[HISTORY: Adopted by the Village Board of
the Village of Wrightstown 10-5-1976 by Ord. No. 1-76 as Ch. 14 of the 1976
Code. Amendments noted where applicable.]
A.
State code adopted. The provisions and regulations
of the Wisconsin State Plumbing Code, SPS 381 through 387 of the Wisconsin
Administrative Code, are made a part of this section by reference
and shall extend over and govern the installation of all plumbing
installed, altered or repaired in the Village. License required by
SPS 305.90 through 305.99.
[Amended 7-21-2020 by Ord. No. 07212020]
B.
Plumbing defined. "Plumbing," for the purpose of this
section, means and includes:
(1)
Such definition of plumbing as is stated in W.S.A.
s. 145.01(10)(a), (c), (d) and (e).
(2)
The construction, connection to or alteration of any
drain, soil or waste pipe to carry domestic sewage, stormwater or
industrial waste from a point three feet outside of the foundation
walls of any building to the sewer lateral at the curb or other disposal
terminal, including the private sewage disposal or treatment plant.
This definition does not include minor repairs to faucets and the
removal of stoppages in soil or waste pipes.
C.
Plumbing Inspector.
(1)
Appointment. The Plumbing Inspector shall be appointed
by, and be under the direct supervision of, the Village Board.
(2)
Duties and powers.
(a)
The Plumbing Inspector shall perform such duties as
provided under the Wisconsin State Plumbing Code, Chapters SPS 381
through 387 of the Wisconsin Administrative Code, and enforce all
the provisions of this section. The Plumbing Inspector shall make
monthly and annual reports to the Village Board and prepare suitable
forms for applications, permits and other reports.
[Amended 11-30-1999 by Ord. No. 113099B; 7-21-2020 by Ord. No. 07212020]
(b)
The Plumbing Inspector may enter all buildings in
the village in the performance of his or her duties between 8:00 a.m.
and 5:00 p.m. daily, and any person who shall willfully or knowingly
resist or obstruct him or her in the performance of his or her duties
shall be deemed in violation of this section.
(c)
The Plumbing Inspector may refuse to approve any application
for a plumbing permit to any person who has not complied with a lawful
order of the Plumbing Inspector. The issuing and approving of a plumbing
permit may be withheld until such time as a lawful order has been
complied with. However, any person refused such a permit may appeal
within 10 days to the State Plumbing Inspector, whose decision in
the controversy shall govern.
(d)
The plumber in charge shall notify the Plumbing Inspector
whenever any work is ready for inspection (i.e., soil vent, underground
drain and final inspection). All plumbing work shall be left exposed
until such time as the Plumbing Inspector has completed his or her
examination and inspection. When the Plumbing Inspector determines
that a test is necessary, he or she may require a water or air test
on any part or the entire installation.
D.
Permits.
[Amended 7-21-2020 by Ord. No. 07212020]
(1)
Application. No plumbing shall be installed in the
village without first filing an application and receiving a permit
therefor. New construction requires a licensed master plumber, and
remodels can be done by the property owner. Each application must
receive the approval of the Plumbing Inspector before the permit can
be issued. Licensed master plumbers only may receive such permits,
except that a permit may be issued to a property owner to install
plumbing in a single-family residence, provided that the building
is owned and occupied by such owner as his or her home.
(2)
No person shall excavate in any street, alley or other
public way to repair, alter or install plumbing unless he or she has
obtained a permit therefor. Applicable charges will be made for such
permit.
E.
Permit fees. Permit fees shall be as set forth in Chapter 102, Fees and Penalties, and shall be paid at the time the permit is issued.[1]
[1]
Original Sec. 14.01(6), Water service, and
14.01(7), Street openings, which immediately followed this subsection,
were repealed 11-30-1999 by Ord. No. 113099B.
[Amended 12-7-1988 by Ord. No. 12-07A-88; 7-21-2020 by Ord. No. 07212020]
A.
Section 101.865 and SPS 316 in its entirety of the
Wisconsin statutes is hereby adopted.
B.
