A.
Title. This chapter shall be known as the "Building
Code of the City of Onalaska" and will be referred to in this Title
as "this code," "this chapter" or "this Title."
B.
Purpose. The purpose of this chapter is to:
1.
Exercise jurisdiction over the construction and inspection of new
one-family and two-family dwellings, additions or alterations to existing
one- and two-family dwellings by inspectors certified by the Wisconsin
Department of Safety and Professional Services (DSPS).
2.
Provide for plan review and on-site inspections of one- and two-family
dwellings by inspectors certified by the State Department of Safety
and Professional Services.
3.
Provide for review and on-site inspection of commercial structures
to the extent permitted by and subject to state law.
4.
Provide for the collection and establishment of fees to defray administrative
costs.
5.
To adopt relevant state statutes and administrative code provisions
to promote the interests stated in this section.
C.
Uniform Dwelling Code.
1.
State Uniform Dwelling Code adopted. Wis. Adm. Code
Ch. SPS 321 through Chs. SPS 325 and 327, in associations with § SPS
321.40, Installation standards, are hereby adopted by reference and
made part of this chapter as if fully set forth. Any act required
to be performed or prohibited by any such provision is required or
prohibited by this chapter. Future amendments, revisions, or modifications
of the Wisconsin Administrative Code provisions incorporated in this
chapter are intended to be made a part of this chapter to secure uniform
state regulation of one-family and two-family dwellings in this City.
The Wisconsin Administrative Codes, as adopted in this chapter, are
intended to apply to additions and alterations to one- and two-family
dwellings, including existing one-family and two-family dwellings,
which were built prior to December 1, 1978 (effective adoption date
of the Uniform Dwelling Code), detached garages, accessory buildings,
as well as new construction. A copy of these Wisconsin Administrative
Code provisions and any future amendments shall be kept on file in
the office of the City Building Inspector.
2.
Enforcement and right to inspect. The Inspection Department
is hereby authorized and directed to administer and enforce all of
the provisions of the Uniform Dwelling Code. The Inspection Department,
as a condition of the issuance of a building permit, shall have the
authority to enter at any reasonable time during normal work hours,
during the course of the work and until final inspection and approval
thereof has been given to inspect such premises for compliance of
all state and municipal codes in this chapter.
A.
Permit required.
1.
General permit requirement. No one-family or two-family
dwelling shall be built, enlarged, altered or repaired unless a building
permit for that work shall first be obtained by the owner or their
agent from the Inspection Department. Application for a building permit
shall be in writing upon the form designated by the State Uniform
Dwelling Permit Application.
2.
Alterations and repairs. No addition, alteration or
repair to an existing one-family or two-family dwelling shall be undertaken
unless a building permit for this work is first obtained by the owner
or their agent from the Inspection Department. The Inspection Department
may not require a permit for minor repairs (i.e., repairs or alterations
not affecting occupancy, area, structural integrity, fire protection,
exits, lighting or ventilation).
3.
Dedicated street and approved subdivision required. 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 land
division and required improvements are accepted by the Common Council
upon recommendation of the Plan Commission.
4.
Utilities required.
a.
Residential/UDC buildings. No building permit shall
be issued for the construction of any one- and two-family dwellings
until sewer, water, grading, graveling, and pavement are installed
in the streets necessary to service the property for which the permit
is required.
b.
Nonresidential building. No building permit shall
be issued for the construction of any building other than residential
until contracts have been let for the installation of sewer, water,
grading, graveling, and pavement in the streets necessary to service
the property for which the permit is requested.
c.
Occupancy. No person shall occupy any building
until sewer, water, grading, graveling, and pavement are installed
in the streets necessary to service the property and a certificate
of occupancy shall not be issued until such utilities are available
to service the property.
d.
Utility service not available. If municipal sewer
and water are not available, no building permit or occupancy permit
will be issued until plans are provided for a private domestic sewage
treatment and disposal system and an approved well system. The installation
of the above-mentioned systems must be approved by the City Engineer,
Inspection Department, and La Crosse County in charge of issuing the
applicable state permits.
