[HISTORY: Adopted by the Village Board of the Village of
Mount Horeb. Amendments noted where applicable.]
[Amended 10-4-2000 by Ord. No. 2000-16; 5-5-2021 by Ord. No. 2021-06]
(1)
Appointment.
The Building Inspector ("Inspector") is appointed by the municipality.
The Inspector will be certified for inspection purposes by the Department
of Safety and Professional Services in the required categories specific
under Ch. SPS 305, Wisconsin Administrative Code.
(a)
Assistants.
The Inspector may employ, assign, or appoint, as necessary, assistant
inspectors. Any assistant hired to inspect will be certified as defined
in SPS 305, Wisconsin Administrative Code by the Department of Safety
and Professional Services.
(b)
Duties.
The Inspector will administer and enforce all provisions of Village
Code.
(2)
Powers.
The Inspector or an authorized certified agent of the Inspector may,
at all reasonable hours, enter any public or private premises for
inspection purposes. No person will interfere with or refuse to permit
access to any premises by the Inspector or his agent while in the
performance of his duties. In the event the Inspector or his agent
is refused access to any premises, the Inspector is authorized to
apply for a special inspection warrant pursuant to § 66.0119,
Wis. Stats. Nothing in this section will prevent a police officer,
firefighter, or other public employee or official to enter premises
and/or property in an emergency situation when authorized to do so
by law.
(3)
Certified
municipality. The Village has adopted the certified municipality status
as described in § SPS 361.60 of the Wisconsin Administrative
Code.
(1)
Permit required.
(a)
No
building, or any part thereof, shall be erected, altered, repaired
or moved, or ground disturbed for the same within the Village except
as provided in this chapter, until a permit has first been obtained
by the owner or his authorized agent from the Inspector. No owner
or contractor may commence construction of any building or mechanical
system prior to obtaining a valid permit from the Inspector. Construction
requiring a building permit includes, but is not limited to:
[Amended 5-5-2021 by Ord.
No. 2021-06]
1.
New
one- and two-family and commercial building, including agricultural
buildings, detached structures (decks), and detached accessory buildings.
2.
Additions
that increase the physical dimensions of a building including decks.
3.
Alterations
to the building structure or alterations to the building’s heating,
electrical, or plumbing systems. Cost also will include market labor
value.
4.
Replacement
of major building equipment, including furnaces and central air conditioners,
water heaters, and any other major piece of equipment.
5.
Any
electrical wiring for new construction or remodeling, excluding new
wiring for existing industrial and manufacturing facilities that do
not require state mandated building plan review.
6.
Any
HVAC for new construction or remodeling.
7.
Any
plumbing for new construction or remodeling.
8.
Any
new or rewired electrical service, including services for agricultural
buildings.
(b)
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.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(2)
Application. Application for a building permit shall be made on a
form furnished by the Inspector and shall state the name and address
of the owner of the land and building, the legal description of the
land on which the building is located, the name and address of the
designer, the use if altered and other information as the Inspector
may require.
(3)
Plans. Plans and specifications shall be submitted with each building
permit application. All plans and specifications will be signed by
the designer and submitted in duplicate; one set to be returned to
the applicant after approval as provided below and the other set to
remain on file in the Building Department subject to record retention
policies. Plans for buildings required to comply with Chs. SPS 361
through 366, Wis. Adm. Code, will bear a stamp of approval from the
Department of Safety and Professional Services. The plans and specifications
shall include a plot plan showing the following:
[Amended 2-3-1997 by Ord. No. 97-3; 10-4-2000 by Ord. No. 2000-16; 5-6-2009 by Ord. No. 2009-08; at time of adoption of Code (see
Ch. 1, General Government, Art. V)]
(a)
Actual dimensions of the lot to be built upon.
(b)
Size of the building to be constructed.
(c)
Location of the proposed building and driveway with respect
to adjoining streets, alleys, lot lines, other buildings, and all
utility installations and other public improvements, including fire
hydrants and street trees. Dimensions of the area between lot lines
and street curb lines (commonly referred to as the “street terrace
area”).
(d)
Site grading plan.
2.
Previously approved plan. If a grading plan for the site, such
as a subdivision grading plan or master site grading plan, is already
on file with the Village as part of another approval process, the
applicant may submit the existing plan for review to determine whether
it fulfills the requirements of this chapter.
3.
Site grading plan standards. All site grading plans approved
by the Village will comply with the following standards:
a.
All grading plans must comply with any approved grading plan
(such as a subdivision grading plan) applicable to the area subject
to the grading activities.
b.
Ground slopes shall be a minimum of 1/4 inch per foot away from
the building foundation and in accordance with the Uniform Dwelling
Code.
c.
All lower-level exposures shall be a minimum of 24 inches above
the lowest point on the lot, unless the applicant proposes and implements
a reasonable engineering practice designed to mitigate the effects
of altered drainage following substantial drainage activity.
4.
The Village will provide bench marks and datum wherever reasonably
required.
