These regulations are adopted under the authority granted by § 101.65, Wis. Stats.
[HISTORY: Adopted by the Town Board of the Town of Brooklyn as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-10-2004 by Ord. No. 2004-01]
The purpose of this article is to promote the general health, safety and welfare and to maintain required local uniformity with the administration and technical requirements of the Wisconsin Uniform Dwelling Code.
The scope of this article includes the construction and inspection of one- and two-family dwellings built since June 1, 1980, and additions to dwellings built prior to June 1, 1980, including attached garages.
[Added 12-10-2019 by Ord. No. 2019-02]
A.
Portions of the State Administrative Code adopted.
B.
All applicable provisions of the Wisconsin Administrative Code, together with any future amendments, revisions or modifications, are adopted here by reference, including without limitation, the regulations of the Department of Safety and Professional Services, Chs. SPS 301 to 388, inclusive.
C.
Effective date. This article shall be effective December 10, 2019, upon passage and publication as provided by law.
There is hereby created the position of Building Inspector, who shall administer and enforce this article and shall be certified by the Department of Safety and Professional Services, as specified by § 101.66(2), Wis. Stats., in the category of Uniform Dwelling Code Construction Inspector. Additionally, this or other assistant inspectors shall possess the certification categories of UDC HVAC, UDC Electrical and UDC Plumbing.
No person shall alter (where the aggregate fair market of such work in a twelve-month period exceeds $1,000), build or add onto any building within the scope of this article without first obtaining a building permit for such work from the Building Inspector. Any structural changes or major changes to mechanical systems that involve extensions shall require permits. Restoration or repair of an installation to its previous code-compliant condition, as determined by the Building Inspector, is exempted from permit requirements. Residing, re-roofing, window replacement with like kind, finishing of interior surfaces and installation of cabinetry shall be exempted from permit requirements so long as the aggregate fair market value of such work in a twelve-month period does not exceed $1,000.
The building permit fee shall be determined by resolution.
The enforcement of this article and all other laws and ordinances relating to building shall be by means of withholding of building permits, imposition of forfeitures and injunctive action. Forfeitures shall be not less than $10 nor more than $100 for each day of noncompliance.
Notwithstanding the above penalty provisions, when any work is begun on site without first obtaining the required permit, the Building Inspector shall have the power to stop work until a permit has been obtained. The required permit fees shall be tripled. The payment of such triple fees shall not relieve any person from fully complying with all the regulations of this article nor from any of the penalties prescribed herein.
This article shall be effective upon passage and publication as provided by law.
[Adopted 5-24-2006 by Ord. No. 2006-02; amended in its entirety 5-11-2021]
The purpose of this article is to promote the health, safety and general welfare of our community, to protect property values and to provide for orderly appropriate development and growth of the community.
As used in this article, the following terms have the meaning prescribed herein: (Any item not defined herein shall be defined as set forth in the Wisconsin Administrative Code.)
An enhancement, upgrading or substantial change or modification other than an addition, a repair or a modification to electrical, plumbing, heating, ventilating, air-conditioning and other systems.
Any structure erected or constructed of wood, metal, stone, plastic or other materials, which is intended to be used by human beings or animals for occupancy, livery, commerce, education, cultural activities or other purpose. The term does not include children's play structures.
The individual(s) or firm employed by the Town to exercise all of the powers and duties of a building inspector under Wisconsin law.
New construction performed on a dwelling which increases the outside dimensions of the dwelling. A portion of a building that is reconstructed from the ground up shall be considered an addition.
Any structure that is already constructed or one for which a legal permit has been issued prior to the adoption of this chapter.
Any construction that results in the creation of a structure for the support, shelter or enclosure of persons, animals, chattel or movable property of any kind.
The act or process of restoring to original soundness, including redecorating, refinishing, nonstructural repairs or maintenance, or the replacement of existing fixtures, systems or equipment with the equivalent fixture, system or equipment.
