City of Burlington, WI
Racine County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Burlington 12-18-2001 by Ord. No. 1678(26). Amendments noted where applicable.]
GENERAL REFERENCES
Official Map — See Ch. 60.
Electrical work and inspections — See Ch. 142.
Fire prevention — See Ch. 155.
Housing standards — See Ch. 181.
Plumbing — See Ch. 243.
Sewers — See Ch. 259.
Stormwater management — See Ch. 270.
Subdivision of land — See Ch. 278.
Water — See Ch. 304.
Zoning — See Ch. 315.

§ 115-1 Scope.

The provisions of the Burlington Uniform Building Code (this code) shall govern the design, construction, alteration, demolition and moving of all buildings and structures.

§ 115-2 Title; construal of provisions.

This chapter shall be known and cited as the "Burlington Uniform Building Code" and shall be construed to secure its expressed intent and to ensure public safety, health and welfare insofar as they are dependent upon building construction.

§ 115-3 Application of Wisconsin Administrative Code.

[Amended 6-18-2002 by Ord. No. 1689(3); 12-20-2016 by Ord. No. 2013(9)]
The following chapters of the Wisconsin Administrative Code, and their referenced codes, standards, appendices and subsequent revisions, are adopted for municipal enforcement by the Building Inspector, who shall be commercially certified by the Wisconsin Department of Safety and Professional Services (DSPS):
A. 
Chapter SPS 316, Electrical.
B. 
Chapter SPS 361, Administration and Enforcement, which includes the adoption, with modifications, of the International Code Council International Building Code (IBC), International Energy Conservation Code (IECC), International Mechanical Code (IMC) and International Fuel Gas Code (IFGC) and International Existing Building Code (IEBC).
C. 
Chapter SPS 362, Buildings and Structures, which includes Wisconsin modifications of the IBC.
D. 
Chapter SPS 363, Energy Conservation, which includes Wisconsin modifications of the IECC.
E. 
Chapter SPS 364, Heating, Ventilating and Air Conditioning, which includes Wisconsin modifications of the IMC.
F. 
Chapter SPS 365, Fuel Gas Appliances, which includes Wisconsin modifications of the IFGC.
G. 
Chapter SPS 366, Existing Buildings Code, which includes Wisconsin modifications of the IEBC.
H. 
Chapters SPS 381 to 387, State Plumbing Code.

§ 115-4 Application of Wisconsin Uniform Dwelling Code.

[Amended 12-20-2016 by Ord. No. 2013(9)]
The Wisconsin Uniform Dwelling Code, Chapters SPS 320 through 325, and all amendments thereto, are hereby made a part of this code by reference and shall apply to all one- and two-family dwellings and alterations and additions thereto. This code shall also apply to alterations and additions to all one- and two-family dwellings constructed prior to the effective date of the Wisconsin Uniform Dwelling Code. A copy of said code is on file in the office of the City Clerk.

§ 115-5 Application of Burlington Uniform Building Code.

All buildings and structures hereafter erected, altered, repaired, moved or demolished that are used or designed to be used for the purposes herein defined shall comply in full with the requirements of this code.
A. 
Zoning laws. No provision of this code shall be construed to repeal, modify or constitute an alternative to any lawful zoning regulations.
B. 
New buildings. The construction requirements of the Burlington Uniform Building Code shall apply to all buildings not covered under §§ 115-3 and 115-4.
C. 
Existing buildings.
(1) 
This code shall also apply to buildings and conditions described in this subsection:
(a) 
An existing building to be occupied as a one- or two-family dwelling which building was not previously so occupied.
(b) 
An existing structure that 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 Assessor of the City.
(2) 
Additions and alterations, regardless of costs, made to an existing building shall comply with the requirements of this code. The provisions of Subsection D of this section shall also apply.
(3) 
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 code.
D. 
Alterations and repairs. The following provisions shall apply to buildings altered or repaired:
(1) 
Alterations. When not in conflict with any regulations, if alterations are made to any existing building or structure accommodating a legal occupancy and use but of nonconforming type of construction which involve either the structural members of floors or roofs, beams, girders, columns, bearing or other walls, room heating and air-conditioning systems, arrangement, light and ventilation, changes in location of exit stairways or exits or any of the above, then such existing construction shall be made to conform to the minimum requirements of this code applicable to such occupancy and use and given type of construction.
(2) 
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 and use shall be deemed minor repairs.
(3) 
When alterations are not permitted. When an existing building or structure which for any reason whatsoever does not conform to the regulations of this code 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.
(4) 
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 building or structure shall cause such structural members to be restored to their required strength, failing 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 code are complied with.
(5) 
Extent of deterioration. The amount and extent of deterioration of any existing building or structure shall be determined by the Building Inspector.
(6) 
Use of unsanitary building. It shall be unlawful to occupy or use or permit the occupancy or use of any building or structure that is unsanitary or dilapidated, or deteriorated, or out of repair, thereby being unfit for human habitation, occupancy or use, until the regulations of this code have been complied with.

§ 115-6 Weatherization program agreement.

