[HISTORY: Adopted by the Common Council of the City of Prescott 10-12-2020 by Ord. No.
05-20.[1] Amendments noted where applicable.]
A.Â
Title. This chapter shall be known as the ''Building Code
of the City of Prescott" and will be referred to in this chapter as
"this code" or "this chapter."
B.Â
Purpose. This chapter provides certain minimum standards, provisions
and requirements for safe and stable design, methods of construction
and uses of materials in buildings and/or structures hereafter erected,
constructed, enlarged, altered, repaired, moved, converted to other
uses or demolished and regulates the equipment, maintenance, use and
occupancy of all such buildings and/or structures. Its purpose is
to protect and foster the health, safety and well-being of persons
occupying or using such buildings and the general public.
C.Â
Scope. New buildings hereafter erected in, or any building hereafter
moved within or into the City, shall conform to all the requirements
of this chapter except as they are herein specifically exempted from
part or all of its provisions. Any alteration, enlargement or demolition
of an existing building and any installation therein of electrical,
gas, heating, plumbing or ventilating equipment which affects the
health or safety of the users thereof or any other persons is a new
building to the extent of such change. Any existing building shall
be considered a "new building" for the purposes of this chapter whenever
it is used for dwelling, commercial or industrial purposes, unless
it was being used for such purpose at the time this chapter was enacted.
The provisions of this chapter supplement the laws of the State of
Wisconsin pertaining to construction and use and the Zoning Code of
the City and amendments thereto to the date this chapter was adopted
and in no way supersede or nullify such laws and the said Zoning Code.[1]
A.Â
Permit required.
(1)Â
General permit requirement. No building of any kind shall be moved
within or into the City of Prescott and no new building or structure,
or any part thereof, shall hereafter be erected, or ground broken
for the same, or enlarged, altered, moved, demolished, razed or used
within the City, except as herein provided, until a permit therefor
shall first have been obtained by the owner, or his authorized agent,
from the Building Inspector
(2)Â
Alterations and repairs. The following provisions shall apply to
buildings altered or repaired:
(a)Â
Alterations. When any existing building or structure accommodates
a legal occupancy and use but is of a substandard type of construction,
then alterations which involve beams, girders, columns, bearing or
other walls, room arrangement, heating and air-conditioning systems,
light and ventilation, or changes in location of exit stairways or
exits, or any or all of the above, may be made in order to bring such
existing construction into conformity with the minimum requirements
of this chapter applicable to such occupancy and use and given type
of construction, when not in conflict with any other regulations.
(b)Â
Repairs. Repairs for purposes of maintenance, or replacements
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 or use shall be deemed
minor repairs. Minor repairs not requiring a permit are windows and
doors being replaced in the same opening, roofing and siding.
(c)Â
Alterations when not permitted. When any existing building or
structure, which, for any reason whatsoever, does not conform to the
regulations of this chapter, has deteriorated from any cause whatsoever
to an extent greater than 50% of the equalized value of the building
or structure, no alterations or moving of such building or structure
shall be permitted. Any such building or structure shall be considered
a menace to public safety and welfare and shall be ordered vacated
and thereafter demolished and debris removed from the premises.
(d)Â
Alterations and repairs required. When any of the structural
members of any building or structure have deteriorated from any cause
whatsoever to less than their required strength, the owner of such
a building or structure shall cause such structural members to be
restored to their required strength; failing in which the building
or structure shall be considered a menace to public safety and shall
be vacated and thereafter no further occupancy or use of the same
shall be permitted until the regulations of this chapter are complied
with.
(e)Â
Extent of deterioration. The amount and extent of deterioration
of any existing building or structure shall be determined by the Building
Inspector.
B.Â
Application. Application for a building permit shall be made in writing
upon a form furnished by the Building Inspector or his designee and
shall state the name and address of the owner of the land and also
the owner of the building if different, the legal description of the
land upon which the building is to be located, the name and address
of the designer, the use to which said building is to be put and such
other information as the Building Inspector may require.
C.Â
Site plan approval.
(1)Â
Site plan approval. All applications for building permits for any
construction, reconstruction, expansion or conversion, except for
one- and two-family residences in residentially zoned districts, shall
require site plan approval by the Plan Commission in accordance with
the requirements of this section, unless site plan review is required
under the City Zoning Code. The applicant shall submit a site plan
and sufficient plans and specifications of proposed buildings, machinery
and operations to enable the Plan Commission or its expert consultants
to determine whether the proposed application meets all the requirements
applicable thereto in this chapter.
(2)Â
Administration. The Zoning Administrator shall make a preliminary
review of the application and plans requiring site plan review and
refer them along with a report of his findings to the Plan Commission.
The Plan Commission shall review the application and may refer the
application and determine whether the application and plans meet all
the requirements applicable thereto in this chapter. Within 30 days
of its receipt of the application, the Plan Commission shall authorize
the Building Inspector to issue or refuse a building permit.
(3)Â
Requirements. In acting on any site plan, the Plan Commission shall
consider the following:
(a)Â
The appropriateness of the site plan and buildings in relation
to the physical character of the site and the usage of adjoining land
areas.
(b)Â
The layout of the site with regard to entrances and exits to
public streets; the arrangement and improvement of interior roadways;
the location, adequacy and improvement of areas for parking and for
loading and unloading; and shall, in this connection, satisfy itself
that the traffic pattern generated by the proposed construction or
use shall be developed in a manner consistent with the safety of residents
and the community, and the applicant shall so design the construction
or use as to minimize any traffic hazard created thereby.
