[HISTORY: Adopted by the Common Council of the City of Markesan
as Ch. 14 of the 1991 Municipal Code. Amendments noted where applicable.]
The purpose of this chapter is to regulate the construction of new buildings and building additions to insure that all such construction is in compliance with the setback requirements of Chapter 400, Zoning. In addition, the purpose is to insure that all such construction and remodeling is in compliance with the use requirements set forth in Chapter 400, Zoning. This chapter is not intended to provide for City inspection of any construction under the State Building Code.
A.
Permit required. No person shall commence to construct any building
or an addition to any building, or commence to remodel any building
until a construction and remodeling permit is obtained from the Clerk-Treasurer.
B.
Exceptions. No permit is required for replacement shingles, furnaces
or fixtures.
[Amended by Ord. No. 179; 4-14-2015 by Ord. No.
233]
C.
City applications. Applications for construction and remodeling permits
shall be submitted to the Building Inspector who shall forward the
same to the Street, Building and Utilities Committee. The application
shall include the following:
[Amended by Ord. No. 155]
(1)
For new buildings and additions to buildings:
D.
State one- and two-family dwelling application. Applicants for the
construction of one- or two-family dwellings shall submit the Wisconsin
Administrative Building Permit Application to the Clerk-Treasurer.
E.
Permit fees. Permit fees shall be as set from time to time by resolution
of the Common Council. Interior nonstructural changes in one- and
two-family dwellings, except plumbing, shall not require a permit
fee. Further, the following types of work are also exempt from permit
fees (This list is for example purposes and is not totally inclusive.):
[Amended by Ord. No. 149; Ord. No. 151; Ord. No. 179; 4-14-2015 by Ord. No.
233]
(1)
Sidewalks.
(2)
Sheds and porches 100 square feet or less.
(3)
Roof shingles (not including sheathing).
(4)
Window and door replacements equal or less than existing openings.
(5)
Satellite dishes.
(6)
TV antennas.
(7)
Siding or painting.
(8)
Heating systems, except for solid-burning-fuel and hot water systems.
F.
Issuance of permit. After reviewing the application and inspecting
the site of new construction, the Building Inspector shall issue the
permit if the proposed construction or remodeling complies with this
chapter.
[Amended by Ord. No. 155; 4-14-2015 by Ord. No.
233]
[Added by Ord. No. 147]
A.
The Wisconsin Administrative Code provisions describing and defining
regulations with respect to one- and two-family dwellings in Wis.
Adm. Code Chs. SPS 320 through 325 are hereby adopted and by reference
made a part of this chapter as if fully set forth herein. Any act
required to be performed or prohibited by an Administrative Code provision
incorporated herein by reference is required or prohibited by this
chapter. Any future amendments, revision 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 City. A copy of these Administrative Code provisions
and any future amendments shall be kept on file in the Clerk-Treasurer's
office.
B.
CONSTRUCTION STANDARDS
(1)
(2)
(3)
(4)
DEPARTMENT
DWELLING
ONE- OR TWO-FAMILY DWELLING
PERSON
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Portions of state code adopted. The following provisions,
so far as applicable, are adopted by reference and made a part of
this section. A violation of any of the provisions thereof shall constitute
a violation of this section.
[Added 3-12-2019 by Ord.
No. 250]
Uniform Building Code, Wis. Admin. Code Chs. SPS 320 through
325.
Commercial Building Code, Wis. Admin. Code Chs. SPS 361 through
366.
Wis. Admin. Code Ch. SPS 367, Retail Unit Energy Efficiency.
Wisconsin Administrative Code, Department of Safety and Professional
Services Chapter 316, Electrical, as adopted in its entirety effective
January 1, 2019.
The Department of Safety and Professional Services.
A building structure which contains one or two 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.[1]
[1]
Editor's Note: The former definition of "uniform dwelling
code," which immediately followed this definition, was repealed 3-12-2019
by Ord. No. 250. See now the definition of "construction standards."
C.
Method of enforcement.
(1)
Certified inspector to enforce. The Building Inspector and his delegated
representatives are hereby authorized and directed to administer and
enforce all of the provisions of the Uniform Dwelling Code. The Building
Inspector shall be certified for inspection purposes by the Department
in each of the categories specified under Wis. Adm. Code § SPS
305.63.
(2)
Subordinates. The Building Inspector may appoint, as necessary, subordinates
as authorized by the Common Council.
(3)
Duties. The Building Inspector shall administer and enforce all provisions
of this chapter and the Uniform Dwelling Code.
(4)
Inspection 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 Inspector or his agent while in performance of his
duties.
(5)
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.
No person shall construct a fence in the City until the Clerk-Treasurer
has issued a permit therefor.
B.
The fee for a fence permit shall be as set from time to time by resolution
of the Common Council.
[Amended by Ord. No. 151; 4-14-2015 by Ord. No.
233]
C.
Requirements. No fence shall exceed six feet in height and shall
not be constructed within 18 inches of any lot line.
[Amended 4-14-2015 by Ord. No. 233; 3-10-2020 by Ord. No. 258]
A.
Purpose. The purpose of this section is to regulate private outdoor
swimming pools to promote the health, safety and general welfare of
the public.
B.
Definition. Private outdoor swimming pools are man-made rigid or
semi-rigid receptacles for water having a capacity depth at any point
greater than 18 inches, used or intended to be used for swimming,
wading or bathing; including pools installed or maintained in-ground
or above ground and which are used exclusively by the owner, occupant
or guests of the property on which the pool is located.
