Where the provisions of this article conflict with provisions of preceding articles of this chapter, the provisions of this article shall prevail.
A.
The required building site area for a new building shall be as follows:
Square Footage Requirements | |||
|---|---|---|---|
Families | Basement | Bedrooms | Required Square Feet |
1 | Yes | 1 | 900 |
1 | No | 1 | 1,000 |
1 | Yes | 2 | 1,000 |
1 | No | 2 | 1,100 |
1 | Yes | 3 | 1,100 |
1 | No | 3 | 1,200 |
1 | Yes | 4 | 1,200 |
1 | No | 4 | 1,300 |
Tri-Level Homes | ||
|---|---|---|
Families | Bedrooms | Required Square Feet |
1 | 1 | 900 |
1 | 2 | 1,000 |
1 | 3 | 1,100 |
1 | 4 | 1,200 |
Multiple-Family Units | ||
|---|---|---|
Basement | Bedrooms | Required Square Feet per Family Unit |
Yes | 1 | 700 |
No | 1 | 800 |
Yes | 2 | 900 |
No | 2 | 1,000 |
Yes | 3 | 1,000 |
No | 3 | 1,100 |
One-and-One-Half- and Two-Story Single-Family Homes | |||
|---|---|---|---|
Basement | Bedrooms | First Floor Required Square Feet | Total Required Square Feet |
Yes | 2 | 900 | 1,100 |
No | 2 | 1,000 | 1,200 |
Yes | 3 | 900 | 1,300 |
No | 3 | 1,000 | 1,400 |
B.
Before the second floor area can be considered as square footage for building size requirements for one-and-one-half- and two-story single-family homes, the following conditions must be met:
(1)
A finished stairway to the second floor must be provided.
(2)
Rough flooring must be installed on the second floor.
(3)
The plan must provide for a finished ceiling height of seven feet six inches in the livable portion of the second floor area, and only such second floor area as provides such seven feet six inches ceiling height shall be considered as area for the minimum square feet building requirements.
(4)
Initial construction shall provide for finished rooflines and window openings.
(5)
The first floor ceiling joist shall be two feet by eight feet minimum.
C.
Measuring. In measuring square footage for a split-level residence, all areas without a living area beneath shall be used in computing the first-floor area. Garages and breezeways shall not be included in any computation. When the structure shall be composed of living quarters as well as a business area attached thereto, the gross floor space of said living quarters shall contain an area of at least 1,100 square feet and the business portion of said structure shall contain an additional 300 square feet, and the arrangement of said space shall be subject to the approval of the Building Inspector and the Building Board.
A.
State code. The definitions and standards of the Department of Safety and Professional Services in the Wisconsin Administrative Code, so far as applicable, are adopted by reference and made part of this section. A violation of the standards imposed by the Wisconsin Administrative Code shall be a violation of this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
Fire limits in areas zoned B-1, B-2 and M-1. Those parcels within the Village of Hales Corners zoned B-1, B-2 and M-1 are hereby declared to be included within the fire limits. Nothing herein contained shall be construed as permitting or authorizing the erection, construction, alteration or moving of any building or structure as defined in the Wisconsin Administrative Code within said fire limits of the Village except as hereinafter provided. All new buildings within the fire limits shall be of Fire Resistive Type A (No. 1); Fire Resistive Type B (No. 2); Metal Frame - Protected (No. 3); Heavy Timber (No. 4); Exterior Masonry (No. 5); or Metal Frame - Unprotected (No. 6), except as permitted on those parcels zoned B-2 meeting the setback requirements of Subsection C listed below.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
New buildings: B-2 requirements. All new buildings within the Village of Hales Corners zoned B-2, having minimum side yards of 15 feet for interior lots, and having a minimum side yard of 10 feet toward the street and 15 feet toward the interior side for corner lots, shall be of Wood Frame - Unprotected (No. 8) or better.
D.
Buildings: B-1 requirements. Any new building constructed in B-1 which meets the setback requirements of Subsection C above, or any remodeling of existing buildings in B-1, which contain or install a sprinkler system throughout, in accordance with Chapter 233, Fire Prevention, Protection and Control, § 233-29, Automatic fire sprinkler protection, shall be permitted to build or alter in accordance with construction requirements of Wood Frame - Unprotected (No. 8) or better. It is the intent of this subsection that any new building of frame construction in B-1 must have a setback in accordance with Subsection C and must have an automatic sprinkler system throughout as defined in § 233-29; and any remodeling of an existing building irrespective of class of construction may be remodeled using said wood frame construction if the entire building is automatically sprinkled throughout as defined in § 233-29. These requisites shall apply to all buildings of 2,500 square feet or more.
