[HISTORY: Adopted by the Village Board of the Village of
Barneveld 3-15-2006 by Ord. No.
060-03-01. Amendments noted where applicable.]
This chapter is adopted under the statutory authority granted
pursuant to §§ 101.65, 101.651, 101.76, and 101.761
of the Wisconsin Statutes.
The purpose of this chapter 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 chapter, the following terms have the meaning
prescribed herein: (Any item not defined herein shall follow the Wisconsin
Administrative Code definition.)
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 purposes. 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 Village 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 and 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, 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 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.
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 chapter applies to all one- and two-family dwellings, commercial
buildings/structures, swimming pools, decks, residential accessory
buildings and agricultural buildings. Notwithstanding this section,
this chapter shall not apply to 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.
B.
Construction which shall require a building permit includes, but
is not limited to:
(1)
New buildings, including agricultural buildings, detached structures
(decks) and detached accessory buildings.
(2)
Additions that increase the physical dimensions of a building, including
decks.
(3)
Alterations to the building structure, cost shall include market
labor value, or alterations to the building's heating, electrical
or plumbing systems.
(4)
Replacement of major building equipment, including furnaces and central air conditioners, water heaters and any other major pieces of equipment shall require a permit, except as noted in Subsection C(2) below.
(5)
Alteration of plumbing, venting, electrical, or gas supply systems.
(6)
Any electrical wiring for new construction or remodeling.
(7)
Any HVAC for new construction or remodeling.
(8)
Any plumbing for new construction or remodeling.
C.
The following construction activities shall not require a building
permit:
(1)
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 may be requested by the property owner for
reroofing a building if the proposed reroofing would constitute a
third or more layer of roofing.
(2)
Normal repairs of HVAC, plumbing and electrical equipment or systems
such as replacing switches, receptacles and fixtures.
The following Chapters of the Wisconsin Administrative Codes,
as well as all subsequent revisions, are adopted by the Village and
shall be enforced by the Building Inspector.
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Ch. SPS 302.31, Buildings, Structures, Heating, Ventilation
and Fire Protection Systems Fees
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Ch. SPS 305, Licenses, Certifications and Registrations
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Chs. SPS 316, Electrical
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Chs. SPS 320 through 325, Uniform Dwelling Code
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Ch. SPS 327, Campgrounds
[Added 5-3-2021 by Ord. No. 21-05-01] |
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Chs. SPS 361 through 366, Commercial Building Code
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Chs. SPS 375 through 379, Buildings Constructed Prior to 1914
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Chs. SPS 380 through 387, Plumbing
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For the purposes of this chapter, the standards contained in
the Wisconsin Uniform Dwelling Code shall be expanded to apply as
the standards for construction of the following:
A.
Additions, alterations and major equipment replacements 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. Slabs shall not be less than
four inches in thickness. Reinforcement shall be a minimum of six-inch
by six-inch, No. 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.
C.
Detached accessory buildings less than 200 square feet in size, concrete slabs, frostfree footings, and the like are not required, but if they are installed they shall follow Subsection B above and/or Ch. SPS 321. Wood bearing beams, walls or members in contact with the ground shall be pressure treated or decay resistant type wood per SPS 321.10.
A.
Certified municipality. The Village has adopted the Certified Municipality
Status as described in SPS 361.60 of the Wisconsin Administrative
Code.
A.
Creation and appointment. There is hereby created the office of Building
Inspector. The Building Inspector shall be appointed by the Village.
The Building Inspector shall be certified for inspection purposes
by the Department in the required categories specified under SPS 305,
Wis. Adm. Code.
B.
Subordinates. The Building Inspector may employ, assign or appoint,
as necessary, subordinate, mechanical inspectors. Any subordinate
hired to inspect buildings shall be certified as defined in SPS 305,
Wis. Adm. Code, by the Department.
C.
Duties. The Building Inspector shall administer and enforce all provisions
of this chapter.
