[HISTORY: Adopted by the Town Board of the Town of Vinland
as Title 15, Ch. 1, of the 2004 Code. Amendments noted where applicable.]
A.
Title. This chapter shall be known as the "Building Code of the Town
of Vinland" and will be referred to in this chapter as "this code,"
"this chapter" or "this ordinance."
B.
Purpose. This chapter provides certain minimum standards, provisions
and requirements for safe and stable design, methods of construction
and uses of materials in buildings and/or structures hereafter erected,
constructed, enlarged, altered, repaired, moved, converted to other
uses or demolished and regulates the equipment, maintenance, use and
occupancy of all such buildings and/or structures. Its purpose is
to protect and foster the health, safety and well-being of persons
occupying or using such buildings and the general public.
C.
Scope.
(1)
New buildings hereafter erected in, or any building hereafter moved within or into, the Town shall conform to all the requirements of this chapter, except as they are herein specifically exempt from part or all of its provisions. Any alteration, enlargement or demolition of an existing building and any installation therein of electrical, gas, heating, plumbing or ventilating equipment which affects the health or safety of the users thereof or any other persons is a "new building" to the extent of such change. The provisions of this chapter supplement the laws of the State of Wisconsin pertaining to construction and use and the Town Zoning Code and amendments thereto on the date this chapter was adopted and in no way supersede or nullify such laws and Chapter 410, Zoning, of the Code.
(2)
No building or structure, or any part thereof, being used or to be
used for residential, agricultural, commercial or industrial purposes,
shall hereafter be built, enlarged, altered, converted to other uses,
demolished, or moved into or within the Town of Vinland unless a permit
shall be first obtained by the owner or his/her agent from the Town.
This chapter applies to all dwellings, commercial buildings/structures,
swimming pools, garages, structures, buildings and residential accessory
buildings. Not included are children's play structures.
(3)
These regulations are adopted under the authority granted by § 101.65,
Wis. Stats.
A.
Permit required.
(1)
General permit requirement. No building of any kind shall be moved
within or into the Town and no new building or structure, or any part
thereof, shall hereafter be erected or ground broken for the same
or enlarged, altered, moved, demolished, razed or used within the
Town, except as herein provided, until a permit therefor shall first
have been obtained by the owner or his/her authorized agent from the
Building Inspector or his/her designee. Prior to commencing any of
the following work, the owner or his/her agent shall obtain a valid
permit for:
(a)
New buildings.
(b)
Additions that increase the physical dimensions of a building,
including decks.
(d)
Permits are not required for replacement of major building equipment,
including furnaces, central air conditioners, water heaters, other
major pieces of equipment, and plumbing, venting, electrical or gas
supply systems when altered.
(e)
Exempted are exterior re-siding, re-roofing and finishing of
interior surfaces, installation of cabinetry, and minor repair (not
to exceed $2,000 for cost). Unless structural calculations are provided,
no more than two layers of roofing shall be installed on a roof.[2]
(f)
Any electrical wiring for new construction or remodeling.
(g)
Any HVAC for new construction or remodeling.
(h)
Any plumbing for new construction or remodeling.
(2)
Alterations and repairs. The following provisions shall apply to
buildings altered or repaired.
(a)
Alterations. When any existing building or structure accommodates
a legal occupancy and use but is of a substandard type of construction,
then alterations which involve beams, girders, columns, bearing or
other walls, room arrangement, heating and air-conditioning systems,
light and ventilation, or changes in location of exit stairways or
exits, or any or all of the above, may be made in order to bring such
existing construction into conformity with the minimum requirements
of this chapter applicable to such occupancy and use and given type
of construction, when not in conflict with any other regulations.
(b)
Repairs. Repairs for purposes of maintenance, or replacements
in any existing building or structure which do not involve the structural
portions of the building or structure or which do not affect room
arrangement, light and ventilation, access to or efficiency of any
exit stairways or exits, fire protection, or exterior aesthetic appearance,
and which do not increase a given occupancy or use, shall be deemed
"minor repairs."
(c)
Alterations: when not permitted.
[1]
When any existing building or structure, which for any reason
whatsoever does not conform to the regulations of this chapter, has
deteriorated from any cause whatsoever to an extent greater than 50%
of the equalized value of the building or structure, no alteration
or moving of such building or structure shall be permitted. Any such
building or structure shall be considered a menace to public safety
and welfare and shall be ordered vacated and thereafter demolished
and debris removed from the premises.
[2]
When an existing building is damaged by fire or other cause,
or if alterations and repairs are made to an extent of 50% or more
of the equalized value of the building before such damage or alteration,
the entire building or structure shall be made to comply with the
requirements of this chapter for new buildings. If the cost of such
alterations or repairs is less than 50% or more of the equalized value
of the buildings, the Building Inspector shall determine to what degree
the portions so altered or repaired shall be made to conform to the
requirements of this Code.
(d)
Alterations and repairs required. When any of the structural
members of any building or structure have deteriorated from any cause
whatsoever to less than their required strength, the owner of such
a building or structure shall cause such structural members to be
restored to their required strength, failing in which the building
or structure shall be considered a menace to public safety and shall
be vacated and thereafter no further occupancy or use of the same
shall be permitted until the regulations of this chapter are complied
with.
(e)
Extent of deterioration. The amount and extent of deterioration
of any existing building or structure shall be determined by the Building
Inspector.
B.
Application.