E.
Classes of construction.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1)
Fire Resistive Type A (No. 1). A building is of fire-resistive construction if all the walls, partitions, piers, columns, floors, ceilings, roof and stairs are built of noncombustible material with a fire-resistive rating as specified in the Wisconsin Administrative Code.
(2)
Fire Resistive Type B (No. 2). A building is of fire-resistive construction if all the walls, partitions, piers, columns, floors, ceilings, roof and stairs are built of noncombustible material with a fire-resistive rating as specified in the Wisconsin Administrative Code.
(3)
Metal frame - Protected (No. 3). A building is of metal frame protected construction if the structural parts and enclosing walls are of metal, or metal in combination with other noncombustible materials, with the resistance ratings as set forth in the Wisconsin Administrative Code.
(4)
Heavy Timber (No. 4). A building is of heavy timber construction if the structural frame consists of heavy timber or heavy timber in combination with metal, reinforced concrete or masonry. The structural and enclosing wall shall be as set forth in the Wisconsin Administrative Code.
(5)
Exterior Masonry (No. 5). A building is of exterior masonry construction if all enclosing walls are constructed of masonry or reinforced concrete with fire-resistive ratings as set forth in the Wisconsin Administrative Code.
(6)
Metal frame - Unprotected (No. 6). A building is of a metal frame unprotected construction if the enclosing walls are of unprotected metal or unprotected metal in combination with other noncombustible materials and all building elements are as set forth in the Wisconsin Administrative Code, unless otherwise exempted.
(7)
Wood frame - Protected (No. 7). A building is of wood frame protected construction if the structural parts and enclosing walls are of protected wood, or protected wood in combination with other materials, with fire-resistive ratings as set forth in the Wisconsin Administrative Code. If such enclosing walls are veneered, or encased or faced with stone, brick, tile, concrete, plaster or metal, the building is also termed a "wood frame protected" building.
(8)
Wood frame - Unprotected (No. 8). A building is of wood frame unprotected construction if the structural parts and enclosing walls are of unprotected wood, or unprotected wood in combination with other materials. If such enclosing walls are veneered, encased or faced with stone, brick, tile, concrete, plaster or metal, the building is also termed a "wood frame unprotected" building. Whenever frame construction is used in Subsection G or I of this section, it shall refer to Wood Frame - Unprotected (No. 8).
(9)
Doubtful classifications. If there is doubt as to the classification within which a given dwelling or other structure falls, the Building Inspector shall determine such classification.
F.
Wooden shingle or shake roofing. Wooden shingle or shake roof may be used in the fire limits if rated as "Class B Fire Retardant" as defined by Underwriters' Laboratories, Inc., and installation is made in accordance with the specifications of the manufacturer.
G.
Alterations within fire limits.
(1)
No building or structure of frame construction shall be increased in height after October 14, 1963.
(2)
After October 14, 1963, no building or structure of frame construction within the fire limits shall be extended on any side unless the construction of such extension conforms to the requirements of this code for new construction.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3)
Subject to the limitations herein contained, nothing in this section shall prohibit other alterations within the fire limits. Minor alterations, repairs and changes not covered herein may be made with the same materials of which the building is constructed.
H.
Moving frame construction in fire limits. No building of frame construction shall be moved into the fire limits, nor from place to place within the fire limits, nor relocated on the same lot within the fire limits.
I.
Exceptions. Nothing herein shall prohibit within the fire limits, and subject to the specified limitation, the erection of new buildings or structures, nor the extension or enlargement of existing buildings or structures of frame construction, as follows:
J.
Specific requirements for new buildings.
(1)
Enclosing walls. All enclosing walls of new buildings or structures within the fire limits shall be of incombustible materials.
(2)
Roofs. All roofs of new buildings shall be covered with fire-resistive materials. A roof covering shall be considered fire-resistive if made of three or more thicknesses, or ply, of approved asphalt-saturated asbestos felt, or three thicknesses, or ply, of approved asphalt- or tar-saturated rag felt with gravel, or equal surfacing, or if made of approved asphalt composition shingles, approved asbestos shingles, tin sheet iron, clay tile, concrete or other approved incombustible material.
(3)
Partitions. In new buildings of more than one story, all floors and roof joists shall be supported by incombustible bearing walls or partitions or by semifireproof partitions as defined in the Wisconsin Administrative Code, or by columns and girders. If a bearing partition is supported by a steel girder, the portion of such girder which projects below the ceiling shall be covered with metal lath and plastering or other approved fireproofing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4)
Exceptions. This subsection shall not apply to frame residences within the fire limits when such buildings do not exceed two stories in height and are occupied by not more than two families nor to private garages when such garages are erected as accessory buildings to the frame residences excepted hereunder.
