Village of Balsam Lake, WI
Polk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Balsam Lake as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 126.
Open burning — See Ch. 132.
Driveways — See Ch. 153.
Nuisances — See Ch. 227.
Subdivision of land — See Ch. 272.
Water and sewers — See Ch. 293.
Zoning — See Ch. 300.
[Adopted 11-5-1990 as Ch. 14 of the 1990 Code]

§ 122-1 Permits; violations to be reported; records.

A. 
General permit requirement. No building, plumbing or electrical work shall be performed in the Village unless a permit therefor is obtained as required by the provisions of this article.
B. 
Fees. Permit fees shall be as adopted by resolution of the Village Board and on file in the office of the Village Clerk-Treasurer.
C. 
Permit lapses. A building, electrical or plumbing permit shall lapse and be void unless operations under the permit are commenced within six months from the date of issuance thereof.
D. 
Revocation. If the Zoning Administrator shall find at any time that any ordinances, laws, orders, plans and specifications are not being complied with and that the holder of the permit refuses to conform after a written warning or instruction has been issued to him, he shall revoke the building, electrical or plumbing permit by written notice posted at the site of the work. When any such permit is revoked, no person shall do any further work thereunder until the permit is reissued, excepting such work as the Zoning Administrator may order to be done as a condition precedent to the reissuance of the permit or as he may require for the preservation of human life and safety of property.
[Amended 4-3-2006 by Ord. No. 2006-2]
E. 
Report of violations. All Village officers shall report at once to the Zoning Administrator any building, electrical or plumbing work which is being carried on without a permit as required by this article.
F. 
Records. The Zoning Administrator shall keep a record of all permits, fees and inspections and shall make an annual report thereon to the Village.

§ 122-2 Building permits; construction standards; unsafe buildings; Fire District.

A. 
Building permits and inspection.
(1) 
Permit required. No building or any part thereof shall hereafter be erected within the Village or ground broken for the same, except as hereinafter provided, until a permit therefor shall first have been obtained from the Village Clerk-Treasurer by the owner or his authorized agent. The term "building" as used in this section shall include any building or structure and any enlargement, alteration, heating or ventilating installation, moving or demolishing or anything affecting the fire hazards or safety of any building or structure.
[Amended 4-3-2006 by Ord. No. 2006-2]
(2) 
Application. Application for a building permit shall be made in writing upon a form furnished by the Zoning Administrator and shall state the name and address of the owner of the land and the owner of the building, if different, and the legal description of the land upon which the building is to be located and shall contain such other information as the Building Inspector may require for effective enforcement of this section.
(3) 
Plans. With such application there shall be submitted two complete sets of plans and specifications, including a plot plan showing the location of the proposed building with respect to adjoining streets, alleys, lot lines and buildings. Plans for buildings required to comply with the State Building Code shall bear a stamp of approval from the Department of Commerce. Such plans and specifications shall be submitted in duplicate; one set shall be returned after approval as provided below, and the other set shall remain on file in the office of the Village Clerk-Treasurer. All plans and specifications shall be signed by the designer.
(4) 
Waiver of plans. If the Zoning Administrator 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 $2,000.
(5) 
Approval of plans. If the Building Inspector determines that the proposed building will comply in every respect with all ordinances of the Village and all applicable laws and orders of the state, he shall officially approve and stamp one set of plans and return it to the owner and shall issue a building permit therefor 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 and orders or which involves the safety of the building or occupants, except with the written consent of the Building Inspector.
[Amended 4-3-2006 by Ord. No. 2006-2]
(6) 
Minor repairs. The Zoning Administrator may authorize minor repairs, alterations, replacements or improvements valued at less than $1,000 which do not change the occupancy, area, structural strength, fire protection, exits, light or ventilation of the building without issuing a building permit. A permit may be required for maintenance, repair or replacement of a value of more than $1,000. However, in the discretion of the Zoning Administrator the permit fee may be waived if the Zoning Administrator determines no inspection will be required.
(7) 
Inspection of work. The builder shall notify the Building Inspector when ready, and the Building Inspector shall inspect all buildings upon completion of the foundation forms or before the foundation is laid and again when ready for lath and plaster or before paneling is applied. After completion he shall make a final inspection of all new buildings and alterations.[1]
[Amended 4-3-2006 by Ord. No. 2006-2]
[1]
Editor's Note: Original § 14.02(1)(h), Village Board approval of permits, which immediately followed this subsection, was deleted 4-3-2006 by Ord. No. 2006-2.
B. 
Building design and construction. The achievement of the objectives of this article may best be accomplished by adherence to the requirements of the Wisconsin Administrative Code and the minimum property standards of the Department of Housing and Urban Development (HUD) authority, and they are hereby adopted by reference insofar as they apply to buildings covered by this article.
C. 
New materials, methods and devices. All materials, methods of construction and devices designed for use in buildings or structures covered by this article and not specifically mentioned in or permitted by this article shall not be so used until approved in writing by the Department of Commerce for use in buildings or structures covered by the State Building Code, except sanitary appliances, which shall be approved in accordance with the State Plumbing Code. 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 Department of Commerce. The data, tests and other evidence necessary to prove the merits of such materials, methods of construction or devices shall be determined by the Department of Commerce.
D. 
Unsafe buildings. Whenever the Zoning Administrator finds any building or part thereof within the Village to be in his judgment so old, dilapidated or out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation, occupancy or use such that it would be unreasonable to repair the same, he shall 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. Such order and proceedings shall be as provided in § 66.0413, Wis. Stats.
E. 
Fire District regulations.
(1) 
Fire District defined. The Fire District of the Village shall be the area circumscribed by the following description:
Beginning at the intersection of the center lines of Main and Fourth Sts., thence easterly along the center line of Fourth St. to an intersection with the center line of Mill St., thence northerly and northwesterly and westerly along the center line of Mill St. to an intersection with the center line of Hill St., thence northerly along the center line of Hill St. to an intersection with the easterly projection of the center line of First St. North, thence westerly along said projection and the center line of First St. North to an intersection with the center line of Pearl St., thence southerly along the center line of Pearl St. to an intersection with the center line of Fourth St., thence easterly along the center line of Fourth St. to the point of beginning.
(2) 
Regulations. Except as otherwise permitted by the Village Board in special circumstances, every building or structure hereafter erected, enlarged or moved within or into the Fire District shall be of fire-resistive, mill or ordinary construction as defined in the applicable provisions of the Wisconsin Administrative Code. Enclosing walls, division walls and party walls shall be of four-hour, fire-resistive walls of a construction as provided in the Wisconsin Administrative Code, which is hereby by reference made a part of this article with respect to all buildings and structures within the Fire District.
(3) 
Rebuilding damaged buildings. Any building or structure within the Fire District damaged to 75% or more of its current fair market value shall be razed and removed or rebuilt in compliance with Subsection E(2).