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 owner
and/or contractor 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 by the applicant/contractor
or property owner as applicable.
F.
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.
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.
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.
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 chapter 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, is at the owner's option. Such orders and
proceedings shall be as provided in § 66.0413, Wis. Stats.
A.
Demolition permit required. No person, firm or entity may cause the
demolition of any structure or part of a structure greater than 400
square feet in area without having first applied for and obtained
a demolition permit from the Building Inspector. No person, firm or
entity may undertake any steps to demolish the structure prior to
receiving a permit.
B.
Application. An application for a permit to demolish all or part
of a building shall include the following information:
(1)
The name and address of the owner of the building on date of application
and, if different, on date of demolition;
(2)
The name, address and telephone number of the contractor(s) performing
the demolition work;
(3)
The date upon which demolition is to commence;
(4)
The date by which demolition shall be complete;
(5)
A list of all hazardous waste and hazardous and toxic substances
[as defined by § 289.01(11), Wis. Stats., as amended from
time to time] contained in the building, a statement as to whether
the building contains asbestos (as defined by Ch. NR 447, Wisconsin
Administrative Code), and a detailed description of the method to
be used in removing, transporting and disposing of any hazardous waste,
hazardous and toxic substances, and asbestos;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(6)
A detailed description of how and where the waste materials resulting
from the demolition will be transported and disposed of (including
the description of the route to be used by trucks in hauling the waste);
(7)
A description of the method of demolition to be used; and
(8)
A description in detail of all methods to be used to prevent water
runoff and soil erosion from the site to neighboring properties and
to prevent releasing unreasonable amounts of dust from the site;
(9)
Along with the application for permit for demolition, the applicant
shall present a release from all utilities serving the property, stating
that their respective service connections and appurtenant equipment
such as meters and regulators have been removed or sealed and plugged
in a safe manner.
C.
Demolition. The demolition shall be conducted in a manner that is
safe and that does not adversely affect the environment.
D.
Clearing and leveling the site.
(1)
The site of any demolition shall be properly cleared of debris, rubbish
and pavement and shall be properly graded and leveled to conform with
the adjoining grade of the neighboring property; and when so graded
and leveled, the site shall be seeded, sodded or treated in some other
manner acceptable to the Building Inspector so as to prevent blowing
dust, dirt, or sand. Excavations remaining after demolition shall
be filled, graded and leveled off not later than 30 consecutive days
after demolition is completed.
(2)
Excavations from demolished buildings or structures shall not be
filled with any materials subject to deterioration. The Building Inspector,
upon notification by the permit holder, the owner or his agent, in
writing, and upon forms provided by the Building Inspector for that
purpose, shall, within 72 hours, inspect each excavation, or part
thereof, before filling any excavation.
(3)
It shall be unlawful to fill any such excavation without inspection
and approval of the Building Inspector. Voids in filled excavations
shall not be permitted. In the event of the unavailability of the
Building Inspector to conduct an inspection within the 72 hours after
written notice; the permit holder, owner or his agent may retain the
services of a certified, qualified municipal inspection service to
obtain an opinion that approves filling of the excavation. Said opinion
shall be deemed a sufficient approval by the Village, provided that
a written copy of the opinion is delivered to the Clerk at least 48
hours before filling of the excavation commences.
E.
Removal and disposal. Removal, transportation and disposal of all
hazardous waste, hazardous and toxic substances, and asbestos shall
be conducted in compliance with all applicable state, federal and
local statutes, ordinances and regulations. The permit holder shall
give the Building Inspector 72 hours' written notice prior to any
removal, transportation or disposal of hazardous waste, hazardous
and toxic substances, and asbestos.
A.
