These regulations are adopted under the statutory authority
granted pursuant to §§ 101.65, 101.76, and 101.761,
Wis. Stats.
The purpose of this article is to promote the health, safety,
and general welfare of our community, to protect property values and
provide for orderly, appropriate development and growth of the community.
As used in this article, the following terms have the meaning
prescribed herein: (Any item not defined herein shall follow the Wisconsin
Administrative Code definitions.)
Any structure erected or constructed of wood, metal, stone,
plastic or other materials, which is intended to be used by human
beings or animals for occupancy, livery, commerce, education, cultural
activities or other purpose. The term does not include children's
play structures, agricultural barns, agricultural sheds or agricultural
accessory buildings.
The individual(s) or firm appointed by the Town to exercise
all of the powers and duties of a building inspector under Wisconsin
law.
Any part or portion of the activity of installing, locating,
siting, erecting or raising a building.
Any person, firm or entity which undertakes any activity
related to the construction of a building other than the mere provision
of supplies, materials.
The activity of completely or partially destroying a previously
erected or constructed building.
The trade which relates to the design, installation, maintenance
and repair of the mechanical equipment, wiring, fixtures and connections
which tie a structure to the power grid of an electric-generating
utility and distribute the electricity through a structure to end
uses, including any work which may be performed by a master electrician
licensed by the State of Wisconsin or a person under the supervision
of such an electrician.
An acronym which stands for "heating, ventilating and air
conditioning"; the trade which installs mechanical equipment, systems
and accessory ducting and gratings for the purpose of warming, purifying,
cooling and exchanging air in a building.
The act of utilizing a building for human habitation, use
or occupancy. Any use of a building for any activity which is customarily
or routinely associated with utilization of a building as a residence,
detached residential accessory structure, or commercial use shall
constitute occupancy.
The individual, firm or entity which has record title to
the real estate on which construction or demolition is taking place.
The trade which relates to the design, installation and maintenance
or repair of pipes, drains, sinks, basins, hot-water-heating systems,
natural gas pipes, grease traps, floor drains, and all other work
for which the individual performing the work may either be a master
plumber licensed by the State of Wisconsin or work under the supervision
of such a plumber.
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 esthetic appearance,
and which do not increase a given occupancy and use, shall be deemed
minor repairs.
A directive issued with respect to a construction project
by a building inspector, which compels the owner and any contractor
or builder of a building to cease any further work or activity on
the construction project until the building inspector has authorized
the resumption of the construction project.
This article applies to all one- and two-family dwellings, additions,
remodels over $1,000 in valuation and one- and two-family accessory
buildings and agricultural buildings with electrical service. Notwithstanding
this section, this article shall not apply to commercial buildings,
agricultural buildings without electrical service, or children's
play structures.
A.
No owner or contractor may commence construction of any building
or mechanical system prior to obtaining a valid permit from the municipal
Building Inspector or designee.
B.
The construction which shall require a building permit includes,
but is not limited to:
(1)
New one- and two-family dwellings, including decks and detached accessory
buildings.
(2)
Additions to one- and two-family dwellings that increase the physical
dimensions of a building, including decks.
(3)
Alterations to one- and two-family dwellings over $1,000 in valuation,
cost shall include material costs with market labor value or alterations
to the building's heating, electrical or plumbing systems.
(4)
Any electrical wiring for one- and two-family dwellings, additions
or remodeling over $1,000 in valuation.
(5)
Any HVAC for one- and two-family dwellings or remodeling over $1,000
in valuation.
(6)
Any plumbing for one- and two-family dwellings or remodeling over
$1,000 in valuation.
(7)
Any new or rewired electrical service (includes electric services
for agricultural buildings).
C.
The following construction activities shall not require a building
permit:
(1)
Commercial and agricultural buildings.
(2)
Replacement of major building equipment, including furnaces and central
air conditioners, water heaters and any other major piece of equipment,
shall not require a permit.
(3)
One- and two-family swimming pools, residing, reroofing and finishing
of interior surfaces, installation of cabinetry, and repairs which
are deemed minor by the Building Inspector. Notwithstanding this section,
however, a permit accompanied by structural load-bearing calculations
shall be required for reroofing a building if the proposed reroofing
would constitute a third or more layer of roofing.
(4)
Normal repairs of HVAC, plumbing and electrical equipment or systems
such as replacing switches, receptacles, dimmers and fixtures.
