[HISTORY: Adopted by the Common Council of the City of Colby 10-5-1995 as Title 15, Ch. 1, of the
1995 Code. Amendments noted where applicable.]
A.
Title. This chapter shall be known as the "Building Code of the City
of Colby" and will be referred to in this chapter as "this code" or
"this chapter."
B.
Purpose. 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 in the City of Colby.
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.
Scope; applicability; statutory authority.
(1)
Scope. New buildings hereafter erected in, or any building hereafter moved within or into, the City of Colby shall conform to all the requirements of this chapter except as they are herein specifically exempted from part or all of its provisions. 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 persons is a "new building" to the extent of such change. The provisions of this chapter supplement the laws of the State of Wisconsin pertaining to construction and use and Chapter 480, Zoning, of the Code of the City of Colby and amendments thereto to the date this chapter was adopted and in no way supersede or nullify such laws and Chapter 480, Zoning.
(2)
Applicability. This Building Code applies to all dwellings, commercial
buildings/structures, swimming pools, garages, structures, buildings
and accessory buildings. Not included are children's play structures
and agricultural buildings on agriculturally zoned parcels.
(3)
Statutory authority. These regulations are adopted under the authority
granted by § 101.65, Wis. Stats.
A.
Permit required.
(1)
General permit requirement.
(a)
No building of any kind shall be moved within or into the City
of Colby and no new building or structure, or any part thereof, shall
hereafter be erected, or ground broken for the same, or enlarged,
altered, moved, demolished, razed or used within the City, except
as herein provided, until a permit therefor shall first have been
obtained by the owner, or his/her authorized agent, from the City.
(b)
A Uniform Dwelling Code (UDC) building permit issued by the
Building Inspector is required for all additions to the living quarters,
including attached garages but excluding decks, on houses constructed
before and after June 1, 1980. In addition, a UDC building permit
is required for all alterations to dwellings exceeding $5,000 in value
except for re-siding, re-roofing, finishing of interior surfaces,
installation of cabinetry or installation of a furnace.
(c)
If a person alters a building not subject to the provisions of Subsection A(1)(b) above in excess of $1,000 but less than or equal to $5,000 in value in any twelve-month period, or makes additions to a building exceeding $1,000 in value, but which additions are exemptions under the provisions of the Uniform Dwelling Code, or alters or makes additions to detached garages and/or decks exceeding $1,000 in value, that person shall first obtain a building permit for such work from the City Building Inspector.
(d)
Any structural changes or major changes to mechanical systems
that involve extensions shall require permits if the value of such
work is over the foregoing thresholds.
(e)
Work requiring a permit; exemptions.
[1]
Prior to commencing any of the following work, the owner or his/her
agent shall obtain a valid permit from the appropriate inspector for:
[a]
New buildings.
[b]
Additions that increase the physical dimensions
of a building, including decks.
[c]
Alterations to the building structure, with cost
determinations including market labor value, or alterations to the
building's heating, electrical or plumbing systems.
[d]
Re-siding, re-roofing projects, and finishing of
interior surfaces, installation of cabinetry and finishing of interior
surfaces require a building permit from the City Building Inspector.
Unless structural calculations are provided, no more than two layers
of roofing shall be installed on a roof.
[e]
Any electrical wiring for new construction or remodeling.
[f]
Any HVAC for new construction or remodeling.
[g]
Any plumbing for new construction or remodeling.
[2]
(2)
Alterations and repairs. The following provisions shall apply to
buildings altered or repaired:
(a)
Alterations. When any existing building or structure accommodates
a legal occupancy and use but is of a substandard type of construction,
then alterations which involve beams, girders, columns, bearing or
other walls, room arrangement, heating and air-conditioning systems,
light and ventilation or changes in location of exit stairways or
exits, or any or all of the above, may be made in order to bring such
existing construction into conformity with the minimum requirements
of this chapter applicable to such occupancy and use and given type
of construction, when not in conflict with any other regulations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(b)
Repairs. Repairs for purposes of maintenance, or replacements
in any existing building or structure which do not involve the structural
portions of the building or structure or which do not affect room
arrangement, light and ventilation, access to or efficiency of any
exit stairways, or exits, fire protection, or exterior aesthetic appearance
and which do not increase a given occupancy or use, shall be deemed
minor repairs.
(c)
Alterations not permitted. When any existing building or structure,
which, for any reason whatsoever, does not conform to the regulations
of this chapter, has deteriorated from any cause whatsoever to an
extent greater than 50% of the equalized value of the building or
structure, no alterations or moving of such building or structure
shall be permitted. Any such building or structure shall be considered
a menace to public safety and welfare and shall be ordered vacated
and thereafter demolished and debris removed from the premises.
(d)
Alterations and repairs required. 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; failing in which the building
or structure shall be considered a menace to public safety and shall
be vacated and thereafter no further occupancy or use of the same
shall be permitted until the regulations of this chapter are complied
with.
