A certain document, a copy of which is on file in the office of the city secretary, city administrator of the city, being marked and designated as the International Building Code, 2020 edition, as published by the International Code Council, be and is hereby adopted as the building code of the city for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said building code on file in the office of the city are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions and changes, if any, prescribed in section 3.02.052 of this article.
(1982 Code, ch. 3, sec. 1; Ordinance 61 adopted 9/13/83; Ordinance 117, sec. I, adopted 4/18/89; Ordinance 232 adopted 9/12/00; Ordinance
340, sec. 1(A), adopted 4/9/13; Ordinance 351, sec. 1(A), adopted 10/14/14; Ordinance 434, sec. 1(A), adopted 10/11/22)
The following sections within the International Building Code,
2020 edition, are hereby revised:
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Section 101.1. Insert: City of Onalaska.
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Section 1612.3. Insert: City of Onalaska.
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Section 1612.3. Insert: August 10, 2010.
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Section 3412.2. Insert: April 9, 2013.
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(Ordinance 340, sec. 2(A), adopted 4/9/13; Ordinance 351, sec. 2(A), adopted 10/14/14; Ordinance 434, sec. 2(A), adopted 10/11/22)
The mayor shall serve as the building official for the purpose
of enforcement of the building code. The mayor, with the approval
of the city council, shall appoint such inspectors as may be necessary
to assist in the enforcement of the building code. Such appointments
may be temporary and applicable to only one (1) inspection or permit
when it is deemed in the best interest of the city to obtain inspectors
with special qualifications.
(Ordinance 61 adopted 9/13/83; Ordinance 117, sec. II, adopted 4/18/89; 1982 Code, ch. 3, sec. 2(A))
Any requirement necessary for the strength or stability of an
existing or proposed building or structure, or for the safety or health
of the occupants thereof, not specifically covered by this code, shall
be determined by the building official subject to appeal to the city
council.
(Ordinance 61 adopted 9/13/83; Ordinance 117, sec. II, adopted 4/18/89; 1982 Code, ch. 3, sec. 2(C))
The provisions of this code are not intended to prevent the
use of any material or method of construction not specifically prescribed
by this code, provided any such alternate has been approved and its
use authorized by the building official. The building official shall
approve any such alternate, provided he finds that the proposed alternate
is satisfactory and at least the equivalent of that prescribed in
the code in quality, strength, effectiveness, fire resistance, durability,
and safety. The building official shall require that sufficient evidence
or proof be submitted to substantiate any claim that may be made regarding
its use. If, in the opinion of the building official, the evidence
and proof are not sufficient to justify approval, the applicant may
refer the entire matter to the city council.
(Ordinance 61 adopted 9/13/83; Ordinance 117, sec. II, adopted 4/18/89; 1982 Code, ch. 3, sec. 2(D))
(a)
Neither
the city, nor any authorized agent, acting under the terms of this
division shall be liable or have any liability by reason of orders
issued, work done, inspections made, or failure to make inspections
under the terms of this division.
(b)
Any
officer or employee, inspector, or member of the city council, charged
with the enforcement of this code, acting for the applicable governing
body in the discharge of his duties, shall not thereby render himself
liable personally, and he is hereby relieved from all personal liability
for any damage that may accrue to persons or property as a result
of any damage that may accrue to persons or property as a result of
any act required or permitted in the discharge of his duties. Any
suit brought against any officer or employee because of such act performed
by him in the enforcement of any provision of this code shall be defended
by the city attorney until the final termination of the proceedings.
(Ordinance 61 adopted 9/13/83; Ordinance 117, sec. II, adopted 4/18/89; 1982 Code, ch. 3, sec. 2(E))
On all buildings, structures or alterations requiring a building
permit, a fee for each building permit shall be paid as required at
the time of filing application, in accordance with the following schedule:
(1)
Building
permit fees for residential: As listed in the fee schedule to this
code.
(3)
Manufactured/mobile
homes and manufactured/mobile home parks:
(A)
Manufactured/mobile homes to be twenty-five cents ($0.25) per square
foot at a new lot/location with no additional fees; fee is all-encompassing.
(B)
For an existing manufactured/mobile home park that has already passed
a city inspection: Ten cents ($0.10) per square foot with no additional
fees.
(C)
Any private lot that is changing out a manufactured/mobile home at
a home site already approved by the city inspector: Ten cents ($0.10)
per square foot with no additional fees.
(4)
Building
permits for commercial: Overall general contract fee to be $5.00 per
$1,000.00 value.
(5)
Reinspection
fee: As listed in the fee schedule to this code.
(6)
Moving
permit fee: For the moving of any building or structure, the fee shall
be twenty-five dollars ($25.00).
(7)
Demolition
permit fee: For the demolition of any building or structure, the fee
shall be twenty-five dollars ($25.00).
(8)
Commencement
of work before permit obtained: As listed in the fee schedule to this
code.
(Ordinance 61 adopted 9/13/83; Ordinance 76, sec. I, adopted 8/14/84; Ordinance 117, sec. II, adopted 4/18/89; 1982
Code, ch. 3, sec. 2(F); Ordinance 256 adopted 5/13/03; Ordinance
277 adopted 11/9/04; Ordinance 371 adopted 10/10/17; Ordinance 373 adopted 10/10/17; Ordinance 380 adopted 10/9/18)
Whenever the building official shall reject or refuse to approve
the mode or manner of construction proposed to be followed or materials
to be used in the erection or alteration of a building or structure,
or when it is claimed that the provisions of this code do not apply,
or that an equally good or more desirable form of construction can
be employed in any specific case, or when it is claimed that the true
intent and meaning of this code or any of the regulations thereunder
have been misconstrued or wrongly interpreted, the owner of such building
or structure, or his duly authorized agent, may appeal from the decision
of the building official to the city council.
(Ordinance 61 adopted 9/13/83; Ordinance 117, sec. II, adopted 4/18/89; 1982 Code, ch. 3, sec. 2(G))
On construction projects in which trench excavation will exceed
a depth of five (5) feet, the bid documents and contract must include
detailed plans and specifications for trench safety systems that meet
Occupational Safety and Health Administration (OSHA) standards. The
plans and specifications shall include a pay item for these trench
safety measures. The bid document and contract requirements that are
subject to this portion of the building code shall call for a trench
safety system which complies with OSHA standards in effect at the
time of bidding.
(Ordinance 117, sec. II, adopted 4/18/89; 1982 Code, ch. 3, sec. 2(H))
No fire district boundaries having been established, the terms
of the code related to fire districts are hereby deleted from said
building code.
(Ordinance 117, sec. II, adopted 4/18/89; 1982 Code, ch. 3, sec. 2(I))
