Town of East Troy, WI: Building Code.

§ 15.05.020 State Electrical Code applies.

Authority. This regulation is adopted under the statutory authority granted pursuant to Wis. Stat. §§ 60.12(1)(c), 60.22, 101.65, 101.76 and 101.761.

Purpose. The purpose of this section is to promote the health, safety, and general welfare within the Town of East Troy, to protect property values and to provide for orderly, appropriate development and growth of the Township. Further the adoption of the State Electrical Code herein is meant to safeguard persons and property from hazards arising from the installation and use of electricity.

Force and Effect. This section applies to all lands in the Town of East Troy, Walworth County, Wisconsin. If the provisions of this code conflict with county, state or federal regulations, the most restrictive shall apply.

Adoption of State Code. Chapter SPS 316 of the Wisconsin Administrative Code and all subsequent revisions thereof are hereby adopted in their entirety and incorporated herein by reference and shall be enforced by the Town or its designee.

(2008 code § 14.02(1); Ord. 2011-12 § 1; Ord. 2019-8 § 1)

§ 15.05.050 Conflicts.

If, in the opinion of the Building Inspector, the provisions of the State Electrical Code or the State Plumbing Code, or the State Well Drilling Code, or the State Fire Prevention Code, or the State Building and Heating, Ventilating and Air Conditioning Code, or the State Cleaning and Dyeing Code, or the State Explosives and Blasting Agents Code, or the State Safety Code, or the State Existing Building Code, or the State Spray Coating Code, or the State Liquefied Petroleum Gases Code (all of which have been adopted in this chapter) shall conflict with each other, or with the Southeastern Wisconsin Uniform Building Code (as adopted in ETMC § 15.05.160), in their application to any proposed building or structure, the Inspector shall apply the most stringent provisions in determining whether or not the proposed building meets the requirements of ETMC Title 15.

(2008 code § 14.02(4))

§ 15.05.150 Administrative.

Title. This chapter shall be known as the "Building Code of the Town of East Troy" and will be referred to in this chapter as "this code."

Purpose. In order to promote the public health, safety, morals and general welfare of the citizens of the Town of East Troy, there is provided by this code certain minimum standards, provisions and requirements for the safe and stable design, methods of construction and uses of materials in buildings and structures hereafter erected, constructed, enlarged, altered, repaired, moved, converted to other uses or demolished and to regulate the equipment, maintenance, use and occupancy of all buildings or structures, except as hereinafter provided, and in harmony with the subject to the provisions of the Town zoning ordinance.

Scope. New buildings or structures hereafter erected in the Town of East Troy shall conform to all requirements of this code and all requirements of this code shall apply to any buildings or structures hereinafter erected in the Town of East Troy, and they shall conform to all requirements of this code except that this code shall not apply to farm buildings, other than dwellings, erected or structurally altered on any farm which comprises an area of at least 10 acres. In the event that the land comprising the farms is less than 10 acres, then the provisions of this code shall apply. This code shall apply to all dwellings.

(2008 code § 14.03)

§ 15.05.160 Building Code.

Authority. These regulations are adopted under the statutory authority granted pursuant to Wis. Stat. §§ 101.65, 101.651, 101.76 and 101.761 (and by its adoption of village powers under Wis. Stat. §§ 60.10(2)(c), 60.22(3), 61.34(1)).

Purpose. The purpose of this code is to promote the health, safety and general welfare of our community, to protect property values and provide for orderly, appropriate development and growth of the community.

Scope. This code applies to all dwellings, commercial buildings/structures, swimming pools, garages, structures, buildings, residential accessory buildings and agricultural buildings. Notwithstanding this section, this chapter shall not apply to children's play structures.

Definitions. 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.

"Building"

means 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 also includes garages where vehicles are kept or stored including carports.

"Building Inspector"

means the individual(s) or firm appointed by the Town Board to exercise all of the powers and duties of a building inspector under Wisconsin law.

"Construction"

means any part or portion of the activity of installing, locating, siting, erecting or raising a building.

"Contractor"

means any person, firm or entity which undertakes any activity related to the construction of a building other than the mere provision of supplies and materials.