(1)
Application form. Application for a building permit shall be made
in writing upon a form furnished by the Building Inspector or his/her
designee and shall state the name and address of the owner of the
land and also the owner of the building, if different; the legal description
of the land upon which the building is to be located; the name and
address of the designer; the use to which said building is to be put;
and such other information as the Building Inspector may require.
(3)
Public street requirement. No permit will be issued from the Building
Inspector or Town if the location of a residence is not located on
a state, county or Town road or street approved or accepted by the
Town. No building permit for construction shall be granted unless
the property abuts on a dedicated street with minimum frontage of
40 feet.
(4)
Compliance with restrictions. The restrictions of the Winnebago County
Shoreland Ordinance and the Town of Vinland Zoning Code with respect
to the location of trades and industries, the use and occupancy of
buildings, the height and bulk of buildings, and the areas of yards,
courts and other spaces, shall not be deemed to be modified by any
provisions of this chapter, and such restrictions shall be controlling
except insofar as this chapter imposes greater restrictions by reason
of the type of construction used; in which case the provisions of
this chapter shall control.
C.
Site plan approval.
(1)
Site plan approval. All applications for building permits for any
construction, reconstruction, expansion or conversion, except for
one- and two-family residences in residentially zoned districts shall
require site plan approval by the Town Board in accordance with the
requirements of this section. The applicant shall submit a site plan
and sufficient plans and specifications of proposed buildings, machinery
and operations to enable the Town Board or its expert consultants
to determine whether the proposed application meets all the requirements
applicable thereto in this chapter.
(2)
Administration. The Building Inspector shall make a preliminary review
of the application and plans and refer them, along with a report of
his findings, to the Town Board. The Town Board shall review the application
and may refer the application and plans to one or more expert consultants
selected by the Town Board to advise whether the application and plans
meet all the requirements applicable thereto in this chapter. Within
30 days of its receipt of the application, the Town Board shall authorize
the Building Inspector to issue or refuse a building permit.
(3)
Requirements. In acting on any site plan, the Town Board shall consider
the following:
(a)
The appropriateness of the site plan and buildings in relation
to the physical character of the site and the usage of adjoining land
areas.
(b)
The layout of the site with regard to entrances and exits to
public streets; the arrangement and improvement of the interior roadways;
the location, adequacy and improvement of areas for parking and for
loading and unloading, and the Town Board shall, in this connection,
satisfy itself that the traffic pattern generated by the proposed
construction or use shall be developed in a manner consistent with
the safety of residents and the community, and the applicant shall
so design the construction or use as to minimize any traffic hazard
created thereby.
(c)
The adequacy of the proposed water supply, drainage facilities
and sanitary and waste disposal.
(d)
The landscaping and appearance of the completed site. The Town
Board may require that those portions of all front, rear and side
yards not used for off-street parking shall be attractively planted
with trees, shrubs, plants or grass lawns and that the site be effectively
screened so as not to impair the value of adjacent properties nor
impair the intent or purposes of this section.
(4)
Effect on municipal services. Before granting any site approval,
the Town Board may, besides obtaining advice from consultants, secure
such advice as may be deemed necessary from the Building Inspector
or other municipal officials, with special attention to the effect
of such approval upon existing municipal services and utilities. Should
additional facilities be needed, the Town Board shall not issue the
final approval until the Town has entered into an agreement with the
applicant regarding the development of such facilities.
(5)
Appeals. Denials of building permits contingent upon site plan approval
may be appealed to the Board of Appeals by filing a notice of appeal
with the Town Clerk within 10 days of the denial.
D.
Dedicated street and approved subdivision required. No building permit
shall be issued unless the property on which the building is proposed
to be built abuts a street that has been dedicated for street purposes.
No building permits shall be issued until the subdivision proposed
and required improvements are accepted by the Town Board.
E.
Utilities required.
(1)
Residential buildings. No building permit shall be issued for the
construction of any residential building until sewer, water, grading
and graveling are installed in the street necessary to service the
property for which the permit is required and a receipt for payment
of electrical hookup is presented to the Building Inspector.
(2)
Nonresidential building. No building permit shall be issued for the
construction of any building other than residential until contracts
have been let for the installation of sewer, water, grading and graveling
in the streets necessary to service the property for which the permit
is requested.
(3)
Occupancy. No person shall occupy any building until sewer, water,
grading and graveling are installed in the streets necessary to service
the property, and a certificate of occupancy shall not be issued until
such utilities are available to service the property.
F.
Plans. With such application there shall be submitted two complete
sets of plans and specifications, including a plot plan showing the
location and dimensions of all buildings and improvements on the lot,
both existing and proposed; dimensions of the lot; dimensions showing
all setbacks of all buildings on the lot; proposed grade of proposed
structure (to Town datum); grade of lot and of the street abutting
the lot; grade and setback of adjacent buildings (if adjacent lot
is vacant, submit elevation of nearest buildings on same side of street);
type of monuments at each corner of lot; watercourses or existing
drainage ditches, easements or other restrictions affecting such property;
seal and signature of surveyor or a certificate signed by the applicant;
and a construction erosion control plan setting forth proposed information
and procedures needed for control of soil erosion, surface water runoff
and sediment deposition at the building site. Plans, specifications
and plot plans shall be drawn to a minimum scale of 1/4 inch to one
foot (fireplace details to 3/4 inch to one foot). One set of plans
shall be returned after approval as provided in this chapter. The
second set shall be filed in the office of the Building Inspector.