[Amended 11-18-2003 by Ord. No. 1740(20)]
A. 
Introduction. Pursuant to § 101.122, Wis. Stats., the Common Council of the City of Burlington does hereby declare its intent to be an authorized municipality under the Rental Unit Energy Efficiency Standards Code.
B. 
Purpose. The purpose of this section is to:
(1) 
Provide a local authorizing agent for stipulations and waivers;
(2) 
Exercise jurisdiction in the compliance enforcement of the stipulations and waivers; and
(3) 
Establish and collect fees to defray costs.
C. 
Stipulation and waiver issuance. The Building Inspector of the City of Burlington is hereby given authority to authorize properly completed stipulation and waiver forms presented by owners.
D. 
Stipulation enforcement. Upon notice from the Department of Safety and Professional Services, the Building Inspector's department or the City Attorney is directed to secure compliance, by proper means, from owners of properties with outstanding stipulations.
[Amended 12-20-2016 by Ord. No. 2013(9)]
E. 
Waiver enforcement. Upon notice from the Department of Safety and Professional Services, the Building Inspector's department or City Attorney is directed to secure compliance, by proper means, from owners of properties with outstanding waivers.
[Amended 12-20-2016 by Ord. No. 2013(9)]
F. 
Fees. The stipulation fee and waiver fee shall be as set by the Common Council.[1]
[1]
Editor's Note: See Fee Schedule on file at the City Clerk's office.
G. 
Penalties. The Council shall provide for the enforcement of this section and all other laws and ordinances relating to buildings by means of the withholding of occupancy permits, imposition of forfeitures, ordering compliance with the standards, or ordering demolition of the building, according to § 101.122(4) and (7), Wis. Stats.

§ 115-7 (Reserved) [1]

[1]
Editor’s Note: Former § 115-7, Standards for identification of fire division walls, as amended, was repealed 12-20-2016 by Ord. No. 2013(9).

§ 115-8 Department of Buildings.

A. 
Composition. There is hereby established a department which shall be known as the "Department of Buildings" and which shall include a Building Inspector, Electrical Inspector, Plumbing Inspector and Heating, Ventilating and Air-Conditioning (HVAC) Inspector. All four offices may be held by the same person or firm and shall be collectively referred to in this code as "Building Inspector."
B. 
Building Inspector. The Building Inspector shall be appointed by the City Administrator subject to confirmation by the Common Council and shall be under the direct supervision of the City Administrator.
C. 
Qualifications; duties. The Building Inspector shall have the necessary ability to supervise the general construction of buildings and other permanent equipment of buildings. He shall pass upon the plans and specifications of each building to be erected and not be interested, directly or indirectly, in the construction of buildings or in the preparation of plans and specifications therefor, or of any permanent building equipment, except as may be authorized by the Common Council. The Building Inspector shall also be responsible for enforcing the Declaration of Restrictions and Covenants in the Burlington Industrial Park. The Building Inspector shall be commercially certified for inspection purposes in accordance with the Wisconsin Department of Safety and Professional Services, Division of Safety and Buildings, and shall administer and enforce all provisions of this code.
[Amended 11-18-2003 by Ord. No. 1740(20); 12-20-2016 by Ord. No. 2013(9)]
D. 
Records to be kept. The Building Inspector shall perform all administrative tasks required by Wisconsin law. The Building Inspector shall keep a record of all applications for permits and shall number each permit in the order of its issuance. The Building Inspector shall also keep a record of all fees collected showing date of receipt and delivery to the City Treasurer. The Building Inspector shall make a monthly report and an annual report to the Common Council of the above matters.
[Amended 11-18-2003 by Ord. No. 1740(20); 12-20-2016 by Ord. No. 2013(9)]
E. 
Inspections. The Building Inspector shall have power and authority at all reasonable times, for any proper purpose, to enter upon any public or private premises and make inspection thereof and to require the production of the permit for any building, electrical, plumbing or HVAC work or the required licenses therefor. No persons shall interfere with the Building Inspector while in the performance of the duties described in this chapter. In the event the Building Inspector is refused access to any premises, the Building Inspector may apply for a special inspection warrant pursuant to § 66.0119, Wis. Stats.
F. 
No assumption of liability. This chapter shall not be construed as assuming any liability on the part of the City or the Building Inspector for damages to anyone injured or any property destroyed by any defect in any building or equipment or any electric wiring or equipment.

§ 115-9 Permit procedure.

