City of Brodhead, WI Building Construction

General permit requirement. No building of any kind shall be moved within or into the City of Brodhead and no new building or structure, or any part thereof, shall hereafter be erected, or ground broken for the same, or enlarged, altered, moved, demolished, razed or used within the City, except as herein provided, until a permit therefor shall first have been obtained by the owner, or his authorized agent, from the Building Inspector.

Alterations and repairs. The following provisions shall apply to buildings altered or repaired:

Alterations. 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.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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 exist stairways, or exits, fire protection, or exterior aesthetic appearance and which do not increase a given occupancy or use, shall be deemed minor repairs.

(c)

Alterations when not permitted. When any existing building or structure, which, for any reason whatsoever, does not conform to the regulations of this chapter, has deteriorated from any cause whatsoever to an extent greater than 50% of the equalized value of the building or structure, no alterations or moving of such building or structure shall be permitted. Any such building or structure shall be considered a menace to public safety and welfare and shall be ordered vacated and thereafter demolished and debris removed from the premises.

(d)

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 same shall be permitted until the regulations of this chapter are complied with.

(e)

Extent of deterioration. The amount and extent of deterioration of any existing building or structure shall be determined by the Building Inspector.

Application. Application for a building permit shall be made in writing upon a form furnished by the Building Inspector or his designee 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.

Site plan approval.

Site plan approval. All applications for building permits for any construction, reconstruction, expansion or conversion, except for one- and two-family residences in residentially zoned districts, shall require site plan approval by the Plan Commission in accordance with the requirements of this section, unless site plan review is required under Chapter 480, Zoning, of the Code of the City of Brodhead. The applicant shall submit a site plan and sufficient plans and specifications of proposed buildings, machinery and operations to enable the Plan Commission or its expert consultants to determine whether the proposed application meets all the requirements applicable thereto in this chapter.

Administration. The Building Inspector shall make a preliminary review of the application and plans requiring site plan review and refer them along with a report of his findings to the Plan Commission. The Plan Commission shall review the application and may refer the application and determine whether the application and plans meet all the requirements applicable thereto in this chapter. Within 30 days of its receipt of the application, the Plan Commission shall authorize the Building Inspector to issue or refuse a building permit.

Requirements. In acting on any site plan, the Plan Commission shall consider the following:

The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas.

The layout of the site with regard to entrances and exits to public streets; the arrangement and improvement of interior roadways; the location, adequacy and improvement of areas for parking and for loading and unloading; and shall, in this connection, satisfy itself that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community, and the applicant shall so design the construction or use as to minimize any traffic hazard created thereby.

(c)

The adequacy of the proposed water supply, drainage facilities and sanitary and waste disposal.

(d)

The landscaping and appearance of the completed site. The Plan Commission may require that those portions of all front, rear and side yards not used for off-street parking shall be attractively planted with trees, shrubs, plants or grass lawns, and that the site be effectively screened so as not to impair the value of adjacent properties nor impair the intent or purposes of this section.

Effect on municipal services. Before granting any site approval, the Plan Commission may, besides obtaining advice from consultants, secure such advice as may be deemed necessary from the Building Inspector or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities. Should additional facilities be needed, the Plan Commission shall not issue the final approval until the City has entered into an agreement with the applicant regarding the development of such facilities.

Appeals. Denials of building permits contingent upon site plan approval may be appealed to the Zoning Board of Appeals by filing a notice of appeal with the City Clerk-Treasurer within seven days of the denial.

Dedicated street and approved subdivision required. Unless a waiver is granted by the Common Council, following a recommendation from the Building Inspector, no building permit shall be issued unless the property on which the building is proposed to be built abuts a street that has been dedicated for street purposes. No building permits shall be issued until the subdivision and/or certified survey and required improvements are accepted by the Common Council.

Utilities required for residential and nonresidential buildings. No building permit shall be issued for the construction of any building until sewer, water, storm sewer, grading, streets, and curb and gutter are installed in the streets necessary to service the property for which the permit is required.

Elevations. The first-floor minimum elevation of a house shall be 18 inches above the curbline at the high side. The maximum driveway elevation shall be 12% from the flag of the curb to the threshold of the garage door.

Plans. With applications for new detached structures or additions, there shall be submitted three complete sets of plans and specifications, including a plot plan showing the location and dimensions of all buildings and improvements on the lot, both existing and proposed, dimensions of the lot, dimensions showing all setbacks of all buildings on the lot, proposed grade of the proposed structure (to City datum), grade of the lot and of the street abutting the lot, grade and setback of adjacent buildings (if adjacent lot is vacant, submit elevation of nearest buildings on the same side of the street), type of monuments at each corner of the lot, watercourses or existing drainage ditches, easements or other restrictions affecting such property, the signature of the applicant and, if necessary due to the nature of the project, a construction erosion control plan setting forth proposed information and procedures needed for control of soil erosion, surface water runoff and sediment disposition at the building site. One set of plans shall be of reduced size to facilitate copying. Plans, specifications and plot plans shall be drawn to a minimum scale of 1/4 inch to one foot (fireplace details to 3/4 inch to one foot). One set of plans shall be returned after approval as provided in this chapter. The second set shall be filed in the office of the Building Inspector. Plans for buildings involving the State Building Code for which the Building Inspector does not have plan review authority shall bear the stamp of approval of the State Department of Safety and Professional Services. 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.

