[HISTORY: Adopted by the Village Board of the Village of
Blanchardville 3-1-2004 by Ord. No. 2004-03 (Ch. 14 of the 2003
Municipal Code); amended in its entirety 12-5-2022 by Ord. No. 2022-022. Subsequent amendments noted where applicable.]
These regulations are adopted under the statutory authority
granted pursuant to §§ 101.65, 101.651, 101.76 and
101.761, Wis. Stats.
The purpose of this chapter is to promote the health, safety,
and general welfare of our community, to protect property values and
provide for the orderly, appropriate development and growth of the
community.
As used in this chapter, the following terms have the meaning
prescribed herein. Any item not defined herein shall follow the Wisconsin
Administrative Code definitions.
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 purposes. The term does not include children's play structures,
agricultural barns, agricultural sheds or agricultural accessory buildings.
The individual(s) or firm appointed by the Village to exercise
all of the powers and duties of a building inspector under Wisconsin
law.
Any part or portion of the activity of installing, locating,
siting, erecting or raising a building.
Any person, firm or entity which undertakes any activity
related to the construction of a building other than the mere provision
of supplies or 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.
The act of utilizing a building for human habitation, use,
or occupancy. Any use of a building for any activity which is customarily
or routinely associated with utilization of a building as a residence,
detached residential accessory structure, or commercial use shall
constitute occupancy.
Any person who, alone or jointly or severally with others:
Has legal title to any premises, building, or building unit,
with or without accompanying actual possession thereof; or
Has charge, care or control of any premises, building, or building
unit, as owner or agent of the owner, or an executor, administrator,
trustee or guardian of the estate of the owner. Any such person thus
representing the actual owner shall be bound to comply with the provisions
of this chapter and of rules and regulations adopted pursuant thereto
the same extent as if he/she were the owner.
The trade which relates to the design, installation and maintenance
or repair of pipes, drains, sinks, basins, hot water heating systems,
natural gas pipes, 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.
Repairs for purposes of maintenance or replacement in any
existing building or structure, which do not involve structural portions
of the building or structure, or 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, shall be deemed minor repairs.
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 chapter applies to all one- and two-family dwellings, commercial
buildings/structures, swimming pools, decks, residential accessory
buildings, and agricultural buildings. Notwithstanding this section,
this chapter shall not apply to children's play structures.
A.
No owner or contractor may commence construction of any building
or mechanical system prior to obtaining a valid permit from the Municipal
Building Inspector.
B.
The construction which shall require a building permit includes but
is not limited to:
(1)
New buildings including agricultural building, detached structures
(decks) and detached accessory buildings.
(2)
Additions that increase the physical dimensions of a building, including
decks.
(3)
Alterations to the building structure (cost shall include market
labor value) or alterations to the building's heating, electrical,
or plumbing systems.
(4)
Replacement of major building equipment, including furnaces, and
central air conditioners, water heaters and any other major piece
of equipment, shall require a permit.
(5)
Alteration of plumbing, venting, electrical or gas supply systems.
(6)
Any electrical wiring for new construction or remodeling excluding
new wiring for existing industrial and manufacturing facilities that
do not require State mandated building plan review.
(7)
Any HVAC for new construction or remodeling.
(8)
Any plumbing for new construction or remodeling.
[Amended 1-3-2023 by Ord.
No. 2023-01]
The following chapters of the Wisconsin Administrative Codes,
as well as all subsequent revisions, are adopted by the Village and
shall be enforced by the Building Inspector:
A.
Section SPS 302.31, Buildings, structures, heating, ventilation,
and fire protection systems.
B.
Ch. SPS 305, Licenses, Certifications and Registrations.
C.
Ch. SPS 316, Electrical Code.
D.
Chs. SPS 320 through 325, Uniform Dwelling Code.
E.
Chs. SPS 327, Camping Units.
F.
Chs. SPS 361 through 366, Commercial Building Code.
G.
Chs. SPS 375 through 379, Buildings Constructed Prior to 1914.
H.
Chs. SPS 381 through 387, Uniform Plumbing Code.
For the purposes of this chapter, the standards contained in
the Wisconsin Uniform Dwelling Code shall be expanded to apply as
the standards of construction of the following:
A.
Additions, alterations, and major equipment replacements for one-
and two-family dwellings built prior to June 1, 1980.
B.
Detached accessory buildings greater than 200 square feet serving
one- and two-family dwellings.
(1)
Frost protection for footings and foundations.
(a)
Grade-beam slabs are required for structures with a continuous
floating slab reinforced concrete. The slab shall not be less than
four inches in thickness. Reinforcement shall be a minimum of six-inch,
number 10 wire mesh or by using 1.5 pounds of fiber mesh per cubic
yard concrete with varying fiber mesh lengths. The slab shall be provided
with a thickened edge all around, eight inches wide and eight inches
below the top of the slab.