General. No person shall move any building or structure upon any
of the public rights-of-way of the Village without first obtaining
permit therefor from the Building Inspector and upon the payment of
required fee. Every such permit issued by the Building Inspector for
the moving of a building shall designate the route to be taken, the
conditions to be complied with and shall limit the time during which
said moving operations shall be continued. This section does not apply
to manufactured homes per the Federal Fair Housing Act.[1]
[1]
Editor's Note: See 42 U.S.C. § 3601 et seq.
B.
Moving damaged buildings. No building shall be repaired, altered
or moved within or into the Village that has deteriorated or has been
damaged by any cause (including such moving and separation from its
foundation and service connections in case of moved buildings) 50%
or more of its equalized value. No permit shall be granted to repair,
alter or move such building within or into the Village. Furthermore,
if the equalized assessed value of the building is not within 10%
of the surrounding buildings within 1,000 feet of the parcel where
the building is proposed to be moved to, no permit shall be granted
unless the building is improved so that its equalized value is within
10% of the lowest equalized value of any of the surrounding buildings.
C.
Continuous movement. The movement of buildings shall be a continuous
operation during all the hours of the day, and day by day and at night
until such movement is fully completed. All of such operations shall
be performed with the least possible obstruction to thoroughfares.
No building shall be allowed to remain overnight upon any street crossing
or intersection, or so near thereto as to prevent easy access to a
fire hydrant or any other public facility. Lighted lanterns shall
be kept in conspicuous places at each end of the building during the
night.
D.
Street repair/inspection. Every person receiving a permit to move
a building shall, prior to moving the building, accompany the Building
Inspector and Director of Public Works on an inspection of the route
the building will travel within the Village limits. The applicant
shall, within one day after said building reaches its destination,
report the fact to the Building Inspector who shall thereupon, in
the company of the Director of Public Works, inspect the streets and
highways over which said building has been moved and ascertain the
condition. If the removal of said building has caused any damage to
any street or highway, the person to whom the permit was issued shall
forthwith place them in good repair as they were before the permit
was granted. On the failure of the said permittee to do so within
10 days thereafter to the satisfaction of the governing body, said
body shall repair the damage done to such streets and hold the person
obtaining such permit and the sureties on his bond responsible for
payment of same.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
Conformance with code. No permit shall be issued to move a building
within or into the Village and to establish it upon a location within
the said Village until the Building Inspector has made an investigation
of such building at the location from which it is to be moved and
is satisfied from such investigation that said building is in a sound
and stable condition and of such construction that it will meet the
requirements of this chapter in all respects. A complete plan of all
further repairs, improvements and remodeling, with reference to such
building, shall be submitted to the Building Inspector, and he shall
make a finding of fact to the effect that all such repairs, improvements
and remodeling are in conformity with the requirements of this chapter
and that when same are completed, the building, as such, will so comply
with this chapter. In the event a building is to be moved from the
Village to some point outside of the boundaries thereof, the provisions,
with respect to the furnishing of plans and specifications for proposed
alterations to such building may be disregarded.
F.
Cash deposit.
(1)
Before a permit is issued to move any building over any public way
in this Village, the party applying for said permit shall make a cash
deposit to the Village in a sum, to be fixed by the Village, which
sum shall not be less than $5,000. Said cash deposit shall be held
for indemnification of the Village for any costs or expenses incurred
by it in connection with any claims for damages to any persons or
property, and the payment of any judgment, together with the costs
or expenses incurred by the Village in connection therewith, arising
out of the removal of the building for which the permit is issued.
The cash deposit shall be refunded if, after the building is moved
and the Building Inspector and Director of Public Works have found
that the permit was complied with, no damages were caused by the move.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
The cash deposit refund process required by Subsection F(1) shall be further conditioned upon the permittee erecting adequate barriers and within 48 hours, filling in such excavation or adopting and employing such other means, devices or methods approved by the Building Inspector and reasonably adopted or calculated to prevent the occurrences set forth herein. The Building Inspector may waive the timelines in this subsection if the Building Inspector, after investigation, determines that the excavation exposed by the removal of such building from its foundation is not so close to a public thoroughfare as to constitute a hazard to persons: particularly, children under 12 years of age.