[Amended 3-17-2015; 7-13-2020 by Ord. No. 2020-004]

Waiver of plans; minor repairs.

Waiver. 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.

Minor repairs. The Building Inspector may authorize minor repairs or maintenance work on any structure or to heating, ventilating or air-conditioning systems installed which are valued at less than $2,000 of fair market value as determined by the Building Inspector, which do not change the occupancy area, exterior aesthetic appearance, structural strength, fire protection, exits, lights or ventilation of the building or structure without issuance of a building permit. The Building Inspector may authorize roofing on one- and two-family dwellings, residential accessory buildings and storage sheds less than 64 square feet in floor area, attached and detached uncovered wood decks with floor surfaces less than 24 inches above adjacent grade level, and satellite dishes and antennas intended for private residential use without issuance of a building permit.

[Amended 11-12-2012]

Approval of plans.

If the Building Inspector determines that the building will comply with this Building Code and with other applicable ordinances and orders of the City, 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 written consent of the Building Inspector.

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.

Inspection of work. The qualified inspector, as certified by the Wisconsin Department of Safety and Professional Services, is hereby authorized and directed to administer and enforce all provisions of the Wisconsin Administrative Code related to his certification. The builder shall notify the Building Inspector when ready for inspections, and the Building Inspector may inspect after notification all buildings at the following states of construction:[2]

Footings and foundation (footings prior to pouring of concrete and foundations prior to pouring of concrete);

General framing, rough electrical, plumbing and heating;

Insulation; and

Completion of the structure.

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Inspection warrants. If the Building Inspector is denied access to inspect a property, he may request the City Attorney to seek an inspection warrant pursuant to § 66.0119, Wis. Stats.

Certificate of occupancy.

Inspections.

The Building Inspector shall make a final inspection of all new buildings, additions, and alterations. If no violations of this or any other ordinance be found, the Building Inspector shall issue a certificate of occupancy, stating the purpose for which the building is to be used.

No building or part thereof shall be occupied until such certificate has been issued, nor shall any building be occupied in any manner which conflicts with the conditions set forth in the certificate of occupancy. The responsible party, whether the builder and/or owner, who occupies a building before the issuance of a certificate of occupancy shall be subject to double certificate of occupancy fees, along with other penalties provided in this chapter. It shall be the responsibility of the responsible party, whether the building and/or owner, to inform building tenants of the certificate of occupancy requirement.

Use discontinued.

Whenever any building or portion thereof is being used or occupied contrary to the provisions of this chapter, the Building Inspector shall order such use or occupancy discontinued, and the building or portion thereof vacated, by notice served on any person using or causing such use or occupancy to be continued, and such person shall vacate such building or portion thereof within 10 days after receipt of the notice, or make the building or portion thereof comply with the requirements of this chapter.

Any building, structure, or premises, or any part thereof, hereafter vacated or damaged by any cause whatsoever so as to jeopardize public safety or health, shall not hereafter be occupied or used under an existing certificate of occupancy or without the same until an application has been filed and a new certificate of occupancy issued.

Change. It shall be unlawful to change the use of any building, structure, premises, or part thereof without first obtaining from the Building Inspector an approval of such change in the occupancy or use and a certificate of occupancy thereof.

Hardship. The Building Inspector shall have the authority and power to permit the occupancy of any building or structure in the City, prior to issuance of an occupancy certificate, in all such cases of hardship as, in his judgment and discretion, warrant occupancy before the final stage of completion as set forth in this chapter. Before granting such permission, the Building Inspector shall first examine the premises and determine if it is safe and sanitary.[3]

[3]

Editor's Note: Original § 15-1-2(l)(5) of the 1997 Code, which pertained to the discontinuation of a use or occupancy and immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Certificate of occupancy by Fire Chief. The Fire Chief, or his designee, shall have dual authority with the Building Inspector in the issuance of certificates of occupancy for multifamily and commercial structures, places of public assembly, and schools. All authority and power granted therein to the Building Inspector equally is herein granted to the Fire Chief for fire inspections of such buildings.

Payment of fees. All fees shall be paid to the Building Inspector or City Clerk-Treasurer. Upon presentation of the City Clerk-Treasurer's receipt showing that the fees prescribed by this chapter have been paid, the Inspector, upon entering upon the application the number of the receipt, shall issue to the owner, or his agent, a building permit.

Permit expirations. A building permit shall expire and be void unless the exterior of the building is completed within two years from the date of issuance thereof.

[Amended 5-17-2021 by Ord. No. 2021-004]

Revocation of permits.