(b)
Structures not constructed with a floating slab shall have footings
and foundations placed below the frost penetration level, but in no
case less than 48 inches below grade per § SPS 321.
C.
Detached accessory buildings less than 200 square feet in size, concrete slabs, frost-free footings, and the like are not required, but if they are installed, they shall follow Subsection B above and/or § SPS 321, Wis. Adm. Code. Wood-bearing beams, walls or members in contact with the ground shall be pressure treated or decay resistant type wood per § SPS 21.10.
Certified municipality. The Village has adopted the Certified
Municipality Status as described in § SPS 361.60, Wis. Adm.
Code.
A.
Responsibilities. The Village shall assume the following responsibilities
for the Department of Safety and Professional Services (Department):
B.
Plan examination.
(1)
Drawings, specifications and calculations for all the types of buildings
and structures, except state-owned building and structures, to be
constructed within the limits of the municipality shall be submitted,
if the plans are for any of the following:
(2)
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.
(3)
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.
A.
Creation and appointment. There is hereby created the office of Building
Inspector. The Building Inspector shall be appointed by the Village.
The Building Inspector shall be certified for inspection purposes
by the Department in the required categories specified under § SPS
305, Wis. Adm. Code.
B.
Subordinates. The Building Inspector may employ, assign, or appoint,
as necessary, subordinate, mechanical inspectors. Any subordinate
hired to inspect buildings shall be certified as defined in § SPS
305, Wis. Adm. Code, by the Department.
(1)
The Building Inspector shall first notify the Village President and
Chairperson of Public Works prior to any subcontracting of duties
to another firm.
C.
Duties. The Building Inspector shall administer and enforce all provisions
of this chapter.
D.
Powers. The Building Inspector or an authorized certified agent of
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,
electrical or heating work. No person shall interfere with or refuse
to permit access to any such premises to the Inspector or his/her
agent 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 possible.
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 was required by the failure of the owner to request
any inspection, will be the responsibility of the contractor and/or
property owner.
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 such
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 applicable codes.
[Amended 11-6-2023 by Ord. No. 2023-004]
A.
The Inspector shall issue the requested permit if the owner or contractor
demonstrates that all state, county, and local submission requirements
are satisfied. If a permit card is issued, it shall be posted at the
job site in a visible location 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) conform to the requirements of all applicable
codes, zoning ordinances and setback requirements in constructing
the building.
D.
Any permit issued whereas there is no lavatory or privy for human
waste to be properly disposed of shall secure the means of such disposal
via a portable lavatory at the owner's or contractor's expense.
E.
No building, plumbing, electrical, or HVAC permit shall be issued
to any person who is in violation of this chapter until such violation
has been corrected.
F.
No building, plumbing, electrical or HVAC permit shall be issued
to any person to whom an order has been issued by the Building Inspector.
G.
It shall be the responsibility of the installer or contractor to
determine if a permit is required and to obtain the same prior to
commencing work.
A deposit of $400 is required for all projects whose total cost,
including labor, materials, and supplies, will equal or exceed $15,000.
The deposit shall be refunded after the project is completed and the
Building Inspector has found that the building complies with all applicable
codes. The deposit shall be forfeited if occupancy occurs before final
inspection or extends after a temporary occupancy permit expires.
It shall also be forfeited if the exterior is not finished within
two years of the date the permit is issued.
If the Building Inspector, after completing all required inspections,
finds that a building has been constructed in accordance with the
applicable codes, then the Inspector shall issue an occupancy permit.
If the building fails to comply with the code in minor respects which
do not threaten the safety, health or welfare of the building's occupants,
the Building Inspector may issue a temporary occupancy 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 or dilapidated or has become so out of repair
as to be dangerous, unsafe, unsanitary or otherwise unfit for human
habitation, occupancy or use, and so that it would be unreasonable
to repair the same, the Inspector shall order the owner to raze or
remove all or part thereof, or if such structure can be made safe
and sanitary by repairs, is at the owner's option. Such orders and
proceedings shall be as provided in § 66.0413, Wis. Stats.
A.
Demolition permit required. No person, firm or entity may cause the
demolition of any structure or part of a structure greater than 400
square feet in area without having first applied for and obtained
a demolition permit from the Building Inspector. No person, firm or
entity may undertake any steps to demolish the structure prior to
receiving a permit.
B.
Application.