Plans for buildings involving the State Building Code shall bear the
stamp of approval of the State Department of Safety and Professional
Services. One plan shall be submitted which shall remain on file in
the office of the Building Inspector. All plans and specifications
shall be signed by the designer. Plans for all new one- and two-family
dwellings shall comply with the provisions of § SPS 320.09,
Wis. Adm. Code.[4]
G.
Waiver of plans; minor repairs.
(1)
Waiver. If the Building Inspector finds that the character of the
work is sufficiently described in the application, he/she may waive
the filing of plans for alterations, repairs or moving, provided the
cost of such work does not exceed $2,000.
(2)
Minor repairs. The Building Inspector may authorize minor repairs
or maintenance work on any structure or to heating, ventilating or
air-conditioning systems installed therein with a fair market value
of less than $1,000, as determined by the Building Inspector, including
market value of labor, which do not change the occupancy area, exterior
aesthetic appearance, structural strength, fire protection exits,
light or ventilation of the building or structure, without issuance
of a building permit.
H.
Approval of plans; permit issuance.
(1)
If the Building Inspector determines that the building will comply
in every respect with all ordinances and orders of the Town and all
applicable laws and orders of the State of Wisconsin, he/she shall
issue a building permit, which shall state the use to which said building
is to be put, which permit shall be kept and displayed at the site
of the proposed building. After being approved, the plans and specifications
shall not be altered in any respect which involves any of the above-mentioned
ordinances, laws or orders, or which involves the safety of the building
or the occupants, except with the written consent of the Building
Inspector.
(2)
A permit shall be issued in the name of the owner when plans and
specifications comply with all applicable laws and regulations, including
zoning and subdivision control. If plans and specifications do not
comply with all applicable laws and regulations, the Building Inspector
or Town shall refuse to issue the permit, or has the discretion to
issue a conditional permit, subject to any written orders necessary
to bring the proposed construction within compliance.
(3)
In case adequate plans are presented for part of the building only,
the Building Inspector, at his/her discretion, may issue a permit
for that part of the building before receiving the plans and specifications
for the entire building.
I.
J.
Permit lapses. A building permit shall lapse and be void unless building
operations are commenced within six months or if construction has
not been completed within 24 months from the date of issuance thereof.
K.
Revocation of permits.
(1)
The Building Inspector or the Town Board may revoke any building,
plumbing or electric permit, certificate of occupancy, or approval
issued under the regulations of this chapter and may stop construction
or use of approved new materials, equipment, methods of construction,
devices or appliances for any of the following reasons:
(a)
Whenever the Building Inspector shall find at any time that
applicable ordinances, laws, orders, plans and specifications are
not being complied with and that the holder of the permit refused
to conform after written warning has been issued to him/her.[5]
(b)
Whenever the continuance of any construction becomes dangerous
to life or property.
(c)
Whenever there is any violation of any condition or provision
of the application for permit or of the permit.
(d)
Whenever, in the opinion of the Building Inspector, there is
inadequate supervision provided on the job site.
(e)
Whenever any false statement or misrepresentation has been made
in the application for permit, plans, drawings, data, specifications
or certified lot or plot plan on which the issuance of the permit
or approval was based.
(2)
The notice revoking a building, plumbing or electrical permit, certificate
of occupancy or approval shall be in writing and may be served upon
the applicant for the permit, owner of the premises and his/her agent,
if any, and on the person having charge of construction.[7]
(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
construction operation whatsoever on the premises, and the permit
which has been so revoked shall be null and void, and before any construction
or operation is again resumed a new permit, as required by this chapter,
shall be procured and fees paid therefor, and thereafter the resumption
of any construction or operation shall be in compliance with the regulations
of this chapter. However, such work as the Building Inspector may
order as a condition precedent to the reissuance of the building permit,
or such work as he/she may require for the preservation of life and
safety, may be performed.
L.
Report of violation. Town officers shall report at once to the Building
Inspector any building which is being carried on without a permit
as required by this chapter.
M.
Display of permit. Building permits shall be displayed in a conspicuous
place on the premises where the authorized building or work is in
progress at all times during construction or work thereon.
A.
Adoption of codes.
(1)
The following Wisconsin Administrative Codes and subsequent revisions
are adopted for municipal enforcement:
(a)
Ch. SPS 316, Electrical Code.
(b)
Chs. SPS 320 to 325, Uniform Dwelling Code.
(c)
Ch. SPS 305, Licenses, Certifications and Registrations.
(d)
Chs. SPS 361 to 365, Commercial Building Code.
(e)
Ch. SPS 366, Existing Buildings.
(f)
Ch. SPS 367, Rental Unit Energy Efficiency.
(g)
Chs. SPS 381 to 387, Plumbing.
(h)
Chs. SPS 375 to 379, Buildings Constructed Prior to 1914.
(2)
Any act required to be performed or prohibited by an Administrative
Code provision incorporated herein by reference is required or prohibited
by this chapter. Any future amendments, revisions or modifications
of the Administrative Code provisions incorporated herein are intended
to be made part of this chapter to secure uniform statewide regulation
of one- and two-family dwellings in this Town. A copy of these Administrative
Code provisions and any future amendments shall be kept on file in
the Town Clerk's office.
B.
Existing buildings. The "Wisconsin Uniform Dwelling Code" shall also
apply to buildings and conditions where:
(1)
An existing building is to be occupied as a one- or two-family dwelling,
which building was not previously so occupied.
