The provisions of this code shall govern the design, construction, alteration, demolition, and moving of all buildings and structures.
These regulations shall be known and cited as the "Municipal Building Code" and shall be construed to secure their expressed intent and to ensure public safety, health and welfare insofar as they are dependent upon building construction.[1]
The Wisconsin Uniform Dwelling Code, Chapters SPS 320 through SPS 325, inclusive, of the Wisconsin Administrative Code, and all amendments thereto, are hereby made a part of this code by reference and shall apply to all one- and two-family dwellings and alterations and additions thereto, the initial construction of which was commenced after the effective dates of the various chapters of the Wisconsin Uniform Dwelling Code. A copy of said code is on file in the office of the Municipal Clerk.
A.
Certified inspector. For purposes of issuance of permits, inspection and enforcement of said Uniform Dwelling Code, the inspector shall be that person or independent agency certified by the Wisconsin Department of Safety and Professional Services under Chapter SPS 305 of the Wisconsin Administrative Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. ADDITION ALTERATION CUBIC CONTENT DEPARTMENT DWELLING MINOR REPAIR ONE- OR TWO-FAMILY DWELLING PERSON UNIFORM DWELLING CODE
Definitions. As used in this section, the following terms shall have the meanings indicated:
A 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.
That volume of dwelling enclosed by the outer surface of exterior walls from the top of the footing to the roof.
The Department of Safety and Professional Services.
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 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:
Chapter SPS 320, Administration and Enforcement |
Chapter SPS 321, Construction Standards |
Chapter SPS 322, Energy Conservation |
Chapter SPS 323, Heating, Ventilating and Air Conditioning |
Chapter SPS 324, Electrical Standards |
Chapter SPS 325, Plumbing |
All buildings and structures hereafter erected, altered, repaired, moved or demolished that are used or designed to be used for the purpose herein defined shall comply in full with the requirements of this code.
A.
Zoning laws. No provision of this code shall be construed to repeal, modify, or constitute an alternative to any lawful zoning regulations.
B.
New buildings. The construction requirements of the Wisconsin Uniform Building Code shall apply to all buildings not covered under § 185-3.
C.
Existing buildings. This code shall also apply to buildings and conditions described in this section.
(1)
An existing building 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 alterations or repair during the life of the structure exceeds 50% of the equalized value of the structure, said value to be determined by the Assessor of the municipality.
(3)
Additions and alterations, regardless of cost, made to an existing building shall comply with the requirements of this code. The provisions of Subsection C(4) of this section shall also apply.
(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 code.
(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 code.
D.
Alterations and repairs. The following provisions shall apply to buildings altered or repaired.
(1)
Alterations. When any existing building or structure accommodates a legal occupancy and use but is of a nonconforming type of construction, then alterations which involve the structural members of floors or roofs, 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 to conform to the minimum requirements of this code applicable to such occupancy and use and given type of construction, when not in conflict with any other regulations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
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 and use, shall be deemed minor repairs.
(3)
Alterations when not permitted. When any existing building or structure, which for any reason whatsoever does not conform to the regulations of this code, has deteriorated from any cause whatsoever to an extent greater than 50% of the equalized value of the building or structure, no alterations 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.
(4)
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 of use of the same shall be permitted until the regulations of this code are complied with.
(5)
Extent of deterioration. The amount and extent of deterioration of any existing building or structure shall be determined by the Building Inspector.
(6)
Use of unsanitary building. It shall be unlawful to occupy or use or permit the occupancy or use of any building or structure that is unsanitary or dilapidated, or deteriorated, or out of repair, thereby being unfit for human habitation, occupancy or use until the regulations of this code have been complied with.
E.
Private garages.
[Added 3-9-2020 by Ord. No. 20-01]
(1)
Area. All private garages shall be limited in area as regulated in this subsection.
(2)
Attached private garage shall be of the same type of construction as that part of the principal building and as further regulated in this code except for structures greater than 720 square feet, which shall be subject to Plan Commission review and approval.
[Added 2-8-2016 by Ord. No. 16-2; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The Wisconsin Commercial Building Code, Chs. SPS 361 to SPS 366, Wis. Adm. Code, as may be amended from time to time, is hereby adopted and incorporated herein. The terms and provisions of this section and the Wisconsin Commercial Building Code shall prevail over any other terms and provisions of the Municipal Code in conflict with this section and the Wisconsin Commercial Building Code and such other conflicting terms and provisions are hereby repealed.
[Added 2-8-2016 by Ord. No. 16-2]
The Village of Hales Corners has adopted the delegated municipality status as described in § SPS 361.60 of the Wisconsin Administrative Code. The terms and provisions of this section shall prevail over any other terms and provisions of the Municipal Code in conflict with this section, and such other conflicting terms and provisions are hereby repealed.
A.
Responsibilities. The Village shall assume the following responsibilities for the Department of Safety and Professional Services (Department):
B.
Plan examination.
(1)
Drawings, specifications and calculations for all the types of buildings and structures, except state-owned buildings and structures, to be constructed within the limits of the municipality shall be submitted if the plans are for any of the following:
(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 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.
(2)
A certified municipality may waive its jurisdiction for the plan review of a specific project or types of projects, or components thereof, in which case plans and specifications shall be submitted to the Department for review and approval.
(3)
The Department may waive its jurisdiction for the plan review of a specific project, where agreed to by a certified municipality, in which case plans and specifications shall be submitted to the certified municipality for review and approval.
C.
Plan submission procedures. All commercial buildings, structures and alterations, including new buildings and additions less than 25,000 cubic feet, require plan submission as follows:
(1)
Building permit application.
(2)
Application for review: SBD-118.
(a)
Fees per Table 302.31-2 and § SPS 302.31, Wis. Adm. Code.
(b)
Fees apply to all commercial projects.