The reconstruction or replacement of any load-bearing component that has been damaged, deteriorated or is failing.
The clear vertical distance from the finished floor to the finished ceiling. Any part of any room where the ceiling height is less than five feet shall not be considered in computing the total floor area of the room for the purpose of determining the habitable occupancy area thereof.
Any part or portion of the activity of installing, locating, siting, erecting or raising a building.
Any person, firm or entity that undertakes any activity related to the construction of a building, other than the mere provision of supplies, materials.
The activity of completely or partially destroying a previously erected or constructed building.
The trade which relates to the design, installation, maintenance and repair of the mechanical equipment, wiring, fixtures and connections which tie a structure to the power grid of an electric-generating utility and distribute the electricity through a structure to end uses, including any work which may be performed by a master electrician licensed by the State of Wisconsin or a person under the supervision of such an electrician.
An acronym which stands for "heating, ventilating and air conditioning"; the trade which installs mechanical equipment, systems and accessory ducting and gratings for the purpose of warming, purifying, cooling and exchanging air in a building.
Repairs for purposes of maintenance or replacements in any existing building or structure that do not involve the structural portions of the building or structure; and which do not affect room arrangement, light and ventilation, access to or efficiency of any exit stairways or exits, fire protection or exterior esthetic appearance; and which do not increase a given occupancy and use. Replacement of plumbing fixtures which does not involve piping to be changed and replacement of electrical fixtures which does not involve installing new wiring shall be deemed minor repairs.
The act of utilizing a building for human habitation, use or occupancy. Any use of a building for any activity that is customarily or routinely associated with utilization of a building as a residence, detached residential accessory structure, or commercial use shall constitute occupancy.
The individual, firm or entity which has record title to the real estate on which construction or demolition is taking place.
The trade which relates to the design, installation and maintenance or repair of pipes, drains, sinks, basins, hot water heating systems, grease traps, floor drains, and all other work for which the individual performing the work may either be a master plumber licensed by the State of Wisconsin or work under the supervision of such a plumber.
A directive issued with respect to a construction project by a building inspector which compels the owner and any contractor or builder of a building to cease any further work or activity on the construction project until the building inspector has authorized the resumption of the construction project.
This article applies to all dwellings, attached garages, and commercial buildings/structures, regardless of when they were constructed. Notwithstanding this section, this article shall not apply to children's play structures, detached garages, residential accessory buildings and agricultural buildings/structures.
A.
No owner or contractor may commence construction of any building or mechanical system prior to obtaining a valid permit from the Town's Building Inspector.
B.
The construction which shall require a building permit includes, but is not limited to:
(1)
New dwellings, attached structures such as decks, new commercial buildings/structures.
(2)
Additions that increase the physical dimensions of a building including decks.
(3)
Alterations to the building structure valued at $1,000 or more per year. Cost shall include market labor value.
(4)
Alteration of plumbing, venting, electrical or gas supply systems.
(5)
Any electrical wiring for new construction or remodeling.
(6)
Any HVAC for new construction or remodeling.
(7)
Any plumbing for new construction or remodeling.
C.
The following construction activities shall not require a building permit:
(1)
Replacement of major building equipment, including furnaces and central air conditioners, water heaters and any other major piece of equipment.
(2)
Re-roofing, re-siding, window replacement and finishing of interior surfaces, installation of cabinetry, and repairs which are deemed minor by the Building Inspector. Notwithstanding this section, however, a permit accompanied by structural load-bearing calculations shall be required for re-roofing a building if the proposed re-roofing would constitute a third or more layer of roofing.
(3)
Minor repairs or remodeling of existing buildings valued at less than $5,000 per year does not need a permit.
(4)
Normal repairs of HVAC, plumbing and electrical equipment or systems, such as replacing switches, receptacles, light fixtures, and dimmers.
A.
