A private garage attached directly to the principal building or attached by means of an enclosed or open breezeway, porch, terrace or vestibule or a private garage so constructed as to form an integral, proximate and accessory part of the principal building.

BUILDING

Any building or structure and any enlargement, alteration, heating or ventilating installation, moving or demolishing or anything affecting the fire hazards or safety of any building or structure.

DEPARTMENT

The Department of Commerce.

DETACHED PRIVATE GARAGE

A private garage entirely separated from the principal building.

MANUFACTURED HOME

A structure or structures certified and labeled as a manufactured home under 42 U.S.C. § 5401 to 5406, built since June 15, 1976, that bears a seal indicating that it has met the manufactured home construction and safety standards of the United States Department of Housing and Urban Development (HUD Standards), is used as a permanent dwelling and meets the criteria established in § 88-10, one and two- family dwellings and manufactured homes, of this chapter.

MINOR REPAIR

Repair performed for maintenance or replacement purposes on any existing building which does 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 does not increase a given occupancy and use. Roof replacement or repair and any siding on existing structures shall also be a minor repair. No building permit is required for work to be performed which is deemed a minor repair.

MINOR STRUCTURE

A detached structure having no more than 192 square feet of floor area. All such structures are subject to the quantity and setback regulations as set forth in Chapter 260 of the City of Rice Lake Code.

ONE- OR TWO-FAMILY DWELLING

A building structure which contains one or separate households intended to be used as a home, residence or sleeping place by an individual or by two or more individuals maintaining a common household, to the exclusion of all others. Such structures shall meet the applicable standards of § 88-10, one and two- family dwellings, and manufactured homes.

PERSON

An individual, partnership, firm or corporation.

TEMPORARY STRUCTURE

A building or structure intended for removal or demolition within a prescribed time not to exceed 180 days or as determined by the Building Inspector in issuance of a building permit.

UNIFORM DWELLING CODE

Those Administrative Code provisions, and any future amendments, revisions or modifications thereto, contained in the following chapters of the Wisconsin Administrative Code:

Chapter Comm 20, Administration and enforcement.

Chapter Comm 21, Construction standards.

Chapter Comm 22, Energy conservation.

Chapter Comm 23, Heating, ventilating and air conditioning.

Chapter Comm 24, Electrical standards.

Chapter Comm 25, Plumbing.

§ 88-2 Inspection Department.

Certification. The Inspection Department shall be certified for inspection purposes by the Department under Chapter Comm 5, Wisconsin Administrative Code.

Subordinates. The Inspection Department may appoint, as necessary, subordinates, which appointment shall be subject to confirmation by the Common Council.

Duties. The Inspection Department shall administer and enforce all provisions of this chapter and all other ordinances, rules, laws and orders of the state which relate to building construction, including heating, ventilation, air conditioning, plumbing and electrical installations.

Powers. The Inspection Department or an authorized certified agent may at all reasonable hours enter upon any public or private premises for inspection purposes and 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 Inspection Department or its agent while in the performance of their duties.

Records. The Inspection Department shall perform all administrative tasks required by the Department under the Uniform Dwelling Code. In addition, the Inspection Department shall keep a record of all applications for building permits and shall regularly number each permit in the order of its issue. Also, a record showing the number, description and size of all buildings erected and the cost of each building and aggregate cost of permits issued shall be kept.

§ 88-3 Permits required; application procedure.

Building permit required. No building or any part thereof shall hereafter be erected or ground broken for the same within the city, except as hereinafter provided, until a permit therefor shall first have been obtained by the owner or his authorized agent from the Inspection Department. A single building permit may incorporate the application, review, approval and inspection for the pertinent structural, electrical, plumbing and heating elements involved in the application.

(1)

Electrical.

(a)

Existing buildings. All electrical work consisting of the installation or alteration of six or more fixtures or appliances shall require that a building permit be obtained from the Inspection Department. Minor electrical work consisting of the installation or alteration of fewer than six fixtures or appliances does not require a building permit. However, all work must comply with the State Electrical Code and National Electric Code.