"Demolition"

means the activity of completely or partially destroying a previously erected or constructed building.

"Electrical"

means 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 an electrician.

"Occupancy"

means 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 resident, detached residential accessory structure, or commercial use shall constitute occupancy.

"Owner"

means the individual, firm or entity which has record title to the real estate on which construction or demolition is taking place.

"Plumbing"

means 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.

"Stop work order"

means 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.

Adoption of Wisconsin Uniform Dwelling Code.

Additions or Alterations to Existing Dwellings.

Structure Not Covered by State Code.

Building Inspector.

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.

The expense of uncovering or exposing the work which may 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.

In the event that Inspector is refused access to any property, whether or not a permit application has been made, then the Inspector is authorized to apply for a special inspection warrant pursuant to Wis. Stat. § 66.0119.

Enforcement Contract.

10.

Building Permit Required.

11.

Issuance of Permit.

The Inspector shall issue the requested permit if the owner or contractor demonstrate that all state, county and local submission requirements are satisfied and the required fees have been paid. 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 from the date of issuance. Permit may be extended for 30, 90 or up to 180 days with the Building Inspector's approval and payment of permit fees.

By accepting a permit, the applicant, owner or contractor grants the Building Inspector the right to access to the property of which the permitted construction or demolition will occur.

Permits are issued 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 constructing the building.

Permits are issued on the condition that the owner and/or contractor(s) sign a reimbursement agreement to pay for any damages caused to the paved portion of the road, or the ditched area of the road right-of-way that fronts the property upon which the construction is to be done. If, during the course of construction, road damage has occurred, the owner and/or contractor(s) shall repair the road damage pursuant to the reimbursement agreement or the building permit shall be revoked. Said liability attaches only if the damage to the Town road or right-of-way was caused by the construction traffic or construction equipment and vehicles at the property having had construction improvements done. A copy of the Town of East Troy Reimbursement Agreement is attached herein.

TOWN OF EAST TROY

NOTICE OF PAVED ROAD AND RIGHT OF WAY DAMAGE PROCEDURE

Prior to the issuance of Permit #

Address #

An inspection had been done to assure the condition of the Road R.O.W. ditch area, as well as the paved portion of the roadway that fronts the address listed above. Pictures have also been taken to verify the road conditions and the route over Town roads to access the construction project location.

In the event the paved portion of the Road or the ditched area of the R.O.W. has been damaged due to the construction of said permit, then prior to an occupancy permit being issued builder/owner agrees to bring the roadway or Road R.O.W. ditch area back into compliance with current Town Roadway standards, as agreed upon by the Town D.P.W. Superintendent. No road bond paid below shall be refunded to whomever posted it for the purpose of repairing damage to Town roads or a Town road right-of-way to meet Town road specifications. A posted road bond may be used in its entirety by the Town of East Troy if the Town of East Troy is required to repair the damage caused.

The repair will be paid for solely by the builder/owner or other parties associated with the permit listed above that have damaged said roadway or Road R.O.W. ditch area.

REIMBURSEMENT AGREEMENT

I hereby accept responsibility for any damage caused by the vehicle(s) or equipment owned or operated by me, my agents or employees (INCLUDING SUB-CONTRACTORS) to the Town of East Troy roadways and Road R.O.W. ditch area(s) while the vehicles or equipment are being operated on roadways and Road R.O.W. ditch area(s) pursuant to Town ordinance. A road bond for new construction paid pursuant to Town Code 15.05.160(11)e. in the amount of Three Thousand One Hundred Fifty Dollars ($3,150.00) has been paid to the Town Building Inspector and/or D.P.W. Superintendent. Said amount has been or will be turned over to the Town Clerk-Treasurer for processing. One Hundred Fifty Dollars of the road bond is a non-refundable amount to cover administrative fees. The Building Inspector has discretion on whether to impose a road bond on smaller projects or remodels, but all applicants will be bound by the requirement to pay for road or right of way damage.

