[HISTORY: Adopted by the Common Council of the City of Muskego 4-20-2006 by Ord. No. 1224 (Ch. 33 of the 1964 Code). Amendments noted where applicable.]
Construction standards — See Ch. 164.
This chapter shall be known as the "City of Muskego Business Occupancy Registration Ordinance" and shall herein be referred to as "this chapter."
Due to the complexity of state and local requirements for various commercial and industrial uses of real property within the City of Muskego, it is deemed important that a review of business type and use versus proposed location be conducted to ensure compatibility of use and minimum safety standards prior to the premises being occupied for a commercial or industrial use. This chapter is created to, but is not designed to ensure or verify code compliance of any structure. See also § 150-12.
[Amended 2-1-2007 by Ord. No. 1247]
The provisions of this chapter shall govern the occupancy of any premises within the City of Muskego for any commercial or industrial use. For purposes of this chapter, "businesses" shall include any individual or legal entity occupying a premises within the City of Muskego for any commercial or industrial use. Exception: A home occupation as defined by Chapter 400, Zoning, §§ 400-164, 400-216 and 400-42C(2)(e), of the City Code shall not be subject to the requirements of this chapter.
All businesses hereafter located or relocated within the City of Muskego shall comply with the provisions of this chapter, subject to the following procedure:
All businesses locating within the City of Muskego shall complete a business registration form, which can be obtained from the Planning or Building Inspection Division located in City Hall. Packet shall be completed by business owner or authorized agent. For purposes of this chapter, authorized agent status shall be verified through the use of a form provided by the City which the business owner signs, thus authorizing agent status.
The completed business registration form shall be returned to the Building Inspection Division for distribution to the Planning Division to review the same, within five business days of receipt, and forward findings in writing to the Building Inspection Division. The Planning Division review will be conducted to determine any possible conflicts that may exist between the proposed business and applicable zoning or land use codes.
Should the Planning Division staff be unable to approve the proposed business without Plan Commission or other committee approvals, the Building Inspection Division shall place its review on hold until it has been determined that the business has completed all zoning-related approvals.
Upon favorable review and conditional approval by the Planning Division, the Building Inspection Division will perform a review of the proposal within five business days and determine whether an inspection of the site will be required using the criteria set forth in § 150-7.
If no inspection is required and the Planning Division and Building Inspection Division find the proposed business to be compatible with existing zoning, land use and structures, then upon payment of an occupancy registration fee a conditional occupancy registration certificate shall be issued. Such certificate shall be posted in a conspicuous location on the business premises at all times.
Should an inspection be required, the criteria for performing such inspection shall be as listed in § 150-8.
Upon correction to the inspector's satisfaction of any items found to be unacceptable during inspection and payment of the applicable occupancy registration fee, the Building Inspection Division shall issue a conditional occupancy registration certificate, which shall be posted in a conspicuous location on the business premises at all times.
Prior to issuance of a conditional occupancy registration certificate, a registration fee, as from time to time established by resolution of the Common Council and listed in Table 4, shall be collected. Such resolution shall remain on file with the Clerk-Treasurer and in the Building Inspection Division.
Upon issuance of a conditional occupancy registration certificate, the Building Inspection Division shall provide notification to respective agencies.
Inspection shall be required when:
The proposed location and/or structure has a history of orders or violations which according to records available to the Planning Division or Building Inspection Division staff have not been adequately addressed or corrected.
The proposed business is of a different category of use or occupancy as defined by the State of Wisconsin's Commercial Building Code than that of the prior occupant of the building.
The Fire Department has listed the structure as a building it has been denied access to within the last 12 months.
Inspections required by this chapter shall be limited to the following areas:
Outstanding orders, violations or existing conditions of approval corrected and/or in compliance.
Required occupancy or fire separations intact and correct for intended use and in consideration of adjacent tenants where applicable.
Fire extinguisher available. For purposes of this chapter, the number, size, type and location will not be verified or inspected. The inspection will only determine that at least one fully charged fire extinguisher is available. The Fire Department shall be responsible for number, size, type and location details under separate inspection.
City-issued building numbers in place.
Property free of junk and debris; yard mowed to six inches or less.
Building exterior, gutters and eaves maintained so as not to detract from the visual character of the adjacent property; downspouts not directed to adjacent property.
Exterior of structure weatherproof.
Interior and exterior stairways, patios, walks or decks in good condition. For purposes of this chapter, "good condition" shall mean no surface irregularities in excess of 3/4 inch, nor voids in surface in excess of 3/4 inch. Guardrails and/or handrails shall be in sound condition. However, for purposes of this chapter, the height of guardrails and spacing of balusters will not be measured or verified, unless permits have been obtained to modify the same.