(4)
Waiver of plans. If the Inspector finds that the scope 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
work does not exceed $2,000.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(5)
Approval of plans. If the Inspector determines that the proposed building will comply with this Municipal Code and all applicable laws and orders of the state, and that any proposed driveway has been approved by the Public Services Director in accordance with § 8.07 of this Code, he shall approve and stamp one set of plans and return it to the applicant and shall issue a building permit, which shall be kept and displayed at the site of the proposed project. After approval, 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 occupants except with the written consent of the Inspector.
[Amended 2-3-1997 by Ord. No. 97-3; at time of adoption
of Code (see Ch. 1, General Government, Art. V)]
(6)
Minor repairs. The Inspector may authorize minor repairs or alterations
which do not change the occupancy, area, structural strength, fire
protection, exits, light or ventilation of the building without requiring
a building permit to be issued.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(7)
Fees. The applicant shall pay a fee as established by the Village
Board and provided in the Village Fee Schedule.
[Amended 3-2-1998 by Ord. No. 98-5; 2-2-2006 by Ord. No. 2005-06; 1-3-2018 by Ord. No. 2018-01; at time of adoption of Code (see
Ch. 1, General Government, Art. V)]
(8)
Inspection of work.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(a)
The owner or his authorized agent, will notify the Inspector
when the construction is ready for any inspections required under
this Code, including any applicable inspections required by the Wisconsin
Uniform Dwelling Code and the Wisconsin Commercial Building Code.
(b)
The Inspector shall make a final inspection of all new buildings
and alterations.
(c)
After notification, the Inspector shall have 48 hours, not including
weekends, to inspect the project.
[Added 10-4-2000 by Ord. No. 2000-16]
Other requirements of this chapter notwithstanding, a permit
to start construction may be issued prior to issuing a building permit
if the Inspector has approved the following required plans and the
appropriate fee has been paid.
(1)
Site plan. The site plan shall show the location of all structures
in relation to the property lines, the location of utility lines and
easements, and other pertinent information necessary to define the
construction of footings and foundation.
(2)
Building plan. The building plan shall show the design and load criteria
for the footings and foundation.
(3)
Fees. A nonrefundable fee for residential projects and for commercial
projects must be paid prior to the issuance of the permit to start
construction, as provided in the Village Fee Schedule. Additional
fees will be required prior to issuance of the building permit.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(4)
Authorized work. The permit to start construction authorizes all
necessary excavation and installation of footings and foundation according
to applicable codes, sewer and water laterals by a licensed plumber,
and electric meter pedestal and service panel. No other work may be
performed on the site until all additional plans for the project have
been approved, required fees paid, and permits issued.
(1)
Building permit.
[Amended 12-6-2006 by Ord. No. 2006-29; at time of adoption
of Code (see Ch. 1, General Government, Art. V)]
(a)
Payment of fees. All fees shall be paid to the Building Department
with the building permit application or prior to the start of the
project.
(b)
Lapse of permit. If the Inspector finds at any time that the
provisions of this chapter or the plans and specifications are not
being complied with, and that the holder of the permit refuses to
conform after a written warning or instruction, he shall revoke the
building permit by posting notice at the work site. When any such
permit is revoked, no person shall do any further work until the permit
is reissued, except such further work as the Inspector may order done
as a condition precedent to the reissuance of the permit or for safety
reasons.
(c)
Expiration. All permits, except those issued for new construction
of one-family and two-family dwellings, shall expire at the end of
12 months from the date of issuance. Permits for new construction
of one-family and two-family dwellings expire at the end of 24 months
from the date of issuance and may be renewed the same as other permits.
All construction activities shall be planned so as to be completed
within the time permitted.
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Permits that have expired may be renewed after review of the
project by the Inspector and payment of a renewal fee. The renewal
fee shall be equal to payment of 1/2 the original permit fee. The
Inspector shall review both the progress of the project and the reasonable
ability of the permittee to complete the project before reissuing
the permit. Any deficiencies due to time delays or damage due to exposure
to the weather must be corrected prior to reissuance of the permit.
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(2)
Occupancy permit. A final occupancy permit will be issued after necessary
inspections have been performed and construction has been approved
by the appropriate inspector. New construction shall not be occupied
before an occupancy permit has been issued. The owner of property
occupied without first obtaining an occupancy permit shall be subject
to a forfeiture of $100. Each day of violation shall constitute a
separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
(3)
Street and utility improvements required.
[Amended 10-4-2000 by Ord. No. 2000-16; 12-1-2004 by Ord. No.
2004-29]
(b)
Building and occupancy permits may be issued following installation
of all required improvements and certification by the Village Engineer
that all "punch list" items have been satisfactorily completed. The
"punch list" items are those items needed to finally complete all
improvements other than the planting of street trees, and the installation
of the surface coat of asphalt on streets which shall be installed
during the construction season immediately following the construction
season during which the binder course was installed. The Village Engineer
may authorize the Inspector to issue a building or occupancy permit,
or both, for individual lots where the Village Engineer determines
that all improvements needed to serve such lots have been completed,
and that any remaining "punch list" items cannot be completed due
to cold temperatures or frozen ground. Those items that are not completed
due to weather or frozen ground shall be completed as soon as weather
and ground conditions permit as directed by the Village Engineer.
