The provisions of this chapter shall govern
the design, construction, alteration, demolition and moving of all
buildings and structures within the Village.
These regulations shall be known and cited as
the "Municipal Building Code" and shall be construed to secure their
expressed intent and to ensure public safety, health and welfare insofar
as they are dependent upon building construction.
[Amended 5-20-2008 by Ord. No. 840; 1-19-2021 by Ord. No. 927]
The following chapters of the Wisconsin Administrative Code,
as well as all subsequent revisions, are adopted by the municipality
and shall be enforced by the Director of Inspection Services.
(1) Ch.
SPS 302.31, Plan Review Fee Schedule.
(2) Ch.
SPS 305, Credentials.
(3) Ch.
SPS 316, Electrical Code.
(4) Chs.
SPS 320 through 325, Uniform Dwelling Code.
(5) Ch.
SPS 327, Campgrounds.
(6) Chs.
SPS 361 through 366, Commercial Building Code.
(7) Chs.
SPS 375 through 379, Buildings Constructed Prior to 1914.
(8) Chs.
381 through 387, Uniform Plumbing Code.
[Amended 1-19-2021 by Ord. No. 927]
(1) Certified
municipality. The Village has adopted the certified municipality status
as described in SPS 361.60 of the Wisconsin Administrative Code.
(a) Responsibilities.
The Village shall assume the following responsibilities for the Department
of Safety and Professional Services (Department):
1. Provide
inspection of commercial buildings with certified commercial building
inspectors.
2. Provide
plan examination of commercial buildings with certified commercial
building inspectors.
All buildings and structures hereafter erected,
altered, repaired, moved or demolished that are used or designed to
be used for the purpose herein defined shall comply in full with the
requirements of this chapter.
(1) Zoning laws. No provision of this chapter shall be
construed to repeal, modify or constitute an alternative to any lawful
zoning regulations.
(2) New buildings. The construction requirements of this chapter shall apply to all buildings not covered under §
15.03.
(3) Existing buildings. This chapter shall also apply
to buildings and conditions described in this subsection:
(a) An existing building to be occupied as a one- or two-family
dwelling, which building was not previously so occupied.
(b) An existing structure that is altered or repaired,
when the cost of such alterations or repairs during the life of the
structure exceeds 50% of the equalized value of the structure, such
value to be determined by the Village Assessor.
(c) Additions and alterations, regardless of cost, made to an existing building shall comply with the requirements of this chapter. The provisions of Subsection
(4) shall also apply.
(d) Roof coverings. Whenever more than 25% of the roof
covering of a dwelling is replaced in any twelve-month period, all
roof covering shall be in conformity with applicable sections of this
chapter.
(e) Additions and alterations. Any addition or alteration,
regardless of cost, made to a dwelling shall be made in conformity
with applicable sections of this chapter.
(4) Alterations and repairs. The following provisions
shall apply to any buildings altered or repaired:
(a) Alterations. When any existing building or structure
accommodates a legal occupancy and use but is of a nonconforming type
of construction, then alterations which involve the structural members
of floors or roofs, beams, girders, columns, bearing or other walls,
room arrangement, heating and air-conditioning systems, light and
ventilation, or changes in location of exit stairways or exits, or
any or all of the above, shall be made in order to bring such existing
construction into conformity with the minimum requirements of this
chapter applicable to such occupancy and use and given type of construction,
when not in conflict with any other regulations.
[Amended 5-20-2008 by Ord. No. 840]
(b) Repairs. Repairs for purposes of maintenance or replacements
in any existing building or structure which do not involve the 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 aesthetic appearance
and which do not increase a given occupancy and use shall be deemed
minor repairs.
(c) When alterations are not permitted. When any existing
building or structure which does not conform to the regulations of
this chapter has deteriorated from any cause whatsoever to an extent
greater than 50% of the equalized value of the building or structure,
no alterations or moving of such building or structure shall be permitted.
Any such building or structure shall be considered a menace to public
safety and welfare and shall be ordered vacated and thereafter demolished
and debris removed from the premises.
(d) Alterations and repairs required. When any of the
structural members of any building or structure have deteriorated
from any cause whatsoever to less than their required strength, the
owner of such a building or structure shall cause such structural
members to be restored to their required strength, failing in which
the building or structure shall be considered a menace to public safety
and shall be vacated, and thereafter no further occupancy or use of
the same shall be permitted until the regulations of this chapter
are complied with.
(e) Extent of deterioration. The amount and extent of
deterioration of any existing building or structure shall be determined
by the Director of Inspection Services.
(f) Use of unsanitary building. No person shall occupy,
use or permit the occupancy or use of any building or structure that
is unsanitary, dilapidated, deteriorated, out of repair or unfit for
human habitation, occupancy or use until the regulations of this chapter
have been complied with.