Windows in good condition; operable windows have screens or storms installed and are in good condition. Screens shall be required from April 1 to October 1; storms required for balance of year. Double- or triple-pane windows shall not require storms.
Exterior electrical fixtures/receptacles adequately protected from the weather and appear intact.
Entry and egress doors operate freely and pathways to and from the same are clear and unobstructed. Interior keyed deadbolts are prohibited.
Hot and cold running water available, where applicable.
Interior electrical fixtures/receptacles in good condition. For purposes of this chapter, "good condition" shall mean the fixture assembly is complete and receptacle covers are in place and are not cracked or broken.
Toilet rooms have hot and cold running water, light fixture and operable exhaust fan or openable window.
Toilet room floors are in a sanitary condition. For purposes of this chapter, "sanitary" shall mean free from elements of filth and/or noticeable molds or fungus.
Plumbing fixtures functional and free from leaks.
No plumbing cross-connections apparent.
Backflow protection measures in place.
Smoke detectors in place and functional.
Electrical panel enclosure intact, cover or door operates properly, any unused openings plugged, and overcurrent devices labeled.
Exterior enclosure of heating units and exhaust vent pipes (to chimney) have no readily visible cracks or voids (no inspection of heat exchanger performed).
Chimney flue not affected by installation of high-efficiency equipment (newer equipment may require resizing or relining of chimney).
Exterior inspection (from grade level) of chimney reveals no obvious defects. No attic or interior inspection of chimney performed.
Records of conditional occupancy registration certificates issued and related inspection details, when applicable, shall be kept in the Building Inspection Division and shall be available for viewing upon request.
A penalty fee as from time to time established by resolution of the Common Council and listed in Table 4 shall be collected when a business is found to have located or relocated to a new location within the City of Muskego without first obtaining a conditional occupancy registration certificate. Such resolution shall remain on file with the Clerk-Treasurer and in the Building Inspection Division.
It shall be unlawful for any person, firm or corporation to locate or relocate within the City of Muskego without first obtaining a conditional occupancy registration certificate. Persons, firms or corporations violating any provision of this chapter shall, upon conviction, be subject to a penalty as provided in § 1-4 of this Code. It shall be the responsibility of the offender to abate the violation as expeditiously as possible, and each day that such violation is permitted to continue shall constitute a separate offense.
The following text is provided to further explain the scope and purpose of this chapter:
This chapter is intended to be used as a tool to ensure minimum safety standards are met, while attempting to assist businesses in finding compatible facilities for their operations, with the least possible expense. It is not intended to verify compliance with all applicable plumbing, heating, air conditioning, electrical, building or zoning codes. It is recommended that a professional engineer, architect or other qualified individual be retained to perform a complete and comprehensive inspection of the premises if verification of complete code compliance is desired.
Code-specific issues such as guardrail height or baluster spacing will not be verified through this chapter. Inspection will be limited to verifying that a sturdy guardrail is in place, but will not verify the actual height of the same.
Permit research will not be performed, other than to determine if there are outstanding orders or violations relative to the structure, building location or owner. Exception: In cases where work is in progress or recently completed or in cases where an installation is obviously hazardous, an inspection of the Building Inspection Division records may be performed to determine if proper permits have been obtained. Work found to be performed without a valid permit shall require the current building owner to obtain the required permits (certain work may require a licensed contractor to be hired who would be responsible for obtaining permits). All such after-the-fact permits shall be assessed a penalty fee as listed in Table 1 (available for viewing at the Building Inspection Division counter).
This chapter shall not be construed to relieve from or lessen the responsibility or liability of previous or current owners or person(s) who have performed work on said structure, including but not limited to using, operating, controlling, installing, altering, repairing, removing, replacing, disturbing, connecting, disconnecting or maintaining any electrical, plumbing, heating/air conditioning, or building code related items, for damages to persons or property caused by any defect therein or therefrom, nor shall the City or its authorized inspectors be held as assuming any such responsibility or liability by reason of issuance or failure to issue any conditional occupancy registration certificate, or the inspection or reinspection authorized by this chapter, or by reason of the approval or disapproval of any items addressed by this chapter, nor shall the City or its authorized inspectors be held liable for any damages resulting from the enforcement of this chapter.
Editor's Note: Original §§ 33.50 through 33.60, the Residential Point of Sale Code, which immediately followed this section, were repealed 4-23-2009 by Ord. No. 1298.