[HISTORY: Adopted by the Common Council of the City of Lancaster 8-15-2005 by Ord. No.
2005-06 as Ch. 23 of the 2005 Code. Amendments noted
where applicable.]
A.
General permit requirement. No building, plumbing or electrical work
shall be performed in the City unless a permit therefor is obtained
as required in this chapter.
B.
Payment of fees. All fees shall be paid to the City Clerk/Treasurer.
A receipt showing that such fees as prescribed by ordinance have been
paid shall be presented to the Building Inspector before the Inspector
shall issue a building, electrical or plumbing permit.
C.
Permit lapses. A building, electrical or plumbing permit shall lapse
and be void unless operations under the permit are commenced within
six months from the date of issuance thereof.
D.
Revocation. If the Building Inspector shall find at any time that
any ordinances, laws, orders, plans and specifications are not being
complied with, and that the holder of the permit refuses to conform
after a written warning or instruction has been issued to him, he
shall revoke the building, electric or plumbing permit by written
notice posted at the site of the work. When any such permit is revoked,
no person shall do any further work thereunder until the permit is
reissued, excepting such work as the Building 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
or property.
[Amended 11-17-2014 by Ord. No. 2014-05]
E.
Report of violations. All City employees shall report at once to
the Building Inspector any building, electrical or plumbing work which
is being carried on without a permit as required by this chapter.
[Amended 11-17-2014 by Ord. No. 2014-05]
F.
Records. The Building Inspector shall keep a record of all permits,
fees and inspections and shall make an annual report.
G.
Appeals. A person aggrieved by any decision by the Building Inspector
under this chapter shall have the right to appeal therefrom to the
Zoning Board of Appeals of the City of Lancaster in the same manner
and with the same force and effect as provided for other appeals to
said Board.
A.
Building permits and inspection.
(1)
Permit required. No building or any part thereof shall hereafter
be erected within the City or ground broken for the same, except as
hereinafter provided, until a building permit therefor shall first
have been obtained from the Building Inspector by the owner or his
authorized agent. The term "building" as used in this section shall
include any building or structure and any enlargement, alteration,
heating or ventilating installation, moving or demolishing or anything
affecting the fire hazards or safety of any building or structure.
(2)
Application. 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, and the legal description of the land upon
which the building is to be located, and shall contain such other
information as the Building Inspector may require for effective enforcement
of this section.
(3)
Plans. With such application there shall be submitted a complete
set of plans and specifications as required in the Wisconsin Administrative
Code, Uniform Dwelling Code. Plans for buildings required to comply
with the State Commercial Building Code shall bear a stamp of approval
from the Department of Safety and Professional Services. Applicants
for permits for buildings not subject to the Uniform Dwelling Code
or State Commercial Building Code shall submit building plans which
include a plot plan, floor plan and elevations the same as required
for one- or two-family dwellings under the Uniform Dwelling Code.
[Amended 11-17-2014 by Ord. No. 2014-05]
(4)
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 provided the
cost of such work does not exceed $2,000.
(5)
Approval of plans. If the Building Inspector determines that the
proposed building will comply in every respect with all ordinances
of the City and all applicable laws and orders of the state, he shall
officially approve and stamp the set of plans and return it to the
owner and shall issue a building permit therefor 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 and orders, or
which involves the safety of the building or occupants, except with
the written consent of the Building Inspector. In case adequate plans
are presented for only part of the building, the Building Inspector
may, at his discretion, issue a permit for a part of the building
before receiving the plans and specifications for the entire building.
(6)
Exceptions. The following repairs, alterations and improvements to
existing buildings which do not involve enlargements, changes in structural
strength, ventilation, fire protection or changes in electrical or
plumbing systems are exempt from requirements for issuance of a building
permit:
(a)
Painting.
(b)
Replacing floor, wall or ceiling coverings.
(c)
Replacement of gutters, eaves or downspouts, exterior siding,
soffit, and window replacement.
(d)
Installation of household appliances which does not require
rewiring or changes in plumbing.
