[Adopted 4-20-2006 by Ord. No. 1222 (Ch. 30 of the 1964 Code)]
The provisions of the Muskego Municipal Building Code shall govern the design, construction, alteration, and demolition of all buildings and structures within the City of Muskego, except that this code shall not apply to agricultural structures as defined by § 164-4B other than farm residences.
These regulations shall be known and cited as the "Muskego Municipal
Building Code" and shall be construed to secure their expressed intent
and to ensure public safety, health and welfare insofar as they are
dependent upon building construction.
A.
Application of Wisconsin Commercial Building Code. The Wisconsin
Commercial Building Code, Chs. SPS 361 to 366, Wis. Adm. Code, inclusive,
and all amendments thereto are hereby made a part of this code by
reference with respect to those classes of buildings to which such
provisions apply. A copy of said code is on file in the office of
the Clerk-Treasurer.[1]
B.
Application of Wisconsin Uniform Dwelling Code. The Wisconsin Uniform
Dwelling Code, Chs. SPS 320 through 325, Wis. Adm. Code, inclusive,
and all amendments thereto and the Wisconsin Uniform Building Code
are hereby made a part of this code by reference and shall apply to
all one- and two-family dwellings and alterations and additions thereto.
For purposes of this code, the Wisconsin Uniform Building Code shall
apply to alterations and additions to all one- and two-family dwellings
constructed prior to the effective date of the Wisconsin Uniform Dwelling
Code. A copy of said code is on file in the office of the Clerk-Treasurer.
[Amended 2-4-2010 by Ord. No. 1312]
C.
Application of Muskego Municipal Building Code. All buildings and
structures hereafter erected, altered, repaired, moved or demolished
that are used or designed to be used for the purpose herein defined
shall comply in full with the requirements of this code.
(1)
Zoning laws. No provision of this code shall be construed to repeal,
modify or constitute an alternative to any lawful zoning regulations.
(2)
(3)
Existing buildings. This code shall also apply to buildings and conditions
described in this subsection.
(a)
Conversion to one- or two-family dwelling. An existing building
to be occupied as a one- or two-family dwelling which building was
not previously so occupied.
(b)
Repair of an existing structure.
[1]
An existing structure that is repaired, when the cost of such
repairs during the life of the structure exceeds 50% of the equalized
value of the structure, said value to be determined by the Assessor.
Note: Repair work which does not exceed 50% of the equalized value
of the existing structure shall be required to comply with the code
that was in effect when the component or work was originally constructed.
In cases where the exact date of construction cannot be determined
or in the event a copy of the code for that particular period cannot
be located, the Building Inspector shall determine the applicable
code.
[2]
When determining cost of repairs, only structural work which
extends the life of the structure shall be included, such as rafters,
decking, headers, foundations, studs, etc. Items which are nonstructural,
such as doors, windows, plumbing, electrical, carpet, paint and trim,
shall not be included.
(c)
Additions and alterations. Additions and alterations, regardless of cost, made to an existing building shall comply with the requirements of this code. The provisions of Subsection C(4) of this section shall also apply.
(d)
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 code.
(4)
Alterations and repairs. The following provisions shall apply to
buildings altered or repaired:
(a)
Alterations. Alterations to any existing building or structure
accommodating a legal occupancy and use but of nonconforming type
of construction which involve either the structural members of floors
or roofs, beams, girders, columns, bearing or other walls, room arrangement,
heating and air-conditioning systems, insulation or energy efficiency,
light and ventilation, changes in location of exit stairways or exits
or any of the above shall be made to conform to the minimum requirements
of this code applicable to such occupancy and use and given type of
construction.
(b)
Repairs. Repairs for purposes of maintenance or replacements
in any existing building or structure which do not involve the structural
portions (load bearing or non-load bearing) of the building or structure
or which do not affect room arrangement, light and ventilation, access
to or efficiency of any exit stairways or exits, fire protection,
heating or air conditioning, insulation or energy efficiency, plumbing,
electrical, or exterior aesthetic appearance and which do not increase
a given occupancy and use shall be deemed minor repairs, exempt from
plan submittal requirements.
(c)
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 code are complied
with.
(d)
Extent of deterioration. The amount and extent of deterioration
of any existing building or structure shall be determined by the Building
Inspector.
(e)
Use of unsanitary building. It shall be unlawful to occupy or
use or permit the occupancy or use of any building or structure that
is unsanitary or dilapidated, or deteriorated, or out of repair, thereby
being unfit for human habitation, occupancy or use, until the regulations
of this code have been complied with.
A.
General. For purposes of this code, the definitions listed below
and those found in § SPS 320.07, Wis. Adm. Code, shall apply.
Exception: All definitions found in § SPS 320.07 referencing
"dwelling" or "dwelling unit" shall also apply to all other nondwelling,
noncommercial or nonagricultural structures within the City.
B.
AGRICULTURAL STRUCTURE
BUILDING
BUILDING INSPECTOR
COST OF PROPOSED WORK
EQUIPMENT
STRUCTURE
VALUE OF PROPOSED WORK
(1)
(2)
WRECKING
As used in this code, the following terms shall have the meanings
indicated:
A building located on a parcel of 35 acres or more of contiguous
land which is devoted primarily to agricultural use as defined by
§ 91.01(2), Wis. Stats., and which, during the year preceding,
produced gross farm profits, as defined in § 71.58(4), Wis.
Stats., of not less than $6,000 or which, during the three years preceding,
produced gross farm profits, as defined in § 71.58(4), Wis.
Stats., of not less than $18,000, or a parcel of 35 or more acres
of which at least 35 acres are enrolled in the farmland preservation
program. Note: In addition to the above criteria, commentary issued
from time to time by the Department of Safety and Professional Services
may also be utilized when determining qualifications for agricultural
structure exempt status.
Any structure used, designed or intended for the roofed shelter,
enclosure or protection of persons, animals or property of any kind.
The Building Inspector or other duly authorized individual.
See "value of proposed work."
