[HISTORY: Adopted by the City Council of the City of Edgerton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-1-1993 by Ord.
No. 2-93 (§§ 20.01 through 20.16
of the 1993 Municipal Code)]
[Amended by Ord. No. 19-11]
The purpose and intent of this article is to:
A.
Exercise jurisdiction over the construction and inspection of new
one- and two-family dwellings and commercial buildings, including
agricultural buildings, detached structures and detached accessory
buildings;
B.
Exercise jurisdiction for additions and alterations of commercial
and residential structures;
C.
Exercise jurisdiction over replacement of major building equipment,
including furnaces, central air conditioners, water heaters, electrical
systems, plumbing systems, and any other major piece of equipment;
D.
Provide plan review and on-site inspections of one- and two-family
dwellings and commercial buildings by inspectors certified by the
Department of Safety and Professional Services;
E.
Establish and collect fees to defray administrative and enforcement
costs;
F.
Establish remedies and penalties for violations; and
G.
Establish use of the Wisconsin uniform building permit, as prescribed
by the Department of Safety and Professional Services.
[Amended by Ord. No. 19-11]
A.
The Administrative
Code provisions describing and defining regulations are hereby adopted
and by reference made a part of this article as if fully set forth
herein.
B.
The following
chapters of the Wisconsin Administrative Code shall be adopted and
enforced by the City's Building Inspector:
(1)
Chapter
SPS 302.31, Plan review fee schedule.
(2)
Chapter
SPS 305, Credentials.
(3)
Chapter
SPS 316, Electrical Code.
(4)
Chapters
SPS 320 through 325, Uniform Dwelling Code.
(5)
Chapter
SPS 327, Campgrounds.
(6)
Chapters
SPS 361 through 366, Commercial Building Code.
(7)
Chapters
SPS 375 through 379, Buildings constructed prior to 1914.
(8)
Chapters
SPS 381 through 387, Uniform Plumbing Code.
C.
Any act
required to be performed or prohibited by an Administrative Code provision
incorporated herein by reference is required or prohibited by this
article. Any future amendments, revisions or modifications of the
Administrative Code provisions incorporated herein are intended to
be made part of this article to secure uniform statewide regulations.
A copy of these Administrative Code provisions and any future amendments
shall be kept on file in the City Administrator's office.
[Added by Ord. No. 19-11]
The City has adopted the certified municipality status as described
in § SPS 361.60, Wis. Adm. Code.
A.
Responsibilities.
The City shall assume the following responsibilities for the Department
of Safety and Professional Services (Department):
B.
Plan examination.
Drawings, specifications, and calculations for all the types of buildings
and structures, except state-owned buildings and structures, to be
constructed within the limits of the municipality shall be submitted
if the plans are for any of the following:
(1)
A new
building or structure containing less than 50,000 cubic feet of total
volume.
(2)
An
addition to a building or structure where the area of the addition
results in the entire building or structure containing less than 50,000
cubic feet of total volume.
(3)
An
addition containing no more than 2,500 square feet of total floor
area and no more than one floor level, provided the largest roof span
does not exceed 18 feet and the exterior wall height does not exceed
12 feet.
(4)
An
alteration of a space involving less than 100,000 cubic feet of total
volume.
(5)
A certified
municipality may waive its jurisdiction for the plan review of a specific
project or types of projects, or components thereof; in which case
plans and specifications shall be submitted to the Department for
review and approval.
(6)
The
Department may waive its jurisdiction for the plan review of a specific
project, where agreed to by a certified municipality; in which case
plans and specifications shall be submitted to the certified municipality
for review and approval.
As used in this article, 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 Department of Safety and Professional Services.
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.
[Amended 7-17-2023 by Ord. No. 23-10]
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 Chs. SPS 320 to
325, Wis. Adm. Code.
[Amended by Ord. No. 19-11]
[Amended by Ord. No. 19-11]
[Amended by Ord. No. 19-11]
A.
Creation and appointment. There is hereby created the office of Building Inspector. The Building Inspector shall be appointed in accordance with § 101-15 of the Municipal Code. The Building Inspector shall be certified for inspection purposes by the Department in each of the categories specified under § SPS 305.63, Wis. Adm. Code.
B.
