[HISTORY: Adopted by the Town Board of the Town of Pacific 9-18-2012 by Ord. No. 2012-20. Amendments noted where applicable.]
This chapter is adopted under the authority granted by § 101.65, Wis. Stats.
The purpose of this chapter is to promote the general health, safety and welfare and to maintain required local uniformity with the administrative and technical requirements of the Wisconsin Uniform Dwelling Code. This chapter repeals and replaces any previously adopted Town ordinance as to those matters that are provided for in this chapter.
Notwithstanding § SPS 320.05, Wis. Adm. Code, the scope includes the construction and inspection of alterations and additions to one-and two-family dwellings built before June 1, 1980. Because such projects are not under state jurisdiction, petitions for variance and final appeals under §§ SPS 320.19 and 320.21, Wis. Adm. Code, respectively, shall be decided by the Board of Zoning Appeals. Petitions for variance shall be decided per § SPS 320.19 (Intro), Wis. Adm. Code, so that equivalency is maintained to the intent of the rule being petitioned. As the Board of Zoning Appeals approves petitions for variance, the Chief Inspector is granted the power to apply the results to similar circumstances by precedent.
Notwithstanding § SPS 320.05, Wis. Adm. Code, the scope also includes the construction and inspection of detached garages serving one- and two-family dwellings. The building structure and any heating, electrical or plumbing systems shall comply with the Uniform Dwelling Code. Petitions for variance and appeals shall be handled as in Subsection A of this section.
The scope also includes the construction and alteration of commercial buildings and electrical inspections of those buildings.
[Added 12-18-2018 by Ord. No. 2018-3]
The Wisconsin Uniform Dwelling Code, Chs. SPS 320 to 325 of the Wisconsin Administrative Code, and all amendments thereto, is adopted and incorporated by reference and shall apply to all buildings within the scope of this chapter. Detached garages will need to comply with the Uniform Dwelling Code fire separation requirements.
Wisconsin Administrative Code Chs. SPS 361 to 366, the Wisconsin Commercial Building Code; Chs. SPS 375 to 379, Buildings Constructed Prior to 1914, are hereby adopted and made a part of this chapter with respect to those classes of buildings to which this building code specifically applies. Any future amendments, revisions and modifications of said chapters incorporated herein are intended to be made a part of this chapter.
[Added 12-18-2018 by Ord. No. 2018-3]
Chapter SPS 316 Wis. Adm. Code (Electrical), and all amendments thereto, are adopted and incorporated by reference and shall apply to all buildings covered by that electrical code.
[Amended 12-18-2018 by Ord. No. 2018-3]
The Town's Building Inspector shall administer and enforce this chapter and shall be certified by the State of Wisconsin to perform all building inspections provided for under this chapter.
Permit required. No building of any kind shall be moved within or into the Town and no new building or structure or any part thereof shall be erected or ground broken for such or enlarged, altered, moved, demolished, razed or used within the Town except as provided in this chapter until a permit shall first have been obtained by the owner or the owner's authorized agent from the Building Inspector.
Alterations and repairs. The following shall apply to buildings altered or repaired:
When any existing building or structure accommodates a legal occupancy and use but is of a substandard type of construction, then alterations which involve beams, girders, columns, bearing or other walls, room arrangement, heating and air-conditioning systems, light and ventilation, or changes in location of exit stairways or exits, or any or all of the above, may be made in order to bring such existing construction into conformity with the minimum requirements of this chapter applicable to such occupancy and use and given type of construction when not in conflict with any other regulations.
Repairs. Repairs for purposes of maintenance or replacements in any existing building or structure which do not involve the structural portions of the building or structure or which do 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 do not increase a given occupancy or use shall be deemed minor repairs.
Alterations and repairs required. When any of the structural members of any building or structure have deteriorated from any cause whatsoever to less than their required strength, the owner of such a building or structure shall cause such structural members to be restored to their required strength; failing in which, the building or structure shall be considered a menace to public safety and shall be vacated and thereafter no further occupancy or use of the building or structure shall be permitted without compliance with this chapter.