The Building Inspector or other authorized inspectors may revoke any building, plumbing, HVAC or electrical permit, certificate of occupancy or approval issued under the regulations of this chapter and may stop construction or use of approved new materials, equipment, methods of construction, devices or appliances for any of the reasons stated in § SPS 320.11(1)(a), Wis. Adm. Code, and § 101.653(7)(b), Wis. Stats.

[Amended 5-17-2021 by Ord. No. 2021-004]

Whenever the Building Inspector shall find at any time that applicable ordinances, laws, orders, plans and specifications are not being complied with and that the holder of the permit refused to conform after written warning or instruction has been issued to him.[4]

[4]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Whenever the continuance of any construction becomes dangerous to life or property.

(c)

Whenever there is any violation of any condition or provisions of the application for permit or of the permit.

(d)

Whenever, in the opinion of the Building Inspector, there is inadequate supervision provided on the job site.

(e)

Whenever any false statement or misrepresentation has been made in the application for permit, plans, drawings, data specifications or certified lot or plot plan on which the issuance of the permit or approval was based.

(f)

Whenever there is a violation of any of the conditions of an approval or certificate of occupancy given by the Building Inspector for the use of all new materials, equipment, methods or construction devices or appliances.[5]

[5]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

The notice revoking a building, plumbing, HVAC or electrical permit, certificate of occupancy or approval shall be in writing and may be served upon the applicant of the permit, owner of the premises and his agent, if any, and on the person having charge of construction.[6]

[6]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

A revocation placard shall also be posted upon the building, structure, equipment or premises in question by the Building Inspector.

After the notice is served upon the persons as aforesaid 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, and 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 the regulations of this chapter. However, such work as the Building Inspector may order as a condition precedent to the reissuance of the building permit may be performed, or such work as he may require for the preservation of life and safety.

Report of violations. City 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.

§ 203-3 Uniform Dwelling Code.

State code adopted. The Administrative Code provisions describing and defining regulations with respect to one- and two-family dwellings in Chs. SPS 320 through 325, Wis. Adm. Code, and Ch. 328, Wis. Adm. Code, and Ch. SPS 327, Wis. Adm. Code, with respect to camping units, are hereby adopted and by reference made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by an Administrative Code provision incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the Administrative Code provisions incorporated herein are intended to be made part of this chapter to secure uniform statewide regulation of one- and two-family dwellings in the City of Brodhead. A copy of these Administrative Code provisions and any future amendments shall be kept on file in the Building Inspector's office.

[Amended 2-14-2011; 5-17-2021 by Ord. No. 2021-004]

Existing buildings. The "Wisconsin Uniform Dwelling Code" shall also apply to buildings and conditions where:

An existing building is to be occupied as a one- or two-family dwelling, which building was not previously so occupied.

An existing structure that is altered or repaired, when the cost of such alteration or repair during the life of the structure exceeds 50% of the equalized value of the structure, said value to be determined by the Building Inspector.

Additions and alterations, regardless of cost, made to an existing building when deemed necessary in the opinion of the Building Inspector shall comply with the requirements of this chapter for new buildings. The provisions of § 203-2 shall also apply.

Roof coverings. Whenever more than 25% of the roof covering of a building is replaced in any twelve-month period, all roof covering shall be in conformity with applicable sections of this chapter.

Additions and alterations. Any addition or alteration, regardless of cost, made to a building shall be made in conformity with applicable sections of this chapter.

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

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 Department of Safety and Professional Services.[1]

DWELLING

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

ONE- OR TWO-FAMILY DWELLING

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 or replacement 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.

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:

[Amended 2-14-2011]

Chapter SPS 320, Administration and Enforcement.

Chapter SPS 321, Construction Standards.

Chapter SPS 322, Energy Conservation.

Chapter SPS 323, Heating, Ventilating and Air Conditioning.

Chapter SPS 324, Electrical Standards.

(6)

Chapter SPS 325, Plumbing.

(7)

Chapter SPS 328, Smoke Detectors and Carbon Monoxide Detectors.

(8)

Chapter SPS 366, Existing Buildings.

(9)

ICC/ANSI A117.1-2003, Accessible and Usable Buildings and Facilities.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Method of enforcement.

Certification. The Building Inspector shall be certified for inspection purposes by the Department in each of the categories specified under § SPS 305.63, Dwelling inspectors, Wis. Adm. Code.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Duties. The Building Inspector shall administer and enforce all provisions of this chapter and the Uniform Dwelling Code.

Inspection powers. The Building Inspector or an authorized certified agent may at all reasonable hours enter upon any public or private premises for inspection purposes and may require the production of the permit for any building, plumbing, electrical or heating work. No person shall interfere with or refuse to permit access to any such premises to the Building Inspector or his agent while in performance of his duties.

Records. The Building Inspector shall perform all administrative tasks required by the Department under the Uniform Dwelling Code. In addition, the Inspector shall keep a record of all applications for building permits in a book for such purpose and shall regularly number each permit in the order of its issue. Also, a record showing the number, description and size of all buildings erected indicating the kind of materials used and the cost of each building and aggregate cost of all one- and two-family dwellings shall be kept. The Building Inspector shall make a written annual report to the Common Council relative to these matters.