(b)

New buildings. No electric wiring or other equipment shall be installed or altered without first securing a building permit therefor from the Inspection Department.

(c)

Wiring affidavit required. The application for a building permit involving electrical service shall be accompanied by an affidavit furnished by the Rice Lake Utilities stating clearly the work planned, alterations to be made in equipment and materials to be used, and shall be filed with the Rice Lake Utilities.

(2)

Plumbing. No plumbing or drainage of any kind shall be installed or altered, except that leakage or stoppage repairs may be made, without first securing a building permit therefore from the Inspection Department.

Application. Application for a building permit shall be made in writing upon a form furnished by the Inspection Department and shall state the name and address of the owner of the land and also of the owner of the building, if different, the legal description of the land upon which the building is to be located and the name and address of the designer and shall contain such other information as the Inspection Department may require.

Plans.

(1)

For all construction pertaining to one-and two-family dwellings, two complete sets of plans and specifications, including a site plan showing the location of the proposed building with respect to adjoining streets, alleys, lot lines and buildings, shall be submitted with an application for a building permit. The property owner shall be responsible for locating lot corner monuments, if deemed necessary by the Building Inspector, and their replacement or restoration when disturbed. One set shall be returned after approval as herein provided, and the other set shall remain on file in the office of the Inspection Department.

(2)

For buildings required to comply with the State Commercial Codes, a single set of original plans, bearing a stamp of approval from the State Department of Commerce and the signature of the engineer or architect, shall be submitted as a condition of the building permit.

Waiver of plans. If the Inspection Department finds that the character of the work is sufficiently described in the application, it may waive the filing of plans for alterations, repair or moving.

Approval of plans. If the Inspection Department determines that the proposed building will comply in every respect with all ordinances of the city and all applicable laws and orders of the state, it shall officially approve and stamp one set of the plans and return it to the owner and shall issue a building permit therefor which shall be kept and displayed at the site of the proposed building. All significant deviations from such plan must be submitted to and approved by the Inspection Department. In case adequate plans are presented for part of the building only, the Inspection Department may, at its discretion, issue a permit for a part of the building before receiving the plans and specifications for the entire building.

Exempt work. A building permit is not required for the following work:

(1)

Minor repairs. The Inspection Department may authorize minor repairs or alterations which do not change the occupancy, area, structural strength, fire protection, exits, light or ventilation of the building.

(2)

Minor structures. All such structures are subject to the quantity and setback regulations as set forth in Chapter 260 of the City of Rice Lake Code.

(3)

Landscape retaining walls that do not affect the structural integrity of a building.

(4)

Platforms, patios, and walks set on or within eight inches of finished grade.

(5)

Minor electrical work as set forth in § 88-3A(1)(a) of the City of Rice Lake Code.

Demolition permit.

(1)

Any water, sewer or electric utility must be terminated pursuant to standard policies of the Rice Lake Utilities by authorized persons who shall obtain the permit for their area of expertise.

(2)

All commercial buildings shall require on-site assessment for the detection of asbestos. Any friable asbestos found in any building shall be disposed of according to state and federal regulations.

(3)

As part of the demolition project, all building components and materials associated with the building shall be removed from the site in an approved manner. Requests for portions of the building foundation to remain on site will be considered by the Inspection Department on a case-by-case basis.

(4)

An inspection must be completed by the Inspection Department prior to backfilling of open excavations.

Moving permit.

(1)

Required. No building shall be moved in the city limits without the person desiring to move such building having first obtained a moving permit from the Inspection Department. A street use permit may also be required pursuant to § 218-4 of the City of Rice Lake Code.

(2)

Exempt. A structure that is loaded to meet Wisconsin Department of Transportation requirements and will not cause local road damage may be moved without a moving permit. If a structure is of sufficient size to cause a traffic problem, a permit will be required.

