[HISTORY: Adopted by the Village Board of the Village of Black Earth 8-5-2003 by Ord. No. 03-O-8 (Ch. 11 of the 1990 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Erosion, sediment and water runoff control — See Ch. 140.
Fire prevention — See Ch. 147.
Property maintenance — See Ch. 208.
Sewer Utility — See Ch. 221.
Water Utility — See Ch. 261.
Floodplain zoning — See Ch. 280.
Shoreland-wetland zoning — See Ch. 290.
Subdivision of land — See Ch. 295.
Zoning — See Ch. 310.
This chapter shall be known as the "Building Code of the Village of Black Earth" and will be referred to in this chapter as "this code" or "this chapter."
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.
New buildings hereafter erected in, or any building hereafter moved within or into, 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 310, 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 310, Zoning.
A. 
General requirement. No person shall perform or authorize the performance within the Village of building, heating, ventilating, air-conditioning, plumbing, electrical or gas installation work, whether initial or new construction or remodeling, alteration, addition or replacement, unless the required permit or license therefor is obtained. The licenses described in this chapter shall be issued by the Building Inspector or his or her representative.
B. 
Alterations and repairs. The following provisions shall apply to buildings altered or repaired:
(1) 
Alterations. When not in conflict with any regulations, if alterations are made to any existing building or structure accommodating a legal occupancy and use but of substandard type of construction which involve either beams, girders, columns, bearing or other walls, room arrangement, heating and air-conditioning systems, light and ventilation, changes in location of exit stairways or exits, or any or all of the above, then such existing construction shall be made to conform to the minimum requirements of this chapter applicable to such occupancy and use and given type of construction.
(2) 
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.
(3) 
When not permitted. When any existing building or structure which for any reason whatsoever does not conform to the regulations of this chapter 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.
(4) 
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 chapter are complied with.
(5) 
Extent of deterioration. The amount and extent of deterioration of any existing building or structure shall be determined by the Building Inspector.
A. 
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, the legal description of the land upon which the building is or is to be located, the name and address of the contractor, the use to which such building is to be put, and such other information as the Building Inspector may require.
B. 
Permits for buildings, structures or work under this chapter shall be issued by the Village Building Inspector only if in compliance with the permitted use in a particular district, provided that it conforms to all requirements and regulations of such district in which such use is located However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land or public facilities and of the public need for the particular use at a particular location. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district, provided that due consideration is given to location, development and operation of such uses. Such uses are classified as conditional uses, and no permits shall be issued by the Village Building Inspector until the conditional use requirements of Chapter 310, Zoning, are complied with.
No building permit shall be issued unless the property on which the building is proposed to be built abuts a street that has been platted for street purposes.
A. 
Residential and nonresidential buildings. No building permit shall be issued for the construction of any building until sewer, water, grading and graveling are installed in the streets necessary to service the property for which the permit is required.
B. 
Occupancy. No person shall occupy any building until sewer, water, grading, graveling, curb and gutter and a minimum of two inches of bituminous pavement have been installed in the streets necessary to service the property, and a certificate of occupancy shall not be issued until such utilities are available to service the property.
Applications shall be submitted with the following plans. All building plans and specifications shall be drawn to a minimum scale of 1/8 inch to one foot. Plot plan shall be drawn to minimum scale of one inch to 40 feet. One set of building plans shall be returned after approval, as provided in this chapter. 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 Commerce. 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-family and two-family dwellings shall comply with the provisions of Wis. Adm. Code, § SPS 301-388, as applicable.
A. 
Building plans. Two complete sets of plans and specifications, including heat loss calculations, shall be provided.
B. 
Plot plan.
(1) 
The plot plan shall include the street address and/or subdivision name and lot number; the location and dimensions of all buildings and improvements on the lot, both existing and proposed, including fences, sewer laterals and/or septic systems, water services and/or wells; dimensions of the lot; dimensions showing all setbacks of all buildings on the lot; proposed grade of proposed structure (to Village datum); grade of any lot and of any street abutting lot; the location and dimensions of all street fixtures abutting and within 50 feet each way of the lot, including curb and gutter, sidewalks, utility poles, fire hydrants, driveways and curb cuts, and street trees; the location, type of surface, and dimension of proposed driveways and parking areas; grade and setback of adjacent buildings (if adjacent lot is vacant, submit elevation of nearest building on same side of street); type of monuments at each corner of lot; watercourses or existing drainage ditches; proposed drainage measures; easements or other restrictions affecting such property; and seal and signature of surveyor or a certificate signed by the applicant identifying the person and/or name of the firm having prepared the plot plan and that he or she is acting as an authorized agent of the owner of the property.