Extent of deterioration. The amount and extent of deterioration of any existing building or structure shall be determined by the Building Inspector.
Application for permit. Application for a building permit shall be made in writing upon a form furnished by the Building Inspector 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 such building is to be put; and such other information as the Building Inspector may require.
Waiver of plans; minor repairs.
Waiver. If the Building Inspector finds that the character of the work is sufficiently described in the application, the Building Inspector may waive the filing of plans for alterations, repairs or moving, provided the cost of such work does not exceed $500 and the provisions of Chapter 461, Site Plan Review, are met.
Minor repairs. The Building Inspector may authorize minor repairs or maintenance work on any structure or to heating, ventilating or air-conditioning systems installed therein valued at less than $500, as determined by the Building Inspector, which do not change the occupancy area, exterior aesthetic appearance, structural strength, fire protection, exits, light or ventilation of the building or structure without issuance of a building permit; however, pursuant to the Chapter 461, Site Plan Review, certain projects may still be required to submit to the Town Plan Commission for review/recommendation to the Town Board.
Approval of building plans where no Plan Commission approval is required.
The Building Inspector shall receive detailed building plans from the applicant for all building construction projects.
If the Building Inspector determines that the building will comply in every respect with all Town ordinances and orders and all applicable state laws and orders, the Building Inspector shall issue a building permit which shall state the use to which the 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 Town ordinances or state laws or orders or which involves the safety of the building or the occupants without written consent of the Building Inspector.
If adequate plans are presented for part of the building only, a permit for that part of the building may be issued at the discretion of the Building Inspector before receiving the plans and specifications for the entire building.
Approval of building plans where Plan Commission approval is required.
The Building Inspector shall receive detailed site plans from the applicant for all building projects as appropriate for the nature of the construction project.
Where the building project is applicable under Chapter 81, Plan Commission; Chapter 461, Site Plan Review; Chapter 429, Erosion Control, and Chapter 467, Stormwater Management, or Chapter 345, Article V, Road and Infrastructure Standards, the Building Inspector shall receive detailed site plans from the applicant and forward to the Town Engineer. A site plan application is required to be completed by the applicant.
The Town Engineer and Plan Commission shall review the site plan and make recommendation for permit issuance or denial. A building permit shall be on hold until the Plan Commission makes a recommendation to the Town Board.
If the Building Inspector has received the Plan Commission recommendation and all applicable state laws and orders, the Building Inspector shall issue a building permit which shall state the use to which the building is to be put, which shall be kept and displayed at the site of the proposed building. After being approved, the site plan, building plans and specifications shall not be altered in any respect which involves any of the Town ordinances or state laws or orders or which involves the safety of the building or the occupants without written consent of the Building Inspector.
Permit lapses. A building permit shall lapse and be void unless building operations are commenced within six months or if construction has not been completed within two years from the date of issuance thereof. Construction materials on site shall be kept in a reasonably organized and safe manner. Vegetation shall be maintained and not allowed to become overgrown as regulated in Chapter 317, Nuisances, of the Code of the Town of Pacific.
Permit extension. A building permit may be extended before said permit lapses by the Building Inspector and with direction by the Town upon such terms deemed reasonable and appropriate after consideration of a request by the permit holder describing the efforts made to comply with the terms of the original permit and the reasons necessary for an extension. Construction materials on site shall be kept in a reasonably organized and safe manner. On-site materials not being used for a duration longer than two weeks shall be removed or stored in a location not visible from public roads. Vegetation shall be maintained and not allowed to become overgrown as regulated in Chapter 317, Nuisances, of the Code of the Town of Pacific.
Revocation of permits.
The building, plumbing, electrical or heating, ventilating and air-conditioning (HVAC) inspector may revoke any building, plumbing, heating, ventilating and air-conditioning or electrical permit, certificate of occupancy, or approval issued under this chapter and may stop construction or use of approved new materials, equipment, methods or construction, devices or appliances for any of the following areas, if:
The inspector finds at any time that applicable ordinances, laws or orders, plans and specifications are not being complied with and that the holder of the permit refused to conform after written warning has been issued to the holder of the permit.
