Town of Winneconne, WI Building Construction

The purpose of this chapter is to protect the public health, welfare and safety of the citizens of the Town of Winneconne through proper inspection of buildings and structures that are constructed and maintained within the Town of Winneconne by the issuance of an occupancy permit that certifies as to the ability and right to occupy such buildings and structures as being safe for human habitation and occupation.

This chapter requires and regulates the issuance of occupancy permits for all classes of buildings and structures erected within the Town and for use in human habitation, human occupation, businesses of a commercial, industrial or other nature and all other structures that may be used or frequented by human beings.

§ 120-3 Dwelling and building codes adopted.

[Amended 12-19-2019 by Ord. No. 2019-6]

The Wisconsin Uniform Dwelling Code, Ch. SPS 316 and Chs. SPS 320 to 325, Wis. Adm. Code, the International Building Code and the National Electrical Code, and all amendments thereto, are adopted and incorporated by reference and shall apply as appropriate to all buildings within the scope of this chapter.

§ 120-4 Building Inspector.

There is hereby created the position of Building Inspector, who shall administer and enforce this chapter and shall be certified by the Division of Safety and Buildings, as specified by § 101.66(2), Wis. Stats., in the category of Uniform Dwelling Code Construction Inspector. Additionally, this or other assistant inspectors shall possess the certification categories of UDC HVAC, UDC Electrical, and UDC Plumbing.

§ 120-5 Building permit required.

No person shall alter, build, modify or add onto or alter any building within the scope of this chapter without first obtaining a building permit for such work from the Building Inspector. Any structural changes or major changes to mechanical systems that involve extensions shall require permits. Restoration or repair of an installation to its previous code-compliant condition as determined by the Building Inspector is exempted from permit requirements. Finishing of interior surfaces and installation of cabinetry shall be exempted from permit requirements.

§ 120-6 Occupancy permit required.

No person, firm, business, association, partnership, company or other entity shall occupy or use any buildings or structures erected within the Town until an occupancy permit certifying as to its safety for human habitation, use or occupancy has been issued by the Building Inspector.

An occupancy permit is required to better ensure that a building or structure will not be occupied prior to compliance with all applicable codes, laws, regulations and ordinances and that the project is completed as per the plans submitted with the building permit application.

Application for an occupancy permit shall be concurrent with the application for a building permit. Payment of the building permit fee does not constitute approval for an occupancy permit.

No occupancy permit shall be granted nor shall any permit escrow money be returned until the project is completed as per the plans submitted with the building permit application, with the exception of decks for dwelling units.

The exterior items that shall be completed before occupancy include exterior wall finishes, exterior wall penetrations sealed; weathertight roofing, soffit, fascia, any porch and/or stoops shown on the plan, and the yard shall have the rough grade pitched away from the building.

No occupancy permit shall be granted until the structure is connected to the approved sanitary sewer system, if applicable.

§ 120-7 Occupancy inspections.

The Building Inspector shall cause the building(s) or structure(s) for which a building permit has been issued to be completely and thoroughly inspected, including its structural, nonstructural, electrical, plumbing, life safety, mechanical and other components before an occupancy permit is issued. Inspections and approvals for the issuance of an occupancy permit shall include, in addition thereto, such systems as are required by the State of Wisconsin and Winnebago County before such occupancy permit is issued.

§ 120-8 Building permit escrow fee forfeiture and refund.

The building permit escrow fee shall be forfeited if the project is occupied or put into use prior to the granting of an occupancy permit. The building permit escrow fee shall otherwise be refunded upon final inspection by the Building Inspector and upon issuance of an occupancy permit.

§ 120-9 Appeal of denial of occupancy permit; notice of violation.

A person denied an occupancy permit by the Building Inspector may appeal such decision to the Town Board. Such appeals shall be made within 30 days of the date of such denial.

When a violation has been identified, the Building Inspector shall give written notice indicating the code violation. If the violation is not remedied immediately, the Building Inspector shall report such violation to the Town Chairman, whose duty it shall be to bring the matter before the Town Board.

§ 120-10 Building permit fees.

The building permit fees shall be determined by resolution.

§ 120-11 Enforcement.

The enforcement of this chapter and all other laws and ordinances relating to building shall be by means of the withholding of building permits, imposition of forfeitures and injunctive action. The amount of the forfeiture assessed shall be twice the amount of the building permit fee at the time said forfeiture is assessed.