(2)
An existing structure that is altered or repaired when the cost of
such alteration or repair during the life of the structure exceeds
50% of the equalized value of the structure; said value to be determined
by the Town Assessor.
(3)
Additions and alterations, regardless of cost, made to an existing building when deemed necessary in the opinion of the Building Inspector shall comply with the requirements of this chapter for new buildings. The provisions of § 190-2 shall also apply.
(4)
Roof coverings. Whenever more than 25% of the roof covering of a
building is replaced in any twelve-month period, all roof covering
shall be in conformity with applicable sections of this chapter.
(5)
Additions and alterations. Any addition or alteration, regardless
of cost, made to a building shall be made in conformity with applicable
sections of this chapter.
C.
ADDITION
ALTERATION
DEPARTMENT
DWELLING
MINOR REPAIR
ONE- OR TWO-FAMILY DWELLING
PERSON
UNIFORM DWELLING CODE
Definitions. The following definitions shall be applicable in this
chapter:
New construction performed on a dwelling which increases
the outside dimensions of the dwelling.
A substantial change or modification other than an addition
or minor repair to a dwelling or to systems involved within a dwelling.
The Wisconsin Department of Safety and Professional Services,
formerly the Department of Industry, Labor and Human Relations.
Repair performed for maintenance or replacement purposes
on any existing one- or two-family dwelling, which does not affect
room arrangement, light and ventilation, access to or efficiency of
any exit stairways or exits, fire protection or exterior aesthetic
appearance and which does not increase a given occupancy and use.
No building permit is required for work to be performed which is deemed
minor repair.
A building structure which contains one or two separate households
intended to be used as a home, residence or sleeping place by an individual
or by two or more individuals maintaining a common household to the
exclusion of all others.
An individual, partnership, firm or corporation.
Those Administrative Code provisions, and any future amendments,
revisions or modifications thereto, contained in the following chapters
of the Wisconsin Administrative Code:
D.
Method of enforcement.
(1)
Certified inspector to enforce. The Building Inspector and his/her
delegated representatives are hereby authorized and directed to administer
and enforce all of the provisions of the Uniform Dwelling Code. The
Building Inspector shall be certified for inspection purposes by the
Department in each of the categories specified under § SPS
305.63, Wis. Adm. Code.[1]
(2)
Subordinates. The Building Inspector may appoint, as necessary, subordinates
as authorized by the Town Board.
(3)
Duties. The Building Inspector shall administer and enforce all provisions
of this chapter and the Uniform Dwelling Code.
(4)
Inspection powers. The Building Inspector or an authorized certified
agent may at all reasonable hours enter upon any public or private
premises for inspection purposes and may require the production of
the permit for any building, plumbing, electrical or heating work.
No person shall interfere with or refuse to permit access to any such
premises by the Building Inspector or his/her agent while in performance
of his/her duties.
(5)
Records. The Building Inspector shall perform all administrative
tasks required by the Department under the Uniform Dwelling Code.
In addition, the Building Inspector shall keep a record of all applications
for building permits in a book for such purposes and shall regularly
number each permit in the order of its issue. Also, a record showing
the number, description and size of all buildings erected, indicating
the kind of materials used and the cost of each building and aggregate
cost of all one- and two-family dwellings, shall be kept.
A.
Portions of State Building Code adopted. Chs. SPS 361 through SPS 366, Wis. Adm. Code (Wisconsin Commercial Building Code), are hereby adopted and made a part of this chapter with respect to those classes of buildings to which this Building Code specifically applies. Any future amendments, revisions and modifications of said Chs. 361 to 366 incorporated herein are intended to be made a part of this chapter. A copy of said Chs. 361 to 366, and amendments thereto, shall be kept on file in the office of the Town Clerk.
B.
State Plumbing Code adopted. The provisions and regulations of Ch.
145, Wis. Stats., and Chs. SPS 381 to 387, Wis. Adm. Code, are hereby
made a part of this chapter by reference and shall extend over and
govern the installation of all plumbing that is installed, altered
or repaired in the Town. Any further amendments, revisions and modifications
of said Wisconsin Statutes and Wisconsin Administrative Code adopted
by reference herein are intended to be made part of this chapter.
C.
State Electrical Code adopted.
(1)
Wisconsin
Administrative Code Ch. SPS 324 is hereby adopted by reference and
made a part of this chapter and shall apply to the construction and
inspection of new one- and two-family dwellings and additions or modifications
to existing one- and two-family dwellings.
D.
Conflicts. If in the opinion of the Building Inspector and the Town Board the provisions of the State Building Code adopted by Subsection A of this section shall conflict with the provisions of the Federal Housing Administration standards in their application to any proposed building or structure, the Inspector and/or the Town shall apply the most stringent provisions in determining whether or not the proposed building meets the requirements of this section.
A.
State code adopted. All electrical work, including the placing of
wires and other equipment, shall conform to the Wisconsin State Electrical
Code. A copy of such code shall be kept on file in the office of the
Town Clerk.
B.
Permit. No electric wiring or other equipment shall be installed
or altered without first securing a permit therefor from the Building
Inspector, except that repairs or replacements of broken or defective
sockets, switches or base receptacles may be made without a permit.
The application for such permit shall be on a form furnished by the
Building Inspector and shall state clearly the work planned, alterations
to be made and equipment and materials to be used. All later deviations
from such plan shall be submitted to and approved by the Building
Inspector.
C.