The following chapters of the Wisconsin Administrative Code, as well as all subsequent revisions, are adopted by the Town and shall be enforced by the Building Inspector:
Ch. SPS 305, Credentials |
Ch. SPS 316, Electrical Code |
Chs. SPS 320 to 325, Uniform Dwelling Code |
Chs. SPS 361 to 365, Commercial Building Code |
Ch. Comm 70, Historic Building Code[1] |
Chs. SPS 375 to 379, Buildings Constructed Prior to 1914 |
Chs. SPS 381 to 387, Uniform Plumbing Code |
[1]
Editor's Note: See now regulations in Ch. SPS 366, Existing Buildings, Wis. Adm. Code.
B.
The following guidelines shall pertain to alterations and remodeling for all existing one- and two-family dwellings constructed prior to June 1, 1980. Portions of dwelling that are not being altered (other than stairways) shall not have to comply with this article.
(1)
Unfinished areas converted to living space and altered or remodeled finished area.
(a)
Stairways shall conform to the following:
[1]
Riser height shall be 8 1/4 inches, maximum.
[2]
Tread depth shall be 8 1/2 inches, minimum.
[3]
Headroom shall be 72 inches, minimum.
[4]
Stair width shall be 34 inches, minimum.
[6]
Within a stairway flight, tread depths and riser heights may not vary by more than 3/16 inch.
[7]
Existing stairways between finished living spaces do not require modifications.
(2)
Design floor load: All new areas shall meet 50 pounds per square foot combined live and dead load. If 50% or more of the existing habitable space is altered or remodeled, the existing floor shall also meet the minimum design load of 50 pounds per square foot.
(3)
Ceiling height: All habitable rooms shall have a minimum ceiling height of six feet eight inches for a minimum of 50% of the floor area. Beams and ducts may not encroach more than eight inches into ceiling area below the minimum ceiling height.
(4)
Light and ventilation: All habitable rooms shall be provided with natural light and ventilation in accordance with § SPS 321.05, Wis. Adm. Code.
(5)
Smoke detectors: Smoke detectors shall be provided in accordance with § SPS 321.09, Wis. Adm. Code.
(8)
The provisions of these guidelines are not retroactive.
(10)
The Wisconsin Administrative Code Ch. SPS 316, Electrical, and Chs. SPS 381 to 387, Plumbing, shall apply to all one- and two-family dwellings regardless of when they were constructed.
(11)
These provisions shall not apply to any building repair, as defined herein.
(12)
Energy calculations are not required.
C.
Any local building codes or requirements other than those contained herein are repealed.
The Town has adopted the certified municipality status, as described in § SPS 361.60, Wis. Adm. Code.
A.
Creation and appointment. There is hereby created the office of Building Inspector. The Building Inspector shall be appointed by the municipality. The Building Inspector shall be certified for inspections purposes by the Department of Safety and Professional Services in the required categories specified under Ch. SPS 305, Wis. Adm. Code.
B.
Subordinates. The Town Board may employ, assign or appoint, as necessary, subordinate mechanical inspectors. Any subordinate hired to inspect buildings shall be certified as defined in Ch. SPS 305, Wis. Adm. Code, by the Department.
C.
Duties. The Building Inspector shall administer and enforce all provisions in this article.
D.
Powers. The Building Inspector may, at all reasonable hours, enter upon any public or private premises for inspection purposes. The Building Inspector may require the production of the permit for any building, plumbing and electrical or heating work. No person shall interfere with or refuse to permit access to any such premises to the Inspector while in the performance of his/her duties. In the event that the Inspector is refused access to any such premises, then the Inspector is authorized to apply for a special inspection warrant pursuant to § 66.0119, Wis. Stats.
E.
Inspections. In order to permit inspection of a building project at all necessary phases without causing delay for the owner, the owner and/or contractor shall request all of the following inspections in conformity with the appropriate time frame defined in the Wisconsin Administrative Code or at least 48 hours in advance by the applicant/contractor or property owner, as applicable:
F.
