These provisions shall apply to all building, plumbing, electrical
and HVAC activaties in the Village of Waterford, and shall be known
as the "Building, Plumbing, Electrical and Mechanical Code of the
Village of Waterford." This chapter may also be referred to collectively
as the Village "Building Code," and the provisions of this code may
be referred to by the individual codes adopted herein. Every person
who is under the jurisdiction of this chapter and who furnishes or
performs building, plumbing, electrical or HVAC services, or who owns,
sells, leases or lets for hire, uses, designs, installs, repairs,
operates, maintains or grants possession of any equipment, materials,
or apparatus relating to said services in the Village shall comply
with the provisions of this chapter.
These regulations are adopted under the statutory authority
granted pursuant to Wis. Stats. Chs. 101 and 145, including, but not
limited to, Wis. Stats. §§ 101.12, 101.65, 101.76,
101.86, 101.975 and 145.04.
The purpose of these regulations is to promote the health, safety,
and general welfare of our community, and to protect property values
and provide for orderly, appropriate development and growth of the
community by the enforcement of the adopted Codes.
A.
These
regulations prescribe reasonable minimum standards, rather than specifications
for building and mechanical installations and equipment generally.
The provisions and requirements set forth in these regulations are
intended to require safe and stable construction, installation and
maintenance of the various mechanical systems; and compliance with
these standards, provisions and requirements is intended to result
in buildings, structures, and mechanical installations reasonably
free from hazards.
B.
Specifications
are not complete when they merely require compliance with these regulations,
because the adequacy, suitability, operating efficiency, convenience,
finish, appearance and value of buildings, structures and mechanical
installations may vary greatly without departure from these regulations.
As used in these regulations, the following terms have the meaning
prescribed herein. (Any item not defined herein shall follow the Wisconsin
Administrative Code definitions.)
Any new construction whereby an existing building or structure,
or building or structure in course of construction, is increased in
area or cubical content.
Any change, addition, modification, or repair to any structural
part of an existing structure, any change which involves room arrangement,
fenestration, exit stairways, fire protection equipment, exits, application
of exterior finish materials or cladding, or any modification of signs,
parking areas, fencing, canopies, landscaping, site topography or
similar site features.
Any structure erected or constructed of wood, metal, stone, plastic or other materials, which is intended to be used by human beings for occupancy, vehicle storage, other storage, commerce, education, cultural activities or other purpose, including accessory buildings greater than 200 square feet. The term does not include children's play structures. (See § 98-21C for requirements for accessory buildings 200 square feet or smaller.)
The area of a floor is the area bounded by the exterior surface
of the building walls or the outside face of columns where there is
no wall. Area includes all floor levels such as subbasements, basements,
ground floors, mezzanines, balconies, lofts, all stories and all roofed
areas including porches and garages, except for cantilevered canopies
on the building wall. Use the roof area for freestanding canopies.
The individual(s) or firm appointed by the Village to exercise
all of the powers and duties of a building, plumbing, electrical,
and HVAC inspector under Wisconsin law and Village ordinances.
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 and/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.
A plumbing device, including, without limitation, the following:
sinks, bathtubs, wash basins, water closets, shower stalls, urinals,
laundry tubs, water heaters of any type, range boilers, floor drains,
catch basins, bubblers, sumps, bar connections, soda fountains, ice
boxes, machine waste connections, acid tanks, ejectors and all plumbing
fixtures and water-connected appliances, together with all changes
or alterations where inspections are necessary; and house drain, sewer,
water and fire protection installations, when no plumbing fixtures
are installed.
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 that is customarily
or routinely associated with utilization of a building as a residence,
detached residential accessory structure, or commercial use shall
constitute occupancy.
The individual, firm or entity that has record title to the
real estate on which construction or demolition is taking place.
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.
