Chapter 142 Building Construction

This chapter provides certain minimum standards, provisions and requirements for safe and stable design, methods of construction and uses of materials in buildings and/or structures hereafter erected, constructed, enlarged, altered, repaired, moved, converted to other uses or demolished and regulates the equipment, maintenance, use and occupancy of all such buildings and/or structures. Its purpose is to protect and foster the health, safety and well-being of persons occupying or using such buildings and the general public.

The provisions of this chapter shall be deemed to supplement the following:

Wisconsin Uniform Dwelling Code.

§ 142-2 State Uniform Dwelling Code adopted.

All laws and regulations of the State of Wisconsin relating to buildings.

(c)

Town of Rome ordinances, including Chapter 360, Zoning.

Scope. No building or structure shall hereafter be constructed, altered, occupied, repaired, removed, or demolished, nor shall the equipment of a building, structure, or premises be constructed, installed, altered, repaired, or removed, except in conformity with this chapter. A building which is moved or relocated shall be considered as having the same status as it had before it was moved, but any on-site changes or additions such as foundation work, etc. shall be constructed in compliance with all applicable requirements. Any alteration, enlargement, or demolition of an existing building and any installation therein of electrical, gas, heating, plumbing or ventilating equipment which affects the health or safety of the users thereof or any other person is a "new building" to the extent of such change. Any existing building shall be considered a "new building" for the purposes of this chapter whenever it is used for multifamily dwelling, commercial or industrial purposes, unless it was being used for such purpose at the time this chapter was enacted.

State code adopted. The regulations with respect to one- and two-family dwellings in Chapters SPS 320 through 325 of the Wisconsin Administrative Code are hereby adopted and by reference are made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by an administrative code provision incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the administrative code provisions incorporated herein are intended to be made part of this chapter. A copy of these administrative code provisions and any future amendments shall be kept on file in the Building Inspector's office.

Existing buildings. The Wisconsin Uniform Dwelling Code shall also apply to buildings and conditions where:

An existing building is to be occupied as a one- or two-family dwelling and said building was not previously occupied for such purpose.

Additions and alterations, regardless of cost, made to an existing building shall comply with the requirements of this chapter for new buildings, when deemed necessary in the opinion of the Building Inspector. Any addition or alteration to one- and two-family dwellings built prior to 1980, regardless of cost, shall be made in conformity with the Wisconsin Uniform Dwelling Code and applicable sections of this chapter.

§ 142-3 State Codes adopted.

Wisconsin Administrative Code SPS Chapter 305 (Licenses, Certifications and Registrations), Chapter 327 (Camping Units), Chapters 361 through 366 (Commercial Building Code) and Chapters 375 through 379 (Buildings Constructed Prior to 1914) are hereby adopted and made a part of this chapter. Any act required to be performed or prohibited by an Administrative Code provision incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions and modifications of the administrative code provisions incorporated herein are intended to be made a part of this chapter.

[Amended 4-4-2024 by Ord. No. 24-02]

State Plumbing Code adopted.

The provisions and regulations of Ch. 145, Wis. Stats., and Wisconsin Administrative Code SPS Chapters 381 to 387 are hereby made a part of this chapter by reference and shall extend over and govern the installation of all plumbing installed, altered or repaired in the Town. Any further amendments, revisions and modifications of said Wisconsin Statutes and Administrative Code provisions incorporated herein are intended to be made part of this chapter.

No plumbing or drainage of any kind shall be installed or altered, except that leakage, stoppage, or repairs may be made, without first securing a permit therefor from the Building Inspector.

Upon completion of the plumbing work on any premises, the person doing the work shall notify the Building Inspector before such work is covered up, and the Building Inspector shall inspect the work. If, in his discretion, he determines that the work conforms to the State Plumbing Code, he shall complete an inspection report, which shall contain the date and an outline of the result of such inspection, a duplicate of which shall be filed by location in the office of the Building Inspector. No person shall use or permit to be used any plumbing or drainage until it has been inspected and approved by the Building Inspector.

