[HISTORY: Adopted by the Village Board of
the Village of Westfield as indicated in article histories. Amendments
noted where applicable.]
[Adopted as Title 12, Ch. 3 and §§ 12-5-2
and 12-5-6 to 12-5-9 of the 1985 Code]
A.
For the purpose of establishing rules and regulations
for the construction, alteration, removal, demolition, equipment,
use and occupancy, location and maintenance of buildings and structures,
the following provisions are hereby adopted and by reference made
a part of this article as if fully set forth herein:
B.
Any act required to be performed or prohibited by
an Administrative Code provision incorporated herein by reference
is required or prohibited by this article. Any future amendments,
revisions or modifications of the Administrative Code provisions incorporated
herein are intended to be made part of this article. A copy of these
Administrative Code provisions shall be kept on file in the Village
Clerk-Treasurer's office.
A.
No wall, structure, building or part thereof shall
hereafter be built, enlarged, or altered until a plan of the proposed
work, together with a statement of the materials to be used, shall
have been submitted in duplicate to the Chief of the Fire Department,
who shall, if in accordance with the provisions herein contained,
issue a permit for the proposed structure.
B.
Structures hereafter erected without permit, or not
in conformity with this article, shall be removed.
C.
No building shall be moved until a permit has been
obtained from the Chief of the Fire Department or other designated
official, and such official shall not issue such permit if in his
judgment the proposed new location of the building would seriously
increase the fire hazard of the surrounding buildings.
D.
Each zoning permit shall recite this section.
No permit as required by the Building Code and
no amendment to a permit shall be issued or approved until the appropriate
fee(s) as set by the county building inspection firm shall have been
paid.
[Added 11-11-1993]
The purpose of this section is to establish
minimum standards for the quantity, maintenance, and use of space
in residential building units so as to preserve and promote the public
interest and provide for the inspection of such units. A suitable
environment for safe, healthy, and desirable living can be enhanced
by providing adequate, well-maintained space and privacy for occupants
of all residential buildings.
A.
B.
Space use.
(1)
No cellar space shall be used as a sleeping room.
"Cellar space" is defined as an underground room designed primarily
for storage and/or utility access and not having a finished concrete
floor.
(2)
No basement space shall be used for a sleeping room
unless:
(a)
The floor and walls are impervious to leakage
of underground and surface runoff water and are insulated against
dampness.
(b)
The total window area in each room is at least
15 square feet and must be located entirely above the grade of the
ground adjoining the window area.
(c)
The window area must be capable of being opened
unless there is supplied some other device affording adequate ventilation
and which is approved by the Village Zoning Administrator.
C.
Maintenance. The purpose of this subsection is to
fix the responsibility of owners, operators and occupants of residential
buildings with regard to proper maintenance of such buildings.
(1)
General.
(a)
Every occupant of a residential building shall
keep in a clean, proper, safe, and sanitary condition that part of
the residential building and premises thereof, including but not limited
to garages, fences and accessory buildings, which he/she occupies
and controls.
(b)
Every owner of a residential building shall
be responsible for the effective extermination of any insects, rodents,
or other pests therein or on the premises.
(c)
Every occupant of a dwelling unit shall keep
all plumbing fixtures therein in a clean and sanitary condition and
shall be responsible for the exercise of reasonable care in the proper
use and operation thereof.
(d)
The owner or operator of a residential building
shall not occupy or let to another for occupancy any space unless
it is clean, sanitary, fit for human occupancy, and complies with
the requirements of this section.
(e)
Every owner, operator and occupant of a residential
dwelling shall utilize fire safety precaution practices wherever warranted.
(f)
Pursuant to § 101.645(3), Wis. Stats.,
the owner of a dwelling shall install a functional smoke detector
in the basement of the dwelling and on each floor level, except the
attic or storage area, of each dwelling unit. The occupant of such
a dwelling unit shall maintain any smoke detector in that unit, except
that if any occupant who is not the owner or a state, county, or Village
officer, agent or employee charged under statute or municipal ordinance
with powers or duties involving inspection of real or personal property
gives written notice to the owner that the smoke detector is not functional,
the owner shall provide, within five days after receipt of that notice,
any maintenance necessary to make that smoke detector functional.
(2)
Rental dwelling units.
(a)
Unless a repair is made necessary by the negligence
or improper use of the premises by the tenant, every owner of a residential
building containing two or more dwelling units (hereinafter referred
to as "landlord") shall be responsible for:
[1]
Keeping in a reasonable state of repair, cleanliness
and sanitary condition portions of the premises over which he/she
maintains control.
