[HISTORY: Adopted by the Village Board of the Village of
Hobart as §§ 4.0 and 3.818 of the 2000 Code. Amendments
noted where applicable.]
The purpose of this chapter is to establish uniform construction
standards and inspection procedures for buildings and structures erected
and altered within the Village.
[Amended 4-3-2019 by Ord.
No. 2019-06]
A.
Chapters SPS 320, 321, 322, 323, 324, 325, the State Uniform Dwelling
Code and all referenced codes and amendments thereto are adopted and
incorporated into this Code by reference.
(1)
The following shall apply to all additions and alterations to one-
and two-family dwellings where initial construction and/or construction
permits were issued before June 1, 1980:
(a)
Chapter SPS 320, § 320.07 (Definitions), and § 320.24
(Adoption of Industry Standards).
(b)
Chapter SPS 321.
(c)
Chapters SPS 322 (Energy Conservation), SPS 323 (HVAC), SPS
324 (Electrical), and SPS 325 (Plumbing), shall apply to new additions.
Alterations to elements governed by the referenced codes in homes
built prior to June 1, 1980 shall comply to the fullest extent practicable
when walls, floors and ceilings are open and reasonably accessible.
(2)
Accessory structures, storage buildings and other structures built in association with one- and two-family dwellings shall also comply with Subsection A(1) with the following exceptions:
(a)
Utility storage buildings as defined in Chapter 295, Zoning, may be erected without a foundation if anchored in a manner approved by the Zoning Administrator/Building Inspector.
(b)
Detached garages and storage buildings of frame construction
may be built on a continuous floating slab of reinforced concrete
not less than four inches in thickness. Reinforcement shall be a minimum
of six inches by six inches No. 10x10 welded wire mesh. The slab shall
be provided with a thickened edge all around, eight inches wide and
eight inches below the top of the slab. Anchor bolts 3/8 inch in diameter
with nuts and washers attached shall be embedded a minimum of four
inches below the finished surface of the slab and no closer than two
inches to the bottom of the thickened edge, spaced in compliance with § SPS
321.18. Detached garages and storage buildings built with foundation
walls or piers shall have walls or piers as required by § SPS
321.18 of the Wisconsin Administrative Code.
B.
Chapters SPS 360-366, the Wisconsin Commercial Building and HVAC
Code and all referenced codes and amendments thereto are adopted and
incorporated into this code by reference.
C.
Chapter SPS 316, the Wisconsin Electric Code and all referenced codes
and amendments thereto are adopted and incorporated into this code
by reference.
D.
Chapters SPS 381-387, the Wisconsin Plumbing Code and all referenced
codes and amendments thereto are adopted and incorporated into this
code by reference.
(1)
In buildings and structures connected to the municipal sanitary sewerage
system, where plumbing fixtures exist below road grade, backwater
valves shall be installed in the building sanitary drain system as
a prevention to keep backwater from flooding the area of the building
below road grade.
(2)
Sanitary and storm sewers serving private or public property which
are removed from service shall be uncovered at the property line adjacent
to the utility easement or to the right-of-way in which the sewer
connects to a main and sealed against infiltration into the public
sewer system. Existing sanitary or storm sewers serving private or
public property that are going to be reactivated within one year and
meet the plumbing code requirements may be temporarily sealed at any
point on the property approved by the Zoning Administrator/Building
Inspector. Sealing of sewers shall be permitted and inspected before
covering and/or commencing demolition of any building.
(3)
Water services serving private or public property which are removed
from service shall be uncovered at the property line adjacent to the
utility easement or to the right-of-way in which the water service
connects to a main and capped to prevent leakage or contamination
of city water supply by backflow or siphonage. Existing water services
serving private or public property that are going to be reactivated
within one year and meet the plumbing code requirements may be temporarily
capped at any point on the property accepted by the Zoning Administrator/Building
Inspector. Capping of water services shall be permitted and inspected
before covering and/or commencing demolition of any building.
(4)
Building clear water, stormwater and foundation drainage systems
shall discharge in accordance with the following:
(a)
Shall drain in compliance with any approved stormwater management
plan when applicable.
(b)
Shall flow to the municipal stormwater system when available.
(c)
Shall utilize natural topography and land cover features such
as natural swales, natural depressions, native soil infiltrating capacity,
and natural groundwater recharge areas.