(e)
Tuck pointing or other repairs to existing masonry surfaces.
(f)
Replacing window glass.
(g)
Re-roofing which does not involve new structural support or
replacement of existing structural support.
(7)
Fees. The fees for building permits shall be as adopted by ordinance
of the Common Council from time to time and on file in the office
of the City Clerk/Treasurer and Building Inspector.
(8)
Inspection of work. The builder shall notify the Building Inspector
when ready, and the Building Inspector shall inspect all buildings
upon completion of the foundation forms, or before the foundation
is laid, and again when ready before wall covering is applied. After
completion, he shall make a final inspection of all new buildings
and alterations.
[Amended 11-17-2014 by Ord. No. 2014-05]
(9)
Late penalty fee. Any property owner or individual required to obtain
a building permit under the provisions of the Building Code for the
City of Lancaster, Wisconsin, who does not obtain said permit prior
to the commencement of construction shall be assessed a late penalty
fee of double the normal permit fee assessed for such construction
activity. This permit fee and penalty shall be assessed and paid in
full prior to the Building Inspector issuing a building permit and
prior to the continuation of any construction that has been commenced.
B.
Uniform Dwelling Code.
(1)
Chapters SPS 320 to SPS 325, Wis. Adm. Code, the Uniform Dwelling
Code, as adopted and effective December 1, 2002, and all amendments
thereto, are adopted and incorporated in this chapter by reference.
The Uniform Dwelling Code shall apply only to the construction and
inspection procedures for all new construction and shall not apply
to additions or alterations to existing buildings except as specified
elsewhere in this chapter.
(2)
The Building Inspector and his delegated representatives are hereby
authorized and directed to administer and enforce all of the provisions
of the Uniform Dwelling Code.
C.
Portions of state code adopted. The State Commercial Building Code
is hereby adopted and made a part of this chapter with respect to
those classes of buildings to which this code specifically applies.
[Amended 11-17-2014 by Ord. No. 2014-05]
D.
New methods and materials. All materials, methods of construction
and devices designated for use in buildings or structures covered
by this chapter and not specifically mentioned in or permitted by
this chapter shall not be so used until approved in writing by the
Department of Safety and Professional Services for use in buildings
or structures covered by the State Commercial Building Code, except
sanitary appliances which shall be approved in accordance with the
State Plumbing Code. Such materials, methods of construction and devices,
when approved, shall be installed or used in strict compliance with
the manufacturer's specification and any rules or conditions
of use established by the Department of Safety and Professional Services.
The data, tests and other evidence necessary to prove the merits of
such material, method of construction or device shall be determined
by the Department of Safety and Professional Services.
[Amended 11-17-2014 by Ord. No. 2014-05]
E.
Unsafe buildings. Whenever the Building Inspector finds any building
or part thereof within the City to be, in his judgment, so old, dilapidated
or 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 such building or part thereof, or if it can be made safe
by repairs, to repair and make safe and sanitary or to raze and remove
at the owner's option. Such order and proceedings shall be as
provided in § 66.0413, Wis. Stats.
A.
Moving permit required. No building or structure shall be moved into
or within the City without first obtaining a permit therefor from
the Director of Public Works, such permit to be issued only upon compliance
with the provisions hereof and with other provisions of this Code,
if any, relating thereto.
[Amended 11-17-2014 by Ord. No. 2014-05]
B.
Application for moving permit. Application for such permit shall
be made to the Committee on a form provided by the Building Inspector.
Such form shall describe the building to be moved; present location
of the building; proposed location to which the building is to be
moved; name and address of mover engaged; streets or other routes
over which the building is to be moved; the date and time such moving
will take place and the approximate length of time required therefor;
and any other information, data or maps reasonably required by it
to make a determination on the issuance of such permit.
C.
Moving permit fee. No such permit shall be issued until the applicant
has paid to the City Clerk/Treasurer a fee therefor in an amount as
provided in the City's Fee Schedule, and in addition thereto, where
police protection for control of traffic or other City personnel will
be required, either for public safety or for the protection of the
property, to expand substantial additional time in connection with
such move, then the fees herein set forth shall be increased to cover
the cost to the City thereof.