[2]
Keeping in a reasonable state of repair equipment
under his/her control necessary to supply services which he/she has
agreed, express or implied, to furnish to the tenant, such as heat,
water and air conditioning.
[3]
Making necessary structural repairs.
(b)
If the premises are part of a building, other parts of which are occupied by one or more other tenants, negligence or improper use by one tenant does not relieve the landlord from his/her duty as to the other tenants to make repairs as provided for in Subsection C(2)(a) above.
(c)
If the premises are damaged by the negligence
or improper use of the premises by the tenant, the tenant must repair
the damage and restore the appearance of the premises by redecorating.
However, the landlord may elect to undertake the repair or redecoration,
and in such case the tenant must reimburse the landlord for the reasonable
cost thereof. The cost to the landlord is presumed reasonable unless
proved otherwise by the tenant.
(d)
The tenant is also responsible to keep plumbing,
electrical wiring, machinery and equipment furnished with the premises
in reasonable working order if repair can be made at cost which is
nominal in relation to the rent.
(e)
If the premises become untenable because of
damage by fire, water or other casualty or because of any condition
hazardous to health, the tenant may remove from the premises unless
the landlord proceeds promptly to repair or rebuild or eliminate the
health hazard, or the tenant may remove if the inconvenience to the
tenant by reason of the nature and period of repair, rebuilding or
elimination would impose undue hardship on him/her. If the landlord
proceeds to repair or rebuild the premises or eliminate the hazard
to health and the tenant remains in possession, rent abates to the
extent the tenant is deprived of the full normal use of the premises.
If the tenant justifiably removes under this subsection, the tenant
is not liable for rent after the premises become untenable and the
landlord must repay any rent paid in advance apportioned to the period
after the premises became untenable. This subsection is inapplicable
if the damage or condition is caused by negligence or improper use
by the tenant.
D.
Inspection. The Zoning Administrator, Chief of Police
and/or Health Officer is authorized and empowered to inspect all residential
buildings within the Village for the purpose of determining whether
or not said residential buildings comply with the requirements of
this section. If any owner or occupant denies any such official entry
into any residential building or portion thereof, such official is
authorized to obtain inspection warrants from an appropriate court
and then enter and inspect said residential building pursuant to the
authority of such warrant. No owner of a residential building may
deny any of the above officials the right to enter and inspect any
portion thereof under the control of a tenant where the tenant has
consented to said entry and inspection.
A.
Incombustible walls, cornices and roofs required within
fire limits. Every building hereafter erected or enlarged within the
fire limits shall be enclosed on all sides with walls constructed
wholly of stone, brick, hollow building tile, concrete, or other equivalent
incombustible materials and shall have the rooftop and sides of all
roof structures, including dormer windows, covered with incombustible
materials. All cornices shall be of incombustible material.
B.
Permissible wooden structures within fire limits.
No frame or wooden structure shall hereafter be built within the fire
limits as given herein, or as they may be hereafter established, except
the following, and all roofs placed upon such buildings or structures
shall have an incombustible covering:
(1)
Temporary one-story frame buildings for use of builders.
(2)
One-story sheds not over 15 feet high, open on the
long side, with sides covered with incombustible material and with
an area not exceeding 500 square feet. A wooden fence shall not be
used to form the back or side of such sheds.
(4)
Plazas or balconies not exceeding 10 feet in width
nor extending more than three feet above the second-story floor beams.
No such structure shall extend beyond the lot line or be joined to
any similar structure of another building.
(5)
Bay windows when covered with incombustible material.
(6)
Small outhouses not exceeding 150 square feet in area
and eight feet in height. Wooden sheds or outhouses shall not be located
within five feet of any lot line nor less than 30 feet from any other
building over one story high.
(7)
Grain elevators, coal pockets, or ice houses, as usually
constructed. No frame building shall be moved from without to within
the fire limits.
C.
Repairing frame buildings within fire limits. Any
existing frame building within the fire limits which may hereafter
be damaged by fire, decay or otherwise to an amount greater than 1/2
of its present value, exclusive of the foundation, shall not be repaired
or rebuilt but shall be removed.
A.
Protection of ends of wooden beams. The ends of all
flooring, ceiling or roof beams entering a party or fire wall from
opposite sides shall be separated by at least six inches of solid
masonry. Such separation may be obtained by corbeling the wall or
staggering the inches for this purpose. The ends of all wooden beams
which enter walls shall be cut to a bevel to make them ported by steel
wall hangers, but no wall shall be corbeled more than two beams, or
the beams may be self-releasing.
B.