(c)Â
The adequacy of the proposed water supply, drainage facilities
and sanitary and waste disposal.
(d)Â
The landscaping and appearance of the completed site. The Plan
Commission may require that those portions of all front, rear and
side yards not used for off-street parking shall be attractively planted
with trees, shrubs, plants or grass lawns, and that the site be effectively
screened so as not to impair the value of adjacent properties nor
impair the intent or purposes of this section.
(4)Â
Effect on municipal services. Before granting any site approval,
the Plan Commission may, besides obtaining advice from consultants,
secure such advice as may be deemed necessary from the Building Inspector
or other municipal officials, with special attention to the effect
of such approval upon existing municipal services and utilities. Should
additional facilities be needed, the Plan Commission shall not issue
the final approval until the City has entered into an agreement with
the applicant regarding the development of such facilities.
(5)Â
Appeals. Denials of building permits contingent upon site plan approval
may be appealed to the Zoning Board of Appeals by filing a notice
of appeal with the City Clerk within seven days of the denial.
D.Â
Dedicated street and approved subdivision required. Unless a waiver
is granted by the Common Council, following a recommendation from
the Building Inspector, no building permit shall be issued unless
the property on which the building is proposed to be built abuts a
street that has been dedicated for street purposes. No building permits
shall be issued until the subdivision and/or certified survey and
required improvements are accepted by the Common Council.
E.Â
Utilities required for residential and nonresidential buildings.
(1)Â
No certificate of occupancy shall be issued for the construction of any building until sewer, water, storm sewer, grading, streets, and curb and gutter are installed in the streets necessary to service the property for which the permit is required; all public infrastructure improvements must be inspected, tested and approved in conformance with Chapter 510, Subdivision of Land, of this Code and other applicable City and governing agency codes and regulations.
(2)Â
The City of Prescott may issue building permits before all public
infrastructure improvements are completed, provided the developer
maintains their project surety amount irrevocable (letter of credit
or bond) between the developer and the City of Prescott until all
required subdivision public infrastructure improvements are completed
and maintains 30% of the project surety amount until the one-year
warranty period expired after final acceptance of all required public
infrastructure improvements. Permit will be issued as a dry permit
and no water or sewer service will be available. No building plumbing
connections to City water and sewer system shall be made until construction
of said water and sanitary sewer are completed, inspected, tested,
and approved by the City for public use.
F.Â
Elevations. The first floor minimum elevation of a house shall be
18 inches above the curbline at the high side. The maximum driveway
elevation shall be 12% from the flag of the curb to the threshold
of the garage door.
G.Â
Plans. With applications for new detached structures or additions,
there shall be submitted three complete sets of plans and specifications,
including a plot plan showing the location and dimensions of all buildings
and improvements on the lot, both existing and proposed, dimensions
of the lot, dimensions showing all setbacks of all buildings on the
lot, proposed grade of proposed structure (to City datum), grade of
lot and of the street abutting lot, grade and setback of adjacent
buildings (if adjacent lot is vacant, submit elevation of nearest
buildings on same side of street), type of monuments at each corner
of lot, watercourses or existing drainage ditches, easements or other
restrictions affecting such property, the signature of the applicant
and, if necessary due to the nature of the project, a construction
erosion control plan setting forth proposed information and procedures
needed for control of soil erosion, surface water runoff and sediment
disposition at the building site. One set of plans shall be of reduced
size to facilitate copying. Plans, specifications and plot plans shall
be drawn to a minimum scale of 1/4 inch to one foot (fireplace details
to 3/4 inch to one foot). One set of plans shall be returned after
approval as provided in this chapter. The second set shall be filed
in the office of the Building Inspector. Plans for buildings involving
the State Building Code shall bear the stamp of approval of the State
Department of Safety and Professional Services. One plan shall be
submitted which shall remain on file in the office of the Building
Inspector. All plans and specifications shall be signed by the designer.
H.Â
Waiver of plans; minor repairs.
(1)Â
Waiver. If the Building Inspector finds that the character of the
work is sufficiently described in the application, he may waive the
filing of plans for alterations, repairs or moving, provided the cost
of such work does not exceed $4,000.
(2)Â
Minor repairs. The Building Inspector may authorize minor repairs
or maintenance work on any structure or to heating, ventilating or
air-conditioning systems installed which are valued at less than $1,000
of fair market value as determined by the Building Inspector, which
do not change the occupancy area, exterior aesthetic appearance, structural
strength, fire protection, exits, light or ventilation of the building
or structure without issuance of a building permit.
I.Â
Approval of plans.
(1)Â
If the Building Inspector determines that the building will comply
with this Building Code and with other applicable ordinances and orders
of the City, he shall issue a building permit which shall state the
use to which said building is to be put, which shall be kept and displayed
at the site of the proposed building. After being approved, the plans
and specifications shall not be altered in any respect which involves
any of the above-mentioned ordinances, laws or orders, or which involves
the safety of the building or the occupants, except with the written
consent of the Building Inspector.
(2)Â
(Reserved)
J.Â
Inspection of work. The qualified inspector, as certified by the
Wisconsin Department of Safety and Professional Services, is hereby
authorized and directed to administer and enforce all provisions of
the Wisconsin Administrative Code related to his certification. The
builder shall notify the Building Inspector when ready for inspections
and the Building Inspector may inspect after notification all buildings
at the following states of construction:
K.Â
Inspection warrants. If the Building Inspector is denied access to
inspect a property, he may request the City Attorney to seek an inspection
warrant pursuant to § 66.0119, Wis. Stats.