A. 
Permits required. No building or structure, or any part thereof, shall hereafter be built, enlarged, altered or demolished within the City or moved into, within or out of the City except as hereinafter provided, unless a permit therefor shall first be obtained by the owner or his agent from the Building Inspector. Permits required are as follows:
(1) 
Building.
(2) 
Air conditioning.
(3) 
Wrecking or razing.
(4) 
Heating.
(5) 
Moving of buildings.
(6) 
Occupancy.
(7) 
Reroofing and re-siding.
(8) 
Fire inspection.
(9) 
Other permits as required by the City and/or as listed in the Fee Schedule established by the Common Council.[1]
[1]
Editor's Note: See Fee Schedule on file at the City Clerk's office.
B. 
Application for permits. Application for a building permit shall be made in writing upon a blank form to be furnished by the Building Inspector and shall state the name and address of the owner of the building and the owner of the land on which it is to be erected and the name and address of the designer and shall set forth the legal description of the land on which the building is to be located, the location of the building, the house number thereof and such other information as the Building Inspector may require. With such application there shall be submitted to the Building Inspector two complete sets of plans, specifications and two copies of a survey.
(1) 
Survey. The survey shall be prepared and certified by a surveyor registered by the State of Wisconsin; shall be made, in no case, prior to one year prior to the issuance of a building permit; and shall bear the date of the survey. The certified survey shall also show the following:
(a) 
Location and dimensions of all buildings on the lot, both existing and proposed.
(b) 
Dimensions of the lot.
(c) 
Dimensions showing all setbacks to all buildings on the lot.
(d) 
Proposed grade of proposed structure, to City datum.
(e) 
Grade of lot and of road opposite lot.
(f) 
Grade and setback of adjacent buildings. If an adjacent lot is vacant, submit elevation of nearest buildings on the same side of the road.
(g) 
Type of monuments at each corner of the lot.
(h) 
Watercourses or existing drainage ditches.
(i) 
Seal and signature of surveyor.
(2) 
Plans and specifications. All plans shall be drawn to a scale not less than 1/4 inch per foot, on paper or cloth in ink, or by some other process that will not fade or obliterate, and shall disclose the existing and proposed provisions for water supply, sanitary sewer connections and surface water drainage. All dimensions shall be accurately figured. Drawings that do not show all necessary detail shall be rejected. A complete set of plans for residential construction shall consist of:
(a) 
All elevations.
(b) 
All floor plans.
(c) 
Complete construction details.
(d) 
Fireplace details ( 3/4 inch per foot) showing cross section of fireplace and flues.
(e) 
Plans of garage when garage is to be built immediately or location of garage when it is to be built at a later date.
(f) 
Grading plan which shall show the present and proposed grades of the lot on which it is proposed to erect the building for which a building permit is sought and of the immediately adjoining property in sufficient detail to indicate the surface water drainage before and after the completion of the grading.
(g) 
Any other information as the Building Inspector may require.
(3) 
All plans shall remain on file in the office of the Building Inspector until at least one year after the completion of the building, after which time the Building Inspector may return the same to the owner, may keep them for public record or may destroy them.
C. 
Waiver of some requirements. At the option of the Building Inspector, plans, data, specifications and survey need not be submitted with an application for permit to execute minor alterations and repairs to any building, structure or equipment, provided that the proposed construction is sufficiently described in the application for permit.
D. 
Issuance of permit.
(1) 
If the Building Inspector finds that the proposed building will comply in every respect with the provisions of this code and all the laws and orders of the state, he/she shall officially approve and stamp one set of plans and return them to the owner and shall issue a building permit therefor which shall be kept 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 rules, laws or orders or the safety of the building, except with written consent of the Building Inspector. If adequate plans are presented, the Building Inspector may, at his/her discretion, issue a permit for a part of the building before receiving plans and specifications for the entire building. No person shall commence work on any building or alteration before a building permit has been issued.
(2) 
No building permit shall be issued under any circumstances until the Building Inspector is satisfied that the party desiring the permit has sewer and water facilities in accordance with the laws of the state and the ordinances of the City and that the same will be utilized by the applicant and the building which he/she desires to build will be connected with such utilities.
(3) 
No building permit shall be issued under any circumstances until the Building Inspector is satisfied that the party making application has a public or private road meeting the minimum standards of the City and approved by the City abutting upon the parcel of land on which construction is contemplated.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
No building permit shall be issued under any circumstances until the Building Inspector is satisfied that the final grading plan for the lot shall not cause any permanent or temporary unreasonable accumulation of water on the lot or upon any adjoining property, nor shall any building permit be issued if the erection of the building or the proposed grades unreasonably obstruct the flow of water in any existing ravine, ditch, drain or stormwater sewer draining adjoining property unless a suitable alternative is provided for such flow by means of an adequate ditch or pipe, which shall be shown on the plans and shall be constructed so as to provide continuous drainage at all times.
E. 
Inspector may revoke permits.
(1) 
The Building Inspector may revoke any permit, certificate of occupancy or approval issued under the regulations of this code and may stop construction or use of approved new materials, equipment, methods of construction, devices or appliances for any of the following reasons:
(a) 
Whenever there is a violation of any regulation of this code or of any other ordinance, law or lawful orders or Wisconsin Statute relating to the same subject matter.
(b) 
Whenever the continuance of any construction becomes dangerous to life or property.
(c) 
Whenever there is any violation of any condition or provision of the application for permit or of the permit.
(d) 
Whenever, in the opinion of the Building Inspector, there is inadequate supervision provided on the job site.
(e) 
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) 
Whenever there is a violation of any of the conditions of an approval or occupancy given by the Building Inspector for the use of any new materials, equipment, methods of construction, devices or appliances.
(2) 
The notice revoking a permit, certificate of occupancy or approval shall be in writing and may be served upon the applicant for the permit, the owner of the premises or his agent, if any, and on the person having charge of construction.
(3) 
A revocation placard shall also be posted upon the building, structure, equipment or premises in question by the Building Inspector.
(4) 
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 code, shall be procured and fees paid therefor, and thereafter the resumption of any construction or operation shall be in compliance with the regulations of this code.
F. 
Fees. Before receiving a permit, the owner or his agent shall pay the fee specified in the Fee Schedule established by the Common Council.[3] In applying the provisions of this code, in respect to new work, existing buildings, alterations and repairs, the physical value of the work shall be determined by the Building Inspector on the basis of current costs.
[3]
Editor's Note: See Fee Schedule on file at the City Clerk's office.

§ 115-10 Posting of job site; expiration of permit.