(e)
Extent of deterioration. The amount and extent of deterioration
of any existing building or structure shall be determined by the Building
Inspector.
B.
Application. Application for a building permit shall be made in writing
upon a form furnished by the City and shall state the name and address
of the owner of the land and also the owner of the building if different,
contact information (email address and fax, telephone and cellphone
numbers), 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 and such other information as the
Building Inspector or City officials/the Common Council/other City
authority/or designee may require.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Dedicated street and approved subdivision required. No building permit
shall be issued unless the property on which the building is proposed
to be built abuts a street that has been dedicated for street purposes.
No building permits shall be issued until the land division and required
improvements and phasing are accepted by the Common Council.
D.
Utilities required.
(1)
Residential buildings. No building permit shall be issued for the
construction of any residential building until sewer, water, grading
and graveling are installed in the streets necessary to service the
property for which the permit is required and a receipt for payment
of electrical connection is presented to the Building Inspector. The
Common Council determines the areas of availability of public utilities
in the City.
(2)
Nonresidential buildings. No building permit shall be issued for
the construction of any building other than residential until contracts
have been let and financial assurances to the City filed for the installation
of sewer, water, grading and graveling in the streets necessary to
service the property for which the permit is requested. The Common
Council determines the areas of availability of public utilities in
the City.
(3)
Occupancy. No person shall occupy any building until sewer, water,
grading and graveling are installed in the streets necessary to service
the property, and a certificate of occupancy shall not be issued until
such utilities are available to service the property.
E.
Elevations. The first floor minimum elevation of a house shall be
18 inches above the curbline at the high side. The maximum driveway
elevation shall be 12% from the flag of the curb to the threshold
of the garage door.
F.
Submission of plans.
(1)
Basic application information. Two sets of building plans shall be
submitted to the Building Inspector for any work which expands the
size of a building, involves a new building or as required by the
Building Inspector. If a new building or building addition is proposed,
then a plot plan showing such proposed work and existing buildings
and property lines shall be submitted. A third set of plans may be
requested, at the discretion of the Building Inspector, for the Assessor.
The Building Inspector may require the owner or contractor to submit
plans for any construction, building moving or demolition project
when the Building Inspector determines that it is necessary to review
such plans to assure that the proposed project will comply with all
applicable codes.
(2)
Required plot information. The above-described plot plan for a new
building shall be a parcel survey (one original with surveyor's signature
and stamp plus two copies) or other form of plot plan acceptable to
the Building Inspector. Said plot plan or survey shall show the following:
(a)
Location and dimensions of all existing and proposed buildings.
(b)
Lot dimensions and all lot corner elevations using USGS datum.
(c)
Building setbacks.
(d)
The elevation of the proposed structure using USGS datum (must
be in accordance with the approved grading plan).
(e)
Elevation of the lot and relation to sidewalk, street, etc.
using USGS datum.
(f)
Elevation and setback of adjacent buildings using USGS datum.
(g)
Type of monuments at lot corners (i.e., I.P.).
(h)
Watercourses, existing drainage ditches, easements and drainage
patterns.
(i)
Seal and signature of surveyor or professional engineer or a
certificate signed by the applicant.
(3)
Erosion control plan. A construction erosion control plan setting
forth proposed information and procedures needed for control of soil
erosion, surface water runoff and sediment deposition at the building
site shall also be filed if needed for the project.
(4)
Scale. Plans, specifications and plot plans shall be drawn to a minimum
scale of 1/4 inch to one foot (fireplace details to 3/4 inch to one
foot).
(5)
Filing of plans. One set of plans shall be returned after approval
as provided in this chapter. The second set shall be filed in the
office of the Building Inspector. Plans for buildings involving the
State Commercial Building Code shall bear the stamp of approval of
the Wisconsin Department of Safety and Professional Services. One
plan shall be submitted which shall remain on file in the office of
the Building Inspector. All plans and specifications shall be signed
by the designer.
(6)
Additional UDC requirements. Plans for all new one- and two-family
dwellings shall comply with the provisions of § SPS 320.09,
Wis. Adm. Code.
(7)
Foundation elevation and location confirmation. The City shall issue
its preliminary building permit as a result of the above submittals;
subject, however, to the owner confirming the actual elevations and
location of the foundation once it is installed. No further construction
work can be completed on the new building until submission of a recertification
of the foundation elevations and location, confirming that the foundation
elevations and location conform with the original permit and application
regulations.
G.
Waiver of plans; minor repairs.
(1)
Waiver. If the Building Inspector finds that the character of the
work is sufficiently described in the application, he/she may waive
the filing of plans for alterations, repairs or moving, provided the
cost of such work does not exceed $5,000.
