There is hereby created the Department of Building Inspection.
The Building Inspector, appointed by the municipality, shall act as
head of this Department.
A.
Duties. The Building Inspector is vested with the authority and responsibility
to enforce all laws controlling safe building construction. He shall
make inspections at the site of buildings damaged, by any cause whatsoever,
to determine the safety of buildings affected thereby.
B.
Rights. The Building Inspector, or his authorized agent, shall have
the power and authority, at all reasonable hours, for any proper purpose,
to enter upon any public or private premises and make inspection thereof
and to require the production of the permit for any building, plumbing,
electrical or heating work being done or the required license therefor.
No person shall interfere with or refuse to permit access to any such
premises to the above-described representatives of the municipality
while in the performance of their duties.
C.
Records. There shall be kept, in the Department of Building Inspection,
a record of all applications for building permits in files for such
purpose and each permit shall be regularly numbered in the order of
its issue. Also, a record showing the number, description size of
all buildings erected indicating the kind of materials used and the
cost of each building and aggregate cost of all buildings in the various
classes shall be kept. There shall be kept, in the Department of Building
Inspection, a record of all inspections made of all removal and condemnation
of buildings and a record of all fees collected showing the date of
their receipt.
A.
Permits required. No building or structure, or any part thereof,
shall hereafter be built, enlarged, altered or demolished within the
municipality or moved into, within or out of the municipality except
as hereinafter provided, unless a permit therefore shall first be
obtained by the owner or his agent from the Building, Electrical,
Plumbing, HVAC Inspector. All required fees, including any professional
fees, sewer and/or water impact fees (including assessment and/or
connection fees), park fees, etc., shall be paid before any building
permit can be issued. Permits required are as follows:
(1)
New building/addition.
(2)
Alterations/remodeling.
(3)
Electrical. In addition, all electrical service changes and/or modifications
require state certified Master Electrician and Electrical Contractor
certification to secure electrical permit.
(4)
Plumbing, including replacement dishwashers, water heaters, water
softeners, R.O. units, etc.
(5)
Heating, ventilating and air conditioning, including replacement
furnaces, A/Cs, boilers, etc.
(6)
Enlarging windows or doors.
(7)
Razing or wrecking.
(8)
Occupancy.
(9)
Moving of buildings.
(10)
Other permits as required by governing municipality.
C.
Application for permits. Application for a building permit shall
be made, in writing, upon a blank form to be furnished by the Building
Inspector and shall state the name and address of the owner of the
building and the owner of the land on which it is to be erected, the
name and address of the designer and shall set forth legal description
of the land on which the building is to be located, the location of
the building, the house number thereof and such other information
as the Building Inspector may require. With such application, there
shall be submitted, to the Building Inspector, two complete sets of
plans, specifications and two copies of a survey.
(1)
Survey. The survey shall be prepared and certified by a surveyor
registered by the State of Wisconsin and shall bear the date of the
survey. The certified survey shall also show the following:
(a)
Location and dimensions of all buildings on the lot, both existing
and proposed.
(b)
Dimensions of the lot.
(c)
Dimensions showing all setbacks to all buildings on the lot.
(d)
Proposed grade of proposed structure, to Town datum, including
proposed top of footing, foundation wall, basement/crawl space/slab
on grade floor, and garage floor elevations. A "Form A" groundwater
calculation (per current Waukesha County parks and land use standards)
and/or boring samples may be requested and required to be submitted,
when groundwater may have a negative impact on a structure or structures
proposed to be built/added onto. In no case shall the top of basement/crawl
space/slab on grade floor level be lower than the minimum requirements
set forth in this code, within 1,500 feet of the following bodies
of water listed below including other rivers measured horizontally
from the ordinary high-water mark (OHM) and Westshore Subdivision.
Measurements on the survey shall be indicated in the form of "above
sea level" and not any other base measurement. The Building Inspector
shall require the top of basement floor/crawl space/slab on grade
elevations to be a minimum of 24 inches above the observed groundwater
level of any said property in the Town during the construction phase,
or from written historical data in that area. In no case shall the
minimum top of basement/crawl space/slab on grade floor level be less
than the following elevations:
(e)
Grading plan including grade of lot and of road opposite lot.
(f)
Grade and setback of adjacent buildings. If adjacent lot is
vacant, submit elevation of nearest buildings on same side of the
road.
(g)
Type of monuments at each corner of lot.
(h)
Watercourses or existing drainage ditches.
(i)
Seal and signature of surveyor.
(j)
Total impervious surface areas of the entire property.
