A.
Title. This article shall be known as the "Building Code of the City
of Fond du Lac" and may be cited as such.
B.
Purpose. This article provides certain minimum standards, provisions
and requirements for safe and stable design, methods of construction
and uses of materials in buildings and structures hereafter erected,
constructed, enlarged, altered, repaired, moved, converted to other
uses or demolished and regulates the equipment, maintenance, use and
occupancy of all buildings and structures.
C.
Supplemental to statutes. Except as may be specifically provided herein, no provision of the Chapter 720, Zoning, of the Code of the City of Fond du Lac shall be nullified by the provisions of this article. The provisions of this article shall be deemed to supplement any and all laws of the state and rules and regulations of the Department of Safety and Professional Services relating to buildings. Where requirements conflict, the stricter requirements shall govern.
D.
Scope. This article shall apply to all new commercial, industrial
and residential buildings and accessory buildings and structures erected
within the territorial limits of the City or moved into the City.
It shall also apply to existing buildings when this article so provides,
unless technically infeasible.
[Amended 4-24-2014 by Ord. No. 3544]
A.
Inspection services for one- and two-family dwellings.
(1)
Administrative Code provisions adopted.
[Amended 9-23-1998 by Ord. No. 2946; 3-14-2001 by Ord. No. 3036]
(a)
The following chapters of the Wisconsin Administrative Code
are hereby adopted and incorporated into this article by reference:
|
SPS 320
|
Administration and Enforcement
| |
|
SPS 321
|
Construction Standards
| |
|
SPS 322
|
Energy Conservation
| |
|
SPS 323
|
Heating, Ventilation and Air Conditioning
| |
|
SPS 324
|
Electrical Standards
| |
|
SPS 325
|
Plumbing
| |
|
SPS 361 to 365
|
Commercial Building Code
| |
|
SPS 366
|
Existing Buildings
| |
|
SPS 375 to 379
|
Buildings Constructed Prior to 1914
|
(b)
Any future amendments, revisions, renumberings, or modifications
of the Wisconsin Administrative Code incorporated herein are intended
to be made part of this article in order to secure uniform statewide
regulation of these matters.
(2)
Administration and enforcement. The Building, Heating, Electrical
and Plumbing Inspectors, as certified by the Department of Safety
and Professional Services, are hereby authorized and directed to administer
and enforce all of the provisions of this subsection.
(3)
Conflicting ordinances. Any existing ordinances pertaining to the
construction of new dwellings that conflict with the provisions of
this section are hereby repealed.
(4)
Building permit required. No person shall build or cause to be built
any one- or two-family dwelling without first obtaining a state uniform
building permit for such dwelling. Such building permit shall be furnished
by the City. A copy of such permit issued shall be filed with the
City Inspection Division.
(5)
Penalties. The City Council shall provide for enforcement of this
subsection and all other laws and ordinances relating to buildings
by means of the withholding of building permits, imposition of forfeitures
and actions for injunctions.
B.
New buildings. New buildings or structures hereafter erected in the
City shall conform to all the requirements of this article, and all
of the requirements of this article provided apply to new buildings.
C.
Existing buildings. The following specified requirements shall apply
to existing buildings which, for any reason whatsoever, do not conform
to the requirements of this article. Every alteration or repair to
any part of any existing building shall be made to conform to the
requirements of this article for new buildings, except if technically
infeasible.[1]
[Amended 4-24-2014 by Ord. No. 3544]
[1]
Editor's Note: Original § 14.02(4), Changed use,
which immediately followed this subsection, was repealed 4-24-2014
by Ord. No. 3544.
D.
Maintenance. The requirements of this article covering the maintenance
of buildings shall apply to all buildings and structures now existing
or hereafter erected.
E.
Time of construction operations. It shall be unlawful to conduct
any construction operations outside of an enclosed building between
the hours of 9:00 p.m. and 6:00 a.m. Monday through Friday, and the
hours of 9:00 p.m. and 7:00 a.m. on Saturday and Sunday, in any place
where a majority of the buildings within a radius of 400 feet are
used in part or exclusively for residential purposes. Emergency situations
involving the repair of essential services or the protection and safety
of persons or property shall be exempt from the terms of this subsection.
[Amended 10-11-1995 by Ord. No. 2802]
A.
Authority. The Building Inspector shall have full power to pass upon
any question arising under the provisions of this article relating
to buildings and/or structures, subject to the conditions, modifications
and limitations contained in the Wisconsin Statutes, State Building
Code and this article.
B.
Records. The Building Inspector shall keep a record of all applications
for building permits and regularly number each permit in the order
of its issue. He shall keep a record showing the number, description
and size of all buildings erected during his term of office, indicating
the kind of materials used, the cost of each building and the aggregate
cost of all buildings of the various classes. He shall keep a record
of all inspections made, all removal and condemnation of buildings
and a record of all fees collected by him, showing the date of their
receipt and delivery to the City Treasurer.
C.
Enforcement. The Building Inspector is hereby authorized and directed
to enforce all of the provisions of this article. The Building Inspector
may designate this authority to other appointed officers.