A. 
A weatherproof card, signed by the Building Inspector, indicating the permit has been issued shall be posted at the job site during construction. After issuance of a building permit, the approved plans shall not be altered unless any proposed change is first approved by the Building Inspector as conforming to the provisions of this code.
B. 
Expiration of permit.
(1) 
Existing buildings, accessory buildings and accessory structures. The building permit shall become void unless operations are commenced within four months from the date thereof or if the building or work authorized by such permit is suspended at any time after work is commenced for a period of 60 days. The period of time may be extended by the Building Inspector if the delay was due to conditions beyond the control of the applicant.
(2) 
New dwellings. The building permit shall expire 24 months after issuance if the dwelling exterior has not been completed.
C. 
Before any work is commenced or recommenced after the permit has lapsed, a new permit shall be issued at the regular fee rate.

§ 115-11 Moving buildings.

A. 
General. No person shall move any building or structure upon any of the public rights-of-way of the City 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 and the conditions to be complied with and shall limit the time during which said moving operations shall be continued.
B. 
Moving damaged buildings. No building shall be repaired, altered or moved within or into the City that has deteriorated or has been damaged by any cause (including such moving and separation from its foundation and service connections in case of moved buildings) to 50% or more of its equalized value, and no permit shall be granted to repair, alter or move such building within or into the City.
C. 
Continuous movement. The movement of buildings shall be a continuous operation during all the hours of the day, and day by day and at night, until such movement is fully completed. All of 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. Lighted lanterns shall be kept in conspicuous places at each end of the building during the night.
D. 
Street repair. Every person receiving a permit to move a building shall, within one day after said building reaches its destination, report the fact to the Building Inspector, who shall thereupon, in the company of the Public Works Director, inspect the streets and highways 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 said permittee to do so within 10 days thereafter to the satisfaction of the governing body, said body shall repair the damage done to such streets and hold the person obtaining such permit and the sureties on his/her bond responsible for the payment of the same.
E. 
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 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 completed plan of all further repairs, improvements and remodeling with reference to such building shall be submitted to the Building Inspector, who 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 municipality to some point outside of the boundaries thereof, the provisions with respect to the furnishing of plans and specifications for proposed alterations to such building may be disregarded.
F. 
Bond.
(1) 
Before a permit is issued to move any building over any public way in this municipality, the party applying therefor shall give a bond to the municipality in a sum to be fixed by the Building Inspector and which shall not be less than $25,000. Said bond is to be executed by a corporate surety or two personal sureties to be approved by the governing body 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 or expenses incurred by the City in connection therewith, arising out of the removal of the building for which the permit is issued.
(2) 
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 falling into such excavation by children under 12 years of age is unlikely, the bond required by Subsection F(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.
G. 
Insurance. The Building Inspector shall require, in addition to said bond above indicated, public liability insurance covering injury to one person in the sum of not less than $500,000 and for one accident in a sum not less than $1,000,000, together with property damage insurance in a sum not less than $500,000, or such other coverage as deemed necessary.
H. 
Review by Plan Commission.
(1) 
No such permit shall be issued unless it has been found as a fact by the Plan Commission of the City, by at least a majority vote, after an examination of the application for the permit, which shall include exterior elevations of the building and accurate photographs of all sides and views of the same and, in case it is proposed to alter the exterior of said building, plans and specifications of such proposed alterations, and after a view of the building proposed to be moved and of the site at which it is to be located, that the exterior architectural appeal and functional plans of the building to be moved or moved and altered will not be so at variance with either the exterior architectural appeal and functional plan of the buildings already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district established by the zoning ordinances of the City or any ordinance amendatory thereof or supplementary thereto as to cause a substantial depreciation in the property values of said neighborhood within said applicable district.
(a) 
In case the applicant proposes to alter the exterior of said building after moving the same, he shall submit, with his application papers, complete plans and specifications for the proposed alterations.
(b) 
Before a permit shall be issued for a building to be moved and altered, the applicant shall give a bond to the City's Plan Commission, which shall not be less than $1,000, to be executed in the manner provided in Subsection F hereof, to the effect that he will, within a time to be set by the Plan Commission, complete the proposed exterior alterations to said building in the manner set forth in his plans and specifications. This bond shall be in addition to any other bond or surety which may be required by other applicable ordinances of the City.
(c) 
No occupancy permit shall be issued for said building until the exterior alterations proposed to be made have been completed.
(2) 
Upon application being made to the Building Inspector, he/she shall request a meeting of the Plan Commission to consider the application for a moving permit which has been found to be in compliance, in all respects, with all other ordinances of the City. The Plan Commission may, if it desires, hear the applicant for the moving permit in question, together with any other persons, other residents or property owners desiring to be heard, giving such notice of hearing as it may deem sufficient. Such hearing may be adjourned for a reasonable length of time, and within 48 hours after the close of the hearing the Plan Commission shall, in writing, make or refuse to make the finding required by Subsection H(1) hereof and file it in the office of the Clerk, who shall send a copy of it to the Building Inspector.

§ 115-12 Razing of buildings.

A. 
The Building Inspector is hereby authorized to act for the City under the provisions of § 66.0413, Wis. Stats., relating to the razing of buildings and all acts amendatory thereof and supplementary thereto. The City Treasurer is authorized to place the assessment and collect the special tax as therein provided.
B. 
Before a building can be demolished or removed, the owner or agent shall notify all utilities having service connections within the building, such as water, electric, gas, sewer and other connections. A permit to demolish or to remove a building shall not be issued until it is ascertained that service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in a safe manner. Excavations shall be filled with solid fill to match lot grade within five days of removal of the structure. Any excavation shall be protected with appropriate fences, barriers and/or lights.