L.Â
Certificate of occupancy.
(1)Â
Inspections.
(a)Â
The Building Inspector shall make a final inspection of all
new buildings, additions, and alterations. If no violations of this
or any other ordinance be found, the Building Inspector shall issue
a certificate of occupancy, stating the purpose for which the building
is to be used.
(b)Â
No building nor part thereof shall be occupied until such certificate
has been issued, nor shall any building be occupied in any manner
which conflicts with the conditions set forth in the certificate of
occupancy. The responsible party, whether the builder and/or owner,
who occupies a building before the issuance of a certificate of occupancy
shall be subject to double certificate of occupancy fees, along with
other penalties provided in this chapter. It shall be the responsibility
of the responsible party, whether the building and/or owner, to inform
building tenants of the certificate of occupancy requirement.
(2)Â
Use discontinued.
(a)Â
Whenever any building or portion thereof is being used or occupied
contrary to the provisions of this chapter, the Building Inspector
shall order such use or occupancy discontinued, and the building or
portion thereof vacated, by notice served on any person using or causing
such use or occupancy to be continued, and such person shall vacate
such building or portion thereof within 10 days after receipt of the
notice, or make the building or portion thereof comply with the requirements
of this chapter.
(b)Â
Any building, structure, or premises, or any part thereof, hereafter
vacated or damaged by any cause whatsoever so as to jeopardize public
safety or health, shall not hereafter be occupied or used under an
existing certificate of occupancy or without the same until an application
has been filed and a new certificate of occupancy issued.
(3)Â
Change. It shall be unlawful to change the use of any building, structure,
premises, or part thereof without first obtaining from the Building
Inspector an approval of such change in the occupancy or use, and
a certificate of occupancy thereof.
(4)Â
(Reserved)
(5)Â
When a use or occupancy shall be discontinued and a building or portion
thereof vacated. Whenever any building or portion thereof is being
used or occupied contrary to the provisions of this chapter, the Building
Inspector shall order such use or occupancy discontinued and the building
or portion thereof vacated, by notice served on any person using or
causing such use or occupancy to be continued and such person shall
vacate such building or portion thereof within 10 days after receipt
of the notice or make the building or portion thereof comply with
the requirements of this chapter on use and occupancy.
(6)Â
Certificate of occupancy by Fire Chief. The Fire Chief, or his designee,
shall have dual authority with the Building Inspector in the issuance
of certificates of occupancy for multifamily and commercial structures,
places of public assembly, and schools. All authority and power granted
therein to the Building Inspector equally is herein granted to the
Fire Chief for fire inspections of such buildings.
(7)Â
Payment of fees. All fees shall be paid to the City Clerk. Upon presentation
of the City Clerk's receipt showing that the fees prescribed
by this chapter have been paid, the Inspector, upon entering upon
the application the number of the receipt, shall issue to the owner,
or his agent, a building permit.
(8)Â
Lapse/expiration of permit. Work to be done pursuant to the permit
must be commenced within six months of the date of issuance or the
permit shall expire, notwithstanding work pursuant to Ch. SPS 316,
Wis. Adm. Code, which shall expire within one year of the date of
issuance if work has not been commenced. All work to be done pursuant
to the permit must be completed within two years of the date of issuance;
permits shall expire two years from the date of issuance.
M.Â
Revocation of permits.
(1)Â
The Building Inspector or other authorized inspectors may revoke
any building, plumbing, HVAC or electrical permit, certificate of
occupancy, or approval issued under the regulations of this chapter
and may stop construction or use of approved new materials, equipment,
methods of construction, devices or appliances for any of the following
reasons:
(a)Â
Whenever the Building Inspector shall find at any time that
applicable ordinances, laws, orders, plans and specifications are
not being complied with and that the holder of the permit refused
to conform after written warning has been issued to him.
(b)Â
Whenever the continuance of any construction becomes dangerous
to life or property.
(c)Â
Whenever there is any violation of any condition or provisions
of the application for permit or of the permit.
(d)Â
Whenever, in the opinion of the Building Inspector, there is
inadequate supervision provided on the job site.
(e)Â
Whenever any false statement or misrepresentation has been made
in the application for permit, plans, drawings, data specifications
or certified lot or plot plan on which the issuance of the permit
or approval was based.
(f)Â
Whenever there is a violation of any of the conditions of an
approval or certificate of occupancy given by the Building Inspector
for the use of all new materials, equipment, methods or construction
devices or appliances.
(2)Â
The notice revoking a building, plumbing, HVAC or electrical permit,
certificate of occupancy or approval shall be in writing and may be
served upon the applicant of the permit, owner of the premises and
his agent, if any, and on the person having charge of construction.
(3)Â
A revocation placard shall also be posted upon the building, structure,
equipment or premises in question by the Building Inspector.
(4)Â
After the notice is served upon the persons as aforesaid and posted,
it shall be unlawful for any person to proceed thereafter with any
construction operation whatsoever on the premises, and the permit
which has been so revoked shall be null and void, and before any construction
or operation is again resumed, a new permit, as required by this chapter,
shall be procured and fees paid therefor, and thereafter the resumption
of any construction or operation shall be in compliance with the regulation
of this chapter. However, such work as the Building Inspector may
order as a condition precedent to the reissuance of the building permit
may be performed, or such work as he may require for the preservation
of life and safety.