Subordinates. The Building Inspector may appoint, as necessary, subordinates,
which appointment shall be subject to confirmation by the Council.
Any subordinate hired to inspect buildings shall be certified under
Ch. SPS 305, Wis. Adm. Code, by the Department.
C.
Duties. The Building Inspector shall administer and enforce all provisions
of this article.
D.
Powers. The Building Inspector or an authorized certified agent may
at all reasonable hours enter upon any pubic 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 the performance of
his/her duties.
E.
Records. The Building Inspector shall perform all administrative
tasks required by the Department.
A.
Building permits required. No owner or contractor may commence construction
of any building or mechanical system prior to obtaining a valid permit
from the Building Inspector. Application for a building permit shall
be made in writing upon that form designated as the "Wisconsin Uniform
Dwelling Permit Application," furnished by the Department of Safety
and Professional Services, for one- and two-family homes. The City
shall provide building permit forms for projects other than one- and
two-family homes.
[Amended by Ord. No. 19-11]
B.
Repairs and additions requiring permit:
(1)
Addition, alteration or repair to an existing one- or two-family
dwelling or commercial building, including agricultural buildings,
detached structures, decks, or detached accessory buildings, not deemed
minor repair by the Building Inspector.
[Amended by Ord. No. 19-11]
(2)
Where any building or other structure is erected, moved or structurally
altered so as to change its use or increase its floor area.
(3)
Where 50% or more of the full assessed value of a structure is destroyed
and it is being repaired or altered.
(4)
For new accessory buildings.
[Amended by Ord. No. 19-11]
(5)
Alterations, replacement and/or remodeling to a building's heating,
electrical or plumbing systems.
[Added by Ord. No. 19-11]
C.
Cases where building permit is not required.
D.
Application for building permit. An application for building permit
shall be made to the Building Inspector upon forms furnished. The
applicant shall submit two sets of plans for all new construction,
repairs or additions to existing one- or two-family dwellings, commercial,
detached structures and accessory buildings at the time that the building
permit application is filed. The application shall include, for the
purpose of proper enforcement of these regulations, the following
data:
[Amended by Ord. No. 19-11]
(1)
An accurate map of the property, in duplicate and properly dimensioned,
showing:
(a)
The boundaries of the property involved.
(b)
The location of the center line of any abutting streets or highways.
(c)
The location of the lot of an existing buildings, proposed additions
or proposed new buildings, including the measured distances between
such buildings, and from the lot lines, and from the center line of
any abutting streets or highways to the nearest portion of such building.[1]
[1]
Editor's Note: Former § 20.06D(1)(d) of the 1993
Municipal Code, regarding high-water lines, which immediately followed
this subsection, was repealed 7-17-2023 by Ord. No. 23-10.
(2)
The use to be made of the building, structure, or land, and such
other information as may be required by the Building Inspector for
the proper enforcement of this article.
E.
Issuance of building permit. If the Building Inspector finds that
the proposed building or repair or addition complies with all City
ordinances and the adopted building codes in this article, the Inspector
shall officially approve the application, and a building permit shall
be subsequently issued to the applicant. The issued building permit
shall be posted in a conspicuous place at the building site. A copy
of any issued building permit shall be kept on file with the City
Administrator.
[Amended by Ord. No. 97-29; Ord. No. 19-11]
[Amended by Ord. No. 19-11; 7-17-2023 by Ord. No. 23-10]
At anytime the application for a building permit is filed, the
applicant shall pay the fees in accordance with the current Building
Fees Resolution adopted by the City Council.[1]
[1]
Editor's Note: The current Building Fees Resolution is on
file in the City Hall.
[Amended by Ord. No. 19-11]
A.
No person, entity or firm may construct, remodel, demolish, or repair
any building in a manner which violates any provision or provisions
of this article.
B.
Any person violating any provisions of this article shall, upon conviction, be subject to a penalty in accordance with § 192-17.
[Amended 7-17-2023 by Ord. No. 23-10]
C.
Violations discovered by the Building Inspector shall be corrected
within 30 days after written notification unless an extension of time
is granted pursuant to § SPS 320.21, Wis. Adm. Code. Violations
involving life safety issues shall be corrected in a reasonable time
frame established by the Building Inspector.
D.
