Town of Buchanan, WI Article I One- and Two-Family Dwellings

§ 230-1 Title and purpose.

A. Title. This article shall be known as the "One- and Two- Family Dwelling Code of the Town of Buchanan."

B. Purpose. The purpose and intent of this article is to:

(1) Exercise jurisdiction over the construction and inspection of new one- and two-family dwellings and additions to existing one- and two-family dwellings;

(2) Provide plan review and on-site inspections of one- and two-family dwellings by inspectors certified by the Department of Commerce;

(3) Establish and collect fees to defray administrative and enforcement costs;

(4) Establish remedies and penalties for violations; and

(5) Establish use of the Wisconsin uniform building permit as prescribed by the Department of Commerce.

§ 230-2 State Uniform Dwelling Code adopted.

[Amended 11-10-2016 by Res. No. 2016-05]

The Administrative Code provisions described and defining regulations with respect to one- and two-family dwellings in Chs. Comm 20 to 25, Wis. Adm. Code,[1] whose effective dates are generally June 1, 1980, are hereby adopted and by reference made a part of this article 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 article. Any further amendments, revisions or modifications of the Administrative Code provisions incorporated herein are intended to be made part of this article to secure uniform statewide regulation of one- and two-family dwellings in this Town of the State of Wisconsin. A copy of these Administrative Code provisions and any future amendments shall be kept on file in the Town Administrator's office.

[1] Editor's Note: Chs. Comm 20 to 25, Wis. Adm. Code, were numbered to Chs. SPS 320 to 325, Wis. Adm. Code.

§ 230-3 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ADDITION

New construction performed on a dwelling which increases the outside dimensions of the dwelling.

DEPARTMENT

The Department of Commerce.

DWELLING

A. Any building, the initial construction of which is commenced on or after the effective date of this article, which contains one or two dwelling units; or

B. 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 existing stairways or exits, fire protection or exterior aesthetic appearance, and which does not increase a given occupancy and use. No building permit is required for work to be performed which is deemed minor repair.

ONE- OR TWO-FAMILY DWELLING

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.

PERSON

An individual, partnership, firm or corporation.

UNIFORM DWELLING CODE

Those Administrative Code provisions, and any future amendments, revisions, or modifications thereto, contained in following chapters of the Wisconsin Administrative Code:

Ch. Comm 20, Administration and Enforcement

Ch. Comm 21, Construction Standards

Ch. Comm 22, Energy Conservation

Ch. Comm 23, Heating, Ventilating and Air Conditioning

Ch. Comm 24, Electrical Standards

Ch. Comm 25, Plumbing

§ 230-4 Method of enforcement.

For the purposes of administering and enforcing the provisions of this article and the Uniform Dwelling Code, the Town shall establish the Office of Building Inspector which shall be filled by that method prescribed in § 230-5.

§ 230-5 Building Inspector.

A. Creation and appointment. There is hereby created the Office of Building Inspector. The Building Inspector shall be appointed by the Town Board. The Building Inspector shall be certified for inspection purposes by the Department in each of the categories specified under Ch. Comm 5, Wis. Adm. Code, and by the Department of Commerce in the category of plumbing.

B. Subordinates. The Building Inspector may appoint, as necessary, subordinates, which appointments shall be subject to confirmation by the Town Board. Any subordinate hired to inspect buildings shall be certified under Ch. Comm 5, Wis. Adm. Code, by the Department.

C. Duties. The Building Inspector shall administer and enforce all provisions of this article and the Uniform Dwelling Code.

D. Powers. The Building Inspector or an authorized certified agent may at all reasonable hours enter upon any public or private premises for inspection purposes and may require the production of the permit for any building, plumbing, electrical or heating work. No person shall interfere with or refuse to permit access to any such premises to the Building Inspector or his/her agent while in the performance of his/her duties.

E. Records. The Building Inspector shall perform all administrative tasks required by the Department under the Uniform Dwelling Code.