§ 122-3 One- and two-family dwellings.

[Added 4-5-2004 by Ord. No. 2004-1]
A. 
These regulations are adopted under the authority granted by § 101.65, Wis. Stats., to protect and foster the health, safety, and well-being of the general public and persons occupying or using buildings within the Village. The scope of this section includes the construction and inspection of one- and two-family dwellings built since June 1, 1980. Not withstanding § COMM 20.05, Wis. Adm. Code, the scope also includes additions and alterations made to and the remodeling of one- and two-family dwellings built before June 1, 1980, and the scope also includes the construction of detached garages and sheds serving one- and two-family dwellings. The building structure and any heating, electrical, or plumbing system shall comply with the Uniform Dwelling Code.
B. 
The Wisconsin Uniform Dwelling Code, Chs. COMM 20 through 25, Wis. Adm. Code, and all amendments thereto, is adopted and incorporated by reference and shall apply to all buildings within the scope of this section.
C. 
There is hereby created the position of Building Inspector, who shall administer and enforce this section and shall be certified by the Division of Safety and Buildings, as specified by § 101.66(2), Wis. Stats., in the category of Uniform Dwelling Code Inspector. Additionally, this or other assistant inspectors shall possess the certification categories of UDC HVAC, UDC Electrical, and UDC Plumbing. The Village desires to compensate the Inspector from the fees collected by the issuance of building, heating, ventilating and air conditioning (HVAC), plumbing, and electrical permits to parties constructing, remodeling or altering structures within the Village.
D. 
No person shall build, add on to, or alter any building within the scope of this section without obtaining a building permit for such work from the Village Clerk-Treasurer; no person shall be granted a building permit without first obtaining a zoning permit from the Zoning Administrator. Any structural changes or major changes to mechanical systems (plumbing and electrical included) that involve extensions shall require permits. Restoration or repair of an installation to its previous code-compliant condition as determined by the Building Inspector is exempted from permit requirements. Residing, reroofing, finishing of interior surfaces, minor nonstructural changes, and installation of cabinetry shall be exempted from permit requirements.
[Amended 4-3-2006 by Ord. No. 2006-2]
E. 
Fees for construction shall be as adopted by resolution of the Village Board and on file in the office of the Village Clerk-Treasurer.
[Amended 4-3-2006 by Ord. No. 2006-2]
F. 
The enforcement of this section and all other laws and ordinances relating to building shall be by means of the withholding of building permits, imposition of forfeitures and injunctive action. The penalty assessed for any work started without a building permit shall be equal to the permit fee.

§ 122-4 Electrical work.