(2) 
For lots with uses requiring or having five or more parking spaces or which have lot area in excess of 20,000 square feet, the plot plan shall also show the locations and dimensions of any existing and/or proposed traffic and parking layout (including any pavement marking or other traffic controls), pedestrian walkways and sidewalks, temporary or permanent signing elements, provisions for refuse storage and disposal containers, screening and landscaping, and site lighting.
C. 
Construction site erosion control plan.[1] A checklist control plan shall be approved by the Director of Public Works or Building Inspector and signed by the applicant prior to the issuance of an early start permit or building permit. Estimated costs to install and maintain control measures shall be listed. If estimated costs exceed $5,000 or if the applicant has or had violated the construction site erosion control ordinance within 18 months of submitting the application, the Director of Public Works or Building Inspector shall require, as a condition of approval and issuance of a building permit, the deposit of a surety bond or irrevocable letter of credit to guarantee proper execution of the approved control plan. The amount of the surety shall be established by the Village Engineer, based on the Village Engineer's estimate of the cost to install and maintain the required construction site erosion control measures.
[1]
Editor's Note: See also Ch. 140, Erosion, Sediment and Water Runoff Control.
A. 
Plan waiver. If the Building Inspector finds that the character of the work is sufficiently described in the application, he or she may waive the filing of plans for alterations, repairs or moving.
B. 
Minor repairs. The Building Inspector may authorize minor repairs or maintenance work on any structure or to electrical, heating, ventilating or air-conditioning systems installed therein valued at less than $1,000 which does 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.
If the Building Inspector determines that the building will comply in every respect with all ordinances and orders of the Village and all applicable laws and orders of the State of Wisconsin, he or she shall issue a building permit which shall state the use to which such 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. In case adequate plans are presented for part of the building only, the Building Inspector, at his or her discretion, may issue a permit for that part of the building before receiving the plans and specifications for the entire building.
Except as otherwise specifically provided, all permit, license and inspection fees required under this chapter shall be collected by the Building Inspector or municipal office prior to the issuance of the permit or license. No permit or license shall be issued or reissued, or inspection performed, until the required fees are paid.
A. 
The builder shall notify the Building Inspector when ready for inspections and the Building Inspector shall inspect within two business days after notification of all buildings at the following stages of construction. In general, the following inspections shall be completed for all building projects whenever applicable:
(1) 
Footing inspection. To be completed after forms and required reinforcing are in place but before concrete is poured.
(2) 
Foundation inspection. To be completed after forms are removed but before backfilling. Drain tiles (when required) shall be in place and foundation waterproofing and insulation shall be applied.
(3) 
Rough inspection. To be completed for all electrical, plumbing and heating, ventilating and air-conditioning installations and all general construction and framing work. Inspections shall be completed after all rough work is finished but before it is covered or concealed.
(4) 
Insulation/energy inspection. To be completed after insulation and vapor barrier are in place but before they are covered or concealed.
(5) 
Final inspection. To be completed for all electrical, plumbing and heating, ventilating and air-conditioning installations and all general construction work after all work is finished but before use or occupancy of the building or part thereof.
B. 
If the Building Inspector finds that the work conforms to the provisions of this chapter, he or she shall issue a certificate of occupancy which shall contain the date and result of such inspection, a duplicate of which shall be filed in the office of the Building Inspector.
A. 
General. Permits issued under this chapter, except permits for one- and two-family dwelling units, shall lapse and be void unless construction or work thereunder has commenced within six months, or if construction has not been completed within one year, from the date of issuance. Construction has commenced if the footing or foundation has been excavated to a point where footings or foundation work can begin.
B. 
One- and two-family dwellings. Permits for one- and two-family dwelling unit construction, remodeling and additions shall be valid for a period of 24 months from date of issuance.