5.
Accessory structures. No accessory building or structure,
including detached garages, open sheds, roof-covered patios, gazebos,
pergolas, or any other accessory building or structure shall be constructed,
enlarged, altered or repaired unless a building permit for that work
shall first be obtained by the owner or their agent from the Inspection
Department. Further, accessory structures may only be constructed
on a parcel after a principal structure has been established.
6.
One-family and two-family homes built prior to December 1,
1978. No addition, alteration, or repair to a one-family or
two-family dwelling that was built before December 1, 1978, as per
the effective date of the adoption of the Uniform Dwelling Code shall
be undertaken unless a building permit for this work is first obtained
by the owner or their agent from the Inspection Department. The Inspection
Department may not require a permit for minor repairs [i.e., repairs
as defined in § SPS 320.05(3), Wis. Adm. Code, of the Uniform
Dwelling Code, alterations not affecting occupancy, area, structural
integrity, fire protection, exits, lighting or ventilation].
7.
Submission of plans. The applicant shall submit two
sets of plans along with a comprehensive site plan and soil erosion
control plan for new construction to one-family and two-family dwellings
at the time that the building permit application is filed. All required
plans submitted for approval shall be accompanied by sufficient data,
calculations and information to determine if the dwelling will meet
the minimum requirements of the Uniform Dwelling Code.
8.
Required inspections and requests. Prior to concealment
of any electrical, plumbing, or HVAC installations, buildings shall
be inspected at such times and in such manner to be in accordance
with all state and local codes, ordinances, or rules applicable thereto.
No structural portion of any building or structure shall be covered
or concealed until the completion of the required inspections and
approval by the Inspection Department. The permit applicant or an
authorized representative shall notify the Building Inspector after
completion of the required inspections as listed below (inspection
types) orally, email or in writing. The Inspection Department shall
make a reasonable effort to conduct all inspections in a timely manner.
Work shall not proceed until required inspections have been completed
and approval by the Inspection Department, except that construction
may proceed if an inspection has not been performed within two business
days after proper notification has been given.
9.
Inspection types. The following inspections shall be
completed for all projects whenever applicable:
a.
Erosion control inspection. Erosion control measures
shall be inspected after implementation and concurrently with the
following required inspections for proper maintenance.
b.
Building sanitary, storm and water service inspection. The building sanitary, storm sewer and water service shall be inspected
in accordance with § SPS 382.21(1), Wis. Adm. Code, of the
State Plumbing Code prior to be covered or concealed.
c.
Foundation excavation inspection. The excavation
for the foundation shall be inspected after the placement of any forms
or required reinforcement and prior to the placement of the permanent
foundation material. If a drain tile system is required, by the local
inspector or by groundwater levels in the excavation, the presence
and location of bleeders used to connect the interior and exterior
drain tile shall be inspected at the same time as the excavation.
d.
Foundation inspection. The foundation shall be
inspected after completion. Where dampproofing, exterior insulation
or drain tile are required for code compliance, the foundation shall
be inspected prior to backfilling.
e.
Underground building drains and drain tile inspection. Plumbing building drain, drain tile, washed stone base, and required
sub slab vapor retarder shall be inspected prior to backfilling or
placement of basement slab floors.
f.
Rough inspection. General building construction
(basement floor area, framing), plumbing, HVAC, and electrical installations
shall be inspected after all work is complete, but before any of the
installations are covered or concealed.
g.
Insulation inspection. Insulation, vapor retarders,
air barriers, and exterior drainage planes shall be inspected after
installation is complete, but before any of the installations are
covered or concealed.
h.