N.Â
Report of violations. City officers shall report at once to the Building
Inspector any building which is being carried on without a permit
as required by this chapter.
O.Â
Display of permit. Building permits shall be displayed in a conspicuous
place on the premises where the authorized building or work is in
progress at all times during construction or work thereon.
A.Â
State Code adopted. The Administrative Code provisions describing
and defining regulations with respect to one- and two-family dwellings
in Chs. SPS 320 through 325, Wis. Adm. Code, are hereby adopted and
by reference made a part of this chapter as if fully set forth herein.
Any act required to be performed or prohibited by an Administrative
Code provision incorporated herein by reference is required or prohibited
by this chapter. Any future amendments, revisions or modifications
of the Administrative Code provisions incorporated herein are intended
to be made part of this chapter to secure uniform statewide regulation
of one- and two-family dwellings in the City of Prescott. A copy of
these Administrative Code provisions and any future amendments shall
be kept on file in the Building Inspector's office.
B.Â
Existing buildings.
(1)Â
The Wisconsin Uniform Dwelling Code shall also apply to buildings
and conditions where:
(a)Â
An existing building is to be occupied as a one- or two-family
dwelling, which building was not previously so occupied.
(b)Â
An existing structure is altered or repaired, when the cost
of such alteration or repair during the life of the structure exceeds
50% of the equalized value of the structure, said value to be determined
by the Building Inspector.
(2)Â
Additions and alterations.
(a)Â
Additions and alterations, regardless of cost, made to an existing building when deemed necessary in the opinion of the Building Inspector shall comply with the requirements of this chapter for new buildings. The provisions of § 259-2 shall also apply.
(b)Â
Any addition or alteration, regardless of cost, made to a building
shall be made in conformity with applicable sections of this chapter.
(3)Â
Roof coverings. Whenever more than 25% of the roof covering of a
building is replaced in any twelve-month period, all roof covering
shall be in conformity with applicable sections of this chapter.
C.Â
ADDITION
ALTERATION
DEPARTMENT
DWELLING
Definitions. As used in this section, the following terms shall have
the meanings indicated:
New construction performed on a dwelling which increases
the outside dimensions of the dwelling.
A substantial change or modification other than an addition
or minor repair to a dwelling or to systems involved within a dwelling.
The Department of Safety and Professional Services.
(1)Â
Any building, the initial construction of which is commenced on or
after the effective date of this chapter which contains one or two
dwelling units; or
(2)Â
MINOR REPAIR
ONE- OR TWO-FAMILY DWELLING
PERSON
UNIFORM DWELLING AND COMMERCIAL CODE
An existing structure, or that part of an existing structure, which
is used or intended to be used as a one- or two-family dwelling.
Repair performed for maintenance or replacement purposes
on any existing one- or two-family dwelling which does 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 does not increase a given occupancy and use.
No building permit is required for work to be performed which is deemed
minor repair.
A building structure which contains one or separate households
intended to be used as a home, residence or sleeping place by an individual
or by two or more individuals maintaining a common household to the
exclusion of all others.
An individual, partnership, firm or corporation.
Those Administrative Code provisions and any future amendments,
revisions or modifications thereto contained in the following chapters
of the Wisconsin Administrative Code:
Chapter SPS 320, Administration and Enforcement
|
Chapter SPS 321, Construction Standards
|
Chapter SPS 322, Energy Conservation
|
Chapter SPS 323, Heating, Ventilating and Air Conditioning
|
Chapter SPS 324, Electrical Standards
|
Chapter SPS 325, Plumbing
|
D.Â
Method of enforcement.
(1)Â
Certification. The Building Inspector authorized by the municipality
to enforce the adopted codes shall be properly certified by the Division
of Industry Services.
(2)Â
Duties. The Building Inspector shall administer and enforce all provisions
of this chapter and the adopted State of Wisconsin Codes.
(3)Â
Inspection powers. The Building Inspector or an authorized certified
agent may at all reasonable hours enter upon any public or private
premises for inspection purposes and may require the production of
the permit for any building, plumbing, electrical or heating work.
No person shall interfere with or refuse to permit access to any such
premises to the Building Inspector or his agent while in performance
of his duties.
(4)Â
Records. The Building Inspector shall perform all administrative
tasks required by the Department under the Uniform Dwelling Code.
In addition, the Inspector shall keep a record of all applications
for building permits in a book for such purpose and shall regularly
number each permit in the order of its issue. Also, a record showing
the number, description and size of all buildings erected indicating
the kind of materials used and the cost of each building and aggregate
cost of all one- and two-family dwellings shall be kept. The Building
Inspector shall make a written annual report to the Common Council
relative to these matters.
A.Â
Portions of State Building Code adopted. Chapters SPS 361 through
366, Wis. Adm. Code (Wisconsin Commercial Building Code), and Chs.
SPS 375 through 379, Wis. Adm. Code (Buildings Constructed Prior to
1914), are hereby adopted and made a part of this chapter with respect
to those classes of commercial buildings to which this Building Code
specifically applies. Any future amendments, revisions and modifications
of said Chs. SPS 361 through 366, Wis. Adm. Code, incorporated herein
are intended to be made a part of this code. A copy of said Chs. SPS
361 through 366, Wis. Adm. Code, and amendments thereto, shall be
kept on file in the office of the Building Inspector.
B.Â
State Plumbing Code adopted. The provisions and regulations of Ch.