C. 
Reissuance of permits. In the event any work for which a permit was issued is not completed within 24 months for one- and two-family dwelling units and within one year for other construction or work authorized by a valid permit issued under this chapter, then such permit shall lapse and be void and no construction or work shall begin or resume until a new permit is obtained and the fee prescribed under this chapter is paid. No permit shall be reissued until all approvals required by this chapter at the time of reapplication have been given. The fee for reissuance of a permit shall be 1/2 of the required fee at the time of reapplication unless work has proceeded without a permit or under a lapsed permit, in which event full fees shall be paid.
A. 
The Building Inspector may revoke or suspend any building, plumbing or electrical permit, certificate or occupancy, or approval issued under the regulations of this chapter and may stop construction or use of approved new materials, equipment, methods of construction, devices, or appliances for any of the following reasons:
(1) 
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 construction has been issued to him or her.
(2) 
Whenever the continuance of any construction becomes dangerous to life or property.
(3) 
Whenever there is any violation of any condition or provisions of the application for permit or of the permit.
(4) 
Whenever, in the opinion of the Building Inspector, there is inadequate supervision provided on the job site.
(5) 
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.
(6) 
Whenever there is a violation of any of the conditions of an approval or occupancy given by the Building Inspector for the use of all new materials, equipment, methods of construction, devices or appliances.
B. 
The notice revoking a building, plumbing or electrical permit, certificate of occupancy, or approval shall be in writing and may be served upon the applicant for the permit, owner of the premises and his or her agent, if any, and on the person having charge of construction.
C. 
A revocation placard shall also be posted upon the building, structure, equipment, or premises in question by the Building Inspector.
D. 
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 chapter, shall be procured and fees paid therefor, and thereafter the resumption of any construction or operation shall be in compliance with the regulations of this chapter. 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 or she may require for the preservation of life and safety.
E. 
Appeals of such revocations or suspensions may be taken within the time prescribed by such code to the Village Board of Appeals.
A. 
Law enforcement officers and other Village officers shall report at once to the Building Inspector any building which is being carried on without a permit as required by this chapter.
B. 
Records. The Building Inspector shall keep a record of all permits, fees and inspections and shall make an annual report thereon to the Village Clerk-Treasurer.
The permit 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.
A. 
When required. It is unlawful for any person to use or permit the use of any building or premises, or part thereof, hereafter erected, changed, converted or enlarged, wholly or partially, in use or structure until a certificate of occupancy shall have been issued by the Building Inspector. Such certificate of occupancy shall not be issued until all final inspections under this chapter and under Chapter 310, Zoning, have been satisfactorily completed.
B. 
Inspections.
(1) 
The Building Inspector shall make a final inspection of all new buildings, additions and alterations. If no violations of this chapter or any other ordinance are found, the Building Inspector shall issue a certificate of occupancy stating the purpose for which the building is to be used. Action to approve or deny any application for a permit or certificate of occupancy under this chapter shall be taken promptly and in no case longer than 14 days from the date the application is filed with the Building Inspector.
(2) 
No building or part thereof shall be occupied until a certificate of occupancy has been issued, nor shall any building be occupied in any manner which conflicts with the conditions set forth in the certificate of occupancy.
(3) 
If the Building Inspector determines after final inspection that the building, structure or work has substantially complied in every respect with all ordinances and orders of the Village and applicable laws and orders of the State of Wisconsin, he or she shall officially approve the work and shall issue the certificate of occupancy to the owner.
(4) 
No person shall alter any plans or specifications in any respect after a permit or certificate of occupancy has been issued therefor, except with the written consent of the Building Inspector or appropriate Village authority.
C. 
Use discontinued.
(1) 
Whenever any building or portion thereof is being used or occupied contrary to the provisions of this chapter, the Building Inspector shall order such use or occupancy discontinued and the building or portion thereof vacated by notice served on the building owner or any person using or causing such use or occupancy to be continued, and such person shall vacate such building or portion thereof within 10 days after receipt of the notice or make the building or portion thereof comply with the requirements of this chapter.
(2) 
Any building, structure, or premises, or any part thereof, hereafter vacated or damaged by any cause whatsoever so as to jeopardize public safety or health shall not hereafter be occupied or used under an existing certificate of occupancy or without the same until an application has been filed and a new certificate of occupancy issued.