No electrical shall be installed, repaired or altered
in the village without first filing an application and receiving a
permit therefor. New construction requires a licensed master electrician,
and remodels can be done by the property owner. Each application must
receive the approval of the Building Inspector before the permit can
be issued. Licensed master electricians only may receive such permits,
except that a permit may be issued to a property owner to install
electrical in a single-family residence, provided that the building
is owned and occupied by such owner as his or her home.
C.
A person shall be deemed licensed upon providing proof
that such person has been certified by the State of Wisconsin SPS305.40
through 305.47. Municipal license are no longer valid.
A.
Sale of appliances.
(1)
All gas appliances and accessories hereafter installed,
sold or offered for sale shall conform to reasonable standards of
safety.
(2)
The presence on a gas appliance or accessory of a
safety seal or label of a nationally recognized testing agency or
a certificate or letter of approval from such agency or the inclusion
of an appliance or accessory in an approved listing by such agency
shall be prima facie evidence that such appliance or accessory conforms
to reasonable standards of safety. Such nationally recognized testing
agency shall be one qualified and equipped to perform and which does
perform periodic inspections of current models of gas appliances and
accessories.
B.
Installation of appliances.
(1)
All gas appliances, accessories and piping systems
shall be installed to conform to reasonable standards of safety.
(2)
Installation of appliances, equipment, accessories
and piping that complies with the standards recommended by the American
National Standards Institute in its manual entitled "National Fuel
Gas Code, No. Z223.1-1974," or subsequent revision thereof, shall
be considered prima facie as conforming to reasonable standards of
safety, the provisions of which are incorporated herein by reference
as though set forth in full. The Village Clerk-Treasurer shall keep
available a copy of such manual, or its revision, in his or her office
for study and inspection by any interested person.
(3)
No person except an authorized agent or employee of
the gas supplier shall turn on or reconnect gas service in or on any
premises where and when gas service is not at the time being rendered.
This shall not prohibit an installer from turning on the supply of
gas temporarily for the purpose of testing the installation made by
him or her or from turning on the gas that he or she had temporarily
turned off for the purpose of connecting an appliance or making repairs.
(4)
No person shall install any gas appliance for the
purpose of space heating without first determining from the gas supplier
that adequate facilities are present to supply gas to such appliance
in quantities that will assure reasonably safe and uninterrupted operation.
(5)
The provisions and regulations of Chapter IND 9 of
the Wisconsin Administrative Code, Liquefied Petroleum Gases, and
any amendment thereto, are made a part of this section by reference,
and all such provisions and rules shall be complied with. The Village
Clerk-Treasurer shall keep available a copy of such rules, and any
amendment thereto, in his or her office for study and inspection by
any interested person.
C.
Enforcement.
(1)
No person shall sell or offer for sale or install
any gas appliance or accessories or gas piping system if the same,
when installed for use, would be in violation of any of the provisions
of this section or would be unsafe or dangerous.
(2)
The village may disconnect or order disconnection
of any gas appliance, accessory or gas piping which does not conform
to the requirements of this section or which may be found defective
and in such condition as to endanger life or property. Where such
disconnection has been made, a notice shall be attached to such appliance,
accessory or gas piping which shall state that it has been disconnected
and the reasons therefor, and such notice shall not be removed until
such appliance, accessory or gas piping shall have been made to conform
to the regulations of this section and its reconnection has been authorized
by the village.
A.
Purpose. The purpose and intent of this provision
is to:
(1)
Exercise jurisdiction over the construction and inspection
of new one- and two-family dwellings and additions to existing one-
and two-family dwellings.
(2)
Provide plan review and on-site inspections of one-
and two-family dwellings by inspectors certified by the Department
of Safety and Public Service (DSPS).
[Amended 11-30-1999 by Ord. No. 113099B; 7-21-2020 by Ord. No. 07212020]
(3)
Establish and collect fees to defray administrative
and enforcement costs.
(4)
Establish remedies and penalties for violations.
(5)
Establish use of the Wisconsin uniform building permit
as prescribed by the Department of Safety and Public Service (DSPS).
[Amended 11-30-1999 by Ord. No. 113099B; 7-21-2020 by Ord. No. 07212020]
B.
