[HISTORY: Adopted by the Town Board of the
Town of St. Joseph 5-13-2021 by Ord. No. 2021-04.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Driveways — See Ch. 92.
Roads, driveways, trails, erosion and sediment control and right-of-way construction — See Ch. 149.
Mobile homes and mobile home parks — See Ch. 130.
Signs — See Ch. 156.
Subdivision of land — See Ch. 168.
Zoning — See Ch. 170.
[1]
Editor's Note: This ordinance also repealed former Ch. 80,
Building Construction, adopted 1-14-1993, as amended.
The Town of St. Joseph, County of St. Croix adopts these regulations
under the authority granted by § 101.65, Wisconsin Statutes
and § 101.12, Wisconsin Statutes.
Town Board of the Town of St. Joseph does hereby ordain a Building
Code. The purpose of this code is to regulate construction of and
additions or alterations to one- and two-family dwellings, farm, commercial,
public and other private buildings and structures and places of employment
in the Town of St. Joseph. It is also the purpose of this code to
control flammable materials in buildings in the Town.
The intent of this code is to help ensure health and safety
for residents and employees in the Town. It is also the intent of
this code to protect existing and future property values.
The Wisconsin Uniform Dwelling Code, Chs. SPS 320-325, and its
successors, of the Wisconsin Administrative Code, and all amendments
thereto, is adopted and incorporated by reference and shall apply
to all buildings within the scope of this ordinance.
The following Wisconsin Administrative Codes, their referenced
codes and standards, and subsequent revisions are adopted for municipal
enforcement by the building inspector, who shall be commercially certified
by the WI Division of Industry Services.
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Chs. SPS 360-366
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Wisconsin Commercial Building Code
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Chs. SPS 375-379
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Buildings Constructed Prior to 1914 Code
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Chs. SPS 316
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Electrical
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Chs. SPS 381-387
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Plumbing
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Flammable Materials:
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NFPA 58
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Liquefied Petroleum Gases
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NFPA 59A
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Liquefied Natural Gases
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NFPA 30
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Flammable and Combustible Liquids
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The Building Inspector authorized by the municipality to enforce
the adopted codes shall be properly certified by the Division of Industry
Services.
As used in this chapter, the following terms shall have the
meanings indicated:
A detached building, not used as a dwelling unit but is incidental
to that of the main building and which is located on the same lot.
Accessory building does not mean farm building.
Includes but is not limited to a structure having a roof
supported by columns or walls used or intended to be used for the
shelter or enclosure of persons, animals, equipment, machinery, materials
or any type of vehicles or semi-tractor-trailers.
The Building Inspector of the Town of St. Joseph, unless
indicated otherwise in this chapter.
Includes but is not limited to a building or sections of
a building or other residential structure devoted to the shelter of
one family or a detached building containing two separate dwelling
(or living) units designated for occupancy by not more than two families.
Dwelling unit means a structure, or that part of a structure,
which is used or intended to be used as a home, residence or sleeping
place by one person or by two or more persons maintaining a common
household, to the exclusion of all others.
Used for simplicity and is not meant to specify gender.
Any type of building that is to be open to or frequented
by members of the general public.
Includes but is not limited to erection or construction such
as a building, towers, masts, poles, decks, booms, signs, permanent
decoration, carports, lifts or trams, stationary machinery and equipment
and sight barriers.
Includes but is not limited to all swimming pools (both above
ground and in-ground), spas and hot tubs that require ground to be
broken and/or excavation for their installation and/or those that
exceed 5,000 gallons. UDC Uniform Dwelling Code.
No person shall alter, build, add onto or alter any building
within the scope of this chapter without first obtaining a building
permit for such work from the Building Inspector. Any structural changes
or major changes to mechanical systems that involve extensions shall
require permits.
No person shall build or cause to be built any new public building
or place of employment or any alteration or addition to an existing
public building or place of employment without first obtaining a commercial
building permit from the building inspector. This permit shall be
issued after receipt of State of Wisconsin approved plans, where required,
and sanitary permits, if applicable, and a determination has been
made of compliance with, zoning, setbacks, ordinances, and regulations
of the Town of St. Joseph, the County of St. Croix, and the State
of Wisconsin.
Additions, remodeling, reconstruction, enlargement, or alterations
to buildings, when the cost of the work, including labor, shall be
less than $2,000 (in a twelve-month period) and does not change occupancy,
area, structural strength, fire protection, exits, natural light or
ventilation.
