This chapter is adopted under the statutory
authority granted pursuant to §§ 101.65, 101.651, 101.76
and 101.761, Wis. Stats.
The purpose of this chapter is to promote the
health, safety, and general welfare of our community, to protect property
values and to provide for orderly, appropriate development and growth
of the community.
As used in this chapter, the following terms
have the meaning prescribed herein. (Any item not defined herein shall
follow the Wisconsin Administrative Code definitions.)
BUILDING
Any structure erected or constructed of wood, metal, stone,
plastic or other materials which is intended to be used by human beings
or animals for occupancy, livery, commerce, education, cultural activities
or other purpose. The term does not include children's play structures,
agricultural barns, agricultural sheds or agricultural accessory buildings.
BUILDING INSPECTOR
The individual(s) or firm appointed by the municipality to
exercise all of the powers and duties of a building inspector under
Wisconsin law.
CONSTRUCTION
Any part or portion of the activity of installing, locating,
siting, erecting or raising a building.
CONTRACTOR
Any person, firm or entity who or which undertakes any activity
related to the construction of a building, other than the mere provision
of supplies and materials.
DEMOLITION
The activity of completely or partially destroying a previously
erected or constructed building.
ELECTRICAL
The trade which relates to the design, installation, maintenance
and repair of the mechanical equipment, wiring, fixtures and connections
which tie a structure to the power grid of an electric generating
utility and distribute the electricity through a structure to end
uses, including any work which may be performed by a master electrician
licensed by the State of Wisconsin or a person under the supervision
of such an electrician.
GARAGE, PRIVATE
One where private vehicles are kept for storage purposes
only and wherein such use is accessory to the residential use of the
property on which they are stored. A carport is considered a private
residential garage.
GARAGE, PUBLIC
Any building or premises, other than a private or a storage
garage, where motor-driven vehicles are equipped, repaired, serviced,
hired or sold, or stored for monetary gain as a business.
HVAC
An acronym which stands for "heating, ventilating and air
conditioning," the trade which installs mechanical equipment, systems
and accessory ducting and gratings for the purpose of warming, purifying,
cooling and exchanging air in a building.
OCCUPANCY
The act of utilizing a building for human habitation, use,
or occupancy. Any use of a building for any activity which is customarily
or routinely associated with utilization of a building as a residence,
detached residential accessory structure, or commercial use shall
constitute occupancy.
OWNER
The individual, firm or entity who or which has record title
to the real estate on which construction or demolition is taking place.
PLUMBING
The trade which relates to the design, installation and maintenance
or repair of pipes, drains, sinks, basins, hot water heating systems,
natural gas pipes, grease traps, floor drains, and all other work
for which the individual performing the work may either be a master
plumber licensed by the State of Wisconsin or work under the supervision
of such a plumber.
REPAIRS
Repairs for purposes of maintenance or replacements costing
less than $2,000 in any existing building or structure which do not
involve the structural portions of the building or structure or which
do not affect room arrangement, light and ventilation, access to or
efficiency of any exit stairways or exits, fire protection or exterior
aesthetic appearance and which do not increase a given occupancy and
use shall be deemed minor repairs.
STOP-WORK ORDER
A directive issued with respect to a construction project
by the Building Inspector which compels the owner and any contractor
or builder of a building to cease any further work or activity on
the construction project until the Building Inspector has authorized
the resumption of the construction project.
This chapter applies to all one- and two-family
dwellings, commercial buildings/structures, swimming pools, decks,
residential accessory buildings and agricultural buildings. Notwithstanding
this section, this chapter shall not apply to children's play structures.
For the purposes of this chapter, the standards
contained in the Wisconsin Uniform Dwelling Code shall be expanded
to apply as the standards for construction of the following:
A. Additions, alterations and major equipment replacements
for one- and two-family dwellings built prior to June 1, 1980.
B. Detached accessory buildings greater than 200 square
feet serving one- and two-family dwellings. Grade-beam slabs are required
for these structures with a continuous floating slab of reinforced
concrete and shall not be less than four inches in thickness. Reinforcement
shall be a minimum of six-by-six-inch No. 10 wire mesh or by using
1.5 pounds of fiber mesh per cubic yard of concrete with varying fiber
mesh lengths. The slab shall be provided with a thickened edge all
around, eight inches wide and eight inches below the top of the slab.