§ 115-13 Inspections.

A. 
Coordinated inspections. All provisions of the laws and regulations of the City and of legally adopted rules of local fire and health officials in respect to the operation, equipment, housekeeping, fire protection, handling and storage of flammable materials, liquids and gases and the maintenance of safe and sanitary conditions of use and occupancy in all buildings shall be strictly enforced by the administrative officials to whom such authority is delegated. Whenever inspection by any authorized enforcement officer discloses any violation of the provisions of this code or of any other rules, regulations or laws, he/she shall immediately notify the administrative officer having jurisdiction of the violation.
B. 
Certified report. The Building Inspector may require a certified report of all required inspections as regulated by this code from the registered architect or registered engineer supervising the construction of any building, structure or equipment requiring his supervision. Such certified report shall state, in detail, that all construction work has been executed in accordance with all of the regulations of this code, approved plans, specifications, and terms of the permit and, further, that such construction work was executed in accordance with accepted architectural and engineering standard procedures.
C. 
Appeals. Any person feeling himself aggrieved by any order or ruling of the Building Inspector may appeal from such ruling to the Zoning Board of Appeals within 20 days after written notice of such ruling shall have been delivered to said person. Such appeal is to be in writing, setting forth the order appealed from and the respects in which said person claims that said order or ruling is erroneous or illegal. Said notice of appeal shall be filed with the Clerk, who shall thereupon notify the Building Inspector of said appeal, and the appeal shall be heard at the next meeting of the Zoning Board of Appeals. Said Zoning Board of Appeals, after consideration thereof, shall affirm, reverse or modify said ruling as is just in the circumstances. The ruling or order of the Building Inspector shall be enforced until changed by said Zoning Board of Appeals.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 115-14 Stop-work orders.

Whenever the provisions of this code or of the plans approved thereunder are not complied with, a stop-work order shall be served on the owner or his representative and a copy thereof shall be posted at the site of the construction. Such stop-work order shall not be removed except by written notice of the Building Inspector after satisfactory evidence has been supplied that the violation has been corrected.

§ 115-15 Certificate of occupancy. [1]

A. 
Inspections.
(1) 
The Building Inspector shall make a final inspection of all new buildings, additions and alterations. If no violation of this chapter or any other ordinance is found, the Building Inspector will issue a certificate of occupancy stating the purpose for which the building is to be used.
(2) 
No building, or part thereof, shall be occupied until such final inspection or 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.
B. 
Use discontinued.
(1) 
Whenever any building or portion thereof is being used or occupied contrary to the provisions of this code, 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 shall make the building, or portion thereof, comply with the requirements of this code and shall notify the Building Inspector that the violation has been cured. The Building Inspector shall then reinspect the building for compliance.
(2) 
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 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.
C. 
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 therefor.
D. 
Hardship. The Building Inspector shall have the authority and power to permit the occupancy of any building or structure in the municipality prior to issuance of an occupancy certificate in all such cases of hardship as in his/her judgment and discretion warrant occupancy before final state of completion as set forth in this code. Before granting such permission, the Building Inspector shall first examine the premises and determine if it is safe and sanitary. The Building Inspector shall determine the time within which such building or structure shall be completed. Such time should not exceed 120 days.
[1]
Editor's Note: For revocation of certificates of occupancy see § 115-9E.

§ 115-16 Garages and accessory buildings.

A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ACCESSORY BUILDING
A detached structure subordinate to the principal use of a structure and located on the same lot or parcel.
ATTACHED PRIVATE GARAGE
A private garage attached directly to the principal building or attached by means of an enclosed or open breezeway, porch, terrace or vestibule, or a private garage so constructed as to form an integral part of the principal building.
DETACHED PRIVATE GARAGE
A private garage entirely separated from the principal building.
B. 
Location. Detached garages and accessory buildings shall be governed by applicable setback provisions contained in Chapter 315, Zoning.
C. 
Area. All private detached garages shall be governed by the applicable area requirements contained in Chapter 315, Zoning, with a maximum building area of 720 square feet, and all accessory buildings shall be governed by the applicable area requirements of Chapter 315, Zoning.
D. 
Foundations and footings. An attached private garage shall be provided with the same type footings and foundations as required herein for the principal building. Concrete floors shall be not less than four inches in thickness. Detached private garages and accessory buildings may be built with a continuous floating slab of reinforced concrete not less than four inches in thickness. Reinforcement shall be a minimum of Number 10 six-by-six-inch wire mesh. The slab shall be provided with a thickened edge all around, eight inches wide and eight inches below the top of the slab. The thickened edge shall have two Number 4 horizontal reinforcement bars placed at the center. The lower reinforcement bar shall be set two inches above the bottom of the thickened edge and the upper reinforcement bar shall be set six inches above the bottom of the thickened edge. Exterior wall curbs shall be provided not less than four inches above the finished ground grade adjacent to the garage. Bolts 3/8 inch in diameter with nuts and washers attached, six inches long, shall be embedded three inches in the concrete curb of detached garages, eight feet on center.
E. 
Floor surface. The floor in all private garages and accessory buildings shall be of concrete construction and sloped toward the exterior garage door or opening. No openings or pits in the floor shall be permitted, except for drainage.
F. 
Construction. Private garages and accessory buildings shall be constructed as follows:
(1) 
Load-bearing foundation walls and partitions shall be constructed as herein regulated except as stated above.
(2) 
Detached private garages of wood frame construction shall be constructed with the following requirements:
(a) 
Studs shall have a maximum spacing of 24 inches on center.
(b) 
Diagonal corner bracing shall be installed on both walls at each corner. Diagonal corner bracing may be applied on the inside surface of studs.
(c) 
Corner posts shall consist of either two two-by-four-inch studs or a single four-by-four-inch stud.
(d) 
Collar beams at the top plate and collar ties in the upper 1/3 of the roof shall be installed with a maximum spacing of 48 inches on center. Collar beams shall be two inches by six inches. Collar ties shall be at least two inches by four inches for roof slopes less than four inches per foot. A one-by-six-inch collar tie may be used for roof slopes four inches per foot or greater.
(e) 
Detached garage roofs shall be framed in accordance with the applicable requirement of SPS 321.28.
[Amended 12-20-2016 by Ord. No. 2013(9)]

