This chapter shall be known as the "Building Code of the Village
of Dresser, Wisconsin" and shall be referred to in this chapter as
"this code."
This code provides certain minimum standards, provisions and
requirements for safe and stable design, methods of construction and
uses of materials in buildings or structures hereafter erected, constructed,
enlarged, altered, repaired, moved, converted to other uses or demolished,
and regulates the equipment, maintenance, use and occupancy of all
such buildings and/or structures. Its purpose is to protect and foster
the health, safety, and well being of persons occupying or using such
buildings, and the general public.
New buildings hereafter erected in, or any building hereafter
moved within or into, the Village shall conform to all the requirements
of this code except as they are herein specifically exempted from
part or all of its provisions. Any alteration, enlargement or demolition
of an existing building and any installation therein of electrical,
heating, plumbing or ventilating equipment which affects the health
or safety of the users thereof or any other persons is a "new building"
to the extent of such change. Any existing building shall be considered
a "new building" for the purposes of this code whenever it is used
for dwelling, commercial or industrial purposes unless it was being
used for such purpose at the time this code was enacted. The provisions
of this code supplement the laws of the State of Wisconsin pertaining
to construction and use and the Zoning Code of the Village and amendments
thereto to the date this chapter was adopted and in no way supersede
or nullify such laws and the said Zoning Code.
[Amended by Ord. No. 150]
The following Wisconsin Administrative Codes and their codes
and standards and subsequent revisions are adopted for municipal enforcement
by the Building Inspector who shall be commercially certified by the
Wisconsin Division of Safety and Buildings.
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COMM 20-25
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Wisconsin Uniform Dwelling Code
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COMM 50-64
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Wisconsin Building and Heating, Ventilating and Air Conditioning
Code
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COMM 66
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Uniform Multi-Family Code
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COMM 69
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Barrier-Free Design
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COMM 75-79
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Existing Building Codes
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COMM 70
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Historic Building Code
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COMM 8
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Flammable Liquids Code
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(1)
Appointment. See sec. 1.02(10) of this Code.
[Amended by Ord. No. 147]
(2)
Qualifications.
(a)
The Building Inspector shall have the necessary qualifications
required by the State of Wisconsin to determine compliance with applicable
State and local building codes relating to the construction of buildings.
(b)
The Building Inspector shall be certified by the Wisconsin Department
of Commerce to administer and enforce all the provisions of the Wisconsin
Uniform Dwelling Code.
(c)
During temporary absence or disability of the Building Inspector,
the Village Board shall designate an acting Building Inspector.
(3)
General powers and duties. The Building Inspector shall enforce the
provisions of this chapter and of all other ordinances and the laws
and orders of the State of Wisconsin which relate to building construction,
plumbing and electrical installations and for these purposes may at
all reasonable times enter buildings and premises. He may pass upon
any questions arising under the provisions of this chapter relating
to buildings, subject to conditions contained in this chapter. No
person shall interfere with the Inspector while in the performance
of the duties prescribed in this chapter.
(4)
Records. The Building Inspector shall keep a record of all applications
for building permits in a book and regularly number each permit in
the order of issuance. 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 and of all removal and condemnation
of buildings. He shall make a report to the Village Board upon request.
(5)
Appeals. Any person feeling himself aggrieved by any order or ruling
of the Building Inspector may, within 20 days thereafter, appeal from
such order or ruling to the Board of Zoning Appeals, such appeal to
be in writing.
(1)
Permit required.
(a)
No person shall build or cause to be built any new public building
containing less than 5,000 square feet in total area or alter a public
building involving less than 10,000 square feet in altered area without
first submitting plans and specifications to the Building Inspector
and obtaining a building permit for such building.
[Amended by Ord. No. 150]
(b)
Notwithstanding Wis. Adm. Code COMM 50.12(1)(a)1. and (f)2.,
a building permit is also required for Wis. Adm. Code COMM 54 occupancies
and storage garages of less than 25,000 square feet.
(c)
A local building permit shall be required for larger commercial
buildings which will be State reviewed but locally inspected.