The following chapters of the Wisconsin Administrative Code,
as well as all subsequent revisions, are adopted by the Town and shall
be enforced by the Building Inspector:
For the purposes of this article, the standards contained in
the Wisconsin Uniform Dwelling Code shall be expanded to apply as
the standards for construction of the following:
A.
Additions and alterations for one- and two-family dwellings built
prior to June 1, 1980.
B.
Detached accessory buildings greater than 200 square feet serving
one- and two-family dwellings.
(1)
Frost protection for footings and foundations.
(a)
Grade-beam slabs are required for structures with a continuous
floating slab of reinforced concrete. Slab shall not be less than
four inches in thickness. Reinforcement shall be a minimum of six-by-six-inch,
number-10 wire mesh or by using 1.5 pounds of fiber mesh per cubic
yard of concrete with varying fiber mesh lengths. The slab shall be
provided with a thickened edge all around, eight inches wide and eight
inches below the top of the slab.
(b)
Structures not constructed with a floating slab shall have footings
and foundations placed below frost penetration level but in no case
less than 48 inches below grade per Ch. SPS 321, Wis. Adm. Code.
C.
Detached accessory buildings less than 200 square feet in size, concrete slabs, frost-free footings and the like are not required, but if they are installed they shall follow Subsection B(1)(b) above and/or Ch. SPS 321, Wis. Adm. Code. Wood-bearing beams, walls or members in contact with the ground shall be pressure-treated or decay-resistant type wood per § SPS 321.10, Wis. Adm. Code.
A.
Creation and appointment. There is hereby created the office of Building
Inspector. The Building Inspector shall be appointed by the Town.
The Building Inspector shall be certified for inspection purposes
by the Department of Safety and Professional Services in the required
categories specified under Ch. SPS 305, Wis. Adm. Code.
B.
Subordinates. The Building Inspector may employ, assign or appoint,
as necessary, subordinate, mechanical inspectors. Any subordinates
hired to inspect buildings shall be certified as defined in Ch. SPS
305, Wis. Adm. Code, by the Department of Safety and Professional
Services.
C.
Duties. The Building Inspector shall administer and enforce all provisions
of this article.
D.
Powers. The Building Inspector or an authorized certified agent of
the Building Inspector may, at all reasonable hours, enter upon any
public or private premises for inspection purposes. The Building Inspector
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 to the inspector or his/her
agent while in the performance of his/her duties. In the event that
the inspector is refused access to any such premises, then the Inspector
is authorized to apply for a special inspection warrant pursuant to
§ 66.0119, Wis. Stats.
E.
Inspections. In order to permit inspection of a building project
at all necessary phases without causing delay for the owner, the applicant/contractor
or property owner, as applicable, shall request all of the following
inspections in conformity with the appropriate time frame defined
in the Wisconsin Administrative Code or at least 48 hours in advance:
F.
Failure to request inspection. Failure to request any inspection
will be the responsibility of the contractor and/or property owner.
No construction shall be deemed approved by default or lack of inspection
by the Building Inspector.
G.
Expense of uncovering work for inspection. The expense of uncovering
or exposing any work which must be inspected, where such work was
required by the failure of the owner to request any inspection, will
be the responsibility of the contractor and/or property owner.
H.
Records. The Building Inspector shall perform all administrative tasks required by the Department of Safety and Professional Services under all codes covered in § 10-116. In addition, the Inspector shall keep a record of all applications for permits and shall number each permit in the order of its issuance.
[7-14-2004]
The owner or contractor shall, with respect to any proposed
construction or demolition, submit two sets of building plans to the
Inspector for any work which expands the size of a building, any new
building, or as required by the Inspector. If a new building or building
addition is proposed, then a plot plan drawn to scale showing such
proposed work and existing buildings and property lines shall be submitted.
A third set of plans may be requested, at the discretion of the Building
Inspector, for the Assessor. The Building Inspector may require the
owner or contractor to submit plans for any construction or demolition
project when the Building Inspector determines that it is necessary
to review such plans to assure that the proposed project will comply
with all applicable codes.
[7-14-2004]
A.
The Inspector shall issue the requested permit if the owner or contractor
demonstrates that all state, county and local submission requirements
are satisfied. If a permit card is issued, it shall be posted at the
job site in a visible location from the street. Permits are valid
for two years. Permit may be extended for 30, 90 or up to 180 days
with the Building Inspector's approval and payment of permit
fees.