Plumbing includes:
The construction, connection or installation of any drain or
waste piping system from the outside or proposed outside foundation
walls of any building to the mains or other sewerage system terminal
within bounds of or beneath an area subject to easement for highway
purposes, including private domestic sewage treatment and disposal
systems, and the alteration of any such systems, drains or waste piping;
and
The water service piping from the outside or proposed outside
foundation walls of any building to the main or other water utility
service terminal within bounds of or beneath an area subject to easement
for highway purposes and its connections; and
The water pressure systems other than municipal systems as provided
in Wis. Stats. Ch. 281; and
A plumbing and drainage system so designed and vent piping so
installed as to keep the air within the system in free circulation
and movement; to prevent, with a margin of safety, unequal air pressures
of such force as might blow, siphon or affect trap seals or retard
the discharge from plumbing fixtures or permit sewer air to escape
into the building; to prohibit cross-connection, contamination or
pollution of the potable water supply and distribution systems; and
to provide an adequate supply of water to properly serve, cleanse
and operate all fixtures, equipment, appurtenances and appliances
served by the plumbing system.
Plumbing does not include minor repairs to faucets or the removal
of stoppages in solid or waste pipes.
Repairs for purposes of maintenance or replacements 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 aesthetic 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 an inspector that compels the owner and any contractor or builder
of a building to cease any further work or activity on the construction
project until the inspector has authorized the resumption of the construction
project.
In this chapter, "structure" means anything other than a
building that 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. It includes
fair, carnival and festival open structures; fire escape, stairway,
or chute escapes and railings; fences and railings; open-air observation,
water tank and other towers; traveling cranes, hoists.
Work of such character so as to meet manufacturer's
specifications, accepted national standards or recognized trade practices,
and to provide a durable result as intended to insure public safety,
health and welfare insofar as they are affected by building construction,
use and occupancy.
These regulations apply to all one- and two-family dwellings,
commercial buildings and structures (including but not limited to
multiple-family dwellings and business, office, industrial, manufacturing,
and institutional buildings and structures), swimming pools, decks,
residential accessory buildings and storage buildings. Notwithstanding
this section, these regulations shall not apply to children's
play structures.
A.
No
owner or contractor may commence construction of any building, mechanical,
electrical or plumbing system prior to obtaining a valid permit from
the Building Inspector. Application for a permit shall be made to
the Inspector upon forms that the Inspector shall provide.
B.
The
construction which shall require a permit includes, but is not limited
to:
(1)
New buildings, including 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 where the reported 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 except as noted in Subsection C(2) below.
(5)
Any electrical wiring for new construction or remodeling.
(6)
Any HVAC for new construction or remodeling.
(7)
Any plumbing for new construction or remodeling.
(8)
Any new or rewired electrical service, including services for storage,
accessory, and other buildings.
(9)
Residing, reroofing, major repairs, and window enlargement. Structural
load-bearing calculations may be requested by the Building Inspector
for reroofing a building if the proposed reroofing would constitute
a third or more layer of roofing.
(10)
Any moving or relocating of buildings or structures including site
work and applicable foundation system.
(11)
Any work on subterranean structures, footings, foundations, or retention
walls.
C.
Exceptions.
(1)
The following activities shall not require a permit:
(a)
Finishing of interior surfaces, installation of cabinetry, and repairs
which are deemed minor by the Building Inspector.
(b)
Normal repairs of HVAC, plumbing and electrical equipment or systems
such as replacing switches, dimmers and fixtures, unless further or
additional HVAC, electrical, or plumbing work is deemed necessary
or required under the provisions of this chapter.
(2)
No person manufacturing or requiring electrical apparatus and equipment,
and employing a state electrical contractor's certification,
shall be required to have an electrical permit for his or its testing
equipment.
(3)
No electrical permit shall be required for private or public utilities
engaged in the distribution and sale of heat, light, electricity and
power.
A.