(2)
Application. Application for a building permit shall be made in writing
upon a form furnished by the Building Inspector, which may be obtained
at the office of the Clerk-Treasurer, and shall state the name and
address of the owner of the land and also the owner of the building
if different, the legal description of the land upon which the building
is to be located, the name and address of the designer, the use to
which said building is to be put, and such other information as the
Building Inspector may require.
(3)
Utilities required. No occupancy permit shall be issued for the construction of any residential building until sewer is installed and grading and graveling of the street necessary to service the property for which the permit is required is completed. See ch. 17 of this Code.
(4)
Plans. With each application there shall be submitted three complete
sets of plans and specifications, including a plot plan showing the
location of the proposed building with respect to adjoining roads,
highways, streets, alleys, lot lines and buildings. Plans for public,
commercial and industrial buildings involving the State Building Code
shall bear the stamp of approval of the State Department of Commerce,
if necessary. One plan shall be submitted which shall remain on file
in the office of the Building Inspector. All plans and specifications
shall be signed by the designer. Plans for all new one- and two-family
dwellings shall comply with the provisions of Wis. Adm. Code COMM
20.09(4).
(5)
Plot plan required. A plot plan prepared by a registered land surveyor
shall be submitted to the Building Inspector showing the location,
boundaries, dimensions, elevations, uses and size of the following:
(a)
The subject site.
(b)
The existing and proposed structures.
(c)
The existing and proposed easements, streets and other public
ways.
(d)
Off-street parking, loading areas and driveways.
(e)
The existing highway access restrictions.
(f)
The existing and proposed street, side and rear yards.
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In addition, the plot plan shall show the location, elevation
and use of any abutting lands and their structures within 60 feet
of the subject site. The Building Inspector may waive any portion
or all of the requirements of this subsection.
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(6)
Approval of plans. If the Building Inspector determines that the
building will comply in every respect with all ordinances and orders
of the Village and all applicable laws and orders of the State of
Wisconsin, he shall issue a building permit which shall state the
use to which said building is to be put, which shall be kept and displayed
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 mentioned ordinances, laws or orders, or which involves
the safety of the building or the occupants, except with the submittal
and approval of revised plans. In case adequate plans are presented
for part of the building only, the Building Inspector, at his discretion,
may issue a permit for that part of the building before receiving
the plans and specifications for the entire building. The finished
grade adjacent to all new construction shall be at least one foot
above the finished or proposed grade of the centerline of the adjacent
street.
(7)
Waiver of plans. If the Building Inspector finds that the character
of the work is sufficiently described in the application, he may waive
the filing of plans for alterations, repairs or moving.
(8)
Grant or denial of permit. After the receipt of an application and
plans required by this section, the Building Inspector shall grant
or deny the application within 10 business days.
(9)
Minor repairs and alterations. Minor repairs and alterations which
cost less than $5,000 and which do not change the occupancy area,
structural strength, fire protection, exits, light or ventilation
of the building do not require a building permit.
[Amended by Ord. No. 131; Ord. No. 147; Ord. No. 189]
(10)
Inspection of work. The permittee or an authorized representative
shall, in writing or orally, request inspections by the Building Inspector
at appropriate times required for the enforcement of this code. The
Building Inspector shall perform the requested inspection within 48
hours after notification, except the final inspection. Construction
may not proceed beyond the point of inspection until the inspection
has been completed, except if inspection has not taken place within
48 hours of notification, excluding Saturdays, Sundays and holidays,
unless otherwise agreed upon between the permittee and the Building
Inspector.
(11)
Permit lapses. A building permit shall lapse and be void unless building
operations are commenced within 12 months, or no significant progress
has been made within two construction seasons, from the date of issuance
thereof. In any event, all permits shall lapse two years from the
date of issuance.
(12)
Revocation. If the Building, Plumbing or Electrical Inspector shall
find at any time that applicable ordinances, laws, orders, plans and
specifications are not being complied warning or instruction has been
issued to him, he shall revoke the building, electrical or plumbing
permit by written notice posted at the site of the work. When any
such permit is revoked, it shall be unlawful to do any further work
thereunder until the permit is reissued, except such work as the Building,
Electrical or Plumbing Inspector may order to be done as a condition
precedent to the reissuance of the permit or as he may require for
the preservation of human life and safety.
