[HISTORY: Adopted by the Village Board of the Village of
Randolph as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-7-1998 by Ord. No. 351 as Title 15, Ch. 1, of
the 1998 Code]
A.
Title. This article shall be known as the "Building Code of the Village
of Randolph" and will be referred to in this article as "this code"
or "this article."
B.
Purpose. This article 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 such buildings and/or structures. Its purpose is
to protect and foster the health, safety and well-being of persons
occupying or using such buildings and the general public.
C.
Scope.
(1)
New buildings hereafter erected in or any building hereafter moved within or into the Village shall conform to all the requirements of this article, 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. The provisions of this article supplement the laws of the State of Wisconsin pertaining to construction and use and Chapter 375, Zoning, of this Code, and amendments thereto, to the date this article was adopted and in no way supersede or nullify such laws and said Chapter 375, Zoning.
(2)
This code applies to all dwellings, commercial buildings/structures,
swimming pools, garages, structures, buildings, and residential accessory
buildings. Not included are children's play structures and agricultural
buildings.
(3)
These regulations are adopted under the authority granted by § 101.65,
Wis. Stats.
D.
Building Inspector. Due to the size of the Village of Randolph, it
may not be feasible to find a suitable person willing to take on the
responsibility of being Building Inspector on a part-time basis. It
is therefore provided that the function of the Building Inspector
can be delegated to a committee of the Board, to another Village official,
or a single member of the Board or the Village President. An officer
other than a Board member or another employee of the Village may also
be designated to handle the duties of Building Inspector on a part-time
basis in addition to the other duties performed by such person.
A.
Permit required.
(1)
General permit requirement. No building of any kind shall be moved
within or into the Village and no new building or structure, or any
part thereof, shall hereafter be erected, or ground broken for the
same, or enlarged, altered, moved, demolished, razed or used within
the Village, except as herein provided, until a permit therefor shall
first have been obtained pursuant to this article by the owner, or
his/her authorized agent, from the Building Inspector pursuant to
this section.
(a)
Prior to commencing any of the following work, the owner or
his/her agent shall obtain a valid permit for:
(b)
Exempted are reroofing and finishing of interior surfaces, installation
of cabinetry, and minor repairs as deemed by the Building Inspector.
However, unless structural calculations are provided, no more than
two layers of roofing shall be installed on a roof.
(2)
Alterations and repairs. The following provisions shall apply to
buildings altered or repaired:
(a)
Alterations. When any existing building or structure accommodates
a legal occupancy and use but is of a substandard type of construction,
then alterations which involve beams, girders, columns, bearing or
other walls, room arrangement, heating and air-conditioning systems,
light and ventilation, or changes in location of exit stairways or
exits, or any or all of the above, may be made in order to bring such
existing construction into conformity with the minimum requirements
of this chapter applicable to such occupancy and use and given type
of construction, when not in conflict with any other regulations.[2]
(b)
Repairs. Repairs for purposes of maintenance or replacements
in any existing building or structure which do not involve the 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 or use shall be deemed
minor repairs.
(c)
When alterations not permitted. When any existing building or
structure which, for any reason whatsoever, does not conform to the
regulations of this article has deteriorated from any cause whatsoever
to an extent greater than 50% of the equalized value of the building
or structure, no alterations or moving of such building or structure
shall be permitted. Any such building or structure shall be considered
a menace to public safety and welfare and shall be ordered vacated
and thereafter demolished and debris removed from the premises.
(d)
Alterations and repairs required. When any of the structural
members of any building or structure have deteriorated from any cause
whatsoever to less than their required strength, the owner of such
a building or structure shall cause such structural members to be
restored to their required strength, failing in which the building
or structure shall be considered a menace to public safety and shall
be vacated, and thereafter no further occupancy or use of the same
shall be permitted until the regulations of this article are complied
with.
(e)
Extent of deterioration. The amount and extent of deterioration
of any existing building or structure shall be determined by the Building
Inspector.
B.
Application.