A. 
State code applies. All electrical work, including the placing of wires and other equipment, shall conform to the State Electrical Code, Volume 2, Wis. Adm. Code, which is hereby made by reference a part of this article.
B. 
Permit. No electrical wiring or other equipment shall be installed or altered without first securing a permit therefor from the Zoning Administrator, except that repairs to or replacements of broken or defective sockets, switches or base receptacles may be made without a permit. The application for such permit shall be on a form furnished by the Zoning Administrator 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 Zoning Administrator.
C. 
Inspection of work. After roughing in the wiring of any building and before such work is covered up or upon completion of any outside wiring construction work, the person doing such work shall notify the Zoning Administrator, who shall at once inspect to cause to be inspected the same. Upon completion of such wiring, the Zoning Administrator shall be notified and shall inspect or cause to be inspected the finished work. If he finds that the work conforms to the State Electrical Code, he shall issue a certificate of compliance which shall contain the date and an outline of the result of such inspection, a duplicate of which shall be filed by location in the office of the Zoning Administrator. No person shall use any electrical equipment until such certificate has been issued.

§ 122-5 Plumbing.

A. 
State code applies. The construction, reconstruction, installation and alteration of all plumbing, drainage and plumbing ventilation shall conform to the State Plumbing Code adopted by the Department of Commerce, which is hereby adopted by reference as a part of this article.
B. 
Permit. No plumbing or drainage of any kind shall be installed or altered, except that leakage or stoppage repairs may be made, without first securing a permit therefor from the Zoning Administrator. The application for such permit shall be on a form furnished by the Building Inspector and shall state clearly the work planned, alterations to be made and equipment and materials to be used. All later deviations from such plan must be submitted to and approved by the Zoning Administrator.
C. 
Licensed plumber required. All plumbing work shall be done only by a plumber licensed by the state, except that a property owner may make repairs or installations in a single-family building owned and occupied by him as his home, provided that a permit is issued and the work is done in compliance with the provisions of this article.
D. 
Inspection of work. Upon completion of the plumbing work on any premises, the person doing such work shall notify the Zoning Administrator before such work is covered up, and the Zoning Administrator shall at once inspect or cause to be inspected the work. If he finds that the work conforms to the State Plumbing Code, he shall issue a certificate of compliance which shall contain the date and an outline of the result of the inspection, a duplicate of which shall be filed by location in the office of the Zoning Administrator. No person shall use or permit to be used any plumbing or drainage until it has been inspected and approved by the Zoning Administrator.

§ 122-6 Fire prevention.

[Amended 4-3-2006 by Ord. No. 2006-2]
There is hereby adopted by the Village, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the "Fire Prevention Code" recommended by the American Insurance Association, of which code not less than one copy has been and now is filed in the office of the Village Clerk-Treasurer, and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this section shall take effect, the provisions thereof shall be controlling within the limits of the Village.
A. 
Enforcement. The code hereby adopted shall be enforced by the Chief of the Fire Department.
B. 
Definitions. Wherever the word "municipality" is used in the Fire Prevention Code, it shall be held to mean the Village.
C. 
Permits. Permits required by § 17 of the code hereby adopted shall be valid for an indefinite period where additional licenses renewable annually are required by the Village. Where additional licenses are not required by the Village, the permits required by § 17 of the code hereby adopted shall be valid for one year from date of issuance and shall be thereafter renewable on an annual basis.
D. 
Establishment of limits of districts in which the storage of explosives and blasting agents, the storage of flammable liquids in outside aboveground tanks and the bulk storage of liquefied petroleum gases are to be restricted. The limits referred to in § 53b of the code hereby adopted in which storage of explosives and blasting agents is prohibited, the limits referred to in § 74a of the code hereby adopted in which storage of Class I liquids in outside aboveground tanks is prohibited, and the limits referred to in § 114 of the code hereby adopted in which bulk storage of liquefied petroleum gas is restricted are hereby established as follows: the limits or areas referred to hereinabove shall include all areas located within the Village except those zoned RD (Rural Development) or I (Industrial).
E. 
Establishment of motor vehicle routes for vehicles transporting explosives and blasting agents. The routes referred to in § 55i of the Fire Prevention Code for vehicles transporting explosives and blasting agents are hereby established as follows: within the Village, STH 46 and CTH "I" shall be designated as motor vehicle routes for vehicles transporting explosives and blasting agents. Where it shall be necessary for such vehicles to pass over streets and areas other than those indicated above in order to reach a point of destination or transshipment point, the shortest, most direct route between the designated routes and the point of destination shall be used.
F. 
Establishment of motor vehicle routes for vehicles transporting hazardous chemicals or other dangerous articles. The routes referred to in § 109.1b of the Fire Prevention Code for vehicles transporting hazardous chemicals and other dangerous articles are hereby established as follows: the routes established in Subsection E above shall apply.
G. 
Establishment of fire lanes on private property devoted to public use. The fire lanes referred to in § 169.2 of the Fire Prevention Code are hereby established as follows: none.
H. 
Amendments made in the Fire Prevention Code. The Fire Prevention Code is amended and changed in the following respects: none.
I. 
Modifications. The Chief of the Fire Department shall have power to modify any of the provisions of the Fire Prevention Code upon application in writing by the owner or lessee, or his authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Fire Chief thereon shall be entered upon the records of the Department, and a signed copy shall be furnished the applicant.
J. 
Appeals. Whenever the Fire Chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Chief to the Village Board within 30 days from the date of the decision appealed.