(2)
Minor repairs. The Building Inspector may authorize minor repairs
or maintenance work without a building permit on certain projects:
minor repairs and alterations with a fair market value less than $5,000,
as determined by the Building Inspector, which do not change occupancy,
area, structural strength, fire protection, exits, natural light or
ventilation.
H.
Site plan approval for multifamily and commercial structures.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
Site plan approval. All applications for building permits for any
construction, reconstruction, expansion or conversion, except for
one- and two-family residences in residentially zoned districts, shall
require site plan approval by the Planning Committee in accordance
with the requirements of this subsection. The applicant shall submit
a site plan and sufficient plans and specifications of proposed buildings,
machinery and operations to enable the Planning Committee or its expert
consultants to determine whether the proposed application meets all
the requirements applicable thereto in this chapter.
(2)
Administration. The Building Inspector shall make a preliminary review
of applications and plans under this subsection and refer them along
with a report of his/her findings to the Planning Committee. The Planning
Committee shall review the application and may refer the application
and plans to one or more expert consultants selected by the Planning
Committee to advise whether the application and plans meet all the
requirements applicable thereto in this chapter. Within 30 days of
its receipt of the application, the Planning Committee shall authorize
the Building Inspector to issue or refuse a building permit.
(3)
Requirements. In acting on any site plan approval application, the
Planning Committee shall consider the following:
(a)
The appropriateness of the site plan and buildings in relation
to the physical character of the site and the usage of adjoining land
areas.
(b)
The layout of the site with regard to entrances and exits to
public streets; the arrangement and improvement of interior roadways;
the location, adequacy and improvement of areas for parking and for
loading and unloading; and shall, in this connection, be satisfied
that the traffic pattern generated by the proposed construction or
use shall be developed in a manner consistent with the safety of residents
and the community, and the applicant shall design the construction
or use so as to minimize any traffic hazard created thereby.
(c)
The adequacy of the proposed water supply, drainage facilities
and sanitary and waste disposal.
(d)
The landscaping, lighting and appearance of the completed site.
The Planning Committee may require that those portions of all front,
rear and side yards not used for off-street parking shall be attractively
planted with trees, shrubs, plants and/or grass lawn/medians, and
that the site be effectively screened so as not to impair the value
of adjacent properties nor the intent or purposes of this chapter.
(4)
Effect on municipal services. Before granting any site approval,
the Planning Committee may, besides obtaining advice from consultants,
secure such advice as may be deemed necessary from the Building Inspector
or other municipal officials/consultants, with special attention to
the effect of such approval upon existing municipal services and utilities.
Should additional facilities be needed, the Planning Committee shall
not issue its final approval until the City has entered into an agreement
with the applicant regarding the development of such facilities.
(5)
Appeals. Denials of building permits contingent upon site plan approval
may be appealed to the Board of Appeals by filing a notice of appeal
with the City Clerk-Treasurer within 10 days of the denial.
I.
Permit issuance for new non-UDC projects. If the City Building Inspector
in the case of non-UDC projects determines that the building will
comply with all applicable ordinances of the City and all applicable
laws and orders of the State of Wisconsin, the City Building Inspector
or his/her designee shall issue a building permit, which shall state
the use to 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 City Building Inspector.
J.
Approval of plans; permit issuance for UDC projects.
(1)
Preliminary foundation permit. The Building Inspector shall issue
the requested building permit for UDC projects as a preliminary permit
to construct the foundation if the owner or contractor demonstrates
that all state, county and local submission requirements are satisfied.
If a permit card is issued, it shall be posted at the job site in
a visible location from the street. A preliminary permit is valid
for six months. A preliminary permit may be extended for a specific
time frame upon the Building Inspector's approval and payment of appropriate
fees.
(2)
Recertification; final building permit issuance. Upon completion
of the foundation, the owner or contractor shall submit data identifying
setbacks and elevations. Said information shall be submitted to the
Building Inspector, who shall review it to determine that local setback
and elevation requirements are satisfied. If the existing foundation
conforms to the local requirements, a final building permit shall
be issued and it shall be posted at the job site in a visible location
from the street. A final building permit may be extended for a specific
time frame upon the Building Inspector's approval and payment of appropriate
fees.
(3)
Right of inspection access. By accepting a permit, the applicant,
owner or contractor grants the Building Inspector the right of access
to the real estate on which the permitted construction or demolition
will occur.
(4)
Building permits conditioned upon compliance with codes. All permits
are issued conditionally on the condition that the owner and/or contractor(s)
shall conform to the requirements of all applicable building codes,
zoning ordinances and setback requirements on constructing the 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.
(5)
Partial building permit. In case adequate plans are presented for
part of a UDC-classified building only, the Building Inspector, at
his/her discretion, may issue a permit for that part of the building
before receiving the plans and specifications for the entire building.
K.
Inspections.