D. 
Hardship. The Building Inspector shall have the authority and power to permit the occupancy of any building or structure in the Village prior to issuance of an occupancy certificate in all such cases of hardship as in his or her judgment in discretion warrant occupancy before final stage of completion as set forth in this chapter. Before granting such permission, the Building Inspector shall first examine the premises and determine if it is safe and sanitary. The Building Inspector shall determine the time within which such building or structure can be completed; such time should not exceed 120 days.
A. 
State code adopted. The Administrative Code provisions describing and defining regulations with respect to one- and two-family dwellings under § SPS 320-325 of Wis. Adm. Code, are 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 this Village.
B. 
Existing buildings.
(1) 
The Wisconsin Uniform Dwelling Code shall also apply to the following buildings and conditions:
(a) 
An existing building to be occupied as a one- or two-family dwelling, which building was not previously so occupied.
(b) 
An existing structure that is altered or repaired, when the cost of such alteration or repair during the life of the structure exceeds 50% of the equalized value of the structure, such value to be determined by the Village Assessor.
(2) 
Additions and alterations, regardless of cost, made to an existing building when deemed necessary in the opinion of the Building Inspector shall comply with the requirements of this chapter for new buildings.
(3) 
Roof coverings. Whenever more than 25% of the roof covering of a building is replaced in any twelve-month period, all roof covering shall be in conformity with applicable sections of this chapter.
(4) 
Additions and alterations. Any addition or alteration, regardless of cost, made to a building shall be made in conformity with applicable sections of this chapter.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADDITION
New construction performed on a dwelling which increases the outside dimensions of the dwelling.
ALTERATION
A substantial change or modification other than an addition or minor repair to a dwelling or to systems involved within a dwelling.
DEPARTMENT
The Department of Commerce.
DWELLING:
(1) 
Any building, the initial construction of which is commenced on or after the effective date of this chapter, which contains one or two dwelling units; or
(2) 
An existing structure, or that part of an existing structure, which is used or intended to be used as a one- or two-family dwelling.
MINOR REPAIR
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 a minor repair.
ONE-OR TWO-FAMILY DWELLING
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.
PERSON
An individual, partnership, firm or corporation.
UNIFORM DWELLING CODE
Those Administrative Code provisions, and any future amendments, revisions or modifications thereto, contained in the following chapters of the Wisconsin Administrative Code:
(1) 
Wisconsin Admin. Code, § SPS 316, Electrical.
(2) 
Wisconsin Admin. Code, § SPS 320-325, Uniform Dwelling Codes.
(3) 
Wisconsin Admin. Code, § SPS 327, Camping Units.
(4) 
Wisconsin Admin. Code, § SPS 328, Smoke Detectors.
(5) 
Wisconsin Admin. Code, § SPS 361-366, Commercial Building Code.
(6) 
Wisconsin Admin. Code, § SPS 370, Historic Building Code.
(7) 
Wisconsin Admin. Code, § SPS 375-379, Existing Building Code.
(8) 
Wisconsin Admin. Code, § SPS 381-387, Uniform Plumbing Code.
D. 
Method of enforcement.
(1) 
Building Inspector to enforce. The Building Inspector and his or her delegated representatives are 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 Safety and Professional Services as required by the laws of the State of Wisconsin and this chapter including Wisconsin State Statutes 101.66(2) and Wisconsin Admin. Code, § SPS 305.
(2) 
Subordinates. The Building Inspector may appoint, as necessary, subordinates, which appointments shall be subject to confirmation by the Village Board.
(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 Building Inspector or his or her agent while in performance of his or her duties.
(5) 
Records. The Building Inspector shall perform all administrative tasks required by the Department under the Uniform Dwelling Code. In addition, the Building 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. 
Portions of State Building Code adopted.
(1) 
Code adopted. Chapters DSPS 361 through 367-64, Wis. Adm. Code (Wisconsin State Building Code), are 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 such Chapters DSPS 361 through 367 incorporated herein are intended to be made a part of this code.
(2) 
Permit required. Except as specifically provided, no person shall build, add to, alter or repair, or cause to be built, added to, altered or repaired, any public building, structure or place of employment until a building permit therefor has been issued by the Building Inspector.