145, Wis. Stats., and Chs. SPS 381 through 387, Wis. Adm. Code, are
hereby made a part of this chapter by reference and shall extend over
and govern the installation of all plumbing installed, altered or
repaired in the City. Any further amendments, revisions and modifications
of said Wisconsin Statutes and Administrative Code herein are intended
to be made part of this chapter.
C.Â
State Electrical Code adopted. Subject to the exceptions set forth in this chapter, Ch. SPS 316, Wis. Adm. Code, the Electrical Code, Volume 1, and Rules of Electrical Code, Volume 2, of the Wisconsin Administrative Code are hereby adopted by reference and made a part of this section and shall apply to all buildings, except those covered in § 259-3 above.
D.Â
Conflicts. If, in the opinion of the Building Inspector and the Common Council, the provisions of the State Building Code adopted by Subsection A of this section shall conflict with the provisions of the Federal Housing Administration standards in their application to any proposed building or structure, the Inspector and/or the City shall apply the most stringent provisions in determining whether or not the proposed building meets the requirements of this section.
A.Â
Code compliance. Except as otherwise provided by this chapter, all
installations of electrical equipment shall conform to and comply
with the State Electrical Code, the Wisconsin Statutes, this chapter
and any orders, rules and regulations issued by authority thereof,
and with approved electrical standards for safety to persons and property.
Where no specific standards for safety are prescribed by this chapter
or by the State Electrical Code, conformity with the regulations set
forth in the National Electrical Code and in the National Electrical
Safety Code shall be prima facie evidence of conformity with approved
standards for safety to persons and property.
B.Â
Permit required.
(1)Â
Before any electrical wires or electrical apparatus shall be installed
for lighting or power purposes, or any electrical construction work
done, except minor repair work, a permit therefor shall be obtained
from the Electrical Inspector by a licensed electrician. No permit
shall be issued unless satisfactory proof is furnished to the Electrical
Inspector upon his request that the applicant has been employed to
perform the work or installation and will be responsible for the performance
thereof in the manner required by ordinance and by law; nor unless
proof be submitted that the applicant has paid to the City the fees
herein required. The application for such permit shall be on a form
furnished by the Electrical Inspector and shall state clearly the
work planned, alterations to be made, and equipment and materials
to be used, and all later deviations from such plan must be submitted
to and approved by the Building Inspector.
(2)Â
"Minor repair work" shall be construed to mean the replacement of
broken or defective sockets, snap, push or toggle switches, convenience
outlets and portable electrical appliances.
(3)Â
A permit shall be required for the installation of any outlet and
any electrical wiring for use on any circuit, including wiring for
so-called low-voltage wiring for control of heating, ventilating,
cooling, lighting, signal and communication equipment, excepting signal
systems operated by, and/or in conjunction with, communication systems
installed and maintained by a public utility.
C.Â
Electrical inspections.
(1)Â
It shall be unlawful to connect up the electrical wirings and equipment
of any building to any electrical supply lines or to turn on the current,
unless a certificate of inspection has been issued by the Electrical
Inspector, and it shall be the duty of the electrical utility supplying
service to any building to secure a copy of the certificate of inspection
from the Electrical Inspector before supplying service to such building.
(2)Â
Upon the completion of the construction and installation of the electrical
wiring and equipment of any building, it shall be the duty of the
firm, person or corporation doing the same to notify the Electrical
Inspector who shall inspect the installation within 48 hours of the
time such notice is given. If the installation is found to be in compliance
with the provisions of this chapter, the Inspector shall issue a certificate
of inspection authorizing connection to the electrical service and
the turning on of the current. All wires which are to be concealed
shall be inspected before the concealment, and no other craft shall
cover up or conceal such wires until the installation has been inspected
and approved and officially tagged to this effect by the Electrical
Inspector.
(3)Â
No certificate of inspection shall be issued by the Electrical Inspector
unless the electrical wiring and equipment for light, power, heat
or other similar purposes is safe both with respect to life and fire
hazard, and is in strict conformity with the ordinances of the City,
the statutes of the state and the general or special orders of the
State of Wisconsin adopted under authority of the statutes.
A.Â
All plumbing installations to be inspected.
(1)Â
All plumbing to be inspected. All plumbing systems or installations
within the boundaries of the City and those connecting with the City
water or sewerage system beyond the boundaries are subject to inspection
as required in this chapter.
(2)Â
System of inspection. Whenever any work is ready for inspection,
the Plumbing Inspector shall be notified by the plumber in charge
or person receiving the permit, as directed by the Plumbing Inspector,
specifying the street and number when possible, and the permit number
under which the work is being done. Unless otherwise especially permitted
by the Inspector, all work, either plumbing, water supply piping,
house sewers or drains, shall be left uncovered for examination until
examined and approved by the Inspector. When necessary, the Inspector
shall notify the plumber in charge or the owner of the property at
what time the inspection will be made. The plumber in charge shall
make such arrangements as will enable the Inspector to reach all parts
of the building readily, and shall have present the proper apparatus
and appliances for making the test and performance of plumbing work.
Failure to respond promptly to official communications shall be deemed
a sufficient reason for withholding permits and the plumber shall
be held responsible for the violation of these regulations by himself
or any of his employees.