(d)
Shall not discharge closer than 20 feet of a property line except
when connecting to a municipal stormwater system. Existing building
clear water, stormwater and foundation drainage systems not in compliance
with this provision on March 19, 2013 shall be brought into compliance
with this section upon notice by the Village.
(e)
The size, type and installation of all laterals proposed to
be constructed shall be in accordance with plans and specifications
approved by the Department of Neighborhood Services.
(f)
The property owner shall be responsible for any maintenance
to facilities covered in this section if drained into a municipal
stormwater system. The Village is not responsible for any damage to
said facilities when placed in the right-of-way or Village-owned easements
or facilities.
E.
Chapter SPS 305, §§ 305.30-305.999, the Wisconsin
Licenses, Certifications and Registrations Code, and all amendments
thereto are adopted and incorporated into this code by reference.
F.
Modification of regulations. When there are practical difficulties
involved in carrying out provisions of this chapter or of an approved
rule, the Director of Neighborhood Services may vary or modify such
provision upon application of the owner or his representative, provided
that the spirit and intent of this chapter shall be observed and public
welfare and safety shall be ensured. The application for modification
and the final decision of the Director of Neighborhood Services shall
be in writing and shall be officially recorded with the permanent
application for the permit in the permanent records of the Village
property files.
G.
Septic and solid waste collection receptacles required. The property
owner(s) and/or duly appointed agent(s) representing said owner(s)
for any property upon which a new residential dwelling or nonresidential
building is to be constructed shall provide temporary on-site septic,
i.e., portable toilet, and solid waste containers, e.g., dumpster,
for the temporary storage of waste during and subsequent removal of
waste after building construction has been completed. Said containers
shall be installed prior to commencement of construction, maintained
in working condition and capacity throughout the duration of all construction
activities, and be removed from the property not later than 10 days
after the date the Zoning Administrator/Building Inspector has completed
final inspection.
A.
Building permit required.
(1)
No building or structure or any part thereof shall hereafter be moved,
built, enlarged, altered, or demolished within the Village, except
as hereinafter provided, unless a permit therefor shall first be obtained
by the owner, or his agent, from the Village. All work which affects
the occupancy, area, structural strength, fire protection, exits,
light, or ventilation of the building, requires a building permit.
(2)
Application for a building permit for a structure intended for human
occupancy on lands not served by public, municipal sewer shall be
approved only if said application is accompanied by a valid holding
tank permit or a valid septic tank permit. Validity of holding tank
permit or septic tank permit shall be based on state statutes or county
ordinances where appropriate.
(3)
Application for a building permit for any structure shall require
approval of the road offering access to said structure, whether said
structure is erected on public roads or private roads.
B.
HVAC permit required.
(1)
No heating, ventilating, or air-conditioning system, or a part of
a system shall hereafter be constructed, installed, erected, altered
or unless a permit therefor shall first be obtained by the owner,
or his agent, from the Village.
C.
Electrical permit required.
(1)
No electrical equipment shall be installed, altered, renewed, replaced
or connected unless a permit therefor shall first be obtained by the
owner, or his agent, from the Village.
(2)
Exceptions.
(a)
No permit shall be required for low-voltage installations in
one- and two-family dwellings.
(b)
No permit shall be required for the reconnection of existing
power supplies to replacement heating plants, water heaters and other
appliances.
(c)
No permit shall be required for the repair, removal, disturbance
or disconnection of any existing electrical equipment or the renewal
or replacement of any existing lighting, switches, sockets, or receptacles.
(d)
No permit shall be required for minor repairs or alterations
to any electrical distribution system which does not, in the opinion
of the Zoning Administrator/Building Inspector, involve any changes
in the electrical distribution of the building.
D.
E.
Building permit fee. The building permit fee shall be paid to the
Village Clerk-Treasurer and shall be in an amount as established by
the Village Board by resolution, a schedule of which fees shall be
published by the Village Board and available at the office of the
Village Clerk-Treasurer.
Application for a permit shall be made in writing to the Village
providing all information necessary to reasonably determine the proposed
project complies with all applicable codes.
A.
With such permit application, there shall be submitted two complete
sets of plans and specifications, including a plot plan showing the
location of the proposed building with respect to adjoining property
lines, buildings and rights-of-way. All plans shall be drawn using
commonly accepted architectural or engineering scales. Drawings that
do not show all necessary details to enable the Village to reasonably
inspect the same shall be rejected.
B.
Exception. If, in the opinion of the Zoning Administrator/Building
Inspector, the character of the work is sufficiently described in
the application, the filing of plans may be waived.