(13)
Report of violations. The police or other Village employees shall
report at once to the Building Inspector any construction which is
being carried on without a permit as required by this chapter.
(1)
Authority; purpose. This section is adopted pursuant to § 61.354,
Wis. Stats., for the purpose of minimizing the amount of sediment
and other pollutants carried by runoff from sites of construction
or other land disturbing activities as enumerated in sub. (3) below.
(2)
Erosion control permit.
(a)
Required. No landowner, land user or contractor shall, within
the Village, commence any activity enumerated in sub. (3) below before
obtaining an erosion control permit from the Building Inspector.
(b)
Application; fee. Application for a permit shall be made on
an application form provided by the Building Inspector and shall be
accompanied by an erosion control plan in accordance with sub. (4)
below and a fee of $25.
(c)
Grant or denial of permit. Within five working days after receipt
of the application, the Building Inspector shall grant or deny the
permit. If the permit is denied, the Inspector shall enumerate the
required additions or modifications to the erosion control plan. Upon
satisfactory revision of the plan, the permit shall be issued.
(d)
Exceptions. A permit shall not be required for the following:
(3)
Subject land disturbing activities. The land disturbing activities
requiring a permit under sub. (2) above are as follows:
(a)
Those involving grading, removal of protective ground cover
or vegetation, excavation, landfilling or other land disturbing activity
affecting a surface area of 4,000 square feet or more.
(b)
Those involving excavation or filling, or a combination thereof,
affecting 400 cubic yards or more of dirt, sand or other excavation
or fill material.
(c)
Those involving street, highway, road or bridge construction
or reconstruction.
(d)
Those involving the laying or repair of underground pipe for
a distance of 300 feet or more.
(e)
Where applicable, site dewatering which may create sediment
control problems.
(4)
Erosion control plan.
(a)
General. Erosion control plan criteria, standards and specifications
have been established by the Building Inspector and are on file in
his office. In drafting the plan, the applicant shall take into account
and indicate on the plan all factors which may affect erosion control
on and adjacent to the site and provide a site drawing drawn to scale,
designating the location of the most suitable erosion control devices,
so as to prevent sediment runoff to the greatest degree practicable.
The plan shall also include a timetable of land disturbing activities,
the area involved in each such activity, and the temporary and permanent
procedures to be taken to minimize sediment runoff.
(b)
Erosion control devices. Erosion control devices shall include
sedimentation basins, filter fences, straw bales and mulch, tarps,
temporary and permanent seeding, sodding and channeling surface water
around disturbed areas.
(5)
Other requirements.
(a)
Waste and material disposal. All waste and unused building materials,
including garbage, debris, cleaning wastes, wastewater, toxic materials,
or hazardous materials, shall be properly disposed of and not allowed
to be carried by runoff into a receiving channel or storm sewer system.
(b)
Tracking. Each site shall have graveled roads, access drives
and parking areas of sufficient width and length to prevent sediment
from being tracked onto public or private roadways. Any sediment reaching
a public or private road shall be removed by street cleaning (not
flushing) before the end of each work day.
(c)
Drain inlet protection. All storm drain inlets shall be protected
with a straw bale, filter fabric or equivalent barrier.
(6)
Inspection. The Building Inspector shall inspect the site as often
as he deems necessary for the enforcement of this section.
(7)
Enforcement.
(b)
Permit revocation. If, within 10 days of the issuance of a stop-work
order, any permittee does not cease the activity or comply with the
control plan, the Building Inspector may revoke the permit.
(c)
Cease and desist order. In the event any person without a permit
fails to obey a stop-work order or obtain a permit within 10 days,
the Building Inspector may request the Village Attorney to obtain
a cease and desist order.
(d)
Special charge. Ten days after posting a stop-work order, the
Building Inspector may issue a notice of intent to the permittee or
landowner or land user of his intent to perform work necessary to
comply with this section. The Building Inspector may go on the land
and commence the work after 14 days from issuing the notice of intent.
