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.)
BUILDING
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.
BUILDING INSPECTOR
The individual(s) or firm appointed by the Town to exercise all of the powers and duties of a building inspector under Wisconsin law.
CONSTRUCTION
Any part or portion of the activity of installing, locating, siting, erecting or raising a building.
CONTRACTOR
Any person, firm or entity which undertakes any activity related to the construction of a building other than the mere provision of supplies, materials.
DEMOLITION
The activity of completely or partially destroying a previously erected or constructed building.
ELECTRICAL
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.
HVAC
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.
OCCUPANCY
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.
OWNER
The individual, firm or entity which has record title to the real estate on which construction or demolition is taking place.
PLUMBING
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
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.
STOP-WORK ORDER
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:
A. 
Ch. SPS 305, Credentials.
B. 
Ch. SPS 316, Electrical Code.
C. 
Chs. SPS 320 to 325, Uniform Dwelling Code.
D. 
Chs. SPS 381 to 387, Uniform Plumbing Code.
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:
(1) 
Footing,
(2) 
Foundation.
(3) 
Rough carpentry, HVAC, electric and plumbing.
(4) 
Drain tile/basement floor.
(5) 
Underfloor plumbing.
(6) 
Electric service.
(7) 
Insulation.
(8) 
Final carpentry, HVAC, electric and plumbing.
(9) 
Erosion control.
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.