(1)
Application for a building permit shall be made in writing upon a
form furnished by the Building Inspector and shall state the name
and address of the owner of the land and also the owner of the building
if different, the legal description of the land upon which the building
is to be located, the name and address of the designer, the use to
which said building is to be put and such other information as the
Building Inspector may require.
(2)
No building permit for any structure for which a building permit
is required shall be issued unless it has been found as a fact by
the Planning Board, by at least a majority vote, after a view of the
premises and an examination of the application papers for a building
permit, which shall include exterior elevations of the structure,
that the exterior architectural appeal and functional plan of the
structure will not be so at variance with, nor similar to, the exterior
architectural appeal and functional plan of the structures already
constructed or in the course of construction in the immediate neighborhood
as to cause a substantial depreciation in the property values of the
neighborhood.
(3)
On an appeal to the Village Board, in the absence of proof to the contrary adduced before the Village Board, a refusal of the Planning Board to make the findings required by Subsection B(2) shall be deemed to be based upon facts supporting the conclusion that the exterior architectural appeal and functional plan of the structure for which a building permit was refused would, when created, be so at variance with or so similar to either the exterior architectural appeal or functional plan of structures already constructed or in the course of construction in the immediate neighborhood so as to cause a substantial depreciation in the property values of the neighborhood.
C.
Dedicated street and approved subdivision required. No building permit
shall be issued unless the property on which the building is proposed
to be built abuts a street that has been dedicated for street purposes.
No building permits shall be issued until the subdivision and required
improvements are accepted by the Village Board.
D.
Utilities required.
(1)
Residential buildings. No building permit shall be issued for the
construction of any residential building until sewer, water, grading
and graveling are installed in the streets necessary to service the
property for which the permit is required and a receipt for payment
of electrical hookup is presented to the Building Inspector.
(2)
Nonresidential building. No building permit shall be issued for the
construction of any building other than residential until contracts
have been let for the installation of sewer, water, grading and graveling
in the streets necessary to service the property for which the permit
is requested.
E.
Plans. With such application, there shall be submitted two complete
sets of plans and specifications, including a plot plan showing the
location and dimensions of all buildings and improvements on the lot,
both existing and proposed, dimensions of the lot, dimensions showing
all setbacks of all buildings on the lot, proposed grade of proposed
structures (to Village datum), grade of the lot and of the street
abutting the lot, grade and setback of adjacent buildings (if the
adjacent lot is vacant, submit elevation of the nearest buildings
on the same side of street), type of monuments at each corner of the
lot, watercourses or existing drainage ditches, easements or other
restrictions affecting such property, seal and signature of a surveyor
or a certificate signed by the applicant and a construction erosion
control plan setting forth proposed information and procedures needed
for control of soil erosion, surface water runoff and sediment disposition
at the building site. Plans, specifications and plot plans shall be
drawn to a minimum scale of 1/4 inch to one foot (fireplace details
to 3/4 inch to one foot). One set of plans shall be returned after
approval as provided in this article. The second set shall be filed
in the office of the Building Inspector. Plans for buildings involving
the State Building Code shall bear the stamp of approval of the State
Department of Safety and Professional Services. One plan shall be
submitted which shall remain on file in the office of the Building
Inspector. All plans and specifications shall be signed by the designer.
Plans for all new one- and two-family dwellings shall comply with
the provisions of § SPS 320.09(4), Wis. Adm. Code.
F.
Waiver of plans; minor repairs.
(1)
Waiver. If the Building Inspector finds that the character of the
work is sufficiently described in the application, the Building Inspector
may waive the filing of plans for alterations, repairs or moving,
provided the cost of such work does not exceed $2,000.
(2)
Minor repairs. The Building Inspector may authorize minor repairs
or maintenance work on any structure or to heating, ventilating or
air-conditioning systems installed therein with a fair market value
of less than $500, as determined by the Building Inspector, including
market value of labor, which do not change the occupancy area, exterior
aesthetic appearance, structural strength, fire protection, exits,
light or ventilation of the building or structure without issuance
of a building permit.
