Village of Belgium, WI
Ozaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Belgium 3-15-1993 by Ord. No. 6-93 (Title 14, Ch. 1 of the 1991 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Address numbers — See Ch. 84.
Construction site erosion control — See Ch. 123.
Floodplain zoning — See Ch. 143.
Land division — See Ch. 168.
Sewers and water — See Ch. 225.
Zoning — See Ch. 270.

§ 104-1 Title, purpose and scope.

A. 
Title. This chapter shall be known as the "Building Code of the Village of Belgium" and will be referred to in this chapter as "this code" or "this chapter."
B. 
Purpose. 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 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. New buildings hereafter erected in, or any building hereafter moved within, the Village 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 Chapter 270, Zoning, of the Village Code and amendments thereto to the date this chapter was adopted and in no way supersede or nullify such laws and Chapter 270, Zoning.

§ 104-2 State Uniform Dwelling Code adopted.

A. 
State code adopted. The Administrative Code provisions describing and defining regulations with respect to one- and two-family dwellings in Chs. COMM 20 through 25, Wis. Adm. Code, 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, 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's office.
[Amended 3-8-2010 by Ord. No. 2-10]
B. 
Definition. "Uniform Dwelling Code" means those Administrative Code provisions and any future amendments, revisions or modifications thereto contained in the following chapters of the Wisconsin Administrative Code:
(1) 
Chapter COMM 20, Administrative and Enforcement.
(2) 
Chapter COMM 21, Construction Standards.
(3) 
Chapter COMM 22, Energy Conservation Standards.
(4) 
Chapter COMM 23, Heating, Ventilating and Air Conditioning.
(5) 
Chapter COMM 24, Electrical Standards.
(6) 
Chapter COMM 25, Plumbing and Potable Water Standards.

§ 104-3 State Building, Plumbing and Electrical Codes adopted; elevations and footings.

A. 
Portions of State Building Code adopted. Chapters COMM 50 through 64 and 66, Wis. Adm. Code (Wisconsin State Building Code), are hereby adopted and made a part of this chapter with respect to those classes of buildings to which this Building Code specifically applies. Any future amendments, revisions and modifications of said Chs. 50 to 64 and 66 incorporated herein are intended to be made a part of this Code. A copy of said Chs. 50 to 64 and 66 and amendments thereto shall be kept on file in the office of the Village Clerk.
[Amended 6-12-1995 by Ord. No. 13-95; 3-8-2010 by Ord. No. 2-10]
B. 
State Plumbing Code adopted. The provisions and regulations of Ch. 145, Wis. Stats., and Chs. COMM 81, 82, 83 and 84 and 25, Wis. Adm. Code, are hereby made a part of this chapter 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 herein are intended to be made part of this chapter.
C. 
State Electrical Code adopted. The following chapters of the Wisconsin Administrative Code are adopted by reference and made a part of this chapter:
(1) 
Chapter COMM 16, Electrical Code, Volume 2.
(2) 
Chapter COMM 17, Electrical Inspection and Certification of Electrical Inspectors and Masters Electricians.
(3) 
Chapter COMM 17, Subchapter II, Electrical Inspection of Public Buildings and Places of Employment.
(4) 
Chapter COMM 24, Electrical Standards.
D. 
Elevations; footing certification. The top of foundation elevation shall be 18 to 24 inches above the top of the curb. A registered surveyor must inspect and certify to the Building Inspector that the footing forms are in place and that the location of the proposed building, the foundation elevation, and the grades will conform to Village ordinances and to the plans as previously approved. The Building Inspector may not make a footing inspection until such certification is filed with the Building Inspector.
[Amended 6-12-1995 by Ord. No. 13-95]

§ 104-4 New methods and materials.

A. 
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 Commerce 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 Commerce. The data, test and other evidence necessary to prove the merits of such material, method of construction or device shall be determined by the State Department of Commerce.

§ 104-5 Landscaping.

