[2-17-2015; 2016 Code]
This chapter shall be known as the BUILDING CODE OF THE CITY
OF MONROE and shall be cited as such.
[2-17-2015; 2016 Code]
This chapter provides certain minimum requirements for safe
and stable design methods and construction and uses of materials,
for electrical installations, for plumbing installations and for heating,
ventilating and air conditioning installations in buildings or structures
constructed, enlarged, altered, repaired, moved, converted to other
uses or demolished, and to regulate the equipment, maintenance, use
and occupancy of all buildings or structures. The provisions of this
code shall supplement laws of the state of Wisconsin and regulations
of the Wisconsin administrative code.
[2-17-2015; 2016 Code]
No building, structure or premises shall be constructed, enlarged,
altered, repaired, demolished or removed, nor shall the equipment
of a building or structure or premises be constructed, installed,
altered, repaired or removed except in conformity with this chapter.
[2-17-2015; 2016 Code]
The following chapters of the Wisconsin administrative code
are hereby adopted by reference, including amendments, additions and
recodifications thereto:
SPS 305 (Licenses, certifications and registrations)
SPS 316 (Electrical code)
SPS 320-325 (Uniform dwelling code)
SPS 361-366 (Wisconsin commercial building codes)
SPS 381-387 (Plumbing code)
[2-17-2015; 2016 Code]
When the use of a building or structure is changed and the requirements
for the new use are more stringent than those for the previous use,
then the building or structure shall be made to comply with the new
use as provided in this chapter.
[2-17-2015; 2016 Code]
It shall be unlawful for any person to maintain, occupy or use
a building or structure, or part thereof, that has been constructed,
enlarged, altered or repaired in violation of this chapter.
[2-17-2015; 2016 Code; 12-20-2021]
No building, structure or driveway, or any part thereof shall
be constructed, enlarged, altered, repaired, moved on to a site or
demolished within the City, or permanent building equipment installed,
unless a permit therefor shall first be obtained from the building
inspector by the owner or the owner's agent. No building permit
is required for work to be performed which is minor repair or minor
maintenance of a building or structure. Work consisting only of maintenance
or repair the cost of materials for which is less than $1,000 and
which does not change the occupancy, area, structural strength, fire
protection, exits, lights, sanitation or ventilation of a building
or structure shall be presumed to be minor repair or minor maintenance.
Any person desiring a permit required by this chapter shall file an
application in writing on a form to be furnished by the building inspector
for that purpose. The application shall be made by the owner, the
owner's agent, or the architect, engineer or builder employed
in connection with the proposed work.
(A)
Format of plans and specifications. Plans and specifications shall
be submitted both in printed form and electronically in portable document
format [PDF]. Three complete printed sets of identical plans and specifications
shall be submitted. The building inspector may waive the requirement
that plans and specifications be submitted electronically in PDF if
the applicant demonstrates that submission electronically is not reasonably
possible.
(B)
Time limit for issuance of permit. Except as otherwise provided in
this chapter, upon submission of all material required by this section,
the building inspector shall not be required to issue the requested
permit before the expiration of the following periods:
(1)
Normal processing. Five days, exclusive of weekends and legal
holidays.
(2)
Expedited processing. Two days, exclusive of weekends and legal
holidays, if the applicant has paid the required fee for expedited
processing. The fee for expedited processing shall be the normal permit
fee multiplied by 1.5.
[2-17-2015; 2016 Code; 12-20-2021]
The building inspector shall conduct plan examinations for buildings,
structures and driveways, except state-owned buildings and structures,
if the plans are for:
(A)
A new building or structure containing less than 50,000 cubic feet
of total volume;
(B)
An addition to a building or structure where the area of the addition
results in the entire building or structure containing less than 50,000
cubic feet of total volume;
(C)
An addition to a building or structure containing no more than 2,500
square feet of total floor area and no more than one floor level,
provided the largest roof span does not exceed 18 feet and the exterior
wall height does not exceed 12 feet;
(D)
An alteration of a space involving less than 100,000 cubic feet of
total volume; or
(E)
Any commercial or residential driveway that will be altered, expanded,
replaced or installed.
[2-17-2015; 2016 Code]
After the application, plans and specifications filed by an
applicant for a permit have been checked by the building inspector
and have been found to be in conformity with the requirements of this
chapter, the zoning regulations of the city and all other applicable
laws, the building inspector shall upon payment of the required fee
stamp or endorse in writing on the plans and specifications his or
her approval and issue a permit for the construction.