State Electrical Code adopted.

Wisconsin Administrative Code SPS Chapter 324 is hereby adopted by reference and made a part of this chapter and shall apply to the construction and inspection of new one- and two-family dwellings and additions or modifications to existing one- and two-family dwellings.

Subject to the exceptions set forth in this chapter, the State of Wisconsin Electrical Code SPS Chapter 316, of the Wisconsin Administrative Code is hereby adopted by reference and made a part of this chapter.

No electric wiring or other equipment shall be installed or altered without first securing a permit therefor from the Building Inspector, except the repairs or replacements of broken or defective sockets, switches, or base receptacles may be made without a permit. The application for such permit shall be on a form furnished by the Building Inspector and shall clearly state the work planned, alterations to be made, and equipment and materials to be used; all later deviations from such plan must be submitted to and approved by the Building Inspector.

After roughing in the wiring of any building and before any such work is covered up, or upon the completion of any outside construction work, it shall be the duty of the person doing such work to notify the Building Inspector who shall inspect the same. Upon completion of such wiring, the Inspector shall be notified and shall inspect the finished work. If, in his discretion, he determines that the work conforms to the State Electrical Code, he shall complete an inspection report, which shall contain the date and an outline of the result of such inspection, a duplicate of which shall be filed by location in the office of the Building Inspector. No person shall use or permit to be used any electrical equipment until the electrical service and wiring have been inspected and approved by the Building Inspector.

(5)

Conflicts. If, in the opinion of the Building Inspector and the Town Board, the State Building Code conflicts with the provisions of the Federal Housing Administration standards in their application to any proposed building or structure, the Inspector and/or the Town shall apply the most stringent provisions in determining whether or not the proposed building meets the requirement of this chapter.

§ 142-4 Certified municipality status.

The Town of Rome has adopted the certified municipality status as described in SPS 361.60 of the Wisconsin Administrative Code, and subsequent revisions.

The Town shall assume the following responsibilities for the Department of Safety and Professional Services:

Provide inspections of all size commercial buildings within the municipality in lieu of the department.

Provide plan examination of small commercial buildings (new buildings and additions totaling not more than 50,000 cubic feet and alterations affecting not more than 100,000 cubic feet) to be constructed within the municipality, with certified commercial building inspectors.

In the event that the Town of Rome would not have a Building Inspector with a commercial license, the Town would relinquish the delegated commercial building code enforcement responsibilities from the Wisconsin Department of Safety and Professional Services.

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 Town shall be submitted, if the plans are for any of the following:

A new building or structure.

An addition to a building or structure.

An alteration of a building space, element, or structure.

The Town 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 of Safety and Professional Services for review and approval.

All commercial buildings, structures and alterations require plan submissions as follows:

Building permit application.

Fees per Town of Rome Fee Schedule and Ch. SPS 302.31, Wisconsin Administrative Code.

§ 142-5 Administration and enforcement.

One set of state-approved plans, signed and sealed per Ch. SPS 361.30 and 361.31, Wisconsin Administrative Code, including one set of specifications, component and system plans and calculations showing code compliance.

There is hereby created the office of Building Inspector. The Building Inspector shall be appointed by the municipality. The Building Inspector shall be certified for inspection purposes by the Department in the required categories specified under Ch. SPS 305, Wisconsin Administrative Code.

The Building Inspector may employ, assign or appoint, as necessary, assistant inspectors, subject to approval by the Town Board. Any assistant hired to inspect buildings shall be certified as defined in Ch. SPS 305, Wisconsin Administrative Code.

The Building Inspector and his delegated representatives are hereby authorized and directed to administer and enforce all of the provisions of the Wisconsin Uniform Dwelling Code and this chapter.

With regard to inspections, it is understood that the Inspector must exercise discretion when determining whether the requirements of this chapter have been satisfied.