§ 122-7 Flammable liquids.

Chapter COMM 10 (Flammable Liquids Code), Wis. Adm. Code, issued by the Department of Commerce, is hereby adopted by reference as a part of this article, and the Zoning Administrator and Fire Chief shall enforce the provisions thereof.

§ 122-8 Moving of buildings.

A. 
Permit required. No building or structure shall be moved into or within the Village without first obtaining a permit from the Zoning Administrator. Prior to the issuance of a permit to move a building, the Zoning Administrator shall make an inspection of the building and shall certify that it is structurally safe. Before the Zoning Administrator shall issue a permit for the removal and relocation of an existing building, it shall first be presented to the Village Board for approval. This section is not intended to prohibit the relocation of a building within the boundary of the lot on which the building is located.
B. 
Application. Applications shall be made to the Zoning Administrator on a form furnished by him and shall provide the following:
(1) 
The name of the owner of the building to be moved.
(2) 
The present location of the building.
(3) 
The proposed location to which the building is to be moved.
(4) 
The name of the mover engaged.
C. 
Buildings or structures not to be moved.
(1) 
No permit shall be granted for the moving of any building or structure or portion thereof which has deteriorated or been damaged to an extent greater than 50% of the fair market value of the building or structure. This determination shall be made by the Zoning Administrator.
(2) 
No permit shall be issued for the moving of any building or structure or portion thereof from one location to another location on the same premises or from one premises to another premises unless the building or structure to be moved is not so at variance with either the exterior architectural appeal and functional plan of existing structures in the immediate neighborhood or the character of the neighborhood so as to cause a substantial depreciation in the property values of the neighborhood. This determination shall be made by the Zoning Administrator.
D. 
Bond required. Before a permit to move any building is granted by the Zoning Administrator, the party applying for the permit shall give a bond in the sum of $1,000 with good and sufficient securities to be approved by the Village Attorney, conditioned, among other things, that such party will save and indemnify judgments, costs and expenses which may in any way accrue against the Village and hold the Village harmless against all liabilities, judgments, costs and expenses in consequence of the granting of such permit.

§ 122-9 Violations and penalties.

Except as otherwise provided, any person found to be in violation of any provision of this article or any rule or order promulgated hereunder shall be subject to a penalty as provided in Chapter 1, § 1-4, of this Code.
[Adopted 6-5-2006 by Ord. No. 2006-4]

§ 122-10 Authority.

These regulations are adopted under the authority granted by § 101.12, Wis. Stats.

§ 122-11 Purpose.

The purpose of this article is to promote the general health, safety, and welfare of the public by enforcing such codes.

§ 122-12 Adoption of commercial building codes.

The following Wisconsin Administrative Codes, their referenced codes and standards, and subsequent revisions are adopted for municipal enforcement by the designated Village Building Inspector, who shall be commercially certified by the Wisconsin Division of Safety and Buildings:
A. 
Wisconsin Commercial Building Code Volumes I and II.
B. 
Chapters COMM 75 through 79, Existing Buildings Code.
C. 
Chapter COMM 70, Historic Buildings Code.

§ 122-13 Building Inspector.

The Village Building Inspector authorized by the Village Board to enforce the adopted codes shall be properly certified by the Wisconsin Division of Safety and Buildings.

§ 122-14 Building permit required.

A. 
No person or business shall build or cause to be built any new public building containing less than 5,000 square feet in total area or alter a public building involving less than 10,000 square feet in altered area without first submitting plans and specifications to the Building Inspector and obtaining a building permit for such building. NOTE: All other larger public buildings are required to have their plans and specifications submitted to the Wisconsin Division of Safety and Buildings for approval prior to municipal permit issuances.
B. 
Notwithstanding COMM 61.30 (1)(b)1, a building permit is also required for occupancies listed in Table 61.30-1 of less than 25,000 cubic feet.
C. 
A local building permit shall also be required for larger commercial buildings which will be state reviewed but locally inspected.

§ 122-15 Building permit fee.

Building permit fees shall be determined by resolution of the Village Board.

§ 122-16 Violations and penalties.

Enforcement of this article of the Balsam Lake Village Code shall be by means of withholding building permits, imposition of forfeitures and injunctive action. Forfeitures shall be not less than $25 nor more than $1,000 for each day of noncompliance.