§ 115-17 Decks.

A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ATTACHED DECK
Any deck which is physically connected to the principal building or accessory structure.
DECK
Any structure which serves as a raised horizontal platform, the floor of which is constructed of wood or other materials, and without enclosing walls or roof.
DETACHED DECK
Any deck which is not physically attached to the principal building or accessory structure.
B. 
Soil and excavation requirement for deck piers or foundations.
(1) 
No piers shall be placed on soil with a bearing capacity of less than 2,000 pounds per square foot unless the pad support is designed through structural analysis.
(2) 
All organic material (roots, etc.) shall be cut off at the sidewalls of the borings or trench. All organic and loose material must be removed from the cavity area prior to pouring concrete.
C. 
Deck piers, pads and foundations.
(1) 
General footings, pads or piers shall be of adequate bearing area to distribute safely all live and dead loads to the supporting soil without exceeding the bearing capacity of the soil.
(2) 
Type and size of concrete pads, piers or foundations for decks attached to principal buildings.
(a) 
Concrete pads. The minimum depth of a pad shall be 48 inches below grade. The minimum dimensions of this pad shall be four inches in depth and eight inches in diameter.
(b) 
Piers. The minimum depth of concrete piers shall be 48 inches below grade. The minimum dimension of this pier shall be eight inches in diameter. The concrete pier(s) shall extend a minimum of six inches above grade unless an approved mounting bracket is secured at the top surface of the pier(s).
(c) 
Direct burial wood posts shall be placed on a minimum two-inch nominal thickness treated plate or other approved materials at a uniform depth below grade. Posts shall be treated to the requirements of the American Wood Preservers Association (AWPA) Standards C2 and C15 for direct soil contact four inches below grade. Posts shall be a minimum of four inches below grade.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Framing.
(1) 
General requirements.
(a) 
Materials. All wood framing used in deck construction shall be pressure treated against decay or shall be a species of wood that is naturally decay-resistant or shall be protected from weather.
(b) 
Design loading. Decks shall be designed for a minimum loading of 40 pounds per square foot.
(c) 
See fastener schedule for nailing requirements.[2]
[2]
Editor's Note: The fastener schedule is on file at the office of the Building Inspector.
(2) 
Column posts.
(a) 
Column spacing. Column posts shall be spaced per Table No. 2.[3]
[3]
Editor's Note: Table No. 2 is on file at the office of the Building Inspector.
(b) 
Column size.
[1] 
All column posts not exceeding six feet in height shall be a minimum of four inches by four inches nominal thickness.
[2] 
All column posts exceeding six feet in height shall be a minimum of six inches by six inches nominal thickness.
(c) 
Lateral support. Column posts shall be constructed in such a manner or mechanically attached to the deck foundation to resist lateral movement.
(3) 
Beams.
(a) 
Beam size. All beams shall be sized per Table No. 2.[4]
[1] 
Beams, except as otherwise noted in Table No. 2, shall be a minimum of two two-inch-thick members or one four-inch-thick member.
[2] 
Beams may be spaced on each side of the post, provided that blocking is installed a minimum of 24 inches.
[4]
Editor's Note: Table No. 2 is on file at the office of the Building Inspector.
(b) 
Bearing. Beams bearing directly on the posts shall be attached by means of approved metal anchors or other approved methods.
(c) 
Ledger boards. Ledger boards attached directly to the house or other structure may be used to replace a beam or beams. A single member of equal depth to the required size beam shall be used. The ledger board shall be attached with bolts, lag bolts or nails, spaced no less than 16 inches on center, and secured directly into the building structure. Flashing shall be installed between the ledger and building structure.
(d) 
Beams shall not be cantilevered more than 12 inches past the column post.
(4) 
Joists.
(a) 
Joist size. All deck joists shall be sized and spaced per Table No. 2.[5]
[5]
Editor's Note: Table No. 2 is on file at the office of the Building Inspector.
(b) 
Bearing. Deck joists shall bear a minimum of 1 1/2 inches on the beam or ledger board. Joists fastened to the face of the beam or ledger shall be attached with approved metal hangers.
(c) 
Bridging. Bridging shall be provided at intervals not exceeding eight feet.
(d) 
Overhanging of joists. Joists which are at right angles to the supporting beam shall not be cantilevered more than two feet past the supporting beam, unless designed by structural analysis.
(5) 
Decking.
(a) 
Material. All decking material shall be a minimum of 1 1/4 inches thick, nominal thickness. One-inch decking may be used, provided that the joists are spaced no more than 16 inches on center.
(b) 
Decking orientation.
[1] 
Decking shall be installed diagonally or at right angles to the joists.
[2] 
Decking shall be centered over joists with cuts made parallel to joists. Not more than two adjacent boards may break joints on the same joist except at ends and at openings.
(6) 
Guardrails and handrails.
(a) 
Guardrails. All decks which are more than 24 inches above grade shall be protected with guardrails.
(b) 
Handrails. Every stairway of more than three risers shall be provided with at least one handrail. Handrails shall be provided on the open sides of stairways.
(c) 
Guardrails and handrail detail.
[1] 
Height. Handrails shall be located at least 30 inches, but not more than 34 inches, above the nosing of the treads. Guardrails shall be located at least 36 inches above the surface of the deck.
[2] 
Open railings. Open guardrails or handrails shall be provided with intermediate rails or an ornamental pattern to prevent the passage of a sphere with a diameter greater than six inches.
[3] 
Railing loads. Handrails and guardrails shall be designed and constructed to withstand a two-hundred-pound load applied in any direction.
(7) 
Stairway treads and risers.
(a) 
Risers. Risers shall not exceed eight inches in height measured from tread to tread.
(b) 
Treads. Treads shall be at least nine inches wide, measured horizontally from nose to nose.
(c) 
Variation. There shall be no variation in uniformity exceeding 3/16 inch in the width of a tread or in the height of risers.
(d) 
Stair stringers shall be supported in accordance with the same manner as used for the deck.
(8) 
Alternative provisions and methods.
(a) 
Wood decks. Wood decks attached to the dwelling shall be constructed to the Uniform Dwelling Code standards listed below:
[Amended 12-20-2016 by Ord. No. 2013(9)]
[1] 
Excavation requirements of SPS 321.14.
[2] 
Footing requirements of SPS 321.15.
[3] 
Frost penetration requirements of SPS 321.16.
[4] 
Load requirements of SPS 321.02.
[5] 
Stair, handrail and guardrail requirements of SPS 321.04.
[6] 
Decay protection requirements of SPS 321.10.
(b) 
New materials and methods shall comply with the provisions of § 115-21.
(c) 
Detached decks.
[1] 
Concrete pads shall be provided at a uniform depth below grade with all loose or organic material moved from the pad area prior to placement of concrete. The pad shall have a minimum depth of four inches thick and eight inches in diameter.
[2] 
Piers. The minimum of eight-inch-diameter concrete piers shall be at a uniform depth below grade.
[3] 
Direct burial wood posts shall be placed on a minimum two-inch nominal pressure-treated plate or other approved materials at a uniform depth below grade. Posts shall be treated to a uniform depth below grade. Posts shall be treated to CCA.40 for direct soil contact.
[4] 
Ground contact framing shall be allowed for decks which are less than 24 inches above grade. All materials in direct contact with the soil shall be treated to the requirements of the American Wood Preservers Association (AWPA) Standards C2 and C15.