In order to permit inspection of a building project at all necessary phases without causing delay for the owner, the owner/contractor shall request all of the following inspections in conformity with the appropriate time frame in the Wisconsin Administrative Code, or at least 48 hours in advance by the applicant/contractor or property owner as applicable.

Footing.

Foundation.

Rough carpentry, HVAC, electric and plumbing.

Drain tile/basement floor.

(5)

Under-floor plumbing.

(6)

Electric service.

(7)

Insulation.

(8)

Final carpentry, HVAC, electric and plumbing.

(9)

Erosion control.

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.

The Building Inspector or an authorized, certified agent may at all reasonable hours enter upon any public or private premises for inspection purposes and may require the production of the permit for any building, plumbing, electrical or HVAC work. No person shall interfere with or refuse to permit access to any such premises to the Building Inspector or his agent while in performance of his duties.

The Building Inspector shall perform all administrative tasks required under the Wisconsin Uniform Dwelling Code and by the department under all codes covered in § 142-3. In addition, the Inspector shall keep a record of all applications for building permits in a book for such purpose and shall regularly number each permit in the order of its issue. Also, a record showing the number, description and size of all buildings erected indicating the kind of materials used and the cost of each building and aggregate cost of all one and two-family dwellings shall be maintained.

Disclaimer on inspections. The purpose of the inspections under this chapter is to improve the quality of commercial buildings and housing in the Town. The inspections and the reports and findings issued after the inspections are not intended as, nor are they to be construed, as a guarantee. In order to so advise owners and other interested persons, the following disclaimer shall be applicable to all inspections under this chapter: "The findings of inspection contained herein are intended to report conditions of noncompliance with code standards that are readily apparent at the time of inspection. The inspection does not involve a detailed examination of the mechanical systems or the closed structural and nonstructural elements of the building and premises. No warranty of the operation, use or durability of equipment and materials not specifically cited herein is expressed or implied."

§ 142-6 Permit procedure.

Permit required. No building or structure of any kind shall be moved within or into the Town, no new building or structure, or any part thereof, shall hereafter be erected, or ground broken for the same, and no existing building shall be enlarged, altered, moved, demolished or razed within the Town, except as herein provided, until a permit has been obtained by the owner, or his authorized agent, from the Building Inspector.

Lot requirements.

No building permit shall be issued unless the property on which the building is proposed to be built abuts a public road by at least 33 feet. This requirement shall not apply to structures located on real estate that is zoned PUD (Planned Unit Development District).

Utilities required. No person shall occupy any building until a septic or sewer system, water, grading, and graveling are installed in the roads necessary to service the property.

Exceptions.

A Town building permit will not be required for structures within the seventy-five-foot setback area from the ordinary high-water mark of lakes and streams, where a permit has been secured for the structure from Adams County. (This would apply to such structures as stairways to the lake, patios and walkways as allowed by the Adams County Shoreland Protection Ordinance.) This exception shall not apply to buildings allowed to be closer than 75 feet to the ordinary high-water mark by the Adams County Shoreland Protection Ordinance or by a variance issued by the Adams County Planning and Zoning Department.

The construction of non-dwelling buildings used exclusively for agricultural purposes are exempt from the provisions of this chapter, including the requirement of a building permit.

A Town building permit will not be required for re-siding, window or door replacement (when the replacement is of the same size), or for re-shingling of roofs.

Alterations and repairs. The following provisions shall apply to buildings altered and repaired:

Alterations. When not in conflict with any regulations, alterations to any existing building or structure accommodating a legal occupancy and use but of substandard type of construction, which involves either beams, girders, columns, bearing or other walls, room, heating and air-conditioning systems, arrangement, light and ventilation, changes in location of exit stairways or exits, or any or all of the above, then such existing construction shall be made to conform to the minimum requirements of this chapter applicable to such occupancy, use and type of construction.

Repairs. Repairs for purposes of maintenance, or replacement 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 existing stairways or exits, fire protection, or exterior aesthetic appearance and which do not increase a given occupancy or use, shall be deemed minor repairs.