(1)
Required inspections. The following inspections for UDC projects
shall be requested 48 hours (business work days) in advance by the
applicant/contractor or property owner to the Building Inspector,
as applicable:
(2)
Failure to request inspections. The requirement to request any inspections
is the responsibility of the contractor and/or property owner.
L.
Permit lapses. A building permit shall lapse and be void unless building
operations are commenced within six months and if construction has
not been completed within 12 months from the date of issuance thereof.
M.
Revocation of permits.
(1)
Grounds for revocation. The Building Inspector or City officials/the
Common Council/other City authority/or designee may revoke any building,
plumbing, HVAC or electrical permit, certificate of occupancy 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:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(a)
Whenever the Building Inspector or City officials/the Common
Council/other City authority/or designee finds 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 or instruction has been issued to the permit holder.
(b)
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 or City officials/the
Common Council/other City authority/or designee, 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.
(2)
Permit revocation. The notice revoking a building, plumbing or electrical
certificate of occupancy or approval shall be in writing and may be
served upon the applicant for the permit, owner of the premises and
his/her agent, if any, and on the person having charge of construction.
(3)
Permit revocation placard. A revocation placard shall also be posted
upon the building, structure, equipment or premises in question by
the Building Inspector or City officials/the Common Council/other
City authority/or designee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(4)
Construction unlawful following permit revocation. After the notice
is delivered 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 chapter,
shall be procured and fees paid therefor, and thereafter the resumption
of any construction or operation shall be in compliance with the regulation
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 the Building Inspector may require
for the preservation of life and safety.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
N.
Report of violations. City officers and officials shall report at
once to the Building Inspector or City officials/the Common Council/other
City authority/or designee any building which is being carried on
without a permit as required by this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
O.
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.
P.
Inspection warrants. If the Building Inspector is denied access to
inspect a property, he/she may request the City Attorney to seek an
inspection warrant pursuant to § 66.0119, Wis. Stats.
Q.
Fee determination; payment of fees.
(1)
Payment of fees. All fees under this chapter shall be paid to the
City Clerk-Treasurer. Upon presentation of the City Clerk-Treasurer's
receipt showing that the fees prescribed in this chapter have been
paid, the appropriate Inspector, upon entering upon the application
the number of the receipt, shall issue to the owner, or his/her agent,
a building permit.
(2)
Setting of fees. Building permit fees shall determined by resolution
or ordinance of the Common Council and shall include the current UDC
permit seal fee, to be forwarded to the Wisconsin Department of Safety
and Professional Services, that shall be assigned to any new dwelling
or existing dwelling that requires such a permit.
A.
Adoption of codes.
(1)
Wisconsin Administrative Codes adopted. The following Wisconsin Administrative
Codes and subsequent revisions pertaining to construction activity
are adopted by reference for municipal enforcement and incorporated
herein:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
|
Ch. SPS 316, Electrical Code
|
|
Chs. SPS 320 to 325, Uniform Dwelling Code
|
|
Ch. SPS 326, Manufactured Home Communities
|
|
Chs. SPS 361 to 366, Commercial Building Code
|
|
Chs. SPS 375 to 379, Buildings Constructed Prior to 1914
|
|
Chs. SPS 381 to 387, Uniform Plumbing Code
|
(2)
Commercial and pre-1914 buildings codes. Chapters SPS 360 through
SPS 366, Wis. Adm. Code (Wisconsin State Commercial Building Code),
and Chs. SPS 375 to 379, Wis. Adm. Code (Existing Pre-1914 Buildings
Code) are hereby adopted and made a part of this chapter with respect
to those classes of buildings to which this Building Code specifically
applies. Any future amendments, revisions and modifications of said
Wisconsin Administrative Code provisions incorporated herein are intended
to be made a part of this code. A copy of said Wisconsin Administrative
Code provisions and amendments thereto shall be kept with the Building
Inspector.
(3)
Adoption of additional codes. By virtue of adopting § SPS
361.05, Wis. Adm. Code, the following codes are also adopted and incorporated
by reference:
(a)
IBC. The International Building Code®, subject to the modifications specified in Chs. SPS 361 to 362,
Wis. Adm. Code.
(b)
IECC. The International Energy Conservation Code®, subject to the modifications specified in Ch.
SPS 363, Wis. Adm. Code.
(c)
IMC. The International Mechanical Code®, subject to the modifications specified in Ch. SPS 364, Wis. Adm.
Code.
(d)
IFGC. The International Fuel Gas Code®, subject to the modifications specified in Ch. SPS 365, Wis. Adm.
Code.
(4)
Violations; amendments. Any act required to be performed or prohibited
by a Wisconsin Administrative Code provision incorporated herein by
reference is required or prohibited by this chapter. Any future amendments,
revisions or modifications of the Wisconsin Administrative Code provisions
incorporated herein are intended to be made part of this chapter to
secure uniform statewide regulation of one- and two-family dwellings
in the City of Colby. A copy of these administrative code provisions
and any future amendments shall be kept on file in the Building Inspector's
Office.