State Uniform Dwelling Code adopted. The Administrative
Code provisions describing and defining regulations with respect to
one- and two-family dwellings in Chapters SPS 320 through 325 of the
Wisconsin Administrative Code, effective March 1, 2019, are hereby
adopted and by reference made a part of this chapter as if fully set
forth herein. Any future amendments, revisions or modifications of
the Administrative Code provisions incorporated herein are intended
to be made part of this chapter to secure uniform statewide regulation
of one- and two-family dwellings in the village. A copy of these Administrative
Code provisions and any future amendments shall be kept on file in
the Village Clerk-Treasurer's office.
[Amended 7-21-2020 by Ord. No. 07212020]
C.
Minimum space, use and location requirements. No person
shall occupy or let to another for occupancy any dwelling or dwelling
unit, for the purpose of living therein, which does not comply with
the following requirements:
[Added 8-16-1994 by Ord. No. 081694D]
(1)
Dwelling unit to be occupied by one family. No dwelling
unit shall be occupied by more than one family plus two occupants
who are not members of the family.
(2)
Minimum ceiling height. At least 1/2 of the floor
area of every habitable room shall have a ceiling height of at least
seven feet, and the floor area of that part of any room where the
ceiling height is less than five feet shall not be considered a part
of the floor area in computing the total floor area of the room for
the purpose of determining the maximum permissible occupancy thereof.
(3)
Minimum floor area for dwelling unit. Every dwelling
unit consisting of only one habitable room shall contain at least
120 square feet of habitable room floor area.
(4)
Minimum floor area for occupancy by more than one
occupant. No dwelling unit containing less than 170 square feet of
habitable room floor area shall be occupied by more than one occupant,
provided that a dwelling unit consisting of only one habitable room
has a closet with a minimum ceiling height of six feet contained within
the dwelling unit and connected thereto with a doorway or other similar
opening. The actual floor area of the closet, up to and including
a maximum of 20 square feet, shall be included in computing the habitable
room floor area of the dwelling unit.
(5)
Maximum occupancy for one-room dwelling unit. No dwelling
unit consisting of only one habitable room shall be occupied by more
than two occupants.
(6)
Maximum occupancy for dwelling units of two or more
rooms. No dwelling unit consisting of two or more rooms shall be occupied
by more occupants than the total number which is calculated on the
following basis:
|
Type of Room
|
Occupancy Subtotal
| |
|---|---|---|
|
Kitchen
|
0
| |
|
Each habitable room containing less than 70
square feet of floor area
|
0
| |
|
Each habitable room containing at least 70 but
less than 100 square feet of floor area
|
1
| |
|
Each habitable room containing 100 or more square
feet of floor area
|
2
|
D.
ADDITION
ALTERATION
DEPARTMENT
DWELLING
MINOR REPAIR
ONE- OR TWO-FAMILY DWELLING
PERSON
UNIFORM DWELLING CODE
(1)
(2)
(3)
(4)
(5)
(6)
Definitions. As used in this section, the following
terms shall have the meanings indicated:
New construction performed on a dwelling which increases
the outside dimensions of the dwelling, to include patio slabs, pools,
storage tanks, pool decks, lean-to roofs and porches.
A substantial change or modification, other than an addition
or minor repair, to a dwelling or to systems involved within a dwelling,
to include extended roofs, siding, fireplaces and basement walls.
The Department of Safety and Public Service (DSPS).
[Amended 11-30-1999 by Ord. No. 113099B; 7-21-2020 by Ord. No. 07212020]
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 stairways 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.
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.
An individual, partnership, firm or corporation.
The Administrative Code provisions, and any future amendments,
revisions or modifications thereto, contained in the following chapters
of the Wisconsin Administrative Code:
[Amended 7-21-2020 by Ord. No. 07212020]
Chapter SPS 320, Administration and Enforcement.
Chapter SPS 321, Construction Standards.
Chapter SPS 322, Energy Conservation Standards.
Chapter SPS 323, Heating, Ventilating and Air-Conditioning
Standards.
Chapter SPS 324, Electrical Standards.
Chapter SPS 325, Plumbing and Potable Water
Standards.