Protection of wall openings. No openings in an interior
division wall shall exceed eight feet by 10 feet. If the opening is
in a party or fire wall it shall have a standard automatic fire door
on each side of the wall. If any opening in a fire wall is made to
serve as an emergency exit, it shall not exceed 48 square feet in
area, and a self-closing swinging fire door shall be substituted for
one of the automatic fire doors. The total width of openings in a
fire wall shall not exceed 25% of the length of the wall.
C.
Roof covering. Every building hereafter erected within
the corporate limits shall have a fire-resistive roof covering, and
no existing wooden shingle roof, if damaged more than 10%, shall be
renewed or repaired with other than a fire-resistive roof covering.
D.
Fire stops. At each floor level in all buildings hereafter
erected, all stud walls, partitions, furrings, and spaces between
joists where they rest on division walls or partitions shall be fire-stopped
with incombustible material in a manner to completely cut off communication
by fire through concealed spaces. Such fire-stopping shall extend
the full depth of the joists and at least four inches above each floor
level. Stair carriages shall be fire-stopped at least once in the
middle portion of each run.
A.
No frame building hereafter erected or altered shall
exceed two stories or 30 feet in height, except that private dwellings
may be three stories or 35 feet high.
B.
No frame building hereafter erected for any occupancy
other than grain elevators, load elevators and pockets, ice houses
and exhibition buildings shall cover a ground area exceeding the following:
one-story building, 7,500 square feet; two-story building, 5,000 square
feet.
C.
In no case shall a frame building be erected within
five feet of the side or rear lot line nor within 10 feet of another
building, unless the space between the studs on such side are filled
solidly with not less than 2 1/2 inches of brickwork or other
equivalent incombustible material.
D.
In rows of frame houses the dividing walls or partitions
between houses shall be built of brick, hollow tile, concrete or other
incombustible material or they may be built with four-inch studs,
filled solidly with brickwork laid in mortar, or with other incombustible
material and be covered with metal lath and plaster. Such dividing
partitions shall rest on masonry walls and shall extend to the underside
of roof boards. A flush mortar joint shall be made between the roof
boards and the wall or partition. In rows of more than three houses
every alternate division wall or partition shall be constructed of
solid brickwork not less than eight inches in thickness.
E.
Buildings with wooden framework clad with sheet metal
or stucco or veneered with brick shall be classed as frame buildings.
F.
Outside the fire limits, when any building is to be erected of brick, stone, hollow block, or concrete that might under this article be constructed of wood, the Chief of the Fire Department or other designated official is hereby authorized and directed to allow reasonable modifications of this article relating to brick buildings, in consideration of the use of incombustible material instead of wood. Such modifications, however, shall not permit variations from the requirements of § 219-9 of this article.
All electrical installations shall conform to
the requirements of the National Electrical Code.
All chimneys which form a part of a building
construction and not used for high-pressure boilers or other furnaces
where high temperatures are maintained shall be constructed in accordance
with the requirements of the Ordinance for Construction of Chimneys
issued by the National Board of Fire Underwriters.
A.
No smoke pipe shall be within 12 inches of any woodwork
or any wooden lath and plaster partition or ceiling unless the surface
above the pipe is protected by metal lath and plaster.
B.
Where smoke pipes pass through a wooden lath and plaster
partition, they shall be guarded by galvanized iron ventilated thimbles
at least 12 inches larger in diameter than the pipes or by galvanized
iron thimbles built in at least eight inches of brickwork or other
incombustible material.
A.
All heater pipes from hot air furnaces where passing
through combustible partitions, or floors, shall be doubled tin pipes
with at least 1/2 inch air space between them. Horizontal hot air
pipes leading from a furnace shall not be less than six inches from
any woodwork unless the woodwork is covered with loose-fitting tin
or the pipe is covered with at least 1/2 inch of corrugated asbestos,
in which latter case the distance from the woodwork may be reduced
to not less than three inches.
B.
No hot air pipe shall be placed in a wooden stud partition
or any wooden enclosure unless at least five feet distant horizontally
from the furnace. Hot air pipes contained in combustible partitions
shall be placed inside another pipe arranged to maintain 1/2 inch
air space between the two on all sides or be securely covered with
1/2 inch of corrugated asbestos. Neither the outer pipe nor the covering
shall be within one inch of wooden studding, and no wooden lath shall
be used to cover the portion of the partition in which the hot air
pipe is located. Hot air pipes in closets shall be double with a space
of at least one inch between them on all sides.
C.
Every hot air furnace shall have at least one register
without valve or louvers.
D.
A register located over a brick furnace shall be supported
by a brick shaft built up from the cover of the hot air chamber; said
shaft shall be lined with metal pipe, and no woodwork shall be within
three inches of the outer face of the shaft.
E.