A.
The restoration or repair of building equipment, such as furnaces,
central air conditioners, water heaters, and similar mechanical equipment
without the alteration or addition to building or structure.
B.
Fences or other similar enclosures.
C.
Re-roofing projects that do not involve the repair or replacement
of any structural elements.
D.
Outbuildings (not including structures larger than 150 square feet,
meaning any structure larger than 150 square feet will require a building
permit) without a foundation or slab.
E.
Restoration or repair of an installation to its previous code-compliant
condition as determined by the building inspector on a case-by-case
basis.
F.
Residing, finishing of interior surfaces and installation of cabinetry.
G.
Replacement of same size windows and doors.
The building permit fees shall be determined by resolution.
A.
Application for a building permit shall be made, in writing, upon
a form furnished by the Town. The appropriate building requirements
of the Town and, where applicable, of the county or the state for
the contemplated improvement shall be provided to the permit applicant
by the Town at or before the submission of an application for a building
permit.
B.
Plans and drawings. The building permit applicant shall submit with
the application all necessary documents as required by the Building
Inspector or WI state statutes.
D.
County permits. The applicant must obtain any permits required by
St. Croix County and include copies of such permits with the building
permit application, including a county driveway permit, if necessary.
E.
Driveway permits. The building permit applicant shall submit with
the application a driveway permit which shall be applied for and obtained
from the Town Board for Town roads or private roads. All other driveway
permits are issued by the county. See Ch. 92, Driveways.
F.
Approval of plans and issuance of building permit. If the Building Inspector determines that the proposed building, addition or alteration will comply in every respect with all the ordinances of the Town and all applicable laws and regulations of the State of Wisconsin and is not in violation of the Town Subdivision and Zoning Ordinance the building inspector shall conditionally approve the plans and issue a building permit. After being approved, the plans and specifications shall not be altered in any respect which involves any of the above- mentioned ordinances, laws or regulations or which involves the safety of the building or occupants. One copy of the approved plan shall be returned to the applicant. One copy shall be retained by the Town. See Ch. 168, Subdivision of Land and Chapter 170, Zoning Ordinance.
G.
State Uniform Dwelling Code seal. At such time as a building permit
is issued for one- or two-family dwellings, it shall have affixed
to it a State of Wisconsin Uniform Dwelling Code seal.
H.
Fees. Fees shall be submitted to the Town at the time the application
is filed. Fees for plan examination, inspection, driveway permit,
culvert, house number, variance application and issuance of the building
permit shall be set by the Town Board.
I.
Waiver of plans. If the Building Inspector finds that the character
of the work is sufficiently described in the application, he may waive
the filing of plans for alterations or repairs, provided that the
cost of such work does not exceed $2,000.
A.
If the Building Inspector determines that the building permit application
or plans do not conform to the provisions of the applicable codes
or ordinances or other requirements, approval shall be denied.
B.
Denial of application. A copy of the denied application, accompanied
by a written statement specifying the reasons for denial, shall be
sent to the applicant and/or to the owner as specified on the application.
C.
Stamping of plans. Plans and specifications which do not substantially
conform to the provisions of the Building Code shall be stamped "Not
Approved." One copy shall be returned to the applicant and one copy
retained by the Town.
D.
Appeals. The applicant may appeal a denial of an application to the
Town Board.
A.
Time for permit issuance. Action to approve or deny a building permit
application shall be completed within 10 business days of receipt
of all of the forms, fees, plans and documents required for processing
the application as dictated by Wisconsin State Code.
B.
Posting of permit. The building permit and other permits required
by the Town, county, state or other municipalities shall be posted
in a conspicuous place at the building site and within view of the
adjacent roadway.
A.
If the Building Inspector finds at any time that the provisions of
this chapter are not being complied with and that the holder of the
permit refuses to conform after a written warning or instruction has
been issued to him, he shall revoke the building permit by written
notice posted at the site of the work.
B.
When any permit is revoked, no further work shall be done until the
permit is reissued, except such work as the Building Inspector may
order as a condition precedent to the reissuance of the permit or
as he may require for the preservation of human life and safety.
