thermal Environment.
1. The inspector must define “a healthy living environment” for the local climate.
Local or state codes will help the inspector determine when and how much heat
is adequate. For example, an inspector may define a heating system capable of
maintaining an interior temperature of 65º between October 1 and May 1 as
adequate.
2. Adequate heat is required in all rooms used for living; the heat source does not
have to be located in each room as long as the heat can pass to the appropriate
space and meet the definition of adequate. Portable electric room heaters or
kitchen stoves with built-in heating units are not acceptable as a primary source
of heat for units.
3. Improper operating conditions, including all conditions that may be unsafe, such
as broken or damaged source vents, flues, exhausts, gas or oil lines that create a
potential fire hazard or threats to health and safety are not permitted. Heating
unit safety devices must be present, and the heating equipment must have proper
clearance from combustible materials and location of oil storage tanks. There
must be proper gas and oil connections. Local plumbing, fire, or mechanical
codes are instructive in providing details about acceptable materials for furnace
and water heater hookups and required clearances. Seek assistance from local
code enforcement offices to determine health and safety standards for equipment
hook-up and clearance requirements.
4. Heating system inspections are often required by local or state authorities,
especially for large multi-family buildings. If the heating system has passed
inspection from the inspecting authority within the past two years, the inspector
may accept this as proof of heating equipment safety.
5. Working cooling equipment refers to a central ventilation system, evaporative
cooling system, room or central air conditioning. These systems are not
required, but if present, must be operating safely so as not to create a potential
fire hazard or other threat to health and safety.
Subd. 5. Illumination and Electricity.
A. Performance Requirement.
1. Each room must have adequate natural or artificial illumination to permit normal
indoor activities and to support the health and safety of occupants.
2. The dwelling unit must have sufficient electrical sources so occupants can use
essential electrical appliances.
3. Electrical fixtures and wiring must not pose a fire hazard.
4. GFI’s must be installed in all kitchens, bathrooms and by any water outlet.
B. Acceptability Criteria.
1. There must be at least one egress window in the living room and in each sleeping
room.
2. The kitchen area and the bathroom must have a permanent ceiling or wall-
mounted fixture in proper operating condition.
3. The kitchen must have at least one electrical outlet in proper operating condition.
4. The living room and each sleeping space must have at least two electrical outlets
in proper operating condition. Permanent overhead or wall-mounted light
fixtures may count as one of the required electrical outlets.
C. Related Inspections for Illumination and Electricity.
1. The inspector must be satisfied that the electrical system is free of hazardous
conditions, including: exposed, uninsulated, or frayed wires, improper
connections, improper insulation or grounding of any component of the system,
overloading of capacity, or wires lying in or located near standing water or other
unsafe places.
2. Outlets must be properly installed in the baseboard, wall, or floor. Hanging light
fixtures or outlets from electric wiring, missing cover plates on switches and
outlets, badly cracked outlets or cover plates, exposed fuse box connections and
overloaded circuits are unacceptable.
Subd. 6. Structure and Materials
A. Performance Requirement.
1. The dwelling unit must be structurally sound.
2. The structure must not present any threat to the health and safety of the occupants
and must protect the occupants from the environment.
B. Acceptability Criteria.
1. Ceilings, walls, and floors must not have any serious defects such as severe
bulging or leaning, large holes, loose surface materials, severe buckling, missing
parts, or other serious damage.
2. The roof must be structurally sound and weather-proof.
3. The foundation and exterior wall structure and surface must not have any serious
defects such as serious leaning, buckling, sagging, large holes, or defects that
may result in air infiltration or vermin infestation.
4. The condition and equipment of interior and exterior stairs, halls, porches, and
walkways must not present the danger of tripping and falling.
5. Elevators must be working safely.
C. Related Inspections for Structure and Materials.
1. The inspector must examine each of the elements listed in the acceptability
criteria to determine that each is structurally sound, will not collapse, and does
not present a danger to residents through falling or missing parts, or tripping
hazards. The inspector must determine that the unit is free from water,
excessive air, and vermin infiltration.