The costs of the work performed by the Building Inspector shall be
billed to the permittee or the landowner. In the event the permittee
or landowner fails to pay the amount due, the Clerk shall enter the
amount due on the tax rolls and collect as a special charge against
the property, pursuant to § 66.0627, Wis. Stats.
(8)
Appeals. Any person aggrieved by the grant or denial of a permit
or any order issued by the Building Inspector may appeal to the Board
of Zoning Appeals, pursuant to sec. 17.27 of this Code.
(9)
Penalty. Any person violating any provision of this section shall
be subject to a forfeiture of not less than $50 nor more than $100
and the cost of prosecution for each violation. Each day a violation
exists shall constitute a separate violation.
[Amended by Ord. No. 147]
Building permit fees shall be as established in accordance with
a schedule of such fees adopted by resolution by the Village Board.
In all one- and two-family dwellings one smoke detector shall
be installed on each floor.
Residential attached garages shall be built in accordance with the general construction standards established in the Wisconsin Uniform Dwelling Code. Residential garages shall be located in accordance with ch. 17 of this Code and not less than 10 feet from any other building on the same premises when not a part of the building. Whenever a garage is constructed as part of any building, the ceiling and the walls or wall separating the garage from other portions of the building shall be of not less than one-hour fire-resistive construction as specified in Wis. Adm. Code COMM 21.08.
No person shall construct, install or enlarge a residential
swimming pool not enclosed in a permanent building in the Village
except in accordance with the following regulations.
(1)
Definition. "Swimming pool" means any depression in the ground, either
temporary or permanent, or a container of water, either temporary
or permanent and either above or below the ground, in which water
more than two feet deep is contained and which is used primarily for
the purpose of bathing or swimming.
(2)
Permit.
(a)
Required. No person shall construct, install, enlarge or alter
any private swimming pool unless a permit therefor has first been
obtained from the Building Inspector.
(b)
Application. Application shall be on a form provided by the
Building Inspector and shall be accompanied by plans drawn to scale
showing the following:
(3)
Construction requirements.
(a)
No pool shall be located, erected, constructed or maintained closer to any side or rear lot line than allowed by ch. 17 of this Code for permitted accessory building uses, and the waterline of any pool shall not be less than five feet from any setback line or building.
(b)
No connection shall be made to the sanitary sewer or septic
system.
(c)
Gaseous chlorination systems shall not be used for disinfecting
pool waters.
(d)
No above-ground pool shall be less than five feet from any septic
system.
(e)
The drainage of any pool may not be intentionally discharged
onto adjoining property. The pool may, however, be drained into Village
streets or gutters which empty into the Village's storm sewer
with the approval of the Village President or the Department of Public
Works.
[Amended by Ord. No. 228]
(4)
Plumbing and electrical requirements.
(a)
To comply with plumbing and electrical codes. All plumbing and
electrical installations shall require separate permits and shall
be governed by the Village or State Plumbing and Electrical Codes.
(b)
Pool lights. If overhead flood or other artificial lights are
used to illuminate the pool at night, such lights shall be shielded
to direct light only on the pool.
(5)
Fence requirements. All private residential swimming pools, whether
in ground or above ground, shall be enclosed with an adequate and
secure fence at least six feet high above adjoining ground. Required
fences shall be constructed so as to prohibit the passage of a six-inch
diameter sphere between fence members. Any gates installed shall be
provided with self-closing and self-latching devices which shall be
on the inside of the gate at least 30 inches above ground level. A
pool dome or pool top fencing attached to the pool to extend at least
six feet above the ground, or a pool cover capable of supporting 100
pounds per square foot of area, are acceptable substitutes for fencing.
Pool covers shall be fixed securely in place at all times when pool
is not supervised by a responsible person. Above ground pools with
walls that are at least 48 inches high at all points around said pool
or have platforms and railings that are 48 inches or more in height
above ground are not required to be enclosed as provided in this section;
however, all ladders and stairways providing access to such pools
shall be adequately fenced and fitted with gates to prevent entry
when the pool is not in use.
(6)
Use of pool. No pool shall be so operated as to create a nuisance,
a hazard or an eyesore or otherwise to result in a substantial adverse
effect on neighboring properties.
(1)
Permit required. No person shall construct a fence in the Village
without first obtaining a permit from the Building Inspector.