(3)

Review and approval of application. The owner or mover shall submit, a minimum of five (5) business days prior to the proposed date of the move, an application and all required documentation including a map of the proposed route, to the Inspection Department. The Inspection Department will coordinate with the Clerk-Treasurer Office the notice and review of the streets, Fire and Police departments, and with Rice Lake Utilities within five days of receipt of a complete application. If a street use permit is also required the Inspection Department will coordinate departmental and utility review with the City Clerk-Treasurer Office. After receipt, review and approval of all required documentation and the appropriate fees and/or deposits, the Inspection Department may issue the permit.

(4)

Foundation permit. Any building being moved to a location within the city limits shall be required to obtain a foundation permit for the destination prior to being issued a moving permit.

(5)

Mover's responsibility. Applicants shall be responsible for all expenses associated with moving a building including, but not limited to, public safety, utility relocation, street repair and any damages to public property and shall, as part of the application process, hold and save the city harmless for all damages or injuries that may result from moving a building.

Permit lapses. All permits shall lapse and be void unless operations under the permit are commenced within six months from the date of issuance thereof

Abandoned projects. A project shall be declared abandoned and the permit void if work is stopped after commencement of construction and work is not continued within one year.

Permit expiration. All permits shall expire two years from the date of issuance.

Refund of permit fees. The fees for lapsed permits, abandoned projects, and expired permits shall not be refunded unless approved by Common Council.

Meaningful work. Subject to review by the Common Council, the Inspection Department may consider any building permit or construction project lapsed or abandoned if, in its opinion, there is no meaningful work being accomplished during the above time periods. First floor subflooring shall be completed within 60 days after the basement is excavated. The intent of this section is to prevent meaningless work, such as driving a few nails, hanging a sheet of plywood, laying a few blocks or other such insignificant work, from prolonging an abandoned project when for all intents and purposes it has been abandoned.

Permit renewal. Renewal of a permit for an abandoned project shall require submittal of current fees and such updated plans, state approvals, conditional use permits and verification of structural integrity as deemed necessary by the Inspection Department.

§ 88-4 Fees.

At the time an application for a building, demolition or moving permit is filed, the applicant shall pay the fees as set forth in the fee schedule adopted as part of the annual budget document.

If any work requiring a building permit is commenced without a permit first having been obtained therefor, double the permit fee prescribed shall be paid when a permit is finally obtained. Payment of any fee mentioned in this chapter, however, shall not relieve any person of the penalties that may be imposed for violation of this chapter.

§ 88-5 Inspections required.

The contractor or owner shall notify the Inspection Department when ready, and the Inspection Department shall perform inspections of footings; foundations; drain tiles; erosion control; rough inspections for general construction (framing), electrical, plumbing, HVAC; insulation; and final occupancy inspection.

(1)

Electrical inspections.

(a)

Residential inspections. Prior to electrical service equipment, both temporary and permanent, being energized by the Rice Lake Utilities and after roughing in the wiring of any residential building or before any work is covered up, the electrical contractor shall notify the Inspection Department so that an inspection may be made.

(b)

Commercial electrical inspections. The inspection of commercial electrical wiring projects shall not be made by the Rice Lake Inspection Department. It shall be the responsibility of the electrical contractor to certify on a notarized form provided by Rice Lake Utilities that all work done complies with State and National Electric Codes.

(2)

Plumbing inspections. Upon completion of the plumbing work on any premises the person doing such work shall notify the Inspection Department before such work is covered up so that an inspection may be made. No person shall use or permit to be used any plumbing or drainage until it has been inspected and approved by the Inspection Department.

The contractor and owner shall be notified of any noted violations. The Inspection Department shall perform the requested inspection(s) within two business days after notification, except the final inspection for purposes of occupancy, which shall be performed within five business days after notification.

All inspections shall he performed prior to concealment of each phase of construction.

