Town of Wescott, WI Chapter 89 Building Construction

[HISTORY: Adopted by the Town Board of the Town of Wescott as indicated in article histories. Amendments noted where applicable.]

Article I Uniform Dwelling Code

[Adopted 2-8-2005 by Ord. No. 2005-01]

§ 89-1 Authority.

This article is adopted under authority granted by §§ 101.65, 61.34 and 66.1341, Wis. Stats. This article repeals and recreates Ord. No. 82-3 adopted March 9, 1982; Ord. No. 94-9 adopted October 11, 1994; Ord. No. 99-9 adopted July 13, 1999; Ord. No. 99-11 adopted October 12, 1999; Ord. No. 01-2 adopted May 7, 2001; Ord. No. 01-3 adopted July 17, 2001; Ord. No. 02-2 adopted January 8, 2002; and Ord. No. 03-2 adopted May 13, 2003.

§ 89-2 Purpose.

The purpose of this article is to promote the general health, safety, welfare and to maintain required local uniformity with the administrative and technical requirements of the Wisconsin Uniform Dwelling Code.

§ 89-3 Scope.

This article applies to the construction and inspection of all one- and two-family dwellings built since June 1, 1980; the alteration or addition to dwellings built prior to June 1, 1980; and all garages and other residential accessory buildings exceeding 200 square feet in area.

§ 89-4 General provisions.

A. Wisconsin Uniform Dwelling Code adopted. The Wisconsin Uniform Dwelling Code, Chapters SPS 320-325 of the Wisconsin Administrative Code ("Code") and all amendments thereto, is adopted and incorporated by reference and shall apply to all buildings within the scope of this article.

B. Building Inspector. There is hereby created the position of Building Inspector who shall administer and enforce this article and shall be certified by the Department of Safety and Professional Services as specified by § 101.66(2), Wisconsin Statutes, in the category of Uniform Dwelling Code Construction Inspector. Additionally, the Building Inspector shall possess certification categories of UDC HVAC, UDC Electrical, and UDC Plumbing.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

C. Appointment. The Building Inspector shall be appointed by the Town Board.

D. Records. The Building Inspector shall keep a record of all applications for building permits in a book for such purposes. The Building Inspector shall mark all building permits in the order of their issuance.

E. Inspections. The Building Inspector may at all reasonable times enter upon any public or private premises for inspection purposes. No person shall interfere with the Building Inspector while in the performance of the duties described herein. Inspections shall be conducted in accordance with § SPS 320.10, Wis. Adm. Code, as set forth below.

F. Required inspections. Inspections shall be conducted to ascertain whether or not the construction or installations conform to the conditionally approved plans, the Wisconsin building permit application and the provisions of the Code and shall notify the permit holder and the owner of any violations to be corrected.

(1) Inspection notice. The applicant or an authorized representative shall, in writing or orally, request inspections of the Building Inspector. The Building Inspector shall perform the requested inspection within two business days after notification, except the final inspection. Construction shall not proceed beyond the point of inspection until the inspection has been completed. Construction may proceed if the inspection has not taken place within two business days of the notification if otherwise agreed between the applicant and the Building Inspector.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(2) Inspection types. The following sequence of inspections shall be performed for the purpose of determining if the work complies with the Code:

(a) Footing and foundation inspection. The excavation shall be inspected after the placement of forms, shoring and reinforcement, where required, and prior to the placement of footing materials. Where below-grade drain tiles, waterproofing or exterior insulation are required, the foundation shall be inspected prior to backfilling.

(b) Rough inspection. A rough inspection shall be performed for each inspection category listed in Subsection F(2)(a) through (e) after the rough work is constructed but before it is concealed. All categories of work for rough inspections may be completed before the notice for inspection is provided. The applicant may request one rough inspection or individual rough inspections.

[1] General construction, including framing.

[2] Rough electrical.

[3] Rough plumbing.

[4] Rough heating, ventilating and air conditioning.

[5] Basement drain tiles.

(c) Insulation inspection. An inspection shall be made of the insulation and vapor retarder after they are installed but before they are concealed.

(d) Final inspection. The dwelling may not be occupied until a final inspection has been made which finds that no violations of the Code exist that could reasonably be expected to affect the health and safety of the occupant.

(e) Erosion control inspection. Erosion control inspections shall be performed concurrently with all other required construction inspections. Additional inspections for erosion control may be performed.

(3) Notice of compliance and noncompliance.

(a) General. Notice of compliance or noncompliance with the Code shall be written on the building permit and posted at the job site. Upon finding of noncompliance, the Building Inspector shall also notify the applicant of record and the owner, in writing, of the violations to be corrected. Except as specified in Subsection F(3)(b), the Building Inspector shall order all cited violations corrected within 30 days after written notification, unless an extension of time is granted under § SPS 320.21.