A register box placed in the floor over a portable
furnace shall have an open space around it of not less than four inches
on all sides and be supported by an incombustible border. Hot air
registers placed in any woodwork or combustible floors shall be surrounded
with borders of incombustible material not less than two inches wide,
securely set in place.
F.
The register boxes shall be of metal and be double
the distance between the two, shall be not less than one inch, or
they may be single in thickness, and if all woodwork within two inches
is covered with metal.
G.
Cold air ducts for hot air furnaces shall be made
of incombustible material.
No steam or hot water pipe shall be within one
inch of any woodwork. Every steam or hot water pipe passing through
combustible floors, or ceilings, or wooden lath and plaster partitions,
shall be protected by a metal tube one inch larger in diameter than
the pipe and be provided with a metal cap. All wooden boxes, or casings
enclosing steam or hot water heating pipes, or wooden covers to recesses
in walls in which steam or hot water heating pipes are placed, shall
be lined with metal.
A.
No kitchen range or stove in any building shall be
placed less than three feet from any woodwork or wooden lath and plaster
partition unless the woodwork or partition is properly protected by
metal shields, in which case the distance shall be not less than eight
inches. Metal shields shall be loosely attached, thus preserving an
air space behind them.
B.
Hotel and restaurant ranges shall be provided with
a metal hood, placed at least nine inches below any wooden lath and
plaster or wooden ceiling, and have an individual pipe outlet connected
to a good brick flue. The pipe shall be protected by at least one
inch of asbestos covering or its equivalent.
C.
Combustible floors under coal ranges and similar appliances
without legs in which hot fires are maintained shall rest upon six-inch
foundations built of incombustible materials supported within the
thickness of the floor framing. Such hearths shall extend at least
24 inches in front and 12 inches on the sides and back of the range
or similar heating appliance.[1]
D.
All coal stoves or ranges with legs shall be set on
incombustible material which shall extend at least 12 inches in front.
The Chief of the Fire Department or other designated
official is hereby authorized and empowered to:
A.
Any and all persons who shall violate any of the provisions of this article or fail to comply therewith, or who shall violate or fail to comply with any order or regulation made thereunder or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, shall severally and for each and every such violation and noncompliance respectively be subject to a penalty as provided in Chapter 1, § 1-3 of this Code. The imposition of one penalty for violation of this article shall not excuse the violation or permit to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and, when not otherwise specified, each 10 days prohibited conditions are maintained shall constitute a separate offense.[1]
Nothing in this article or in the Building Code
hereby adopted shall be construed to affect any suit or proceeding
now pending before any court, or any rights acquired or liability
incurred, nor any cause or causes of action accrued or existing, under
any act or ordinance repealed hereby, nor shall any right or remedy
of any character be impaired or affected by this article.
The invalidity of any section or provisions
of this article or of the Building Code hereby adopted shall not invalidate
other sections or provisions thereof.
[Adopted as §§ 3-2-21 and
3-2-23 and Title 12, Ch. 2 of the 1985 Code]
A.
Chapter Comm 10, Flammable and Combustible Liquids,
and Ch. Comm 14, Fire Prevention, are hereby adopted and by reference
made a part of this article as if fully set forth herein.
B.
Any act required to be performed or prohibited by
an Administrative Code provision incorporated herein by reference
is required or prohibited by this article. Any future amendments,
revisions or modifications of the Administrative Code provisions incorporated
herein are intended to be made part of this article. A copy of these
Administrative Code provisions shall be kept on file in the Village
Clerk-Treasurer's office.
The code hereby adopted shall be enforced by
the Chief of the Fire Department.
Wherever the word "municipality" is used in
the code hereby adopted it shall be held to mean the Village of Westfield.
The Chief of the Fire Department shall have
the power to modify any of the provisions of the code hereby adopted
upon application in writing by the owner or lessee, or his duly authorized
agent, when there are practical difficulties in the way of carrying
out the strict letter of the code, provided that the spirit of the
code shall be observed, public safety secured, and substantial justice
done. The particulars of such modification when granted or allowed
and the decision of the Chief of the Fire Department thereon shall
be entered upon the records of the Department and a signed copy shall
be furnished to the applicant.
Whenever the Chief of the Fire Department shall
disapprove an application or refuse to grant a permit applied for,
or when it is claimed that the provisions of the code do not apply
or that the true intent and meaning of the code have been misconstrued
or wrongly interpreted, the applicant may appeal from the decision
of the Chief of the Fire Department to the Westfield Village Board
within 30 days form the date of the decision appealed.
[Amended 3-12-1991]
All those districts which are labeled as B-1
contained in the Westfield Official Zoning Map are included in the
fire district.[1]
[Added 12-8-1998; amended 11-10-2009 by Ord. No. 09:10]
A.