G.
Approval of plans.
(1)
If the Building Inspector determines that the building will comply
in every respect with all ordinances and orders of the Village, he/she
shall issue a building permit, which shall state the use to which
said building is to be put, which shall be kept and displayed at the
site of the proposed building. After being approved, the plans and
specifications shall not be altered in any respect which involves
any of the above-mentioned ordinances, laws or orders, or which involves
the safety of the building or the occupants, except with the written
consent of the Building Inspector.
(2)
In case adequate plans are presented for part of the building only,
the Building Inspector, at his/her discretion, may issue a permit
for that part of the building before receiving the plans and specifications
for the entire building.
H.
Permit lapses. A building permit shall lapse and be void unless building
operations are commenced within one year or if construction has not
been completed within 18 months from the date of issuance thereof.[3]
I.
Revocation of permits.
(1)
The Building Inspector or the Village Board may revoke any building
permit or approval issued under the regulations of this article and
may stop construction or use of approved new materials, equipment,
methods of construction, devices or appliances for any of the following
reasons:
(a)
Whenever the Building Inspector shall find at any time that
applicable ordinances, laws, orders, plans and specifications are
not being complied with and that the holder of the permit refused
to conform after written warning or instruction has been issued to
him.
(b)
Whenever the continuance of any construction becomes dangerous
to life or property.
(c)
Whenever there is any violation of any condition or provisions
of the application for permit or of the permit.
(d)
Whenever, in the opinion of the Building Inspector, there is
inadequate supervision provided on the job site.
(e)
Whenever any false statement or misrepresentation has been made
in the application for permit, plans, drawings, data specifications
or certified lot or plot plan on which the issuance of the permit
or approval was based.
(2)
The notice revoking a building, plumbing, electrical or occupancy
permit or approval shall be in writing and may be served upon the
applicant for the permit, owner of the premises and his/her agent,
if any, and on the person having charge of construction.[5]
(3)
A revocation placard shall also be posted upon the building, structure,
equipment or premises in question by the Building Inspector or Village
representative.
(4)
After the notice is served upon the persons as aforesaid and posted,
it shall be unlawful for any person to proceed thereafter with any
construction operation whatsoever on the premises, and the permit
which has been so revoked shall be null and void, and before any construction
or operation is again resumed, a new permit, as required by this article,
shall be procured and fees paid therefor, and thereafter the resumption
of any construction or operation shall be in compliance with the regulation
of this article. However, such work as the Building Inspector may
order as a condition precedent to the reissuance of the building permit
may be performed, or such work as he/she may require for the preservation
of life and safety.
J.
Report of violations. Village officers shall report at once any building
which is being carried on without a permit as required by this article.
K.
Display of permit. Building permits shall be displayed in a conspicuous
place on the premises where the authorized building or work is in
progress at all times during construction or work thereon.
[Amended 5-5-2014 by Ord.
No. 406]
See Article II, Uniform Dwelling Code, of this chapter.
[Amended 5-5-2014 by Ord.
No. 406]
A.
Wisconsin Commercial Building Code adopted. Chapters SPS 361 through
366, Wis. Adm. Code (Wisconsin Commercial Building Code), are hereby
adopted and made a part of this article with respect to those classes
of buildings to which this Building Code specifically applies. Any
future amendments, revisions and modifications of said Chs. SPS 361
to 366 incorporated herein are intended to be made a part of this
code. A copy of said Chs. SPS 361 to 366 and amendments thereto shall
be kept on file in the office of the Village Clerk-Treasurer.
B.
State Plumbing Code adopted. The provisions and regulations of Ch.
145, Wis. Stats., and Chs. SPS 381 to 387, Wis. Adm. Code, are hereby
made a part of this article by reference and shall extend over and
govern the installation of all plumbing installed, altered or repaired
in the Village. Any further amendments, revisions and modifications
of said Wisconsin Statutes and Administrative Code incorporated herein
are intended to be made part of this article.