As specifically regulated by this code, includes heating,
cooling, air-conditioning, and ventilation systems; plumbing and sanitary
systems; electric and power systems; telephone, electronic and radio
signal and annunciator systems; dry-cleaning, dyeing and washing machines;
elevators and dumbwaiters; gas pipe systems; standpipes; sprinkler
systems; fire protection apparatus, fire extinguishers, and pumps,
oil burners, stokers, and conveyors; refrigerating systems; devices,
machinery and apparatus of every description; furnace(s); boiler(s);
high- or low-pressure steam systems; gasoline pumps; all movable or
portable containers of every description; all pressure vessels or
other tanks; and all other self-contained systems used in conjunction
with buildings or structures.
For purposes of this code, cost or value of proposed work shall
mean the fair market or retail value of the work as would be charged
by a professional contractor if competitive bids were obtained. In
no case shall value of proposed work or cost of proposed work mean
the actual cost to the property owner or permit applicant to acquire
the materials and perform the work.
In the case of a nonconforming structure affected by the 50% equalized value rule [see § 164-3C(3)(b)], the value of the work shall include only structural work which extends the life of the structure, such as rafters, decking, headers, foundations, studs, etc. Items which are nonstructural, such as doors, windows, plumbing, electrical, carpet, paint and trim, shall not be included.
For purposes of this code, wrecking shall include demolition,
dismantling or tearing down of framing members, whether weight bearing
or not, and shall not include the removal of gypsum wallboard, paneling
or other similar surface coverings.
There is hereby created the Building Inspection Division in
the Public Works and Development Department. The Building Inspector,
appointed by the municipality, shall act as head of this Division.
A.
Duties. The Building Inspector is vested with the authority and responsibility
to enforce all laws controlling safe building construction. He shall
make inspections at the site of buildings damaged, by any cause whatsoever,
to determine the safety of buildings affected thereby. The Fire Inspector
shall have primary responsibility to make periodic inspection of existing
public buildings to determine their safety.
B.
Authority.
(1)
The Building Inspector, or his duly authorized agent, shall have the power and authority, at all reasonable hours, for any proper purpose, to enter upon any public or private premises and make inspection thereof and to require the production of the permit for any building or plumbing, or electrical, or heating, or air-conditioning work being done, or the required license therefor. No person shall interfere with or refuse to permit access to any such premises to the above-described representatives of the municipality while in the performance of their duties [see § 164-6E(1)(g)].
C.
Records. There shall be kept, in the Building Inspection Division,
a record of all applications for building permits in a book for such
purpose, and each permit shall be regularly numbered 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 buildings in the
various classes, shall be kept. There shall be kept, in the Building
Inspection Division, a record of all inspections made, of all removal
and condemnation of buildings and a record of all fees collected showing
the date of their receipt. The Building Inspector shall make a written
annual report to the governing body of the municipality relative to
these matters.
A.
Permits required. No building or structure, or any part thereof,
shall hereafter be built, enlarged, altered or demolished within the
municipality or moved into, within or out of the municipality except
as hereinafter provided, unless a permit therefor shall first be obtained
by the owner or his agent from the Building Inspector. Permits required
are as follows:
[Amended 2-4-2010 by Ord. No. 1312]
B.
Application for permits. Application for a permit shall be made in
writing upon a blank form to be furnished by the Building Inspector
and shall state the name and address of the owner of the building
and the owner of the land on which the work is to be performed, the
name and address of the contractor, the house number thereof and such
other information as the Building Inspector may require. With such
application, there shall be submitted, to the Building Inspector,
three complete sets of plans, specifications and three copies of a
survey (commercial projects) and two complete sets of plans, specifications
and two copies of a survey (noncommercial).
(2)
Plans and specifications. All plans shall be drawn to a scale not
less than 1/4 inch per foot, on paper or cloth in ink, or by some
other process that will not fade or obliterate, and shall disclose
the existing and proposed provisions for water supply, sanitary sewer
connections and surface water drainage. All dimensions shall be accurately
figured. Drawings that do not show all necessary detail shall be rejected.
A complete set of plans for residential construction shall consist
of:
(a)
All elevations.
(b)
All floor plans.
(c)
Footing to roof wall cutaway, including foundation wall height.
(d)
Complete construction details.
(e)
Beam type, size and header sizes.
(f)
Openable area of windows and glass area.
(g)
Door sizes and swing direction.
(h)
Intended room use labeled; example: bedroom, utility, etc.
(i)
Lumber type; example: SPF, Douglas Fir, etc., and Fb rating;
example: 1200, 2100, etc. (obtain from lumber supplier).
(j)
TJI, Micro-lam, or other similar component; provide manufacturer
and size.
(k)
Fireplace details (3/4 inch per foot) showing cross section
of fireplace and flues.
(l)
Plans of garage when garage is to be built immediately or location
of garage when it is to be built at a later date.
(3)
All
plans shall remain on file in the office of the Building Inspector
until at least one year after the completion of the building, after
which time the Building Inspector may return the same to the owner,
may keep them for public record or may destroy them.
C.
Waiver of requirements. At the option of the Building Inspector,
plans, data, specifications and survey need not be submitted with
an application for permit to execute minor alterations and repairs
to any building, structure or equipment, provided the proposed construction
is sufficiently described in the application for permit.
E.
Inspector may revoke permits.
[Amended 2-1-2007 by Ord. No. 1248]
(1)
The Building Inspector or his designee may revoke any permit, occupancy
permit or approval issued under the regulations of this code and may
stop business use, construction, demolition or use of approved materials,
equipment, methods of construction, devices or appliances for any
of the following reasons:
(a)
Whenever there is a violation of any regulation of this code
or of any other ordinance, law or lawful orders or Wisconsin statute
relating to the same subject matter.
(b)
Whenever the continuance of any construction or demolition becomes
dangerous to life or property.
(c)
Whenever there is any violation of any condition or provision
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 occupancy permit given by the Building Inspector for the
use of any new materials, equipment, methods of construction devices
or appliances.[3]
(g)
Whenever the property owner fails to allow reasonable inspections
of the property.
(h)
Whenever any conditions of approval from City boards and committees
are not being met for the building site or structure itself, including
Plan Commission approvals.