(3)Â
Responsibility of property owners for repairs. Repairs of any drainage
or waste pipe carrying domestic sewage from outside the foundation
walls of any building or structure to and including the connection
with the "Y" in the sewer main, including private domestic sewage
treatment and disposal systems, such as stoppage of leaks in supply
or waste pipes, clearing stoppages in waste pipes and repairing valves
or faucets in the drainage or waste pipe, shall be the sole responsibility
of the property owner except that in the event such leak or stoppage
or defective valve or faucet is located between the "Y" (including
its connection with the "Y") in the sewer main and the end of the
sewer service lateral to the curb or other disposal terminal, then
the City shall be responsible for such repairs but shall charge the
cost of such repairs to the property owner.
B.Â
Plumbing Inspector to have supervision of sewers. All sewer service
laterals will be under the supervision of the Plumbing Inspector,
and no sewer service lateral shall be laid and no opening into or
connection with a sewer service lateral shall be made, except under
his direction and supervision.
C.Â
Permit to connect with public sewer system.
(1)Â
Permit required. No person, firm or corporation shall open any street,
alley or public place for the purpose of connecting to a sewer lateral
or other terminal, lay any house sewer or drain pipe or make any attachment
or extension to any old drain or house sewer, or do any kind of work
whatsoever in connection with any public or private sewer inside or
outside of any building, except repairs, without first obtaining from
the Plumbing Inspector a written permit to connect with the public
sewer system.
(2)Â
Application for permit. Such permit shall be granted only upon written
application by a licensed master plumber, authorized by the owner
or agent of the premises desiring to make such connection, extension
or alteration, stating the name of the owner and that he and such
master plumber will be bound by and be subject to all the rules and
regulations prescribed by the Plumbing Inspector and Common Council,
and giving the exact location of the premises, stating the purpose
for which the connection, extension or alteration is to be used and
the time when the work is to be done, and all other particulars in
respect thereto.
(3)Â
Permit required before laying drains. No work of laying house sewers
or storm drains that are on the premises and in the hands of a master
plumber or one employed by him shall be commenced or continued without
the required permit to connect with the public sewer, which shall
be issued by the Plumbing Inspector.
A.Â
All materials, methods of construction and devices designed for use
in buildings or structures covered by this chapter and not specifically
mentioned in or permitted by this chapter shall not be so used until
approved in writing by the State Department of Safety and Professional
Services for use in buildings or structures covered by the Wisconsin
State Building Code, except sanitary appliances, which shall be approved
in accordance with the State Plumbing Code.
B.Â
Such materials, methods of construction and devices, when approved,
must be installed or used in strict compliance with the manufacturer's
specifications and any rules or conditions of use established by the
State Department of Safety and Professional Services. The data, test
and other evidence necessary to prove the merits of such material,
method of construction or device shall be determined by the State
Department of Safety and Professional Services.
Whenever the Common Council, upon the inspection and report
of the Building Inspector or other authorized inspector, finds any
building or part thereof within the City to be, in its judgment, so
old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary
or otherwise unfit for human occupancy or use and so that it would
be unreasonable to repair the same, the Council may order the owner
to raze and remove such building or part thereof or, if it can be
made safe by repairs, to repair and make safe and sanitary, or to
raze and remove at the owner's option. The Council shall give
specific reasons for its determination. Such order and proceedings
shall be as provided in § 66.0413, Wis. Stats.
The purpose of the inspections under this chapter is to improve
the quality of housing in the City. The inspections and the reports
and findings issued after the inspections are not intended as, nor
are they to be construed, as a guarantee. In order to so advise owners
and other interested persons the following disclaimer shall be applicable
to all inspections: "These findings of inspection contained herein
are intended to report conditions of noncompliance with code standards
that are readily apparent at the time of inspection. The inspection
does not involve a detailed examination of the mechanical systems
or the closed structural and nonstructural elements of the building
and premises. No warranty of the operation, use or durability of equipment
and materials not specifically cited herein is expressed or implied."
Private garages shall be built in accordance with the general
construction standards established in the Wisconsin Uniform Dwelling
Code and the accessory building requirements of the City of Prescott
Zoning Code.
A.Â
No building within the City of Prescott shall be razed without a
permit from the Building Inspector. A snow fence or other approved
barricade shall be provided as soon as any portion of the building
is removed and shall remain during razing operations. After all razing
operations have been completed, the foundation shall be filled at
least one foot above the adjacent grade, the property raked clean,
and all debris hauled away. Razing permits shall lapse and be void
unless the work authorized thereby is commenced within six months
from the date thereof or completed within 30 days from the date of
commencement of said work. Any unfinished portion of work remaining
beyond the required 30 days must have special approval from the Building
Inspector.
B.Â
All debris must be hauled away at the end of each week for the work
that was done during that week. Combustible material shall not be
used for backfill but shall be hauled away. There shall not be any
burning of materials on the site of the razed building. If any razing
or removal operation under this section results in, or would likely
result in, an excessive amount of dust particles in the air creating
a nuisance in the vicinity thereof, the permittee shall take all necessary
steps, by use of water spraying or other appropriate means, to eliminate
such nuisance. The permittee shall take all necessary steps, prior
to the razing of a building, through the employment of a qualified
person in the field of pest control or by other appropriate means,
to treat the building as to prevent the spread and migration of rodents
and insects therefrom during and after the razing operations.
A.Â
Basement subflooring. First floor subflooring shall be completed
within 45 days after the basement is excavated.
B.Â
Fencing of excavations. The owner of any premises on which there
exists an opening or excavation after 45 days as to constitute a hazard
to pedestrian or vehicular traffic shall erect a fence, wall or railing
at least four feet high between such opening or excavation and the
public right-of-way.