§ 115-18 Swimming pools.

A. 
Types of pools requiring permits. The following types of pools require a permit:
(1) 
Aboveground pools (except wading pools having a depth of less than two feet and which are readily movable).
(2) 
In-ground pools.
(3) 
Public pools. All public pools constructed shall be built and maintained in accordance with the rules of the Wisconsin Department of Health and Family Services, found in Ch. HFS 172, Wis. Admin. Code.
B. 
General pool regulations.
(1) 
Location.
(a) 
No person, firm or corporation shall have a swimming pool located in the front yard or less than five feet from any lot line or building wall, and in the case of lots bordered on two sides by public streets, no swimming pool may be erected in the area between the setback lines of the main building and the street right-of-way.
(b) 
Swimming pools shall be located away from well and septic systems in accordance with the Wisconsin State Plumbing Code.
(2) 
Access.
(a) 
A fence or other solid structure of not less than four feet in height shall completely enclose said premises and/or swimming pool. There shall be no opening in said fence or wall larger than six inches square. All gates or doors opening through such enclosure shall be kept securely closed at all times while unattended and shall be equipped with a self-closing and self-latching device designed capable of keeping such door or gate securely closed. Latches shall be located at least three feet above the ground, accessible deck or stairs.
(b) 
A fence is not required around an aboveground pool where the pool wall is at least four feet above grade for the full pool perimeter. The finished grade shall be maintained for a minimum of four feet beyond the outside perimeter of the pool.
(c) 
When not completely fenced, all ladders, steps or other means of access to an aboveground pool shall be removed and/or designed to prevent access when the pool is unattended.
(3) 
Swimming pool decks. All decks shall be constructed in accordance with the Uniform Building Code. Decking shall be considered an integral part of the swimming pool and shall comply with the applicable setback dimensions per Chapter 315, Zoning.
(4) 
Drainage. No private swimming pool shall be constructed so as to allow water therefrom to drain into any sanitary sewer or septic tank or to overflow upon or cause damage to any adjoining property. Provision may be made for draining the contents of any swimming pool into a storm sewer, but such installations shall be subject to prior approval of the Plumbing Inspector.
(5) 
Lighting. Lights shall be erected and placed so that the light illuminate the ground directly below the light fixtures and not onto adjoining properties and roadways. Lighting installation shall be done in accordance with Ch. SPS 316.
[Amended 12-20-2016 by Ord. No. 2013(9)]
(6) 
Electrical. Separation from overhead and underground electrical wiring shall be in accordance with the State of Wisconsin Administrative Code and/or local code. Required electrical wiring supplying all pools shall be installed in accordance with Article 680 of the National Electrical Code.
C. 
Application for permit. The following information is necessary:
(1) 
Survey or accurate drawing of the property, in duplicate, showing all existing structures, proposed swimming pool location, fencing if required, and overhead or underground electrical wiring:
(a) 
Type of pool installation, aboveground or in-ground.
(b) 
Pool height above highest point of grade if aboveground installation.
(c) 
Type and height of fence, if proposed.
(d) 
Type and support of decking, if proposed.
(e) 
Overall size and locations of the above in regard to existing buildings and lot lines for property survey reference.
(f) 
Any change in finished grade near pools.
(g) 
County Health Department approval for properties using a private septic system, where applicable.
(h) 
Site inspection letter from a local wiring utility.
(2) 
Two copies of a brochure which shows the type, style, etc., of the pool to be installed.