(5)
Special provisions on fire prevention for multiple-family dwellings. Within areas zoned R-4, any building hereafter erected to house multiple families shall be built of Wood Frame - Unprotected (No. 8) or better, according to the definition of Wood Frame - Unprotected (No. 8) as given in the Wisconsin Administrative Code, except that the enclosing walls shall be either masonry, or masonry veneered, i.e., encased or faced with stone, brick, or tile, concrete, plaster or metal or other types of acceptable masonry veneer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
K.
Existing buildings partially destroyed by fire or decay. It shall be unlawful to repair any existing structure or building within the fire limits when such structure or building shall have been damaged by fire or decay to the extent of 50% of fair market value of such structure or building, and any structure or building so damaged shall be subject to condemnation under § 185-26A of this chapter. When such a structure or building shall have been damaged by fire or decay to any extent of less than such value, no repairs shall be made upon the same without the permission of the Building Inspector.
No permit shall be issued for the construction of adjacent dwellings unless by proper design of the front elevation and selection of materials in walls and roof a substantial degree of variation in the appearance of such adjacent dwelling is obtained.
No permit shall be issued unless the building shall be constructed on a site abutting a publicly dedicated and accepted street without the approval of the Village Board. Persons who wish to build on a private road shall petition for such approval to the Village Board, which shall fix a reasonable time for the hearing of the matter and give a public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon receipt of the petition, the matter shall be referred to the Plan Commission for its recommendation; provided, however, that the Building Inspector may issue a permit where, prior to April 2, 1958:
A.
There is a recorded easement to a public street from the building site;
B.
There is an improved and completed private thoroughfare connected to a public street from the building site; or
C.
There is a group housing plan already approved by the Plan Commission and the Village Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
This code shall not be construed to require a permit for any repairs or minor alterations which do not change the occupancy, area, structural strength, fire protection, exits, light or ventilation of the building.
No inspection fee is to be charged for any building or buildings owned by the Village. Permits shall be procured for such work.
A.
Permit. Prior to cutting any curb, a permit for such work shall be obtained from the Building Inspector, who will furnish detailed information as to just how this work is to be accomplished.
B.
Manner of making cut. Where it is necessary to cut through an existing concrete curb of a Village street to install a driveway, the old concrete pavement and curb for its full depth and for the full width of flared driveway shall be removed to a point flush with the street side of the curb. Flare shall be neatly made and to a radius of approximately two feet. Entire portion of curbing removed for purpose of flaring driveway shall be within the confines of the lot which the driveway serves unless agreeable to the adjacent property owners to extend the flare over the lot line. The exact manner of cutting and replacing the curb is shown on a sketch furnished the contractor at the time the curb permit is issued.
C.
Driveways. Driveways from the curb to a point flush with the inside edge of the main walk shall be 7 1/2 inches thick and shall be composed of one part of cement, two parts fine aggregate, and 3 1/2 parts coarse aggregate.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D.
Expansion joints. Where cement walks or driveways are built to the curbs, either at crosswalks or in front of private property, an expansion joint made up of two one-half-inch strips of asphalted felt shall be inserted.
E.
Cement walks. Public walks shall be of portland cement concrete and built to specifications on file in the office of the Village Engineer. All contractors building public walks in this Village shall conform to these specifications and to the grades for same as given by the Village Engineer. A permit shall be obtained from the Building Inspector before beginning such work. Public walks, except those built by the Village, shall be inspected by said Village, and the builder thereof shall pay the inspection charge per the Village fee schedule.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Notwithstanding the provisions of Section 30.20(2)(a) of the Wisconsin Uniform Building Code, no attached private garage shall be erected nearer than 10 feet to any adjoining residence.
Unless a preponderance of proof is submitted to the satisfaction of the Inspector that the water capacity within the immediate vicinity will not be materially depleted, no water-cooled air-conditioning units shall be allowed within the Village.
A.
Applicant to be owner. Every applicant to move a building to a new location shall be the owner of the structure to be moved and shall have an interest in the site of the proposed new location.
B.
Upon receipt of an application to move a building to a new location within the Village, the Building Inspector shall cause to be sent written notice to the neighboring property owners in the vicinity of the new location, informing them of the time and place for the hearing thereon by the Plan Commission.
A.