B.
Scope of Uniform Dwelling Code expanded. For the purposes of this
chapter, the provisions of the Wisconsin Uniform Dwelling Code are
the standards for construction of the following:
(1)
Additions. Additions, alterations and major equipment replacements
for one- and two-family dwellings built prior to June 1, 1980.
(2)
Detached garages. New construction detached garages shall comply with the standards in § 203-10 or the following requirements, whichever is more restrictive. Detached garages greater than 200 square feet serving one- and two-family dwellings. Grade beam slabs are required for private, residential garages with a continuous floating slab of reinforced concrete and shall not be less than four inches in thickness. Reinforcement shall be a minimum of six-inch by six-inch, number 10 wire mesh. The slab shall be provided with a thickened edge all around, eight inches wide and eight inches below the top of the slab. (Exempted are "frost-free footings" for detached residential accessory buildings.) Chapter SPS 322, Wis. Adm. Code, shall not apply.
C.
Existing buildings. The Wisconsin Uniform Dwelling Code shall also
apply to buildings and conditions where:
(1)
An existing building is to be occupied as a one- or two-family dwelling,
which building was not previously so occupied.
(2)
An existing structure is altered or repaired, when the cost of such
alteration or repair during the life of the structure exceeds 50%
of the equalized value of the structure, said value to be determined
by the City Assessor.
(3)
Additions and alterations, regardless of cost, made to an existing building, when deemed necessary in the opinion of the Building Inspector, shall comply with the requirements of this chapter for new buildings. The provisions of § 203-2 shall also apply.
(4)
Roof coverings. Whenever more than 35% of the roof covering of a
building is replaced in any twelve-month period, all roof covering
shall be in conformity with applicable sections of this chapter.
(5)
Additions and alterations. Any addition or alteration, regardless
of cost, made to a building shall be made in conformity with applicable
sections of this chapter.
D.
ADDITION
ALTERATION
BUILDING INSPECTOR
DEPARTMENT
DWELLING
MINOR REPAIR
ONE- OR TWO-FAMILY DWELLING
PERSON
UNIFORM DWELLING CODE (UDC)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
New construction performed on a dwelling which increases
the outside dimensions of the dwelling.
A substantial change or modification other than an addition
or minor repair to a dwelling or to systems involved within a dwelling.
The state-certified inspector who performs UDC inspections in the City of Colby. For purposes of this chapter, the title shall also include the official performing plumbing, electrical and HVAC plan reviews and inspections. (See Subsection E below.)
The Wisconsin Department of Safety and Professional Services.
A 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.
A building structure which contains one or separate households
intended to be used as a home, residence or sleeping place by an individual
or by two or more individuals maintaining a common household to the
exclusion of all others.
An individual, partnership, firm or corporation.
Those Administrative Code provisions, and any future amendments,
revisions or modifications thereto, contained in the following chapters
of the Wisconsin Administrative Code:
|
Ch. SPS 320, Administration and Enforcement
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Ch. SPS 321, Construction Standards
|
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Ch. SPS 322, Energy Conservation
|
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Ch. SPS 323, Heating, Ventilating and Air Conditioning
|
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Ch. SPS 324, Electrical Standards
|
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Ch. SPS 325, Plumbing
|
E.
Method of enforcement; UDC Building Inspector; City Building Inspector.
(1)
UDC Building Inspector. There is hereby created the position of Uniform
Dwelling Code (UDC) Building Inspector, who shall administer and enforce
all of the provisions of the Uniform Dwelling Code. The Building Inspector
shall be certified under § SPS 305.63, Wis. Adm. Code. In
addition, the UDC Building Inspector, or any other UDC Building Inspector
as appointed by the Common Council, shall possess the state certification
categories of UDC, HVAC, UDC Electrical and UDC Plumbing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
City Building Inspector. There is further created the position of
City Building Inspector, appointed by the Common Council, who shall
be authorized to issue City building permits and determine if a UDC
inspection is required.
(3)
Inspection powers. 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 heating work.
No person shall interfere with or refuse to permit access to any such
premises to the Building Inspector or his/her agent while in performance
of his/her duties.
(4)
Records. The Building Inspector shall perform all administrative
tasks required by the state under the Uniform Dwelling Code. In addition,
the Building Inspector shall keep a record of all applications for
building permits in a book for such purposes 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 kept.
A.
Portions of State Commercial Building Code adopted. Chapters SPS
360 through SPS 366, Wis. Adm. Code (Wisconsin State Commercial Building
Code) are hereby adopted and made a part of this chapter with respect
to those classes of buildings to which this Building Code specifically
applies. Any future amendments, revisions and modifications of said
Chs. SPS 360 through 366, Wis. Adm. Code, incorporated herein are
intended to be made a part of this Code. A copy of said Wisconsin
Administrative Codes and amendments thereto shall be kept on file
in the office of the Building Inspector.