[Added 3-15-1993 by Ord. No. 8-93]
Whenever a structure is located, erected or moved on a previously vacant lot, the owner must adequately sod or seed the lot with appropriate ground covering within one year following occupancy of said structure.

§ 104-6 Grading.

[Added 9-11-2000 by Ord. No. 27-00]
Whenever a structure is located, erected or moved on a previously vacant lot, the owner shall complete the final grading of the lot prior to issuance of an occupancy permit under Chapter 270, Zoning, § 270-116. If said lot is included in a master grade plan on file with the Village, the final grading shall comply with the master grade plan.

§ 104-7 Unsafe buildings.

Whenever the Building Inspector and Village Board find any building or part thereof within the Village to be, in their 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, they 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.

§ 104-8 Enforcement officer.

The Village Building Inspector is 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 of Commerce in each of the categories specified under § IND 26.06, Wis. Adm. Code. The Building Inspector's duties shall be as set forth in § 270-113 of Chapter 270, Zoning.

§ 104-9 Permit and plans required; revocation of permit; report of violations.

A. 
Building permit. A building permit is required as set forth in § 270-115 of Chapter 270, Zoning.
B. 
Plans. With each application for a building permit there shall be submitted two complete sets of plans and specifications, including a certified survey showing the location and elevations of the proposed building with respect to adjoining streets, alleys, lot lines and buildings, and including the architectural design of the proposed building. Plans for buildings required to comply with the State Building Code shall bear a stamp of approval from the Wisconsin Department of Commerce. Such plans and specifications shall be submitted in duplicate. One set shall be returned after approval as hereinafter provided, and the other set shall remain on file in the office of the Village Clerk. All plans and specifications shall be signed by the designer. (Also see § 270-114 regarding submission of plans to the Plan Commission for review before issuance of building permit.)
[Amended 3-8-2010 by Ord. No. 2-10]
C. 
Revocation of permit. If the Building Inspector shall find at any time that any ordinances, laws, orders, plans, and specifications are not being complied with, and that the holder of the permit refuses to conform after a written warning or instruction has been issued to him, he shall revoke the permit by written notice posted at the site of the work. When any such permit is revoked, it shall be unlawful to do any further work thereunder until the permit is reissued, excepting such work as the Building Inspector may order to be done as a condition precedent to the reissuance of the permit or as he or she may require for the preservation of human life and safety.
D. 
Report of violations. Village officials and employees shall report at once to the Building Inspector any building which is being carried on without a permit as required by this chapter or other Village ordinance.

§ 104-10 Disclaimer on inspections.

The purpose of the inspections under this chapter is to improve the quality of housing in the Village. 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."

§ 104-11 Fees.

The fees for building permits and other permits shall be as determined by resolution of the Village Board.

§ 104-12 Severability.

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.

§ 104-13 Violations and penalties.

A. 
Any building or structure hereafter erected, enlarged, altered or repaired or any use hereafter established in violation of the provisions of this chapter 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 or to cause such building, structure or use to be removed. Any person violating this chapter may also be subject to a penalty as provided in Chapter 1, § 1-5 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 constitute a defense. Compliance with the provisions of this chapter may also be enforced by injunctional order at the suit of the owner or owners of any real estate within the jurisdiction of this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Notice of violation.
(1) 
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 to be corrected. All cited violations shall be corrected within 30 days after written notification unless an extension of time is granted pursuant to § COMM 20.10(1)(c), 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 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 chapter shall preclude the Village from maintaining any appropriate action to prevent or remove a violation of any provision of this chapter or the Uniform Dwelling Code.
(4) 
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.

§ 104-14 Appeals.

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, pursuant to the procedures set forth in Chapter 270, Zoning, §§ 270-96 through 270-104.

§ 104-15 Nonliability of Village employees.

Except as may otherwise be provided by statute or ordinance, no officer, agent or employee of the Village of Belgium charged with the enforcement of this chapter 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 or her duties under this chapter. 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 or her duties under this chapter shall be defended by the legal representative of the Village until the final determination of the proceedings therein.