(2)
The notice revoking a permit, occupancy permit or approval shall
be in writing and shall be served upon the applicant for the permit,
owner of the premises and his agent, if any, and on the person having
charge of construction.
(3)
A revocation placard shall also be posted upon the building, structure,
equipment or premises in question by the Building Inspector.
(4)
After the notice is served upon the persons as aforesaid and posted,
it shall be unlawful for any person to proceed thereafter with any
business use, construction or demolition operation whatsoever on the
premises, and the permit and/or occupancy permit which has been so
revoked shall be null and void, and before any construction or operation
is again resumed a new permit and/or occupancy permit, as required
by this code, shall be procured and fees paid therefor and thereafter
the resumption of any construction or operation shall be in compliance
with the regulation of this code.
F.
Fees. Before receiving a permit, the owner or his agent shall pay
the fee specified in Table 1 as from time to time established by resolution
of the Common Council.[4] In applying the provisions of this code, in respect to
new work, existing buildings, alterations and repairs, the value of
the work shall be determined by the Building Inspector on the basis
of current market costs.
[4]
Editor's Note: Table 1 is on file at the Public Works and
Development Department.
G.
Municipal projects. Fees are waived for all municipally funded projects.
H.
No permits to violators. Applicants having outstanding orders or
notices or unpaid fees or forfeitures relative to this code or other
ordinances enforced by the City shall not be issued any additional
permits prior to such orders or notices or unpaid fees or forfeitures
being corrected or paid to the Building Inspection Division's satisfaction.
Exception: The Building Inspector may issue permits to applicants
with outstanding orders or notices or unpaid fees or forfeitures when
the permit is required to comply with an outstanding order or notice.
A.
A weather-resistant card, signed by the Building Inspector, indicating
that the permit has been issued, shall be posted at the job site in
clear view during construction. After issuance of a building permit,
the approved plans shall not be altered unless any proposed change
is first approved by the Building Inspector as conforming to the provisions
of this code.
B.
Expiration of permit.
(1)
Existing buildings and any alterations or additions thereto, new
commercial buildings, accessory buildings and accessory structures.
Any permit shall become void unless operations are commenced within
four months from the date the permit is issued or if the building
or work authorized by such permit is suspended at any time after work
is commenced for a period of more than 60 working days. All work shall
be completed within 18 months from the date the permit is issued.
Time periods referenced herein may be extended by the Building Inspector
if the delay was due to conditions beyond the control of the applicant.
No additional permits for the same work will be issued unless a timetable
of completion is agreed upon by the Building Inspector. Failure to
comply with the agreed upon timetable may result in the revocation
of the permit and the issuance of a citation for the offense.
(2)
New one- or two-family dwellings. The permit shall expire 24 months
after issuance if the dwelling exterior has not been completed (new
one- or two-family construction only).
C.
Before any work is commenced or recommenced after the original permit
has lapsed or been revoked, a new permit shall be issued at 50% of
the original fee (any additional proration of the fee shall not be
permitted). Permits issued in this manner shall expire six months
from date of issue.
D.
Nontransferability of permits. Permits issued under this code shall
be nontransferable from one permit holder to another. In cases where
a contractor has applied for and obtained a permit, commenced construction
and for any reason whatsoever has abandoned or ceased activity on
the project, or has been removed from the project by the property
owner, a new permit must be obtained by the contractor hired to finish
the work. Upon the property owner's written request for a new permit,
and prior to the issuance of the new permit, the property owner must
schedule an inspection to determine the status of the job at the time
the contractors (permit applicants) were switched. In all such situations,
there shall be no refund of the original fee. The new applicant shall
make application for and purchase a new permit, which shall be assessed
fees at the discretion of the Building Inspector (proration of the
fee shall be permitted).
[Amended 2-4-2010 by Ord. No. 1312]
E.
Consent to inspection or permit conditions. The acceptance by an
applicant of any permit issued under this code shall constitute the
consent by such applicant and, if different, the owner or owners thereof
to any inspections required or permitted under this code or any permit
conditions imposed as a condition of approval of the permit, or other
applicable legal requirements.
A.
General. No person shall move any building or structure upon any
of the public rights-of-way of the municipality 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
and the conditions to be complied with and shall limit the time during
which said moving operations shall be continued.
B.
Moving damaged buildings. No building shall be repaired, altered
or moved within or into the municipality that has deteriorated or
has been damaged by any cause (including such moving and separation
from its foundation and service connections in case of moved buildings)
50% or more of its equalized value, and no permit shall be granted
to repair, alter or move such building within or into the municipality.
C.
Continuous movement. The movement of buildings shall be a continuous
operation during all the hours of the day, and day by day and at night,
until such movement is fully completed. All of 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. Lighted lanterns shall
be kept in conspicuous places at each end of the building during the
night.
D.
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 thereupon, in
the company of the Public Works and Development Director or designee,
inspect the streets and highways 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 good repair as
they were before the permit was granted. On the failure of said permittee
to do so within 10 days thereafter to the satisfaction of the governing
body, said body 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 the same.[1]
E.
Conformance with code. No permit shall be issued to move a building
within or into the municipality and to establish it upon a location
within said municipality 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 municipality
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.
F.
Bond.
(1)
Before a permit is issued to move any building over any public way
in this municipality, the party applying therefor shall give a bond
to the municipality in a sum to be fixed by the Building Inspector
and which shall not be less than $1,000, said bond to be executed
by a corporate surety or two personal sureties to be approved by the
governing body or designated agent, conditioned upon, among other
things, the indemnification of the municipality 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 municipality in connection therewith,
arising out of the removal of the building for which the permit is
issued.
(2)
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 falling into such excavation of children under 12 years of age unlikely, the bond required by Subsection F(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.
G.
Insurance. The Building Inspector shall require, in addition to 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.
H.
Plan Commission (or other assigned board or commission).