§ 230-6 Building permits.

A. Building permits required. No one- or two-family dwelling of which initial construction shall be commenced after the effective date of this article shall be built, enlarged, altered, or repaired unless a building permit for that work shall first be obtained by the owner or his agent from the Building Inspector. Application for a building permit shall be made in writing upon the form, designated as the Wisconsin uniform dwelling permit application, furnished by the Department of Commerce.

B. Additions requiring permit. No addition to an existing one- or two-family dwelling shall be undertaken unless a building permit for this work shall first be obtained by the owner or his agent from the Building Inspector.

C. Submission of plans. The applicant shall submit one set of plans for all new or additions to existing one- or two-family dwellings at the time that the building permit application is filed.

[Amended 8-17-2010 by Ord. No. 2010-03]

D. Issuance of permit. If the Building Inspector finds that the proposed building or repair or addition complies with all Town ordinances and the Uniform Dwelling Code, the Inspector shall officially approve the application and a building permit shall be subsequently issued to the applicant. The issued building permit shall be posted in a conspicuous place at the building site. A copy of any issued building permit shall be kept on file with the Town Administrator.

[Amended 11-10-2016 by Res. No. 2016-05]

§ 230-7 Fees for building permits and inspections.

[Amended 8-17-2010 by Ord. No. 2010-03]

At the time the application for a building permit is filed, the applicant shall pay fees as set in the Town Fees and Licenses Schedule[1] for the following:

A. Standard fee. The standard permit fee shall be to cover the cost of the plan review, the issuance of the permit, the required inspections to a maximum number of eight, and the necessary administrative overhead.

B. Additional inspection fee. Any inspection trip required over the initial eight provided for in the standard fee which are required due to noncompliance or uncoordinated work will be charged to the owner at an additional fee per trip payable to the Town Administrator at the time of the final inspection and occupancy approval.

[Amended 11-10-2016 by Res. No. 2016-05]

C. Permit to start construction fee. The fee for the issuance of a permit to start construction prior to the issuance of a uniform dwelling code permit.

D. Variance request fee. The fee for the processing of a variance request.

E. Failure to remit fees. No occupancy permit shall be granted unless all fees have been paid to the Town Administrator.

[Amended 11-10-2016 by Res. No. 2016-05]

[1] Editor's Note: The Town Fees and Licenses Schedule is on file in the Administrator's office.

§ 230-8 Violations and penalties; enforcement.

A. No person shall erect, use, occupy or maintain any one- or two-family dwelling in violation of any provision of this article or the Uniform Dwelling Code or cause or permit any such violation to be committed. Any person violating any of the provisions of this article shall, upon conviction, be subject to a forfeiture of not less than $25 nor more than $500, together with the costs of prosecution and, if in default of payment thereof, shall be imprisoned for a period of not less than one day or more than six months until such forfeiture and costs are paid.

[Amended 8-17-2010 by Ord. No. 2010-03]

B. 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(s) to be corrected. All cited violations shall be corrected within 30 days after written notification unless an extension of time is granted pursuant to § Comm 20.21, Wis. Adm. Code.

C. If, after written notification, the violation is not corrected within 30 days, a stop-work order may be served on the owner or his or her representative and a copy thereof shall be posted at the construction site. Such stop-work order shall not be removed except by written notice of the Building Inspector after satisfactory evidence has been supplied and the cited violation has been corrected.

D. Each day the violation continues after the thirty-day written notice period has run shall constitute a separate offense. Nothing in this article shall preclude the Town from maintaining any appropriate action to prevent or remove a violation of any provision of this article or the Uniform Dwelling Code.

E. 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.

§ 230-9 Appeal to Town Board.

Any person feeling aggrieved by an order or a determination of the Building Inspector may appeal from such order or determination to the Town Board.

§ 230-10 Liability for damages.

This article shall not be construed as an assumption of liability by the Town for damages because of injuries sustained or property destroyed by any defect in any dwelling or equipment.