(5) Razing of buildings. The Director of Inspection Services
shall act for the Village under the provisions of § 66.0413,
Wis. Stats., relating to the razing of buildings and all acts amendatory
thereof and supplementary thereto. The Village Treasurer is authorized
to place the assessment and collect the special tax as therein provided.
[Amended 1-19-2021 by Ord. No. 927]
As used in this chapter, certain words and phrases
shall be defined as follows. The word "shall" as used herein is mandatory.
ACCESSORY BUILDING
A part of a principal building or a supplemental building
located on the same lot with a principal building and generally used
for storage, private garage or other use customarily incidental to
a residence use.
ADDITION
Any new construction whereby an existing building or structure,
or building or structure in course of construction, is increased in
area or cubical content.
ADJOINING LOT LINE
The line between adjoining lots, plots of land or parcels
of land of different or the same ownership.
ALLEY
A right-of-way which affords a secondary means of vehicular
access to abutting properties. A street shall not be considered an
alley.
ALTERATION
Any change or modification in construction or occupancy.
APARTMENT
A room or suite of rooms which is occupied or which is intended
or designed to be occupied by one family for living and sleeping purposes.
APPROVED
As to materials and types of construction, refers to approval
by the Building Inspectors Association as the result of investigation
and tests conducted by the Association or by reason of accepted principles
or tests by national authorities or technical or scientific organizations.
AREA
As applied to dimensions, means the maximum horizontal projected
area of a building, structure, room, apartment or open space, not
including overhangs.
ATTIC
A space, not suitable for human occupancy, under the roof
and above the ceiling of the topmost story of any building or part
thereof.
BASEMENT
That portion of a building the floor line of which is below
lot grade and the ceiling of which is not more than five feet above
lot grade. Same for cellar.
BEARING
That area of any structural unit of a building or structure
which is in direct contact with the supports which receive the loads
from that unit.
BUILDING
Any structure built for the support, shelter or enclosure
of persons, animals, chattels or property of any kind.
BUILDING, EXISTING
A building erected prior to the adoption of this chapter
or one for which a legal building permit has been issued.
CUBIC CONTENTS
The actual cubic space enclosed within the outer surfaces
of the outside or enclosed walls, outer surfaces of the roof and the
finished surfaces of the lowest floors of a building or structure.
Does not include the contents of courts which are open to the sky.
DWELLING
A building which is designed or used or which is intended
to be used as a residence or place of abode.
EQUIPMENT
As specifically regulated by this chapter, includes heating,
cooling, air-conditioning and ventilating systems; plumbing and sanitary
systems; electric light and power systems; telephone, electronic and
radio signal and annunciator systems; dry cleaning, dyeing and washing
machines; elevators and dumb waiters; gas pipe systems; standpipes;
sprinkler systems; fire protection apparatus, fire extinguishers and
pumps; oil burners, stokers and conveyors; refrigerating systems;
devices, machinery and apparatus of every description; furnaces, boilers
and high- or low-pressure steam systems; gasoline pumps; all movable
or portable containers of every description; all air pressure or other
tanks; and all other self-contained systems used in conjunction with
buildings or structures.
ESTABLISHED GRADE
The grade of the street as established by ordinance at the
center line of the street.
EXISTING
A building, structure, equipment or premises completed or
in course of construction, or used or occupied, and for which a legal
permit has been issued prior to the effective date of this chapter.
FAMILY
One or more persons occupying a dwelling unit as a single,
nonprofit housekeeping unit, who are living together as a bona fide
stable and committed living unit, being a traditional family or the
functional equivalent thereof, exhibiting the generic character of
a traditional family.
FIRE DISTRICT
Zoned areas of the Village within which wood frame construction
is prohibited except as otherwise provided for in this chapter.
FLOOR AREA
The net area of any floor space enclosed by exterior walls,
fire walls or absolute fire separation exclusive of open spaces.
FOOTINGS
That portion of the foundation of a structure which spreads
and transmits loads directly to the soil or the piles.
FOUNDATION
The supporting structure as a whole below the lowest floor
upon which rests the superstructure of a building or structure.
GARAGE
A building or portion thereof in which a motor vehicle containing
gasoline, distillate or other volatile, flammable liquid in its tank
is stored, repaired or kept.
GARAGE, PRIVATE
A building or a portion of a building in which only motor
vehicles used by the tenants of the building or buildings on the premises
are stored or kept.
GRADE, LUMBER
The classification of lumber in regard to stress and grade.
HABITABLE ROOMS
Rooms used for human occupancy; for example but not confined
to the following:
(1)
BEDROOMA habitable room in a dwelling unit intended for use primarily for sleeping purposes.