C.Â
Closing of abandoned excavations. Any excavation for building purposes
or any uncovered foundation which shall remain open for more than
45 days shall be deemed abandoned and a nuisance and the Building
Inspector shall order that unless the erection of the building or
structure on the excavation or foundation shall commence or continue
forthwith suitable safeguards shall be provided to prevent accidental
injury to children or other frequenters or that the excavation or
foundation be filled to grade. Such order shall be served upon the
owner of record or the owner's agent, where an agent is in charge
of the premises, and upon the holder of an encumbrance of record in
the manner provided for service of a summons in the Circuit Court.
If the owner or the holder of an encumbrance of record cannot be found,
the order may be served by posting it on the premises and making publication
in the official newspaper for two consecutive publications at least
10 days before the time for compliance stated in the order commences
to run. Such time shall be not less than 14 nor more than 20 days
after service. If the owner of the land fails to comply with the order
within the time required, the Building Inspector shall cause the excavation
or foundation to be filled to grade. The cost of such abatement shall
be charged against the real estate and entered on the next succeeding
tax roll as a special charge and shall bear interest at a rate established
by the Common Council from the date of the report by the Building
Inspector on the cost thereof, pursuant to the provisions of § 66.0627,
Wis. Stats.
D.Â
Vacant buildings. Whenever any building or structure is vacant and
the doors and windows or any part thereof have been removed or opened,
leaving the interior of such building or structure exposed to the
elements and accessible to trespassers, then such building or structure
shall be deemed to be dangerous, unsafe, and a menace to public safety.
The Building Inspector shall give the owner thereof written notice
to secure said building or structure and comply with City Code requirements
within 30 days of the date of said notice. Failure to comply with
said written notice shall be sufficient grounds for the Building Inspector
to condemn and raze said building or structure in accordance with
the applicable provisions of § 66.0413(2)(a), Wis. Stats.
A.Â
Discharge. No person shall cause, allow or permit any roof drain,
surface drain, subsoil drain, drain from any mechanical device, gutter,
ditch, pipe, conduit, sump pump or any other object or thing used
for the purposes of collecting, conducting, transporting, diverting,
draining or discharging clear water from any part of any private premises
owned or occupied by said person to discharge into a sanitary sewer.
B.Â
Nuisance. The discharge into a sanitary sewer from any roof drain,
surface drain, subsoil drain, drain from any mechanical device, gutter,
ditch, pipe, conduit, sump pump or any other object or thing used
for the purposes of collecting, conducting, transporting, diverting,
draining or discharging clear water from any part of any private premises
is hereby declared to be a public nuisance and a hazard to the health,
safety and well-being of the residents of the City and to the protection
of the property.
C.Â
Groundwater. Where deemed necessary by the Building Inspector, every
house shall have a sump pump installed for the purpose of discharging
clear waters from foundation drains and ground infiltration and where
the building is not serviced by a storm sewer shall either discharge
into an underground conduit leading to a drainage ditch, gutter, dry
well or shall discharge onto the ground surface in such other manner
as will not constitute a nuisance as defined herein.
D.Â
Stormwater. All roof drains, surface drains, drains from any mechanical
device, gutters, pipe, conduits or any other objects or things used
for the purpose of collecting, conducting, transporting, diverting,
draining or discharging stormwaters shall be discharged either to
a storm sewer, a dry well, an underground conduit leading to a drainage
ditch or onto the ground surface in such other manner as will not
constitute a nuisance as defined herein.
E.Â
Storm sewer lateral. Where municipal storm sewers are provided and
it is deemed necessary by the property owner and/or the City to discharge
clear waters from a parcel of land, a storm sewer lateral shall be
installed and connected to the storm sewer main at the expense of
the owner.
F.Â
Conducting tests. If the Building Inspector or his designated agent
suspects an illegal clear water discharge as defined by this chapter
or by any other applicable provision of the Wisconsin Administrative
Code as it may, from time to time, be amended, he may, upon reasonable
notice and at reasonable times, enter the private premises where such
illegal clear water discharge is suspected and conduct appropriate
tests to determine whether such suspected illegal clear water discharge
actually exists.
A.Â
General requirements.
(1)Â
No person shall move any building or structure upon any of the public
ways of the City of Prescott without first obtaining a permit therefor
from the Building Inspector and upon the payment of the required fee.
Every such permit issued by the Building Inspector for the moving
of a building shall designate the route to be taken, the conditions
to be complied with and shall limit the time during which said moving
operations shall be continued.
(2)Â
A report shall be made by City employees with regard to possible
damage to trees. The estimated cost of trimming, removal and replacement
of public trees, as determined by the City, shall be paid to the Building
Inspector prior to issuance of the moving permit.
(3)Â
Issuance of moving permit shall further be conditioned on approval
of the moving route by the Common Council.
B.Â
Continuous movement. The movement of buildings shall be a continuous
operation during all the hours of the day and at night, until such
movement is fully completed. All such operations shall be performed
with the least possible obstruction to thoroughfares. No building
shall be allowed to remain overnight upon any street crossing or intersection
or so near thereto as to prevent easy access to any fire hydrant or
any other public facility. Lights shall be kept in conspicuous places
at each end of the building during the night.
C.Â
Street repair. Every person receiving a permit to move a building
shall, within one day after said building reaches its destination,
report that fact to the Director of Public Works, who shall inspect
the streets, highways and curbs and gutters over which said building
has been moved and ascertain their condition. If the removal of said
building has caused any damage to any street or highway, the person
to whom the permit was issued shall forthwith place them in as good
repair as they were before the permit was granted. On the failure
of the said permittee to do so within 10 days thereafter to the satisfaction
of the Common Council, the City shall repair the damage done to such
streets and hold the person obtaining such permit and the sureties
on his bond responsible for the payment of same.
