This chapter shall be known as the "Building Code of the Village
of Clayton."
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 building and/or structures. Its purpose is to protect and foster
the health, safety and well being of persons occupying or using such
building 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 pertaining to construction
and use and Chapter
510, Zoning, and amendments thereto to the date
this chapter was adopted and in no way supersede or nullify such laws
and the Zoning Chapter.
Notwithstanding the provisions of Ch. SPS 320, Wis. Adm. Code,
the scope of the Wisconsin Uniform Dwelling Code is revised to include
for the purposes of this chapter:
A. Additions, alterations and major equipment replacements for one-family
and two-family dwellings built prior to June 1, 1980. Because such
projects are not under state jurisdiction, the Board of Appeals shall
decide petitions for variance and final appeals. Petitions for variance
shall be decided per § SPS 320.19 Wis. Adm. Code, so that
equivalency is maintained to the intent of the rule being petitioned.
As the Board of Appeals approves petitions for variance, the Building
Inspector is granted the power to apply the result to similar circumstances
by precedent.
B. Detached garages serving one-family and two-family dwellings and
any heating, electrical or plumbing systems therein shall comply with
the Uniform Dwelling Code. Petitions for variance and appeals shall
be handled as in the previous subsection.
C. Residential sheds of over 120 square feet in area.
The following definitions shall be applicable in this chapter:
ADDITION
New construction performed on a dwelling which increases
the outside dimensions of the dwelling.
ALTERATION
A substantial change or modification other than an addition
or minor repair to a dwelling or to systems involved within a dwelling.
DEPARTMENT
The Wisconsin Department of Safety and Professional Services
(SPS).
DWELLING
A.
Any building, the initial construction of which is commenced
on or after the effective date of this chapter which contains one
or two dwelling units; or
B.
An existing structure, or that part of an existing structure,
which is used or intended to be used as a one- or two-family dwelling.
MINOR REPAIR
Repair performed for maintenance, replacement or other nonstructural
purposes on any existing one- or two-family dwelling which does not
affect room arrangement, light and ventilation, access to or efficiency
of any exit stairways or exits, fire protection or exterior aesthetic
appearance and which does not increase a given occupancy and use.
No building permit is required for work to be performed which is deemed
minor repair.
ONE- OR TWO-FAMILY DWELLING
A building structure which contains one or separate households
intended to be used as a home, residence or sleeping place by an individual
or by two or more individuals maintaining a common household to the
exclusion of all others.
PERSON
An individual, partnership, firm or corporation.
UNIFORM DWELLING CODE
Those Administrative Code provisions and any future amendments,
revisions or modifications thereto, contained in the following chapters
of the Wisconsin Administrative Code:
A.
Chapter SPS 320, Administration and Enforcement.
B.
Chapter SPS 321, Construction Standards.
C.
Chapter SPS 322, Energy Conservation.
D.
Chapter SPS 323, Heating, Ventilating and Air Conditioning.
E.
Chapter SPS 324, Electrical Standards.
F.
Chapter SPS 325, Plumbing.
All permit and administrative fees assessed under this chapter
shall be established from time to time by resolution of the Village
Board. A schedule of fees is available in the office of the Village
Clerk-Treasurer.
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 § 66.0413, Wis. Stats., as amended from time to time.
Where the public safety requires immediate action, the Building Inspector
shall secure an administrative warrant to enter the premises with
such assistance as may be necessary and shall 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.
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.
Each unit of a duplex shall have separate water and sewer lateral
services as well as separate electric and natural gas service.
If any section, clause, provision or portion of this chapter,
or of the Wisconsin Administrative Code adopted by reference, is adjudged
unconstitutional or invalid by a court of competent jurisdiction,
the remaining provisions shall not be affected.