Building Inspector to act. The Building Inspector shall act for this Village under the provisions of § 66.0413, Wisconsin Statutes, relating to the razing of buildings. The Building Inspector shall act for this Village under said statutory provision except as to the assessment and collection of the special charge therein provided for.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
Notice. Notices required in § 66.0413, Wis. Stats., shall be published in the Village's official newspaper.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
Circuit Court action. Anyone affected by any such order may apply to the Circuit Court for an order restraining the Building Inspector from razing and removing such building or part thereof.
D.
Appeal to arbitration. If any order made by the Building Inspector in pursuance of this section is not acceptable to the owner or tenant affected thereby, such owner or tenant shall have the right of appeal, to wit: the objections to and the necessity for the reasonableness of such order may be submitted to three reputable builders, one to be chosen by the owner or the tenant to which said order of the Building Inspector applies, one chosen by the Village Board and the third by the other two, who shall act as arbitrators. If the builders so chosen are unable to agree, then the vote of a majority shall be the decision of the arbitrators. The arbitrators herein provided for shall affirm or modify the order of the Building Inspector and shall submit their decision within five days from the date of their appointment unless such time is extended by mutual agreement of such owner or tenant and the Village Board, and such decision as reported, in writing, to the Village Board shall be endorsed by said Board in the manner provided for in this section. Until the rendering of such report by the arbitrators changing or modifying the order of the Building Inspector, the order of the Building Inspector as first issued shall be in full force and effect. An election to proceed by arbitration under this subsection shall be construed as a waiver of the right to proceed by an appeal under the following subsection. When the owner or tenant requests the appointment of such arbitrators, he shall deposit with the Village Treasurer the sum of $30. If the decision of the arbitrators shall be favorable to the owner or tenant, such $30 shall be returned to him and, in said event, the Village shall pay each member of the Board of Arbitrators the sum of $10. If the decision is against the owner, the $30 paid by him shall be paid to the Board of Arbitrators in equal shares.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E.
Owner may appeal to Court. Any owner or tenant dissatisfied with any order or regulation of the Building Inspector under the provisions of this section may commence an action within 30 days after the service of such order or regulation in the Circuit Court of Milwaukee County against the Village to vacate and set aside any such order or regulation on the ground that such order is not necessary for the protection of the public as herein provided, which said action shall proceed as all other actions commenced in the Circuit Court.
No person owning, controlling, managing or occupying any building, structure or premises in this Village, whether holding a permit issued under § 185-8 or not, shall permit building rubbish or waste materials from the construction, remodeling or the making of major or minor repairs upon any building, structure or premises to accumulate, but shall promptly remove the same from such building, structure or premises or from any street, alley or public grounds upon which such building rubbish or waste material is located.
A.
If the public sewer system is available to the applicant for any permit required by this code, no permit shall be issued unless the Building Inspector is satisfied that the applicant will connect to the public sewer system.
B.
No person shall make any provision for carrying into the public sewer system water from the street, gutters, lawns, areaways, downspouts, roof of any building, overflow from cisterns, or water from any house or building foundation drain. The Building Inspector shall enforce the provisions of this section.[1]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
System established. There is hereby established a uniform system of numbering all houses and buildings fronting on all streets in the Village of Hales Corners. All even numbers shall be placed upon houses and buildings on the north side and on the east side of said streets; all odd numbers shall be placed upon houses and buildings on the south side and on the west side of said streets.
B.
Assigning and placing numbers. The Building Inspector, with the advice and assistance of the Village Engineer, has made the necessary survey and has assigned to each house and building located on any streets its respective number under this uniform system. The owner, occupant or agent shall place or cause to be placed upon each house or building controlled by him the number assigned by the Building Inspector.
C.
Size and location of numbers. All numbers placed on houses and buildings in accordance with this section shall be of ceramic material contained within an aluminum frame or durable equivalent and shall be not less than 3 1/4 inches, including background, in height, and not less than two inches in width. Such numbers shall be distinctly legible and shall be posted in a conspicuous place on the front of each house or building, so as to be easily seen and read from the public way. Multifamily buildings and commercial and industrial structures shall also meet the requirements of Chapter 233, Fire Prevention, Protection and Control, § 233-31, Addressing and door labeling.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D.
Village Clerk to have numbers available; new construction. The Village Clerk shall have numbers available in conformance with the specifications of this section at a cost to the applicant per the Village fee schedule. Applicants for permits for new buildings shall purchase such numbers from the Village Clerk prior to the issuance of a building permit by the Building Inspector.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E.
Maintaining numbers. It shall be unlawful to maintain any number other than the new number as designated by the Building Inspector.
F.
Duty of police officers. All police officers of the Village shall report violations of any provisions of this section.
G.