(1)
Permanent pools are private outdoor swimming pools installed in such
a manner that the pool will remain in place as a fixture throughout
the full year and will be considered as a permanent or semi-permanent
structure on the land. The term includes all structural facilities,
appliances and appurtenances, equipment and other items used and intended
to be used for the operation and maintenance of a pool. This also
includes in-ground hot tubs.
(2)
Portable/temporary pools are aboveground private outdoor swimming
pools that are installed in such a manner that the pool can be disassembled
for transportation, storage or relocation and includes portable pools
with flexible nonrigid walls that achieve structural integrity by
means of uniform shape, support frame, or a combination thereof. This
also includes aboveground hot tubs.
(3)
Exempt pools. Storable children's swimming or wading pools with
a maximum dimension of 15 feet and a maximum wall height of 18 inches
and which are so constructed that they may be readily disassembled
for storage and reassembled to their original integrity are exempt
from the provisions of this section.
C.
Permit required. Before work is commenced on the construction or
assembly of a permanent private outdoor swimming pool, an application
for a building permit must be submitted in writing to the Building
Inspector. Any required plans, maps, specifications and pertinent
explanatory data should be submitted to the Building Inspector at
the time of application. No work or any part of the work shall be
commenced until a written permit for such work is obtained by the
applicant. The required building permit fee pursuant to the City Building
Code shall accompany such application.
D.
Construction requirements. In addition to such other requirements
as may be reasonably imposed by the Building Inspector, the Building
Inspector shall not issue a permit for a permanent private outdoor
swimming pool unless the following construction requirements are observed:
(1)
Approved materials. All materials and methods of construction in
the construction, alteration, addition, remodeling or other improvements
and pool installation shall be in accord with all state regulations
and codes and with any and all ordinances of the City now in effect
or hereafter enacted.
(2)
Plumbing. All plumbing work shall be in accordance with all applicable
ordinances of the City and all state codes. Every private or residential
swimming pool shall be provided with a suitable draining method, and
in no case shall waters from any pool be drained into the sanitary
sewer system or onto lands of other property owners adjacent to that
on which the pool is located or in the general vicinity.
(3)
Electrical installations. All electrical installations, including
lighting and heating but not limited thereto, which are provided for,
installed and used in conjunction with a private swimming pool shall
be in conformance with the state laws and City ordinances regulating
electrical installations.
E.
Setbacks and other requirements.
(1)
All private outdoor swimming pools shall be erected or constructed
in rear or side yards only and only on a lot occupied by a principal
building. No pool shall be erected or constructed on an otherwise
vacant lot. A lot shall not be considered vacant if the owner owns
the contiguous lot and the said lot is occupied by a principal building.
(2)
All private outdoor swimming pools shall be at least 10 feet from
any lot line or building unless designed and approved as an addition
to a building and in no case shall the pool be allowed closer than
what is permitted for an accessory structure.
F.
Life preservers required. All private outdoor swimming pools shall
be equipped with a minimum of one throwing ring buoy or equivalent
life preserver.
G.
Enclosures. All permanent private outdoor swimming pools must be
enclosed by one of the following means:
(1)
A fence or other solid structure not less than four feet in height
completely enclosing the pool with no opening therein (other than
doors or gates) larger than three inches square. All gates or doors
opening through the enclosure shall be equipped with self-closing
and self-latching devices and kept securely closed at all times when
not in actual use.
(2)
An approved barrier consisting of a solid wall of durable material
of which the pool itself is constructed and shall extend directly
above the vertical water-enclosing wall of the pool. Such walls shall
extend more than three feet above the level of the ground immediately
adjacent to the pool. Such a solid pool wall barrier shall not be
located within six feet of any other wall or fence or other structure
which can be readily climbed by children. Every entrance to a pool,
such as a ladder, must be secured or adequately safeguarded to prevent
unauthorized entry into the pool.
(3)
The pool enclosures described in the subsections above may be omitted
where permanent private outdoor swimming pools are installed above
ground and have a raised deck around the entire pool perimeter with
an attached enclosed railing and gate with a minimum measurement of
36 inches high on the top.
H.
Portable
pools. All portable/temporary pools shall be adequately covered, fenced,
or drained and stored when not in use. Every entrance to a pool, such
as a ladder, must be secured or adequately safeguarded to prevent
unauthorized entry into the pool. Children should never be left unsupervised
around a portable pool.
[Amended 7-14-2020 by Ord. No. 261]
I.
Compliance. All private outdoor swimming pools existing at the time
of passage of this chapter not satisfactorily fenced shall comply
with the fencing requirements of this section when water is placed
in the pool. Enclosures on existing pools shall be inspected by the
Building Inspector for compliance. Variations in enclosure requirements
that do not adversely affect the health, safety and general welfare
of the public may be approved.
J.
Pool draining. No private outdoor swimming pools shall be constructed
to allow water from the pool to drain into a sanitary sewer or septic
tank or onto any adjoining property. Provisions may be made for draining
the contents of a swimming pool into a storm sewer, but such installation
shall be subject to prior approval by the Water Department Superintendent
and/or Building Inspector.
K.
Filter system required. All private outdoor swimming pools within
the meaning of this section must have a filtration system in place
to assure proper circulation of the pool water and maintenance of
the proper bacterial quality.
L.
Dirt bottoms prohibited. All private outdoor swimming pools shall
have the sides and bottom of a smooth, impervious finish, and no sand
or dirt bottom shall be permitted.
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-3 of the Code of the City of Markesan.