(A)
Approved plans and specifications. One set of approved plans and
specifications shall be retained by the building inspector and two
sets of approved plans and specifications shall be returned to the
applicant. One of the applicant's sets of approved plans and specifications
shall be kept on the site of the work at all times during which the
work is in progress and shall be open to inspection by authorized
inspectors.
(B)
Posting of permit card. The building inspector shall issue a permit
card properly filled out with every permit issued. The applicant shall
post the permit card in a conspicuous place on the building, structure
or premises where the work is being done, unobstructed from the public
view.
(C)
Written consent required for change. Approved plans and specifications
shall not be changed in any respect which may involve any provision
of this chapter except with the written consent of the building inspector.
(D)
Validity. The issuance of a permit shall not prevent the building
inspector from requiring the correction of errors in the plans and
specifications nor from ordering a stop to work being carried on in
violation of this chapter or applicable law.
(E)
Staking. The lot, block or tract and the location of the buildings
or structures thereon shall be staked out on the ground before construction
is commenced.
(F)
Access to construction site. The building inspector shall, as a condition
of the issuance of a permit required by this chapter, have the right
to enter the premises for which said permit is issued at any reasonable
time during the work and until final inspection and approval thereof
has been given, to inspect said premises and its compliance with all
regulations relating to the construction, repair, use, and location
of buildings or structures.
[2-17-2015; 2016 Code]
(A)
Residential. The term of permit for uniform one-and two-family dwellings
and manufactured buildings or dwellings shall be two years.
(B)
Other: Every permit not covered under subsection (A) of this section
shall expire if the work authorized by the permit is not commenced
within 12 months from the date of the permit. If any work in progress
is suspended or abandoned for 12 months, the permit shall expire regardless
of when the work was initially commenced. Before the work can be resumed,
a new permit shall be obtained.
[Amended 11-18-2019]
[2-17-2015; 2016 Code]
(A)
Double fees. In addition to any other penalty for a violation of
this chapter, a person who proceeds with work for which a permit is
required under this chapter before obtaining a permit shall pay twice
the fee otherwise required by this chapter. The payment of a double
fee shall not relieve any person from any of the requirements of this
chapter.
(B)
Duty of police officers. It shall be the duty of all police officers
to report at once to the building inspector any work for which a permit
is required by this chapter and for which the required permit has
apparently not been obtained.
[2-17-2015; 2016 Code]
Buildings and structures and the lot or premises on which they
are placed shall be inspected by the building inspector or his or
her designee at such time and in such manner as may be necessary to
secure compliance with the laws, rules, orders and approved plans
applicable thereto.
(A)
Progress inspections. The following progress inspections are the
minimum required at each permitted project unless waived by the building
inspector:
(1)
Erosion control inspection. Erosion control inspections shall
be performed concurrently with all other required construction inspections.
(2)
Foundation footing and excavation inspection. The excavation
for the foundation shall be inspected after the placement of any forms
or required reinforcement and before the placement of the permanent
foundation material.
(3)
Foundation reinforcement inspection. The placement of reinforcement
shall be inspected where the reinforcement is required for code compliance.
(4)
Foundation inspection. The foundation shall be inspected after
completion. Where damp proofing, exterior insulation or drain tile
are required for code compliance, the foundation shall be inspected
before backfilling.
(6)
Insulation inspection. An inspection shall be made of the insulation
and vapor retarders after they are installed but before they are concealed.
(B)
Final inspection. All buildings, structures or additions and alterations
thereto shall have final inspection upon completion and before occupancy,
except as provided in this chapter. If, on the final inspection no
violation of this or any other code, law or order is found, the fact
shall be so certified to by the zoning administrator and building
inspector, who shall thereupon issue a certificate of occupancy, stating
the purpose for which the building is to be used. No building or part
thereof shall be occupied until such final inspection is conducted
and certificate has been issued except with the written consent of
the building inspector, nor shall any building be occupied in any
manner which conflicts with the conditions set forth in the certificate
of occupancy. The certificate of occupancy may be waived for accessory
buildings and structures, small additions, minor alterations or those
projects where no zoning code requirements are affected.
(C)
Inspection requests. Inspection requests under this chapter shall
be made in writing or orally by the permit holder or his or her authorized
agent when the work is ready. The building inspector or his or her
designee, shall perform the requested inspection by the end of the
second business day following the day of notification, not including
Saturday, Sunday or legal holidays, and upon completion of such inspection
shall either approve that portion of the construction as completed
or shall notify the permit holder or his or her agent that the same
fails to comply with the code and the nature of any deficiency. Construction
may proceed if the inspection has not taken place within the required
time span.