Final inspection. The dwelling shall not be occupied
until a final inspection has been made. The permit applicant shall
notify the Inspection Department orally or by written notification
for a final inspection upon completion of the permitted work. The
final inspection shall be performed within five business days after
proper notification and prior to the issuance of a certificate of
occupancy. The Inspection Department shall notify the applicant and/or
owner, in writing, of any code violations to be corrected. All code
violations shall be corrected within 30 days after written notification
unless an extension of time is granted. Failure to obtain a final
inspection upon completion of the permitted work, and/or correct noted
code violations prior to occupancy, and refusing or neglecting to
pay for previous permits shall be considered in violation of this
section and may be subjected to citations and/or a reinspection fee.
The Inspection Department may refuse to issue permits to any person
or applicant who has refused or neglected to correct any violations
of this chapter.
i.
Stop-work order. If a noted violation is not corrected
within 30 days, a stop-work order may be served on the owner or the
owner's representative, and a copy shall be posted at the construction
site. Such stop-work order shall not be removed except by written
notice of the Inspection Department after satisfactory evidence has
been provided that the noted violation(s) have been corrected.
10.
Inspection disclaimer. All inspections are intended
to cite conditions of noncompliance in accordance with all state and
local code standards that are evident at the time of inspections.
An inspection does not involve a thorough examination to all appliances,
mechanical systems, and closed structural elements of the building
or structure.
11.
Certificate of occupancy and use.
a.
One- and two-family dwellings. No one-family and
two-family dwelling shall be used or occupied until the Inspection
Department has issued a certificate of temporary occupancy or a certificate
of occupancy. The certificate of occupancy shall state that the work
has been completed, all violations have been corrected on the final
inspection report and that the use or occupancy complies with provisions
of this chapter.
b.
Temporary occupancy. The Inspection Department
may issue a temporary occupancy permit for a part or parts of a building
or structure, before the entire work covered by a building permit
shall have been completed, provided such portions may be occupied
safely prior to full completion of the structure without endangering
life or public welfare. No such partial occupancy permit may be issued
prior to full compliance with those provisions of state statute and
the Wisconsin Administrative Code that affect health and safety or
before full completion of accessible routes to, into and through the
structure exist. A temporary occupancy permit may be issued for a
period not exceeding six months, except as specifically approved by
the Inspection Department for weather-related or similar-type delays.
A temporary occupancy permit shall not be granted until all applicable
fees, including necessary inspection fees, have been paid. Applications
for temporary occupancy shall be on such form as provided by the Inspection
Department.
A.
Wisconsin Uniform Commercial Building Code (UCBC). Wis.
Adm. Code Ch. SPS 361, Chs. SPS 360 to SPS 366, and "International
(I) Codes," are hereby adopted by reference and made part of this
chapter as if fully set forth. Any act required to be performed or
prohibited by any such provision is required or prohibited by this
chapter. Any future amendments, revisions, or modifications of the
State Commercial Building Code provisions incorporated in this chapter
are intended to be made a part of this chapter to secure uniform state
regulations.
B.
Commercial buildings. Notwithstanding the provisions
of the State Uniform Commercial Building Code, no commercial building
(i.e., any building not covered by the Uniform Dwelling Code) shall
be built, enlarged, altered or repaired unless a building permit for
that work has first been obtained by the owner or owner's agent from
the Inspection Department. Application for such building permit shall
be made as required by § SPS 361.30. Wis. Adm. Code, and
a copy of such permit, together with the plans and specifications
for such construction activities, shall be filed with the Inspection
Department for review in accordance with the requirements of the Ch.
SPS 361, Wis. Adm. Code, and the State Uniform Commercial Building
Code, Chs. SPS 360 to SPS 366, Wis. Adm. Code.
C.
Design. Pursuant to § 443.14, Wis. Stats.,
a public building, structure or place of employment shall be designed
by an architect or an engineer, except as provided under §§ 443.14
and 443.15, Wis. Stats.; pursuant to Ch. 443, Wis. Stats., a component
or a system, including an electrical system, a fire-protection system,
a heating, ventilating and air-conditioning system shall be designed
by an architect, engineer, or a designer of engineering systems, except
as provided under §§ 443.14 and 443.15, Wis. Stats.
