[HISTORY: Adopted by the Town Board of the Town of Rome as
Ch. 11 of the prior Code. Amendments noted where applicable.]
A.Â
Title. This chapter shall be known as the "Building Code of the Town
of Rome" and will be referred to in this chapter as "this chapter,"
"this code," or "this ordinance."
B.Â
Purpose.
(1)Â
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.
C.Â
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.
A.Â
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.
B.Â
Existing buildings. The Wisconsin Uniform Dwelling Code shall also
apply to buildings and conditions where:
(1)Â
An existing building is to be occupied as a one- or two-family dwelling
and said building was not previously occupied for such purpose.
(2)Â
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.
A.Â
Wisconsin Administrative Code SPS Chapter 305 (Licenses, Certifications
and Registrations), 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.
B.Â
State Plumbing Code adopted.
(1)Â
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.
(2)Â
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.
(3)Â
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.
C.Â
State Electrical
Code adopted.
(1)Â
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.
(2)Â
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.
(3)Â
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.
(4)Â
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)Â
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.
A.Â
The Town of Rome has adopted the certified municipality status as
described in SPS 361.60 of the Wisconsin Administrative Code, and
subsequent revisions.
B.Â
The Town shall assume the following responsibilities for the Department
of Safety and Professional Services:
(1)Â
Provide inspections of all size commercial buildings within the municipality
in lieu of the department.
(2)Â
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.
C.Â
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.
D.Â
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:
E.Â
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.
F.Â
All commercial buildings, structures and alterations require plan
submissions as follows:
(1)Â
Building permit application.
(2)Â
Fees per Town of Rome Fee Schedule and Ch. SPS 302.31, Wisconsin Administrative
Code.
(3)Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
With regard to inspections, it is understood that the Inspector must
exercise discretion when determining whether the requirements of this
chapter have been satisfied.
E.Â
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.
F.Â
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.Â
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.
H.Â
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.
I.Â
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."
A.Â
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.
B.Â
Lot requirements.
(1)Â
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).
(2)Â
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.
C.Â
Exceptions.
(1)Â
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.
(2)Â
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.
(3)Â
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.
(4)Â
Alterations and repairs. The following provisions shall apply to
buildings altered and repaired:
(a)Â
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.
(b)Â
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.
D.Â
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.
E.Â
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:
(1)Â
A site map(s), drawn to scale or adequately dimensioned, and clearly
demonstrating the exact location of the following:
(3)Â
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.
F.Â
Waiver of plans; minor repairs.
(1)Â
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.
(2)Â
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.
G.Â
Approval of plans.
(1)Â
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.
(2)Â
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.
(3)Â
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.
H.Â
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 competed 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.
I.Â
Discontinued uses.
(1)Â
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.
(2)Â
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.
J.Â
Permit lapses. A building permit shall lapse and be void unless building
operations are commenced within one year from the date of issuance.
K.Â
Revocation of permits.
(1)Â
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:
(a)Â
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.
(b)Â
Whenever the continuance of any construction becomes dangerous
to life or property.
(c)Â
Whenever there is any violation of any condition or provisions
of the application for permit or of the permit.
(d)Â
Whenever, in the opinion of the Building Inspector, there is
inadequate supervision provided on the job site.
(e)Â
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)Â
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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)Â
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.
(3)Â
A revocation placard shall also be posted upon the building, structure,
equipment or premises in question by the Building Inspector.
(4)Â
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.
L.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
A.Â
New methods and materials:
(1)Â
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.
(2)Â
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.
B.Â
Square footage. The minimum square feet of living area on the main
floor shall meet the requirements of the applicable zoning district.
C.Â
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.
D.Â
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.
E.Â
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.
A.Â
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.
B.Â
Permit. No person shall install or cause to be installed a radiant
heating unit without first obtaining a permit from the Building Inspector.
C.Â
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:
D.Â
Inspection. Prior to the issuance of the permit, the Building Inspector
shall inspect the subject unit for compliance with this chapter.
A.Â
Compliance with Dwelling Code. Accessory buildings shall comply with
the construction requirements of the Wisconsin Uniform Dwelling Code.
C.Â
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.
A.Â
Construction. All garages shall comply with the construction provisions
of the Wisconsin Uniform Dwelling Code and the following restrictions:
(1)Â
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).
(2)Â
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.
B.Â
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.
A.Â
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.
B.Â
Permit posting. Building permits shall be posted in a prominent place
on the premises during the period of location.
C.Â
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.
A.Â
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.
B.Â
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.
C.Â
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:
(1)Â
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.
(2)Â
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.
(3)Â
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.
A.Â
Stop-work order.
(1)Â
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.
(2)Â
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.
B.Â
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.
C.Â
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:
(1)Â
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.
(2)Â
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.
D.Â
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.
A.Â
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.
B.Â
Procedure.
(1)Â
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.
(2)Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
(1)Â
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.
(2)Â
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.
(3)Â
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.
(4)Â
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)Â
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.
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.
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.
[Amended 10-17-2019 by Ord. No. 19-16]
A.Â
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.
B.Â
Refund
of fees.
(1)Â
Fees
shall be nonrefundable except where approved by the Town Administrator,
after a written request is received by the applicant.
(2)Â
Any
refund amount shall be calculated as the amount paid, less actual
costs incurred by the Town.
(3)Â
No
refund shall be given after work has started, after 180 days of submission
of initial application, or after the end of the calendar year in which
an application is submitted.
For the purpose of this chapter, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
If not defined herein, the word, term or phrase shall have the definition
commonly accepted including a relevant definition contained in the
Wisconsin Statutes. When not inconsistent with the context, the words
used in the present tense include the future, words in the plural
number include the singular number and words in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory:
Have a common property line or district line.