C.
State Electrical Codes. This code does hereby incorporate, adopt
and enforce, by reference, Ch. SPS 316, Wis. Admin. Code (Wisconsin
State Electrical Code Volume 2), Ch. SPS 324, Wis. Admin. Code (Uniform
Dwelling Code - Electrical Standards) and all subsequent amendments,
additions and recodifications thereto. Chapter SPS 324 Wis. Admin.
Code shall apply to all new one- and two-family residential buildings
as well as alterations and additions to all existing one- and two-family
residential buildings, to accessory buildings, and to new portions
of moved buildings.
[Amended 1-7-2019 by Ord.
No. 421]
D.
Additional
standards. The following provisions of the Wisconsin Administrative
Code are hereby adopted by reference and made a part of this article:
E.
Conflicts. If, in the opinion of the Building Inspector and the Village Board, the provisions of the State Building Code adopted by Subsection A of this section shall conflict with the provisions of the Federal Housing Administration standards in their application to any proposed building or structure, the Inspector and/or the Village Board shall apply the most stringent provisions in determining whether or not the proposed building meets the requirements of this section.
A.
All materials, methods of construction and devices designed for use
in buildings or structures covered by this article and not specifically
mentioned in or permitted by this article 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.
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.
Whenever the Village Board finds any building or part thereof
within the Village to be, in its judgment, so old, dilapidated or
out of repair as to be dangerous, unsafe, unsanitary or otherwise
unfit for human occupancy or use and so that it would be unreasonable
to repair the same, it shall order the owner to raze and remove such
building or part thereof or, if it can be made safe by repairs, to
repair and make safe and sanitary, or to raze and remove at the owner's
option. Such order and proceedings shall be as provided in § 66.0413,
Wis. Stats.
The purpose of the inspections under this article is to improve
the quality of housing in the Village of Randolph. 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, the following disclaimer
shall be applicable to all inspections under this article: "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."
A.
Demolition permit required. All persons who demolish or cause to
be demolished any structure or part of a structure larger than 400
square feet within the Village of Randolph shall apply for and obtain
a demolition permit from the Building Inspector prior to undertaking
any steps to demolish the structure.
B.
Application.
(1)
An
application for a permit to demolish all or part of a building shall
include the following information:
(a)
The name and address of the owner of the building on date of
application and, if different, on date of demolition;
(b)
The name, address and telephone number of the contractor(s)
performing the demolition work;
(c)
The date upon which demolition is to commence;
(d)
The date by which demolition shall be complete;
(e)
A list of all hazardous waste and hazardous and toxic substances
(as defined by § NR 661.03, Wis. Adm. Code, as amended from
time to time) contained in the building, a statement as to whether
the building contains asbestos [as defined by § 254.11(1),
Wis. Stats.], and a detailed description of the method to be used
in removing, transporting and disposing of any hazardous waste, hazardous
and toxic substances, and asbestos;[1]
(f)
A detailed description of how and where the waste materials
resulting from the demolition will be transported and disposed of
(including the description of the route to be used by trucks in hauling
the waste);
(g)
A description of the method of demolition to be used; and
(h)
A description in detail of all methods to be used to prevent
water runoff and soil erosion from the site to neighboring properties
and to prevent releasing unreasonable amounts of dust from the site.
(2)
Along
with the application for permit for demolition, the applicant shall
present a release from all utilities serving the property, stating
that their respective service connections and appurtenant equipment
such as meters and regulators have been removed or sealed and plugged
in a safe manner.
C.
Demolition. The demolition shall be conducted in a manner that is
safe and that does not adversely affect the environment.
D.
Clearing and leveling the site.
(1)
The site of any demolition shall be properly cleared of debris, rubbish
and pavement and shall be properly graded and leveled to conform with
the adjoining grade of the neighboring property; and when so graded
and leveled, the site shall be seeded, sodded or treated in some other
manner acceptable to the Building Inspector so as to prevent blowing
dust, dirt, or sand. Excavations remaining after demolition shall
be filled, graded and leveled off, not later than 30 consecutive days
after demolition is completed.