I further agree to abide by the directions of Town officers, staff and employees regarding the route to be used and other directions prior to construction. Additional terms of this agreement are as follows:

1. Permission to use Town roads pursuant to this agreement may be suspended or revoked by any Town representative.

2. I further agree to reimburse the Town of East Troy for any damage done to the roadway during construction by the operation of the vehicles or equipment by those persons or entities specified above pursuant to this agreement. The nature, amount of damage, and cost of repair or replacement shall be determined by the Town subject to a final determination by the Town Board.

Accepted by:

Address #

Title:

Date: ____________________ Date Road Bond received: ___________________

Name of Person who posted Road Bond:

Name of Person who received Road Bond:

(Form Date: 2025) Town Building Inspector – Vince Budiac

Road Bond Required. Upon receipt of a new residential single-family, multifamily, commercial, or industrial building permit application or applicable construction project permit, if the new construction or project location is fronting a Town road, or Town roads will be utilized to access a construction location, a road bond in the amount of $3,150 shall be collected by the Building Inspector and/or the D.P.W. Superintendent and turned over to the Town Clerk-Treasurer. Said road bond shall be deposited into a temporary segregated account that may be drawn upon, added to monetarily, or reimbursed in full or in part.

The purpose of a road bond is to ensure the vitality of Town of East Troy roads and applies only to Town roads. The road bond will be utilized as an escrow-type account with any excess funds being refunded back to the person who posted the road bond upon completion of new construction. The costs associated with the road bond are to cover any damage that may or may not occur during the construction process. The road bond shall also be utilized to pay for damage that has occurred to a Town road right-of-way during construction. The Town of East Troy shall use its discretion to determine whether to draw from the road bond or refund it in whole or in part. If more damage is done to the road or road right-of-way than held in the road bond, additional funds may be necessary to cover the cost of repair.

Upon written notification that a construction project has been completed, the Town Building Inspector and D.P.W. Superintendent, and/or his or her designee, shall inspect the Town road abutting the construction project, the Town road right-of-way, and all Town roads utilized to access the construction location to ensure that no damage is present that can be attributed to the property owner and/or contractor(s) or subcontractors. The Town Building Inspector and D.P.W. Superintendent will submit approval to the Town Clerk-Treasurer to release the road bond funds if no damage has occurred. The Building Inspector or D.P.W. Superintendent may also partially refund the road bond or request additional monies be collected due to damage that has occurred above and beyond the $3,150 deposit. One hundred fifty dollars of the road bond is a nonrefundable administrative fee that is not subject to be refunded.

In the instance where the original road bond payor is not available or cannot be found (deceased, bankrupt, or other unknown reasons) and all reasonable efforts have been made to refund the road bond, the funds will be treated as unclaimed monies under the Uniform Unclaimed Property Act. Pursuant to Wis. Stat. Ch. 177, unclaimed intangible personal property that remains unclaimed by the owner for more than one year after it became payable or distributed is presumed to be abandoned and will be paid to the State Treasurer.

There may be times when the original road bond payor does not request release of the road bond. Once a year the Town Clerk-Treasurer and Building Inspector shall review all road bonds and refund those bonds where the work has been satisfactorily completed without harm to Town roads or to Town road right(s)-of-way.

12.

Building Permit Fee. The building permit fee shall be as set forth in the Town of East Troy Fee Schedule. Double fees shall be charged if work is started before the permit is issued.