[Amended 11-17-2014 by Ord. No. 2014-05]
D.
Requirements for house moving permit.
[Amended 11-17-2014 by Ord. No. 2014-05]
(1)
No permit shall be granted for the moving of any building or structure
or portion thereof which is deteriorated or damaged to an extent greater
than 50% of the assessed valuation of said building.
(2)
No permit shall be granted for moving of any building or structure
where either the exterior architectural appeal or functional plan
of such building would be so at variance with the exterior architectural
appeal or functional plan of buildings already constructed in the
immediate neighborhood, or shall be otherwise at variance with the
character of the said district to which it is being moved, so as to
cause a substantial depreciation in the property of said neighborhood
or district.
(3)
No such permit shall be issued unless the proposed use and location
of said structure when moved will comply with all other applicable
ordinances of said City.
(4)
Where the issuance of such permit is conditioned upon alterations
or improvements to be made in such structure after such moving is
completed, said Director of Public Works may require a bond or other
suitable guarantee to the City that such alterations will be completed
within a reasonable time thereafter. The term "reasonable time" herein
means a period which is fair under the existing circumstances taking
into consideration the amount and kind of alterations, the time of
year, the availability of personnel required to make same, and other
similar pertinent factors.
(5)
No such permit shall be issued unless all reasonable precautions
are made so that such moving may be done with reasonable safety to
other property and persons and the applicant shall have furnished
to the City a written memorandum of insurance showing public liability
insurance coverage in the minimum amounts of $200,000 for injury to
any person, $300,000 for total personal injury, and $100,000 for property
damage.
E.
Time limitation. Such permit shall be valid only for the date and
hour and on the routes which have been approved and are set forth
in said permit and no variations therefrom shall be permitted unless
such variation shall have been authorized by said Director of Public
Works.
A.
State Electrical Code applies. All electrical work, including the
placing of wires and other equipment, shall conform to the State Electrical
Code and amendments and revisions which may be adopted in the future
which is hereby made a part of this chapter by reference.
B.
Electrical Code permit. No electric wiring or other equipment shall
be installed or altered without first securing a permit therefor from
the City Building Inspector, except that repairs or replacements of
broken or defective sockets, switches or base receptacles may be made
without a permit. The application for such permit shall be on a form
furnished by the Building Inspector and shall state clearly the work
planned, alterations to be made and equipment and materials to be
used, and all later deviations from such plan must be submitted to
and approved by the Building Inspector. A fee per outlet shall be
charged for the permit according to the fee schedule ordinance adopted
by the Common Council from time to time and on file in the office
of the City Clerk/Treasurer and Building Inspector.
C.
Inspection of work. After roughing in the wiring of any building,
and before any such work is covered up, or upon completion of any
outside wiring construction work, it shall be the duty of the person
doing such work to notify the Building Inspector, who shall at once
inspect or cause to be inspected the same. Upon completion of such
wiring, the Inspector shall be notified and shall inspect or cause
to be inspected the finished work. If he finds that the work conforms
to the State Electrical Code, he shall issue a certificate of compliance
which shall contain the date and an outline of the result of such
inspection, a duplicate of which shall be filed by location in the
office of the Building Inspector. No person shall use any such electrical
equipment until such certificate has been issued.
A.
State plumbing code applies. The construction, reconstruction, installation
and alteration of all plumbing, drainage and plumbing ventilation
shall conform to the State Plumbing Code and amendments and revisions
which may be adopted in the future, which is hereby adopted by reference
as a part of this chapter.
B.
Plumbing permit. No plumbing or drainage of any kind shall be installed
or altered without first securing a permit therefor from the Building
Inspector, except that leakage or stoppage repairs and replacement
of existing toilets or sinks where existing piping is not affected
may be made. The application for such permit shall be on a form furnished
by the Building Inspector and shall state clearly the work planned,
alterations to be made and equipment and materials to be used. All
later deviations from such plan shall be submitted to and approved
by the Building Inspector. A fee per fixture shall be charged for
the permit according to the fee schedule ordinance adopted by the
Common Council from time to time and on file in the office of the
City Clerk/Treasurer and Building Inspector.
