[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.
The provisions of the Burlington Uniform Building
Code (this code) shall govern the design, construction, alteration,
demolition and moving of all buildings and structures.
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.
[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.
[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.
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.
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.
[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.
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)]
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.
[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).
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.
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:
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]
(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.
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.
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.
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.
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]
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.
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.
A.
ACCESSORY BUILDING
ATTACHED PRIVATE GARAGE
DETACHED PRIVATE GARAGE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A detached structure subordinate to the principal use of
a structure and located on the same lot or parcel.
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.
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 residential accessory structures and detached garages shall be governed by the applicable area requirements contained in Chapter 315, Zoning. The maximum size of the accessory buildings shall not exceed the following square footage for each lot size, or 20% of the area of the required rear yard, whichever is less, provided that the total footprints of all of the accessory buildings or other structures do not cover more than 20% of the required rear yard:
[Amended 5-18-2021 by Ord. No. 2065(1)]
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)]
A.
ATTACHED DECK
DECK
DETACHED DECK
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any deck which is physically connected to the principal building
or accessory structure.
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.
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]
D.
Framing.
(1)
General requirements.
(2)
(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.
(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.
(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)]
(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.
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.
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)]
[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.
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.
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.
All materials shall be identified by the approved
label, the grade mark, the trademark or by other approved manufacturer's
identification.
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]
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.
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.
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.