2. Handrails are required when four or more steps (risers) are present, and
protective railings are required when porches, balconies, and stoops are thirty
inches off the ground.
3. The elevator servicing the unit must be working. A current city or state
inspection certificate suffices to determine working condition of the elevator.
4. Manufactured homes must have proper tie-down devices capable of surviving
wind loads common to the area.
Subd. 7. Interior Air Quality.
A. Performance Requirement.
1. The dwelling unit must be free of air pollutant levels that threaten the occupants’
health.
B. Acceptability Criteria.
1. The dwelling unit must be free from dangerous air pollution levels from carbon
monoxide, sewer gas, fuel gas, dust, and other harmful pollutants.
2. There must be adequate air circulation in the dwelling unit.
3. Bathroom areas must have one openable window or other adequate ventilation.
4. Any sleeping room must have at least one window. If the window was designed
to be opened, it must be in proper working order.
C. Related Inspections for Interior Air Quality.
1. The inspector must be satisfied that air pollutants such as gas leaks, industrial
outputs, and heavy traffic would not present a health hazard.
2. Air circulation should be checked to determine adequate ventilation. Air
conditioning (A/C) provides adequate circulation as do ceiling and vent fans.
3. The windows must adequately protect the unit’s interior from the weather.
Windows designed to open must not be painted or nailed shut. The ventilating
bathroom fan in the bathroom must operate as intended.
Subd. 8. Water Supply
A. Performance Requirement.
1. The water supply must be free of contamination.
2. Testing of well water is required yearly.
B. Acceptability Criteria.
1. The dwelling unit must be served by an approved public or private water supply
that is sanitary and free from contamination.
C. Related Inspections for Water Supply.
1. The inspector should be satisfied that the water supply is approved by the State or
local jurisdiction.
2. Clean water must be distributed to all unit fixtures and waste water must leave
the unit to an approved area without presence of sewer gas and backups.
3. Plumbing fixtures and pipes must be free of leaks and threats to health and safety.
4. Water-heating equipment must be installed safely and must not present any safety
hazards to families. All water heaters must be free of leaks, have
temperature/pressure relief valves, and a discharge line. Unless safety dividers
or shields are installed, water heaters must not be located in bedrooms or living
areas where safety hazards may exist. Fuel-burning equipment must have proper
clearance from combustible materials and be properly vented.
Subd. 9. Lead-Based Paint. The Lead-Based Paint Poisoning Prevention Act as amended (42 U.S.C. 4821
- 4846) and the Residential Lead-Based Paint Hazard Reduction Act of 1992 and implementing regulations
24 CFR Part 35 Subparts A, B, M, and R apply to the housing choice voucher program.
A. Acceptability Criteria.
1. The requirements apply to dwelling units built prior to 1978 that are occupied or
can be occupied by families with children under six years of age, excluding zero
bedroom dwellings.
2. During initial and annual inspections of pre-1978 units that are occupied or will
be occupied by families with children under six years of age, the inspector must
conduct a visual assessment for deteriorated paint surfaces and the owner must
stabilize deteriorated surfaces. Applicable areas include painted surfaces within
the dwelling unit, exterior painted surfaces associated with the dwelling unit, and
common areas of the building through which residents must pass to gain access
to the unit and areas frequented by resident children under six years of age,
including play areas and child care facilities.
3. For units occupied by environmental intervention blood lead level (lead
poisoned) children under six years of age, a risk assessment must be conducted
(paid for by the building owner), and the owner must complete hazard reduction
activities if lead hazards are identified during the risk assessment.
Subd. 10. Access
A. Performance Requirement.
1. Use and maintenance of the unit must be possible without unauthorized use of
other private properties.
2. The building must provide an alternate means of exit in case of fire.
B. Acceptability Criteria.
1. The unit must have private access.
2. In case of fire, the building must contain an alternate means of exit such as fire
stairs, or windows, including use of a ladder for windows above the second
floor.