(2)
Plans and specifications. All plans shall be drawn to a scale not
less than 1/4 inch per foot, on paper or cloth in ink, or by some
other process that will not fade or obliterate, and shall disclose
the existing and proposed provisions for water supply, sanitary sewer
connections and surface water drainage. All dimensions shall be accurately
figured. Drawings that do not show all necessary detail shall be rejected.
A complete set of plans for residential construction shall consist
of:
(a)
All elevations.
(b)
All floor plans.
(c)
Complete construction details.
(d)
Fireplace details showing cross section of fireplace and flues.
(e)
Plans of garage when garage is to be built immediately or location
of garage when it is to be built at a later date. All plans shall
remain on file in the office of the Building Inspector after the completion
of the building, after which time the Building Inspector may return
the same to the owner, may keep them for public record or may destroy
them.
D.
Waiver of some requirements. At the option of the Building Inspector,
plans, data, specifications and survey need not be submitted with
an application for permit to execute minor alterations and repairs
to any building, structure or equipment, provided the proposed construction
is sufficiently described in the application for permit.
E.
Drainage; grading of lots. The plans shall show the present and proposed
grades of the lot on which it is proposed to erect the building for
which a building permit is sought and of the immediately adjoining
property in sufficient detail to indicate the surface water drainage
before and after the completion of the grading. No permit shall be
issued if the erection of the building and the proposed grades shall
unreasonably obstruct the natural flow of water from the surface of
adjoining property or obstruct the flow of any existing ravine, ditch,
drain or stormwater sewer draining neighboring property, unless suitable
provision is made for such flow by means of an adequate ditch or pipe,
which shall be shown on the plans and shall be constructed so as to
provide continuous drainage at all times. No adverse drainage onto
neighboring properties is permitted, including via downspouts.
F.
Inspector may revoke permits.
(1)
The Building Inspector may revoke any permit, certificate of occupancy
or approval issued under the regulations of this code and may stop
construction or use of approved new materials, equipment, methods
of construction, devices or appliances for any of the following reasons:
(a)
Whenever there is a violation of any regulation of this code
or of any other ordinance, law or lawful orders or Wisconsin statute
relating to the same subject matter.
(b)
Whenever the continuance of any construction becomes dangerous
to life or property.
(c)
Whenever there is any violation of any condition or provision
of the application for permit or of the permit.
(d)
Whenever, in the opinion of the Building Inspector, there is
inadequate supervision provided on the job site.
(e)
Whenever any false statement or misrepresentation has been made
in the application for permit, plans, drawings, data, specifications
or certified lot or plot plan on which the issuance of the permit
or approval was based.
(f)
Whenever there is a violation of any of the conditions of an
approval or occupancy given by the Building Inspector for the use
of any new materials, equipment, methods of construction devices or
appliances.
(2)
The notice removing a permit, 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 agent, if any, and on the person having
charge of construction.
(3)
A revocation placard shall also be posted upon the building structure,
equipment or premises in question by the Building Inspector.
(4)
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 code,
shall be procured and fees paid therefore and thereafter the resumption
of any construction or operation shall be in compliance with the regulation
of this code.
(5)
Construction times. Activities regulated by the Town of Oconomowoc
Building Code shall be conducted in a manner that minimizes the noise
and other adverse impacts upon surrounding properties, consistent
with the rural character of the Town. This obligation includes, but
is not limited to, limiting the conduct of activities to the following
times, unless otherwise authorized by the Town Building Inspector
or Town Administrator: The activities shall not commence before 7:00
a.m. Monday through Saturday, and 10:00 a.m. on Sundays; the activities
shall not continue beyond 7:00 p.m. on weekdays (Monday through Friday),
5:00 p.m. on Saturdays and 4:00 p.m. on Sundays.
G.
Fees.
(1)
Before receiving a building permit, the owner or his agent shall
pay the fee according to the fee schedule. In applying, the provisions
of this code, in respect to new work, existing buildings, alterations
and repairs, the physical value of the work shall be determined by
the Building Inspector on the basis of current costs or as otherwise
provided in the local ordinances.
(2)
Cash bond deposits are required with application. In order to qualify
for approval of a building permit for construction of a new home,
the application therefor shall be accompanied by a cash deposit in
the amount of $2,000. Additions/remodels with a value of construction
of $10,000 or greater shall require a minimum of a $1,000 cash deposit.
This deposit shall be retained by the Town Treasurer until a full
occupancy permit for the unit/building is issued.
(3)
The cash guarantee of up to $2,000 shall be released only upon fulfillment
of the following conditions:
(a)
The issuance of a full occupancy permit.