Chapters
101 and 145 of the Wisconsin Statutes, along with the following chapters
of the Wisconsin Administrative Code, as well as all subsequent revisions,
are adopted by the Village and shall be enforced by the Building Inspector
and/or Plans Examiner, who shall be commercially certified by the
Wisconsin Division of Industry Services:
|
Ch. SPS 302
|
Plan Review Fee Schedules
|
|
Ch. SPS 305 (incl. Appendix)
|
Licenses, Certification and Registration
|
|
Ch. SPS 316
|
(Electrical Code (Volume 2)
|
|
Ch. SPS 320-325
|
Uniform Dwelling Code
|
|
Ch. SPS 326
|
Manufactured Home Communities
|
|
Ch. SPS 327
|
Camping Units
|
|
Ch. SPS 328
|
Smoke Detectors and Carbon Monoxide Detectors
|
|
Ch. SPS 360-366
|
Wisconsin Commercial Building Code
|
|
Ch. SPS 375-379
|
Buildings Constructed Prior to 1914
|
|
Ch. SPS 381-387
|
Uniform Plumbing Code
|
|
Ch. PSC 114
|
Wisconsin State Electrical Code, Volume 1
|
B.
The provisions of these statutes and codes shall govern design and construction of all buildings within the Village, along with the additional provisions set forth in this chapter and Chapter 250 of this Municipal Code. In all instances where there appears to be a conflict between applicable provisions of the adopted codes with respect to any instance of design or construction of any building within the Village, the more restrictive provisions shall apply unless to do so would violate the municipal authority to adopt said codes.
Unless otherwise specifically stated in these regulations, an
existing building or structure, and every element, system or component
of an existing building or structure, shall be maintained to conform
with the building and fire code requirements that applied when the
building, structure, element, system or component was constructed,
and shall comply with these regulations wherever applicable.
A.
Delegated
municipality. The Division of Industry Services has granted the Village
the authority to conduct commercial building, HVAC, fire alarm systems,
fire suppression system, and plumbing plan reviews and inspections
for buildings of any size.
(1)
Responsibilities. The Village shall assume the following responsibilities
for the Department of Safety and Professional Services (Department):
(2)
Plan examination. Drawings, specifications and calculations for all
the types of buildings and structures, except state-owned buildings
and structures, to be constructed within the limits of the municipality
shall be submitted, if the plans are for any of the following:
(3)
Plan review process.
(a)
Building, HVAC, fire alarm, and fire suppression system plans
shall be submitted and reviewed in accordance with the procedures
detailed in Wis. Admin. Code. ch. SPS 361. Applicants for plan review
shall submit the following directly to the Village:
(b)
Plumbing plans shall be submitted and reviewed in accordance
with the procedures detailed in Wis. Admin. Code. ch. SPS 382. Applicants
for Plan Review shall submit the following directly to the Village:
(4)
Acceptance of DSPS review. The Village will continue to accept any
plan reviews conducted by the Division of Industry Services if applicants
are unaware of the Village's ability to conduct such plan reviews,
or choose to send their projects to the Division of Industry Services
for review.
(5)
Optional waiver of plan review responsibility. The Village may choose
for any reason to waive its plan review responsibilities and require
a building or building or building component be reviewed by the Division
of Industry Services.
B.
Building
Inspector/Plans Examiner. The Building Inspector and/or Plans Examiner
authorized by the Village to enforce the adopted codes and responsibilities
shall be properly certified by the Division of Industry Services.
C.
Building
permit required. No person shall build or cause to be built any new
public building or alter a public building without first submitting
plans and specifications to the Building Inspector and obtaining a
building permit for such building.
E.
This
section shall be effective upon passage and publication as provided
by law, and upon the grant of delegated municipality status by the
Department of Safety and Professional Services, Division of Industry
Services.
A.
Appointment and term. A Building Inspector who is certified for building,
plumbing, electrical and HVAC inspections shall be appointed by the
Village President, subject to confirmation by the Village Board, to
two-year terms, such terms to expire on the second Monday of May of
even-numbered years, unless sooner removed pursuant to Wis. Stats.
§ 17.13(1), or may, in the alternative, be appointed for
a length of time determined by contract. A single person or a firm
may be appointed to fill more the position. The Building Inspector,
with the approval of the Village Board, may appoint Assistant Inspectors
to act in the event of the Inspector's absence or inability to
perform the duties, but such appointment shall not carry with it any
increase in compensation.
B.
Certification. The Inspector and Assistant Inspector shall be certified
for inspection purposes by the Department of Commerce in the required
categories specified under Wis. Admin. Code ch. SPS 305.
C.
Compensation. The Inspector shall receive compensation under such
terms as may be approved by the Village Board.
D.