After being approved, the plans and specifications shall not
be altered in any respect which involves any ordinances, laws or orders,
or which involves the safety of the building, except with the written
consent of the Zoning Administrator/Building Inspector.
With every building permit issued, the Zoning Administrator/Building
Inspector shall issue to the applicant a placard signifying the required
permit has been secured. It shall be the duty of such applicant to
place such card in a conspicuous place on the premises. The placard
shall be unobstructed from public view and shall be located not more
than 15 feet above grade. It shall also be the duty of the applicant
to take appropriate measures to prevent the card from being destroyed
by the weather.
A.
Permits shall have lapsed and be void unless building operations
are commenced within six months from the date thereof.
B.
Permits for building shall lapse and be void from and after 12 months
from the date of issuance, except for projects where the applicant
advises the Zoning Administrator/Building Inspector the permitted
project will exceed 12 months in duration. In such case, the applicant
shall advise the Zoning Administrator/Building Inspector of the estimated
completion date, which then will become the expiration date.[1]
If the Zoning Administrator/Building Inspector shall find at
any time that the ordinance, laws, orders, plans and specifications
are not being complied with, he shall revoke the permit by written
notice posted at the site of the work or mailed to the permit applicant.
When any such permit is revoked it shall be unlawful to do any further
work upon such building until the permit is reissued, excepting such
work as the Zoning Administrator/Building Inspector shall order to
be done as a condition precedent to the reissuance of the permit.
A.
The permit applicant or an authorized representative shall, in writing
or orally, request inspections of the following applicable phases
of any building or structure:
(1)
Footings. After the placement of forms, shoring, and reinforcement,
where required, and prior to the placement of concrete.
(2)
Foundation backfill. After the placement, installation of drain tiles,
stone covering drain tiles, waterproofing, exterior insulation if
required, prior to backfilling.
(3)
Interior drain tiles, stone and vapor barrier. After placement and
prior to covering.
(4)
Electric service installations. After installation and prior to energizing.
(5)
Buried installations. After the placement of plumbing, HVAC and electric
installations (including, but not limited to, water service laterals,
storm sewer laterals, sanitary sewer laterals, underground plumbing,
underground electrical distribution, and underground HVAC ducting)
and prior to covering or enclosing in any manner.
(6)
Rough inspection of general construction including framing, electric,
HVAC and plumbing after completion of this phase and prior to installing
insulation.
(7)
Insulation and vapor barrier. After placement and prior to covering.
(8)
Final inspection after completion of all code requirements and prior
to occupancy to determine compliance with all requirements of this
code and terms of the permit.
B.
Notice of compliance or noncompliance shall be posted at the site.
Upon finding noncompliance, the Zoning Administrator/Building Inspector
shall notify the applicant and/or the owner in writing, of the violations
to be corrected. No work shall be concealed until approved by the
Zoning Administrator/Building Inspector. When compliance with any
noted violations has been provided, the owner/applicant/agent shall
provide written documentation that the noted violations have been
corrected in compliance with the applicable code sections.
C.
Upon reinspection of a violation, if the inspector finds that the
violations have not been corrected, the Zoning Administrator/Building
Inspector may require the owner, contractor or agent responsible for
the violations pay a reinspection fee.
D.
When the building or structure is ready for inspection, the contractor,
owner or agent shall make such arrangements as necessary to enable
the inspector to inspect all parts of the building or structure.
E.
Construction may proceed if the requested inspection has not taken
place by the end of the second business day following the day of notification
or as otherwise agreed between the applicant and the Zoning Administrator/Building
Inspector.
A.
Preamble. The Village wishes to protect its streets, curbs, sewers
and sidewalks from damage due to construction. We wish to protect
pedestrians and motor vehicle traffic from construction debris during
and after construction projects. This section is written to require
proper construction practices and to assure that the above mentioned
goals are met.
B.
Mud, dust, brush, stumps, etc. No general contractor, building permit
holder or owner shall cause, maintain or permit the littering of any
public or private property or streets with mud, dust, brush, stumps,
tree limbs, construction, piles of dirt after building landscaping
is completed or other types of debris, nor shall such person cause
damage to any public street, sidewalk, curb, gutter, sewerage system
or property.
C.
Daily cleanup. A general contractor, building permit holder or owner
must clean up by 8:00 p.m. each day or at the end of the workday on
that site, whichever occurs earlier, and the site must be kept clean
as much as feasible during the day.
D.