(b)
A Building Inspector's certificate that no party had occupied
the premises by moving in any furniture or personal belongings or
had in any way occupied the premises as a tenant or owner.
(c)
An affidavit by the permittee that he has complied with this
chapter and that no party has moved in prior to the issuance of the
occupancy permit.
(d)
That there has been no damage to the road(s) and/or road right-of-way
during construction.
(4)
The provisions of Subsection G(3)(a) through (c) shall apply to all residential and commercial buildings, except that the Building Inspector may require a deposit of $2,000 per unit for multiple dwelling units in one building. The entire deposit shall be forfeited if any unit in the building is occupied before the issuance of an occupancy permit, or if roads are damaged. The entire deposit shall be forfeited if the addition to the structure is occupied before the issuance of an occupancy permit or if that part of the structure being remodeled becomes uninhabitable during the remodeling and is then occupied before the issuance of an occupancy permit.
(5)
Upon receipt of the required certificates and/or affidavits, the
Clerk shall attach them to a voucher to be signed by the permittee
as a request for refund of the deposit. Any charges (i.e., road damage
due to construction, reinspection fees, etc.) will be deducted from
the deposit and the refund of the balance will be made to the permittee.
(6)
In the event that an occupancy permit is not issued and an extension
is not applied for within six months after the expiration date of
the building permit, the entire deposit is forfeited. Forfeiture of
any such deposit is not a license to occupy the premises contrary
to this chapter.
A.
A placard, signed by the Building Inspector, indicating the permit
has been issued shall be posted at the job site during construction.
After issuance of a building permit, the approved plans shall not
be altered unless any proposed change is first approved by the Building
Inspector as conforming to the provisions of this code.
B.
Expiration of permit.
(1)
Existing buildings and any alterations or additions thereto, accessory
buildings and accessory structures. The building permit shall expire
12 months from the date the permit is issued. Time periods referenced
herein may be extended by the Building Inspector if the delay was
due to conditions beyond the control of the applicant. No additional
permits for the same work will be issued unless a timetable of completion
is agreed upon by the Building Inspector.
(2)
New dwellings. The building permit shall expire 24 months after issuance
if the dwelling exterior has not been completed.
(3)
New commercial buildings. The building permit shall expire 12 months
from the date the permit is issued. Time periods referenced herein
may be extended by the Building Inspector if the delay was due to
conditions beyond the control of the applicant. No additional permits
for the same work will be issued unless a timetable of completion
is agreed upon by the Building Inspector.
C.
Before any work is commenced or recommenced after the permit has
lapsed, a new permit shall be issued with appropriate fee.
A.
General. No person shall move any building or structure upon any
of the public rights-of-way of the municipality 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.
B.
Moving damaged buildings. No building shall be repaired, altered
or moved within or into the municipality that has deteriorated or
has been damaged by any cause (including such moving and separation
from its foundation and service connections in case of moved buildings)
50% or more of its equalized value and no permit shall be granted
to repair, after or move such building within or into the municipality.
C.
Continuous movement. The movement of buildings shall be a continuous
operation during all the hours of the day, and day by day and at night,
until such movement is fully completed. All of such operations shall
be performed with the least possible obstruction to thoroughfares.
No building shall be allowed to remain overnight upon any street crossing
or intersection, or so near thereto as to prevent easy access to any
fire hydrant or any other public facility. Lighted lanterns shall
be kept in conspicuous places at each end of the building during the
night.
D.
Street repair. Every person receiving a permit to move a building
shall, within one day after said building reaches its destination,
report the fact to the Building Inspector who shall thereupon, in
the company of the Municipal Highway Superintendent, inspect the streets
and highways 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 good repair as they were before the
permit was granted. On the failure of the said permittee to do so
within 10 days thereafter to the satisfaction of the governing body,
said body shall repair the damage done to such streets and hold the
person obtaining such permit and the sureties on his bond responsible
for the payment of same.
E.
Conformance with code. No permit shall be issued to move a building
within or into the municipality and to establish it upon a location
within the said municipality 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 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 same are completed,
the building, as such, will so comply with said Building Code. In
the event a building is to be moved from the municipality to some
point outside of the boundaries thereof, the provisions, with respect
to the furnishing of plans and specifications for proposed alterations
to such building, may be disregarded.
A.
Razing of buildings. The Building Inspector is hereby authorized
to act for the municipality under the provisions of § `66.0413,
Wis. Stats., relating to the razing of buildings and all acts amendatory
thereof and supplementary thereto. The Municipal Treasurer is authorized
to place the assessment and collect the special tax as therein provided.