B. 
Approvals required.
(1) 
Requirements. Permits for buildings, structures or work under Subsection A of this section shall be issued by the Village Building Inspector only for plans which have been approved under Subsection B(2) of this section. Approvals may be obtained in any order, provided that no permit shall be issued by the Building Inspector until plans stamped or endorsed by all approving authorities are on file in his or her office.
(2) 
State approval required. Except when authority to approve plans has been delegated to the Village Building Inspector, all plans for commercial, industrial or other classes of buildings or places of employment described in § 101.12, Wis. Stats., shall be approved by the Wisconsin Department of Commerce.
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.
C. 
All materials, methods of construction and devices designed for use in buildings or structures not covered by the Wisconsin State Building Code shall be approved by the Building Inspector when they are proved to be the equal of those specifically required by the code.
Whenever the Building Inspector and/or Village Board finds any building or part thereof within the Village to be in his or its judgment so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or unfit for human occupancy or use and so that it would be unreasonable to repair the same, the Building Inspector and/or Village Board 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 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. 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. 
No building within the Village shall be razed without a permit from the Building Inspector. 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. After all razing operations have been completed, the foundation shall be filled at least one foot above the adjacent grade, the property raked clean, and all debris hauled away. 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 such work. Any unfinished portion of work remaining beyond the required 30 days must have special approval from the Building Inspector.
B. 
All debris must be hauled away at the end of each day for the work that was done on that day. 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. 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. 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 so as to prevent the spread and migration of rodents and insects therefrom during and after the razing operations.
A. 
Application. This section shall apply to radiant heating units installed in the Village. No person shall install a radiant heating unit which fails to comply with the requirements of this section.
B. 
Definition. As used in this section, the following terms shall have the meanings indicated:
RADIANT HEATING UNIT
A room heater or stove or freestanding fireplace not intended for duct connections used to heat a room or rooms that uses the combustion of a solid fuel such as wood or coal as a source of heat.
C. 
Permit. No person shall install or cause to be installed a radiant heating unit without first obtaining a permit from the Building Inspector. Radiant heating units shall be installed in accordance with § SPS 323, Wis. Adm. Code. The Building Inspector shall give each permit applicant the following information:[1]
(1) 
The wood burned should be dry wood, preferably dry hardwood.
(2) 
The chimney flue should be checked periodically to be sure the flue is open.
(3) 
The chimney flue should be cleaned at least once a year.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Plan and data approval. Plans and data for each radiant heating unit installation shall be submitted to the Building Inspector for approval before a permit may be issued. The following data is required to be submitted with each application:
(1) 
The manufacturer's installation and maintenance/operations instructions.
(2) 
Proposed chimney flue and/or new chimney flue sizes.
(3) 
The number and sizes of existing vent connectors to the chimney flue.
E. 
Inspection. No person shall operate or permit the operation of a radiant heating unit without first calling for an inspection and receiving final approval from the Building Inspector.
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 so 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.
(1) 
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.
(2) 
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 § 66.0703, Wis. Stats.
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 such moving operations shall be continued.
(2) 
A report shall be made by the Director of Public Works with regard to possible damage to trees or the required movement of any public utilities and/or improvements. The estimated cost of trimming, removing and replacement of public trees, or the required movement of any public utilities and an improvement, shall be determined by the Director of Public Works and shall be paid to the Village Clerk-Treasurer prior to issuance of the moving permit.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Issuance of the moving permit shall further be conditioned on approval of the moving route by the Director of Public Works and Dane County Sheriff.
B. 
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 of 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.
C. 
Street repair. Every person receiving a permit to move a building shall, within one day after such building reaches its destination, report that fact to the Building Inspector, who shall thereupon, in the company of the Director of Public Works, inspect the streets, highways and curbs and gutters over which such building has been moved and ascertain their condition. If the removal of such building has caused any damage to any street or highway, the person to whom the permit was issued shall forthwith place them in as good repair as they were before the permit was granted. On the failure of such permittee to do so within 10 days thereafter to the satisfaction of the Director of Public Works, the Village shall repair the damage done to such streets and hold the person obtaining such permit and the sureties on his or her bond responsible for the payment of the same.