2025 WISCONSIN BUILDING INSPECTIONS TOWN OF EAST TROY PERMIT FEES
Residential:
New Dwelling	$0.38/sq. ft. (all areas/foundation) $260.00 plan review $1,200 min.
Remodel/Additions	$10.00 per 1,000 sq. ft. (min. $350.00) ($120.00 plan review)
Acc. Buildings	$0.30/sq. ft. (plan review $75.00) Additions $10.00 per 1,000 sq. ft.
Agricultural Building	$0.15/sq. ft. new Additions $8.00 per 1,000 sq. ft.
Sheds	Up to 200 sq. ft. $50.00
I.G. Pool/Spas	$10.00 per 1,000 sq. ft. (plan review $50.00)
A.G. Pool	$85.00 (plan review $50.00)
Decks	$10.00 per 1,000 sq. ft. (plan review $50.00)
Fences	$100.00
Raze Permit	$75.00 plus $0.10/sq. ft. (max. $750.00)
State Seal	$60.00 reimbursed to Town
Early Start Footing/Foundation	$300.00
Sign Permit	$10.00 per 1,000 sq. ft. (min. $50.00)
Min. Permit Fee	$100.00
Reinspection Fee	$100.00
Special Inspections	$75.00
Change of Use	$200.00
Occupancy Permit	$75.00
Commercial:
New Building	$0.38/sq. ft. (all areas/foundation) $300.00 plan review
Apartments	$0.38/sq. ft. (all areas/foundation) $300.00 plan review
Add/Remodel	$10.00 per 1,000 sq. ft. ($300.00 plan review)
Early Start Footing/Foundation	$500.00
Min. Comm. Permit	$500.00
Change Use	$200.00
Occupancy	$75.00 per unit
Cell Towers, Pools	$10.00 per 1,000 sq. ft.
Raze Fee	$100.00 plus $0.12/sq. ft.
Reinspection Fee	$100.00
Comm. Hood/Exhaust	$200.00 per unit min.; $10.50 per 1,000 sq. ft.
Comm. Roofing	$10.50 per 1,000 sq. ft.
Mechanicals (Residential and Commercial)
Electrical	$0.07/sq. ft. plus $65.00 base fee (new construction)
	$0.07/sq. ft. plus $65.00 base fee (add./remodeling)
	Modification per permit app.: $65.00 min.
Plumbing	$0.07/sq. ft. plus $65.00 base fee (new construction)
	$0.07/sq. ft. plus $65.00 base fee (add./remodeling)
	$100.00 min. service
	Modification per permit app.: $65.00 min.
HVAC	$0.07/sq. ft. plus $65.00 base fee (new construction)
	$0.07/sq. ft. plus $65.00 base fee (add./remodeling)
	Modification per permit app.: $65.00 min.
Sprinkler	$0.07/sq. ft. plus $65.00 base fee (new construction)
	$0.07/sq. ft. plus $65.00 base fee (add./remodeling)
	Modification per permit app.: $65.00 min.
Last Permit Fee Increase 6-1-2013

13.

Completion Deposit Required.

Occupancy Permit. 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 does 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. No occupancy permit shall be issued unless all damages to the Town roads or the ditched areas of the road right-of-way have been repaired to the same condition it was in prior to the commencement of construction at the permit location. Said restriction on the issuance of an occupancy permit is in accordance with the terms of the reimbursement agreement the owner and/or contractor(s) signed under subsection (11)(d) of this section.

Delayed Construction. If the Building Inspector, after investigation, finds that the building or project has stood idle without any structural improvement for more than four months in duration, and finds the current unfinished state to pose a risk to children or other persons in the Township, he/she may report these findings to the Town Board. If the Town Board believes the unfinished condition creates a hazard, the Board shall recommend that the building be boarded up or otherwise secured, so as to alleviate the harm. Notice provision: See abatement procedure in Chapter 8.05 ETMC.

Unsafe Building. 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, and so that it would be unreasonable to repair the same, the inspector shall order the owner to raze and 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 Wis. Stat. §§ 66.0413 and 66.0427.

14.

Severability.

15.

Conflict.

16.

Liability for Damages.

17.

Violations and Penalties.

Prohibition. No person, entity or firm may construct, remodel, demolish, repair or move any building in a manner which violates any provision or provisions of this chapter.

Every person, firm or entity which violates this code shall, upon conviction, forfeit not less than $25.00 nor more than $1,000 for each day of noncompliance, together with costs and assessments imposed by the state and court.

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 and safety issues shall be corrected in a reasonable time frame established by the Building Inspector.

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 that may be enjoined in a civil action.

Stop Work Order. The Building Inspector may issue a stop work order for a project to prevent further noncomplying work or until such time as documented and photographed damage to the paved portion of the Town road or the ditched area of the Town road right-of-way that fronts the property upon which construction is being done, or to Town roads utilized to access the construction location is repaired to Town specifications or the cost of the repair is paid to the Town for the Town to repair itself. Any road bond posted shall not be refunded to pay for said damage and will only be refunded to whomever posted the road bond after the damage has already been repaired. The Town may use any and all road bond funds if the Town is required to repair the damage itself. 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 Town Board. The Town Board shall hear the appeal within seven days. The Town 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 the state building codes.