§ 115-19 Foundations.

A. 
Application for permit shall include a statement of the existing defects and an analysis of the cause of those existing defects to ensure that all conditions responsible for foundation defects are corrected.
B. 
Plans and/or specifications must be submitted for approval prior to issuance of a permit.
C. 
General foundation requirements. Foundation repairs shall be performed in accordance with the Best Management Standards for Foundation Repair (March 2003 edition) prepared by the Wisconsin Association of Foundation Repair Professionals (WAFRP).
[Amended 11-18-2003 by Ord. No. 1740(20); 12-20-2016 by Ord. No. 2013(9)]

§ 115-20 Industrial park control.

[Added 11-18-2003 by Ord. No. 1740(20)]
A. 
Administration and enforcement. The Building Inspector shall be responsible for administering and enforcing the Declaration of Restrictions and Covenants and other applicable laws associated with the Burlington Industrial Development Ltd. industrial park, including the review and approval of industrial park land use, site and landscape plans, building plans, building setback requirements, architectural control and appearance, landscaping and landscaping maintenance, off-street parking and loading, outdoor storage, waste disposal, security fencing, signs and billboards, utility control, easements and drainage.
B. 
Variances. The Building Inspector may recommend variance from the Declaration of Restrictions and Covenants to the Plan Commission where, in the Building Inspector's judgment, it would be inappropriate to apply the provisions of said Declaration literally because exceptional or undue hardship would result. Such variance shall not be contrary to the public health, safety or welfare or to Chapter 315, Zoning, or Chapter 278, Subdivision of Land.
C. 
Recommendations. The Building Inspector shall recommend to the Plan Commission or Common Council approval, conditional approval or denial of applications.
D. 
Requests. The Building Inspector may request assistance from other City officers, departments, commissions and boards. The Building Inspector may request the applicant to furnish additional information.
E. 
Applications. Applications for review shall be made to the Building Inspector and shall be accompanied by plans for the building or improvement, including the site plan, landscape plan and building plans which show floor plans as well as all exterior building elevations or facades of existing and proposed structures indicating the proposed exterior building facade materials and floor grades, and a list of the names and addresses of the parties in interest.

§ 115-21 Alternate materials and methods.

No provision in this code is intended to prohibit or prevent the use of any alternate material or method of construction not specifically mentioned in this code. Approval of alternate materials or methods of construction shall be obtained from the City. Requests for approval shall be accompanied by evidence showing that the alternate material or method of construction performs in a manner equal to the material or method required by this code. The City may require any claims made regarding the equivalent performance of alternate materials or methods to be substantiated by test.

§ 115-22 Tests.

The City may require that the materials, methods, systems, components or equipment be tested to determine the suitability for the intended use. The City will accept results conducted by a recognized independent testing agency. The cost of testing shall be borne by the person requesting the approval.
A. 
The test method used to determine the performance shall be one that is a nationally recognized standard.
B. 
If no nationally recognized standard exists, past performance or recognized engineering analysis may be used to determine suitability.
C. 
Ungraded or used building materials may be used or reused as long as the material possesses the essential properties necessary to achieve the level of performance required by this code for the intended use. The City may require tests in accordance with this section.

§ 115-23 Identification of products.

All materials shall be identified by the approved label, the grade mark, the trademark or by other approved manufacturer's identification.

§ 115-24 Violations.

A. 
It shall be unlawful for any person to erect, use, occupy or maintain any building or structure in violation of any provisions of this code or to cause, permit or suffer any such violations to be committed.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
It shall be the responsibility of the offender to abate the violation as expeditiously as possible, and each day that such violation is permitted to continue shall constitute a separate offense. If, in any action, a permit was issued it shall not constitute a defense, nor shall any error, oversight or dereliction of duty on the part of the Building Inspector constitute a defense. For the purpose of administering and enforcing the provisions of this code, the City designates the office of the Building Inspector.

§ 115-25 Failure to obtain permit. [1]

It shall be unlawful to commence work prior to obtaining a permit therefor. Double fees shall be charged if work is commenced prior to the issuance of a permit, except in emergency cases.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 115-26 Violations and penalties.

Except as otherwise provided in this chapter, any person found to be in violation of any provision of this chapter or any rule or order promulgated hereunder shall be subject to a penalty as provided in Chapter 1, § 1-4 of this Municipal Code.[1]
[1]
Editor's Note: Former Table No. 1, Building Code Permit Fees, which immediately followed this section, has been removed from the Code. See now the Fee Schedule on file at the City Clerk's office.