(Exempted are frost-free footings for detached residential accessory
buildings.) Chapter COMM 22, Wis. Adm. Code, shall not apply.
C. With respect to other detached accessory buildings, concrete slabs, frost-free footings and the like are not required, but if they are installed they shall follow Subsection
B above and/or Ch. COMM 21, Wis. Adm. Code. Chapter COMM 22, Wis. Adm. Code, shall not apply.
The City has adopted the certified municipality
status as described in § COMM 50.21, Wis. Adm. Code.
The owner or contractor shall, with respect
to any proposed construction or demolition, submit two sets of building
plans to the Inspector for any work which expands the size of a building,
any new building or as required by the Inspector. If a new building
or building addition is proposed, then a plot plan drawn to scale
showing such proposed work and existing buildings and property lines
shall be submitted. A third set of plans may be requested at the discretion
of the Building Inspector for the Assessor. The Building Inspector
may require the owner or contractor to submit plans for any construction
or demolition project when the Building Inspector determines that
it is necessary to review such plans to assure that the proposed project
will comply with all applicable codes.
A deposit of $400 is required for all projects
whose total cost, including labor, materials and supplies, will equal
or exceed $15,000. The deposit shall be refunded after the project
is completed and the Building Inspector has found that the building
complies with all applicable codes. The deposit shall be forfeited
if occupancy occurs before final inspection or extends after a temporary
occupancy permit expires. It shall also be forfeited if the exterior
is not finished within two years of the date the permit is issued.
If the Building Inspector, after completing
all required inspections, finds that a building has been constructed
in accordance with the applicable codes, then the Inspector shall
issue an occupancy permit. If the building fails to comply with the
codes in minor respects which do not threaten the safety, health or
welfare of the building's occupants, the Building Inspector may issue
a temporary occupancy permit for 30 days or a specified term. No person
may have occupancy of a building until an occupancy permit is issued.
Whenever the Building Inspector determines that
any building or structure is so old or dilapidated or has become so
out of repair as to be dangerous, unsafe, unsanitary or otherwise
unfit for human habitation, occupancy or use and so that it would
be unreasonable to repair the same, the Inspector shall order the
owner to raze and remove all or part thereof or, if such structure
can be made safe and sanitary by repairs, to repair and make safe
and sanitary or to raze and remove at the owner's option. Such orders
and proceedings shall be as provided in § 66.0413, Wis.
Stats.
All buildings shall have a weather-resistant,
uniform and neighborhood-compatible exterior finish. Tar paper or
similar material is not acceptable.
During construction or demolition, yards shall
be kept free of weeds, construction debris and trash. Contractors
and owners shall use their best efforts to prevent soil erosion, diversion
of surface water or damage to adjoining property.
At the time an application for a building permit
is filed, the applicant shall pay fees as established periodically
by the municipality. If work commences prior to permit issuance, the permit
fee shall double.
The Building Inspector may issue a stop-work
order for a project to prevent further noncomplying work. No person,
firm or entity may continue a construction project after a stop-work
order has been issued. The person, firm or entity who or which receives
such a stop-work order may contest the validity of the same by requesting
a hearing before the municipality. The municipality shall hear the
appeal within seven days. The municipality shall affirm the stop-work
order unless the owner or contractor shows that the Building Inspector
erred in determining that the construction project violated a provision
or provisions of the State Building Codes.
The municipality shall hear requests for variances
from the Building Code to the extent the municipality has authority
to hear and grant variances. The municipality shall approve, conditionally
approve, or deny a requested variance. The municipality may grant
a variance from a code requirement only if the variance is permitted
by state law and if the performance of the proposed variance is equal
to or greater than the code requires.
Any person feeling aggrieved by an order of
the Building Inspector may, within 20 days thereafter, appeal from
such order to the Common Council. The municipality will follow procedures
explained in Ch. 68, Wis. Stats., to arrive at a final determination.
Final determinations may be reviewed as explained in § COMM
20.21, Wis. Adm. Code.
This chapter shall not be construed as an assumption
of liability by the municipality or the Building Inspector for damages
because of injuries sustained or property destroyed by any defect
in any dwelling or equipment.