(2)
Application; fee. Application for a permit shall be filed with the
Building Inspector on a form supplied by the Inspector, together with
a sketch of the proposed fence and the payment of the required fee
as provided in sec. 14.08 of this chapter.
[Amended by Ord. No. 147]
(3)
General requirements.
(a)
Permit required. No fence shall be placed, erected or built
on any premises in the Village, except that on application therefor
and for good cause shown, the Village Board may grant permits for
the erection of fences when these fences will not, in the judgment
of the Village Board, interfere with public health, safety and welfare.
(b)
Fences and walls in front yards. On any corner lot, no fence, wall or shrub shall be within the vision triangle prescribed in ch. 17 of this Code. Fences, walls or shrub plantings shall not be erected on any lot within 10 feet of the front property line in such a manner as to interfere with traffic visibility from a driveway. In no case shall a fence, wall or planting in a residential area exceed 3 1/2 feet in height in that part of a front yard which extends 25 feet back from the property line.
(c)
Application. All applications for fence permits shall be submitted
to the Building Inspector who shall inspect the site of each proposed
fence and shall consider whether the proposed fence will substantially
interfere with the view, light or free flow of air. The Building Inspector
shall then submit his report to the Village Board.
(d)
Fences in side yards. No fence or wall, other than a retaining
wall, along a side line of a lot shall be higher than six feet unless
the adjoining lot is not in a residential district. Except as provided
in par. (a) above, no side yard fence or wall shall extend into the
required street setback area.
(e)
Fences in rear yards. Fences having a height of six feet or
less may be located within the required rear yards in residential
districts.
(f)
Location. The property owner shall be responsible for the proper
placement and location of the fence. No fence shall be placed closer
than 18 inches from the property line unless written consent is obtained
from the abutting property owner.
(g)
Dog pens and runs. Dog pens and runs shall be erected in the
rear yard only and shall be located at least 20 feet from any property
line.
(h)
Wire fences. Wire fences are to be of chain link construction
or a vinyl coated minimum wire gauge of No. 16 with maximum opening
of two inches by three inches.
(i)
Wood fences. Redwood or cedar shall be preferred for durability.
Other woods may be used provided they are suitable and maintained.
(j)
Defined. The term "fences" shall not be construed to include
racks or trellises for support of vines or flowers.
(k)
Barbed wire. No fence consisting wholly or in part of barbed
wire shall be erected or maintained in the Village, except for farming
purposes and except for approved security fences.
(l)
Security fences. The Village Board, upon proper application,
may approve security fences in nonresidential zones of such design
and construction as it shall deem proper.
(m)
Fence side. Posts and framing shall be facing the property for
which the fence permit application is being made.
(n)
Nonconforming fences. Present fences may stand even though they
do not conform to this section. However, nonconforming fences requiring
50% or more repairs or rebuilding may be restored if completed within
90 days from the date of the need for repairs or rebuilding. After
90 days, the fence repair or rebuilding shall meet the regulations
of this section.
(o)
Electric fences regulated. Electrically charged fences are prohibited,
except for farming purposes.
(p)
Fence permit fee. The fee for a fence permit shall be $25. A
penalty of $25 shall be added to the fence permit fee if work is started
before a valid fence permit is issued.
All materials, methods of construction and devices designed
for use in buildings or structures covered by this code and not specifically
mentioned in or permitted by this code shall not be so used until
approved in writing by the State Department of Commerce. Such materials,
methods of construction and devices, when approved, must be installed
or used in strict compliance with the manufacturer's specifications
and any rules or conditions of use established by the State Department
of Commerce. The date, tests and other evidence necessary to prove
the merits of such material, method of construction or device shall
be determined by the State Department of Commerce.
Whenever the Building Inspector finds any building or part thereof
within the Village to be, in his judgment, so old, dilapidated or
so out of repair as to be dangerous, unsafe, unsanitary or otherwise
unfit for human habitation, occupancy or use, and so that it would
be unreasonable to repair the same, he shall order the owner to raze
and remove it at the owner's expense. Such order and proceedings
shall be carried out in the manner prescribed for the razing of buildings
in § 66.0314, Wis. Stats. Where the public safety requires
immediate action, the Building Inspector shall enter upon the premises
with such assistance as may be necessary, and cause the building or
structure to be made safe or to be removed, and the expenses of such
work may be recovered by the Village in an action against the owner
or tenant.
