This chapter shall be known as the "Building
Code of the Town of Cedarburg" and will be referred to in this chapter
as "this code" or "this chapter."
This chapter provides certain minimum standards,
provisions and requirements for safe and stable design, methods of
construction and uses of materials in buildings and/or structures
hereafter erected, constructed, enlarged, altered, repaired, moved,
converted to other uses or demolished and regulates the equipment,
maintenance, use and occupancy of all buildings and/or structures.
Its purpose is to protect and foster the health, safety and well-being
of persons occupying or using buildings and the general public.
New buildings hereafter erected in or any building
hereafter moved within the Town shall conform to all the requirements
of this chapter except as they are herein specifically exempted from
part or all of its provisions. Any alteration, enlargement or demolition
of an existing building and any installation therein of electrical,
gas, heating, plumbing or ventilating equipment which affects the
health or safety of the users thereof or any other persons is a "new
building" to the extent of such change. Any existing building shall
be considered a "new building" for the purposes of this chapter whenever
it is used for dwelling, commercial or industrial purposes, unless
it was being used for such purpose at the time this chapter was enacted.
The provisions of this chapter supplement the laws of the State of
Wisconsin pertaining to construction and use and the Zoning Code of
the Town and amendments thereto to the date this chapter was adopted
and in no way supersede or nullify such laws and said Zoning Code.
As used in this chapter, the following terms
shall have the meaning indicated:
ADDITION
New construction performed on a dwelling which increases
the outside dimensions of the dwelling.
ALTERATION
A substantial change or modification other than an addition
or minor repair to a dwelling or to systems involved within a dwelling.
DEPARTMENT
The State of Wisconsin Department of Safety and Professional
Services.
[Amended 3-4-2015 by Ord.
No. 2015-4]
DWELLING
A.
Any building, the initial construction of which
is commenced on or after the effective date of this chapter, which
contains one or two dwelling units; or
B.
An existing structure, or that part of an existing
structure, which is used or intended to be used as a one- or two-family
dwelling.
MINOR REPAIR
Repair performed for maintenance or replacement purposes
on any existing one- or two-family dwelling which does not affect
room arrangement, light and ventilation, access to or efficiency of
any exit stairway or exits, fire protection or exterior aesthetic
appearance and which does not increase a given occupancy and use.
No building permit is required for work to be performed which is deemed
minor repair.
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.
PERSON
An individual, partnership, firm or corporation.
WISCONSIN ADMINISTRATIVE CODES
The following chapters of the Wisconsin Administrative Codes,
as well as all subsequent revisions, are adopted by the Municipality
and shall be enforced by the Building Inspector:
[Added 3-4-2015 by Ord.
No. 2015-4]
§ SPS 302.31
|
Plan Review Fee Schedule
|
§ SPS 305
|
Credentials
|
§ SPS 316
|
Electrical Code
|
§§ SPS 320 through 325
|
Uniform Dwelling Code
|
§§ SPS 361 through 366
|
Commercial Building Code
|
§§ SPS 375 through 379
|
Buildings Constructed Prior to 1914
|
§§ SPS 381 through 387
|
Uniform Plumbing Code
|
[Added 3-4-2015 by Ord.
No. 2015-4; amended 7-1-2020 by Ord. No. 2020-6]
A. Certified municipality. The Town has adopted the certified municipality
status as described in § SPS 361.60 of the Wisconsin Administrative
Code.
(1)
Responsibilities. If the Town is delegated by the Department
of Safety and Professional Services (Department) under SPS 361.60,
the Town may assume the following responsibilities:
(a)
Provide inspection of commercial buildings with certified commercial
building inspectors.
(b)
Provide plan examination of commercial buildings with certified
commercial building inspectors.
(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:
(a)
A new building or structure containing less than 50,000 cubic
feet of total volume.
(b)
An addition to a building or structure where the area of the
addition results in the entire building or structure containing less
than 50,000 cubic feet of total volume.
(c)
An addition containing no more than 2,500 square feet of total
floor area and no more than one floor level, provided the largest
roof span does not exceed 18 feet and the exterior wall height does
not exceed 12 feet.
(d)
An alteration of a space involving less than 100,000 cubic feet
of total volume.