Application for a building permit shall be made in writing upon a form furnished by the Building Inspector or his designee and shall state the name and address of the owner of the land and also the owner of the building, if different; the legal description of the land upon which the building is to be located; the name and address of the designer; the use to which said building is to be put; the County Sanitation number; and such other information as the Building Inspector may require.

Plans. At the time of such application and no later than 10 days prior to construction activity, there shall be submitted a complete set of plans and specifications of such building and such building site which shall include the following:

A site map(s), drawn to scale or adequately dimensioned, and clearly demonstrating the exact location of the following:

All structures existing or to be constructed. Front, side, and rear yards shall be clearly indicated.

All areas of excavation relating to the building structure, including, but not limited to, basement, foundation, well and sewer facilities.

A signed representation by the owner that the parcel for which the application is made is in compliance with all Town ordinances, including but not limited to Chapter 360, Zoning, and Chapter 326, Subdivision of Land, as well as restrictions on nuisance violations.

Materials and equipment specifications describing the quality, kind, and grade of material and equipment as is deemed necessary by the Building Inspector. At a minimum, it shall include information as to the materials used to construct; any real property improvement; the electrical, plumbing, and heating systems; and information relating to materials and equipment used to affect the energy efficiency of the structure. Such plans and specifications shall be submitted in duplicate; one set shall be returned after approval as hereinafter provided; the other set shall remain on file in the office of the Building Inspector. The person by whom they are drawn shall sign all plans and specifications. Plans for all new one- and two-family dwellings shall comply with the provisions of Wisconsin Administrative Code § SPS 320.09.

Waiver of plans; minor repairs.

If the Building Inspector finds that the character of the work is sufficiently described in the application, he may waive the filing of plans for alterations, repairs or moving.

The Building Inspector may authorize minor repairs or maintenance work on any structure or to heating, ventilating or air-conditioning systems installed which do not change the occupancy area, exterior aesthetic appearance, structural strength, fire protection, exits, light or ventilation of the building or structure without issuance of a building permit.

Approval of plans.

If the Building Inspector, in his discretion, determines that the building will comply in every respect with all ordinances and orders of the Town and all applicable laws and orders of the State of Wisconsin, he shall issue a building permit which shall state the use of which said building is to be put, which shall be kept and displayed at the site of the proposed building. After being approved, the plans and specifications shall not be altered in any respect which involves any of the above-mentioned ordinances, laws or orders, or which involves the safety of the building or the occupants, except with the written consent of the Building Inspector.

In case adequate plans are presented for part of the building only, the Building Inspector, at his discretion, may issue a permit for that part of the building before receiving the plans and specifications for the entire building.

If the Building Inspector is provided with information demonstrating that the parcel for which a building permit has been applied is not in conformance with any Town ordinance or other state, county or local regulation, he may deny the application.

Inspections. Inspections required under the provisions of this chapter shall be made by the inspector or a duly authorized assistant during normal workdays. The Building Inspector, upon 48 hours' notice from the permit holder or his agent, excluding Saturdays, Sundays and holidays, shall make the requested inspections and shall either approve that portion of the construction completed or shall notify the permit holder or his agent wherein the same fails to comply with the chapter. As work progresses under a permit, the holder thereof shall cause the Building Inspector to be notified at the construction stages as identified in Wisconsin Administrative Code § SPS 320.10.

Discontinued uses.

Whenever the Building Inspector determines any building or portion thereof is being used or occupied contrary to the provisions of this chapter, he shall order such use or occupancy discontinued and the building or portion thereof vacated, by notice served on the building owner and any person using or causing such use or occupancy to be continued. Such person shall vacate such buildings or portion thereof within 10 days after receipt of the notice or make the building or portion thereof comply with the requirements of this chapter.

It shall be unlawful to change the use of any building, structure, premises, or part thereof without first obtaining from the Building Inspector an approval of such change in the occupancy or use.

Permit lapses. A building permit shall lapse and be void unless work authorized thereby is commenced within one year from and completed within 24 months of the date issued.