(1)
No such permit shall be issued unless it has been found as a fact by the Plan Commission (or other assigned board or commission) of the municipality by at least a majority vote, after an examination of the application for the permit, which shall include exterior elevations of the building and accurate photographs of all sides and views of the same, and in case it is proposed to alter the exterior of said building, plans and specifications of such proposed alterations, and after a view of the building proposed to be moved and of the site at which it is to be located, that the exterior architectural appeal and functional plans of the building to be moved or moved and altered will not be so at variance with either the exterior architectural appeal and functional plan of the buildings already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district established by the zoning ordinances of the municipality, or any ordinance amendatory thereof or supplementary thereto, as to cause a substantial depreciation in the property values of said neighborhood within said applicable district. In case the applicant proposes to alter the exterior of said building after moving the same, he shall submit with his application papers complete plans and specifications for the proposed alterations. Before a permit shall be issued for a building to be moved and altered, the applicant shall give a bond to the municipality's Plan Commission (or other assigned board or commission), which shall not be less than $1,000, to be executed in the manner provided in Subsection F hereof, to the effect that he will, within a time to be set by the Plan Commission (or other assigned board or commission), complete the proposed exterior alterations to said building in the manner set forth in his plans and specifications. This bond shall be in addition to any other bond or surety which may be required by other applicable ordinances of the municipality. No occupancy permit shall be issued for said building until the exterior alterations proposed to be made have been completed.
(2)
Upon application being made to be Building Inspector he shall request a meeting of the Plan Commission (or other assigned board or commission) to consider applications for moving permits which he has found comply in all respects with all other ordinances of the municipality. The Plan Commission (or other assigned board or commission) may, if it desires, hear the applicant for the moving permit in question and/or the owner of the lot on which it is proposed to locate the building in question, together with any other persons, either residents or property owners, desiring to be heard, giving such notice of hearing as it may deem sufficient. Such hearing may be adjourned for a reasonable length of time, and within 48 hours after the close of the hearing the Plan Commission (or other assigned board or commission) shall, in writing, make or refuse to make the finding required by Subsection H(1) hereof and file it in the office of the Clerk, who shall send a copy of it to the Building Inspector.
A.
The Building Inspector is hereby authorized to act for the municipality
under the provisions of § 66.0413, Wis. Stats., relating
to the razing of buildings and all acts amendatory thereof and supplementary
thereto. The Clerk-Treasurer is authorized to place the assessment
and collect the special tax as therein provided.
B.
Before a building can be demolished or removed, the owner or agent shall notify all utilities having service connections to or within the building, such as water, electric, gas, sewer and other connections. A permit to demolish or to remove a building shall not be issued until it is ascertained that service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in a safe manner. Excavations shall be filled with solid fill to match lot grade within five days of removal of the structure. Any excavation shall be protected with appropriate fences, barriers and/or lights. Site restoration shall be performed pursuant to requirements of Chapter 162, Construction Site Erosion and Sediment Control, of the City Code.
A.
Purpose and scope. This section is intended to protect the public
health and safety during the demolition of any structure within the
City of Muskego.
B.
Authority.
(1)
The Building Inspector is authorized to review, impose conditions,
and issue demolition permits and regulate demolition for all Type
A, A1, B, B1, C, and C1 structures, as defined below.
(2)
The Building Inspection Division is authorized to review, impose
conditions, and issue demolition permits for Type D and D1 structures
subject to Public Works and Safety Committee approval for which a
written recommendation from the Building Inspection Division to the
Committee is required.[1]
(3)
A demolition permit will not be required for internal demolition
if associated with a remodeling permit or other permitted building
improvements.
C.
NR
SPS
STORY
TYPES OF STRUCTURES
(1)
(2)
(3)
(4)
(5)
(a)
(b)
(c)
(6)
(a)
(b)
(c)
(7)
(8)
WDOT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Department of Natural Resources Administrative Codes.
Department of Safety and Professional Services Administrative
Codes.
Surface area of space at least six feet six inches high and
excludes basement or crawl spaces.
Type A: Storage sheds, agricultural use buildings and garages
equal to or greater than 1,000 square feet and less than 10 feet from
property line or another structure.
Type A1: Storage sheds, agricultural use buildings and garages
less than 1,000 square feet and equal to or greater than 10 feet from
property line or another structure.
Type B: Single- or two-family dwelling unit(s) less than 3,000
square feet and less than 10 feet from property line or another structure.
Type B1: Single- or two-family dwelling unit(s) less than 3,000
square feet and equal to or greater than 10 feet from property line
or another structure.
Type C:
Single- or two-family dwelling unit(s) equal to or greater than
3,000 square feet and less than 10 feet from property line or another
structure.
Three or more dwelling unit structures less than 10 feet from
property line or another structure.
Commercial and industrial structures less than 5,000 square
feet and less than 10 feet from property line or another structure.
Type C1:
Single- or two-family dwelling unit(s) equal to or greater than
3,000 square feet and equal to or greater than 10 feet from property
line or another structure.
Three or more dwelling unit structures equal to or greater than
10 feet from property line or another structure.
Commercial and industrial structures less than than 5,000 square
feet and equal to or greater than 10 feet from property line or another
structure.
Type D: Commercial and industrial structures equal to or greater
than 5,000 square feet and less than 10 feet from property line or
another structure.
Type D1: Commercial and industrial structures equal to or greater
than 5,000 square feet and equal to or greater than 10 feet from property
line or another structure.
State of Wisconsin Department of Transportation Standard
Specifications for Highway and Structure Construction.
D.
Administration of demolition.
(1)
(2)
(3)
Bonds. Performance bond is required for demolition of Type D and
D1 structures in the amount of $2.50 per square foot of structure.
(4)
Liability.
(a)
The property owner and/or his agent(s) shall be responsible
for all damage, losses or nuisances caused by demolition activity
and restoration and maintenance thereof despite issuance and review
of the demolition permit application by the City's Building Inspection
Division.
(5)
Schedules.
(a)
Time for demolition from issuance of the permit to completion
of site restoration shall be before one calendar year.
(b)
Time extension may be granted for extenuating circumstances
by the Building Inspection Division; however, the demolition shall
also be subject to any new regulations and/or conditions of the permit
enacted since the original issue date of the permit.
(6)
Appeals may be sought as per the Municipal Building Code.
E.
Submittals and site preparation.
(1)
Limited access to site with four-foot minimum height perimeter fencing
will be required for demolition of Type B, C, C1, D and D1 structures.