(2)
Excavations from demolished buildings or structures shall not be
filled with any materials subject to deterioration. The Building Inspector,
upon notification by the permit holder, the owner or his/her agent,
in writing and upon forms provided by the Building Inspector for that
purpose, shall, within 72 hours, inspect each excavation, or part
thereof, before filling any excavation.
(3)
It shall be unlawful to fill any such excavation without inspection
and approval of the Building Inspector. Voids in filled excavations
shall not be permitted. In the event of the unavailability of the
Building Inspector to conduct an inspection within the 72 hours after
written notice, the permit holder, owner or his/her agent may retain
the services of a certified, qualified municipal inspection service
to obtain an opinion that approves filling of the excavation. Said
opinion shall be deemed a sufficient approval by the Village, provided
that a written copy of the opinion is delivered to the Village Clerk-Treasurer
at least 48 hours before filling of the excavation commences.
E.
Removal and disposal. Removal, transportation and disposal of all
hazardous waste, hazardous and toxic substances, and asbestos shall
be conducted in compliance with all applicable state, federal and
local statutes, ordinances and regulations. The permit holder shall
give the Building Inspector 72 hours' written notice prior to any
removal, transportation or disposal of hazardous waste, hazardous
and toxic substances, and asbestos.
F.
Miscellaneous provisions.
(1)
A snow fence or other approved barricade shall be provided as soon
as any portion of the building is removed and shall remain during
razing operations.
(2)
Razing permits shall lapse and be void unless the work authorized
thereby is commenced within six months from the date thereof or completed
within 30 days from the date of commencement of said work. Any unfinished
portion of work remaining beyond the required 30 days must have special
approval from the Building Inspector.
(3)
All debris must be hauled away at the end of each week for the work
that was done in that week. Combustible material shall not be used
for backfill but shall be hauled away. There shall not be any burning
of materials on the site of the razed building.
(4)
If any razing or removal operation under this section results in,
or would likely result in, an excessive amount of dust particles in
the air creating a nuisance in the vicinity thereof, the permittee
shall take all necessary steps, by use of water spraying or other
appropriate means, to eliminate such nuisance.
(5)
The permittee shall take all necessary steps, prior to the razing
of a building, through the employment of a qualified person in the
field of pest control or by other appropriate means, to treat the
building as to prevent the spread and migration of rodents and insects
therefrom during and after the razing operations.
A.
Basement subflooring. First-floor subflooring shall be completed
within 60 days after the basement is excavated.
B.
Fencing of excavations. The owner of any premises on which there
exists an opening or excavation which is located in close proximity
to a public sidewalk or street right-of-way as to constitute a hazard
to pedestrian or vehicular traffic shall erect a fence, wall or railing
at least four feet high between such opening or excavation and the
public right-of-way.
C.
Closing of abandoned excavations. Any excavation for building purposes
or any uncovered foundation which shall remain open for more than
three months shall be deemed abandoned and a nuisance, and the Building
Inspector shall order that, unless the erection of the building or
structure on the excavation or foundation shall commence or continue
forthwith, suitable safeguards shall be provided to prevent accidental
injury to children or other frequenters or that the excavation or
foundation be filled to grade. Such order shall be served upon the
owner of record or the owner's agent, where an agent is in charge
of the premises, and upon the holder of an encumbrance of record in
the manner provided for service of a summons in the Circuit Court.
If the owner or the holder of an encumbrance of record cannot be found,
the order may be served by posting it on the premises and publication
in the official newspaper for two consecutive publications at least
10 days before the time for compliance stated in the order commences
to run. Such time shall be not less than 14 nor more than 20 days
after service. If the owner of the land fails to comply with the order
within the time required, the Building Inspector shall cause the excavation
or foundation to be filled to grade. The cost of such abatement shall
be charged against the real estate and entered on the next succeeding
tax roll as a special charge and shall bear interest at a rate established
by the Village Board from the date of the report by the Building Inspector
on the cost thereof, pursuant to the provisions of § 66.0627,
Wis. Stats.