Debris in street or on sidewalk. Debris in the street or on the sidewalk
that would injure a motor vehicle, pedestrian or cyclist must be removed
immediately.
E.
Disposal of debris at construction sites.
(1)
No general contractor, subcontractor, owner, permit holder, municipality
or municipal subcontractor shall allow any person to leave litter
or building debris at a construction site which creates a nuisance.
During the course of any construction which requires a permit within
the Village, the contractor shall be responsible for having a dumpster
or other suitable method to properly contain any construction related
debris on the site at all times while construction is conducted on
the site.
(2)
If a general contractor, permit holder or owner does create a nuisance,
the Zoning Administrator/Building Inspector shall revoke the building
permit until they have complied with this section.
F.
Damaging curbs or sidewalks. It is the responsibility of the general
contractor, permit holder or owner to inspect all sidewalks and curbs
prior to commencement of work. Any such damage must be reported to
the Zoning Administrator/Building Inspector or his designated agent
prior to commencement of work. Any damage not reported in that time
period will be attributed to the general contractor, building permit
holder or owner. No general contractor, building permit holder or
owner shall allow any person to run a vehicle over a curb in the Village,
unless that curb shall have been properly blocked or ramped to ensure
no damage to the curb. Properly blocked means adequately covered behind
the curb with crushed stone to a sufficient depth to protect the back
of the curb and a four-by-four planking in front of the curb. All
tires crossing the curb shall be supported in this manner. This requirement
may be waived by the Zoning Administrator/Building Inspector for good
cause.
G.
Violations.
(1)
If any general contractor, building permit holder or owner is convicted
of three or more violations of this section within a six-month period,
the Zoning Administrator/Building Inspector shall have authority to
withhold building permits from such general contractor, building permit
holder or owner for a period of six months.
(2)
If any general contractor, building permit holder or owner shall
fail to pay any costs of any curb repair for damage to curbs caused
by such person, the Village shall have the right to withhold the issuance
of building permits to that general contractor, building permit holder
or owner until such time as all bills are paid.[1]
(3)
In addition to any other penalties imposed by this chapter, any general
contractor, building permit holder or owner convicted of a violation
of this section shall be subject to a forfeiture of not less than
$100 plus costs for a first offense and not less than $500 plus costs
for the second offense.[2]
(4)
In addition to the penalty provided in § 1-3 of this Code, the Village may clean up or contract to clean up and charge the cost to the general contractor, building permit holder or owner who is found in violation of this section. If the bills are not paid for, the occupancy permit will be withheld.
H.
Village compliance. The Village will comply with this section, but
no penalties shall apply to the Village.
Any person feeling aggrieved by any order or ruling of the Director
of Neighborhood Services or designee may appeal from such order or
ruling to the Board of Appeals as provided in Subsection A of this
section. An order or ruling written for one- and two-family homes
built on or after June 1, 1980, is not appealable under this chapter.
An order or ruling written under Chapters SPS 360–366 is not
appealable under this chapter.
A.
Any person feeling aggrieved by any order or ruling of the Director
of Neighborhood Services or designee may appeal from such order or
ruling to the Board of Appeals within 15 calendar days after written
notice of such order or ruling. The date of written notice or ruling
shall be the date of mailing of the official notice or the date of
personal service of the official notice. The notice of appeal shall
be in writing and specify the reasons for the appeal. The Board of
Appeals shall act upon the appeal within 60 days of the filing of
the notice of appeal.
B.
Application for appeal may be made when it is claimed that the true
intent of the codes or the rules legally adopted thereunder has been
incorrectly interpreted; the provisions of the codes do not apply;
or an equally good or better form of construction or repair can be
used. All appeals shall be accompanied by supporting data.
C.
An appeal shall stay all enforcement activities and all legal proceedings
in furtherance of the action appealed from, unless the officer from
whom the appeal is taken certifies to the Board of Appeals that by
reason of the facts stated in the certificate a stay would in the
opinion of the officer, cause imminent peril to life or property.
In such case, proceedings shall not be stayed otherwise than by a
restraining order which may be granted by a court of record on application,
on notice to the officer from whom the appeal is taken, and upon due
cause shown.
Any violation of any of the provisions of this chapter shall subject the violator to the penalties provided in § 1-3. Each day a violation continues, unless otherwise specified in this chapter, shall constitute a separate offense. Where the violator has been issued a permit or is a licensee under the provisions of this chapter, such permit or license shall be subject to revocation in the discretion of the court.