(1)
An application for a permit to demolish all or part of a building
shall include the following information:
(a)
The name and address of the owner of the building on date of
application and, if different, on date of demolition;
(b)
The name, address and telephone number of the contractor(s)
performing the demolition work;
(c)
The date upon which demolition is to commence;
(d)
The date by which demolition shall be complete;
(e)
A list of all hazardous waste and hazardous and toxic substances
(as defined by § NR 445, Wis. Adm. Code), and a detailed
description of the method to be used in removing, transporting and
disposing of any hazardous waste, hazardous and toxic substances,
and asbestos;
(f)
A detailed description of how and where the waste materials
resulting from the demolition will be transported and disposed of
(including the description of the route to be used by trucks in hauling
the waste);
(g)
A description of the method of demolition to be used; and
(h)
A description in detail of all methods to be used to prevent
water runoff and soil erosion from the site to neighboring properties
and to prevent releasing unreasonable amounts of dust from the site.
(2)
Along with the application for permit for demolition, the applicant
shall present a release from all utilities serving the property, stating
that their respective service connections and appurtenant equipment
such as meters and regulators have been removed or sealed and plugged
in a safe manner.
C.
Demolition. The demolition shall be conducted in a manner that is
safe and that does not adversely affect the environment.
D.
Clearing and leveling the site.
(1)
The site of any demolition shall be properly cleared of debris, rubbish
and pavement and shall be properly graded and leveled to conform with
the adjoining grade of the neighboring property; and when so graded
and leveled, the site shall be seeded, sodded, or treated in some
other manner acceptable to the Building Inspector so as to prevent
blowing dust, dirt, or sand. Excavations remaining after demolition
shall be filled, graded, and leveled off, not later than 30 consecutive
days after demolition is completed.
(2)
Excavations from demolished buildings or structures shall not be
filled with any materials subject to deterioration. The Building Inspector,
upon notification by the permit holder, the owner or his agent, in
writing and upon forms provided by the Building Inspector for that
purpose, shall within 72 hours inspect each excavation, or part thereof,
before filling any excavation.
(3)
It shall be unlawful to fill any such excavation without inspection
and approval of the Building Inspector. Voids in filled excavations
shall not be permitted. In the event of the unavailability of the
Building Inspector to conduct an inspection within 72 hours after
written notices; the permit holder, owner or his agent may retain
the services of a certified, qualified municipal inspection service
to obtain an opinion that approved filling of the excavation. Said
opinion shall be deemed a sufficient approval by the Village provided
that a written copy of the opinion is delivered to the Clerk-Treasurer
at least 48 hours before filling of the excavation commences.
E.
Removal and disposal. Removal, transportation and disposal of al
hazardous waste, hazardous and toxic substances, and asbestos shall
be conducted in compliance with all applicable state, federal and
local statues, ordinances, and regulations. The permit holder shall
give the Building Inspector 72 hours' written notice prior to any
removal, transportation or disposal of hazardous waste, hazardous
and toxic substances, and asbestors.
A.
General. No person shall move any building or structure upon any
of the public rights-of-way of the Village without first obtaining
permit therefor from the Building Inspector and upon the payment of
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. This section does not apply
to manufactured homes per the Federal Fair Housing Act.
B.
Moving damaged buildings. No building shall be repaired, altered
or moved within or into the Village that has deteriorated or has been
damaged by any cause (including such moving and separation from its
foundations and service connections in case of moved buildings) 50%
or more of its equalized value. No permit shall be granted to repair,
alter, or move such building within or into the Village. Furthermore,
if the equalized assessed value of the building is not within 10%
of the surrounding buildings within 1,000 feet of the parcel where
the building is proposed to be moved to, no permit shall be granted
unless the building is improved so that its equalized value is within
10% of the lowest equalized value of any of the surrounding buildings.
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 a
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/inspection. Every person receiving a permit to move
a building shall, prior to moving the building, accompany the Building
Inspector and Superintendent of Public Works on an inspection of the
route the building will travel within the Village limits. The applicant
shall, within one day after said building reached its destination,
report the fact to the Building Inspector who shall thereupon, in
the company of the Superintendent of Public Works, inspect the streets
and highways over which said building has been moved and ascertain
the 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 payment of same.
E.
Conformance with code. No permit shall be issued to move a building
within or into the Village and to establish it upon a location within
the said Village until the Building Inspector has made an investigation
of such building at the location from which it is to be moved and
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/she 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 Village 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.
F.
Cash deposit.
(1)
Before a permit is issued to move any building over any public way
in this Village, the party applying for said permit shall make a cash
deposit to the Village in a sum, to be fixed by the Village, which
sum shall not be less than $5,000. Said cash deposit shall be held
for indemnification of the Village for any costs or expenses incurred
by it in connection with any claims for damages to any persons or
property, and the payment of any judgment, together with the costs
or expenses incurred by the Village in connection therewith, arising
out of the removal of the building for which the permit is issued.
The cash deposit shall be refunded if after the building is moved
and the Building Inspector and Superintendent of Public Works have
found that the permit was complied with, and no damages were caused
by the move.