A.
A duplex structure shall be allowed a common water service to the
curb stop, but each unit of said duplex shall have a separate outside
curb stop for the purpose of shutting water off in one unit without
disturbing the second unit.
B.
Structures over two units, if metered separately, shall also have
individual outside curb stops for the purpose of shutting water off
in one unit without disturbing other units.
C.
A common sewer service can be used for duplex and multiple-unit structures
from the sewer main to the structure.
A.
General requirements.
(1)
No person shall move any building or structure upon any of the public
ways of the Village without first obtaining a permit therefor from
the Building Inspector and upon the payment of the required fee. Every
such permit issued by the Building Inspector for the moving of a building
shall designate the route to be taken and the conditions to be complied
with and shall limit the time during which said moving operations
shall be continued.
(2)
A report shall be made by Village employees with regard to possible
damage to trees. The estimated cost of trimming, removal and replacement
of public trees, as determined by the Village, shall be paid to the
Village Clerk-Treasurer prior to issuance of the moving permit.
(3)
Issuance of a moving permit shall further be conditioned on approval
of the moving route by the Village Board.
B.
Moving damaged buildings. No building shall be repaired, altered
or moved within or into the Village that has deteriorated or has been
damaged by any cause (including such moving and separation from its
foundation and service connections in case of moved buildings) to
the extent of 50% or more of its equalized value, and no permit shall
be granted to repair, alter or move such building within or into the
Village. Furthermore, if the equalized assessed value of the building
is not within 20% of the surrounding buildings where the building
is proposed to be moved to, no permit shall be granted unless the
building is improved to be within the 20%. Such determination shall
be made by the Building Inspector, who may seek a recommendation from
the Village Assessor.
C.
Continuous movement. The movement of buildings shall be a continuous
operation during all the hours of the day and at night, until such
movement is fully completed. All such operations shall be performed
with the least possible obstruction to thoroughfares. No building
shall be allowed to remain overnight upon any street crossing or intersection
or so near thereto as to prevent easy access to any fire hydrant or
any other public facility. Lights shall be kept in conspicuous places
at each end of the building during the night.
D.
Street repair. Every person receiving a permit to move a building
shall, within one day after said building reaches its destination,
report that fact to the Building Inspector, who shall inspect the
streets, highways and curbs and gutters over which said building has
been moved and ascertain their condition. If the removal of said building
has caused any damage to any street or highway, the person to whom
the permit was issued shall forthwith place it in as good repair as
it was before the permit was granted. On the failure of said permittee
to do so within 10 days thereafter to the satisfaction of the Village
Board, the Village shall repair the damage done to such streets and
hold the person obtaining such permit and the sureties on his bond
responsible for the payment of same.
E.
Conformance with code. No permit shall be issued to move a building
within or into the Village and to establish it upon a location within
the said Village until the Building Inspector has made an investigation
of such building at the location from which it is to be moved and
is satisfied from such investigation that said building is in a sound
and stable condition and of such construction that it will meet the
requirements of this Building Code in all respects. A complete plan
of all further repairs, improvements and remodeling with reference
to such building shall be submitted to the Building Inspector, and
he/she shall make a finding of fact to the effect that all such repairs,
improvements and remodeling are in conformity with the requirements
of this Building Code and that, when the same are completed, the building
as such will so comply with said Building Code. In the event a building
is to be moved from the Village to some point outside the boundaries
thereof, the provisions with respect to the furnishing of plans and
specifications for proposed alterations to such building may be disregarded.
F.
Bond.