§ 203-4 Commercial building construction.

[Amended 10-21-2019 by Ord. No. 2019-012; 7-13-2020 by Ord. No. 2020-004]

Scope. The scope of this section includes construction and inspection of all commercial buildings and alterations thereto, including the review of plans for the construction of new commercial buildings of 50,000 cubic feet or less and plans for the remodeling of commercial buildings of 100,000 cubic feet or less.

Commercial building codes adopted. The following Wisconsin Administrative Codes, their referenced codes and standards and subsequent revisions are adopted for municipal enforcement by the Building Inspector:

Ch. SPS 302	Fee schedule
Chs. SPS 360-366	Wisconsin Commercial Building Code
Chs. SPS 375-379	Buildings Constructed Prior to 1914 Code

Building Inspector. The Building Inspector shall administer and enforce the requirements of this section. The Building Inspector or his/her designees shall be certified by the Wisconsin Division of Industry Services for commercial construction inspection. Additionally, the Building Inspector or other assistant inspectors shall possess the certification categories of UDC and commercial HVAC, plumbing and electrical.

Building permit required. No person shall build, alter or add to any commercial building within the scope of this section without first obtaining a building permit from the Building Inspector.

Petition for variance. Petitions for variances to a provision of Wis. Adm. Code, Chs. SPS 361 through 366 or SPS 375 through 379, may be filed with the State of Wisconsin Department of Professional Services. The Department shall consider and may grant a variance in accordance with Wis. Adm. Code, Ch. SPS 303.

The Building Inspector shall keep a log of all inspections completed.

§ 203-5 Electrical standards.

[Amended 7-13-2020 by Ord. No. 2020-004]

State Electrical Code adopted.

Chapter SPS 324, Wis. Adm. Code, is hereby adopted by reference and made a part of this chapter and shall apply to the construction and inspection of new one- and two-family dwellings and additions or modifications to existing one- and two-family dwellings.

Subject to the exceptions set forth in this chapter, the Electrical Code, Volume 1, and Rules of Electrical Code, Volume 2, of the Wisconsin Administrative Code, are hereby adopted by reference and made a part of this chapter and shall apply to all buildings except those covered in Subsection A(1) above.

Chapter SPS 316, Wis. Adm. Code, is hereby adopted by reference and made a part of this chapter and shall apply to the construction and inspection of all structures as well as additions or modifications to existing structures.

Any amendments, revisions and modifications of said Wisconsin Administrative Code referenced in this subsection are intended to be made a part of this chapter.

Code compliance. Except as otherwise provided by this chapter, all installations of electrical equipment shall conform to and comply with the State Electrical Code, the Wisconsin Statutes, this chapter and any orders, rules and regulations issued by authority thereof and with approved electrical standards for safety to persons and property. Where no specific standards for safety are prescribed by this chapter or by the State Electrical Code, conformity with the regulations set forth in the National Electrical Code and in the National Electrical Safety Code shall be prima facie evidence of conformity with approved standards for safety to persons and property.

Permit required.

Before any electrical wires or electrical apparatus shall be installed for lighting or power purposes, or any electrical construction work done, except minor repair work, a permit therefor shall be obtained from the Electrical Inspector by a licensed electrician. No permit shall be issued unless satisfactory proof is furnished to the Electrical Inspector upon his request that the applicant has been employed to perform the work or installation and will be responsible for the performance thereof in the manner required by ordinance and by law, nor unless proof be submitted that the applicant has paid to the City the fees herein required. The application for such permit shall be on a form furnished by the Electrical 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.

"Minor repair work" shall be construed to mean the replacement of broken or defective sockets, snap, push or toggle switches, convenience outlets and portable electrical appliances.

A permit shall be required for the installation of any outlet and any electrical wiring for use on any circuit, including wiring for so-called low-voltage wiring for control of heating, ventilating, cooling, lighting, signal and communication equipment, excepting signal systems operated by and/or in conjunction with communication systems installed and maintained by a public utility.

Electrical inspections.

It shall be unlawful to connect the electrical wirings and equipment of any building to any electrical supply lines or to turn on the current, unless a certificate of inspection has been issued by the Electrical Inspector, and it shall be the duty of the electrical utility supplying service to any building to secure a copy of the certificate of inspection from the Electrical Inspector before supplying service to such building.

Upon the completion of the construction and installation of the electrical wiring and equipment of any building, it shall be the duty of the firm, person or corporation doing the same to notify the Electrical Inspector, who shall inspect the installation within 48 hours of the time such notice is given. If the installation is found to be in compliance with the provisions of this chapter, the Inspector shall issue a certificate of inspection authorizing connection to the electrical service and the turning on of the current. All wires which are to be concealed shall be inspected before the concealment, and no other craft shall cover up or conceal such wires until the installation has been inspected and approved and officially tagged to this effect by the Electrical Inspector.