(2)
Freon removal from Type C, C1, D and D1 structures will be in accordance
with Department of Safety and Professional Services regulations. Asbestos
removal from Type B, B1, C, C1, D and D1 structures will be in accordance
with Department of Natural Resources regulations.[3]
(3)
Type B, B1, C, C1, D and D1 structures whose structure tax value
is over $50,000 and over 50 years old will comply with Department
of Safety and Professional Services regulations, unless waived by
the City of Muskego Common Council.[4]
(4)
State statutes to be complied with:
(b)
Dust control for Type B, B1, C, C1, D and D1 structures shall
be in accordance with Ch. NR 404, Wis. Adm. Code, for secondary particulate
emissions, including crushed stone access drives for haul vehicles
and wetting down disturbed areas as needed. A water truck and spray
may be required on site as directed by the Building Inspection Division.[6]
(c)
Fuel tanks removal for C, C1, D and D1 structures shall be in
accordance with Ch. NR 747, Wis. Adm. Code.
(d)
Structure C, C1, D and D1 demolition on previous waste disposal
sites shall be subject to applicable Department of Natural Resources
regulations.
(g)
Disposal sites shall be state-approved sites only for Type C,
C1, D and D1 materials.
(h)
The following monitoring is required for Type D and D1 structures
if toxicants are found or known to be present in the structure(s):
[1]
Air quality. If said structure is within 200 feet of its adjacent
property lines, air sampling bags shall be placed at all four compass
directions at the property line for the duration of demolition and
be sampled once per month until demolition is complete. The operation
shall not generate dust exceeding Ch. NR 404, Wis. Adm. Code, for
secondary particulate levels.[9]
[2]
Groundwater. Groundwater monitoring is required if the structure
to be demolished is less than 200 feet from a property line in granular
or silty soils or 50 feet in clayish soils. A monitoring well downstream
of the structure at the property line shall be installed as per Ch.
NR 812, Wis. Adm. Code, and sampled accordingly.[10]
(i)
Groundwater monitoring is not required for internal demolition.
(j)
Other toxicants identified for Type D and D1 structures shall
be removed in accordance with the applicable state and federal laws.[11]
(5)
City requirements for demolition.
(a)
Vibration for Type D structure demolition shall be less than
four on the Richter Scale at the nearest property line of the structure
if said structure is within 100 feet of any of its property lines.
(b)
Adjacent structures and pedestrian and vehicular traffic shall
be protected from flying debris in the demolition of Type B, B1, C,
C1, D and D1 structures if the structure to be demolished is within
a distance equal to the height of the structure to be demolished.
(c)
Flying debris protection shall be required between any structure
or public passageway and the structure to be demolished if a structure
or passageway is closer than the initial height of the structure to
be demolished. The protection shall be of a height of at least eight
feet and withstand wind loads of 20 pounds per square foot.[12]
F.
Physical removals.
(1)
All basement footings, floors and walls shall be removed.
(2)
Existing utility laterals and services shall be located and disconnected
before demolition commences. A post two inches by four inches at the
terminal of each utility service shall be placed at the point of discontinuance.
(3)
Partial removal of Type B, B1, C, C1, D and D1 structures shall require a renovation permit. In addition, plans to protect the occupants during demolition and renovation need to be submitted, including the continued accessibility for occupying a portion of the building. Internal demolition will be subject to Subsection E(5)(a), (b) and (c).
(4)
The following conditions shall apply for any removal within 100 feet
of another structure of a separate building user or owner:
(a)
Photograph or videotape all internal wall surfaces seven days
before demolition commences of adjacent building's structure
so as to record pre-demolition condition. These records shall be given
to the Building Inspection Division before demolition commences and
kept for one full year after completion of demolition.
(b)
A structural engineer's report is required that will detail
the protection and renovation required of the adjacent shared wall.
Those recommendations will be added to the conditions of the demolition
permit and renovation permits.
(c)
Additional permits required:
(5)
Footings and basement walls shall not be removed if they are within
10 feet of another structure or portion thereof that is not to be
removed. A footing and wall for another structure can be reused if
inspected and approved by City Building Inspector.[13]
(6)
Approval of haul routes by the appropriate jurisdictions will be
required for Type C, C1, D and D1 structures. Haul routes shall be
approved only on designated truck routes and one route from the site
to a truck route approved by Public Works and Development Director
or designee. The cargo of the hauling vehicle will be required to
be enclosed if cargo material is under 12 inches in dimension.[14]
(7)
The use of explosives may be permitted by the Public Works and Safety
Committee only if:
(8)
Razing by burning will be permitted only with the concurrence of
the Fire Chief.
(9)
All litter beyond access control fence shall be removed before sunset
of the day it is deposited.
G.
Restoration.
(1)
Temporary restoration is permitted if the site is to be built upon
within six months. Temporary restoration will not require grading,
leveling and landscaping of the site. Use of dustproofing and waterproofing
methods for temporary restoration shall be approved by the Building
Inspection Division.
(2)
Permanent restoration will be required for Type B, B1, C, C1, D and D1 if the site is not to be built upon within six months of completion of demolition, and Chapter 162, Construction Site Erosion and Sediment Control, of the City Code shall apply.
(3)
Nonstructural backfill is permitted for Type B, B1, C, C1, D and
D1 and may be demolition masonry or concrete debris, provided that
no dimension of the material exceeds 12 inches and it is not wood,
plastics or steel or painted concrete. Nonstructural backfill can
only be used in areas not scheduled for future structures.
(4)
Structural backfilling shall meet WDOT Sections 206, 207, 208 and
209.
(a)
Compression of clays or granular soils with less than 10% silts
or organic material may be 90%. However, a wait of one calendar year
will be required before a new structure can be built. In addition,
the fill shall be mounded six inches to 12 inches higher than adjacent
ground.
(b)
Native soils shall otherwise be compressed to 95% density for
future new structure.
(5)
Grading to match surrounding slopes and grades. Landscaping shall
be at least six inches topsoil, seeding and mulching placed in accordance
with WDOT Sections 625, 627, 629, and 630.