(1)

Exception. Construction may proceed if the inspection has not taken place within two business days of notification, except if otherwise agreed between the applicant and the Inspection Department.

Final Inspection.

(1)

New construction. No occupancy shall be allowed prior to the completion of the final inspection.

(2)

Additions and alterations. No occupancy and/or use of the area affected by the building permit shall be allowed prior to the completion of the final inspection.

§ 88-6 Electrical work.

All electrical work, including installation and alteration of wires and equipment, shall conform to the provisions of the current National Electrical Code and to the State Electrical Code, Wisconsin Administrative Code Chapter Comm 16, and all amendments thereto, which are all made a part of this section by reference. Copies of both the National and State Electrical Codes shall be kept on file in the office of the Inspection Department.

Licensing of electrical contractors.

(1)

City electrician license required. Any electrical work done within the City of Rice Lake shall be done by and only by contractors who have obtained the proper license from the City of Rice Lake, except a property owner may make repairs or replacement installations that do not significantly change the load characteristics in a single-family building owned and occupied as their primary residence, provided that a permit is issued and the work is done in compliance with the provisions of this section.

(2)

Anyone desiring to become licensed by the city to perform electrical contracting (electrical wiring or installation of electrical equipment) must:

(a)

Obtain a master electrician certification from the State of Wisconsin.

(b)

Anyone holding a restricted electrical contractor certification and wishing to renew their City electrical license after June 1, 2005, must submit proof of attendance at state-approved continuing education courses. The credit hours required shall be equal to that of a state-certified master electrician.

(c)

File with the City Clerk-Treasurer a certificate of insurance indicating that the applicant holds a public liability insurance policy, including completed operations, products liability and contractual liability, specifically, to hold the city harmless with bodily injury limits of at least $500,000 per occurrence and $500,000 aggregate and property damage insurance of at least $250,000 per occurrence and $250,000 aggregate. Such insurance shall not be canceled or reduced without the insurer first giving 30 days' written notice to the City Clerk-Treasurer of such cancellation or reduction.

(d)

Apply for the electrical license through the City Clerk-Treasurer's office.

(3)

Anyone installing any type of electrical wiring or equipment, as defined in Chapter Comm 16, Wisconsin Administrative Code, within the City of Rice Lake must be licensed by the city or be under the direct supervision of a licensed person. The consequences of improper wiring or installation of electrical equipment performed by any person employed by the licensee shall be the full and direct responsibility of the license holder.

(4)

A City electrician's license may be revoked for cause by the Common Council of the City of Rice Lake upon recommendation of the Inspection Department or the Rice Lake Utilities.

§ 88-7 Plumbing work.

Adoption of state code. The construction, reconstruction, installation and alteration of all plumbing, drainage and plumbing ventilation shall conform to Chapters Comm 81 through 87, Wisconsin Administrative Code, and Chapter 145, Wisconsin Statutes, which is hereby made by reference a part of this section. A copy of such code shall be kept on file in the office of the Inspection Department.

Licensed plumber required. All plumbing work shall be done only by a plumber licensed by the State Department of Commerce, except that a property owner may make repairs or installations in a single -family building owned and occupied as their primary residence, provided that a permit is issued and the work is done in compliance with the provisions of this section.

§ 88-8 Adoption of state codes.

Section 14-20 of the City of Rice Lake Code shall apply.

§ 88-9 Unsafe buildings.

Whenever the Inspection Department finds any building or part thereof within the city to be dilapidated or out of repair so as to be dangerous, unsafe, unsanitary or otherwise unfit for human occupancy or use and so that it would be unreasonable to repair the same, it shall order the owner, after consulting with the Common Council, to raze and remove such building or part thereof or, if it can be made safe by repairs, to repair it and make it safe and sanitary or to raze and remove it at the owner's option. Such order and proceedings shall be as provided in § 66.0413, Wisconsin Statutes. Where the public safety requires immediate action, the Inspection Department shall enter upon the premises with such assistance as may be necessary and cause the building or structure to be made safe or to be removed, and the expenses of such work may be recovered by the city in an action against the owner or tenant.