The continuance of any construction becomes dangerous to life or property.
There is any violation of any condition or provisions of the application for the permit or of the permit.
In the opinion of the inspector, there is inadequate supervision provided on the job site.
Any false statement or misrepresentation has been made in the application for the permit, plans, drawings, data specifications or certified lot or plot plan on which the issuance of the permit or approval was based.
There is a violation of any of the conditions of a permit, an approval or a certificate of occupancy given by the inspector for the use of all new materials, equipment, methods or construction devices or appliances.
[Amended 2-18-2014 by Ord. No. 2014-1]
The notice revoking a building, plumbing or electrical permit, certificate of occupancy or approval shall be in writing and may be served upon the applicant of the permit, upon the owner of the premises and the owner's agent, if any, and upon the person having charge of construction.
A revocation placard shall also be posted upon the building, structure, equipment or premises in question by the inspector.
After the notice is served upon such persons and posted, it shall be unlawful for any person to proceed thereafter with any construction operation whatsoever on the premises, and the permit which has been so revoked shall be null and void. Before any construction or operation is again resumed, a new permit, as required by this chapter, shall be procured and fees paid therefor, and thereafter the resumption of any construction or operation shall be in compliance with this chapter. However, such work as the inspector may order as a condition precedent to the reissuance of the building permit may be performed or such work as the inspector may require for the preservation of life and safety shall be performed.
Report of violations. Town officers shall report at once to the Building Inspector any building which is being carried on without a permit as required by this chapter.
Display of permit. Building permits shall be displayed in a conspicuous place on the premises where the authorized building or work is in progress at all times during construction or work thereon.
Stop-work order. The Town Board or the Building Inspector may issue a stop-work order against a project to prevent further noncomplying work.
The Town shall not issue or renew any building permit.
For any building project that, during its plan review, does not meet applicable state code by the determination of the Building Inspector.
For any purposes for which taxes, assessments or other claims of the Town are delinquent and unpaid.
For any person who has failed to obtain site plan review approval, pursuant to Chapter 461, Site Plan Review, of the Code of the Town of Pacific.
For any person who is in apparent violation of any other Town ordinance, pursuant to the determination of the Building Inspector.
Where the Building Inspector determines a health or safety issue is present with the proposed plans or related construction work.
This denial may be appealed to the Town Board.
[Amended 12-16-2014 by Ord. No. 2014-10]
The building permit fees shall be determined by the Town Board and included on the Town's fee schedule. Building permit fees shall be paid prior to the issuance of the building permit and prior to construction being started.
The amount of the building permit fees shall be double the usual fees in the event that construction is started prior to the issuance of a building permit.
In the discharge of their respective duties, each inspector under this chapter or the inspector's authorized agent may enter any building, upon presentation of the proper credentials, during reasonable hours for the purpose of inspection and may require the production of any permit or license required under this chapter. No person shall interfere with the inspector or the inspector's authorized agent while in the performance of the inspector's duties, and any person so interfering shall be in violation of this section and subject to a penalty.
If consent to entry to personal or real properties which are not public buildings or to portions of public buildings which are not open to the public for inspection purposes has been denied, the inspector shall obtain a special inspection warrant under § 66.0119, Wis. Stats.
[Amended 2-18-2014 by Ord. No. 2014-1; 12-16-2014 by Ord. No. 2014-10]
In addition to any other remedies and penalties set forth in this chapter, 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. Forfeitures shall not be less than $50 nor more than $1,000, together with the costs of prosecution for each day of noncompliance.
[Added 12-16-2014 by Ord. No. 2014-10]
Any person aggrieved by an order or a determination of the Town Building Inspector may, within 45 days after the issuance of such order or determination, appeal such order or determination to the Town Board.