(e)
A certified municipality may waive its jurisdiction for the
plan review of a specific project or types of projects, or components
thereof, in which case plans and specifications shall be submitted
to the Department for review and approval.
(f)
The Department may waive its jurisdiction for the plan review
of a specific project, where agreed to by a certified municipality,
in which case plans and specifications shall be submitted to the certified
municipality for review and approval.
(3)
Plan submission procedures. All commercial buildings, structures
and alterations, including new buildings and additions less than 25,000
cubic feet, require plan submission as follows:
(a)
Building permit application.
(b)
Application for review - SBD-118.
[1]
Fees per Table 302.31-2 and SPS 302.31.
[2]
Fees apply to all commercial projects.
(c)
Four sets of plans.
[1]
Signed and sealed per SPS 361.31.
[2]
One set of specifications.
[3]
Component and system plans.
[4]
Calculations showing code compliance.
[Amended 3-4-2015 by Ord.
No. 2015-4]
A. State approval needed. 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 Safety and Professional Services for use in buildings
or structures covered by the Wisconsin State Building Code, except
sanitary appliances, which shall be approved in accordance with the
State Plumbing Code.
B. Installation. 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 Safety and Professional
Services. 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 Safety and Professional Services.
The purpose of the inspections under this chapter
is to improve the quality of housing in the Town. The inspections
and the reports and findings issued after the inspections are not
intended as, nor are they to be construed as, a guarantee. In order
to so advise owners and other interested persons, a disclaimer shall
be included in each inspection report as follows: "These findings
of inspection contained herein are intended to report conditions of
noncompliance with code standards that are readily apparent at the
time of inspection. 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 materials not specifically cited
herein is expressed or implied."
All Wisconsin Uniform Dwelling Code and construction
standards shall apply to residential garages and detached accessory
buildings. The State of Wisconsin Commercial Building Code shall apply
to all other structures, except noncommercial agricultural buildings.
[Added 10-1-2008 by Ord. No. 2008-18]
A. Definitions.
The following definitions shall be applicable in this section:
ILLICIT CONNECTION
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system,
including, but not limited to, any conveyances which allow any non-stormwater
discharge including sewage, process wastewater, and wash water to
enter the storm drain system and any connections to the storm drain
system from indoor drains and sinks, regardless of whether said drain
or connection had been allowed, permitted, or approved by a government
agency, prior to the adoption of this section.
PERSON
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner’s agent.
STORM DRAIN SYSTEM
Publicly owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
B. Discharges
prohibited. No person shall discharge, spill or dump substances or
materials which are not entirely composed of stormwater into receiving
bodies of water or onto driveways, sidewalks, parking lots or other
areas that drain into the storm drainage system. Unless otherwise
approved by the Town Board, no person shall discharge roof drains,
yard drains or sump pumps onto streets, sidewalks, or other areas
within Town right-of-way that drain into the storm drainage system.
Roof drains, yard drains, and sump pumps shall discharge onto pervious
areas at grade on private property.
C. Connections
prohibited. The construction, use, maintenance or continued existence
of illicit connections to the storm drainage system is prohibited.
This prohibition expressly includes, without limitation, illicit connections
made prior to the adoption of this section, regardless of whether
the connections was permissible under law or practice applicable or
prevailing at the time of connection. Unless otherwise approved by
the Town Board, roof drain and sump pump discharge connections to
the storm drainage system shall be prohibited.
D. Exemptions.
The following activities are exempt from the provisions of this section
unless found to have an adverse impact on the stormwater:
(1) Discharges authorized by a permit issued by the Wisconsin Department
of Natural Resources.
(2) Discharges resulting from fire-fighting activities.
(3) Discharges from uncontaminated groundwater, potable water sources,
air-conditioning condensation, springs, lawn watering, individual
residential car washing, water main and hydrant flushing and swimming
pools if the water has been dechlorinated.
E. Enforcement;
penalties.
(1) Whenever the Building Inspector, Director of Public Works, or its
designated agent finds a person has violated a prohibition or failed
to meet a requirement of this section, the Town of Cedarburg may order
compliance by written notice of violation to the responsible person.
Such notice may require, without limitation:
(a) The elimination of illicit connections or discharges.