Compliance. Any owner, occupant or agent of any house or building, who has received at least 10 days' notice from a municipal official demanding compliance with this section, who fails or refuses to comply shall be guilty of a violation of this chapter.
B.
Permit required. A permit shall be required when filling or excavating consists of one cubic yard per 1,000 square feet of property or results in an elevation change of 12 inches or more over an area of 500 square feet or more. The permit fee shall be per the Village fee schedule. Said permit is not required for grading related to new building construction.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
Information to be filed. No permit for any excavation or grading shall be granted unless the applicant shall first file with the Building Inspector:
(1)
In the case of an excavation, a statement of the purpose and a plan showing the dimensions of the excavation.
(2)
In the case of grading, a topographic survey showing grade and elevation of property before and after completion of proposed grading of the applicant's property and immediately abutting properties.
E.
Permit to state. The permit granted shall state, in the case of an excavation, the location and size of the excavation and, in the case of grading, the proposed grade when the grading authorized by the permit is completed.
F.
Underpinning. Whenever an excavation shall be carried to such a depth that adjoining walls will have to be underpinned, it shall be the duty of the general contractor to give adjoining property owners written notification of the fact. All excavations for buildings shall be property guarded and protected by the excavator and shall be close-sheathed wherever it may be necessary to prevent the adjoining soil from caving in.
G.
Dropping frost breakers prohibited. The dropping of heavy weights or frost breakers within 20 feet of another building to facilitate the excavation for substructures or for general demolition purposes is prohibited.
A.
Definition. "Swimming pool" as used in this section is defined as any artificial body of water used or intended to be used for wading or swimming, having a depth at any point greater than 24 inches or with a surface area exceeding 200 square feet, constructed, installed or maintained in the ground or on top of the ground outside or as an accessory to residential building on private property within the Village.
B.
Construction and maintenance.
(1)
Every swimming pool shall be so designed and constructed as to facilitate cleaning and shall be maintained and operated in such a manner as to be clean and sanitary at all times.
(2)
Every swimming pool shall be so designed, constructed and maintained so that it will not create a hazard to health, safety or the general welfare, and will not be detrimental to the neighborhood or to the residents thereof.
(3)
All buildings or structures to be erected under the provisions of this section shall conform to the requirements of the Building Code for setbacks and area requirements for accessory structures.
(4)
Any lights illuminating such swimming pool shall be so erected as to eliminate direct rays and minimize reflected rays of light on adjoining premises.
(5)
A substantial tight fence with minimum height of 48 inches shall completely surround all swimming pools and have a self-latching and self-closing gate. Such fences shall be erected in such manner that there shall be an apron of level surface at least three feet in width surrounding all sides of the pool. For all aboveground pools, if the side walls are 48 inches in height above the nearest ground level, and if such pool has no permanent ladder or access to the pool, the side walls can be used as a fence.
(6)
All swimming pools must be equipped with an adequate self-contained filtration and recirculating system detached from any portable water supply or waste disposal system.
(7)
Pools shall not drain into sanitary sewers or neighbors' property. Pool wastewater may be used for irrigation by surface or subsurface spreading, provided no hazard, nuisance or unsanitary condition will occur, in the opinion of the Health Officer or the Director of Public Works.
C.
Permit. All private swimming pools shall require a building permit with a fee per the Village fee schedule and a zoning permit with an additional fee per the Village fee schedule from the Building Inspector. Application for permits shall be accompanied by plans before construction commences, showing plot plan, dimensions, depths, volume in gallons, type and size of filter system and waste disposal system.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D.
Appeals. Any person feeling himself aggrieved by any order or ruling of the Building Inspector may appeal from such ruling to the Board of Appeals as provided in § 185-33.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E.
Duty to comply. Compliance with this section shall be the duty of the person owning, controlling or managing any building or premises wherein or whereon there shall be placed or there exists a swimming pool subject to this section.
This code shall not be construed as placing any liability on the Village for damages to anyone injured or to any property damaged or destroyed as a result of the improper location of any building, or any defect in any building or any defect in any equipment in any building. The Village assumes no liability for anyone injured or claiming to be injured or for any property loss suffered or claimed to be suffered by anyone under the provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any person feeling himself aggrieved by any order or ruling of the Building Inspector may appeal, in writing, to the Board of Appeals of the Village within 30 days of the alleged act or omission of said Inspector pursuant to § 62.23, Wis. Stats., and to the rules and regulations of the Board. Such appeal shall set forth the order appealed from and the respects in which said person feeling himself aggrieved claims that said order or ruling is erroneous or illegal. The appellant shall annex to the notice of appeal such plats, surveys, plans or specifications which are of probative value in the determination of the appeal, together with the name and address of the appellant. Upon the filing of such notice with the Clerk, the appellant shall receive a copy of the rules of the Board of Appeals and the Clerk shall notify the Building Inspector of the appeal. Upon the filing of notice of appeal, an appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the Building Inspector certifies to the Board of Appeals that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. Upon the filing of such notice of appeal, the Board of Appeals shall fix a time and place for the hearing of the appeal not less than 10 nor more than 30 days from the date of such filing. The Board of Appeals, after consideration thereof, shall affirm, reverse, or modify said order or ruling.