§ 88-10 One- and two-family dwellings and manufactured homes.

Purpose. The purpose of these provisions is to establish standards governing the appearance and location of one- and two-family dwellings. These regulations are intended to allow a mixture of housing types in a manner which will not adversely affect existing neighborhoods. For this reason, standards have been established which regulate the appearance of manufactured homes, allowing in residential zoning districts only those that are acceptably similar in appearance to site-built, stick-built dwellings on individual lots.

Standards. Manufactured homes shall be considered one-family dwellings for the purpose of this section, provided that such structures:

(1)

Consist of more than one section, with a combined width of at least 24 feet, having a minimum floor area of 900 square feet.

(2)

Have a nonmetallic, wood shake, asphalt or fiberglass shingle roof with a minimum slope of 3 to 12.

(3)

Have a minimum eight-inch cave attached to at least 50% of the perimeter of the roof.

(4)

Have exterior wall coverings consisting of any of the following materials or combinations thereof:

(a)

Horizontal aluminum, steel or vinyl siding;

(b)

Wood or simulated wood; or

(c)

Brick or stone.

(5)

Have a permanent foundation meeting the requirements of the State Uniform Dwelling Code and approved by the Building Inspector, which surrounds the entire perimeter of the structure and completely encloses the space between the siding and finished grade.

(6)

Are permanently affixed to the foundation with the running gear and towing hitch removed, and have an anchoring system that is totally concealed under the structure.

(7)

Are constructed and installed pursuant to a building permit and subject to all required inspections to ensure that the foundation and all on-site work is constructed to minimum standards and that the manufactured home is assembled on-site to assure that it is in compliance with standards regulating the anchoring of the structure to its foundation and other building requirements. Permit fees shall be provided in § 88-4 of the City Code. All manufactured homes shall comply with all erosion control requirements of the State Uniform Dwelling Code.

(8)

Comply with all other applicable requirements of the zoning district in which the manufactured home is located, such as, but not limited to, lot size and setback requirements.

Accessory structures. An attached accessory structure, as permitted in the zoning district in which the manufactured home is to be located, shall be similar in material and design as that of the manufactured home. Accessory structures, additions and all on-site improvements shall meet Zoning Code[1] and State Uniform Dwelling Code standards.

[1]

Editor's Note: See Ch. 260, Zoning.

Administration. Applications for approval of manufactured homes on individual lots in residential districts shall be submitted to the Inspection Department on a standard prescribed form. Such applications shall include all information necessary to determine the manufactured home's conformity with the standards of this section. The applicant shall sign the application, pay all necessary fees, provide all information necessary to verify that the manufactured home meets the standards for manufactured homes and be issued a building permit prior to moving the structure to the building site. The Inspection Department, following issuance of a building permit, and upon inspection of the site for the attachment of the structure to a foundation, shall verify that all standards for manufactured homes have been met, as certified in the signed application form.

§ 88-11 Garages and other accessory buildings.

Location and size of detached garages and accessory buildings shall be governed by the appropriate zoning codes.[1]

[1]

Editor's Note: See Ch. 260, Zoning.

Foundations and footings. Detached private garages shall be built with a minimum of a continuous floating slab of reinforced concrete not less than four inches in thickness. Reinforcement shall be a minimum of six-inch by six-inch No. 10 by 10 wire mesh. The slab shall be provided with a thickened edge all around, eight inches wide and eight inches below top of slab. Exterior wall curbs shall be provided not less than four inches above the top of the slab. Bolts 3/8 inches in diameter with nuts and washers attached, six inches long, shall be embedded three inches in the concrete curb of detached garages eight feet on centers.