G.
Insurance. The Building Inspector shall require, in addition to said
bond above indicated, public liability insurance covering injury to
one person in the sum of not less than $500 and for one accident,
aggregate not less than $1,000,000, together with property damage
insurance in a sum not less than $500,000, or such other coverage
as deemed necessary.
H.
Village.
(1)
Before any permit to relocate a building may be issued, the Village
shall examine the application for the permit and approve the application
by a majority vote.
(2)
The application shall include exterior elevations of the building
at its proposed new location; accurate photographs of all sides and
views of the same; in case it is proposed to alter the exterior of
said building, plans and specifications of such proposed alterations,
and a site plan showing the location of the building on the final
resting site.
(3)
The Village shall not grant a permit unless the Village has taken
a view of the building proposed to be moved and of the site at which
it is to be located.
(4)
The Village may not issue a permit for relocation of a building unless it finds that the exterior appearances and design of the building to be moved, or moved and altered, will not be consistent with the exterior appearance and design of the buildings already constructed or in the course of construction in the immediate neighborhood, or with the character of the applicable district established by Chapter 280, Zoning. No permit shall be granted if the relocation will cause a substantial depreciation of the property values of the neighborhood to which the building is proposed to be relocated.
(5)
In case the applicant proposed to alter the exterior of said building
after moving the same, he shall submit, with his application papers,
complete plans and specifications for the proposed alterations. Before
a permit shall be issued for a building to be moved and altered, the
applicant shall deposit a cash deposit of not less than $5,000 with
the Village to secure the timely completion of all proposed exterior
alterations to said building, as set forth in the plans and specifications.
This cash deposit shall be in addition to any other bond or surety
which may be required by other applicable ordinances of the Village.
The cash deposit shall be refunded after the exterior alterations
are completed and the Building Inspector has found the building exterior
complies with the approved plans and within the time frame set by
the Village Board. The deposit shall be forfeited if the exterior
of the building does not comply with the approved plans or if the
time frame for completing the work is not adhered to.
(6)
No occupancy permit shall be issued for said building until the exterior
alterations proposed to be made have been completed.
(7)
Whenever an application for relocation of a building is made to the
Building Inspector, he shall request a meeting of the Village to consider
the application. The Building Inspector shall inform the Village whether
or not the application complies, in all respects, with all other ordinances
of the Village. The Village may, if it desires, hold a public hearing
on the permit.
At the time of building permit application issuance, the applicant
shall pay fees as established by resolution by the Village Board.
If work commences prior to permit issuances, 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 chapter.
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 chapter 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 chapter shall constitute a public nuisance which 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 which receives such a stop-work order may
contest the validity of the same by requesting a hearing before the
Village. The Village shall hear the appeal within seven days. The
Village 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 Village Board shall hear requests for variances from this
chapter to the extent the Village Board has authority to hear and
grant variances. The Village Board shall approve, conditionally approve,
or deny a requested variance. The Village Board 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 Village
Board. The Village will follow procedures explained on Wisconsin Statutes,
Chapter 68, to arrive at a final determination. Final determinations
may be reviewed as explained in Wisconsin Administrative Rules § SPS
320.21.
This chapter shall not be construed as an assumption of liability
by the Village 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
this chapter. The remainder of this chapter shall remain in full force
and effect. Any other ordinances whose terms are in conflict with
the provisions of this chapter are hereby repealed as to those terms
that conflict.
A.
No person, firm or corporation shall at any time between the hours
of 9:00 p.m. and 7:00 a.m. create any loud or sharp noises, concussions
or disturbing sounds associated with the construction, excavation,
demolition, alteration or repair of any building or development as
may tend to annoy or disturb a reasonable person.
B.
Emergency situations involving the repair of essential services or
protection and safety of persons or property shall be exempt from
the terms of this section.