D. 
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 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 such 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 or 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 such 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.
E. 
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 in a sum to be fixed by the Director of Public Works and which shall not be less than $5,000, such bond to be executed by a corporate surety or two personal sureties to be approved by the Director of Public Works or designated agent, conditioned upon, among other things, the indemnification to 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 E(1) of this section 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.
F. 
Insurance. The Building Inspector shall require, in addition to such bond above indicated, public liability insurance covering injury to one person in the sum of not less than $500,000 and for one accident in a sum not less than $500,000, together with property damage insurance in a sum not less than $500,000, or such other coverage as deemed necessary. The Village shall be named as a third party insured on the policy.
G. 
Plan Commission review.
(1) 
No such permit shall be issued unless it has been found as a fact by the Plan Commission of the Village, 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 such 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 plan 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 the character of the applicable district established by Chapter 310, Zoning, or any ordinance amendatory thereof or supplementary thereto, as to cause a substantial depreciation in the property values of such neighborhood within such applicable district.
(a) 
In case the applicant proposes to alter the exterior of such building after moving the same, he or she shall submit with his or her application papers complete plans and specifications for the proposed alterations.
(b) 
Before a permit shall be issued for a building to be moved and altered, the applicant shall give a bond to the Village, which shall not be less than $5,000, to be executed in the manner provided in Subsection E of this section, to the effect that he or she will, within a time to be set by the Plan Commission, complete the proposed exterior alterations to such building in the manner set forth in his or 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.
(c) 
No occupancy permit shall be issued for such building until the exterior alterations proposed to be made have been completed.
(2) 
Upon applications being made to the Building Inspector, he or she shall request a meeting of the Plan Commission to consider applications for moving permits which he or she has found comply in all respects with all other ordinances of the Village. The Plan Commission 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 Plan Commission shall, in writing, make or refuse to make the finding required by this Subsection G and file it in the office of the Village Clerk-Treasurer, who shall send a copy of it to the Building Inspector
A. 
Permit required. No person shall construct or authorize the construction of a fence without issuance of a building permit.
B. 
Permit fees. A fee of $25 shall be collected for each fence installed.[1]
[1]
Editor's Note: Current permit fees are on file in the Village offices.
C. 
Location. A plot plan shall be submitted showing the proposed location and shall be subject to the setback requirements of Chapter 310, Zoning.
A. 
Permit required; exemption.
(1) 
A swimming pool in the ground, on the ground or in a building shall not be constructed or installed without issuance of a building permit.
(2) 
Storable swimming or wading pools with a maximum dimension of 15 feet and a maximum wall height of 48 inches and which are so constructed that they may be readily disassembled for storage and reassembled into their original integrity are exempt.
B. 
Public swimming pools and private indoor pools. All public swimming pools and private swimming pools shall comply with the requirements of Ch. HFS 171, Public Swimming Places, Wis. Adm. Code.
C. 
Private outdoor swimming pool. No permit shall be issued for an outdoor pool unless the following requirements are met:
(1) 
An enclosure at least 48 inches high and a minimum of three feet from the pool of such construction as will make access difficult shall completely enclose the pool. Access shall be through self-closing and latching gates with a locking device and shall be kept locked when the pool is not in use.
(2) 
The enclosure may be omitted where aboveground pools are installed and have a raised deck around the entire pool perimeter with an attached railing on the top outer edge of the raised deck or where the side walls of an aboveground pool are extended by an enclosure (fence) to a minimum of six feet above grade. Access shall be through self-closing and latching gates with a locking device and shall be kept locked when the pool is not in use. Where pool ladders are provided they shall be a type that can be removed when the pool is not in use.
(3) 
Distance from all electrical wires to be a minimum of 10 feet.
(4) 
Water connections and all plumbing shall comply with the Plumbing Code.
(5) 
The pool shall not occupy more than 30% of the rear yard and shall conform to permitted accessory uses regarding side and rear yard distance to lot lines.
Added [12-7-2004 by Ord. No. 04-O-12]
A. 