See ch. 8 of this Code.
(1)
Permit required. No person shall install a satellite television antenna
within the Village until a permit is obtained from the Building Inspector.
(2)
Application. Application for a permit shall be made on a form provided
by the Building Inspector.
(3)
Permit fee. See sec. 14.08 of this chapter.
[Amended by Ord. No. 147]
(4)
Definitions.
(a)
SATELLITE TELEVISION ANTENNA — An apparatus
capable of receiving communications from a transmitter or a transmitter
relay located in planetary orbit.
(b)
USABLE SATELLITE SIGNAL — A satellite signal
which, when viewed on a conventional television set, is at least equal
in picture quality to that received from local commercial television
stations or by way of cable television.
(6)
Location and construction requirements.
(a)
Subject to par. (d) below, in any business, commercial, agricultural
or manufacturing zone, such antenna may be located anywhere on the
lot or building thereon.
(b)
In a residential zone, subject to the provisions contained herein,
such antenna shall be located either in the rear yard of any lot or
on the roof. If usable satellite signal cannot be obtained from such
rear yard or roof, the antenna may be located on the side or front
yard of the property, subject to the requirements contained herein.
(c)
Ground-mounted antenna shall be located at least five feet from
the nearest part of the main building on the same lot and at least
five feet from any rear or side property line; no antenna shall be
located in the front setback.
(d)
No antenna on a corner lot shall be constructed within a vision triangle contrary to ch. 17 of this Code.
(e)
Except in business, commercial, agricultural or manufacturing
zones, antenna shall be located and designed to reduce visual impact
from surrounding properties at street level and from public streets.
(f)
Not more than one satellite antenna shall be allowed in any
residential zone on any lot less than one acre in size.
(g)
All antennas and the construction and installation thereof shall
conform to applicable regulations and requirements of the this chapter
and the Electrical Code.
(h)
Antenna shall meet all manufacturers' specifications, shall
be on noncombustible and corrosive-resistant materials, and shall
be erected in a secure, wind-resistant manner.
(i)
Every antenna must be adequately grounded for protection against
a direct strike of lightning.
(7)
Location, conditional. The construction, location, installation and
erection of a satellite antenna shall be on a conditional basis and,
in the event said satellite antenna interferes with radio or television
reception on adjacent properties, such satellite antenna shall be
moved or shielded to eliminate said interference.
(8)
Temporary placement permitted. Satellite antennas may be temporarily
located on a lot or parcel for the purpose of testing reception for
a period not to exceed 10 days in any calendar year without a permit,
provided that the provisions of this section are complied with.
(9)
Previously erected antennas. Subject to sub. (7) above, this section
shall not affect any satellite antenna erected prior to the adoption
of this section.
Pole-type buildings shall be allowed to be constructed and used
for commercial agricultural and industrial purposes only.
This chapter shall not be considered as assuming any liability
on the part of the Village or any official or employee thereof for
damages to anyone injured or for any property destroyed by any defect
in any building or equipment, or in any plumbing or electric wiring
or equipment.
Any building or structure hereafter erected, enlarged, altered,
repaired or moved, or any use hereafter established, in violation
of the provisions of this chapter, shall be deemed an unlawful building,
structure or use. The Building Inspector shall promptly report all
such violations to the Village Attorney, who shall bring an action
to enjoin the erection, enlargement, alteration, repair or moving
of such building or structure or the establishment of such use, or
to cause such building, structure or use to be removed and may also
be subject to a penalty as provided in sec. 25.04 of this Code. Each
day a violation continues may be deemed a separate offense. In any
such action, the fact that a permit was issued shall not constitute
a defense, nor shall any error, oversight or dereliction of duty on
the part of the Building Inspector constitute a defense. Compliance
with the provisions of this chapter may also be enforced by injunctional
order at the suit of the owner or owners of any real estate within
the jurisdiction of this chapter.