(6)
Permanent erosion control conditions of Chapter 162 of the City Code will be required during and after demolition.
(7)
Chapter 309, Stormwater Management, of the City Code shall apply for all C, C1, D, and D1 demolition sites.
(8)
Access control for Type A, A1, B, B1, C, C1, D and D1 structures
during demolition will consist of complete enclosure at least to a
four-foot height and for active sidewalk use overhead shielding for
necessary pedestrian and vehicle movements for Type C, C1, D and D1.
(9)
Chapter 162, Construction Site Erosion and Sediment Control, of the City Code shall apply for erosion control during demolition.
(10)
After demolition all barricades, silt fences, shields, equipment,
etc., shall be removed from the site.
H.
Reuse certificate.
(1)
The sites of previous Type B, B1, C, C1, D and D1 structures can
be used for other facilities after a reuse certificate is issued by
Building Inspector asserting that all conditions of this section are
met.
(2)
Site restoration may be modified or reduced if a building permit
is taken out for a new structure and site development if the permit(s)
is taken out before expiration of the demolition permit. In such cases,
restoration will be governed by the conditions of the building and
site development permit(s).
A.
Required and permitted inspections. Following the issuance of any
permit under this code, specific inspections are required. A list
of required inspections for particular projects can be obtained from
the Building Inspection Division upon request. Further, the Building
Inspector may, with or without notice or invitation, from time to
time and at any time, inspect the work that is the subject of the
permit, to ascertain if the work is being done or executed in compliance
with this code and all other applicable legal requirements.
B.
Permit holder duties. The permit holder or authorized agent shall
notify the Building Inspection Division at such times as an inspection
is required under this code. The property owner, permit holder or
their authorized agent shall provide all ladders, scaffolds and other
equipment required to access the area to be inspected. If, upon any
inspection, it is found that a required inspection cannot be made
because work to be inspected has been covered or concealed, the property
owner, permit holder or authorized agent shall uncover the work, as
directed by the Building Inspector, and no approval of covered or
concealed work shall be given until the required inspection can be
made and the work complies with the provisions of this code and other
applicable state and local regulations.
C.
Inspection requests. The Building Inspector shall respond to inspection
requests without unreasonable delay. Upon inspection, the Building
Inspector shall notify the property owner, permit holder or authorized
agent of any defects found, approve the work or waive the inspection.
(Action to waive the inspection shall be in writing by the Building
Inspector.)
D.
Results notification. The Building Inspector shall notify the property
owner, permit holder or authorized agent of the results of the inspection
on the official permit sticker that shall be posted on the premises.
Surfaces unsuitable for sticker placement such as footings, foundations
or other similar surfaces may require the use of lumber crayons, permanent
markers or other means to record results. In cases where there is
no surface suitable for the placement of stickers and where the use
of lumber crayons or permanent markers would be detrimental to the
surface, the results shall be forwarded either verbally or in writing
to the property owner, permit holder or authorized agent. In all cases,
a copy of the inspection results shall be placed in the permanent
records of the Building Inspection Division.
E.
Existing structures. The Building Inspector shall have authority
to make inspections from time to time, or as otherwise required by
this code, of all existing noncommercial structures to ascertain whether
the use, maintenance and occupancy are in accordance with all applicable
requirements. The Fire Inspector has primary responsibility for inspection
of existing commercial applications.
F.
Reinspection. When violations of this code are found to exist, the
property owner, permit holder or authorized agent shall cause required
corrections to be made and shall contact the Building Inspection Division
to arrange for reinspection of the work. Each required inspection
is allotted one reinspection; subsequent reinspections shall result
in the assessment of a reinspection fee as from time to time established
by resolution of the Common Council and listed in Table 1.[1] Said reinspection fee shall be paid prior to any further
reinspections of the work.
[1]
Editor's Note: Table 1 is on file at the Public Works and
Development Department.
G.
Final inspection.
(1)
Upon completion of any building, structure, equipment or other work
for which a permit has been issued and before the same is occupied
or used, a final inspection shall be made by the Building Inspector,
and until such building, structure, equipment or other work for which
a permit has been issued is in compliance with all applicable requirements
of this code and terms of the permit, an occupancy permit shall not
be issued and no occupancy shall be maintained.
(2)
If a registered architect or engineer has supervised the construction
or other work with respect to which a permit was issued, no occupancy
permit shall be issued until such time as the architect or engineer
of record has provided a certificate of compliance or completion statement
to the Building Inspector. The certificate or statement shall certify
that the work supervised or designed by the architect or engineer
has been completed in accordance with all the terms and conditions
of the permit, the approved plans and all provisions of this code.
H.
Failure to request inspection. Failure to request required inspections
in a timely manner, or allowing work to be covered prior to inspection,
may result in the assessment of a penalty fee against the permit holder
or owner of record, said penalty fee to be as from time to time established
by resolution of the Common Council and listed in Table 1.
I.
Special inspection warrant. In addition to the inspection powers
of the Division under this section, the Building Inspector or his
duly authorized agent(s) and the Fire Inspector(s) of the City are
authorized to obtain special inspection warrants as provided in § 66.0119,
Wis. Stats., to ascertain compliance under this code, other subject
codes and other applicable legal requirements.
J.
Zoning Board of Appeals. Any person feeling aggrieved by any order
or ruling of the Building Inspector may appeal such ruling to the
Zoning Board of Appeals within 20 days after written notice of such
ruling shall have been delivered to him. Such appeal is to be in writing,
setting forth the order appealed from and the respects in which said
person feeling aggrieved claims that said order or ruling is erroneous
or illegal. Said notice of appeal shall be filed with the Public Works
and Development Director or his duly authorized representative, who
shall thereupon notify the Building Inspector of said appeal, and
the appeal shall be heard at the next meeting of the Zoning Board
of Appeals. Said Zoning Board of Appeals, after consideration thereof,
shall affirm, reverse or modify said order or ruling. The ruling or
order of the Inspector shall be enforced until changed by said Zoning
Board of Appeals.
Whenever the provisions of this code or of the plans approved
hereunder are not complied with, a stop-work order shall be served
on the owner or his representative and a copy thereof shall be posted
at the site of the construction. Such stop-work order shall not be
removed except by written notice of the Building Inspector after satisfactory
evidence has been supplied that the violation has been corrected.