No certificate of inspection shall be issued by the Electrical Inspector unless the electrical wiring and equipment for light, power, heat or other similar purposes is safe both with respect to life and fire hazard and is in strict conformity with the ordinances of the City, the statutes of the state and the general or special orders of the State of Wisconsin adopted under authority of the statutes.

§ 203-6 Plumbing standards.

[Amended 7-13-2020 by Ord. No. 2020-004]

State Plumbing Code adopted. The provisions and regulations of Ch. 145, Wis. Stats., and Chs. SPS 381, 382, 383 and 325, Wis. Adm. Code, are hereby made a part of this chapter by reference and shall extend over and govern the installation of all plumbing installed, altered or repaired in the City. Any further amendments, revisions and modifications of said Wisconsin Statutes and Wisconsin Administrative Code herein are intended to be made a part of this chapter.

All plumbing installations to be inspected.

All plumbing to be inspected. All plumbing systems or installations within the boundaries of the City and those connecting with the City water or sewerage system beyond the boundaries are subject to inspection as required in this chapter.

System of inspection. Whenever any work is ready for inspection, the Plumbing Inspector shall be notified by the plumber in charge of persons receiving permit, as directed by the Plumbing Inspector, specifying the street and number when possible and the permit number under which the work is being done. Unless otherwise especially permitted by the Inspector, all work, either plumbing, water supply piping, house sewers or drains, shall be left uncovered for examination until examined and approved by the Inspector. When necessary, the Inspector shall notify the plumber in charge or the owner of the property at what time the inspection will be made. The plumber in charge shall make such arrangements as will enable the Inspector to reach all parts of the building readily and shall have present the proper apparatus and appliances for making the test and performance of plumbing work. Failure to respond promptly to official communications shall be deemed a sufficient reason for withholding permits, and the plumber shall be held responsible for the violation of these regulations by himself or any of his employees.

Responsibility of property owners for repairs. Repairs of any drainage or waste pipe carrying domestic sewage from outside the foundation walls of any building or structure to and including the connection with the "Y" in the sewer main, including private domestic sewage treatment and disposal systems, such as stoppage of leaks in supply or waste pipes, clearing stoppages in waste pipes and repairing valves or faucets in the drainage or waste pipe, shall be the sole responsibility of the property owner, except that, in the event such leak or stoppage or defective valve or faucet is located between the "Y" (including its connection with the "Y") in the sewer main and the end of the sewer service lateral to the curb or other disposal terminal, then the City shall be responsible for such repairs but shall charge the cost of such repairs to the property owner.

Plumbing Inspector to have supervision of sewers. All sewer service laterals will be under the supervision of the Plumbing Inspector, and no sewer service lateral shall be laid and no opening into or connection with a sewer service lateral shall be made, except under his direction and supervision.

Permit to connect with public sewer system.

Permit required. No person, firm or corporation shall open any street, alley or public place for the purpose of connecting to a sewer lateral or other terminal, lay any house sewer or drain pipe or make any attachment or extension to any old drain or house sewer, or do any kind of work whatsoever in connection with any public or private sewer inside or outside of any building, except repairs, without first obtaining from the Plumbing Inspector a written permit to connect with the public sewer system.

Application for permit. Such permit shall be granted only upon written application by a licensed master plumber, authorized by the owner or agent of the premises desiring to make such connection, extension or alteration, stating the name of the owner and that he and such master plumber will be bound by and be subject to all the rules and regulations prescribed by the Plumbing Inspector and Common Council, and giving the exact location of the premises, stating the purpose for which the connection, extension or alteration is to be used and the time when the work is to be done, and all other particulars in respect thereto.

Permit required before laying drains. No work of laying house sewers or storm drains that are on the premises and in the hands of a master plumber or one employed by him shall be commenced or continued without the required permit to connect with the public sewer, which shall be issued by the Plumbing Inspector.

§ 203-7 New methods and materials. [1]

All materials, methods of construction and devices designed 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 State Department of Safety and Professional Services for use in buildings or structures covered by the Wisconsin State 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, 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 Safety and Professional Services. The data, test and other evidence necessary to prove the merits of such material, method of construction or device shall be determined by the State Department of Safety and Professional Services.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 203-8 Unsafe buildings.

Whenever the Common Council, upon the inspection and report of the Building Inspector or other authorized inspector, finds any building or part thereof within the City to be, in its judgment, so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human occupancy or use and so that it would be unreasonable to repair the same, the Council may 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. The Council shall give specific reasons for its determination. Such order and proceedings shall be as provided in § 66.0413, Wis. Stats.

§ 203-9 Disclaimer on inspections.

The purpose of the inspections under this chapter is to improve the quality of housing in the City. The inspections and the reports and findings issued after the inspections are not intended as, nor are they to be construed as, a guarantee. In order to so advise owners and other interested persons, the following disclaimer shall be applicable to all inspections: "These findings of inspection contained herein are intended to report conditions of noncompliance with code standards that are readily apparent at the time of inspection. The inspection does not involve a detailed examination of the mechanical systems or the closed structural and nonstructural elements of the building and premises. No warranty of the operation, use or durability of equipment and materials not specifically cited herein is expressed or implied."