A building permit shall lapse and be void unless construction
under the permit is commenced within six months from the date of issuance
thereof. Permits issued for single- and two-family dwelling, commercial
structures, and/or any alterations and/or additions to these structures
for which the estimated construction cost of the alteration or addition
exceeds $100,000, as verified by the R.S. Means Construction Cost
Estimation System, shall lapse and be void if the permit purpose has
not been fully completed within 24 months from the date of issuance
of the permit. Permits issued for any other purpose shall lapse and
be void if the permit purpose has not been completed within 12 months
of issuance. Once a permit has lapsed, no further work shall be performed
under such lapsed permit until such time as a new permit has been
issued. Work pursuant to SPS 316 which shall expire within one year
of the date of issuance if work has not been commenced.
A.
For all inspections required by the Uniform Dwelling Code and the
Commercial Building Code, the builder (contractor, owner or permit
holder as the case may be) shall provide notice to the Building Inspector
and shall coordinate the timing of the construction as provided in
SPS 320.10(2)(b)3, SPS 320.10(3)(h)2, and SPS 361.41(1).
B.
It is recommended that a representative of the developer, contractor,
builder or owner be present at each required inspection. It shall
be the responsibility of the developer, contractor, builder or owner
to coordinate inspection times and dates with the Building Inspector.
Any reinspections necessary due to incomplete work or noncomplying
conditions shall be subject to an additional fee per inspection to
be paid in full prior to the issuance of the occupancy permit.
A.
Application. Any person feeling aggrieved by an order or a determination
of the Building Inspector may appeal from such order or determination
to the Town Board. Those procedures customarily used to effectuate
an appeal to the Town Board shall apply.
B.
Required information and fees. The following items shall be submitted
by property owners or their representatives when requesting a variance:
(1)
Clear and concise written statement of the specific provisions of
the code for which a variance is requested, together with a statement
of the procedures and materials to be used if the variance is granted.
(2)
A fee for processing the application. Such fees will be set from
time to time by the Town Board.
C.
Procedure. The Building Inspector shall review the application and
forward his written recommendation and reasons to the Town Board.
The Town Board will then hear the variance application and recommend
to the Department of Safety and Professional Services whether the
variance should be granted.
D.
Findings. No appeal to the provisions of this chapter shall be granted
by the Town Board unless it finds that all the following facts and
conditions exist and so indicates in the minutes of its proceedings:
(1)
Preservation of intent. No variance shall be granted that is not
consistent with the purpose and intent of this chapter.
(2)
Exceptional circumstances. Applicant must state the reasons why compliance
with the code cannot be attained without the variance. There must
be exceptional, extraordinary or unusual circumstances or conditions
present showing that compliance with the code cannot be attained without
the variance, so that the granting of the variance will not be so
general or recurrent in nature as to suggest that the chapter should
be changed.
(3)
Hardship. No variance shall be granted solely on the basis of economic
gain or loss. Self-imposed hardships shall not be considered as grounds
for the granting of any variance.
(4)
Absence of detriment. No variance shall be granted that will create
substantial detriment to adjacent property or that will materially
impair or be contrary to the purpose and spirit of this chapter or
the public safety and interest.
E.
Decision. The Town Board shall transmit its meeting minutes and decisions, in writing, to the Town Clerk within seven days of the hearing. With regard to variances relating to the UDC or the Commercial Code, the Town Clerk shall forward the Town Board's recommendation to the Department of Safety and Professional Services. Variances relating to § 80-22 regarding swimming pools may be decided by the Town Board.
No single-family dwelling or two-family dwelling or commercial
structure may be occupied by any person or party until an occupancy
permit has been issued. An occupancy permit will be issued only after
all inspections have been satisfactorily completed, all required fees
associated with this ordinance paid, and all required terms of the
chapter have been met.
Upon reasonable notice to the property owner, the Building Inspector
and the Zoning Administrator 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 access
to any such premises, the building inspector while in the performance
of his duties.
Whenever the Building Inspector finds any building or part thereof
with the Town of St. Joseph to be, in his judgment, so old, dilapidated,
or out of repair as to be dangerous, unsafe, unsanitary, unreasonable
to repair or otherwise unfit for human habitation, occupancy, or use,
shall order the owner to raze and remove such building or part thereof.
If a building or part thereof can be made safe by repairs, the owner
shall make it safe and sanitary. The owner shall perform the remedial
action in a timely fashion at his own expense. Such order and proceedings
shall be as provided in Wis. Stats. § 66.0413.