[Amended 4-4-2024 by Ord. No. 24-02]

Revocation of permits.

The Building Inspector may revoke any building, HVAC, plumbing or electrical permit or approval issued under the regulations of this chapter and may stop construction or use of approved new materials, equipment, methods of construction, devices or appliances for any of the following reasons:

Whenever the Building Inspector shall find at any time that applicable ordinances, laws, orders, plans and specifications are not being complied with and that the holder of the permit refused to conform after written warning has been issued to him.

Whenever the continuance of any construction becomes dangerous to life or property.

(c)

Whenever there is any violation of any condition or provisions of the application for permit or of the permit.

(d)

Whenever, in the opinion of the Building Inspector, there is inadequate supervision provided on the job site.

(e)

Whenever any false statement or misrepresentation has been made in the application for permit, plans, drawings, data specifications or certified lot or plot plan on which the issuance of the permit or approval was based.

(f)

Whenever there is a violation of any of the conditions of an approval or certificate of occupancy given by the Building Inspector for the use of all new materials, equipment, methods or construction devices or appliances.

[Amended 4-16-2020 by Ord. No. 20-03]

The notice revoking a building, plumbing, HVAC or electrical permit, certificate of occupancy or approval shall be in writing and shall be served upon the applicant of the permit, owner of the premises and his agent, if any, and on the person in charge of construction.

A revocation placard shall also be posted upon the building, structure, equipment or premises in question by the Building Inspector.

§ 142-8 Minimum construction standards.

After the notice is served upon the persons as aforesaid and posted, it shall be unlawful for any person to proceed thereafter with any construction operation whatsoever on the premises, and the permit which has been so revoked shall be null and void, and before any construction or operation is again resumed, a new permit, as required by this section, shall be procured and fees paid therefor, and thereafter the resumption of any construction or operation shall be in compliance with the requirements of this chapter. However, such work as the Building Inspector may order as a condition precedent to the reissuance of the building permit may be performed, or such work as he may require for the preservation of life and safety.

Display of permit. Building permits shall be displayed in a conspicuous place on the premises where the authorized building or work is in progress at all times during construction or work thereon.

§ 142-7 Occupancy certificates.

No building, or addition thereto, constructed after the effective date of this chapter, and no addition to a previously existing building shall be occupied, until a certificate of occupancy has been issued by the Building Inspector. No change in a use, other than that of a permitted use to another similar permitted use, shall be made until a certificate of occupancy has been issued by the Building Inspector. Every certificate of occupancy shall state that the use or occupancy complies with the provisions of this chapter.

Application for occupancy certificate. Every application for a zoning permit shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new use of a building where no building permit is required shall be made directly to the Building Inspector.

Issuance of occupancy certificate. No occupancy certificate for a building, or portion thereof, constructed after the effective date of this chapter, shall be issued until construction has been completed and the premises inspected and certified by the Building Inspector to be in conformity with the plans and specifications upon which the zoning permit was based. Pending the issuance of a regular certificate, a temporary certificate may be issued to be valid for a period not to exceed six months from its date of issuance during the completion of any addition or during partial occupancy of the premises. The occupancy certificate shall be issued or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, not later than 14 days after the Building Inspector is notified in writing that the building or premises is ready for occupancy. Upon written request from the owner and payment of appropriate fee, the Building Inspector shall issue an occupancy certificate for any building or premises existing at the time of adoption of this chapter certifying, after inspection, the extent and kind of use made of the building or premises and whether or not such use conforms to the applicable provisions of this chapter.

New methods and materials:

All materials, methods of construction and devices designed for use in buildings or structures covered by this chapter and not specifically mentioned in or permitted by this section shall not be so used until approved in writing by the State Department of Safety and Professional Services for use in buildings or structures covered by the Wisconsin Uniform Dwelling and Wisconsin State Building Codes, except sanitary appliances, which shall be approved in accordance with the State Plumbing Code.

§ 142-9 Installation and operation of room heaters, stoves, and freestanding fireplaces.