B.
By accepting a permit, the applicant, owner or contractor grants
the Building Inspector the right of access to the real estate on which
the permitted construction or demolition will occur.
C.
Permits are issued conditionally on the condition that the owner
and/or contractor(s) shall conform to the requirements of all applicable
codes, zoning ordinances and setback requirements in constructing
the building.
D.
No building, plumbing, electrical or HVAC permit shall be issued
to any person who is in violation of this article until such violation
has been corrected.
E.
No building, plumbing, electrical or HVAC permit shall be issued
to any person to whom an order has been issued by the Building Inspector.
F.
It shall be the responsibility of the installer or contractor to
determine if a permit is required and to obtain the same prior to
commencing work.
If the Building Inspector, after completing all required inspections,
finds that a building has been constructed in accordance with the
applicable codes, then the Inspector shall issue an occupancy permit.
If the building fails to comply with the code in minor respects which
do not threaten the safety, health or welfare of the building's
occupants, the Building Inspector may issue a temporary occupancy
permit for 30 days or a specified term. No person may have occupancy
of a building until an occupancy permit is issued.
Whenever the Building Inspector determines that any building
or structure is so old, dilapidated or has become so out of repair
as to be dangerous, unsafe, unsanitary or otherwise unfit for human
habitation, occupancy or use, and so that it would be unreasonable
to repair the same, the Inspector shall order the owner to raze and
remove all or part thereof, or if such structure can be made safe
and sanitary by repairs, repair is at the owner's option. Such
orders and proceedings shall be as provided in § 66.0413,
Wis. Stats.
At the time of building permit application issuance, the applicant
shall pay fees as established periodically by the Town. If work commences
prior to permit issuance, the permit fee shall double.
A.
Prohibition. No person, entity, or firm may construct, remodel, demolish
or repair any building in a manner which violates any provision or
provisions of this article.
B.
Every person, firm or entity which violates this article shall, upon
conviction, forfeit an amount as set forth in the fee schedule that
shall be kept on file with the Town Clerk in addition to the costs
of prosecution. Each day of noncompliance shall be deemed to be a
separate violation.
C.
Violations discovered by the Building Inspector shall be corrected
within 30 days, or more if allowed by the Inspector, after written
notice is given. Violations involving life safety issues shall be
corrected in a reasonable time frame established by the Building Inspector.
D.
Compliance with the requirements of this article is necessary to
promote the safety, health and well-being of the community and the
owners, occupants and frequenters of buildings. Therefore, violations
of this article shall constitute a public nuisance that may be enjoined
in a civil action.
The Building Inspector may issue a stop-work order for a project
to prevent further noncomplying work. No person, firm or entity may
continue a construction project after a stop-work order has been issued.
The person, firm or entity that receives such a stop-work order may
contest the validity of the same by requesting a hearing before the
Town. The Town shall hear the appeal within seven days. The Town shall
affirm the stop-work order unless the owner or contractor shows that
the Building Inspector erred in determining that the construction
project violated a provision or provisions of the state building codes.
The Town shall hear requests for variances from the building
code to the extent the Town has authority to hear and grant variances.
The Town shall approve, conditionally approve, or deny a requested
variance. The Town may grant a variance from a code requirement only
if the variance is permitted by state law and if the performance of
the proposed variance is equal to or greater than the code requires.
Any person feeling aggrieved by an order of the Building Inspector
may, within 20 days thereafter, appeal from such order to the Town
Board. The Town will follow procedures explained in Ch. 68, Wis. Stats.,
to arrive at a final determination. Final determinations may be reviewed
as explained in § SPS 320.21, Wis. Adm. Code.
This article shall not be construed as an assumption of liability
by the Town or the Building Inspector for damages because of injuries
sustained or property destroyed by any defect in any dwelling or equipment.
If any section or portion thereof shall be declared by a court
of competent jurisdiction to be invalid, unlawful or unenforceable,
such decision shall apply only to the specific section or portion
thereof directly specified in the decision and shall not affect the
validity of any other provisions, sections or portions thereof of
the article. The remainder of the article shall remain in full force
and effect. Any other ordinances whose terms are in conflict with
the provisions of this article are hereby repealed as to those terms
that conflict.