Duties. The Inspector shall enforce all provisions of these regulations,
and all other state and Village provisions relating to construction,
installation, alteration, repair and maintenance of buildings, structures,
mechanical, electrical and plumbing systems within the Village, shall
make such inspections, perform such tests and issue such orders as
may be necessary for such enforcement, and shall have other such responsibilities
and duties as set forth in the Statutes, Administrative Code, this
Code, and applicable contract, and as established by the Plan Commission
and the Village Board.
E.
Powers. The Building Inspector or an authorized certified agent of
the Inspector may, at all reasonable hours, upon presentation of proper
credentials, enter upon any public or private premises for inspection
purposes. The Inspector may require the production of the permit for
any building, plumbing, electrical or HVAC work. No person shall interfere
with or refuse to permit access to any such premises to an Inspector
or his/her agent while in the performance of his/her duties. In the
event that an Inspector is refused access to any such premises, then
the Inspector is authorized to apply for a special inspection warrant
pursuant to Wis. Stats. § 66.0119.
F.
Inspections. In order to permit inspection of a 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 applicable.
G.
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 Inspector, except
as provided by the Wisconsin Administrative Code.
H.
The permit holder or the permit holder's representative shall
notify the Building Inspector when the stages of construction are
reached that require an inspection. All ladders, scaffolds and test
equipment required to complete an inspection or test shall be provided
by the property owner, permit holder or their representative. If upon
any inspection it is found that a required inspection cannot be made
because work to be inspected has been covered or concealed, the permit
holder or agent shall uncover the work, as directed by the Commissioner,
and no approval of covered or concealed work shall be given until
the required inspection can be made and the work complies with the
applicable regulations of this code.
I.
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.
J.
Records. The Inspector shall perform all administrative tasks required by the Department under all codes covered in § 98-7. In addition, the Inspector shall keep a record of all applications for permits and shall number each permit in the order of its issuance. The Inspector shall file monthly and annual reports as required by the Village Board, and such other reports as may be required by the Wisconsin Statutes or Administrative Code.
K.
The officials and staff of the Village of Waterford shall assist
the Inspector in the enforcement of these regulations as necessary.
A.
The owner or contractor shall, with respect to any proposed construction
or demolition, submit sets of building, HVAC, plumbing and electrical
plans to the Building 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 plat of
survey stamped by a surveyor licensed by the State of Wisconsin, drawn
to scale, showing such proposed work and existing buildings and property
lines shall be submitted. Another set of plans may be requested at
the discretion of the Inspector for the Assessor. The Inspector may
require the owner or contractor to submit plans for any construction
or demolition project when the Inspector determines that it is necessary
to review such plans to assure that the proposed project will comply
with all applicable codes.
B.
The above-described "plat of survey" for a new building shall be
a parcel survey (one original with surveyor's signature and stamp
plus two copies). Said survey shall show the following:
(1)
Location and dimensions of all existing and proposed buildings.
(2)
Lot dimensions and all lot corner elevations using U.S.G.S. datum.
(3)
Building setbacks.
(4)
Location and elevation using U.S.G.S. datum (must be in accordance
with the approved grading plan).
(5)
Elevation of the lot and relation to sidewalk, street, etc., using
U.S.G.S. datum.
(6)
Elevation and setback of adjacent buildings using U.S.G.S. datum.
(7)
Types of monuments at lot corners (i.e., I.P.).
(8)
Water courses, easements and drainage pattern.
(9)
Seal and signature of surveyor licensed in the State of Wisconsin.
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.
B.
Expiration, extension and renewal of permits.
(1)
Permit expiration. Permits for new one and two-family dwellings shall
expire pursuant to Wis. Admin. Code § SPS 320.09(9). Permits
and/or plan approvals for commercial buildings shall expire as set
forth in Wis. Admin. Code § SPS 361.36. For all other buildings,
alterations, additions, accessory buildings and accessory structures,
permits shall expire 12 months from the date the permit is issued.
(2)
Permit extensions and renewals. Time periods referenced herein may
be extended, provided the request is submitted and the fee for the
extension or renewal is paid. The conditions for the extension of
commercial plan approval required by the Wisconsin Administrative
Code, ch. SPS 302 and § SPS 361.36(2), shall be met and
the fee paid in addition to the fees set forth herein where applicable.