[Amended 11-17-2014 by Ord. No. 2014-05]
C.
Inspection of work. Upon completion of the plumbing work on any premises,
the person doing such work shall notify the Building Inspector before
such work is covered up, and the Building Inspector shall at once
inspect, or cause to be inspected, the work. If he finds that the
work conforms to the State Plumbing Code, he shall issue a certificate
of compliance which shall contain the date and an outline of the result
of such inspection, a duplicate of which shall be filed by location
in the office of the Building Inspector. No person shall use or permit
to be used any plumbing or drainage until it has been inspected and
approved by the Building Inspector.
Chapter ATCP 93, Wis. Adm. Code (Flammable, Combustible and
Hazardous Liquids), is hereby adopted by reference as part of this
chapter and the Building Inspector shall enforce the provisions thereof.
A.
Fire district. All that part of the City included within the following
described territory shall be known as the fire district: all of that
area included in the municipal boundaries of the City of Lancaster
and as amended or changed from time to time.
B.
Definitions. The terms "fire-resistive construction," "mill construction,"
"ordinary construction," "frame construction" and "fire-retardant
roof covering" shall have the meanings as defined in Ch. SPS 375,
Wis. Adm. Code.
C.
Regulations within fire districts.
(1)
Requirements. Every building hereafter erected, enlarged or moved
within or into the fire district shall be of fire-resistive, mill
or ordinary construction, except as otherwise provided by this chapter.
Enclosing walls, division walls and party walls shall be of four-hour
fire-resistive walls or of construction as provided in Ch. SPS 375,
Wis. Adm. Code.
(2)
Exceptions. No building of frame construction shall be constructed
or moved within or into the fire district except the following:
(a)
Buildings occupied as a private garage, not more than one story
in height nor more than 750 square feet in area, located on the same
lot with a dwelling, provided that any such building shall be placed
at least three feet from the lot lines of adjoining property.
(b)
Buildings of frame construction, except when used for a high
hazard occupancy, not exceeding 2,500 square feet in area when used
for a business occupancy, or 1,000 square feet in area when used for
other occupancies, nor more than one story in height and having a
horizontal separation of not less than 10 feet on all sides. Walls
having a horizontal separation of less than 10 feet shall have a fire-resistance
rating of not less than one hour.
(c)
Greenhouses not more than 15 feet in height.
(d)
Sheds open on the long side, not more than 15 feet in height
nor more than 500 square feet in area, located at least five feet
from buildings and from adjoining lot lines.
(3)
Builders' shanties for use only in connection with a duly authorized
building operation.
D.
Bulk oil tanks prohibited. The storage of Class I and Class II flammable
liquids, as defined in Ch. ATCP 93, Wis. Adm. Code, in aboveground
tanks outside of buildings is prohibited within the fire district.
E.
Razing old or damaged buildings. Any existing building of frame construction
within the fire limits which may hereafter be damaged by fire, or
which has deteriorated to an amount greater than 1/2 of its value
exclusive of the foundation, as determined by the City Assessor, shall
not be repaired or rebuilt but shall be ordered removed by the Building
Inspector under the provisions of § 66.0413, Wis. Stats.
F.
Fire-retardant roofing.
(1)
Every roof hereafter constructed within the fire district, including buildings listed in Subsection C(2), shall be covered with a roofing having a fire-resistive rating equivalent to "Class B" or better of the Underwriters' Laboratories, Inc., classification in their "List of Inspection Materials," which is hereby adopted by reference and incorporated in this section as if fully set forth herein.
G.
Enforcement authority. The Building Inspector and the Fire Chief
are hereby authorized and it shall be their duty to enforce the provisions
of this section.
Except as otherwise provided herein, any person who fails to comply with the provisions of this chapter shall be subject to a forfeiture as provided in § 1-4 of this Municipal Code.