§ 203-10 Garages.

Attached garages.

An "attached garage" is one that is constructed as an integral part of the house or is in the basement of the house. All such attached garages shall be subject to the rules, regulations and restrictions relative to the distance from the side and rear lot lines which apply to the house proper. Framing of an attached garage shall be consistent with that of the dwelling it is a part. This shall include carports.

Where a private garage is part of a building having habitable rooms over such garage, there shall be provided a horizontal and vertical separation between the two occupancies of not less than two-hour fire-resistive construction, except that, in lieu thereof, the spaces between the joists and studs of the floor and wall shall be filled with approved noncombustible material four inches in thickness and protected with one-hour fire-resistive construction.

Detached garages.

A "detached garage" is one which lies back of the rearmost part of the house and may be erected within three feet of the regular and side lot lines. This distance is measured from the foundation of the building, but such building must be so constructed that no water from roof overhangs will fall on other property.

Garages of wood frame construction shall be located not less than 10 feet from any residence building, except that such distance may be reduced to not less than five feet when the interior walls of such garage adjacent to a residence building are protected with not less than one-hour fire-resistive construction.

Garages of masonry wall construction shall not be located less than five feet from any residence building.[1]

Editor's Note: Original § 15-1-10(c), Garage size, of the 1997 Code, which immediately followed this subsection, was repealed 11-17-2014.

Structural requirements.

Bottom of footings of unattached garages shall be not less than 18 inches below grade, except that an unattached frame garage may be built on a four-inch-thick concrete slab, reinforced with wire mesh weighing not less than 40 pounds per 100 square feet or equivalent reinforcing, with a thickened edge.

Bolts 3/8 inch in diameter with nuts and washers attached, six inches long, shall be embedded four inches in the concrete curb of detached garages eight feet on centers.

Any garage built as an integral part of a house shall have the bottoms of the footings not less than four feet below grade.

Masonry garages shall have the wall and foundation requirements the same as for a one-story frame house.

In unattached garages, studs may be two-by-fours placed two feet on center maximum. Doubling of studs is not required on jamb openings less than three feet six inches wide.

(6)

Sheathing.

Sheathing and building paper may be omitted, except in no case shall a beveled lap siding be used without sheathing under it. When vertical siding or lap siding is used, brace shall be installed at all external corners, consisting of one-by-fours let into the outside face of the studs, corner post, sill and plate, set at an angle of 45° and extending from the bottom of the sill to the top of the plate and nailed at each bearing.

When matched horizontal siding is used without sheathing, there shall be not less than two nails per board in each stud.

(7)

Corner posts may be two two-by-four or one four-by-four.

(8)

Top plates may be single, provided rafters occur over studs.

(9)

Rafter ties; partitions.

Rafter ties at eaves may be two-by-fours, maximum spacing of six feet center to center.

On all attached garages and carports, there shall be a partition between the garage or carport and the dwelling extended in such a manner as to completely separate the dwelling and the garage or carport, said partition consisting of 5/8 inch of plaster on metal lath or perforated gypsum being the one-hour fire-resistant type of one-half-inch sheet rock. Any doors between the garage or carport and dwelling shall be of the flush door type with a minimum thickness of 1 3/8 inches.

(10)

In any case where a garage door opening measures 15 feet or more in width, except when it is located in a gable end or other nonbearing wall, the header shall consist of two two-by-twelves bolted together with either a wide flange steel H-beam 10 by 5 3/4 inches weighing 21 pounds per foot, ten-inch steel I-beam or ten-inch steel channel, each weighing 25 pounds per foot, or one-fourth-inch by ten-inch steel plate, its length to be approximately 12 inches longer than the width of the opening. This requirement shall not be construed to eliminate other types of beams or supports, providing sufficient engineering data is supplied at the request of the Building Inspector.

§ 203-11 Razing buildings.

No building within the City of Brodhead shall be razed without a permit from the Building Inspector. A snow fence or other approved barricade shall be provided as soon as any portion of the building is removed and shall remain during razing operations. After all razing operations have been completed, the foundation shall be filled at least one foot above the adjacent grade, the property raked clean, and all debris hauled away. Razing permits shall lapse and be void unless the work authorized thereby is commenced within six months from the date thereof or completed within 30 days from the date of commencement of said work. Any unfinished portion of work remaining beyond the required 30 days must have special approval from the Building Inspector.

All debris must be hauled away at the end of each week for the work that was done during that week. No combustible material shall be used for backfill, but shall be hauled away. There shall not be any burning of materials on the site of the razed building. If any razing or removal operation under this section results in, or would likely result in, an excessive amount of dust particles in the air creating a nuisance in the vicinity thereof, the permittee shall take all necessary steps, by use of water spraying or other appropriate means, to eliminate such nuisance. The permittee shall take all necessary steps, prior to the razing of a building, through the employment of a qualified person in the field of pest control or by other appropriate means, to treat the building as to prevent the spread and migration of rodents and insects therefrom during and after the razing operations.