(a)
Permit extensions. If not otherwise provided in the Wisconsin
Administrative Code, a permit extension shall be defined as a six-month
continuation of the original building permit and shall:
[1]
Be granted if completion of construction work is anticipated
within a six-month period;
[2]
Commence on the day immediately following expiration of the
original permit, a previous permit extension, or a previous permit
renewal;
[3]
Be valid for a period of six months; and
[4]
Be limited to a total of two extensions, running consecutively
for a total period of one year.
(b)
Permit renewal. If not otherwise provided in the Wisconsin Administrative
Code, a permit renewal shall be defined as a continuation of a building
permit for the length of the original term of the permit and shall:
(c)
Permit extension and renewal fees. If not otherwise provided
in the Wisconsin Administrative Code, the fees for permit extensions
and renewals are as follows:
[1]
Permit extensions. Permit extension fees shall be 50% of the
permit fees, or the minimum fee, whichever is greater, for the complete
project in effect at the time of extension application, per permit
issued.
[2]
Permit renewals. Permit renewal fees, per permit issued, shall
be as defined in this subsection, or the established minimum fees
in effect at the time of renewal, whichever is greater.
[a]
If no work has been done and no inspections have
been performed and passed: 100% of full fees.
[b]
If inspections have been performed and passed through
"foundation backfill" (no rough inspections): 80% of full permit fee.
[c]
If all rough inspections have been performed and
passed (no insulation or finals): 50% of full permit fee.
[d]
If only final inspection remains: 20% of full permit
fee, but not less than minimum fees for each trade.
C.
By accepting a permit, the applicant, owner or contractor grants
the Inspector the right of access to the real estate on which the
permitted construction or demolition will occur.
D.
Permits are issued conditionally 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.
E.
No permit shall be issued to any person who is in violation of these
regulations until such violation has been corrected, nor to any person
who owes the Village any permit fees.
F.
No permit shall be issued to any person against whom an order issued
by an Inspector is pending.
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.
H.
Restrictions on issuance of permits.
(1)
Except for an owner of a dwelling who resides or will reside in the
dwelling, no person may obtain a building permit unless the person
annually obtains a certificate of financial responsibility from the
Wisconsin Department of Commerce in compliance with Wis. Stats. § 101.654.
(2)
Except for an owner of a single-family building owned and occupied
by him or her as his or her home, and as otherwise excepted under
Wis. Stats. § 145.06, no person may obtain a plumbing permit
unless the person is licensed or registered pursuant to Wis. Stats.
Ch. 145.
If the Building Inspector, after all required inspections are
completed, performs a final inspection and 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. In lieu of a temporary permit, the Building Inspector
may set forth the requirements for completion of the work and accept
a financial surety, payable to the Village, to ensure that the work
is completed within a specified time frame, and may issue an occupancy
permit. A fee for an occupancy permit, in an amount established by
the Village Board, shall be paid prior to the issuance of the occupancy
permit.
A.
At the time of issuance of a permit applied for under these regulations,
the applicant shall:
(1)
Pay fees as established periodically by the Village and set forth
in the Fee Schedule.
(2)
Provide to the Inspector a list of all contractors performing work
on the premises.
(3)
If contractors are required to be licensed by state law or regulation,
provide evidence of all contractors' licenses.
(4)
If a professionally licensed engineer or architect is required by
state statute or regulation to supervise the project, provide evidence
of the identity of the supervising design professional by providing:
B.
(Reserved)
C.
Where additional inspections are necessary due to condemned work
resulting from faulty construction or repairs, or where additional
inspections are necessary because of the failure to make corrections
in work found faulty or defective, a reinspection fee, in the amount
set forth in the Fee Schedule, shall be paid.
D.
There shall be added to the Fee Schedule as from time to time adopted
and revised by the Village Board of the Village of Waterford a fee
for each inspection which is accomplished by any the Inspector at
the direction of the Village of Waterford, inclusive of any follow-up
involved in that same inspection process, the direction to be provided
by the Village Board, the Village Plan Commission, the Village Health
Officer, the Village Administrator, or the Village Attorney.