(D)
Electrical inspections in public buildings and places. Under section
SPS 316.920(2) of the Wisconsin administrative code, the city shall
exercise jurisdiction over the inspection of electrical construction
in public buildings and places of employment.
[2-17-2015; 2016 Code]
(A)
New construction. It shall be unlawful for an owner to use or permit
the use of any building or structure or part thereof constructed,
enlarged, altered, repaired, or moved, until a certificate of occupancy
shall have been issued by the building inspector. Such certificate
shall show that such building or structure, or part thereof, and the
proposed use thereof are in conformity with the provisions of this
chapter and any other regulations of the city.
(B)
Change of use. The use or occupancy of any building or structure
shall not be changed until a certificate of occupancy permitting the
new use or occupancy is issued by the building inspector when the
new occupancy is such as to require alterations or repairs of the
building or structure, as specified in this chapter. No such certificate
of occupancy shall be issued unless the building or structure shall
comply with the requirements of this chapter and any other codes of
the city governing the use and occupancy of buildings or structures.
[2-17-2015; 2016 Code]
(A)
Enforcement. The building inspector is hereby authorized and directed
to enforce all of the provisions of this chapter.
(B)
Right of entry. The building inspector or his or her authorized representative
may enter any building or structure during reasonable hours to perform
his or her duties and responsibilities under this chapter or to prevent
violations of this chapter, upon presentation of proper credentials.
(C)
Work stoppage. Whenever any work is being done contrary to the provisions
of this chapter, or in an unsafe, unworkmanlike or dangerous manner,
the building inspector may order the work stopped by notice in writing
served on any person engaged in the doing or causing such work to
be done, and any such person shall immediately stop such work until
authorized by the building inspector to recommence and proceed with
the work.
(D)
Unlawful use of building or structure. Whenever any building or structure
or portion thereof is being used or occupied contrary to the provisions
of this chapter, the building inspector shall order such use or occupancy
discontinued, and the building or structure 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 structure
or portion thereof within 10 days after receipt of such notice, or
make the building or structure or portion thereof comply with the
requirements of this chapter.
(E)
Condemnation of building or structure. Any building or structure
or portion thereof which violates the provisions of this chapter,
due to removal, decay, deterioration of any appliance, device or requirement
originally required by this chapter, or which has become damaged by
the elements or fire to an extent of 50 percent of its assessed valuation
may be condemned by the building inspector.
(F)
Exposure of structural frame. The building inspector may order portions
of the structural frame of a building or structure to be exposed for
inspection when in his or her opinion they are in an unsafe condition.
(G)
Notice. The building inspector shall serve notice in writing on the
owner, reputed owner or person in charge of any building or structure
found to be unsafe, setting forth what must be done to make such building
or structure safe.
(H)
Correction of deficiencies. The person receiving such notice shall
commence work within 48 hours to make the changes, repairs or alterations
set out in such notice and diligently proceed with such work or demolish
the building or structure. No such building or structure shall be
occupied or used for any purpose after the building inspector serves
written notice of its unsafe and dangerous condition until the instructions
of the building inspector have been complied with.
(I)
Failure to comply. If at the expiration of the time as set forth
in the first notice, the instructions as stated have not been complied
with, a second notice shall be served personally upon the owner, his
or her agent or the person in possession, charge or control of such
building or structure or part thereof; stating such precautionary
measures as may be necessary or advisable to place such building or
structure or part thereof in a safe condition. Should the necessary
changes not be made within 30 days after service of such second notice,
the building inspector shall begin an appropriate action or proceeding
at law or in equity to restrain, correct or remove such violations
and compel compliance. In case of emergency or where such second notice
has not been complied with, the building inspector may proceed with
the work specified in such notice, and cause the cost of same to be
paid and levied as a lien against the property.
[2-17-2015; 2016 Code]
The restrictions of the zoning regulations of this code with
respect to the location of trade and industries, the use and occupancy
of buildings or structures, the height and bulk of buildings or structures,
and the areas of yards, courts and other open spaces, shall not be
considered 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.
[2-17-2015; 2016 Code]
(A)
General. Except as otherwise provided in this section, no part of
a building or structure erected or enlarged shall project beyond a
street line or a building or structure line.