If construction is started prior to issuance of a permit, the
fee will be double for the first violation and triple for subsequent
violations. The enforcement of this chapter and all other laws and
ordinances relating to building shall be by means of the withholding
of building permits, imposition of forfeitures and/or injunctive action.
Any person, firm or corporation violating any provision of this chapter
shall, upon conviction, forfeit not less than $25 nor more than $1,000
and the costs of prosecution. Each day the violation continues after
written notice is delivered to the occupant, owner (as designated
on any permit application as submitted to the Town) or construction
person apparently in charge on the site shall constitute a separate
violation.
A.
A permit shall be required.
B.
An application for a building permit shall show:
(1)
The type and size of the pool.
(2)
A site plan, to include:
(a)
Location of the pool.
(b)
Location of the house, garage, fencing, well, drain field and
septic tank on the lot.
(c)
Location of filter unit, pump and wiring (involving location).
(d)
Location of back-flush and drainage outlets.
(e)
Grading plan, finished elevations and final treatment (decking,
landscaping, etc.) around pool.
(f)
Location of existing overhead or underground wiring, utility
easements, trees and similar features.
C.
In single-family and two-family districts:
(1)
Pools for which a permit is required shall not be located within
25 feet of any side or rear lot line nor within 10 feet of any principal
structure or frost footing. Pools shall not be located within any
required front yard or within 15 feet of a septic tank or 25 feet
of the well. Pools shall not be located within 15 feet of any deck
surface more than two feet higher than the pool.
(2)
Pools shall not be located beneath overhead utility lines nor over
underground utility lines of any type.
(3)
Pools shall not be located in an alternate septic field/drain field
site.
(4)
Pools shall not be located in or on any easement of any private or
public utility, walkway, drainage area or other easement.
(5)
For in-ground pools, due precautions shall be taken during the construction
period to:
(6)
To the extent feasible, back-flush water or water from pool drainage
shall be discharged on the owner's property or into approved public
drainageways. Water shall not drain onto adjacent or nearby private
land without the written permission of the adjacent owner.
(7)
The filter unit, pump, heating unit and any other noisemaking mechanical
equipment shall be located at least 30 feet from any adjacent or nearby
residential structure or shall be enclosed in a sound-restrictive
enclosure not closer than 25 feet to any lot line.
(8)
Lighting for the pool shall be directed into or onto the pool and
not onto adjacent property.
(9)
A nonclimbable safety barrier of at least five feet in height that
shall completely enclose the pool and be so constructed as not to
have voids, holes or openings larger than four inches in one dimension
or the pool has a cover or other protective device over such swimming
pool of such a design and material that the same can be securely fastened
in place and when in place shall meet Federal Safety Commission guidelines
or the ASTM standards and their successors. Such cover or protective
device shall be securely fastened in place at all times when the swimming
pool is not in actual use for swimming or bathing purposes. Gates
or doors shall be kept locked while the pool is not in actual use.
[Amended 5-11-2023 by Ord. No. 2023-02[1]]
[1]
Editor's Note: This ordinance corrected a mistake in Ord.
No. 2021-04 that reverted this subsection to the 2010 requirements,
omitting revisions made on 6-12-2014.
(10)
Water in the pool shall be maintained in a suitable manner to
avoid health hazards.
(11)
All wiring, lighting, installation of heating unit, grading,
installation of pipes and all other installations and construction
shall be subject to inspection by the Building Inspector.
(12)
Required safety fencing shall be installed immediately upon
completing the pool.
(13)
There shall be no nuisances, such as undue noise, lighting onto
adjacent property, health and safety hazards, damage to nearby vegetation,
etc.
(14)
Drainage of pools into public streets or other public drainageways
shall require permission of the Town Chairperson.
The Building Inspector shall maintain a record of all permits
issued which shall be kept on file for a time period dictated by Wisconsin
State Code. The Building Inspector shall make a monthly report to
the Town Board of all permits issued and fees collected.
If any section, provision, sentence or any part of this chapter
is adjudged to be unconstitutional, unlawful, or invalid by a court
of competent jurisdiction, the remainder of this chapter shall not
be affected thereby.
This chapter shall replace current St. Joseph Town Code Chapter 80 regarding Building Construction and shall be effective upon passage and publication as provided by law.