D.
Entry onto premises. The Building Inspector or his authorized representative
may enter any building or premises at any reasonable time for the
purpose of inspection or to prevent violation of this article upon
presentation of the proper credentials. Application for and acceptance
of a permit under this article shall constitute a consent to such
entry. Any person interfering with the Inspector while in performance
of the duties prescribed in this subsection shall be deemed guilty
of a violation of this article.
E.
Ordering work stoppage. Whenever any building work is being done
contrary to the provisions of this article or is being done in an
unsafe manner, the Building Inspector may order the work stopped by
notice, in writing, served on any person engaged in the doing or causing
the work to be done and any such person shall immediately stop the
work until authorized by the Building Inspector to recommence and
proceed with the work.
F.
Order to vacate. Whenever any building or portion thereof is being
used or occupied contrary to the provisions of this article, the Building
Inspector shall order such use or occupancy discontinued and the building
or portion thereof vacated by serving notice on any person using or
causing such occupancy to be continued, and the person shall vacate
such building or portion thereof within 10 days after receipt of such
notice or make the building or portion thereof comply with the requirements
of this article.
[Added 8-24-2016 by Ord.
No. 3612]
A.
Required. Except as required by state law, no person shall alter
or install electrical wires and apparatus for the utilization of electrical
current for light, heat or power in the City without first having
procured a license as provided below. Application for such license
shall be made to the Electrical Inspector.
B.
Facilities maintenance wiring license.
(1)
Any employee designated as the employee responsible for the
maintenance, alteration or repair of electrical wiring, fixtures or
equipment on the premises of his employer shall obtain a facilities
maintenance wiring license unless he is under the direct supervision
of a Master Electrician employed by the same employer and holds an
electrical credential with the State of Wisconsin. Applicants for
a facilities maintenance wiring license shall pay an examination fee
set by resolution of the City Council and furnish written evidence
of the following qualifications:
(2)
The facilities maintenance wiring license is transferable from
one employer to another subject to the approval of the Electrical
Inspector.
C.
Working without license.
(1)
When allowed. Employees of electrical, telephone, telegraph
and railway utilities may perform the planning or superintending and
installation, operation and maintenance of equipment and materials
required for the operation of the business of such utilities without
a license, but when such employees perform work on property or premises
of other persons, except when making service connections and installing
and testing transformers, meters and other equipment ordinarily furnished
by and remaining the property of the utility, they shall be licensed
in the manner provided for in this article.
(2)
Homeowner's permit required. A homeowner who owns and occupies
his permanent residence of a single-family dwelling may personally
complete the wiring, but a permit must be procured and work inspected
and approved in the same manner as for a licensed electrician. An
owner must prove his competence to conform to all rules and regulations
by furnished plans or drawings of a proposed work when requested by
the Inspector. The Electrical Inspector has the right to deny or revoke
a permit if the Inspector feels the homeowner is not competent to
complete the wiring in a safe manner.
D.
Applications. Applications for a facilities maintenance wiring license
shall be made to the Electrical Inspector on forms furnished by him
and before such license shall be issued.
E.
Fees. Annual license fees shall be paid to the City in an amount
set by resolution of the City Council.
F.
Revocation of license. Any license granted under this article may
be revoked by the Electrical Inspector if the licensee violates any
ordinance or law relating to electrical work or is guilty of installing
electrical construction which is a hazard to life or property. The
contractor, master and employer of licensee are jointly and severally
responsible for compliance with the Electrical Code. When a license
is revoked, a new license shall not again be granted to the same licensee
for a period of 30 days nor until the licensee shall have corrected
the faulty construction in accordance with the provisions of this
article and shall have made application and paid the fees as required
for the original license. The Electrical Inspector shall have discretionary
power to withhold the granting of a new license for cause for a period
not to exceed six months.
G.
Renewals. All licenses shall expire on the 30th day of June next
after date of issuance, unless sooner revoked. Licenses may be renewed
upon application, approval and payment to the City of the renewal
fee pertaining to that class of license not later than the 30th day
of June in the year in which the license expires. If a license is
permitted to expire and is not renewed within 30 days after date of
expiration, the former holder shall have the same status as a person
not previously licensed.
A.
Required.
(1)
No person shall excavate for, erect or construct any building, structure
or mobile home park, add to, enlarge, move, improve, alter, convert,
repair, extend or demolish any building, structure or mobile home
park or to cause the same to be done without first obtaining a building
permit therefor from the Building Inspector, nor shall any person
install, replace or make any alteration or addition to any heating
plant, gasoline tank, oil tank, elevator, or toilet room or make any
repairs to buildings or structures damaged by fire or otherwise without
first obtaining a permit therefor from the Building Inspector.
(2)
This article shall not be construed to require a permit for any repairs
or minor alterations which do not change the occupancy, area, structural
strength, fire protection, exits, lights or ventilation of a building.