[Added 8-16-1994 by Ord. No. 081694D; amended 7-21-2020 by Ord. No. 07212020]
A.
Wisconsin Administrative Code governing building,
heating, ventilating and air conditioning adopted. Except as otherwise
specifically provided in this Code, the regulatory provisions contained
in Chapters ILHR 50 and SPS 361 through 364 of the Wisconsin Administrative
Code, describing and defining regulations with respect to the State
of Wisconsin Building and Heating, Ventilating and Air Conditioning
Code, exclusive of any regulations for which the statutory penalty
is a term of imprisonment, are hereby adopted and by reference and
list made a part of this section. Any future amendments, revisions
or modifications to the foregoing regulatory provisions are incorporated
herein by reference and are intended to be made part of this section
in order to secure, to the extent legally practicable, uniform statewide
regulation of building, heating, ventilating and air conditioning
codes in the State of Wisconsin.
B.
List of Wisconsin Administrative Codes regulating building, heating, ventilating and air conditioning adopted. In addition to the provisions of the Wisconsin State Administrative Code adopted by Subsection A, including any duplication thereof, the following Administrative Code chapters are adopted by reference:
|
SPS 320 through 325
|
Administration and Enforcement
Definitions and Standards
General Requirements
| |
|
SPS 361 through 366
|
Structural Requirements
Factories, Office and Mercantile Buildings
Theaters and Assembly Halls
Schools and Other Places of Instruction
Residential Occupancies
Health Care, Detention and Correction Facilities
Hazardous Occupancies
Child Care Facilities
Community-Based Residential Facilities
Specialty Occupancies
| |
|
SPS 367 through 371
|
Energy Conservation
Heating, Ventilating and Air Conditioning
| |
|
SPS 375 through 379
|
Historical Building Code
Existing Buildings, Definitions and Standards
| |
|
SPS 361 through 365
|
Factories, Office and Mercantile Buildings
Theaters and Assembly Halls
Schools and Other Places of Instruction
Apartment Houses, Hotels and Places of Detention
|
A.
Appointment. The Building Inspector shall be recommended
by the Personnel Committee/Administrator and subject to confirmation
by the Village Board. The Building Inspector shall be certified for
inspection purposes by the Department of Safety and Public Service
(DSPS) in each of the categories specified under SPS 305.40 through
305.47 of the Wisconsin Administrative Code.
[Amended 11-30-1999 by Ord. No. 113099B; 7-21-2020 by Ord. No. 07212020]
B.
Subordinates. The Building Inspector may appoint,
as necessary, subordinates, which appointments shall be subject to
confirmation by the Board. Any subordinate hired to inspect buildings
shall be certified under Chapter IND 26 of the Wisconsin Administrative
Code by the Department of Safety and Public Service (DSPS).
[Amended 11-30-1999 by Ord. No. 113099B; 7-21-2020 by Ord. No. 07212020]
C.
Duties. The Building Inspector shall administer and
enforce all provisions of this chapter and the Uniform Dwelling Code.
D.
Powers. The Building Inspector 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 Building Inspector or his or her agent while in the
performance of his or her duties.
E.
Records. The Building Inspector shall perform all
administrative tasks required by the Department under the Uniform
Dwelling Code. In addition, the Inspector shall keep a record of all
applications for building permits in a book for such purpose 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,
indicating the kind of materials used and the cost of each building
and aggregate cost of all one- and two-family dwellings, shall be
kept.
A.
Building permits required. No one- or two-family dwelling,
initial construction of which shall be commenced after August 14,
1980, shall be built, enlarged, altered or repaired unless a building
permit for that work shall first be obtained by the owner, or his
or her agent, from the Building Inspector. Application for a building
permit shall be made, in writing, upon that form designated as the
Wisconsin uniform dwelling permit application.
(1)
Notwithstanding
s. SPS 320.05, the scope also includes the construction and inspection
of alterations and additions to one- and two-family dwellings built
before June 8, 1980. Because such projects are not under state jurisdiction,
petition for variance and final appeals under ss. SPS 320.19 and 320.20,
respectively, shall be decided by the municipal Board of Appeals.