A detached building located on the same lot with a principal
building and generally used for storage, as a private garage or for
another use customarily incidental to the use of the principal building.
New construction performed on a building which increases
the outside dimensions of the dwelling.
A substantial change or modification other than an addition
or minor repair to a building or to systems involved within a building.
That portion of a building below the first floor or ground
floor with its entire floor below grade.
A building is any structure built for the support, shelter
or enclosure of persons, animals, chattels or movable property of
any kind, and which is permanently affixed to the land. When any portion
thereof is completely separated from every other portion by masonry
or fire wall without any window, which wall extends from the ground
to the roof, then such portion shall be deemed to be a separate building.
Permit issued by the Building Inspector allowing commencement
of project construction.
The condition or appearance of a building or structure, or
part thereof, characterized by breaks, holes, rot, crumbling, cracking,
peeling, rusting, inadequate paint, or other evidence of decay.
Includes, but is not limited to, unloading, throwing away,
discarding, emptying, abandoning, discharging, burning, spreading
onto open fields, land spreading or burying waste, garbage, refuse,
or sludge on, into, or under any property or lands whether publicly
or privately owned within the Town of Rome.
Any building which has the primary purpose of human habitation
and which contains one or two dwelling units.
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
A practice or a combination of practices implemented to prevent
or reduce erosion and the resulting deposition of soil, sediment or
rock fragments into waters of the state, public sewers or off the
owner's land. These procedures include, but are not limited to,
silt or filter fences, straw or hay bales, tarps or riprap, berms,
sediment basins or vegetative strips.
An enclosed or unenclosed structure used for storing motorized
vehicles.
A detached accessory building or portion of the principal
building, designed, arranged, used or intended to be used for storage
of automobiles of the occupant of the premises.
The average level of the finished surface of the ground adjacent
to the exterior walls of the building or structure.
A parcel of land. A lot may be a parcel designated in a plat
or described in a conveyance recorded in the Office of the Register
of Deeds, or any part of a large parcel when such part complies with
the requirements of this chapter as to width and area for the district
in which it is located.
Repair performed for maintenance or replacement purposes
on any existing one- or two-family dwelling which does not affect
room arrangement, light and ventilation, access to or efficiency of
any exit stairways or exits, fire protection or exterior aesthetic
appearance and which does not increase a given occupancy and use.
No building permit is required for work to be performed which is deemed
minor repair.
Any city, village, Town or county.
Pertains to and is the purpose for which a building is used
or intended to be used.
Any person occupying or having use of a building, structure,
premises of any part thereof.
Includes the plural as well as the singular and may mean
either a natural person, firm, association, partnership, private corporation,
public or quasi-public corporation, or combination of these who shall
hold title to a building, structure or property, or who shall be in
actual possession of, or have charge, or control of building, structure,
or property as agent of the title holder, or who shall be trustee
or guardian of the estate or person of the title holder.
Includes a corporation, firm partnership, association, organization
and any other group acting as a unit as well as individuals, including
a personal representative, receiver or other representative appointed
according to law. Whenever the term "person" is used in any section
of this chapter prescribing a penalty or fine, as to partnerships
or associations, the work shall include the partners or members thereof,
and as to corporations, shall include the officers, agents or members
thereof who are responsible for any violation of such section.
A structure or planting which conceals from view of public
ways and neighboring properties the area behind such structure or
planting.
The minimum allowable distance from a given point or line
of reference, such as a thoroughfare right-of-way, water line, or
prospective line to the furthest projection element of a building
or structure.
A building structure which contains one, two or separate
households intended to be used as a home, residence or sleeping place.
The building ground floor area outside the walls. Open or
wall-less structures are determined by measuring the dimensions outside
of the support poles.
Anything constructed or erected, the use of which requires
a more or less permanent location in or on the premises, or any other
attachment to something having a permanent location on the ground,
which includes, but is not limited to, objects such as buildings,
mobile homes, gas or liquid storage tanks, bridges, culverts, decks,
fences, satellite dishes or swimming pools.
All buildings and structures, which do not conform to the
minimum standards established by this chapter or by State of Wisconsin
Administrative Code.
The Town of Rome, Adams County, Wisconsin, or any duly appointed
designate thereof, including, but not limited to, the Town Board and
Town committees.
The present governing body of the Town or any successors
to the legislative power of said body, or any duly appointed designate
thereof.
The purpose or activity, for which the land or building thereof
is designed, arranged or intended, or for which it is occupied or
maintained.
A use which may be lawfully established in a particular zoning
district or districts provided it conforms with all requirements,
regulations, and standards of such district.
Public and private facilities, such as water wells, water
and sewage pumping stations, water storage tanks, electrical power
substations, static transformer stations, telephone and telegraph
exchanges, microwave radio relays and gas regulation stations, inclusive
of associated transmission facilities but not including sewage disposal
plants, municipal incinerators, warehouses, shops, storage yards and
power plants.
Waste is garbage, refuse, and all other discarded or salvageable
material, including materials resulting from industrial, commercial,
and agricultural operations and from domestic use and public service
activities.
An open space on a lot which is unoccupied and unobstructed
by buildings from its lowest level to the sky.
A yard extending along the full length of the rear lot line
between the side lot lines.
A permit issued by the Zoning Administrator that verifies
that a specified use is permitted at the location and that the lot
size and width requirements and the setback and yard requirements
have been complied with. The zoning permit does not verify that structural
components of a building comply with the Building Code. Such verification
is typically certified by issuance of a building permit.