18.

Signs and Billboards.

Purpose. The Town Board has authority to regulate matters with the purpose of promoting public health, safety and welfare. The general purpose of this section is to promote the public health, safety and welfare of Town residents. More specifically, this section is intended to promote traffic safety, community aesthetics, blight prevention, economic development, design creativity, prevention of clutter, protection of property values, encouragement of free speech, and for the protection of scenic views.

Regulation. No sign or billboard in the Town of East Troy shall be constructed or maintained so as to create a public nuisance. A sign or billboard will be considered a public nuisance if it obstructs or interferes in any way with the visibility of any traffic sign, road sign, signal or device located in the Town or East Troy. Billboards along federal highways, including all interstates or federal-aid highways, are regulated by state and federal laws, including the Federal Highway Beautification Act (23 CFR 750), Wis. Stat. § 84.30, and Wisconsin Administrative Code Section Trans 201. The Town of East Troy by virtue of this section is not seeking to regulate federal-aid highway billboards, but the regulations herein do apply to all other billboards within the Township.

Prohibited Signs and Billboards. The following signs and billboards shall be prohibited:

Signs or billboards that are attached to trees or natural objects except "no trespassing" signs.

ii.

Signs or billboards painted or placed directly on temporarily parked vehicles, trailers, or on buildings.

iii.

Signs or billboards that move, swing or are designed, constructed and maintained to be animated.

iv.

Flashing, strobe, blinking or neon signs or billboards.

To protect the traveling public, no signs or billboards may be placed in the public right-of-way.

vi.

Unless specifically permitted by resolution, no signs or billboards shall exceed 48 square feet in total display area or 12 feet in total height measured from the lowest point of the ground off of which the sign is erected. Notwithstanding the above, in the event that Wis. Stat. § 12.04 would permit a political sign that is greater than a size limitation described in this section, or allows placement of a political sign in a location that is prohibited in this section, such sign is allowed only for the time period described in that statute.

vii.

Signs and billboards shall not be placed on or signage painted, printed or otherwise affixed to any roof or area of a building on or above the lowest point of the roof line.

viii.

No signage, billboard or other exterior painting or depiction of a nude or partially clad male or female, as defined in the cabaret and adult-oriented establishment sections of this Town Code shall be permitted. Signage showing or depicting the display of such prohibited body parts shall be prohibited.

Exceptions. The Town Board may grant exceptions to the size limitations of this section if the applicant can demonstrate that a larger sign is necessary. In those circumstances, the Town Board may permit a larger sign which may be conditioned upon additional restrictions the Town Board may place in regard to the sign's height, location, design and aesthetic appearance.

New and Redesigned Signs and Billboards. Any new sign that is proposed or any existing sign that is redesigned, repainted or changed in any way that is illuminated or lighted shall be subject to an illuminated sign permit first reviewed by the Plan Commission and the Town Police Department. Said review by both entities shall be done within 30 days of receipt of the application. The recommendations of each shall be forwarded to the Clerk for inclusion on the agenda of the next regular Town Board meeting.

Excluded Signs and Billboards. All government signs, including traffic signs, are specifically excluded from regulation under this section. Government signs are signs that are constructed, placed or maintained by the federal, state or local government or a sign that is required to be constructed, placed or maintained by the federal, state or local government either directly or to enforce a property owner's rights.

Review Procedure. Should any applicant believe that the determination of the Town Clerk in prohibiting a proposed sign or billboard does not violate this section, the applicant may appeal to the Town Board for an evidentiary hearing, by submitting a written request for review of the Clerk's decision to the Town Board if said request is served upon the Town Clerk within 30 days after a permit is denied by the Clerk.

(2008 code § 14.04; Ord. 2011-12 §§ 12, 13; Ord. 2013-6 § 1; Ord. 2016-5 § 1; Ord. 2016-7 § 1; Ord. 2025-1 §§ 1 – 4)