Such materials, methods of construction and devices, when approved, must be installed or used in strict compliance with the manufacturer's specifications and any rules or conditions of use established by the State Department of Safety and Professional Services. The data, test and other evidence necessary to prove the merits of such material, method of construction or device shall be determined by the State Department of Safety and Professional Services.

Square footage. The minimum square feet of living area on the main floor shall meet the requirements of the applicable zoning district.

Waste disposal requirements. Each building or structure utilized for the purpose of human habitation in the Town of Rome shall have provision for the sanitary disposal of waste pursuant to the minimum requirements of state and county regulations.

Unsafe buildings. Whenever the Building Inspector finds any building or part thereof within the Town to be, in his judgment, too old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human occupancy or use and so that it would be unreasonable to repair the same, he shall order the owner to raze and remove such building or part thereof. Such order and proceedings shall be as provided to § 66.0413, Wis. Stats.

Required alterations. 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. Such a building or structure shall be considered a public safety hazard and shall be vacated and thereafter no further occupancy or use of the same shall be permitted until the requirements of this section are satisfied.

Application. This section shall apply to radiant heating units and wood- or coal-burning units, including ductwork. No person shall install a radiant heating unit which fails to comply with the requirements of this section.

Permit. No person shall install or cause to be installed a radiant heating unit without first obtaining a permit from the Building Inspector.

Plan and data approval. Plans and data for each radiant heating unit installation shall be submitted to the Building Inspector for approval before a permit may be issued. The following data is required to be submitted with each application:

The manufacturer's installation and maintenance/operations instructions.

Proposed chimney flue and/or new chimney flue sizes.

§ 142-10 Construction of accessory buildings.

The number and sizes of existing vent connectors to the chimney flue.

Inspection. Prior to the issuance of the permit, the Building Inspector shall inspect the subject unit for compliance with this chapter.

Compliance with Dwelling Code. Accessory buildings shall comply with the construction requirements of the Wisconsin Uniform Dwelling Code.

Garages shall be governed by the provisions of § 142-11 of this chapter.

Accessory buildings 150 square feet or less in size are exempt from the construction requirements of the Uniform Dwelling Code; a permit for such buildings is required.

§ 142-11 Garage construction.

Construction. All garages shall comply with the construction provisions of the Wisconsin Uniform Dwelling Code and the following restrictions:

The floor in all private garages shall be of concrete construction. No openings or pits in the floor shall be permitted, except for drainage, per Wisconsin Administrative Code § SPS 382.34(4)(b).

All detached garages shall have an opening garage door not less than eight feet wide by seven feet high in addition to one service door not less than two feet six inches wide by six feet four inches high.

Location. Detached garages of wood frame construction shall be located not less than 10 feet from any residence building, except that such distance may be reduced when the interior walls of such garage adjacent to a residence building are protected per Table 321.08 and all other requirements of § SPS 321.08 of the Wisconsin Uniform Dwelling Code.

§ 142-12 Manufactured homes.

Permit required. No manufactured home, as defined in § 101.91(2) Wis. Stats., shall be located in the Town of Rome until a building permit has been obtained from the Building Inspector.

Permit posting. Building permits shall be posted in a prominent place on the premises during the period of location.

Inspection. Manufactured homes shall not be occupied for habitation in the Town of Rome until the location, electric and sanitary hookup has been inspected by the Building Inspector.

§ 142-13 Swimming pools.

Permit required. Before work is commenced on the construction or erection of a private or residential in ground or at-grade swimming pool or on any alteration, additions, remodeling or other improvements on such existing pools, an application for a swimming pool building permit to construct, erect, alter, remodel or add must be submitted in writing to the Building Inspector. Plans and specifications and pertinent explanatory data should be submitted to the Building Inspector at the time of application. No work or any part of the work shall be commenced until the applicant obtains a written permit for such work.