B.
State Plumbing Code adopted. The provisions and regulations of Ch.
145, Wis. Stats., and Chs. SPS 381, SPS 382, SPS 383 and SPS 325,
Wis. Adm. Code, 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 City of Colby. Any further amendments,
revisions and modifications of said Wisconsin Statutes and Administrative
Code herein are intended to be made part of this chapter.
C.
State Electrical Code adopted.
(1)
Chapter SPS 324, Wis. Adm. Code, and the currently adopted version
of the National Electrical Code, are 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)
Subject to the exceptions set forth in this chapter, the Electrical Code, Volume 1, and Rules of Electrical Code, Volume 2, of the Wisconsin Administrative Code are hereby adopted by reference and made a part of this section and shall apply to all buildings, except those covered in Subsection C(1) above.
D.
Conflicts. If in the opinion of the Building Inspector the provisions of the State Commercial Building Code adopted by Subsection A of this section and/or the Uniform Dwelling Code adopted in § 203-3 shall conflict with the provisions of the Federal Housing Administration standards in their application to any proposed building or structure, the Inspector and the City shall apply the most stringent provisions in determining whether or not the proposed building meets the requirements of this chapter.
A.
Approval requirements for 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 chapter shall not be so used until approved
in writing by the Wisconsin Department of Safety and Professional
Services for use in buildings or structures covered by the Wisconsin
State Building Code, except sanitary appliances, which shall be approved
in accordance with the State Plumbing Code.
B.
Manufacturer's installation requirements. 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 Wisconsin 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 Wisconsin Department of Safety
and Professional Services.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Whenever the Building Inspector or City officials/the Common
Council/other City authority/or designee find any building or part
thereof within the City of Colby to be, in their judgment, so 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, such City authorities shall order
the owner to raze and remove such building or part thereof or, if
it can be made safe by repairs, to repair and make safe and sanitary,
or to raze and remove at the owner's option. Such order and proceedings
shall be as provided in § 66.0413, Wis. Stats.
The purpose of the inspections under this chapter is to improve
the quality of housing in the City of Colby. 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: "These 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."
Private garages shall be built in accordance with the general construction standards established in the accessory building requirements of Chapter 480, Zoning, of the City Code.
A.
No building within the City of Colby shall be razed without a permit
from the Building Inspector. A snow fence or other approved barricade
shall be provided as soon as any portion of the building is removed
and shall remain during razing operations. After all razing operations
have been completed, the foundation shall be filled at least one foot
above the adjacent grade, the property raked clean and all debris
hauled away. Razing permits shall lapse and be void unless the work
authorized thereby is commenced within six months from the date thereof
or completed within 30 days from the date of commencement of said
work. Any unfinished portion of work remaining beyond the required
30 days must have special approval from the Building Inspector.
B.
All debris must be hauled away at the end of each week for the work
that was done during that week. No combustible material shall be used
for backfill, but shall be hauled away. There shall not be any burning
of materials on the site of the razed building. If any razing or removal
operation under this section results in, or would likely result in,
an excessive amount of dust particles in the air creating a nuisance
in the vicinity thereof, the permittee shall take all necessary steps,
by use of water spraying or other appropriate means, to eliminate
such nuisance. The permittee shall take all necessary steps, prior
to the razing of a building, through the employment of a qualified
person in the field of pest control or by other appropriate means,
to treat the building to prevent the spread and migration of rodents
and insects therefrom during and after the razing operations.
A.
Basement subflooring. First floor subflooring shall be completed
within 45 days after the basement is excavated.
B.
Fencing of excavations. The owner of any premises on which there
exists an opening or excavation after 45 days so as to constitute
a hazard to pedestrian or vehicular traffic shall erect a fence, wall
or railing at least four feet high between such opening or excavation
and the public right-of-way.
C.
Closing of abandoned excavations. Any excavation for building purposes
or any uncovered foundation which shall remain open for more than
45 days shall be deemed abandoned and a nuisance, and the Building
Inspector shall order that unless the erection of the building or
structure on the excavation or foundation shall commence or continue
forthwith, suitable safeguards shall be provided to prevent accidental
injury to children or other frequenters or that the excavation or
foundation be filled to grade. Such order shall be served upon the
owner of record or the owner's agent, where an agent is in charge
of the premises, and upon the holder of an encumbrance of record in
the manner provided for service of a summons in the Circuit Court.