(3)
Historic buildings regulated. Construction, reconstruction and exterior alteration of historic sites or structures shall be regulated in accord with Chapter 374, Historic Preservation, § 374-5B. No owner or person in charge of a designated historic site or structure, or a site or structure within a historic district, shall reconstruct or alter all or any part of the exterior of such property, construct any improvement upon such designated property(s), or cause or permit any such work to be performed unless a certificate of appropriateness has been granted by the Historic Preservation Commission. Absent such certificate, the Building Inspector shall not issue a permit for any exterior building reconstruction or alteration.
[Amended 10-27-2004 by Ord. No. 3228]
B.
Plans and specifications.
(1)
The application for a permit for all buildings shall be accompanied
by two complete sets of dimensioned plans not less than 1/8 inch per
foot scale or electronic dimensioned plans, showing all footings,
foundation walls, basement area and each habitable floor separately,
elevations, structural section from footing through roof, any specifications
describing the kind, size, quality and grade of all construction material.
A plot plan showing the shape and dimensions of the lot and the lines
within which the buildings or structures are to be erected or altered
shall be included.
[Amended 3-28-2018 by Ord. No. 3659]
(2)
The Building Inspector may waive the requirement for filing plans
when the work involved is of a minor nature and the building operation
is adequately described in the application. All plans shall bear the
name of the architect, engineer or person responsible for their preparation.
(3)
When compliance with state statutes governing building or heating
and ventilation construction is required, the application shall be
accompanied by a set of plans approved by the Wisconsin Department
of Safety and Professional Services. Plans may be reviewed by the
Building Inspector as a delegated agent in lieu of the Wisconsin Department
of Safety and Professional Services as allowed per Ch. SPS 361, Wis.
Adm. Code.[1]
[Amended 11-9-2022 by Ord. No. 3762]
[1]
Editor's Note: Former Subsection B(4), regarding plans containing
less than 50,000 cubic feet, which immediately followed, was repealed
11-9-2022 by Ord. No. 3762.
C.
Issuance of permits.
(1)
Plans and specifications which comply with all applicable laws and regulations, including Chapter 720, Zoning, shall be endorsed or stamped "Conditionally approved," and the permit shall be issued in the name of the owner. If plans and specifications do not comply with all applicable laws and regulations, the Building Inspector may refuse to issue the permit or has discretion to issue a conditional permit, subject to any written orders necessary to bring the proposed construction within compliance. One approved set of plans and specifications shall be retained by the Building Inspector, and one set shall be returned to the applicant, which latter set shall be kept on the building site at all times while the work authorized thereby is in progress and shall be open to inspection by authorized public officials.
[Amended 3-28-2018 by Ord. No. 3659]
(2)
The issuance of a permit under specifications and plans shall not
prevent the Building Inspector from thereafter requiring the correction
of errors in the specifications and plans or from preventing building
operations being carried on thereunder where in violation of this
article or any laws of the state.
(3)
No building permit shall be issued prior to the construction of an
all-weather roadway to serve any lot or lots planned for development.
Such roadway shall be excavated in accord with City approved design
standards, and shall include granular base course material in place.
[Amended 2-26-1997 by Ord. No. 2881]
D.
Posting of permits. The applicant shall post the permit in a conspicuous
place on the premises where the building is being or shall be erected
or where the work is being done unobstructed from public view.
[Amended 3-28-2018 by Ord. No. 3659]
E.
Expiration. Permits shall expire if the work authorized is not commenced
within six calendar months from the date of such permit or 12 months
from the start date of issue. Before such work can be recommenced,
a new permit shall first be obtained and the fee therefor shall be
1/2 the amount of the original permit fee, but not less than the minimum
permit fee. A detailed timeline shall be completed for completion
of the project. Failure to meet the timelines for completion shall
make the permit void.
[Amended 8-24-2016 by Ord. No. 3612]
[Amended 8-24-2016 by Ord. No. 3612]
Building permit fees shall be paid to the City upon issuance
of a permit as required by this article. Permit fees shall be based
on the cost of the job, including the cost of labor and material,
and shall be paid in an amount set by resolution of the City Council.
A.
Whenever the provisions of this article or of the plans and specifications
approved thereunder are not complied with, a stop-work order shall
be served on the owner or his representative and a copy thereof may
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 cited violation
has been corrected.
[Amended 4-24-2014 by Ord. No. 3544]
B.
Such stop-work order shall not prevent other trades from continuing
with their work, unless so stated in the stop-work order and providing
the continued work of other trades would not be in conflict with the
stop-work order.
[Amended 10-11-1995 by Ord. No. 2802; 5-23-2001 by Ord. No. 3047; 1-11-2012 by Ord. No. 3483; 4-24-2014 by Ord. No. 3544; 3-28-2018 by Ord. No. 3659]
A.
Any land vacant on July 1, 1967, and any building, structure, addition
or major alteration thereto constructed after July 1, 1967, will not
be used or occupied until a certificate of occupancy has been issued
by the Building Inspector, except temporary occupancy pending completion
of the building when approved, in writing, by the Building Inspector.