(2)
KITCHENA habitable room or space in a dwelling unit in which meals are cooked or prepared.
(3)
LIVING ROOMThe principal habitable room in a dwelling unit designed for or appropriated to the general occupancy or use of a family or household.
LINTEL
The beam or girder placed over an opening in a wall which
supports the wall construction above.
LOADS
(1)
DEAD LOADThe weight of the walls, floors, partitions, roofs and other structural parts of a building or structure.
(2)
LIVE LOADAll imposed, transient, moving loads or loads due to impact and including movable partitions in a building or structure other than dead loads.
LOT
A parcel of land in a single ownership occupied or to be
occupied by not more than one principal or main building and the accessory
buildings or uses customarily incident to it, including such open
spaces as are required by this chapter or other codes, and having
its principal frontage upon a street.
LOT LINE
A line or lines dividing one lot, plot of land or parcel
of land from an adjoining lot, plot of land or parcel of land.
MASONRY
A construction composed of separate units such as brick,
block, hollow tile, stone or approved similar units or a combination
thereof, laid up or built unit by unit and bonded by mortar.
NONCONFORMING BUILDING
A lawfully existing building, premises, structure, use, material
or equipment which does not conform to the requirements of this chapter.
OCCUPANCY or USE
The purpose for which a building, structure, equipment, materials
or premises or part thereof is used or intended to be used as regulated
by this chapter.
PERSON
Any individual, person, partnership, firm, organization,
association or corporation or his or its agents, heirs or assigns.
PILASTER
A projection of masonry or other construction being an integral
part of a wall to provide bearing for concentrated loads or to compensate
for a reduction of wall section by openings or to stiffen a wall against
lateral forces.
PRINCIPAL BUILDING
A single main building or structure on a lot for specific
use or occupancies.
REPAIR
The reconstruction or renewal of any part of an existing
building for the purpose of its maintenance. The word "repair" or
"repairs" shall not apply to any change of construction.
REQUIRED
Mandatory by provisions of this chapter.
ROOM
A space within a building or structure completely enclosed
with walls, partitions, floor and ceiling except for necessary openings
for light, ventilation, ingress and egress.
SQUARE FOOTAGE OF BUILDING
The actual area in square feet enclosed by the exterior perimeter
of the building walls on each separate floor level.
STAIRWAY
Three or more risers shall constitute a stairway.
STORY
The space in a building included between the surface of any
floor and the surface of the next floor above or below or roof next
above.
STRUCTURE
As specifically regulated by this chapter, anything which
is constructed, erected and framed of component parts and which is
fastened, anchored or rests on a permanent foundation or on the ground
for any occupancy or use whatsoever, excluding fencing.
VILLAGE
The Village of Greendale, Wisconsin.
WALLS
Shall be defined as follows:
(1)
BEARING WALLA wall which supports any load in addition to its own weight.
(2)
CAVITY WALLA wall built of masonry units or of plain concrete or a combination of these materials so arranged as to provide an air space within the wall and in which the facing and backing (inner and outer parts) of the wall are tied together with metal ties.
(5)
FACED WALLA wall in which the masonry facing and backing are so bonded as to exert common action under load.
(7)
PANEL WALLA nonbearing wall in skeleton construction built between columns or piers and wholly supported at each story.
(8)
PARTITIONAn interior vertical structure usually of light construction serving to enclose an area, room, space or division, extended from floor to ceiling and having wall surfaces of approved materials as permitted by this chapter.
(10)
VENEERED WALLWall having masonry facing which is attached to the backing but not so bonded as to exert common action under load; also having outer facing for the purpose of providing ornamentation, protection or insulation.
[Amended 3-2-1999 by Ord. No. 764; 2-1-2000 by Ord. No. 769; 12-3-2002 by Ord. No. 795; 2-1-2005 by Ord. No. 813; 5-20-2008 by Ord. No.
840; 1-19-2021 by Ord. No. 927]
Before receiving a building permit, the owner
or his agent shall pay the fee as set by the Village Board in the
fee schedule on file at the office of the Village Clerk. The Village
Board may amend the building permit fees from time to time through
the passage of a resolution. In applying the provisions of this chapter
in respect to new work, existing buildings, alterations and repairs,
the physical value of the work shall be determined by the Director
of Inspection Services on the basis of current costs or as otherwise
provided in the local ordinances. Charges per unit shall include any
fraction thereof.
When applications for unusual technical design
or magnitude of construction are filed, the Director of Inspection
Services may refer such plans and specifications to the Department
of Commerce, Division of Safety and Buildings, for analysis and recommendations
as to the safety of design in compliance with this chapter.