D.Â
Conformance with code. No permit shall be issued to move a building
within or into the City and to establish it upon a location within
the said City until the Building Inspector has made an investigation
of such building at the location from which it is to be moved and
is satisfied from such investigation that said building is in a sound
and stable condition and of such construction that it will meet the
requirements of this Building Code in all respects. A complete plan
of all further repairs, improvements and remodeling with reference
to such building shall be submitted to the Building Inspector, and
he shall make a finding of fact to the effect that all such repairs,
improvements and remodeling are in conformity with the requirements
of this Building Code and that, when the same are completed, the building
as such will so comply with said Building Code. In the event a building
is to be moved from the City to some point outside the boundaries
thereof, the provisions with respect to the furnishing of plans and
specifications for proposed alterations to such building may be disregarded.
E.Â
Bond.
(1)Â
Before a permit is issued to move any building over any public way
in the City, the party applying therefor shall give a bond to the
City of Prescott in a sum to be fixed by the Building Inspector and
which shall not be less than $5,000, said bond to be executed by a
corporate surety or two personal sureties to be approved by the Common
Council or designated agent conditioned upon, among other things,
the indemnification to the City for any costs or expenses incurred
by it in connection with any claims for damages to any persons or
property, and the payment of any judgment together with the costs
and expenses incurred by the City in connection therewith arising
out of the removal of the building for which the permit is issued.
(2)Â
Unless the Building Inspector, upon investigation, shall find it to be a fact that the excavation exposed by the removal of such building from its foundation shall not be so close to a public thoroughfare as to permit the accidental falling therein of travelers or the location, nature and physical characteristics of the premises and the exposed excavation, such as to make intrusion upon the premises and the falling into such excavation of children under 12 years of age unlikely, the bond required by Subsection E(1) shall be further conditioned upon the permittee erecting adequate barriers and within 48 hours, filling in such excavation or adopting and employing such other means, devices or methods approved by the Building Inspector and reasonably adopted or calculated to prevent the occurrences set forth herein.
F.Â
Insurance. The Building Inspector shall require, in addition to the
said bond above indicated, public liability insurance covering injury
to one person in the sum of not less than $100,000 and for one accident
in a sum not less than $200,000, together with property damage insurance
in a sum not less than $50,000, or such other coverage as deemed necessary.
Fees for building, electrical, plumbing, HVAC and other related
permits shall be as established by resolution of the Common Council.
If any section, clause, provision or portion of this chapter,
or of the Wisconsin Administrative Code adopted by reference, is adjudged
unconstitutional or invalid by a court of competent jurisdiction,
the remaining provisions shall not be affected.
A.Â
Any building or structure hereafter erected, enlarged, altered or repaired or any use hereafter established in violation of the provisions of this chapter shall be deemed an unlawful building, structure or use. The Building Inspector or other authorized inspectors shall promptly report all such violations to the Common Council and City Attorney, who shall bring an action to enjoin the erection, enlargement, alteration, repair or moving of such building or structure or the establishment of such use of buildings in violation of this chapter or to cause such building, structure or use to be removed, and such violation may also be subject to a penalty as provided in § 1-4 of this Code. In any such action, the fact that a permit was issued shall not constitute a defense, nor shall any error, oversight or dereliction of duty on the part of the Building Inspector or other City officials constitute a defense. Compliance with the provisions of this chapter may also be enforced by injunctional order at the suit of the owner or owners of any real estate within the jurisdiction of this chapter.
B.Â
Notice of violation.
(1)Â
If an inspection reveals a noncompliance with this chapter or the
Uniform Dwelling Code, the Building Inspector shall notify the applicant
and the owner, in writing, of the violation to be corrected. All cited
violations shall be corrected within 30 days after written notification
unless an extension of time is granted pursuant to § SPS
320.21, Wis. Adm. Code.
(2)Â
If, after written notification, the violation is not corrected within
30 days, a stop-work order may be served on the owner or his or her
representative and a copy thereof shall be posted at the construction
site. Such stop-work order shall not be removed except by written
notice of the Building Inspector after satisfactory evidence has been
supplied that the cited violation has been corrected.
(3)Â
Each day each violation continues after the thirty-day written notice
period has run shall constitute a separate offense. Nothing in this
chapter shall preclude the City from maintaining any appropriate action
to prevent or remove a violation of any provision of this chapter
or the Uniform Dwelling Code.
(4)Â
If any construction or work governed by the provisions of this chapter
or the Uniform Dwelling Code is commenced prior to the issuance of
a permit, double fees shall be charged.
C.Â
Any person feeling aggrieved by an order or a determination of the
Building Inspector may appeal from such order or determination to
the Zoning Board of Appeals. Those procedures customarily used to
effectuate an appeal to the Zoning Board of Appeals shall apply.
D.Â
Except as may otherwise be provided by the statute or ordinance,
no officer, agent or employee of the City of Prescott charged with
the enforcement of this chapter shall render himself personally liable
for any damage that may accrue to persons or property as a result
of any act required or permitted in the discharge of his duties under
this chapter. Any suit brought against any officer, agent or employee
of the City as a result of any act required or permitted in the discharge
of his duties under this chapter shall be defended by the legal representative
of the City until the final determination of the proceedings therein.