Inspection of work. After roughing in the wiring of any building
and before any such work is covered up or upon completion of any outside
wiring construction work, the person doing such work shall notify
the Building Inspector, who shall at once inspect the same. Upon completion
of such wiring, the Building Inspector shall be notified and shall
inspect the finished work. If he/she finds that the work conforms
to the State Electrical Code, he/she shall issue a certificate of
compliance, which shall contain the date and an outline of the result
of such inspection, a duplicate of which shall be filed in the office
of the Building Inspector. No such electrical equipment shall be used
until such certificate has been issued.
A.
PLUMBING
"Plumbing" defined. For the purpose of this chapter:
As defined in § 145.01(10), Wis. Stats. The construction,
connection to or alteration of any drain, soil or waste pipe to carry
domestic sewage, stormwater or industrial waste from a point three
feet outside of the foundation walls of any building to the sewer
lateral at the curb or other disposal termination, including the private
sewage disposal or treatment plant. This definition does not include
minor repairs to faucets and the removal of stoppages in soil or waste
pipes.
B.
Inspectors. The plumber in charge shall notify the Building Inspector
whenever any work is ready for inspection. All plumbing work shall
be left exposed until the Inspector has completed his/her examination
and inspection. When, in the opinion of the Building Inspector, a
test in addition to the provisions of § SPS 382.21, Wis.
Adm. Code, is necessary he/she may require a water or air test on
all or part of the installation.
C.
Applications and permits.
(1)
Application. No plumbing shall be installed in the Town without first
filing an application and receiving a permit. This shall apply to
any building located outside the limits of the Town before such building
may be connected to the Town sewer or water system. Each application
shall be approved by the Building Inspector before a permit to install
plumbing may be issued. Only licensed master plumbers may receive
such permits, except that a permit may be issued to a property owner
to install plumbing in a single-family residence which is owned and
occupied by such owner as his/her home.
(2)
Permit. A permit shall be applied for and received before excavating in any street, alley or other public way to repair, alter or install plumbing. No charge shall be made for such permit, but the applicant shall furnish a bond when street excavation are involved, pursuant to Chapter 358, Article III, of this Code.
A.
All materials, methods of construction and devices designed for use
in buildings or structures covered by this section and not specifically
mentioned in or permitted by this section shall not be so used until
approved in writing by the Wisconsin Department of Safety and Professional
Services (formerly the State Department of Industry, Labor and Human
Relations) for use in buildings or structures covered by the Wisconsin
State Building Code, except sanitary appliances, which shall be approved
in accordance with the State Plumbing Code.
B.
Such materials, methods of construction and devices, when approved,
must be installed or used in strict compliance with the manufacturer's
specifications and any rules or conditions of use established by the
Wisconsin Department of Safety and Professional Services (formerly
the State Department of Industry, Labor and Human Relations). The
data, test and other evidence necessary to prove the merits of such
material, method of construction or device shall be determined by
the Wisconsin Department of Safety and Professional Services.
A.
Whenever the Building Inspector or Town Board finds any building
or part thereof within the Town of Vinland to be, in its judgment,
so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary
or otherwise unfit for human occupancy or use and so that it would
be unreasonable to repair the same, it shall order the owner to raze
and remove such building or part thereof or, if it can be made safe
by repairs, to repair and make safe and sanitary or to raze and remove,
at the owner's option. Such order and proceedings shall be as provided
in § 66.0413, Wis. Stats.
B.
Every building and structure heretofore or hereafter erected, and
the permanent building equipment thereof, shall be kept in good repair
and safely and sanitarily maintained, and to that end the Building
Inspector may require the repair or removal of any building or structure
or part thereof which has become deteriorated, is unsanitary, has
been damaged by fire or other means, is improperly or poorly fastened,
is left open and unguarded, is deficient to exit facilities, which
constitutes a fire hazard, or is required by this chapter and now
missing; or he may issue any orders necessary to maintain the conditions
of safety and habitability required by this chapter.
C.
In case there shall be, in the opinion of the Building Inspector,
actual and immediate danger of failure or collapse of a building or
structure or portion thereof so as to endanger life or property, the
Building Inspector may cause the necessary work to be done to render
said building or structure or portion thereof temporarily safe. The
expense thereof may be recovered from the owner and may be applied
as a special charge on the owner's real estate tax bill.
D.
When a building or structure or portion thereof is in an unsafe condition
so that life is endangered thereby, the Building Inspector may order
the occupants to vacate the same forthwith and may, when necessary
for the public safety, temporarily close sidewalks, streets, buildings,
structures and places adjacent to such building or structure and prohibit
the same from being used.
The purpose of the inspections under this chapter is to improve
the quality of housing in the Town of Vinland. The inspections and
the reports and findings issued after the inspections are not intended
as, nor are they to be construed as, a guaranty. In order to so advise
owners and other interested persons, the following disclaimer shall
be applicable to all inspections under this chapter: "These findings
of inspection contained herein are intended to report conditions of
noncompliance with code standards that are readily apparent at the
time of the inspection. The inspection does not involved a detailed
examination of the mechanical systems or the closed structural and
nonstructural elements of the building and premises. No warranty of
the operation, use or durability of equipment and materials not specifically
cited herein is expressed or implied."
A.
ATTACHED PRIVATE GARAGE
DETACHED PRIVATE GARAGE
ONE-HOUR FIRE-RESISTIVE CONSTRUCTION
Definitions. As used in this chapter, the following terms shall have
the meaning indicated:
A private garage attached directly to the principal building,
or attached by means of an enclosed or open breezeway, porch, terrace
or a private garage so constructed as to form an integral part of
the principal building.