§ 203-12 Basements; excavations.

Basement subflooring. First-floor subflooring shall be completed within 45 days after the basement is excavated.

Fencing of excavations. The owner of any premises on which there exists an opening or excavation after 45 days as to constitute a hazard to pedestrian or vehicular traffic shall erect a fence, wall or railing at least four feet high between such opening or excavation and the public right-of-way.

Closing of abandoned excavations. Any excavation for building purposes or any uncovered foundation which shall remain open for more than 45 days shall be deemed abandoned and a nuisance, and the Building Inspector shall order that unless the erection of the building or structure on the excavation or foundation shall commence or continue forthwith, suitable safeguards shall be provided to prevent accidental injury to children or other frequenters or that the excavation or foundation be filled to grade. Such order shall be served upon the owner of record or the owner's agent, where an agent is in charge of the premises, and upon the holder of an encumbrance of record in the manner provided for service of a summons in the Circuit Court. If the owner or the holder of an encumbrance of record cannot be found, the order may be served by posting it on the premises and make publication in the official newspaper for two consecutive publications at least 10 days before the time for compliance stated in the order commences to run. Such time shall be not less than 14 nor more than 20 days after service. If the owner of the land fails to comply with the order within the time required, the Building Inspector shall cause the excavation or foundation to be filled to grade. The cost of such abatement shall be charged against the real estate and entered on the next succeeding tax roll as a special charge and shall bear interest at a rate established by the Common Council from the date of the report by the Building Inspector on the cost thereof, pursuant to the provisions of § 66.0627, Wis. Stats.

Vacant buildings. Whenever any building or structure is vacant and the doors and windows or any part thereof have been removed or opened, leaving the interior of such building or structure exposed to the elements and accessible to trespassers, then such building or structure shall be deemed to be dangerous, unsafe, and a menace to public safety. The Building Inspector shall give the owner thereof written notice to secure said building or structure and comply with City Code requirements within 30 days of the date of said notice. Failure to comply with said written notice shall be sufficient grounds for the Building Inspector to condemn and raze said building or structure in accordance with the applicable provisions of § 66.0413(2)(a), Wis. Stats.

§ 203-13 Discharge of clear waters.

Discharge. No person shall cause, allow or permit any roof drain, surface drain, subsoil drain, drain from any mechanical device, gutter, ditch, pipe, conduit, sump pump or any other object or thing used for the purposes of collecting, conducting, transporting, diverting, draining or discharging clear water from any part of any private premises owned or occupied by said person to discharge into a sanitary sewer.

Nuisance. The discharge into a sanitary sewer from any roof drain, surface drain, subsoil drain, drain from any mechanical device, gutter, ditch, pipe, conduit, sump pump or any other object or thing used for the purposes of collecting, conducting, transporting, diverting, draining or discharging clear water from any part of any private premises is hereby declared to be a public nuisance and a hazard to the health, safety and well-being of the residents of the City and to the protection of the property.

Groundwater. Where deemed necessary by the Building Inspector, every house shall have a sump pump installed for the purpose of discharging clear waters from foundation drains and ground infiltration and where the building is not serviced by a storm sewer shall either discharge into an underground conduit leading to a drainage ditch, gutter, dry well or shall discharge onto the ground surface in such other manner as will not constitute a nuisance as defined herein.

Stormwater. All roof drains, surface drains, drains from any mechanical device, gutters, pipe, conduits or any other objects or things used for the purpose of collecting, conducting, transporting, diverting, draining or discharging stormwaters shall be discharged either to a storm sewer, a dry well, an underground conduit leading to a drainage ditch or onto the ground surface in such other manner as will not constitute a nuisance as defined herein.

Storm sewer lateral. Where municipal storm sewers are provided and it is deemed necessary by the property owner and/or the City to discharge clear waters from a parcel of land, a storm sewer lateral shall be installed and connected to the storm sewer main at the expense of the owner.

Conducting tests. If the Building Inspector or his designated agent suspects an illegal clear water discharge as defined by this chapter or by any other applicable provision of the Wisconsin Administrative Code, as it may, from time to time, be amended, he may, upon reasonable notice and at reasonable times, enter the private premises where such illegal clear water discharge is suspected and conduct appropriate tests to determine whether such suspected illegal clear water discharge actually exists.

§ 203-14 Moving of buildings and structures.

General requirements.

No person shall move any building or structure upon any of the public ways of the City of Brodhead without first obtaining a permit therefor from the Building Inspector and upon the payment of the required fee. Every such permit issued by the Building Inspector for the moving of a building shall designate the route to be taken, the conditions to be complied with and shall limit the time during which said moving operations shall be continued.

A report shall be made by City employees with regard to possible damage to trees. The estimated cost of trimming, removal and replacement of public trees, as determined by the City, shall be paid to the Building Inspector prior to issuance of the moving permit.

