[HISTORY: Adopted by the Village Board of the Village of
Fremont 5-27-1986 by Ord. No. 86-1 as Ch. 14 of the 1986 Municipal Code;
amended in its entirety by Ord.
No. 94-4. Subsequent amendments noted where applicable.]
A.
Title. This chapter shall be known as the "Building Code of the Village
of Fremont" and shall be referred to in this chapter as "this code."
B.
Purpose. This code provides certain minimal 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 or into the Village shall conform to all the requirements
of this code, except as they are herein specifically exempted from
part or all of its provisions. Any alterations, 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 purpose of this code whenever
it is used for dwelling, commercial or industrial purposes unless
it was being used for such purpose at the time this code was enacted.
The provisions of this code supplement the laws of the state pertaining
to construction and use and the applicable provisions of the Waupaca
County Zoning Ordinance and amendments thereto to this date and in
no way supersede or nullify such laws and ordinances.
A.
Appointment and general powers. The Village Board shall appoint a
Building Inspector or Building Inspectors who shall have the powers
to enforce the provisions of this chapter and all other code provisions,
laws and orders of the state which relate to building construction
and plumbing, electrical and heating installations and for these purposes
may at all reasonable times enter buildings and premises. The Building
Inspector may pass upon any question arising under the provisions
of this chapter relating to buildings, subject to the conditions contained
in this code. No person shall interfere with said Inspector while
in the performance of the duties prescribed herein. Any person feeling
himself aggrieved by any order or ruling of the Building Inspector
may, within 20 days thereafter, appeal from such order or ruling to
the Village Board, such appeal to be in writing.
B.
Qualifications.
(1)
The Building Inspector shall have the necessary qualifications and
experience required to supervise the general construction of buildings.
C.
Producing permits. Any appointed Building Inspector may require the
production of the permit for any building, electrical or plumbing
work.
A.
Permit required. No building of any kind shall be moved into or within the Village and no new building or structure or any part thereof, as defined in § 229-1C above, shall hereafter be erected or ground broken for the same or enlarged, altered, moved, demolished or used within the Village, except as herein provided until a permit therefor shall have first been obtained by the owner or his authorized agent from the Building Inspector having enforcement responsibility. In addition, no building permit shall be issued without a sanitary sewer permit that has been issued within the last 180 days from the date of application for a building permit.
[Amended by Ord. No. 98-3]
B.
Application. Application for a building permit shall be made in writing
upon a form furnished by the Building Inspector and shall state the
name and address of the owner of the land and the owner of the building,
if different, the legal description of the land upon which the building
shall be located, the name and address of the builder, the use to
which said building is to be put and such other information as the
Building Inspector shall require.
C.
Plans. With such application there shall be submitted a complete
set of plans and specifications, including a plot plan showing the
location of the proposed building with respect to adjoining roads,
highways, streets, alleys, lot lines and buildings. Plans for buildings
involving the State Uniform Dwelling Code, Chs. SPS 361 through 366,
shall bear the stamp of approval of the Department of Safety and Professional
Services. One stamped set of plans shall be submitted.[1]
E.
Approval of plans. If the Building Inspector determines that the
building will comply in every respect with all ordinances of the Village
and all applicable ordinances and orders of the county and laws and
orders of the state, he shall officially approve and stamp on a set
of the plans and return it to the owner and shall issue a building
permit therefor which shall state the use to which the building is
to be put. The permit 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 discretion,
may issue a permit for that part of the building before receiving
plans and specifications for the entire building.
F.
Permit fees. Permit fees established from time to time by the Village
Board are hereby adopted by reference and made a part hereof. A schedule
of the fees is on file in the office of the Clerk-Treasurer.
[Amended by Ord. No. 93-2; Ord. No. 94-2; Ord. No. 96-2; Ord. No. 05-1]
G.
Inspection procedure. The building owner shall notify the Building
Inspector involved with the project and the Inspector may inspect
all buildings upon completion of the forms for the footing prior to
backfilling, prior to insulating, prior to sheetrocking or paneling,
or prior to occupancy, whichever situation applies to the permit that
was issued.
H.
Code compliance. All persons issued a building permit under this
chapter shall comply with all state and local codes.
A.
Permits. No privy, privy vault, chemical, septic or dry closet system
shall be constructed or installed within the Village unless a permit
is first obtained from the Waupaca County Zoning Administrator.
B.
Requirements. No outdoor privy shall hereafter be erected or maintained
where a public or private sewage system is available. Where such system
is not available, privy and privy vault construction shall conform
to the requirements of this code as well as all applicable county
and state regulations.
C.
Location. No privy with or without a leaching pit or other container
shall be erected or maintained within 50 feet of any well, cistern
well, spring, watercourse, lake or other source of water supply used
for drinking or domestic purposes or 10 feet of any line or any thoroughfare
or of a property line between premises or 20 feet of any door or window
of any building. Privies shall be located on ground that is well drained
and where there is no possibility of contaminating any drinking water
supply.
All electrical, plumbing and HVAC work shall conform to the
applicable chapter of the Wisconsin Administrative Code. A copy of
said codes shall be kept on file in the offices of the Building Inspector
and the Clerk-Treasurer. The provisions of this section are intended
to specifically include, in addition to all buildings, all agricultural
outbuildings.
A.