If the owner or the holder of an encumbrance of record cannot be found,
the order may be served by posting it on the premises and publication
in the official newspaper for two consecutive publications at least
10 days before the time for compliance stated in the order commences
to run. Such time shall be not less than 14 days nor more than 20
days after service. If the owner of the land fails to comply with
the order within the time required, the Building Inspector shall cause
the excavation or foundation to be filled to grade. The cost of such
abatement shall be charged against the real estate and entered on
the next succeeding tax roll as a special charge and shall bear interest
at a rate established by the Common Council from the date of the report
by the Building Inspector on the cost thereof, pursuant to the provisions
of § 66.0707, Wis. Stats.
D.
Vacant buildings. Whenever any building or structure is vacant and
the doors and windows or any part thereof have been removed or opened,
leaving the interior of such building or structure exposed to the
elements and accessible to trespassers, then such building or structure
shall be deemed to be dangerous, unsafe and a menace to public safety.
The Building Inspector shall give the owner thereof written notice
to secure said building or structure and comply with City Code requirements
within 30 days of the date of said notice. Failure to comply with
said written notice shall be sufficient grounds for the Building Inspector
to condemn and raze said building or structure in accordance with
the applicable provisions of § 66.0413, Wis. Stats.
A.
Discharge. No person shall cause, allow or permit any roof drain,
surface drain, subsoil drain, drain from any mechanical device, gutter,
ditch, pipe, conduit, sump pump or any other object or thing used
for the purposes of collecting, conducting, transporting, diverting,
draining or discharging clear water from any part of any private premises
owned or occupied by said person to discharge into a sanitary sewer.
B.
Nuisance. The discharge into a sanitary sewer from any roof drain,
surface drain, subsoil drain, drain from any mechanical device, gutter,
ditch, pipe, conduit, sump pump or any other object or thing used
for the purposes of collecting, conducting, transporting, diverting,
draining or discharging clear water from any part of any private premises
is hereby declared to be a public nuisance and a hazard to the health,
safety and well-being of the residents of the City and to the protection
of the property.
C.
Groundwater. Where deemed necessary by the Building Inspector, every
house shall have a sump pump installed for the purpose of discharging
clear waters from foundation drains and ground infiltration and where
the building is not serviced by a storm sewer shall either discharge
into an underground conduit leading to a drainage ditch, gutter, dry
well or shall discharge onto the ground surface in such other manner
as will not constitute a nuisance as defined herein.
D.
Stormwater. All roof drains, surface drains, drains from any mechanical
device, gutters, pipe, conduits or any other objects or things used
for the purpose of collecting, conducting, transporting, diverting,
draining or discharging stormwaters shall be discharged either to
a storm sewer, a dry well, an underground conduit leading to a drainage
ditch or onto the ground surface in such other manner as will not
constitute a nuisance as defined herein.
E.
Storm sewer lateral. Where municipal storm sewers are provided and
it is deemed necessary by the property owner and/or the City to discharge
clear waters from a parcel of land, a storm sewer lateral shall be
installed and connected to the storm sewer main at the expense of
the owner.
F.
Conducting tests. If the Building Inspector or his/her designated
agent suspects an illegal clear water discharge as defined by this
chapter or by any other applicable provision of the Wisconsin Administrative
Code as it may, from time to time, be amended, he/she may, upon reasonable
notice and at reasonable times, enter the private premises where such
illegal clear water discharge is suspected and conduct appropriate
tests to determine whether such suspected illegal clear water discharge
actually exists.
A.
General requirements.
(1)
No person shall move any building or structure upon any of the public
ways of the City of Colby without first obtaining a permit therefor
from the Building Inspector and upon the payment of the required fee.
Every such permit issued by the Building Inspector for the moving
of a building shall designate the route to be taken, the conditions
to be complied with and shall limit the time during which said moving
operations shall be continued.
(2)
A report shall be made by City employees with regard to possible
damage to trees. The estimated cost of trimming, removal and replacement
of public trees, as determined by the City, shall be paid to the Building
Inspector prior to issuance of the moving permit.
(3)
Issuance of moving permit shall further be conditioned on approval
of the moving route by the Common Council.
B.
Continuous movement. The movement of buildings shall be a continuous
operation during all the hours of the day and at night, until such
movement is fully completed. All such operations shall be performed
with the least possible obstruction to thoroughfares. No building
shall be allowed to remain overnight upon any street crossing or intersection
or so near thereto as to prevent easy access to any fire hydrant or
any other public facility. Lights shall be kept in conspicuous places
at each end of the building during the night.
C.
Street repair. Every person receiving a permit to move a building
shall, within one day after said building reaches its destination,
report that fact to the Building Inspector, inspect the streets, highways
and curbs and gutters over which said building has been moved and
ascertain their condition. If the removal of said building has caused
any damage to any street or highway, the person to whom the permit
was issued shall forthwith place them in as good repair as they were
before the permit was granted. On the failure of the said permittee
to do so within 10 days thereafter to the satisfaction of the Common
Council, the City shall repair the damage done to such streets and
hold the person obtaining such permit and the sureties on his/her
bond responsible for the payment of same.