No new use, change of building use or land use, or change of occupancy
(i.e., change of use classification) will be made of any land, building
or structure until a certificate of occupancy has been issued. The
requirement for a certificate of occupancy for a change of use or
change of occupancy (i.e., change of use classification) will apply
to nonresidential uses at such time as a building, electrical or plumbing
permit is required for work, including remodeling, modification, alteration,
addition and/or expansion.
B.
Failure to comply with all provisions of this article may result
in the withholding of required certificate of occupancy pending compliance
with the requirements of this article.
C.
Every application for a building permit will be deemed to be an application
for a certificate of occupancy. Every application for a certificate
of occupancy for a new use of land or existing building or structure
where no zoning certificate is required will be made to the Building
Inspector.
D.
A certificate of occupancy will be issued only after the Building
Inspector has inspected the premises and finds:
E.
Every certificate of occupancy shall be dated, will state that the use or occupancy complies with the provisions of Chapter 720, Zoning, and shall be signed by the Building Inspector. For commercial projects, the Fire Inspector must sign the certificate of occupancy.
F.
The certificate of occupancy will be issued, or written notice will
be given to the applicant specifying the reasons why a temporary or
permanent certificate cannot be issued, not later than seven business
days after the Building Inspector is notified in writing that the
building or premises is ready for occupancy.
G.
If occupancy or use of a building, structure or land is desired prior
to completion of all plan details which must be complied with, the
Building Inspector may issue a temporary certificate of occupancy
as follows:
(1)
For a period not to exceed 12 months from the date of its issuance.
(2)
The portion of the land, building or structure for which the temporary
certificate of occupancy is issued has been completed and meets the
requirements of all applicable City code regulations, and the remaining
portion of the land, building or structure is in the process of completion.
H.
Project deposit. Project deposit will be paid by the builder or property
owner at the time of permit issuance. This requirement will apply
to new residential, new commercial, new industrial construction, any
additions or renovations to a structure, new accessory buildings,
or demolition. The fee will be as set forth by the City Council. Funds
will be returned to the builder or property owner upon issuance of
a final certificate of occupancy, less any reinspection fees. The
project deposit will be forfeited to the City of Fond du Lac for use
in completing the required work if occupancy is taken prior to the
completion of final inspections and the issuance of a certificate
of occupancy and/or prior to the issuance of a temporary certificate
of occupancy.
A.
Appeal from determination of the Building Inspector.
(2)
The owner of a building or structure or any other person may appeal
from the decision of the Building Inspector refusing to grant a modification
of the provisions of this article covering the manner of construction
or materials to be used in the erection, alteration or repair of a
building or structure.
(3)
Application for appeal may be made when it is claimed that the true
intent of this article or the rules legally adopted hereunder have
been incorrectly interpreted, the provision of this article does not
apply or an equally good or better form of construction can be used.
B.
Appeal to court. The procedure established by § 62.23(7)(e)10
to 15, Wis. Stats., for appeals of decisions of the Board of Appeals
is hereby established as the exclusive remedy from a decision of the
Board of Appeals.
A.
Zoning restrictions. The restrictions of Chapter 720, Zoning, with respect to the location of trades and industries, the use and occupancy of buildings, the height and bulk of buildings and the area of yards, courts and other spaces shall not be deemed to be modified by any provision of this article and such restrictions shall be controlling, except insofar as this article imposes greater restrictions by reason of the type of construction used, in which case the provisions of this article shall control.
B.
Maintenance of buildings and structures. Every building and the permanent
building equipment thereof shall be kept in good repair and safely
and sanitarily maintained. Buildings and adjacent areas shall be kept
free of any accumulation of junk, trash, debris, etc., that tends
to create a nuisance or health or safety hazard.
C.
Extensive alterations and repairs. When an existing building or structure
is damaged by fire or other cause or if alterations and repairs are
made to an extent of 50% or more of the assessed value of such building
or structure before such damage or alteration divided by the ratio
of the assessed value to the recommended value as last published by
the State Supervisor of Assessments for the municipality within which
building or structure is located, the entire building or structure
shall be made to comply with the requirements of this article for
new buildings or be demolished. If the cost of such alterations or
repairs is less than 50% of the assessed value of such building or
structure before the damage or alteration and/or repair divided by
the ratio of the assessed value to the recommended value as last published
by the State Supervisor of Assessments for the municipality within
which such building or structure is located, the Building Inspector
shall determine to what degree the portions so altered or repaired
shall be made to conform to the requirements of this article, subject
to such limitations as exist under § 62.23(7)(hc), Wis.
Stats., or as subsequently amended.
[Amended 4-24-2014 by Ord. No. 3544]
D.
Unsafe buildings.
(1)
The Building Inspector may require the repair or removal of any building
or structure or part thereof which has become deteriorated, is unsanitary,
has been damaged by fire or other means, is improperly or poorly fastened,
is left open and unguarded, is deficient in exit facilities which
constitute a fire hazard or are required by this article and now missing,
or he may issue any orders necessary to maintain the conditions of
safety and habitability required by this article. When an unsafe condition
is found in a building or structure, the Building Inspector shall
serve a written notice on the owner or his agent specifying the repairs
or improvements required to render the building or structure safe
and secure or to demolish the building or structure or part thereof
within a stipulated time.