(1)
Before a permit is issued to move any building over any public way
in the Village, the party applying therefor shall give a bond to the
Village of Randolph in a sum to be fixed by the Building Inspector
and which shall not be less than $5,000, said bond to be executed
by a corporate surety or two personal sureties to be approved by the
Village Board or designated agent, conditioned upon, among other things,
the indemnification of the Village for any costs or expenses incurred
by it in connection with any claims for damages to any persons or
property and the payment of any judgment, together with the costs
and expenses incurred by the Village in connection therewith arising
out of the removal of the building for which the permit is issued.
(2)
Unless the Building Inspector, upon investigation, shall find it to be a fact that the excavation exposed by the removal of such building from its foundation shall not be so close to a public thoroughfare as to permit the accidental falling therein of travelers or the location, nature and physical characteristics of the premises and the exposed excavation such as to make intrusion upon the premises and the falling into such excavation of children under 12 years of age unlikely, the bond required by Subsection F(1) shall be further conditioned upon the permittee erecting adequate barriers and, within 48 hours, filling in such excavation or adopting and employing such other means, devices or methods approved by the Building Inspector and reasonably adopted or calculated to prevent the occurrences set forth herein.
G.
Insurance. The Building Inspector shall require, in addition to said
bond above indicated, public liability insurance covering injury to
one person in the sum of not less than $500,000 and for one accident,
aggregate not less than $1,000,000, together with property damage
insurance in a sum not less than $500,000, or such other coverage
as deemed necessary.
H.
Village Board approval.
(1)
No such permit shall be issued unless it has been found as a fact by the Village Board, by at least a majority vote, after an examination of the application for the permit, which shall include exterior elevations of the building and accurate photographs of all sides and views of the same and, in case it is proposed to alter the exterior of said building, plans and specifications of such proposed alterations, and after a view of the building proposed to be moved and of the site at which it is to be located, that the exterior architectural appeal and functional plans of the building to be moved or moved and altered will not be so at variance with either the exterior architectural appeal and functional plan of the buildings already constructed or in the course of construction in the immediate neighborhood or with the character of the applicable district established by the zoning ordinances of the Village or any ordinance amendatory thereof or supplementary thereto as to cause a substantial depreciation of the property values of said neighborhood within said applicable district. In case the applicant proposes to alter the exterior of said building after moving the same, he/she shall submit, with his/her application papers, complete plans and specifications for the proposed alterations. Before a permit shall be issued for a building to be moved and altered, the applicant shall give a cash bond to the Village Board, which shall not be less than $5,000, to be executed in the manner provided in Subsection F hereof, to the effect that he will, within a time to be set by the Village Board, complete the proposed exterior alterations to said building in the manner set forth in his/her plans and specifications. This bond shall be in addition to any other bond or surety which may be required by other applicable ordinances of the Village. No occupancy permit shall be issued for said building until the exterior alterations proposed to be made have been completed.
(2)
Upon application being made to the Building Inspector, he/she shall request a meeting of the Village Board to consider application for moving permits which he/she has found comply, in all respects, with all other ordinances of the Village. The Village Board may, if it desires, hear the applicant for the moving permit in question and/or the owner of the lot on which it is proposed to locate the building in question, together with any other persons, either residents or property owners, desiring to be heard, giving such notice of hearing as it may deem sufficient. Such hearing may be adjourned for a reasonable length of time, and within 48 hours after the close of the hearing, the Village Board shall, in writing, make or refuse to make the finding required by Subsection H(1) hereof and file it in the office of the Village Clerk-Treasurer, who shall send a copy of it to the Building Inspector.
Village streets are to be kept clean of dirt and debris from all construction sites. The primary contractor for any construction project shall be responsible for sweeping streets of debris within 24 hours of the incident. The Village of Randolph will clean said street(s) if the work is not done within 24 hours of the incident and charge the current established costs to the contractor for the work. Failure to pay said costs within 30 days of receipt of the billing shall be deemed a violation of this section and shall be subject to the penalty provisions of § 1-4 of this Code.
Fees shall be paid with the application for the appropriate
permit designated. Fee amounts shall be as established by resolution
of the Village Board.[1]
A.