D.
Conformance with Code. No permit shall be issued to move a building
within or into the City and to establish it upon a location within
the City until the Building Inspector has made an investigation of
such building at the location from which it is to be moved and is
satisfied from such investigation that said building is in a sound
and stable condition and of such construction that it will meet the
requirements of this Building Code in all respects. A complete plan
of all further repairs, improvements and remodeling with reference
to such building shall be submitted to the Building Inspector, and
he/she shall make a finding of fact to the effect that all such repairs,
improvements and remodeling are in conformity with the requirements
of this Building Code and that, when the same are completed, the building
as such will comply with said Building Code. In the event a building
is to be moved from the City to some point outside the boundaries
thereof, the provisions with respect to the furnishing of plans and
specifications for proposed alterations to such building may be disregarded.
E.
Bond.
(1)
Before a permit is issued to move any building over any public way
in the City, the party applying therefor shall give a bond to the
City of Colby in a sum to be fixed by the Building Inspector and which
shall not be less than $5,000, said bond to be executed by a corporate
surety or two personal sureties to be approved by the Common Council
or designated agent conditioned upon, among other things, the indemnification
to the City for any costs or expenses incurred by it in connection
with any claims for damages to any persons or property, and the payment
of any judgment, together with the costs and expenses incurred by
the City in connection therewith arising out of the removal of the
building for which the permit is issued.
(2)
Unless the Building Inspector, upon investigation, shall find it to be a fact that the excavation exposed by the removal of such building from its foundation shall not be so close to a public thoroughfare as to permit the accidental falling therein of travelers or the location, nature and physical characteristics of the premises and the exposed excavation, such as to make intrusion upon the premises and the falling into such excavation of children under 12 years of age unlikely, the bond required by Subsection E(1) shall be further conditioned upon the permittee erecting adequate barriers and, within 48 hours, filling in such excavation or adopting and employing such other means, devices or methods approved by the Building Inspector and reasonably adopted or calculated to prevent the occurrences set forth herein.
F.
Insurance. The Building Inspector shall require, in addition to the
bond above indicated, public liability insurance covering injury to
one person in the sum of not less than $100,000 and for one accident
in a sum not less than $200,000, together with property damage insurance
in a sum not less than $50,000, or such other coverage as deemed necessary.
If any section, clause, provision or portion of this chapter,
or of the Wisconsin Administrative Code adopted by reference, is adjudged
unconstitutional or invalid by a court of competent jurisdiction,
the remaining provisions shall not be affected.
A.
Violations. Any building or structure in the City of Colby 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 report all such violations to the Common Council and City Attorney, who may bring an action to enjoin the erection, enlargement, alteration, repair or moving of such building or structure or the establishment of such use of buildings in violation of this chapter or to cause such building, structure or use to be removed and may also be subject to a penalty as provided in the general penalty provisions of § 1-3 of this Code of Ordinances. 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 or City officials/the Common Council/other City authority/or designee constitute a defense. Compliance with the provisions of this chapter may also be enforced by injunctional order at the suit of the owner or owners of any real estate within the jurisdiction of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Compliance; penalties.
(1)
Notice of noncompliance. If an inspection reveals a noncompliance
with this chapter or the 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 § SPS 320.21(3), Wis. Adm. Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
Stop-work orders. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
Each day a separate offense. Each day each violation continues after
the thirty-day written notice period has run shall constitute a separate
offense. Nothing in this chapter shall preclude the City of Colby
from maintaining any appropriate action to prevent or remove a violation
of any provision of this chapter or the Uniform Dwelling Code.
(4)
Double permit fees for violations. If any construction or work governed
by the provisions of this chapter, the Uniform Dwelling Code or other
applicable codes adopted and incorporated in this chapter is commenced
prior to the issuance of a permit, double fees shall be charged.
C.
Appeals.
(1)
UDC appeals. Any person feeling aggrieved by an order or determination
of the Building Inspector on a matter governed by the Wisconsin Uniform
Dwelling Code may only appeal such an order to the Wisconsin Department
of Safety and Professional Services for a UDC interpretation.
(2)
Board of Appeals review. Any person feeling aggrieved by a non-UDC
order or a determination of the Building Inspector and/or other City
official administering this chapter may appeal from such order or
determination to the Board of Appeals. Those procedures customarily
used to effectuate an appeal to the Board of Appeals shall apply.
D.
Liability. Except as may otherwise be provided by the statute or
ordinance, no officer, agent or employee of the City of Colby charged
with the enforcement of this chapter shall render himself/herself
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/her
duties under this chapter. Any suit brought against any officer, agent
or employee of the City as a result of any act required or permitted
in the discharge of his/her duties under this chapter shall be defended
by the legal representative of the City until the final determination
of the proceedings therein.
