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Fitchburg, WI Rental Property Rules: Repairs & Habitability (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Minimum heat
67°F (19°C) year-round when supplied
Hot water range
120°F minimum, 160°F maximum
Governing section
Fitchburg City Code § 37-141
AC/heat off-season exception
AC Nov-Mar; heat Jun-Aug if 67°F holds
Appeal path
Zoning board of appeals, 30 days

Summary

Fitchburg landlords who supply heat must keep every rental dwelling at 67 degrees Fahrenheit year-round with windows and doors closed, and hot water must reach at least 120 degrees but never exceed 160 degrees at any fixture. The standards sit in Section 37-141, Minimum Standards for Basic Equipment and Facilities, City of Fitchburg, Dane County, Wisconsin.

(e)Every dwelling shall have supplied water-heating facilities which are properly installed, are maintained in safe and good working condition, are properly connected with the hot water lines required under subsection (d) of this section, and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees Fahrenheit. At no time shall the water temperature available at any kitchen sink, lavatory basin, or shower exceed 160 degrees Fahrenheit. ... (j)The owner of any dwelling unit who provides heat shall have a heating system that is able to maintain 67 degrees Fahrenheit (19 degrees Celsius) at any time of the day or night and any day of the year with all windows and doors closed.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 30).

Full Breakdown

Section 37-141 bars anyone from occupying or letting a dwelling unit that lacks a kitchen sink, a private bathtub or shower with lavatory and water closet, and both hot and cold water lines at each fixture, all connected to an approved water and sewer system. Subsection (e) requires water-heating facilities capable of delivering water at not less than 120 degrees Fahrenheit at every required sink, basin, tub or shower, while capping the available temperature at 160 degrees Fahrenheit to prevent scalding. Subsection (j) sets the heat floor: an owner who provides heat must maintain a system able to hold 67 degrees Fahrenheit (19 degrees Celsius) at any hour, any day of the year, with all windows and doors closed.

Subsection (m) allows only three narrow exceptions to the general rule that equipment stay operational around the clock: air conditioners may be disconnected November through March, heating systems may be turned off June through August if the unit still reaches 67 degrees, and rooms with set seasonal or event hours are exempt. Subsection (n) separately forbids an owner, operator, or occupant from shutting off any required service, facility, or utility except for actual repairs in progress or an inspector-approved temporary emergency. Companion Section 37-140 requires properly installed heating, lighting and ventilation equipment under the building code, plus insect screens on ventilation openings and doors, installed by June 1 and kept up until storm windows go on in October.

Violations & Fines

Violations run through the Section 37-39 through 37-45 notice-and-order process, with the building inspector able to issue an emergency order without prior notice when public health or safety is at risk. Section 37-46 sets the penalty at the Section 1-21 general schedule, $25.00 to $500.00 for a first offense and $50.00 to $1,000.00 for a repeat within one year, and lets the city attorney seek an injunction against a noncompliant landlord in addition to or instead of a forfeiture.

Frequently Asked Questions

What is the minimum temperature a Fitchburg landlord must maintain?
If the landlord supplies heat, Section 37-141(j) requires the system to hold 67 degrees Fahrenheit at any hour of any day, with all windows and doors closed, and that duty runs year-round except for the narrow June-through-August exception in subsection (m).
Can hot water be scalding hot in a Fitchburg rental?
No. Section 37-141(e) caps the water temperature available at any kitchen sink, lavatory basin, or shower at 160 degrees Fahrenheit, while also requiring at least 120 degrees so tenants have adequate hot water for washing and bathing.
Can a Fitchburg landlord shut off utilities to force a tenant out?
No. Section 37-141(n) prohibits an owner, operator, or occupant from removing, shutting off, or discontinuing any required service or utility, except for a temporary interruption while actual repairs are underway or during an inspector-approved emergency.
How do I appeal a habitability violation notice in Fitchburg?
Section 37-45 gives the aggrieved owner or occupant 30 days from receiving the notice and order, or from a citation under Section 37-42, to appeal to the Fitchburg zoning board of appeals, which can affirm, modify, or reverse the building inspector's decision.

Sources & Official References

Other rules in Fitchburg

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