1.
Pursuant to § SPS 361.30(1), Wis. Adm. Code, the following
buildings are exempt from state plan review containing less than 25,000
cubic feet in volume:
D.
Supervision pursuant to § SPS 361.40, Wis. Adm. Code.
1.
Except as noted below, the proposed construction of a project within
the scope of this code shall be supervised by one or more Wisconsin-registered
architects or engineers, except that Wisconsin-registered designers
may supervise the installation of heating, ventilating and air-conditioning
systems, fire-protection systems and illumination systems. The person
responsible for supervision shall also be responsible for the construction
and installation being in substantial compliance with the approved
plans and specifications. If the supervising architect, engineer or
designer is confronted with a nonconformance with the code during
or at the end of construction, that party, together with the designing
architect, engineer or designer, shall effect compliance or shall
notify the Inspection Department of the noncompliance.
2.
Compliance statement. Pursuant to § SPS 361.40(4),
Wis. Adm. Code, initial occupancy of a new building or addition and
final occupancy of an alteration of an existing building, the supervising
architect, engineer, or designer shall file a written statement with
the authority that issued plan approval certifying that, to the best
of their knowledge and belief, construction of that portion to be
occupied has been performed in substantial compliance with the approved
plans and specifications. This statement shall be provided on a form
prescribed by the Department of Safety and Professional Services.
E.
Occupancy and use.
1.
Certificate of occupancy and use. No building shall
be used or occupied until the Inspection Department has issued a certificate
of temporary occupancy or a certificate of occupancy. The certificate
of occupancy shall state that the work has been completed, all violations
have been corrected on the final inspection report and that the use
or occupancy complies with provisions of this chapter.
2.
Temporary occupancy. The Inspection Department may issue
a temporary occupancy permit for a part or parts of a building or
structure before the entire work covered by a building permit shall
have been completed, provided such portions may be occupied safely
prior to full completion of the structure without endangering life
or public welfare. No such partial occupancy permit may be issued
prior to full compliance with those provisions of state statute and
the Wisconsin Administrative Code that affect health and safety or
before full completion of accessible routes to, into and through the
structure exist. A temporary occupancy permit may be issued for a
period not exceeding six months, except as specifically approved by
the Inspection Department for weather-related or similar-type delays.
A temporary occupancy permit shall not be granted until all applicable
fees, including necessary inspection fees have been paid. Applications
for temporary occupancy shall be on such form as provided by the Inspection
Department.
F.
Change of occupancy or use. Pursuant to § SPS
361.03(11), Wis. Adm. Code, except as provided herein, no change may
be made in the use or occupancy of any building or structure, or any
space within a building or structure, that would place the building,
structure or space either in a different division of the same group
of occupancies or in a different group of occupancies, unless the
building, structure or space complies with this code's requirements
for the new division or group of occupancies, as these requirements
exist on the following dates:
1.
Pursuant to § SPS 361.30, Wis. Adm. Code, the date when
plans for the change in occupancy or use are approved by the Inspection
Department;
2.
The date a local building permit is issued, if plan submittal and
approval is not required under § SPS 361.30, Wis. Adm. Code;
3.
The date construction is initiated, where Subsection F.1. and 2.
above do not apply;
4.
The date an occupancy permit is issued, where Subsection F.1. through
3. do not apply.
G.
Existing buildings and structures. Unless otherwise
stated in the State Uniform Commercial Building Code, an existing
building or structure and every element, system or component of an
existing building or structure shall be maintained to conform with
the building code requirements that applied when the building, structure,
element, system, or component was constructed, and to conform to the
International Existing Building Code as adopted into the Uniform Commercial
Building Code.
A.
No building within the City of Onalaska shall be razed without a
permit from the Inspection Department. 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 Inspection
Department.
B.
All debris must be hauled away at the end of each day for the work
that was done on that day. No combustible material shall 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.
C.