Establishment of uniform system. This section establishes a uniform system of numbering houses, buildings and primary structures floating on all roads, streets, avenues, drives, lanes, courts, alleys and public ways (hereinafter referred to as "streets") in the Village of Black Earth. All houses, buildings and primary structures shall be numbered in accordance with this section. This section shall apply to all houses, buildings and primary structures (hereinafter referred to as "structures") erected, constructed or located in the Village after the date of enactment of this section.
B. 
Assignment of numbers and maintenance of official house number map and official house number list. It shall be the duty of the Village Clerk, in conjunction with the Building Inspector or other Village designee, to assign address numbers to structures. The Village Clerk shall maintain and update an official house number map, an official house number list and/or a house number policy as directed by the Village Board.
C. 
Numbers of new buildings. Whenever any new structure is erected or located in the Village, it shall be the duty of the owner to procure the correct address number or numbers as designated by the Village Clerk and to immediately post the address number upon the issuance of the building permit, at a location specified in this section, and as soon as construction is completed to immediately fasten said number or numbers to the building.
D. 
Numbers on existing buildings. The owner of any house, building, or structure which already has an address number as of the effective date of this section shall maintain the existing address number in compliance with this section.
E. 
Location and installation of numbers.
(1) 
When a structure has been assigned an address number, the owner or occupant shall cause the number to be placed in the location required by this ordinance. The owner of the land on which the address numbering sign is located shall be responsible for the installation and maintenance of the address numbering system components in the manner required by this chapter.
(2) 
The address number shall be conspicuously placed immediately above, or at the side of the proper door of each structure, or in the case of multiple entrances, at the corner of the building closest to the driveway, and in such a manner that the number can be seen plainly from the street.
(3) 
For structures which are located 60 feet or more from the right-of-way of a public road, the sign shall be erected on a post. The sign shall be installed so that the numbers are perpendicular to the roadway and the post shall be located not more than 10 feet from the right-of-way of the road and not more than 10 feet from the driveway serving the building. The sign shall be installed so that it is not less than 3 1/2 feet or more than 4 1/2 feet from ground level and shall not be concealed horn view of the road. The address number shall be plainly visible and shall not be less than 2 1/2 inches in height. When placed on posts, the numbers and letters shall be applied to both sides of the sign so as to be visible from oncoming traffic in either direction.
(4) 
A complex of commercial, business or industrial buildings or an apartment or condominium complex served by private toads may be assigned one number, the location being the intersection of the driveway with a public road. At the discretion of the Village Clerk, a separate specific number may be assigned to each building.
(5) 
Nothing in this section shall be construed to prohibit the use of additional sets of numbers at other locations on the premises.
(6) 
No building numbering system components shall utilize signs, numbers or posts other than those specified in this chapter.
F. 
Enforcement. It shall be the duty of all police officers and the Building Inspector to report violations of any provision of this ordinance.
G. 
Violations and penalties.
(1) 
If the owner or occupant of any structure required to be numbered by this section neglects to duly attach and maintain the proper address number of such building, the Building Inspector shall serve upon the owner or occupant a notice requiring said owner or occupant to properly number the structure. If the owner or occupant fails to do so after 15 days from service of the notice, the owner or occupant shall be deemed to have violated this section, and a citation shall be issued. Notice shall be sufficient when deposited in first class mail, postage prepaid, to the owner or occupant. Service is deemed given on a date delivered or the date mailed. Upon conviction thereof, the owner or occupant shall be subject to the forfeiture set forth in § 1-4. Each day a violation continues after 15 days from the service of the Building Inspector's notice shall be considered a separate offense.
(2) 
It shall be unlawful and a violation of this chapter to willfully disturb, remove, deface or damage any sign erected or maintained under the provisions of this chapter. Any person violating this section shall be subject to the forfeiture set forth in § 1-4.
(3) 
Any person who accidentally disturbs, removes, defaces or damages any sign or the owner of any land whose sign is disturbed, removed, defaced or damaged shall immediately report the same to the Village. Willful failure to report such damage shall be a violation of this chapter and shall be subject to the forfeiture set forth in § 1-4.
(4) 
Bond for any such violation shall be as set forth on Exhibit B of Chapter 12.[1]
[1]
Editor's Note: The former Schedule of Building Permit Fees, which originally followed this subsection, was removed at the request of the Village. A copy of the current fee schedule is on file in the Village offices.