Purpose. This section is intended to promote the public health, safety,
comfort, and living conditions of the citizens of the Village of Westfield
due to the air pollution of outdoor burning. This section is also
intended to encourage residents to reuse, recycle, donate, compost,
and dispose of materials correctly.
B.
Applicability. This section applies to all outdoor burning within
the Village of Westfield.
(1)
This section does not apply to grilling or cooking using charcoal,
wood, propane or natural gas in cooking or grilling appliances.
(2)
This section does not apply to burning in a stove, furnace, fireplace
or other heating device within a building used for human or animal
habitation unless the material being burned includes refuse as defined
in this section.
(3)
This section does not apply to the Village of Westfield Public Works
Department as it relates to the open burning of leaves, weeds, brush,
stumps, clean wood and other vegetative debris.
C.
CAMPFIRE
CLEAN WOOD
OPEN BURNING
OUTDOOR BURNING
OUTDOOR WOOD-FIRED FURNACE
REFUSE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A small outdoor fire intended for recreation or cooking,
not including a fire intended for disposal of waste wood or refuse.
Natural wood which has not been painted, varnished or coated
with a similar material, has not been pressure treated with preservatives
and does not contain resins or glues as in plywood or other composite
wood products.
Kindling or maintaining a fire where the products of combustion
are emitted directly into the ambient air without passing through
a stack or a chimney.
Open burning or burning in an outdoor wood-fired furnace.
A wood-fired furnace, stove or boiler that is not located
within a building intended for habitation by humans or domestic animals.
Any waste material except clean wood.
D.
General prohibition on open burning, outdoor burning and refuse burning.
Open burning, outdoor burning and refuse burning are prohibited in
the Village of Westfield, unless the burning is specifically permitted
by this section.
E.
Materials that may not be burned.
(1)
Rubbish or garbage, including but not limited to food wastes, food
wraps, packaging, animal carcasses, paint or painted materials, furniture,
composite shingles, construction or demolition debris or other household
or business wastes.
(3)
Asphalt and products containing asphalt.
(4)
Treated or painted wood, including but not limited to plywood, composite
wood products or other wood products that are painted, varnished or
treated with preservatives.
(5)
Any plastic material, including but not limited to nylon, PVC, ABS,
polystyrene or urethane foam, and synthetic fabrics, plastic films
and plastic containers.
(6)
Rubber, including tires and synthetic rubber-like products.
(7)
Newspaper, corrugated cardboard, container board, office paper and
other materials that must be recycled except as provided in this section.
Paper and cardboard products may be used only as a starter fuel for
a fire that is allowed under this section.
F.
Open burning of leaves, brush, clean wood and other vegetative debris.
Open burning of leaves, weeds, brush, stumps, clean wood and other
vegetative debris is allowed only in accordance with the following
provisions:
(1)
Outdoor campfires for cooking, ceremonies, or recreation are allowed,
provided that the fire is confined by a control device or structure
such as a fire ring or fire pit (44 inches by 44 inches in diameter
and no more than 24 inches in height from the bottom of the pit).
[Amended 11-10-2015 by Ord. No. 15:10]
(2)
Except for campfires, open burning shall only be conducted during
the months of March, April and May and again during the months of
September, October and November and only between the hours of 4:00
p.m. and 12:00 midnight. All smoldering fires must be totally extinguished
by 12:00 midnight.
(3)
No materials may be burned upon any street, curb, gutter or sidewalk
or on the ice of a lake, pond, stream or water body.
G.
Burn barrels. No person shall use or maintain a burn barrel in the
Village of Westfield.
H.
Outdoor wood-fired furnaces. No person shall use or maintain an outdoor
wood-fired furnace in the Village of Westfield. Existing furnaces
at the time of the adoption of this section are grandfathered and
shall not be used to burn any of the prohibited materials listed in
this section.
I.
Liability. A person utilizing or maintaining an outdoor fire shall
be responsible for all fire-suppression costs and any other liability
resulting from damage caused by the fire.
J.
Right of entry and inspection. The Fire, Police and Public Works
Departments may inspect any property for the purpose of ascertaining
compliance with the provisions of this section.
A.
Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Westfield Village Board or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively be punishable as provided in Chapter 1, § 1-3, of this Code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and, when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.
[Amended 5-8-2007 by Ord. No. 10:07]
B.
The application of the above penalty shall not be
held to prevent the enforced removal of prohibited conditions.
The invalidity of any section or provision of
this article or of the Fire Prevention Code hereby adopted shall not
invalidate other sections or provisions thereof.