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 on use and occupancy.
The Fire Chief shall have dual authority with the Building Inspector in the issuance of occupancy permits under § 185-14 of the Building Code for multifamily and commercial structures, places of public assembly and schools. All authority and power granted therein to the Building Inspector equally is herein granted to the Fire Chief for such buildings.
[Amended 4-25-2022 by Ord. No. 22-01]
A.
Application. This section shall apply to all supplemental heating units installed. No person may install or cause to be installed a supplemental heating unit which fails to meet the requirements of this section.
B. HORIZONTAL SLIDE DAMPER SUPPLEMENTAL HEATING UNIT
Definitions. As used in this section, the following terms shall have the meanings indicated:
A horizontal piece of sheet metal used to divide the warm air plenum of the existing furnace into two approximately equal airtight parts.
Includes all devices described as "energy converters," "stoves" or "supplemental heating devices" using wood, coal, or other solids as fuel and attached to the existing warm air furnace and using the furnace ducts for distribution of heat.
C.
Permit. No person may install or cause to be installed a supplemental heating unit without first obtaining a permit from the Department of Building Inspection. The Department of Building Inspection shall give each permit applicant the following information. It is recommended that:
D.
Permit fee. A permit fee per the Village fee schedule shall be paid by the applicant for each unit installed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E.
Plan and data approval. Plans and data for each supplemental heating unit shall be submitted to the Department of Building Inspection for approval before a permit may be issued. The following data is required to be submitted with each application:
F.
Inspections. No person may operate or permit the operation of supplemental heating devices without first calling for an inspection and receiving final approval from the Department of Building Inspection.
G.
Installation clearance. The clearances from combustibles for the installation of all supplemental heating units shall conform to the following requirements:
(1)
Table A.
Table A | ||
|---|---|---|
Required Clearance in Inches from Combustibles for Supplemental Heating Units | ||
From Front of Unit | From Top, Sides and Rear of Unit | Chimney or Vent Connector |
48 | 36 | 18 |
(2)
Table B.
Table B | |||
|---|---|---|---|
Required Minimum Clearances in Inches from Combustibles with Specified Forms of Protection | |||
Types of Protection | Where the Required Clearance with no Protection is: | ||
Applied to the combustible material unless otherwise specified and covering all surfaces with the distance specified as the required clearance with no protection. Thicknesses are minimum. | 36 inches above | 36 inches sides and rear | 18 inches chimney or vent connector |
1. 1/4 inch asbestos millboard spaced out 1 inch (Note 2) | 30 | 18 | 12 |
2. 0.013 inch (28 gauge) sheet metal on 1/4 inch asbestos millboard | 24 | 18 | 12 |
3. 0.013 inch (28 gauge) sheet metal spaced out 1 inch (Note 2) | 18 | 12 | 9 |
4. 0.013 inch (28 gauge) sheet metal on 1/8 inch asbestos millboard spaced out 1 inch (Note 2) | 18 | 12 | 9 |
5. 1 1/2 inch asbestos cement covering on heating appliance | 18 | 12 | 18 |
6. 1/4 inch asbestos millboard on 1 inch mineral fiber bats reinforced with wire mesh or equivalent | 18 | 12 | 6 |
7. 0.027 inch (22 gauge) sheet metal on 1 inch mineral fiber bats reinforced with wire or equivalent | 18 | 12 | 3 |
8. 1/4 inch asbestos millboard | 36 | 36 | 18 |
9. 1/4 inch cellular asbestos | 36 | 36 | 18 |
Note 1: | Except for the protection described in 5, all clearances should be measured from the outer surface of the supplemental heating unit to the combustible material, disregarding any intervening protection applied to the combustible material. |
Note 2: | Spaces shall be of incombustible material. |
Note 3: | Asbestos millboard referred to above is a different material from asbestos cement board. It is not intended that asbestos cement board be used in complying with these requirements when asbestos millboard is specified. |
H.
Mounting of unit.