Floor surface. The floor in all private garages shall be of concrete construction. The floor shall slope toward the main exterior garage opening or toward an interior drain. No other openings or pits in the floor shall be permitted.

Construction. All construction other than the foundation shall be in accordance with Chapter Comm 21, Wisconsin Administrative Code, the State Uniform Dwelling Code.

Applicability of section to other accessory buildings. The above regulations as to construction and materials to be used in garages shall also be applied to accessory buildings of any kind or description.

§ 88-12 New methods and materials.

All materials, methods of construction and devices designed for use in buildings or structures covered by this chapter and not specifically mentioned in or permitted by this chapter shall not be so used until approved, in writing, by the State Department of Commerce for use in buildings or structures covered by the Wisconsin State Building Codes, except sanitary appliances, which shall be approved in accordance with the State Plumbing Code.

Such materials, methods of construction and devices, when approved, must be installed or used in strict compliance with the manufacturer's specifications and any rules or conditions of use established by the State Department of Commerce. The data, tests and other evidence necessary to prove the merits of such material, method of construction or device shall be determined by the State Department of Commerce.

§ 88-13 Disclaimer on inspections.

The purpose of the inspections under this chapter is to improve the quality of construction in the city. The inspections and the reports and findings issued after the inspections are not intended as, nor are they to be construed as, a guaranty. The inspection does not involve a detailed examination of the mechanical systems or the closed structural and nonstructural elements of the building and premises. No warranty of the operation, use or durability of equipment and material not specifically cited herein is expressed or implied.

§ 88-14 Violations and penalties.

Penalties.

(1)

Any building or structure hereafter erected, enlarged, altered or repaired, or any use hereafter established, in violation of the provisions of this chapter shall be deemed an unlawful building, structure or use. The Inspection Department shall promptly report all such violations to the City Attorney, who may bring an action to enjoin the erection, enlargement, alteration, repair or moving of such building or structure or the establishment of such use or to cause such building, structure or use to be removed.

(2)

Violations of this chapter may also be subject to a penalty as provided in Chapter 1, General Provisions, § 1-20, of this Code. In any such action, the fact that a permit was issued shall not constitute a defense, nor shall any error, oversight or dereliction of duty on the part of the Inspection Department constitute a defense. Compliance with the provisions of this chapter may also be enforced by injunctional order at the suit of the owner or owners of any real estate within the jurisdiction of this chapter.

Violations.

(1)

The Inspection Department may issue a municipal citation for failure to obtain a permit. The Inspection Department may impose maximum penalties under Chapter 1, General Provisions, § 1-20, of this Code for continuous violations or continued failure to obtain proper permits.

(2)

If any work requiring a permit is commenced without a permit first having been obtained therefor, double the permit fee prescribed shall be paid when a permit is finally obtained. Payment of any fee mentioned in this chapter, however, shall not relieve any person of the penalties that may be imposed for violation of this chapter.

(3)

If an inspection reveals that construction has been commenced without a building permit, the Inspection Department or the authorized deputy may post stop-work orders at the construction site and shall give a written notice to the owner or his authorized agent of the purpose of the stop order and allow 15 days to comply without penalty.

(4)

If an inspection reveals a noncompliance with any adopted building code, the Inspection Department may issue a stop order if deemed necessary and notify the applicant or owner, in writing, of the violations to be corrected, and said violations shall be corrected within 15 days and reinspected prior to construction proceeding to the next phase.

(5)

Such stop orders as provided in Subsection B(3) and (4) above shall not be removed until a written notice to remove is given by the Inspection Department after satisfactory evidence has been supplied that the site violation has been corrected.

(6)

Each day that a violation continues after a stop-work order has been issued shall be a separate offense. In cases where written notices are given without a stop order, each day that such violation continues after the fifteen-day written notice has expired shall constitute separate offenses. Nothing in this subsection shall preclude the city from maintaining appropriate action to prevent or remove any violation of this chapter or any adopted building code.