(c)
A building permit may be issued prior to installation of all
required street and utility improvements if all the following conditions
are met:
1.
Direct
access to the lot may be obtained from a public street that has been
improved in accordance with Village standards;
2.
All
stormwater management measures needed to serve the development or
development phase have been completed;
3.
The
Wisconsin Department of Natural Resources has approved all required
sewer and water main extensions;
4.
The
developer has executed an agreement with the Village for the installation
of all required improvements;
5.
All
required deposits and fees have been paid by the developer;
6.
The
Village or the developer has awarded a contract for the installation
of all required improvements;
7.
The
developer has executed a waiver of notice of and protest to special
assessments, or provided a letter of credit to secure construction
of the improvements;
8.
The
permit applicant has released the Village from any liability for failure
to complete the required improvements. No occupancy permit may be
issued until all requirement improvements have been completed and
the Village Engineer has certified that all "punch list" items have
been satisfactorily completed. If the Village Engineer determines
that cold temperatures or frozen ground would prevent the completion
of certain "punch list" items, occupancy permits may be issued before
the completion of those items, and those items shall then be completed
as soon as weather and ground conditions permit as directed by the
Village Engineer.
Chapter ATCP 93, Wis. Adm. Code, Flammable, Combustible and
Hazardous Liquids, and amendments and revisions adopted to date, are
hereby made a part of this chapter by reference. It shall be the duty
of the Inspector to enforce the provisions.
[Amended 10-4-2000 by Ord. No. 2000-16; at time of adoption
of Code (see Ch. 1, General Government, Art. V)]
Whenever the Inspector finds any building or any portion of
the building to be, in his judgment, dilapidated or out of repair,
unsafe, unsanitary or otherwise unfit for human habitation, occupancy
or use, and would be unreasonable to repair, he shall order the owner
to raze and remove the building or portion. If it can be made safe
by repairs, it is the owner's option to repair or to raze and remove.
Such order and proceedings shall be as provided in § 66.0413,
Wis. Stats.
[Amended 5-5-2021 by Ord.
No. 2021-06]
Except as otherwise specifically provided in this chapter, all
provisions of the Wisconsin Administrative Code governing the construction,
maintenance, repair, remodeling, razing, moving, plumbing, heating,
ventilating, wiring, fire protection and sanitation requirements of
buildings and premises, including all subsequent revisions, amendments
and additions, are hereby adopted by reference as if fully set forth
herein. Any act required to be performed or prohibited by any section
incorporated by reference is required or prohibited by this chapter.
The following chapters of the Wisconsin Administrative Code, as well
as all subsequent revisions, are specifically adopted by the Municipality
and will be enforced by the Inspector:
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Ch. SPS 305
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Credentials
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Ch. SPS 316
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Electrical Code
|
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Chs. SPS 320 through 325
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Uniform Dwelling Code
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Ch. SPS 327
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Campgrounds
|
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Chs. SPS 361 through 366
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Commercial Building Code
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Chs. SPS 375 through 379
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Buildings Constructed Prior to 1914
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Chs. SPS 381 through 387
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Uniform Plumbing Code
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[Amended at time of adoption of Code (see Ch. 1, General
Government, Art. V)]
Each building (other than accessory buildings, as defined in Chapter 17 of this Code) in the Village shall be assigned a street number by the Inspector. The building owner shall, within 20 days after completion or occupancy of the building, whichever occurs first, securely attach or apply numerals to the building, in a conspicuous position, and not higher than the first or ground story of the building. The numerals will be at least three inches in height and clearly visible from the street at all times. Certain multifamily residential or multibusiness buildings may have more than one assigned street number. In such cases, the proper numerals shall be displayed at the entrance to each individual dwelling or business unit or, if each unit does not have a separate entrance, as required by the Inspector.
[Added at time of adoption of Code (see Ch. 1, General Government,
Art. V)[1]]
(1)
In addition to the penalty provided for violations of this chapter in § 14.11, a penalty equal to the permit fee will be charged for failure to notify the Village and obtain a permit number before work is started, except in cases of emergency. The penalty, together with the permit fees, will be paid to the Village before any further permits will be issued.
(2)
The
payment of doubled fees will not relieve any person from fully complying
with the regulations of this chapter, or from any other penalties
prescribed in this Code.
[Amended 10-1-2003 by Ord. No. 2003-26; 9-9-2005 by Ord. No.
2005-09; 5-5-2021 by Ord. No. 2021-06]
(1)
Except as otherwise provided, any person who violates any provision of this chapter shall be subject to a penalty as provided in § 25.04 of this Municipal Code. 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 Inspector constitute a defense.
(2)
Violations
discovered by the Inspector will be corrected within 30 days, or more
if allowed by the Inspector, after written notice is given. Violations
involving safety issues will be corrected in a reasonable time frame
established by the Inspector.
(3)
Compliance
with the requirements of this ordinance is necessary to promote the
safety, health, and well-being of the community, and owners, occupants
and visitors of buildings. Violations of this chapter constitute a
public nuisance that may be enjoined in a civil action.