A private garage entirely separated from the principal building.
Construction which shall include the following assemblies
and materials:
B.
Footings and foundations.
(1)
(2)
Attached garages. Attached private garages, shall be provided with
the same type footings and foundations as required herein for the
principal building.
(3)
Floor surface. The floor in all private garages shall be of concrete
construction. No openings or pits in the floor shall be permitted,
except for drainage.
C.
Construction.
(1)
All private garages. Private garages shall be constructed as follows:
(a)
Load-bearing foundation walls and piers, masonry walls and partitions
shall be constructed as regulated herein, except as stated above.
(b)
Detached private garages of wood frame construction shall be
constructed with the following minimum requirements:
[1]
Studs may have a maximum spacing of 24 inches on center.
[2]
Diagonal corner bracing may be applied on the inside surface
of studs.
[3]
Corner posts may consist of two two-inch-by-four-inch studs
or a single four-inch-by-four-inch stud.
[4]
Horizontal bracing and collar beams may be two inches by six
inches with a maximum spacing of four feet on center.
(c)
Attached private garages shall be of the same type of construction
as that of the principal building and as further regulated in this
chapter.
(2)
Attached private garages. Private garages may be attached to or made
a part of residence buildings when in compliance with the following
regulations:
(a)
All walls in common with a principal building and attached private
garage shall be of not less than one-hour fire-resistive construction
on garage interior.
(b)
An attached private garage may have a door connecting directly
into the principal building, provided that the floor of that garage
is at least eight inches below the floor of such principal building.
Such door shall be a self-closing metal-clad door or solid wood door
not less than 1 3/4 inches in thickness.
A.
Demolition permit required. All persons who demolish or cause to
be demolished any structure or part of a structure larger than 400
square feet within the Town of Vinland shall apply for and obtain
a demolition permit from the Building Inspector prior to undertaking
any steps to demolish the structure.
B.
Application. An application for a razing permit to demolish all or
part of a building shall include the following information:
(1)
The name and address of the owner of the building on date of application
and, if different, on date of demolition;
(2)
The name, address and telephone number of the contractor(s) performing
the demolition work;
(3)
The date upon which demolition is to commence;
(4)
The date by which demolition shall be complete;
(5)
A list of all hazardous waste and hazardous and toxic substances
(as defined by § NR 661.03, Wis. Adm. Code, as amended from
time to time) contained in the building; a statement as to whether
the building contains asbestos [as defined by § 254.11(1),
Wis. Stats.]; and a detailed description of the method to be used
in removing, transporting and disposing of any hazardous waste, hazardous
and toxic substances, and asbestos;
(6)
A detailed description of how and where the waste materials resulting
from the demolition will be transported and disposed of (including
the description of the route to be used by trucks in hauling the waste);
(7)
A description of the method of demolition to be used; and
(8)
A description in detail of all methods to be used to prevent water
runoff and soil erosion from the site to neighboring properties and
to prevent releasing unreasonable amounts of dust from the site;
(9)
Along with the application for permit for demolition, the applicant
shall present a release from all utilities serving the property, stating
that their respective service connections and appurtenant equipment
such as meters and regulators have been removed or sealed and plugged
in a safe manner.
C.
Demolition.
(1)
The demolition shall be conducted in a manner that is safe and that
does not adversely affect the environment.
(2)
Before a building can be demolished or removed, the owner or his/her
agent shall notify all utilities having service connections within
the building, such as water, electricity, gas, sewer and other connections.
(3)
Whenever a building is demolished, the roof and each upper story
shall be taken down before the demolition of the next lower story
is begun; no material shall be placed in such a manner as to overload
any part of such building in the course of demolition; all brick,
stone, timber and structural parts of each story shall be lowered
to the ground immediately upon displacement: all dry mortar, lime,
brick dust, plaster, or other flying material shall, before and during
removal, be dampened sufficiently to prevent it from floating or being
blown into the street or on adjoining property; and all sidewalks
shall be protected by fences and scaffolds as required by this chapter
for the protection of sidewalks during the erection of buildings.
D.
Clearing and leveling the site.
(1)
The site of any demolition shall be properly cleared of debris, rubbish
and pavement and shall be properly graded and leveled to conform with
the adjoining grade of the neighboring property; and when so graded
and leveled, the site shall be seeded, sodded or treated in some other
manner acceptable to the Building Inspector so as to prevent blowing
dust, dirt or sand. Excavations remaining after demolition shall be
filled, graded and leveled off not later than 30 consecutive days
after demolition is completed.
(2)
Excavations from demolished buildings or structures shall not be
filled with any materials subject to deterioration. The Building Inspector,
upon notification by the permit holder, the owner or his/her agent,
in writing and upon forms provided by the Building Inspector for that
purpose, shall within 72 hours inspect each excavation, or part thereof,
before filling any excavation.
(3)
It shall be unlawful to fill any such excavation without inspection
and approved of the Building Inspector. Voids in filled excavations
shall not be permitted. In the event of the unavailability of the
Building Inspector to conduct an inspection within the 72 hours after
written notice; the permit holder, owner or his/her agent may retain
the services of a certified, qualified municipal inspection service
to obtain an opinion that approves filling of the excavation. Said
opinion shall be deemed a sufficient approval by the Town, provided
that a written copy of the opinion is delivered to the Town Clerk
at least 48 hours before filling of the excavation commences.