(2)
In case there shall be in the opinion of the Building Inspector actual
and immediate danger of failure or collapse of a building or structure
or portion thereof so as to endanger life or property, he may cause
the necessary work to be done to render the building or structure
or portion thereof temporarily stable or safe.
[Amended 4-24-2014 by Ord. No. 3544]
(3)
When a building or structure or portion thereof is in an unsafe condition
so that life is endangered thereby, the Building Inspector may order
the occupants to vacate the same immediately and may, when necessary
for the public safety, temporarily close sidewalks, streets, buildings,
structures and places adjacent to such building or structure and prohibit
the same from being used. If any such building is used for any purpose
requiring a license, the Building Inspector may initiate action to
have such license revoked until the building is made safe or removed
to the satisfaction of the Building Inspector.
(4)
If the owner fails or refuses to comply within the time prescribed,
the Building Inspector or other designated officer shall cause such
building or part thereof to be razed and removed, either through any
available public agency or by contract or arrangement with private
persons, or closed if unfit for human habitation, occupancy or use.
The cost of razing and removal or closing shall be charged against
the real estate upon which such building is located and shall be a
lien upon such real estate and shall be assessed and collected as
a special tax.
(5)
The statutory provisions with respect to the razing of buildings
set forth in § 66.0413, Wis. Stats., on file in the office
of the City Clerk are hereby adopted and by reference made a part
of this article as if fully set forth herein.
(6)
The Building Inspector is hereby designated as the officer to carry out the applicable provisions of § 66.0413, Wis. Stats. All proceedings hereunder, including challenge thereto, shall be in accordance with the statutes incorporated herein, and the provisions of § 255-8 of this article shall not apply to proceedings under this subsection.
(7)
Any person who rents, leases or occupies a building which has been condemned for human habitation, occupancy or use shall, upon conviction thereof, be subject to a penalty as provided in § 1-4 of this Code.
[Amended 4-24-2014 by Ord. No. 3544]
(8)
No person shall remove or deface any placard lawfully posted by the
Building Inspector prohibiting the use of any building unfit for human
habitation, occupancy or use.
E.
Drainage of stormwater and sump pumps.
[Amended 10-11-1995 by Ord. No. 2802; 8-28-2002 by Ord. No. 3117; 3-28-2018 by Ord. No. 3659]
(1)
No person shall deposit roof water or water of any kind directly
upon any adjacent private property or upon any public street, alley,
sidewalk or public land or construct or maintain any device which
will deposit such water directly upon adjacent public land. Under
unusual conditions, the Building Inspector is authorized to make exceptions
to this policy if conditions so dictate.
(2)
Roof water shall not be allowed to drain directly down the sides
of buildings, except through eave troughs and downspouts, and shall
not be deposited directly upon the footings or ground immediately
adjacent to the building. Where possible, such water shall be deposited
no closer than four feet to the base of exterior walls and, where
possible, not closer than four feet to any lot line.
(3)
A sump pump hose shall discharge not closer than eight feet to any
lot line. A sump pump installed in conjunction with the construction
of a residential, industrial or commercial building shall discharge
to the municipal storm sewer via an approved connection. Where the
surface discharge of water will not affect public or private lands,
this requirement may be waived by the Building Inspector for commercial
and industrial properties. This requirement shall apply where a storm
sewer lateral is available for the first-time construction of new
single-family, two-family or multifamily residences, and for commercial
and industrial buildings where such construction commences on or after
September 1, 2002.
F.
Private garages. Private garages, attached or detached, shall be
of frame or masonry construction.
G.
Locating plot.
(1)
The owner or his agent shall stake the plot on which a building or
structure is to be erected.
(2)
No person shall reduce or diminish the area of a lot or plot to less than the minimum required by Chapter 720, Zoning, of which a plot diagram has been filed and been used as the basis for a permit, unless a revised plot diagram showing the proposed change in conditions shall have been filed and approved.
H.
Reroofing. A new roof covering may be applied on top of an existing
roof covering. Not more than two layers of roof covering shall be
allowed. Where additional layers of roof materials are requested,
calculations shall be submitted to the Building Inspector to demonstrate
that the additional layer(s) will not exceed the design load of the
roof framing.
[Amended 5-28-2003 by Ord. No. 3163; 4-24-2014 by Ord. No. 3544]
The relocation of any building into or within the City limits must be reviewed and approved by the Community Development Department, in accord with § 720-19 of Chapter 720, Zoning, prior to the issuance of a moving permit. No building shall be moved into or within the City limits and relocated, regardless of the present development of the area, which in the opinion of the Building Inspector violates any provision of the Chapter 720, Zoning, or is in such a state of disrepair that it would tend to substantially depreciate other property in the immediate vicinity or in its development in the future. Any such building must comply with the requirements of this article. Any restrictive ruling of the Building Inspector may be appealed to the City Board of Appeals.
A.
Permit required.
(1)
A permit is required for the relocation of all buildings within the
City. Every application for a permit to move a building shall set
forth in detail a description of the construction at the present time,
its use and location, with a diagram of the lot showing proposed new
location and showing any existing building thereon.