(1)
On incombustible floors, all units shall be mounted on a firm, level base of brick, cement, concrete, or other incombustible material.
(2)
On combustible floors, all units shall be mounted on a four-inch-thick concrete block base with circular or rectangular holes or equivalent incombustible material so arranged that the holes will parallel the smaller dimension and be covered with sheet metal of not less than No. 2 U.S. gauge. The above-specified floor protection shall extend not less than 18 inches around the perimeter of the unit.
(3)
Units with legs on combustible floors. All units which have 18 inches or more of open space under the base of the unit may be mounted on combustible floors, provided that the floor under the unit is protected with not less than 1/4 inch of asbestos millboard and covered with sheet metal of not less than No. 24 U.S. gauge. The above-specified floor protection shall extend not less than 18 inches around the perimeter of the unit. If there is less than 18 inches of open space under the base of the unit, the unit shall be mounted on two inches of concrete block, brick, or other incombustible material and equally covered with sheet metal of not less than No. 24 U.S. gauge. The above-specified floor protection shall extend not less than 18 inches around the perimeter of the unit.
I.
Type and size of chimney. An approved all-fuel chimney shall be used for solid-fuel-burning equipment. The chimney shall be sized so that the cross-sectional area of this chimney is not smaller than the cross-sectional area of the flue collar of the equipment to be connected to it. No other equipment shall be connected to the flue serving the solid-fuel-burning equipment. All masonry chimneys and factory-built chimneys bearing a listing by a nationally recognized testing laboratory such as Underwriters' Laboratories will be considered as approved.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
J.
Chimney connector or stovepipe. The chimney connector or stovepipe shall comply with the following table:
Minimum Chimney Connector Gauges for Oil, Wood and Coal | ||
|---|---|---|
Galvanized Steel Gauge Number | ||
Diameter of Connector | Minimum thickness (inch) | Gage |
Less than 6 inches | 0.019 | 26 |
6 inches to less than 10 inches | 0.024 | 24 |
10 inches to 13 inches | 0.030 | 22 |
14 inches to 16 inches | 0.036 | 20 |
Greater than 16 inches | 0.058 | 16 |
K.
Damper. The chimney connector shall have a cast iron damper to control the draft.
L.
warm air supply duct.
(1)
Size and material. The area of the warm air supply duct shall not be less than the area of the collar or plenum opening of the unit to which it is connected. The warm air supply duct and horizontal slide damper shall be constructed entirely of incombustible material equivalent in structural strength and durability to the following table:
Table C | ||
|---|---|---|
Ducts | ||
Width or Diameter in Inches | Minimum Thickness Galv. Iron U.S. Gauge | Minimum Thickness Aluminum B and S Gauge |
0 through 12 | 26 | 24 |
Over 12 | 24 | 22 |
(2)
Connection to furnace without horizontal slide damper. The connection of the warm air supply duct from the unit to the furnace should be centered on the front, rear or sides of the plenum of the furnace. A back-draft damper shall be installed in the warm air duct as close to the furnace plenum as possible. Full airflow shall be maintained (see Figure 1 or Figure 2).
Figure 1 - Typical Approved Design  |
Figure 2 - Typical Alternative Design  |
(3)
Connections to furnace with horizontal slide damper. The connection of the warm air supply duct from the unit to the furnace plenum should be centered both horizontally and vertically above the horizontal slide damper. Full airflow shall be maintained (see Figure 3).
Figure 3 - Typical Approved Design  |
M.
The return air duct.
(1)
Supplemental heating unit without horizontal slide damper.
(a)
Connection to furnace. When the return air for the unit is taken from the furnace return air, the connection shall be made on the filtered air side of the filter and connected to the blower intake of the unit. [See Figure 1 in Subsection L(2).] When the return air for the unit is taken from the outside, it shall be taken from a weatherproof louver with a 1/4 inch wire mesh hardware cloth and connected to the blower air intake of the unit. [See Figure 2 in Subsection L(2).] Dampers shall not be installed in the return air duct regardless of which method is used. Full airflow shall be maintained regardless of which method is used.
N.
Blower on furnace when used with horizontal slide damper in plenum. The blower on the furnace shall be adequate to maintain the manufacturer's specifications for CFM and static pressure when measured above the horizontal slide damper when the damper is closed.
O.
Fresh air intake connected to furnace return air system. The size of the fresh air intake where used shall not be less than the cross-sectional area of the area of a four-inch (12.6 square inch) round duct. The material shall conform to Table C in Subsection L(1) above. The fresh air intake shall be connected to the return plenum of the furnace. A volume damper of the locking type shall be placed in the duct for the fresh air intake.