B.
Before a building can be demolished or removed, the owner or agent
shall notify all utilities having service connections within the building,
such as water, electric, gas, sewer and other connections.
C.
Demolition.
(1)
Permits are required prior to any demolition. The municipality may
require a performance bond. The municipality may also require erosion
control, plumbing, street occupancy, cutting, and wrecking permits.
(2)
Any potential asbestos, lead and other hazards shall be identified
and removal can only occur after a notice of intent shall be filed
with the Department of Natural Resources. Erosion control methods
must be in place and approved by the Building Inspector prior to any
demolition.
(3)
Sewer, water, electric, gas and other connections to the property
shall be properly abandoned in a safe manner that shall be approved
by the Building, Electrical, and Plumbing Inspector prior to demolition.
(4)
The use of a torch for cutting may require a permit and approval
by the Fire Inspector. Street occupancy permits may be required for
any street material or dumpster storage or pavement cuts.
(5)
All municipal sidewalks, curbs, approaches, and other public property
shall be protected from damage.
(6)
Sanitary facilities shall be required for on-site workers.
(7)
Demolition shall be performed from the top down, floor by floor.
(8)
Chutes shall be used to transfer materials above one story.
(9)
Dust control methods shall be required at all times.
(10)
Waste material shall be removed and not stored on-site.
(11)
Burning of waste materials shall be prohibited.
(12)
Floor slabs, footings, and foundations shall be removed or broken
into pieces less than one foot in diameter, unless approved by the
Building Inspector.
(13)
All disturbed areas shall be graded to match adjoining grades
or to the satisfaction of the Building Inspector.
A.
Coordinated inspections. All provisions of the laws and regulations
of the municipality and of legally adopted rules of local fire and
health officials in respect to the operation, equipment, housekeeping,
fire protection, handling and storage of flammable materials, liquids
and gases and the maintenance of safe and sanitary conditions of use
in occupancy in all buildings shall be strictly enforced by the administrative
officials to whom such authority is delegated. Whenever inspection
by any authorized enforcement officer discloses any violation of the
provisions of this code, or of any other rules, regulations or laws,
he shall immediately notify the administrative officer having jurisdiction
of the violation.
B.
Certified report. The Building Inspector may require a certified
report of all required inspections as regulated by this code from
the registered architect or registered engineer supervising the construction
of any building, structure or equipment requiring their supervision.
Such certified report shall state, in detail, that all construction
work has been executed in accordance with all of the regulations of
this code, approved plans, specifications, terms of the permit and,
further, that such construction work was executed in accordance with
accepted architectural and engineering standard procedures.
Whenever the provisions of this code or of the plans approved
there under are not complied with, a stop-work order shall be served
on the owner or his representative and a copy thereof shall be posted
at the site of the construction. Such stop-work order shall not be
removed except by written notice of the Building Inspector after satisfactory
evidence has been supplied that the violation has been corrected.
A.
Inspections.
(1)
The Building Inspector shall make a final inspection of all new buildings,
additions and alterations. If no violations of this chapter or any
other ordinance can be found the Building Inspector may issue a certificate
of occupancy, stating the purpose for which the building is to be
used.
(2)
No building, nor part thereof, shall be occupied until such final
inspection or certificate has been issued, nor shall any building
be occupied in any manner which conflicts with the conditions set
forth in the certificate of occupancy.
B.
Use discontinued.
(1)
Whenever any building or portion thereof is being used or occupied
contrary to the provisions of this code, the Building Inspector shall
order such use or occupancy discontinued and the building, or portion
thereof, vacated by notice served on any person using or causing such
use or occupancy to be continued and such person shall vacate such
building or portion thereof within 10 days after receipt of the notice
or make the building, or portion thereof, comply with the requirements
of this code.
(2)
Any building, structure or premises, or any part thereof, hereafter
vacated or damaged by any cause whatsoever so as to jeopardize public
safety or health, shall not hereafter be occupied or used under an
existing certificate of occupancy or without the same, until an application
has been filed and a new certificate of occupancy issued.
C.
Change. 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 and
a certificate of occupancy therefor.
D.
Hardship. The Building Inspector shall have the authority and power
to permit the temporary occupancy of any building or structure in
the municipality, prior to issuance of an occupancy certificate, in
all such cases of hardship, as in his judgment and discretion, warrant
occupancy before final stage of completion as set forth in this code.
Before granting such permission, the Building Inspection shall first
examine the premises and determine if it is safe and sanitary. The
Building Inspector shall determine the time within which such building
or structure can be completed. Such time should not exceed 120 days.