(2)
Substructure plans for new location, showing footings, foundation
walls, etc., constructed in accordance with this article, shall be
submitted with application for moving permit. The permit will not
be issued until the Building Inspector receives certification that
all utilities have been disconnected and the sewer lateral is sealed.
B.
Indemnity. By acceptance of a permit, the applicant indemnifies the
City against any and all judgments, claims of every nature whatsoever,
costs and expense resulting from the moving of the proposed building,
including damage caused to street, curbing or sidewalk.
C.
Route to be approved. Every application for a permit to move a building
shall set forth in detail the route proposed to be followed in moving
the building. In every instance the approved route must be followed.
Application for a permit must be made at least two weeks prior to
the proposed move. If the building to be moved exceeds 750 square
feet, or, if in the judgment of the Building Inspector, the move may
present special circumstances, the application for permit shall be
referred to the Site Plan Review Committee. The Committee shall review
the route and timing, as well as conflicts with trees, utilities,
traffic signals, signs, etc. If additional time is necessary to make
arrangements satisfactory to the Committee, the move shall be delayed.
The City may reject the proposed route, or modify, as necessary.
D.
Service connections.
(1)
Before a building can be demolished or removed, the owner or his
agent shall notify all utilities having service connections to the
building, such as water, electric, gas and other connections, and
these connections shall be removed or shut off, as appropriate. Certification
that all utilities have been properly disconnected must be presented
to the Building Inspector prior to the permit being issued.
(2)
Prior to the start of wrecking operations, the applicant shall properly
seal the building sewer at a point between the curb and sidewalk.
(3)
The applicant shall obtain a sewer disconnection permit from the
City Plumbing Inspector. The applicant shall call the City Plumbing
Inspector when the sewer is to be disconnected. The sewer shall not
be covered until the seal has been checked and approved by the City
Plumbing Inspector.
E.
Costs.
(1)
Prior to the permit being issued, the applicant shall provide a cash deposit of $7,500 to the City. Any expenses incurred by the City, including those discussed in § 720-19, shall be withdrawn from the deposit. The remaining balance shall be returned to the applicant. In cases where the Director of Public Works believes that City expenses may exceed $7,500, the DPW may require a higher deposit.
(2)
The applicant shall be responsible for hiring of and payment to licensed
contractors for the performance of all work within the street right-of-way,
including tree trimming and/or replacement, and removal and replacement
of streetlights, traffic signals, and signs. None of this work shall
be done by City crews.
(3)
Removal of terrace trees, or trimming beyond the point deemed appropriate
by the Parks Superintendent, shall be avoided where alternatives exist.
If it is not possible to avoid removal of the tree(s), the applicant
shall pay the full value of the tree based upon the Parks Superintendent's
tree appraisal.
F.
General requirements.
(1)
The moving of a building shall be limited to between the hours of
2:00 a.m. and 6:00 a.m. within the public right-of-way, with the least
possible obstruction to thoroughfare.
(2)
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.
(3)
Warning lights shall be attached to every building being moved along
a street during the period from sunset to sunrise. The lights shall
be attached to the building one at each corner and in every case lights
shall not be placed farther apart than 12 feet.
(4)
Every person who has moved a building as provided in this article
shall report, within one day after the building has reached its destination,
to the City Building Inspector who shall notify the Director of Public
Works, who shall thereupon inspect the streets and alleys over and
along which the building has been moved and ascertain their condition.
If the removal of the building has caused any damage to the streets,
curbing, sidewalks, etc., the house mover shall immediately place
them in as good repair as they were before the permit was granted.
Upon failure of the permit holder to repair such damage within 10
days thereafter to the satisfaction of the Director of Public Works,
the City shall repair the damage and hold the appropriate amount of
the deposit by the permit holder responsible for the payment of same.
(5)
In any case where a building is moved leaving an open basement, such
basement shall be immediately filled to grade level, leveled and finished
off so as not to spoil the general appearance of the neighborhood.
If new construction is contemplated or circumstances dictate, the
basement may be completely and adequately fenced in with a fence not
less than four feet in height for protection of the public for a period
not to exceed 30 days, after which it shall be filled in by the owner.
Failing such, it shall be declared a public nuisance and shall be
filled in by the City and the cost thereof assessed against the property.
A.
Permit required. No person shall wreck or cause to be wrecked any
building, structure or part thereof without first applying for and
obtaining a permit from the Building Inspector.
[Amended 10-27-2004 by Ord. No. 3228; 4-24-2014 by Ord. No. 3544; 3-28-2018 by Ord. No. 3659]
(1)
Historic buildings regulated. The demolition of all or part of a designated historic structure, or a structure in a historic district, shall be regulated by Chapter 374, Historic Preservation, § 374-5C. Additionally, the procedural requirements for issuance of a demolition permit by the Building Inspector shall apply.
(a)
The application for a demolition permit shall initiate the waiting period (up to six months from the time of such application for single-family homes and up to one year for other types of structures) for issuance of a permit by the Building Inspector pursuant to § 374-5C.