In the event that work continues, or stops and then again resumes
after the stop-work order has been posted and before the Building
Inspector has provided written notice that work may resume, each day
that work continues shall constitute a separate offense, and the Building
Inspector shall not be required to continually re-post the site.
A.
Inspections
[Amended 2-1-2007 by Ord. No. 1248]
(1)
The Building Inspector shall make a final inspection of all new buildings, additions and alterations. If no violations of this code or any other ordinance can be found the Building Inspector shall issue an occupancy permit, stating the purpose for which the building is to be used [see also § 164-11G(1) and § 164-6E(1)], except that no occupancy permit may be issued for any building in the City until the Plumbing Inspector has verified compliance with the provisions of § 164-60 of this chapter.
[Amended 11-4-2010 by Ord. No. 1334]
(2)
No building, or part thereof, shall be utilized or otherwise put
into service until such final inspection has been approved and an
occupancy permit has been issued, nor shall any building be utilized
in any manner which conflicts with the conditions set forth in the
occupancy permit.
(3)
The Public Works and Development Director or designee shall make a final inspection of all new buildings, building sites, additions and alterations of multifamily, commercial and industrial properties in order to assure that all approvals from the Plan Commission or other boards have been accomplished. If all approvals have been followed, a occupancy permit will be allowed. If further improvements are required, the occupancy permit will be withheld until such time as the improvements are completed. An occupancy permit may be issued subject to certain items being completed within a given amount of time; however, if the items are not completed within the given time frame, the occupancy permit can be revoked as per § 164-6E(1) of this article. Revocation of the occupancy permit requires all business use of the property to cease immediately until such time as a new occupancy permit is given.
B.
Use discontinued.
(1)
Whenever any building or portion thereof is being used or occupied
contrary to the provisions of this code, 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 code.
(2)
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 occupancy permit or without the same until an application
has been filed and a new occupancy permit issued.
C.
Change. It shall be unlawful to change the use of any building, structure, premises or part thereof without first obtaining, from the Building Inspector and Public Works and Development Director or designee, an approval of such change in the occupancy or use and an occupancy permit therefor. See also Chapter 150, Business Occupancy Registration, of the City Code.
D.
Hardship. The Building Inspector shall have the authority and power
to permit the occupancy of any building or structure in the municipality,
prior to issuance of any occupancy permit, in all such cases of hardship
as in his judgment and discretion warrant occupancy before final stage
of completion as set forth in this code. Before granting such permission,
the Building Inspector shall first examine the premises and determine
if it is safe and sanitary. The Building Inspector shall determine
the time within which such building or structure can be completed.
Such time should not exceed 120 days.
Wind load, snow load, live load, dead load, soil bearing classifications,
slopes, clearances and any other applicable load and/or design requirements
shall be as required by the Uniform Dwelling Code, Chs. SPS 320 to
325, Wis. Adm. Code, and the Commercial Building Code, Chs. SPS 361
to 366, Wis. Adm. Code.
"Accessory building" shall mean a detached noncommercial, or
non-dwelling, or non-garage, structure.
A.
Storage shed: a structure conforming to the height and area limitations of Chapter 400, Zoning, § 400-167, of the City Code.
[Amended 2-1-2007 by Ord. No. 1248]
(1)
Foundation shall be minimum of four-inch stone placed under pressure-treated
lumber, asphalt flooring, sealed concrete block or concrete with anchor
bolts at each corner and every six feet on center to secure treated
bottom plate to foundation or two 16D common nails in each corner
and every 16 inches on center (nails shall not be used for anchorage
to masonry foundations).
B.
Pole building: a structure using post and beam construction in place
of conventional two-by-four or two-by-six framing. All such buildings
shall comply with the following design criteria regardless of the
building's intended use:
(1)
Wisconsin registered architect or engineer shall stamp and sign all
plans for pole buildings (regardless of size) verifying the structure
has been designed to support dead loads, snow loads and wind loads
and that the design meets or exceeds the design requirements of International
Building Code Chapter 16 for pole-type foundations.
A.
GARAGE
(1)
(2)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Either attached or detached private noncommercial garage.
ATTACHED PRIVATE GARAGEA private garage attached directly to the principal building, or attached by means of an enclosed or open breezeway, porch, terrace or vestibule, or a private garage so constructed as to form an integral part of the principal building.
DETACHED PRIVATE GARAGEA private garage entirely separated from the principal building.
B.
Locations. Detached garages shall be governed by the following unless
otherwise provided for in appropriate codes: 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 adjacent wall is protected as required for attached
garages in § SPS 321.08, Wis. Adm. Code. Such separations
shall be measured as the perpendicular distance from the exterior
dwelling wall to the closest exterior garage or accessory building
wall.
C.
Foundations and footings. Foundations for attached and detached private garages shall be constructed in accordance with Subsection C(1) and (2) below.
(1)
Attached private garages shall be provided with the same type footings
and foundations as required herein for the principal building. Concrete
floors shall be not less than four inches in thickness.
(2)
Detached private garages may be built with a continuous floating
slab of reinforced concrete not less than four inches in thickness.
Reinforcement shall be a minimum of No. 10 six-by-six wire mesh. The
slab shall be provided with a thickened edge all around, 12 inches
wide and 12 inches below the top of the slab. Exterior wall curbs
shall be provided not less than four inches above the finished ground
grade adjacent to the garage. Bolts 3/8 inch in diameter with nuts
and washers attached, six inches long, shall be embedded three inches
in the raised concrete curb of detached garages, no more than 18 inches
from corners, and shall have a maximum spacing of eight feet on center.
D.
Floor surface. The floor in all private garages shall be of concrete
construction and sloped toward the exterior garage door or opening
at a rate of 1/8 inch drop per foot of run. No openings or pits in
the floor shall be permitted, except for drainage. Note: Floor drains
placed within garages shall be designed to meet all applicable plumbing
codes and shall discharge to daylight; see Plumbing Inspector for
additional details.
E.