E.
Removal and disposal. Removal, transportation and disposal of all
hazardous waste, hazardous and toxic substances, and asbestos shall
be conducted in compliance with all applicable state, federal and
local statutes, ordinances and regulations. The permit holder shall
give the Building Inspector 72 hours' written notice prior to any
removal, transportation or disposal of hazardous waste, hazardous
and toxic substances, and asbestos.
F.
Miscellaneous provisions.
(1)
A snow fence or other approved barricade shall be provided as soon
as any portion of the building is removed and shall remain during
razing operations.
(2)
Razing permits shall lapse and be void unless the work authorized
thereby is commenced within six months from the date thereof or completed
within 30 days from the date of commencement of said work. Any unfinished
portion of work remaining beyond the required 30 days must have special
approval from the Building Inspector.
(3)
All debris must be hauled away at the end of each week for the work
that was done on that week. No combustible material shall be used
for backfill but shall be hauled away. There shall not be any burning
of materials on the site of the razed building.
(4)
If any razing or removal operation under this section results in,
or would likely result in, an excessive amount of dust particles in
the air, creating a nuisance in the vicinity thereof, the permittee
shall take all necessary steps, by use of water spraying or other
appropriate means, to eliminate such nuisance.
(5)
The permittee shall take all necessary steps, prior to the razing
of a building, through the employment of a qualified person in the
field of pest control or by other appropriate means, to treat the
building as to prevent the spread and migration of rodents and insects
therefrom during and after the razing operations.
A.
Basement subflooring. First-floor subflooring shall be completed
within 60 days after the basement is excavated.
B.
Fencing of excavations. The owner of any premises on which there
exists an opening or excavation (including for sewer and water lateral
excavations) which is located in close proximity to a public sidewalk
or street right-of-way as to constitute a hazard to pedestrian or
vehicular traffic shall erect a fence, wall or railing at least four
feet high between such opening or excavation and the public right-of-way
before workers leave the job site.
C.
Closing of abandoned excavations. Any excavation for building purposes
or any uncovered foundation which shall remain open for more than
three months shall be deemed abandoned and a nuisance, and the Building
Inspector shall order that unless the erection of the building or
structure on the excavation or foundation shall commence or continue
forthwith suitable safeguards shall be provided to prevent accidental
injury to children or other frequenters or that the excavation or
foundation be filled to grade. Such order shall be served upon the
owner of record or the owner's agent, where an agent is in charge
of the premises, and upon the holder of an encumbrance of record in
the manner provided for service of a summons in the circuit court.
If the owner or the holder of an encumbrance of record cannot be found,
the order may be served by posting it on the premises and make publication
in the official newspaper for two consecutive publications at least
10 days before the time for compliance stated in the order commences
to run. Such time shall be not less than 14 nor more than 20 days
after service. If the owner of the land fails to comply with the order
within the time required, the Building Inspector shall cause the excavation
or foundation to be filled to grade. The cost of such abatement shall
be charged against the real estate and entered on the next succeeding
tax roll as a special charge and shall bear interest at a rate established
by the Town Board from the date of the report by the Building Inspector
on the cost thereof, pursuant to the provisions of § 66.0627,
Wis. Stats.
D.
Fill dirt. Fill dirt used at a site shall be graded within four weeks.
A.
General requirements.
(1)
No person shall move any building or structure greater than 200 square
feet upon any of the public ways of the Town of Vinland without first
obtaining a permit therefor from the Building Inspector and upon the
payment of the required fee. Every such permit issued by the Building
Inspector for the moving of a building shall designate the route to
be taken, the conditions to be complied with and shall limit the time
during which said moving operations shall be continued. No building
or structure of any type can be parked or temporarily stored in the
Town for a period of more than 72 hours without the issuance of a
permit hereunder before the building or structure is moved into Town.
All buildings or structures that are moved into the Town must be made
ready for occupancy within one year of the issuance of the permit.
(2)
A report shall be made by Town employees with regard to possible
damage to trees. The estimated cost of trimming, removal and replacement
of public trees, as determined by the Town, shall be paid to the Town
Clerk prior to issuance of the moving permit.
(3)
Issuance of moving permit shall further be conditioned on approval
of the moving route by the Town Board.
B.
Moving damaged buildings. No building shall be repaired, altered
or moved within or into the Town 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 Town. Furthermore,
if the equalized assessed value of the building is not within 20%
of the surrounding buildings where the building is proposed to be
moved to, no permit shall be granted unless the building is improved
to be within the 20%. Such determination shall be made by the Building
Inspector, who may seek a recommendation from the Town Assessor.
C.
Continuous movement. The movement of buildings shall be a continuous
operation during all the hours of the day and at night, until such
movement is fully completed. All such operations shall be performed
with the least possible obstruction to thoroughfares. No building
shall be allowed to remain overnight upon any street crossing or intersection
or so near thereto as to prevent easy access to any fire hydrant or
any other public facility. Lights shall be kept in conspicuous places
at each end of the building during the night.
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 inspect the
streets, highways and curbs and gutters over which said building has
been moved and ascertain their condition. If the removal of said building
has caused any damage to any street or highway, the person to whom
the permit was issued shall forthwith place them in as good repair
as they were before the permit was granted. On the failure of said
permittee to do so within 10 days thereafter to the satisfaction of
the Town Board, the Town shall repair the damage done to such streets
and hold the person obtaining such permit and the sureties on his/her
bond responsible for the payment of the same.