C. Related Inspections for Access.
1. The inspector must determine that the unit has private access without
unauthorized passage through another dwelling unit or private property.
2. The emergency (alternate) exit from the building (not the unit) may consist of fire
stairs, a second door, fire ladders, or exit through windows. The emergency exit
must not be blocked. It must b e appropriate for the family and considered
adequate by local officials. Guidance from the local fire agency is advisable.
Subd. 11. Sanitary Condition.
A. Performance Requirement.
1. The dwelling unit and its equipment must be in sanitary condition.
B. Acceptability Criteria.
1. The dwelling unit and its equipment must be free of vermin and rodent
infestation.
C. Related Inspections for Sanitary Condition.
1. The inspector must ensure that the unit is free of rodents and heavy
accumulations of trash, garbage, or other debris that may harbor vermin.
Infestation by mice, roaches, or other vermin particular to the climate must also
be considered. The unit must have adequate barriers to prevent infestation.
Subd. 12. Smoke and Carbon Monoxide Detectors.
A. Performance Requirements.
1. At least one battery-operated or hard-wired smoke detector in proper operating
condition must be present on each level of the dwelling unit, including basements
but excluding crawl spaces and unfinished attics.
2. Smoke detectors must be installed in accordance with and meet the requirements
of the National Fire Protection Association Standards (NFPA) 74 or its successor
standards.
3. If a hearing-impaired person is occupying the dwelling unit, the smoke detectors
must have an alarm system designed for hearing-impaired persons as specified in
NFPA 74.
4. All units shall have an approved carbon monoxide alarm within 10 feet of each
sleeping room. Carbon monoxide alarms must either be hardwired into the
electrical wiring, directly plugged into a non-switched outlet or battery powered.
B. Acceptability Criteria.
1. The inspector must ensure that the location of smoke and carbon monoxide
detectors conforms with local and/or State Fire Marshall’s requirements.
2. The inspector must determine that smoke and carbon monoxide detectors are
located and installed in accordance with NFPA Standards. All smoke and
carbon monoxide detectors must be in operating condition.
C. Related Inspections for Smoke and Carbon Monoxide Detectors.
1. Local codes, such as housing or fire codes, often address responsibilities between
owners and tenants for installation and maintenance of smoke detector batteries.
At initial inspection smoke detectors must have good batteries and be operable.
The inspector may follow local codes to determine if missing or dead smoke
detector batteries constitute a tenant or owner-caused failure in occupied units.
2. Consultation with the local fire officials is recommended regarding acceptable
types and location of smoke detectors.Cloquet City Code Ch. 10 § 10.7.7 establishes detailed performance requirements and acceptability standards that inspectors evaluate across twelve categories: sanitary facilities, food preparation, space and security, thermal environment, illumination and electricity, structure and materials, interior air quality, water supply, lead-based paint, access, sanitary condition, and smoke and carbon monoxide detectors. Each category defines both a general performance goal and specific physical criteria a dwelling unit must meet. Inspectors use these standards to determine whether a rental unit is safe, habitable, and compliant with the code.
Plain English — not legal advice.
Operators of rental properties subject to § 10.7.7 generally maintain units so that all twelve inspection categories are met before and during tenancy. This means ensuring functional plumbing, heating, electrical systems, and appliances; proper locks on doors and accessible windows; working smoke and carbon monoxide detectors on every level; and units free of vermin, structural defects, and hazardous air conditions. Owners of pre-1978 units occupied by children under six must also address lead-based paint requirements, including visual assessments and, where required, risk assessments paid for by the owner.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in Cloquet rental units have a right to housing that meets the habitability standards set out in § 10.7.7, covering everything from functioning bathrooms and heating to smoke detectors and structural soundness. If a unit fails to meet these standards, tenants may raise the violation as a defense in certain legal proceedings or report concerns to local code enforcement for inspection. Consulting a tenant-rights organization can help tenants understand which enforcement paths are available for a particular type of deficiency.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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