Compliance with the requirements of this article is necessary to
promote the safety, health, and well-being of the community and the
owners, occupants, and frequenters of buildings. Therefore, violations
of this article shall constitute a public nuisance that may be enjoined
in a civil action.
Any person feeling aggrieved by an order or a determination
of the Building Inspector 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.
This article shall not be construed as an assumption of liability
by the City for damages because of injuries sustained or property
destroyed by any defect in any dwelling or equipment.
If any section, clause, provision or portion of this article
or of Chs. SPS 320, 321, 322, 323, 324 and 325, Wis. Adm. Code, is
adjudged unconstitutional or invalid by a court of competent jurisdiction,
the remaining provisions shall not be affected.
A.
Moving of building. Before a permit to move any building is granted
by the Building Inspector, the party applying therefor shall give
a bond providing the building is moved into, across, or along any
street, alley, or other public property, to an amount determined by
the Building Inspector, with good and sufficient sureties to be approved
by the City Administrator, conditioned among other things that said
party will save and indemnify judgments, costs and expenses which
may in any way accrue against the City of Edgerton, and keep the City
harmless against all liabilities, judgments, costs and expenses in
consequence of the granting of such permit; provided, further, that
there shall be an agreement made with the proper officials of the
electric and telephone companies satisfactory to said officials to
cover costs of the removal, cutting or raising of wires, poles and
fixtures. Streets or alleys shall not be blocked so traffic cannot
pass without the consent of the Building Inspector. There shall be
no object projecting on either side of the building into the passageway
unless such object is protected with a lighted lantern. Lanterns shall
be kept burning continuously from sunset to sunrise.
[Amended 7-17-2023 by Ord. No. 23-10]
B.
Additional requirements for permit to move building.
(1)
A permit fee as set by the City Council in the current Fee Schedule,
on file in City Hall, shall be paid to the City Administrator.
[Amended 7-17-2023 by Ord. No. 23-10]
(2)
An application for permit must be completed on the forms designated
by the Building Inspector.
(3)
The building must conform to Chapter 450, Zoning, and all building codes of the City of Edgerton for the zoning district of the proposed location.
(4)
The architectural styles and appraised value of the building to be
moved must be compatible with neighboring buildings of the proposed
location.
(See also § 314-11 of this Code.)
A.
Building Inspector's duties: license revocation. Whenever the Building
Inspector shall find, or any citizen represents, that any building,
structure, or door, stairway, corridor, exit or fire escape thereof
is unsafe, by reason of bad condition, defective construction, overloaded
floors, decay, lack of guards against fire or other cause, in any
theater, church, school, public building, factory or workshop, or
any other place of employment, he shall notify the owner or tenant
thereof to cause the same to be made safe, and shall also affix a
notice of the dangerous character thereof in a conspicuous place on
the outside wall thereof, and no person shall remove or deface such
notice. The owner or tenant of such building or structure shall thereupon
immediately cause the same to be made safe, and if any such building
is used for a purpose requiring a license, the Mayor may revoke such
license until the building is made safe to the satisfaction of the
Building Inspector.
B.
Building Inspector may make building safe. Where the public safety
requires immediate action, the Building Inspector shall enter upon
the premises, with such assistance as may be necessary, and cause
the building or structure to be made safe or to be removed and the
expense of such work may be recovered by the City in an action against
the owner or tenant. The Fire Department shall give all reasonable
assistance to the Building Inspector in such work.
C.
Repair to damaged buildings. No building or part of a building which
may hereafter be damaged by fire or other elements to the extent of
50% of the fair market value thereof shall be repaired or rebuilt,
nor shall such building, when damages are less than 50% of its fair
market value, be so repaired as to be raised higher than the highest
part left standing after such damage shall have occurred, or so as
to occupy a greater space than before the damage thereto.
(1)
"Fair market value," as used in this section, shall mean that price
which the building will sell for in negotiations resulting in a sale
between an owner willing, but not obligated, to sell and a willing
buyer not obligated to buy. The percentage of damage shall be determined
by a comparison of fair market value before and a fair market value
of the building after the damage.
D.
Determination of damage and appeal. The Building Inspector shall
determine the extent of damage that may have been done to any building,
and the City Assessor shall determine the fair market value. However,
an appeal may be taken from their decision to the Zoning Board of
Appeals, whose decision shall be final.