(B)
Projections removable. A part of a building or structure permitted
to project beyond a street line or building or structure line shall
be so constructed that its removal may be made without causing the
building or structure to become structurally unsafe.
(C)
Structural support. No part of a building or structure or of an enlargement
of a building or structure that is necessary for structural safety
shall project beyond the property line or building or structure line,
but this shall not prohibit the projection of the footings of street
walls beyond the street line or beyond the building or structure line
within the street line, to the extent of not more than 12 inches.
(D)
Permissible projections. Under the conditions and limitations prescribed
in this section the following projections shall be permissible:
(1)
No person shall erect, repair or maintain any awning over any
sidewalk or street within the city, contrary to any of the provisions
of this section. No person shall erect or repair any awning over the
sidewalk or street without first obtaining a permit from the building
inspector.
(2)
Any awning framework shall be at least 7 1/2 feet in height,
above the highest point of the walk. The lowest point of flap or fringe
of such awning shall at no point be less than 7 feet above the sidewalk
immediately beneath it, and shall not extend closer than two feet
from the inner curb line. Wooden awnings shall not be installed in
the fire district, except that "Swiss type" or similar awnings may
be permitted by the building inspector.
(3)
Marquees at entrances to buildings or structures may extend
beyond the building or structure line and across the sidewalk to within
two feet of the curb line, provided that they are not less than 10
feet above the curb level at all points, and, within the fire limits,
are constructed of incombustible materials. They shall be securely
supported from the building or structure, and shall be properly drained.
(4)
Cornice moldings, belt courses, lintels, sills, architraves,
pediments and similar projections of a decorative character may extend
beyond the building or structure line not more than four inches when
they are 10 feet or more above curb level. The only exception to the
above shall be for "Swiss type" or similar fronts which shall not
extend beyond the building or structure line more than 30 inches.
(5)
Entrance doors on streets and alleys shall be hung so as not
to project, when fully opened, beyond the building or structure line
without a permit authorized by the board of public works.
(6)
Fire escapes and balconies to fire towers or other required
exits, constructed of steel or other incombustible material, when
required, shall not project beyond the property line on streets, alleys
and public grounds, including municipal parking areas unless impractical
to do otherwise, and with permission of board of public works.
(7)
Areas projecting beyond the building or structure line which
are to be entirely below the sidewalk level may be installed only
by permission from the board of public works.
(E)
Limitations. Nothing in this section shall be construed to authorize
a projection beyond the property line or building or structure line
that is prohibited by the zoning regulations of this code or by any
other law.
(F)
Alterations. No change or enlargement shall be made to a part of
a building or structure projecting beyond the property line except
in conformity with the provisions of this section for new construction.
(G)
Encroachments. Parts of buildings or structures which project beyond
the property line or building or structure at the time this chapter
becomes law may be maintained as constructed until their removal is
directed by the city.
[2-17-2015; 2016 Code]
It shall be unlawful to allow downspouts or rainwater leaders
from roof gutters to spill the water in such manner as to overflow
the adjacent property. Anyone causing or allowing such condition to
exist shall, upon notice in writing, cause such condition to be corrected
within 10 days after receiving such notice.
[2-17-2015; 2016 Code]
(A)
Generally accepted good practice required. Design of structural members
and workmanship in the fabrication and preparation of materials, and
their installation, shall conform to generally accepted good practice.
This chapter shall be controlling, but shall not suspend or supersede
other requirements of good practice which shall be regarded as supplementing
the requirements of this chapter. Except as may be otherwise provided
in law or this chapter, the standards of federal or state agencies,
national technical organizations, or fire underwriters shall be considered
generally accepted good practice.
(B)
Working stresses. All parts of buildings and structures, dwellings
and accessory buildings or structures shall be so designed that the
safe stresses of the materials used are not exceeded.
(C)
Details and connections. All members shall be so framed, tied and
braced as to develop the strength and rigidity necessary for the purpose
for which they may be used. No member shall be stressed beyond the
strength of its details and connections.
[2-17-2015; 2016 Code]
Whenever in the opinion of the building inspector it is necessary
for the protection of the public, the owner or contractor shall erect
a roofed passageway in front of every building or structure to be
constructed, altered or repaired on or near the lot line of any street.
Such passageway shall extend over the sidewalk for a distance of not
less than six feet and shall have a clearance of seven feet, and shall
be approved by the building inspector.