Issuance of moving permit shall further be conditioned on approval of the moving route by the Common Council.

Continuous movement. The movement of buildings shall be a continuous operation during all the hours of the day and at night, until such movement is fully completed. All such operations shall be performed with the least possible obstruction to thoroughfares. No building shall be allowed to remain overnight upon any street crossing or intersection or so near thereto as to prevent easy access to any fire hydrant or any other public facility. Lights shall be kept in conspicuous places at each end of the building during the night.

Street repair. Every person receiving a permit to move a building shall, within one day after said building reaches its destination, report that fact to the Building Inspector, who shall inspect the streets, highways and curbs and gutters over which said building has been moved and ascertain their condition. If the removal of said building has caused any damage to any street or highway, the person to whom the permit was issued shall forthwith place them in as good repair as they were before the permit was granted. On the failure of the said permittee to do so within 10 days thereafter to the satisfaction of the Common Council, the City shall repair the damage done to such streets and hold the person obtaining such permit and the sureties on his bond responsible for the payment of same.

Conformance with code. No permit shall be issued to move a building within or into the City and to establish it upon a location within the said City until the Building Inspector has made an investigation of such building at the location from which it is to be moved and is satisfied from such investigation that said building is in a sound and stable condition and of such construction that it will meet the requirements of this Building Code in all respects. A complete plan of all further repairs, improvements and remodeling with reference to such building shall be submitted to the Building Inspector, and he shall make a finding of fact to the effect that all such repairs, improvements and remodeling are in conformity with the requirements of this Building Code and that, when the same are completed, the building as such will so comply with said Building Code. In the event a building is to be moved from the City to some point outside the boundaries thereof, the provisions with respect to the furnishing of plans and specifications for proposed alterations to such building may be disregarded.

Bond.

Before a permit is issued to move any building over any public way in the City, the party applying therefor shall give a bond to the City of Brodhead in a sum to be fixed by the Building Inspector and which shall not be less than $5,000, said bond to be executed by a corporate surety or two personal sureties to be approved by the Common Council or designated agent, conditioned upon, among other things, the indemnification to the City for any costs or expenses incurred by it in connection with any claims for damages to any persons or property and the payment of any judgment, together with the costs and expenses incurred by the City in connection therewith, arising out of the removal of the building for which the permit is issued.

Unless the Building Inspector, upon investigation, shall find it to be a fact that the excavation exposed by the removal of such building from its foundation shall not be so close to a public thoroughfare as to permit the accidental falling therein of travelers or the location, nature and physical characteristics of the premises and the exposed excavation such as to make intrusion upon the premises and the falling into such excavation of children under 12 years of age unlikely, the bond required by Subsection E(1) shall be further conditioned upon the permittee erecting adequate barriers and, within 48 hours, filling in such excavation or adopting and employing such other means, devices or methods approved by the Building Inspector and reasonably adopted or calculated to prevent the occurrences set forth herein.

Insurance. The Building Inspector shall require, in addition to the said bond above indicated, public liability insurance covering injury to one person in the sum of not less than $100,000 and for one accident in a sum not less than $200,000, together with property damage insurance in a sum not less than $50,000, or such other coverage as deemed necessary.

§ 203-15 Fire limits.

The boundary lines for the construction limits of the City of Brodhead which redefined construction limits are as follows, to wit: Blocks 87, 88, 99, 100, 101 and 109.

Henceforth, after October 2, 1985, requirements as they related to fire limits shall apply only to the above-described construction limits in the City of Brodhead.

§ 203-16 Fees.

Building Code fees. Fees for building, electrical, plumbing, HVAC and other related permits shall be as established by resolution of the Common Council.

Double fees. If a required permit is not obtained prior to commencement of construction, fees shall be doubled.

§ 203-17 Severability.

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.

§ 203-18 Violations and penalties; notice of violation; appeals; liability.

Any building or structure hereafter erected, enlarged, altered or repaired 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 or other authorized inspectors shall promptly report all such violations to the Common Council and City 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 of buildings in violation of this chapter or to cause such building, structure or use to be removed, and such violation may also be subject to a penalty as provided in the general penalty provisions of the Code of the City of Brodhead. 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 or other City officials 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.

Notice of violation.

If an inspection reveals a noncompliance with this chapter or the Uniform Dwelling Code, the Building Inspector shall notify the applicant and the owner, in writing, of the violation to be corrected. All cited violations shall be corrected within 30 days after written notification, unless an extension of time is granted pursuant to § SPS 320.21(3), Wis. Adm. Code.

If, after written notification, the violation is not corrected within 30 days, a stop-work order may be served on the owner or his or her representative, and a copy thereof shall be posted at the construction site. Such stop-work order shall not be removed except by written notice of the Building Inspector after satisfactory evidence has been supplied that the cited violation has been corrected.

Each day each violation continues after the thirty-day written notice period has run shall constitute a separate offense. Nothing in this chapter shall preclude the City from maintaining any appropriate action to prevent or remove a violation of any provision of this chapter or the Uniform Dwelling Code.