(b)
Upon expiration of the required waiting period, a demolition
permit will be approved. The applicant shall pay the required fee
within 90 days of the completion of the waiting period, and the demolition
shall be completed within the specified time limit, or the project
shall not move forward and it shall be subject to a new waiting period.
B.
Service connections. Before a building can be demolished or removed,
the owner's agent shall notify and disconnect all utilities having
service connections to the building, such as water, electric, gas
and other connections.
[Amended 3-28-2018 by Ord. No. 3659]
C.
Sewer laterals.
[Amended 3-28-2018 by Ord. No. 3659]
(1)
Prior to the start of wrecking operations, the applicant will properly
close the building sewer at a point between the curb and sidewalk.
The sewer will be disconnected in the terrace with a watertight plug
or cap installed. On a vitrified clay or concrete sewer, if a bell
or hub is available and in good condition, a cookie may be cemented
into the bell or hub. If the pipe, bell or hub is broken, a swab and
six inches of concrete and brick will be inserted in the sewer as
a permanent bulkhead. On a cast-iron sewer, a cast-iron plug with
a lead joint will be installed.
(2)
The applicant shall obtain a sewer disconnection permit from the
Building Inspector.
D.
General requirements.
(1)
Whenever a building is demolished, the roof and each upper story
shall be taken down before the demolition of the next lower story
is begun. No material shall be placed to overload any part of such
building in the course of demolition and all brick, stone, timbers
and structural parts of each story shall be lowered to the ground
immediately upon displacement. All dry mortar, lime, brick, dust or
other flying material shall, before and during removal, be dampened
sufficiently to prevent it from floating or being blown into the street
or on adjoining property. All sidewalks shall be protected by fences
and/or scaffolds as required by this Code and by the Wisconsin Department
of Safety and Professional Services, relating to the protection of
the sidewalks during the erection of buildings.
[Amended 4-24-2014 by Ord. No. 3544]
(2)
The demolition of houses (single-family through four-dwelling units),
private garages, storage sheds and comparable accessory buildings
and structures shall be completed and the property cleared of all
scrap material and debris within 60 days from the date on which the
demolition is started. Demolition of larger buildings, such as apartment
houses, industrial and commercial buildings, and related structures,
shall be completed and the property cleared of all scrap material
and debris within 120 days from the date on which the demolition is
started.
(3)
Upon completion of demolition and clearance of debris from the property,
the area shall be immediately filled to grade, leveled and finished
off so as not to spoil the general appearance of the neighborhood.
(4)
In any case where a building is wrecked leaving an open basement, the requirements specified in § 255-10F(5) of this article shall be adhered to.
A.
POOL
POND
SPA (HOT TUB)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
[Amended 10-11-1995 by Ord. No. 2802; 4-24-2014 by Ord. No. 3544]
Any constructed, prefabricated or inflatable receptacle,
either temporary or permanent, for water with a capable depth at any
point of more than 12 inches, greater in surface area than 100 square
feet, intended for the purpose of immersion or partial immersion therein
of human beings and including all appurtenant equipment.
A man-made or artificial basin of water with a capable depth at any point of more than 12 inches and greater in surface area than 100 square feet. This definition does not include ponds used for or part of a stormwater management plan as regulated in Chapter 325, Erosion Control and Stormwater Management.
Any hydro-massage pool or tub for recreational or therapeutic
use, designed for immersion of users, that may or may not be equipped
with a filter, heater, and motor-driven blower.
B.
Permit required. No person shall commence installation of a pool
without first obtaining a permit therefor from the Building Inspector.
An application for a permit shall include:
C.
Portable pools. Portable pools over one foot in depth must be drained,
fenced or covered in such a manner as to provide public safety after
each day's use. A portable pool is one that is removed after each
season's use (permit not required).
D.
Permanent pools. Permanent pools, spas and ponds shall maintain a
minimum side and rear yard clearance of 10 feet from adjoining property
(permit required).
[Amended 4-24-2014 by Ord. No. 3544]
E.
Fences.
[Amended 9-25-2002 by Ord. No. 3121]
(1)
Pools and ponds regulated by this article or not enclosed within
a permanent building shall be completely surrounded by a fence or
wall not less than 46 inches in height, but not to exceed six feet
in height, which shall be so constructed as not to have openings,
holes or gaps larger than four inches in any dimension, except for
doors and gates, and if a picket fence is erected or maintained, the
horizontal dimension shall not exceed four inches. A dwelling house
or accessory building may be used as part of such enclosure. All gates
and doors opening through such enclosure shall be equipped with self-closing
and self-latching devices for keeping the gate or door securely closed
at all times when not in actual use. The requirement of this subsection
shall be applicable to all private swimming pools, whether constructed
before or after the effective date of this article, other than indoor
pools. Drainage ponds, stormwater detention ponds, decorative commercial
ponds, recreational ponds, municipal and institutional ponds, and
similar ponds, are exempt from this requirement.