Exempt pools. Storable children's swimming or wading pools, with a maximum dimension of 15 feet and a maximum wall height of 15 inches and which are so constructed that it may be readily disassembled for storage and reassembled to its original integrity, are exempt from the provisions of this section.

Requirements. In addition to such other requirements as may be reasonably imposed by the Building Inspector, the Building Inspector shall not issue a permit for construction, unless the following construction requirements are observed:

All materials and methods of construction in the construction, alteration, addition, remodeling or other improvements and pool installation shall be in accord with all state and local requirements.

All plumbing work shall be in accordance with all applicable chapters of the Town, and all state codes. Every private or residential swimming pool shall be provided with a suitable draining method, and in no case shall waters from any pool be drained into a sanitary sewer system, public waterway or lake, nor onto lands owned by another person.

All electrical installations, including lighting and heating, but not limited thereto, which are provided for, installed and used in conjunction with a private swimming pool shall be in conformance with the state laws and Town ordinances regulating electrical installations.

§ 142-14 Violations and penalties.

Stop-work order.

If an inspection reveals noncompliance with this chapter, Wisconsin Administrative Code, or the Wisconsin Uniform Dwelling Code, the Building Inspector shall notify the applicant and the owner, in writing, of the violation to be corrected. All cited violations shall be corrected within 30 days after written notification unless an extension of time is granted pursuant to Wisconsin Administrative Code § SPS 320.21.

If, after written notification, the violation is not corrected within 30 days, a stop-work order may be served on the owner or his or her representative and a copy thereof shall be posted at the construction site. Such stop-work order shall not be removed except by written notice of the Building Inspector after satisfactory evidence has been supplied that the cited violation has been corrected.

Double fees. If any construction or work governed by the provisions of this chapter, Wisconsin Administrative Code or the Uniform Dwelling Code is commenced prior to the issuance of a permit, double fees shall be charged.

Enforcement. Any building or structure hereafter erected, enlarged, altered or repaired or any use hereafter established, in violation of the provisions of this chapter shall be deemed an unlawful building, structure or use. The Building Inspector shall promptly refer all such violations for enforcement as follows:

Forfeiture. If, in the sole discretion of the Building Inspector, the violation does not constitute an immediate safety hazard, the matter shall be referred to the Police Department with a summary of the violation and a request that a citation be issued by the Police Department. The penalty for such violations shall be established according to a written schedule approved by the Town Board by resolution.

§ 142-15 Petitions for variance to building code.

If, in the sole discretion of the Building Inspector, the violation constitutes a safety hazard, or if the violation was not remedied as a result of a citation issued pursuant to Subsection C(1) herein, the Building Inspector shall refer the violation to the Town Board for consideration. Upon Town Board authorization, the Town Attorney shall bring an action to enjoin the erection, enlargement, alteration, repair or moving of such building or structure; or the establishment of such use; or to cause such building, structure or use to be removed and to be subject to a penalty. In any such action, the fact that a permit was issued shall not constitute a defense, nor shall any error, oversight or dereliction of duty on the part of the Building Inspector constitute a defense. Compliance with the provisions of this chapter may also be enforced by an injunction against the owner or owners of any real estate within the jurisdiction of this chapter.

Liability. Except as may otherwise be provided by the statute or chapter, no officer, or employee of the Town of Rome charged with the enforcement of this chapter shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter. Any suit brought against any officer or employee of the Town as a result of any act required or permitted in the discharge of his duties under this chapter shall be defended by the legal representative of the Town until the final determination of the proceedings therein.

Scope. In instances where exact compliance with a particular building code requirement cannot be met or alternative designs are desired, there is a State of Wisconsin petition for variances on dwellings constructed in 1980 or later. The Town of Rome Board of Appeals shall have the authority to approve or deny petitions for variances on pre-1980 dwellings and other structures.

Procedure.

Where a petition is required to be acted upon by the Department of Safety and Professional Services, an application must be completed and forwarded with the proper fees to the state.