E.
Conformance with code. No permit shall be issued to move a building
within or into the Town and to establish it upon a location within
the said Town 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 chapter 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/she
shall make a finding of fact to the effect that all such repairs,
improvements and remodeling are in conformity with the requirements
of this chapter and that, when the same are complete, the building
as such will so comply with said Building Code. In the event a building
is to be moved from the Town 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 the Town, the party applying therefor shall give a bond to the
Town of Vinland in a sum to be fixed by the Building Inspector and
which shall not be less than $50,000, said bond to be executed by
a corporate surety or two personal sureties to be approved by the
Town Board or designated agent, conditioned upon, among other things,
the indemnification to the Town 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 Town 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 exposed excavation such as to make intrusion upon the premises and the falling into such excavation of children under 12 years of age unlikely, the bond required by Subsection 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 $500,000 and for one accident,
aggregate not less than $1,000,000, together with property damage
insurance in a sum not less than $500,000, or such other coverage
as deemed necessary.
H.
Town Board approval.
(1)
No such permit shall be issued unless it has found as a fact by the Town Board, 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 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 in the character of the applicable district established by the zoning ordinances of the Town or any ordinance amendatory thereof or supplementary thereto as to cause a substantial depreciation of 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/she shall submit, with his/her 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 cash bond to the Town Board, which shall not be less than $50,000, to be executed in the manner provided in Subsection F hereof, to the effect that he/she will, within a time to be set by the Town Board, complete the proposed exterior alterations to said building in the manner set forth in his/her 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 Town. No certificate of occupancy shall be issued for said building until the exterior alterations proposed to be made have been completed.[1]
(2)
Upon application being made to the Building Inspector, he/she shall request a meeting of the Town Board to consider application for moving permits which he/she has found comply in all respects with all other ordinances of the Town. The Town Board 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 Town Board shall, in writing, make or refuse to make the finding required by Subsection H(1) hereof and file it in the office of Town Clerk, who shall send a copy of it to the Building Inspector.
A.
Permit fees. Before receiving a building permit, the owner or his/her
agent shall pay to the Town of Vinland permit fees as established
by resolution of the Town Board.
B.
Fees statement. The Building Inspector or Town shall issue a statement
of required fees, which shall be filed with the Town Treasurer for
payment thereof made by the applicant. The applicant shall present
to the Building Inspector or Town the receipt of the Town Treasurer,
showing the payment of all required fees, and shall thereupon be issued
the permit.
C.
Penalty for no permit. In the event work is commenced prior to obtaining
a building permit, all fees shall be doubled.
If any section, clause, provision or portion of this chapter,
or of the Wisconsin Administrative Code adopted by reference, is adjudged
unconstitutional or invalid by a court of competent jurisdiction,
the remaining provisions shall not be affected.
A.
Any building or structure hereafter erected, enlarged, altered or repaired or any use hereafter established in violation of the provisions of this chapter shall be deemed an unlawful building, structure or use. The Building Inspector shall promptly report all such violations to the Town Board and Town Attorney, who shall bring an action to enjoin the erection, enlargement, alterations, repair or moving of such building or structure or the establishment of such use of buildings in violation of this chapter or to cause such building, structure or use to be removed, and such violation may also be subject to a penalty as provided in the general penalty provisions of this Code (see § 1-4). In any such action, the fact that a permit was issued shall not constitute a defense, nor shall any error, oversight or dereliction of duty on the part of the Building Inspector or other Town officials constitute a defense. Compliance with the provisions of this chapter may also be enforced by injunctional order at the suit of the owner or owners of any real estate within the jurisdiction of this chapter.[1]
B.
Correction of noncompliance or violation.
(1)
If an inspection reveals a noncompliance with this chapter or the
Uniform Dwelling Code, the Building Inspector shall notify the applicant
and the owner, in writing, of the violation to be corrected. All cited
violations shall be corrected within 30 days after written notification
unless an extension of time is granted pursuant to § SPS
320.21, Wis. Adm. Code.
(2)
If, after written notification, the violation is not corrected within
30 days, a stop-work order may be served on the owner or his or her
representative and a copy thereof shall be posted at the construction
site. Such stop-work order shall not be removed except by written
notice of the Building Inspector after satisfactory evidence has been
supplied that the cited violation has been corrected.
(3)
Each day each violation continues after the thirty-day written notice
period has run shall constitute a separate offense. Nothing in this
chapter shall preclude the Town from maintaining any appropriate action
to prevent or remove a violation of any provisions of this chapter
or the Uniform Dwelling Code.
(4)
If any construction or work governed by the provisions of this chapter
or the Uniform Dwelling Code is commenced prior to the issuance of
a permit, double fees shall be charged.
C.
Any person feeling aggrieved by an order or a determination of the
Building Inspector may appeal from such order or determination to
the Board of Appeals. Those procedures customarily used to effectuate
an appeal to the Board of Appeals shall apply.
D.
Except as may otherwise be provided by the statute or ordinance,
no officer, agent or employee of the Town of Vinland charged with
the enforcement of this chapter shall render himself/herself personally
liable for any damage that may accrue to persons or property as a
result of any act required or permitted in the discharge of his/her
duties under this chapter. Any suit brought against any officer, agent
or employee of the Town as a result of any act required or permitted
in the discharge of his/her duties under this chapter shall be defended
by the legal representative of the Town until the final determination
of the proceedings therein.
