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.)
ADDITION Any new construction whereby an existing building or structure, or building or structure in course of construction, is increased in area or cubical content.
ALTERATION 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.
BUILDING 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.)
BUILDING AREA 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.
BUILDING INSPECTOR 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.
CONSTRUCTION Any part or portion of the activity of installing, locating, siting, erecting or raising a building.
CONTRACTOR 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.
DEMOLITION The activity of completely or partially destroying a previously erected or constructed building.
ELECTRICAL 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.
FIXTURE 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.
HVAC 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.
OCCUPANCY 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.
OWNER The individual, firm or entity that has record title to the real estate on which construction or demolition is taking place.
PLUMBING 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.
A. Plumbing includes:
(1) 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
(2) 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
(3) The water pressure systems other than municipal systems as provided in Wis. Stats. Ch. 281; and
(4) 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.
B. Plumbing does not include minor repairs to faucets or the removal of stoppages in solid or waste pipes.
REPAIRS 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.
STOP-WORK ORDER 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.
STRUCTURE 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.
WORKMANLIKE MANNER 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.
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.
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.
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.