Where a petition is required to be acted upon by the Town of Rome, an SBD-9890 (State Form) application must be completed and forwarded with the proper fees to the Building Inspector, who will then refer the petition to the Town of Rome Board of Appeals.

§ 142-16 Appeals.

The Board of Appeals is vested with the authority to consider appeals and variances as noted in § 142-15A of this chapter. Before such an application is decided, the Board of Appeals shall hold a public hearing on the application. A quorum to conduct a hearing shall consist of four members, but a lesser number may meet and adjourn to a specified time. All orders or decisions require the affirmative vote of four members. Whenever only four members are present and the vote stands three to one in favor of the applicant, the matter shall be laid over for consideration and final determination at a special meeting noticed and called for that purpose.

Application. All applications shall be filed with the Building Inspector on the prescribed form. The application shall be accompanied by such plans and/or data required by the Board of Appeals.

Notice. Notice of time and place of such public hearing shall be published as a Class 2 notice under Ch. 985, Wis. Stats. in a newspaper of general circulation in the Town and posted in at least three public places in the Town. Notice of the public hearing shall be mailed at least 10 days before the hearing to the petitioner and the Clerk of any municipality whose boundaries are within 1,000 feet of any lands included in the petition. The failure to give any notice to any property owner or Clerk shall not invalidate the action taken by the Board.

Evidence. The applicant may appear in person or be represented by his agent or attorney. In the absence of an appearance for an application, the application may be dismissed. Except in contested case hearings, written and oral testimony will be received. In contested case hearings, no hearsay evidence will be allowed or relied upon as the sole evidence of any factual determination. The ordinances of the Town, the zoning and location of the subject property and geographical features or other facts which are common knowledge in the municipality or which can be verified by reference to public record may be used. In contested case hearings, all witnesses shall be sworn and no person shall be permitted to testify unless he or she submits to cross-examination (see § 227.45, Wis. Stats.). Unless waived by the applicant and the Chairperson, all witnesses shall be sworn before testifying by the Chairperson or presiding officer.

Decision. Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be required upon the finding that these are necessary to fulfill the purpose and intent of this chapter. A permit shall be valid only as long as the conditions upon which it is granted are observed.

The final disposition shall be in written form and shall include findings of fact signed by the Board of Appeals Chairperson and the Secretary. A copy of the decision shall be sent to the applicant, Building Inspector and Town Board within 30 days of the hearing.

If an application cannot be acted upon on the day set, the hearing may be adjourned from day to day and such adjourned date shall be construed as a continuance of the hearing.

Any subsequent substantial change or addition to the plans or uses shall be submitted for approval, and if such change or addition constitutes a substantial alteration of the original plan, a notice of public hearing as for the original petition shall be scheduled.

The Building Inspector shall retain continuing jurisdiction over all permitted uses for the purpose of resolving complaints and may order the removal or discontinuance of any unauthorized alterations or violations.

(5)

Should a permit applicant, his heirs or assigns, fail to comply with the conditions of the permit issued or should the use or characteristics of the use be changed without prior approval, the permit may be revoked.

§ 142-17 Reconsideration.

The Board of Appeals shall not reconsider an application that has been dismissed or denied except upon an affirmative vote of at least four members in favor of a finding that substantial new evidence exists which could not reasonably have been presented at the previous hearing. Requests for rehearing shall be in writing, shall state the reasons for the request and shall be accompanied by necessary data and diagrams. Rehearings shall be subject to the same notice requirements as original hearings.

§ 142-18 Review by court of record.

Any person or persons aggrieved by any decision may present to a court of record a petition, duly verified, setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the Zoning Administrator.

§ 142-19 Fee schedule.

[Amended 10-17-2019 by Ord. No. 19-16]

The fees referred to in this chapter shall be established by the Town Board and may from time to time be modified by resolution. A schedule of the fees shall be available for review in the Town Hall.

Refund of fees.

Fees shall be nonrefundable except where approved by the Town Administrator, after a written request is received by the applicant.

Any refund amount shall be calculated as the amount paid, less actual costs incurred by the Town.