[Amended 4-24-2014 by Ord. No. 3544]
(2)
Aboveground pools with self-provided fencing to prevent unguarded
entry will be allowed without separate additional fencing, provided
that the self-provided fence is of minimum required height and design
as previously specified.
(3)
Permanent access from grade to aboveground pools having stationary
ladders, stairs or ramps shall have not less than equal safeguard
fencing and gates as are provided the pool proper.
F.
Recirculation system. A satisfactory recirculation system and purification
system for the swimming pool shall be installed and shall at all times
be operated while the pool is being used.
G.
Electrical requirements. All electrical installations shall require
separate permits and shall be governed by Ch. SPS 316, Wis. Adm. Code.
H.
Drainage. Every pool shall be provided with a suitable drainage system.
In no case shall any such pool be drained into the sanitary sewer
system in the City nor with detriment onto lands of other property
owners in the vicinity.
I.
Heating units, pumps and filter equipment. Heating units, pumps and
filter equipment shall in no case be less than 10 feet from any property
line and shall be adequately housed and muffled. Requirements for
heating units shall be equal to those required for residential installations.
[Amended 4-24-2014 by Ord. No. 3544]
J.
Exceptions. Children's wading pools (portable pools) having less
than 12 inches of water are exempt from these requirements.
[Amended 4-24-2014 by Ord. No. 3544]
L.
Decks. Zoning requirements shall apply for decks attached to principal
building and swimming pool.
M.
Penalty. The permit fee will be double the regular fee for failure
to secure a permit prior to the start of a job.
No building material, machinery or equipment shall be placed
upon any street, sidewalk or parkway without a permit as provided
in this article.
[Amended 8-28-2002 by Ord. No. 3117; 11-25-2008 by Ord. No. 3386; 4-24-2014 by Ord. No. 3544; 3-28-2018 by Ord. No. 3659]
A.
General requirements.
(1)
No canopy, marquee or awning over any public sidewalk or thoroughfare
shall be erected, constructed or altered, unless a permit therefor
shall be first obtained by the owner or his agent from the Building
Inspector. Permit applications for all canopies or marquees, regardless
of size, shall be accompanied by a set of plans approved by the Department
of Safety and Professional Services.
(2)
Limitations and requirements imposed by this section relative to
canopies, marquees and awnings shall be adhered to.
B.
Canopies and marquees. Canopies and marquees may extend outward from
the building to the curbline, but no such canopy or marquee extending
to the curbline shall be lower than 14 feet above the sidewalk. Canopies
and marquees extending outward from the building, but at least 18
inches back from the curbline, may be not less than 10 feet above
the sidewalk.
C.
Awnings. Awnings shall be supported without posts by metal brackets
or metal framework securely attached to the walls of the building
upon which such awnings are placed. The device and the method of attaching
the same to the building shall be such as to leave the sidewalk wholly
unobstructed to ensure the safety of pedestrians and shall be subject
to the approval of the Building Inspector. Where permitted, awnings
shall have a clearance of eight feet measured from the sidewalk grade.
Sandblasting or any kind of abrasive treatment to buildings
or structures in the City on public sidewalks or adjacent thereto
will be permitted only under the following conditions:
A.
The work shall be done in such manner that no waste, dust or abrasive
materials shall permeate the air or be deposited on any public street,
including sidewalk, or objects on such streets, on any adjacent premises
or on any persons; provided, however, that the space used for scaffolding
shall be exempt from such requirements during the period of time that
the scaffolding is in place. Spaces beneath scaffolding shall be broomed
clean at least once every 24 hours and prior to anticipated precipitation
to prevent runoff onto the area designated for pedestrian traffic.
Exception to the foregoing may be granted by the Building Inspector
when and if so requested for isolated areas where density of population
is low, where there are no surfaced areas, where the pedestrian traffic
count is low or in other circumstances where compliance is not essential.
B.
If necessary scaffolding occupies so much of the public sidewalk
that pedestrians will be forced into the vehicular travelway, a temporary
passageway shall be erected in accordance with applicable provisions
of this Code.
C.
Scaffolding or any other obstructions on any public land shall be
sufficiently lighted at night.
[Amended 4-24-2014 by Ord. No. 3544]
This article shall not be construed as imposing any liability
on the part of the City for damages to anyone injured or any property
destroyed by any defect in any building or equipment or any electric
wiring or equipment or by reason of any inspection made by any City
officer or employee.
[Amended 7-23-2009 by Ord. No. 3410]
Calculations for maximum occupancy of a building shall be made
according to the terms of the applicable State of Wisconsin Building
Code or City Code. For the purpose of calculating or determining maximum
occupancy of a building, any outdoor use structures such as decks,
patios, beer gardens, smoking shelters and the like shall not be included
and shall not increase the maximum occupancy of the building. However,
the total combined maximum occupancy for such a building and all such
abutting outdoor use structures is limited to the maximum occupancy
of such building.
[Amended 4-24-2014 by Ord. No. 3544]
Except as otherwise provided herein, any person, firm, corporation or organization found to be in violation of the provisions of this article or any rule or order promulgated herein shall be subject to a penalty as provided in § 1-4 of this Code.