Insurance requirements for razing buildings. The City
shall require, in addition to the said bond above indicated, a certificate
of insurance naming the City as an additional insured with the City
Clerk, giving evidence of liability insurance in the following amounts:
public liability, bodily injury: $1,000,000 each occurrence, $2,000,000
aggregate; property damage: $500,000 each occurrence, $2,000,000 aggregate.
D.
Asbestos abatement/removal. The City shall require all
asbestos material to be appropriately abated per Ch. NR 447, Wis.
Adm. Code. All properties being razed must be inspected for the presence
of asbestos-containing materials prior to demolition. Notification
must be submitted to the DNR regardless of whether or not asbestos
is present and a copy of the inspector's report submitted to the Inspection
Department. All regulated asbestos-containing materials must be properly
removed before beginning demolition.
A.
General requirements.
1.
No person shall move any building or structure upon any of the public
ways of the City of Onalaska without first obtaining a permit therefor
from the Inspection Department and upon the payment of the required
fee. Every such permit issued by the Inspection Department 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.
Issuance of moving permit shall further be conditioned on approval
of the moving route.
3.
Applicant shall provide copies of all state permits as required.
B.
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.
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 Inspection Department, inspect the trees,
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 Director of Public Works, 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.
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 Inspection Department 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 Inspection
Department, and it shall make a finding of fact to the effect that
all such repairs, improvements and remodeling are in conformity with
the requirements of this code and that, when the same are completed,
the building as such will so comply with said 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.
Bond.
1.
Before a permit to move any building is granted by the Inspection
Department, the party applying therefor shall give a bond in the sum
of $10,000 with good and sufficient sureties to be approved by the
City of Onalaska conditioned, among other things, that said party
will save and indemnify judgments, costs and expenses which may, in
any way, accrue against the City and will save the City harmless against
all liabilities, judgments, costs and expense in consequence of granting
of such permit.
F.
Insurance. The City shall require, in addition to the
said bond above indicated, a certificate of insurance naming the City
as an additional insured with the Inspection Department, giving evidence
of liability insurance in the following amounts: public liability,
bodily injury: $1,000,000 each occurrence, $2,000,000 aggregate. property
damage: $500,000 each occurrence, $1,000,000 aggregate; auto liability,
bodily injury: $100,000 each occurrence, $300,000 aggregate, property
damage: $100,000 each occurrence.
A.
Issuance of permits. If the Inspection Department finds
that the proposed building repair, alteration or addition complies
with all City ordinances and the Uniform Dwelling Code, the Inspection
Department shall approve the application. The issued building permit
shall be posted in a conspicuous place at the building site. A copy
of any issued building permit shall be kept on file with the Inspection
Department. All issued permit becomes null and void if work or construction
authorized is not commenced within 12 months or if construction or
work is suspended or abandoned for a period of 12 months at any time
after work is commenced.
B.
Before issuing a building permit required under this chapter, the
owner or their agent shall pay to the Inspection Department the necessary
building permit fee as set forth on the City of Onalaska Fee Schedule
approved each year by resolution of the Common Council.[1] Such fees may include late fees, inspection fees, fees
for expedited process and fees for professional services.
[1]
Editor's Note: The current Fee Schedule in on file in the
City offices.
C.
For all fees based upon building square footage, the square footage
calculations shall include all floor levels, basements, attached garages,
mezzanines, occupied roofs and all spaces enclosed under a room. All
fees so calculated shall be rounded to the nearest dollar.
D.
Permit duration. All permits requiring state approval
and all permits for initial construction of one-family and two-family
dwellings shall be valid as stated in § SPS 320.09(9)(5),
Wis. Adm. Code, from date of issuance. All plan approvals and extensions
of plan approvals shall be valid as stated in § SPS 361.36(1)
and (2), Wis. Adm. Code. All other permits shall be valid for one
year from date of issuance. Renewal of expired permits shall include
fee assessments for such renewal in addition to other fees required
by law.