Petitions for variance shall be decided per s. SPS 320.19 (intro.)
so that the 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
circumstance by precedent.
[Added 7-21-2020 by Ord. No. 07212020]
(2)
Notwithstanding
s. SPS 320.05, the scope is also included in the construction and
inspection of detached garages serving one- and two-family dwellings.
The building structure and any heating, electrical, or plumbing systems
shall comply with the Uniform Dwelling Code. Petitions for variance
and appeals shall be handled as in the previous Subsection A(1).
[Added 7-21-2020 by Ord. No. 07212020]
B.
Repairs and additions on one- or two-family dwelling,
which initial construction commenced after August 14, 1980, requiring
permit. No addition, alteration or repair to an existing one- or two-family
dwelling not deemed a minor repair by the Building Inspector shall
be undertaken unless a building permit for this work shall first be
obtained by the owner, or his or her agent, from the Inspector.
[Amended 7-21-2020 by Ord. No. 07212020]
C.
Submission of plans. The applicant shall submit three
sets of plans for all new one- and two-family dwellings or repairs
or additions to existing one- and two-family dwellings at the time
that the building permit application is filed.
D.
Issuance of permit. If the Building Inspector finds
that the proposed building or repair or addition complies with all
village ordinances and the Uniform Dwelling Code, the Inspector shall
officially approve the application, and a building permit shall be
subsequently issued to the applicant. The issued building permit shall
be posted in a conspicuous place at the building site. A copy of any
issued building permit shall be kept on file with the Building Inspector.
A.
No building of any kind shall be commenced, started early, altered, repaired or razed in the village without a permit and/or an occupancy permit being issued therefor by the Building Inspector and the paying of the proper fee(s). Further, no work shall be performed as governed by this chapter of this Code for the village which requires a permit without a permit being issued by the Building Inspector and the paying of the proper fee(s). Said fees shall be as set forth in Chapter 102, Fees and Penalties.
[Amended 11-30-1999 by Ord. No. 113099B; 11-5-2014 by Ord. No. 11052014]
B.
Failure to acquire the proper permits prior to commencement
of work will result in a fine equal to double the fee(s) for the permits
required.
[Amended 12-7-1988 by Ord. No. 12-07A-88]
A.
No person shall erect, use, occupy or maintain any one- or two-family dwelling in violation of any provision of the Uniform Dwelling Code or permit any such violation to be committed. Any person violating any of the provisions shall, upon conviction, be subject to a forfeiture as set forth in Chapter 102, Fees and Penalties, together with the costs of prosecution, and, if in default of payment thereof, shall be imprisoned for a period of not less than one day nor more than six months or until such forfeiture and costs are paid.
B.
If an inspection reveals a noncompliance with this
chapter or the Uniform Dwelling Code, the Building Inspector shall
notify the applicant and the owner, in writing, of the violation(s)
to be corrected. All cited violations shall be corrected within 30
days after written notification unless an extension of time is granted
pursuant to SPOS 320.10.
[Amended 7-21-2020 by Ord. No. 07212020]
C.
If, after written notification, the violation is not
corrected within 30 days, a stop-work order may be served on the owner
or his or her representative, and a copy thereof shall be posted at
the construction site. Such stop-work order shall not be removed except
by written notice of the Building Inspector after satisfactory evidence
has been supplied that the cited violation has been corrected.
D.
Each day each violation continues after the thirty-day
written notice period has run shall constitute a separate offense.
Nothing in this chapter shall preclude the village from maintaining
any appropriate action to prevent or remove a violation of any provision
of the Uniform Dwelling Code.
E.
If any construction or work governed by the provisions
of this chapter or the Uniform Dwelling Code is commenced prior to
the issuance of a permit, double fees shall be charged per day as
determined by the Building Inspector.
Any person feeling aggrieved by an order or
a determination of the Building Inspector may appeal from such order
or determination to the Board of Appeals. Those procedures customarily
used to effectuate an appeal to the Board of Appeals shall apply.[1]
This chapter shall not be construed as an assumption
of liability by the Village Board for damages because of injuries
sustained or property destroyed by any defect in any dwelling or equipment.