P.
Combustion air. If the Building Inspector, after examination of the supplemental heating unit and the furnace, deems it necessary to add combustion air, the size of the opening shall not be less than the cross-sectional area of the flue collar size of the supplemental heating unit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Q.
Electrical connections and controls.
(1)
For units without horizontal slide dampers. All electrical connections, controls and wiring shall conform to the Wisconsin State Electrical Code.
(2)
For units with horizontal slide dampers. The electrical connections shall conform with the Wisconsin State Electrical Code. A fan control shall be installed in the plenum of the solid-fuel-burning unit and wired in parallel to the existing fan control on the furnace. The fan control in the plenum of the solid-fuel-burning unit shall activate the furnace blower motor at a temperature of 100° F. to 120° F.
R.
Thermostat control. The thermostat control where used on the supplemental heating unit shall activate the blower motor at a temperature of 100° F. to 120° F.
[Added 5-9-2005 by Ord. No. 05-07]
Notwithstanding anything to the contrary set forth in this code, no person shall construct, install, operate or use or suffer to construct, install, operate or use an or any outdoor wood furnace to provide heat to any building or structure or equipment upon any property in the Village.
A.
Application. This section shall apply to all radiant heating units installed. No person may install a radiant heating unit which fails to comply with the requirements of this section.
B.
Definitions. "Radiant heating unit" is a room heater, stove, or freestanding fireplace not intended for duct connections used to heat a room(s) using the combustion of a solid fuel such as wood or coal as a source of heat.
C.
Permit. No person may install or cause to be installed a radiant heating unit without first obtaining a permit from the Department of Building Inspection. The Department of Building Inspection shall give to each permit applicant the following information. It is recommended that:
D.
Permit fee. A permit fee per the Village fee schedule shall be paid by the applicant for each unit installed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E.
Plan and data approval. Plans and data for each radiant heating unit installation shall be submitted to the Department of Building Inspection for approval before a permit may be issued. The following data is required to be submitted with each application:
F.
Inspection. No person may operate or permit the operation of a radiant heating unit without first calling for an inspection and receiving final approval from the Department of Building Inspection.
G.
Installation clearance. The clearances from combustibles for the radiant heating units shall conform to Table A in § 185-38G(1) and Table B in § 185-38G(2).
H.
Mounting of the unit.
(1)
On incombustible floors, the units shall be mounted on a firm, level base of brick, cement, concrete, or other incombustible material.
(2)
On combustible floors, the units shall be mounted on a four-inch concrete block base with circular or rectangular holes or equivalent incombustible material so arranged that the holes will parallel the smaller dimension and be covered with sheet metal of not less than No. 24 U.S. gauge. The above-specified floor protection shall extend not less than 18 inches beyond the perimeter of the unit.
(3)
Units with legs on combustible floors. Units which have 18 inches or more of open space under the base of the unit may be mounted on combustible floors, provided that the floor under the unit is protected with not less than 1/4 inch of asbestos millboard and covered with sheet metal of not less than No. 24 U.S. gauge. The above-specified floor protection shall extend not less than 18 inches beyond the perimeter of the unit. If there is less than 18 inches of open space under the base of the unit, the unit shall be mounted on two inches of concrete block, brick, or other incombustible material and equally covered with sheet metal of not less than No. 24 U.S. gauge. The above-specified floor protection shall extend not less than 18 inches beyond the perimeter of the unit.
I.
Size and type of chimney. An approved all-fuel chimney shall be used for solid-fuel-burning equipment. The chimney shall be sized so that the cross-sectional area of the chimney is not smaller than the cross-sectional area of the flue collar of the equipment to be connected to it. Other equipment shall not be connected to the flue serving the solid-fuel-burning equipment. Masonry chimneys and factory-built chimneys bearing a listing by a nationally recognized testing laboratory such as Underwriters' Laboratories will be considered as approved.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
J.
Chimney connector or stovepipe. The chimney connector shall conform to § 185-38J of this chapter.
K.
Damper. The chimney connector shall have a cast-iron damper to control the draft.
L.
Combustion air. If the Building Inspector, after examination of the radiant heating unit and the furnace, deems it necessary to add combustion air, the size of the opening shall not be less than the cross-sectional area of the flue collar size of the unit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
M.
Blower. A blower where used shall have adequate protection such as a screen or other material to prevent material to be inserted in the blower assembly.
N.
Electrical connections. The electrical connections, controls, and wiring where used shall conform to the Wisconsin State Electrical Code.
O.
Thermostat control. The thermostat control where used shall activate the blower motor at a temperature of 100° F. to 120° F.