(2)
The cash deposit refund process required by Subsection F(1) shall be further conditioned upon the permittee erecting adequate barriers and, within 48 hours, filling in such excavation or adopting and employing such other means, devices or methods approved by the Building Inspector and reasonably adopted or calculated to prevent the occurrences set forth herein. The Building Inspector may waive the timelines in this subsection if the Building Inspector, after investigation, determines that the excavation exposed by the removal of such building from its foundation is not so close to a public thoroughfare as to constitute a hazard to persons, particularly children under 12 years of age.
G.
Insurance. The Building Inspector shall require, in addition to said
bond above indicated, public liability insurance covering injury to
one person in the sum of not less than $1,000,000 and for one accident,
aggregate not less than $3,000,000, together with property damage
insurance in a sum not less than $500,000, or such other coverage
as deemed necessary.
H.
Village.
(1)
Before any permit to relocate a building may be issued, the Village
shall examine the application for the permit and approve the application
by a majority vote.
(2)
The application shall include exterior elevations of the building
at its proposed new location; accurate photographs of all sides and
views of the same; in case it is proposed to alter the exterior of
said building, plans and specifications of such proposed alterations,
and a site plan showing the location of the building on the final
resting site.
(3)
The Village shall not grant a permit unless the Village has taken
a view of the building proposed to be moved and of the site at which
it is to be located.
(4)
The Village may not issue a permit for relocation of a building unless it finds that the exterior appearances and design of the building to be moved, or moved and altered, will not be consistent with the exterior appearance and design of the buildings already constructed or in the course of construction in the immediate neighborhood, or with the character of the applicable district established by Chapter 520, Zoning, of the Code of the Village of Blanchardville. No permit shall be granted if the relocation will cause a substantial depreciation of the property values of the neighborhood to which the building is proposed to be relocated.
(5)
In case the applicant proposes to alter the exterior of said building
after moving the same, he/she shall submit, with his/her application
papers, complete plans and specifications for the proposed alterations.
Before a permit shall be issued for a building to be moved and altered,
the applicant shall deposit a cash deposit of not less than $5,000
with the Village to secure the timely completion of all proposed exterior
alterations to said building, as set forth in the plans and specifications.
This cash deposit shall be in addition to any other bond or surety
which may be required by other applicable ordinances of the Village.
The cash deposit shall be refunded after the exterior alterations
are completed and the Building Inspector has found the building exterior
complies with the approved plans and within the time frame set by
the Village Board. The deposit shall be forfeited if the exterior
of the building does not comply with the approved plans or if the
time frame for completing the work is not adhered to.
(6)
No occupancy permit shall be issued for said building until the exterior
alterations proposed to be made have been completed.
(7)
Whenever an application for relocation of a building is made to the
Building Inspector, he/she shall request a meeting of the Village
to consider the application. The Building Inspector shall inform the
Village whether or not the application complies, in all respects,
with all other ordinances of the Village. The Village may, if it desires,
hold a public hearing on the permit.
(8)
Notice to utilities. Prior to the issuance of said permit, the owner
or mover shall certify that he/she has notified all public utilities
whose lines or poles may be interfered with during the movement of
the building. Such utilities shall take whatever steps are necessary
to permit the building to be moved without damage to its lines and
poles and may charge the permittee the cost thereof.
At the time of building permit application issuance, the applicant
shall pay fees as established by resolution periodically by the Village.
If work commences prior to permit issuances, the permit fee shall
double.
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 chapter.
B.
Every person, firm or entity which violates this chapter shall, upon conviction, for each day of noncompliance, be subject to the penalty provided in § 1-4 of this Code.
C.
Violations discovered by the Building Inspector shall be corrected
within 30 days, or more if 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 chapter 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 chapter shall constitute a public nuisance which may be enjoined
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 which receives such a stop-work order may
contest the validity of the same by requesting a hearing before the
Village. The Village shall hear the appeal within seven days. The
Village 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 the state building codes.
The Village Board shall hear requests for variances from the
building code to the extent the Village Board has authority to hear
and grant variances. The Village Board shall approve, conditionally
approve, or deny a requested variance. The Village Board may grant
a variance from a code requirement only if the variance is permitted
by state law and if the performance of the proposed variance is equal
to or greater than the code requires.
Any person feeling aggrieved by an order of the Building Inspector
may, within 20 days thereafter, appeal from such order to the Village
Board. The Village will follow procedures explained in Ch. 68 Wis.
Stats., to arrive at a final determination. Final determinations may
be reviewed as explained in § SPS 320.21, Wis. Adm. Code.
This chapter shall not be construed as an assumption of liability
by the Village or the Building Inspector for damages because of injuries
sustained or property destroyed by any defect in any dwelling or equipment.