Failure to request any inspection will be the responsibility of the contractor and/or property owner. No construction shall be deemed approved by default or lack of inspection by the Building Inspector.
G.
The expense of uncovering or exposing any work which must be inspected, where such work is required by the failure of the owner to request any inspection, will be the responsibility of the contractor and/or property owner.
H.
Records. The Building Inspector shall perform all administrative tasks required by the Department of Safety and Professional Services under all codes covered in § 198-17. In addition, the Building Inspector shall keep a record of all applications for permits and shall number each permit in the order of its issuance.
The owner or contractor shall, with respect to any proposed construction or demolition, submit two sets of building plans to the Inspector for any work which expands the size of a building, any new building or as required by the Inspector. If a new building or building addition is proposed, then a plot plan drawn to scale showing 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 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 the applicable codes.
A.
The Inspector shall issue the requested permit if the owner or contractor demonstrates that all state, county and local ordinance requirements are satisfied. If a permit card is issued, it shall be posted at the job site in a location visible from the street. Permits are valid for two years. Permit may be extended for 30, 90 or up to 180 days with the Building Inspector's approval and payment of permit fees.
B.
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.
C.
Permits are issued conditionally on the condition that the owner and/or contractor(s) shall conform to the requirements of all applicable codes, zoning ordinances and setback requirements in construction of the building.
If the Building Inspector, after completing all required inspections, finds that a building has been constructed in accordance with the applicable codes, then the Building Inspector shall issue an occupancy permit. If the building fails to comply with code in minor respects which do not threaten the temporary occupancy, the Building Inspector may issue a permit for 30 days or a specified term. No person may have occupancy of a building until an occupancy permit is issued.
Whenever the Building Inspector determines that any building or structure is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use so that it would be unreasonable to repair the same, the Inspector shall order the owner to raze and remove all or part thereof. Such orders and proceedings shall be as provided in § 66.0413(1)(i), Wis. Stats.
All buildings shall have a weather-resistant, uniform and neighborhood-compatible exterior finish. Tar paper or similar material is not acceptable.
During construction or demolition, yards shall be kept free of weeds, construction debris and trash. Contractors and owners shall comply with § SPS 321.125, Wis. Adm. Code, to prevent soil erosion, diversion of surface water or damage to adjoining property.
At the time of building permit application issuance, the applicant shall pay fees as established periodically by the Town. If work commences prior to permit issuance, the permit fee shall triple.
A.
Prohibition. 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.
Every person, firm or entity that violates this article shall, upon conviction, forfeit not less than $25 nor more that $1,000 for each day of noncompliance, together with the costs of prosecution.
C.
Violations discovered by the Building Inspector shall be corrected within 30 days or more, as allowed by the Inspector, after written notice is given. 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 enjoyed in a civil action.
The Building Inspector may issue a stop-work order for a project to prevent further noncomplying work. No person, firm or entity may continue a construction project after a stop-work order has been issued. The person, firm or entity that receives such a stop-work order may contest the validity of the same by requesting a hearing before the Administrative Review Appeals Board. The Administrative Review Appeals Board shall hear the appeal within seven days. The Administrative Review Appeals Board shall affirm the stop-work order unless the owner or contractor shows that the Building Inspector erred in determining that the construction project violated a provision or provisions of this article.
Any person feeling aggrieved by an order of the Building Inspector may, within 20 days thereafter, appeal from such order to the Administrative Review Appeals Board. The Town will follow procedures set forth in Ch. 68, Wis. Stats., to arrive at a final determination. Final determinations may be reviewed as set forth in § SPS 320.21, Wis. Adm. Code.
This article shall not be construed as an assumption of liability by the Town or the Building Inspector for damages because of injuries sustained or property destroyed by any defect in any dwelling or equipment.
If any section or portion hereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision and shall not affect the validity of any other provisions, sections or portions thereof of the article. The remainder of the article shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this article are hereby repealed as to those terms that conflict.
This article shall be effective upon passage and publication in the Green Lake Reporter.