(b) That violating discharges, practices, or operations shall cease and
desist.
(c) The abatement or remediation of stormwater pollution or contaminated
hazards and the restoration of any affected property.
(2) In the event the person fails to eliminate the illicit connection
or discharge, fails to cease and desist in discharge, practices or
operations in violation of this section or fails to abate or remediate
the stormwater pollution or contamination hazards, that person may
be subject to a forfeiture of not less than $50 nor more than $500
for each offense, together with the costs of prosecution. Each day
that the violation exists shall constitute a separate offense.
F. Effective
date. This section shall be in force and effect from and after its
adoption and publication. The above and foregoing section was duly
adopted by the Town Board of Town of Cedarburg on the first day of
October, 2008.
Each unit of a duplex shall have a separate
water and sewer service.
[Amended 3-6-1991 by Ord. No. 1991-7, 12-1-2004 by Ord. No.
2004-15; 10-4-2006 by Ord. No. 2006-13]
A. Fire numbers. The Town of Cedarburg shall furnish
to each property owner the numbers, which may variously be described
as the fire numbers for the property and/or the address number. The
numbers are primarily to indicate the address and assist the Ozaukee
County Sheriff’s Department or the Fire Department for an emergency
response call by or for locating a specific property. These numbers
shall be installed on a steel post by the Town of Cedarburg. The height
of the post shall be between four and five feet so that the numbers
are clearly visible from the driven portion of a street or highway
adjoining the property. Said post and numbers shall be installed within
10 feet of either side of the driveway entrance leading into the property
and within 10 feet of the road right-of-way limits. The sign shall
be perpendicular to the adjacent roadway center line and project towards
the roadway from the post.
B. Driveway length designations. For addresses within
the Town that have driveways of 1,000 feet or greater, the Town of
Cedarburg shall furnish additional signage to be on the same post
with fire numbers required above. The additional signage shall provide
the Fire Department with the necessary information regarding the length
of the driveway. The Town Board, by resolution, shall officially approve
the size, color, content, form, and location of the driveway length
sign on the post of the fire numbers. All new building construction
within the Town, which has driveways of 1,000 feet or greater, shall
indicate the total length of the driveway in the building permit application
and pay the appropriate fee for issuance of the appropriate sign with
said application as listed on the Town’s Annual Fee Schedule.
C. Unlawful removal or relocation of fire numbers/ driveway length designations. It shall be unlawful for any person to relocate or remove any such designated fire number, driveway length sign and/or post once it has been installed in accordance with Subsections
A and
B. Removal or relocation of the said signs and/or post may result in the assessment of a reinstallation fee of $75.
The fees for building permits shall be as determined
by resolution of the Town Board.
If any section, clause, provision or portion
of this chapter, or of the Wisconsin Administrative Code adopted by
reference, is adjudged unconstitutional or invalid by a court of competent
jurisdiction, the remaining provisions shall not be affected.
[Added 1-4-2012 by Ord. No. 2012-3]
A. Within one year of the issuance of an occupancy permit or a final
inspection for a new residence, agricultural, commercial or industrial
building, an addition to a residence, farm or business structure or
other accessory structure where the surface conditions have been affected
by final grading, excavating, constructing or filling operations,
a cover growth of plant material containing no noxious weeds shall
be established by the owner of such land over all remaining disturbed
areas to prevent erosion, dust, noxious weeds, or unsightly conditions.
B. The provisions of this section shall apply to any parcel of land,
except lands in farming operations, where surface conditions have
been disturbed by the aforementioned activities, even if new construction
has not taken place, or no permit or inspection by the Town is required.
Under this subsection, the one year time requirement shall commence
upon the date of issuance of written notice from the Town official
to the owner of the land that compliance is mandatory.
C. Any person, firm, company, or corporation who violates, disobeys or refuses to comply with the provisions of this section shall be subject to the enforcement, violations and penalties as provided in §
108-19, and in addition thereto is hereby deemed and declared a public nuisance of the Town.
D. Existing structures or buildings on such lands where surface conditions
remain disturbed without said cover growth established prior to the
effective date of this section shall comply with the requirements
of this section within six months of the effective date except that
in no case shall compliance be required within less than one year
after the issuance of an occupancy permit or final inspection.