E.
Emergency authority of Fire Chief. In circumstances where, in the
opinion of the Fire Chief of the Edgerton Fire Protection District,
the State of Wisconsin Fire Code violation presents a situation so
dangerous as to be an immediate threat of damage or injury to any
property or any person's life, safety or health, the Fire Chief may
cause the immediate abatement, removal or correction of the violation.
Any and all costs incurred by the City and/or Fire District in the
performance of the abatement, removal or correction of such violation
shall be charged to the owner, occupant, person in control of or person
responsible for such violation. In case of a failure to pay these
costs, a statement of such costs shall be filed with the City Administrator,
and any and all costs thereof shall be charged against the real estate
upon which the violation was located, shall be a lien upon the real
estate, and shall be assessed and collected as a special charge.
[Amended 7-17-2023 by Ord. No. 23-10]
F.
Demolition of buildings damaged by fire; abatement of nuisances. The Building Inspector or Fire Chief shall have the authority to order the owner or occupant of any premises to remove or abate any nuisance caused by destruction or partial demolition of any building seriously damaged by fire. If such owner or occupant shall neglect or refuse to comply with such order, the Building Inspector or Fire Chief shall order the removal and abatement of the said premises and the cost thereof shall be reported to the City Administrator who shall enter it on the tax roll and levy a special charge against said property and the same shall be collected in all respects like other taxes entered upon the tax roll. Furthermore, the person or persons neglecting or refusing to obey such order shall be subject to the penalty as set forth in § 192-14H. The power hereby conferred on the Building Inspector and the Fire Chief of the Edgerton Fire Protection District may be exercised by any other individual designated by the Mayor or the City Council.
[Amended 7-17-2023 by Ord. No. 23-10]
G.
Appeal of decision. Any owner, occupant, tenant of any affected building
may appeal the decision of the Building Inspector to the City of Edgerton
Public Safety Committee.
A.
Required. The owner of any commercial building(s) having a sprinkler
system or remote alarm system, or any apartment building containing
three or more apartments within the City of Edgerton, shall have on
the outside of the building at the location of the front door not
more than five feet nor less than three feet off the ground a locked
key box which shall contain a master key that will open all apartment
units in the building. Said key box shall be purchased from the Edgerton
Fire Department and said Fire Department shall keep a master box key
so that the Fire Department shall have access to all apartments in
the event of a fire or other calamity.
B.
Penalty. Any owner failing to provide said key box or failing to provide a master key in said box shall be subject to a penalty in accordance with § 192-17. Each day without the required key box or required master key to all apartments shall constitute a separate offense.[1]
[Amended 7-17-2023 by Ord. No. 23-10]
[1]
Editor's Note: Original Section 20.15, Burglary alarms and
fire alarm systems, which immediately followed this subsection, was
repealed by Ord. No. 14-05.
A.
DWELLING
DWELLING UNIT
OWNER
SMOKE DETECTOR
Definitions. As used in this section, the following terms shall have
the meaning given:
Any building which contains one or two dwelling units.
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.
Any person having a legal or equitable interest in the dwelling.
"Owner" does not include any person whose legal or equitable interest
in the dwelling is a security interest derived solely from the extension
of credit to permit construction or remodeling of the dwelling or
purchase of the dwelling by a third party.
A device which detects particles or products of combustion
other than heat.
B.
Approval. A smoke detector required under this section shall be approved
by Underwriters Laboratory.
C.
Installation and maintenance. A smoke detector required under this
section shall be installed according to the directions and specifications
of the manufacturer and maintained in good working order.
D.
Requirement. The owner of a dwelling shall install a functional smoke
detector in the basement of the dwelling and on each floor level except
the attic or storage area of each dwelling unit. The occupant of such
a dwelling unit shall maintain a smoke detector in that unit, except
that if any occupant who is not the owner gives written notice to
the owner that the smoke detector is not functional, the owner shall
provide, within five days after receipt of that notice, any maintenance
necessary to make that smoke detector functional.
[Amended 7-17-2023 by Ord. No. 23-10]
Any person violating any of the provisions of this article shall forfeit not less than $25 nor more than $500 and shall be subject to any other specific penalties listed in this article or the general penalty as set forth in § 1-6 of this Code.