E.
In the event any work shall be commenced, for which a permit is required, prior to obtaining such a permit from the Inspector, the same shall constitute a violation of these regulations and the permit fee shall be quadrupled, and the violation shall be subjected to the penalties as set forth in §§ 98-16 and 98-17 and Chapter 1, Article II, of this Municipal Code; and further, every day of the continuance of the circumstance hereinabove described shall constitute a separate violation of these regulations.
F.
Permit fees shall become the property of the Village and shall not
be refundable even though the permit issued is not used unless such
fees exceed $100. In such cases, only that portion of the permit fee
in excess of $100 shall be refunded if the permit is not used; but
in no case shall any permit fee or fraction thereof be refundable
after six months from the date of issue of such permit, whether used
or not.
A.
Prohibition. No person, entity, or firm may construct, remodel, demolish
or repair any building or mechanical system in a manner which violates
any provision or provisions of these regulations.
B.
Every person, firm or entity which violates these regulations or any regulation, rule, or order made hereunder shall, upon conviction, forfeit not less than $25 nor more than $1,000 for each day of noncompliance, together with the costs of prosecution, and as set forth in Chapter 1, Article II of this Code.
C.
Violations discovered by the 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 Inspector.
D.
Compliance with the requirements of these regulations is necessary
to promote the safety, health and wellbeing of the community and the
owners, occupants and frequenters of buildings. Therefore, violation
of these regulations shall constitute a public nuisance which may
be enjoined in a civil action in addition to prosecution therefor.
E.
The Village Police Department, Building Inspector, Health Officer
and/or Administrator, or their authorized representatives, shall inquire
into violations of these regulations and shall report the same to
the appropriate official for investigation and prosecution.
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 Board of Appeals, as set forth in § 245-54 of this Municipal Code. The Board of Appeals shall affirm the stop-work order unless the owner or contractor shows that the Inspector erred in determining that the construction project violated a provision or provisions of these regulations or the state building codes.
The Board of Appeals shall hear requests for variances from this chapter to the extent the Board has authority to hear and grant variances, as set forth in § 245-54 of this Municipal Code. The Board shall approve, conditionally approve, or deny a requested variance. The 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. Variances from provisions of the applicable state codes shall be requested as set forth in those codes.
Any person aggrieved by an order of the Inspector may, within 20 days thereafter, appeal from such order to the Board of Appeals pursuant to § 245-54 of this Municipal Code and not through the provisions of Wis. Stat. ch. 68. Appeals of decisions of the Board of Appeals may be made to the Circuit Court, pursuant to § 245-54. Appeals of final determinations may be reviewed as set forth in Wis. Admin. Code § SPS 320.21. The ruling of the Inspector shall be enforced until reversed or modified by the Board of Appeals.
A.
Village not liable. These regulations shall not be construed to relieve
or lessen the responsibility or liability of any person supplying
building, HVAC, electrical or plumbing services or materials, or selling,
renting, leasing, owning, distributing, connecting, disconnecting
or maintaining any building, HVAC, electrical or plumbing equipment
for damages to persons or property caused by any defect therein or
therefrom; nor shall the Village be held as assuming any such responsibility
or liability by reason of the issuance or revocation of any license,
permit or certificate or by reason of the approval or disapproval
of any such equipment, plans or applications, information or schedules
in these regulations; nor shall the Village be held liable for any
damages resulting from enforcement of these regulations.
B.
Village officials not liable.
(1)
Where action has been taken by the Building Inspector or the Inspector's
duly authorized representative, or by any member of the Plan Commission
or Village Board, or by any other Village official or duly authorized
representative, to enforce these regulations, such action or act shall
be considered as done in the name of and on behalf of the Village;
and any such person so acting for the Village shall not be judged
as liable for any damage that may accrue to persons or property as
the result of any such act committed in the discharge of duties.
(2)
These regulations shall not be construed as an assumption of liability
by the Village or the Inspector for damages because of injuries sustained
or property destroyed by any defect in any dwelling or equipment.