Construction. Private garages shall be constructed as follows:
(2)
Private garages of wood frame construction shall be constructed with
the following requirements:
(a)
Studs for wall framing shall be a minimum of two by four, with
a maximum spacing of 24 inches on center. Bottom plate(s) in contact
with masonry or concrete shall be of treated material. Top plate(s)
shall be doubled with end joints staggered a minimum of 48 inches.
(b)
Diagonal corner bracing shall be installed on both walls at
each corner. Diagonal corner bracing may be applied on the inside
surface of studs (plywood, let-in one by fours or metal T-strips designed
for this purpose are acceptable as corner bracing).
(c)
Corner posts may consist of two two-by-four-inch studs or a
single four-by-four-inch stud.
(d)
Collar beams or joists at the top plate and collar ties in the
upper 1/3 of the roof shall be installed with a maximum spacing of
48 inches on center. Collar beams may be two inches by six inches.
Collar ties shall be at least two inches by four inches for roof slopes
less than four inches per foot. A one-by-six-inch collar tie may be
used for roof slopes four inches per foot or greater.
(e)
Garage roofs shall be framed in accordance with the applicable
requirements of § SPS 321.28, Wis. Adm. Code.
A.
DECK
(1)
(2)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any structure, which serves as a raised horizontal platform,
or floor constructed of wood or other materials, without enclosing
walls, either attached or detached.
ATTACHED DECKAny deck which is physically connected to the principal building or accessory structure.
DETACHED DECKAny deck which is not physically attached to the principal building or accessory structure.
B.
Foundations. Deck foundations shall be of adequate bearing area to
safely distribute all live and dead loads to the supporting soil without
exceeding the bearing capacity of the soil.
(1)
Detached deck foundations: supporting pad size, post size and post
spacing shall provide adequate bearing for applicable loads in conjunction
with soil bearing conditions.
(2)
Attached deck foundations shall be designed in accordance with § SPS
321.225(1)(a), (b), (c), (d), and (f), Wis. Adm. Code.
C.
Framing. Deck framing shall be in accordance with §§ SPS
321.19, 321.22 and 321.225(1)(e) and (f), Wis. Adm. Code.
All foundation repairs shall be completed as defined in Best
Management Standards for Foundation Repair, March 2003 publication,
as amended from time to time, herein attached as Exhibit A.[1]
[1]
Editor's Note: Exhibit A is on file at the Public Works
and Development Department.
No provision in this code is intended to prohibit or prevent
the use of any alternate material or method of construction not specifically
mentioned in this code. Requests for approval shall be accompanied
by evidence showing that the alternate material or method of construction
performs in a manner equal to the material or method required by this
code.
The Building Inspector may request engineering calculations
or other tests to substantiate that the alternate proposal is equivalent
to or superior to that which is required by this code. The cost of
such verification shall be borne by the person requesting the approval.
A.
The test method used to determine the performance shall be one that
is a nationally recognized standard.
B.
If no nationally recognized standard exists, past performance or
recognized engineering analysis may be used to determine suitability.
C.
Ungraded or used building materials may be used or reused as long
as the material possesses the essential properties necessary to achieve
the level of performance required by this code for the intended use.
The municipality enforcing this code may require tests in accordance
with this section.
All materials shall be identified by the approved label, the
grade mark, the trademark or by other approved manufacturer's
identification.
A.
Violations. It shall be unlawful for any person to erect, use, occupy or maintain any building or structure in violation of any provisions of this code, or to cause, permit or suffer any such violations to be committed. Any person violating any of the provisions of this code shall, upon conviction, be subject to a penalty as provided in § 1-4 of the City 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. If, in any action, a permit was issued, it shall not constitute a defense nor shall any error, oversight or dereliction of duty on the part of the Building Inspector constitute a defense.[1]
B.
Failure to obtain permit. It shall be unlawful to commence work prior
to obtaining a permit. Penalty fees as from time to time established
by resolution of the Common Council and listed in Table 1 shall be
charged if work is commenced prior to the issuance of a permit.[2]
[2]
Editor's Note: Table 1 is on file at the Public Works and
Development Department.
A.
General. Except as otherwise provided, no person or organization
shall maintain, own, erect or construct any building or structure
or any part thereof or cause the same to be done which fails to support
adequate radio coverage to public safety service workers, including
but not limited to firefighters and police officers. For purposes
of this section, adequate radio coverage shall include all of the
following:
(1)
A minimum signal strength of two microvolts (-101 dBm) available
in 95% of the area of each floor of the building when transmitted
from the Public Safety Radio Communications System.
(2)
A minimum signal strength of two microvolts (-101 dBm) received at
the Public Safety Radio Communications System when transmitted from
95% of the area of each floor of the building.
(3)
The frequency range, which must be supported, shall be 866.000 to
869.000 MHz from the trunked system communications base stations and
821 to 824 MHz to the Public Safety Radio Communications base stations.
B.
Testing procedures.
(1)
Initial tests. Initial tests will be performed by public safety employees
or their designees. An occupancy permit shall not be issued to any
structure if the building fails to comply with this section.
(2)
Annual tests. Annual tests will be conducted by the Fire Department
in conjunction with inspection procedures.
C.
Amplification systems allowed. Buildings and structures which cannot
independently support the required level of radio coverage shall be
equipped with any of the following in order to achieve the required
adequate radio coverage: a radiating cable system or an internal multiple
antenna system with or without FCC type accepted signal booster amplifiers
as needed. If any part of the installed system or systems contains
an electrically powered component, the system shall be capable of
operating on an independent battery and/or generator system for a
period of at least 12 hours without external power input. Any battery
system employed shall automatically recharge in the presence of an
external power input. In the event that a signal booster is employed
it shall be fully encased within a dust- and water-resistant case.
D.
Field testing. Police and fire personnel, after providing reasonable
notice to the owner or his representative, shall have the right to
enter onto the property to conduct field testing to be certain the
required level of radio coverage is present.
E.
Exemptions. This section shall not apply to buildings permitted in
residentially zoned areas. For purposes of this section, basements,
parking structures and stairwells are included in the definition of
"all parts of a building" but elevators may be excluded.