Any building or structure hereafter erected, enlarged, altered or repaired or any use hereafter established in violation of the provisions of this article shall be deemed an unlawful building, structure or use. The Building Inspector shall promptly report all such violations to the Village Board and Village Attorney, who shall bring an action to enjoin the erection, enlargement, alteration, repair or moving of such building or structure or the establishment of such use of buildings in violation of this article or to cause such building, structure or use to be removed, and such violation may also be subject to a penalty as provided in § 1-4 of this Code. In any such action, the fact that a permit was issued shall not constitute a defense, nor shall any error, oversight or dereliction of duty on the part of the Building Inspector or other Village officials constitute a defense. Compliance with the provisions of this article may also be enforced by injunctional order at the suit of the owner or owners of any real estate within the jurisdiction of this article.[1]
B.
Notice of violation.
(1)
If an inspection reveals a noncompliance with this article or the
Uniform Dwelling Code, the Building Inspector shall notify the applicant
and the owner, in writing, of the violation to be corrected. All cited
violations shall be corrected within 30 days after written notification,
unless an extension of time is granted pursuant to § SPS
320.21(3), Wis. Adm. Code.
(2)
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.
(3)
Each day each violation continues after the thirty-day written notice
period has run shall constitute a separate offense. Nothing in this
article shall preclude the Village from maintaining any appropriate
action to prevent or remove a violation of any provision of this article
or the Uniform Dwelling Code.
(4)
If any construction or work governed by the provisions of this article
or the Uniform Dwelling Code is commenced prior to the issuance of
a permit, double fees shall be charged.
C.
Any person feeling aggrieved by an order or a determination of the
Building Inspector may appeal from such order or determination to
the Zoning Board of Appeals. Those procedures customarily used to
effectuate an appeal to the Zoning Board of Appeals shall apply.
D.
Except as may otherwise be provided by statute or ordinance, no officer,
agent or employee of the Village of Randolph charged with the enforcement
of this article shall render himself personally liable for any damage
that may accrue to persons or property as a result of any act required
or permitted in the discharge of his duties under this article. Any
suit brought against any officer, agent or employee of the Village
as a result of any act required or permitted in the discharge of his/her
duties under this article shall be defended by the legal representative
of the Village until the final determination of the proceedings therein.
[Adopted 11-1-2004 by Ord. No. 369 (Title 15, Ch. 8, of the
1998 Code)]
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 required local uniformity with
the administrative and technical requirements of the Wisconsin Uniform
Dwelling Code.
The scope of this article includes the construction and inspection
of one- and two-family dwellings built since June 1, 1980. Notwithstanding
§ SPS 320.05, Wis. Adm. Code, the scope includes the construction
and inspection of alterations and additions to one- and two-family
dwellings built before June 1, 1980, and notwithstanding § SPS
320.05, Wis. Adm. Code, the scope also includes the construction and
inspection of detached garages serving one- and two-family dwellings.
The building structure and heating, electrical or plumbing systems
shall comply with the Wisconsin Uniform Dwelling Code.
The Wisconsin Uniform Dwelling Code, Chs. SPS 320 to 325 of
the Wisconsin Administrative 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. Additionally, this or other assistant inspectors shall
possess the certification categories of UDC, HVAC, UDC Electrical
and UDC Plumbing.
No person shall, in excess of $1,000 final end value in any
twelve-month period, build, add onto or alter any building within
the scope of this article without first obtaining a building permit
for such work from the Building Inspector. Any structural changes
or major changes to mechanical systems shall require permits. Restoration
or repair of an installation to its previous code-compliant condition
as determined by the Building Inspector is exempted from permit requirements.
Residing, reroofing (except when replacing sheeting and/or structural
supports), and refinishing of interior surfaces shall be exempted
from permit requirements,
The building permit fees shall be determined by resolution.
The enforcement of this article and all other laws and ordinances relating to building shall be by means of the withholding of building permits, imposition of forfeitures and injunctive action. Forfeitures shall be as provided in § 1-4 of this Code.
