Fire prevention — See Ch. 200.
ARTICLE IUniform Dwelling Code (§ 158-1 — § 158-11)
§ 158-3Scope; decision on petitions
for variance and final appeals.
§ 158-4Wisconsin Uniform Dwelling Code
§ 158-5Building Inspector.
§ 158-6Permit required.
§ 158-7Permit fees.
§ 158-8Zoning requirements.
§ 158-9Violations and penalties.
§ 158-11Appeals of citations.
This article is adopted under the authority granted by § 101.65, Wis. Stats.
The purpose of this article is to promote the general health, safety and welfare and to maintain local uniformity with the administrative and technical requirements of the Wisconsin Uniform Dwelling Code (UDC).
The scope of this article includes:
The construction and inspection of all new one- and two-family dwellings built since June 1, 1980.
Notwithstanding § Comm 20.05, the scope also includes the construction and inspection of habitable additions to one- and two-family dwellings built before June 1, 1980. For purposes of this article, habitable additions are those that add year-round conditioned space either horizontally or vertically to an existing dwelling.
Because such projects are not under state jurisdiction, petitions for variance and final appeals under §§ Comm 20.19 and 20.21, respectively, shall be decided by the Board of Appeals as created by Article XI of the Manitowish Waters General Zoning Ordinance, No. 2006-1, as amended (hereinafter "Board of Appeals").
The Wisconsin Uniform Dwelling Code, Chs. Comm 20 through 25, Wis. Adm. Code, and all amendments thereto, is adopted and incorporated by reference and shall apply to all buildings within the scope of this article.
There is hereby created the position of Building Inspector, who shall administer and enforce this article and shall be certified by the Division of Safety and Buildings, as specified by § 101.66(2), Wis. Stats., in the category of Uniform Dwelling Code Construction Inspector. In addition, the Building Inspector or other assistant inspectors shall possess certification categories of UDC HVAC, UDC Electrical, and UDC Plumbing. The position shall be filled by the Town by entering into a contractual agreement with a certified UDC inspection agency.
No person shall build, add onto or alter any building within the scope of this article without first obtaining a UDC permit for such work from the Building Inspector. Any structural changes or major changes to mechanical systems that involve extensions shall require UDC permits. Restoration or repair of an installation to its previous code-compliant condition as determined by the Building Inspector is exempted from permit requirements. Residential reroofing, finishing of interior surfaces, window replacement of original size or smaller, floor coverings and installation of cabinetry shall be exempted from UDC permits.
UDC permit fees shall be determined by resolution of the Town Board. The Building Inspector shall not charge any permit applicant more than the fees established by the Town Board.
All applicants for a Town or county zoning permit must have a valid UDC permit from the Building Inspector before any zoning permit will be issued.
The enforcement of this article and all laws and ordinances relating to buildings shall be by means of withholding of building permits, imposition of forfeitures and injunctive action. Forfeitures shall be set forth in the Manitowish Waters general Town Code penalties.
Citations issued by the Building Inspector may be appealed by the filing of a notice of appeal with the Board of Appeals, which shall be filed within 30 days of issuance of the citation. Petitions for variance shall be decided per § Comm 20.19 (Intro) so that equivalency is maintained to the intent of the rule being petitioned. As the Board of Appeals approves petitions for variance, the Chief Inspector is granted the power to apply the results to similar circumstances by precedent. In the event of an appeal:
The Board of Appeals shall hold a special meeting to act on the citation within 60 days of the filing of the notice of appeal.
At the special meeting, the Building Inspector shall be required to provide proof of the nature of any violations listed in the citation, the reasons for the same and any other information the Building Inspector believes is necessary for the Board of Appeals to consider and act on the notice of appeal.
The person(s) issued the citation shall be allowed to attend the special meeting and, prior to the meeting, shall be allowed to review all information to be provided to the Board of Appeals by the Building Inspector and will further be allowed to present any additional information at the special meeting that the Board of Appeals deems necessary to fully consider all issues raised by the citation.
The Board of Appeals shall decide to uphold, revoke or modify the citation, the violations cited therein, and/or the penalties assessed as the result of the issuance of the citation.
The decision of the Board of Appeals may be appealed to the Vilas County Circuit Court and shall be filed within 30 days of the Board of Appeals decision.