(b) Soil erosion control requirements.

[1] The Building Inspector shall order all cited violations of erosion control requirements under § SPS 321.125(1)(a) through (d) corrected within 72 hours after notification and may issue a special order directing an immediate cessation of work for failure to comply with the corrective order. Work may continue when the conditions of the cessation order have been met.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[2] If written notification is delivered in person, the seventy-two-hour compliance period shall begin at the time of delivery. If faxed or sent through the mail, the compliance period shall begin at the time the notification was received by the applicant of record.

[3] If verbal notification, in person or by telephone, is given prior to delivery of written notification, the seventy-two-hour notification shall begin at the time of verbal notification. The written notification shall then be delivered, in person or via mail or fax, to the applicant of record at their business address and shall include the date and time of verbal notification.

G. Voluntary inspections. The Building Inspector may, at the request of the owner or the lawful occupant, enter and inspect dwellings, subject, to the provisions of the Code, to ascertain compliance with the Code.

H. Electrical service connection/reconnection inspections. Any original connection to electric service and any reconnection of electrical service involving the main disconnect, meter pedestal or weatherhead shall require an inspection by the Building Inspector. Any connection of electric service for a mobile home shall require an inspection by the Building Inspector.

§ 89-5 Building permits.

A. Building permit required. No person shall alter, in excess of $1,000 value in any twelve-month period, build, add onto or alter any building within the scope of this article without first obtaining a building permit for such work from the Building Inspector. Any structural changes or major changes to mechanical systems that require extensions shall require permits.

B. Grade elevations for certain parcels. As a condition and requirement for a building permit for any lot or parcel 100 feet or less in width and/or less than 1/2 acre in size, the Building Inspector shall require the applicant to submit two copies of a grading plan and final proposed maximum grade elevation, to scale, for a dwelling and any accessory building over 400 square feet in area.

(1) In reviewing a grading plan the Building Inspector shall be guided by the average of the grade elevations on either side on adjacent lots and, in addition, such factors as topography, driveway access, public road elevations and existing and proposed drainage improvements.

(2) Upon approval of any grading plan and final proposed maximum grade elevation, the Building Inspector shall sign and date each copy and return one copy to the applicant. Any conditions of approval shall be stated on the plans.

C. Exemptions. Restoration or repair of an installation to its previous Code-compliant condition as determined by the Building Inspector is exempt from building permit requirements. Re-siding, re-roofing and finishing of interior surfaces shall be exempted from permit requirements.

D. Submission of plans. The applicant shall submit two copies of plans at the time the building permit application is filed.

E. Lapse of building permit. The building permit shall expire two years after issuance if the dwelling's exterior has not been completed.

F. Permit fees. Building permit fees shall be determined by resolution of the Town Board and shall be paid at the time the building permit is issued.

G. Suspension or revocation. The Town may suspend or revoke any building permit where it appears that the permit or approval was obtained through fraud or deceit, where the applicant has willfully refused to correct a violation order or where the Building Inspector is denied access to the premises. No construction shall take place after suspension or revocation of the permit.

§ 89-6 Preliminary construction permit.

A. Purpose. A preliminary construction permit authorizes the construction of footings and basements for one- and two-family dwellings prior to final plan approval by the Building Inspector.

B. Preliminary construction permit requirements.

(1) Submission of building plans to the Building Inspector.

(2) Payment of a preliminary construction fee permit as established by the Town Board.

(3) Owner execution of a Preliminary Construction Permit Waiver, Release and Acknowledgment Form approved by the Town Board that shall indemnify and hold the Town harmless from and against any and all liability, claims, losses or damages of any kind or nature that may result from the construction of any improvement to the property prior to final approval of building plans by the Building Inspector.

§ 89-7 Violations and penalties; appeals.

A. Violations. No person shall construct or alter any building in violation of any of the provisions of this article or the Code.

B. Injunctive relief. When violations occur, the Town Board may bring legal action to enjoin any violations.

C. Penalties. Any person who violates this article shall, upon conviction, be subject to the forfeiture amount in the Fine and Forfeiture Schedule of the Town of Wescott that shall be as set from time to time by resolution by the Town of Wescott. Each violation and each day a violation continues or occurs shall constitute a separate offense.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

D. Appeals. Appeals of any order or determination made under this article, including denials of building permit applications, shall be made in accordance with the procedures set forth in Ch. 68, Wisconsin Statutes. Appeal of any final determination made by the Town shall be made to the Wisconsin Department of Safety and Professional Services after the procedures of Ch. 68 have been exhausted. All appeals to the Department shall be in writing stating the reason for the appeal. All appeals shall be filed with the Department within 10 business days of the date the final determination is rendered by the Town under Ch. 68.