[2-17-2015; 2016 Code]
(A)
Every building or structure shall be kept in good repair to maintain
the conditions of safety and habitability prescribed by this chapter,
or the housing and property maintenance code.
(B)
Every building or structure that may be damaged by fire or otherwise
shall be examined by the building inspector before a permit is issued
to repair or replace the same, and such parts of said building or
structure as in his or her opinion are unsafe or damaged to an extent
that will impair the safety of the reconstructed building or structure,
shall be taken down.
[2-17-2015; 2016 Code]
(A)
A building or structure is or becomes dangerous or unsafe shall,
unless made safe and secure, be taken down and removed.
(B)
A building or structure declared structurally unsafe by the building
inspector may be restored to safe condition; provided, that if the
cost of reconstruction or restoration is greater than 50 percent of
the assessed valuation of the building or structure exclusive of foundations,
such building or structure, exclusive of foundations, if reconstructed
or restored, shall be made to conform with respect to materials and
type of construction to the requirements for construction of new buildings
and structures.
(C)
Upon receipt of information that a building or structure or part
thereof is dangerous to life, health or adjoining property, by reason
of bad conditions, defective construction, overloaded floors, decay,
lack of guards against fire, general dilapidation or other cause,
the building inspector shall make or cause to be made an inspection
and if it is found that an unsafe condition exists, he or she shall
serve or cause to be served on the owner or some one of the owners,
executors, administrators, agents or lessees or other persons who
may have a vested or contingent interest in the same a written notice
containing a description of the building or structure found to be
unsafe, a statement of particulars in which the building or structure
is unsafe, and an order requiring the same to be made safe and secure
or removed as in the judgment of the building inspector may be necessary;
and he or she shall affix a notice of such order by placing a card
with the inscription "This building cannot be used for human habitation,
occupancy or use" in a conspicuous place on the outside wall of the
building or structure, and no person shall remove or deface such notice.
The owner or person upon whom such notice was served shall thereupon
immediately cause the same to be made safe or to be removed, as ordered;
and if any such building or structure is used for any purpose requiring
a license, the building inspector may cause such license to be revoked
until the building or structure is made safe to comply with the requirements
of this chapter.
(D)
If the person served with a notice or order to remove or repair an
unsafe building or structure shall fail, within a reasonable time,
to comply with the requirements thereof, or where the public safety
requires immediate action, the building inspector may enter upon the
premises, with such assistance as may be necessary, and cause the
building or structure to be made safe or to be removed, and the cost
of such work may be recovered by the city in an action against the
owner or tenant or cause the same to be paid and levied as a lien
against the property.
[2-17-2015; 2016 Code]
(A)
Demolition permit required.
(1)
No person, or his or her agent or servant, shall demolish or
cause to be demolished any building, structure or part thereof without
first obtaining a permit from the building inspector.
(2)
Whenever a building or structure shall be demolished, the roof
and each upper story shall be taken down before the demolition of
the next lower story is begun, and no material shall be placed in
such manner as to overload any part of such building or structure
in the course of demolition, and all brick, stone, timber and structural
parts of each story shall be lowered to the ground immediately upon
displacement, and all dry mortar, mortar, lime, brick dust 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 or structures.
(3)
The building site of any building or structure that has been
demolished shall be properly cleared of all debris and rubbish and
shall be properly graded and leveled off to conform with the adjoining
grade of the neighborhood, or fenced in with one inch by six inch
solid board fence post less than six feet in height.
(B)
Razing of buildings or structures. The provisions of subsection (2)
of section 66.0413 of the Wisconsin statutes are hereby adopted by
reference. The building inspector, chief of the fire department and
city attorney are hereby designated as the officers to carry out the
provisions hereof.
[2-17-2015; 2016 Code]
Any person aggrieved by a decision of the building inspector
may appeal the decision to the council. A two-thirds vote of the alderpersons
present shall be necessary to reverse the decision of the building
inspector.
[2-17-2015; 2016 Code]
Fees for plan examination and for issuance of any permit required
by this chapter shall be set by resolution of the council. All city
departments and agencies shall be exempt from the payment of fees
required by this chapter. Notwithstanding the forgoing fees required
by this chapter shall be paid for plan examination and for issuance
of any permit for work performed by the housing authority, water utility,
storm water utility or wastewater treatment plant.
[2-17-2015; 2016 Code]
Any person who violates any part of this chapter shall upon
conviction be subject to a Class 2 forfeiture. A separate offense
exists for each calendar day during which a violation occurs or continues.