Payment of fees. All fees shall be paid to the Building Inspector
issuing the permit prior to commencing any work. The Inspector shall
remit all collected fees to the Clerk-Treasurer on a monthly basis.
The Inspector shall keep a log of all permits issued and submit an
annual report to the Village Board.[1]
[1]
Editor's Note: Original Section 14.06(2), which immediately
followed this subsection, was repealed by Ord. No. 00-3.
B.
Revocation. If the Building Inspector who issued the permit shall
find at any time that applicable ordinances, laws, orders, plans or
specifications are not being complied with and that the holder of
the permit after written notification has been issued to him has failed
to comply, he shall revoke the permit issued by written notice to
the owner and by posting such notice on the site of the work.
C.
Enforcement. It shall be the duty of all law enforcement officers
and Village officials to report at once to the Building Inspector
any building, plumbing or electrical work that is being carried on
without a permit as required by this code.
No building not previously used for residential, commercial
or industrial purposes shall hereafter be used for such purposes without
first obtaining from the Building Inspector a land use permit stating
that the water supply and plumbing facilities contained therein or
adjacent thereto are reasonably adequate to safeguard the health and
welfare of the occupants and that the installation thereof complies
with the provisions of this code and all other applicable laws and
ordinances. No changes in the water or plumbing facilities of any
existing building, whether in the form of addition, alteration or
discontinuance thereof, which may affect the adequacy of such facilities
from a standpoint of health and sanitation, shall be made without
first obtaining a similar land use permit. No changes in the use or
occupancy of existing buildings for dwelling, commercial or industrial
purposes, the effect of which change is to increase substantially
the amount or use or the number of persons using existing water and
plumbing facilities, shall be permitted without first obtaining from
the Building Inspector a land use permit stating that the existing
facilities are adequate to take care of the increased demand and to
safeguard the health and welfare of the users.
A.
Razing buildings. Whenever the Building Inspector, whose responsibility
is to issue land use permits, finds any building or part thereof within
the Village to be, in his judgment, so old, dilapidated or so out
of repair as to be dangerous, unsafe, unsanitary or otherwise unfit
for human habitation, occupancy or use, and so that it will be unreasonable
to repair the same, he shall order the owner to raze and remove said
building. Such order and proceedings shall be carried out in the manner
prescribed for the razing of buildings in § 66.0413, Wis.
Stats.
B.
Emergency razing. When the public safety requires immediate action,
the Building Inspector shall enter upon the property with such assistance
as is necessary and shall cause the building or structure to be made
safe or to be removed, and the expenses of such work may be recovered
by the Village in an action against the owner or tenant.
A.
Bond required. Before any building is moved within or into the Village,
a permit shall first be obtained from the Building Inspector. Before
a permit to move any building is granted by the Building Inspector,
the party applying therefor shall give a bond in the sum of $10,000
with good and sufficient sureties to be approved by the Village Attorney
conditioned, among other things, that said party will pay any judgment,
costs and expenses which may in any way accrue against the Village
and shall hold the Village harmless against all liabilities, judgments,
costs and expenses in consequence of granting of such permit.
B.
Contents of permit. Every permit to move a building shall state all
conditions to be complied with, designate the route to be taken and
limit the time for removal. The removal of the building shall be continuous
during all hours of the day, day by day, and at night if the Building
Inspector shall so order, until completed, with the least possible
obstructions to thoroughfares. Lighted lanterns shall be kept in conspicuous
places at the end of each building during the night.
C.
Inspection and repair of streets and highways. Every person receiving
a permit to move a building shall, within one day after reaching its
destination, report that fact to the Building Inspector. The Inspector
shall thereupon inspect the streets or highways over which the building
has been moved and ascertain their condition. If the moving of the
building has caused any damage to the streets or highways, the house
mover shall forthwith place them in as good repair as they were prior
to the permit being issued. Upon failure of the house mover to do
so within 10 days thereafter to the satisfaction of the Building Inspector,
the Village Board shall have the damage done to such streets and highways
repaired and shall hold the sureties of the bond given by the house
mover responsible for the payment of the same.
D.
Permit fees. Before the Building Inspector shall issue a permit to
move a building, he shall collect a fee of $25. This fee shall be
in addition to any other fee required by this code.
E.
Insurance
required. Before a moving permit shall be issued, the applicant shall
submit to the Building Inspector a certificate of insurance evidencing
that the applicant has in force and will maintain during the term
of the permit public liability insurance of not less than $500,000
for any one person, $1,000,000 for any one accident and $50,000 for
property damage.[1]
A.
State codes adopted.
(1)
Wisconsin Administrative Code Chs. SPS 361 through 366 are hereby
adopted by reference and made part of this code with respect to those
classes of buildings to which Chs. 361 to 366 specifically apply.
Any future amendments, revisions and modifications of said Chs. 361
to 366 incorporated herein are intended to be made part of this code.
A copy of Chs. 361 to 366 and amendments thereto shall be kept on
file in the office of the Building Inspector.
(2)
Wisconsin Administrative Code Chs. SPS 320 to 325 are hereby adopted
by reference and made part of this code and shall apply to all new
one- and two-family dwellings and all additions or alterations to
existing and new one- and two-family dwellings.
B.
Application of state codes. Wisconsin Administrative Code Chs. SPS
320 through 325 and 361 through 366, the State Electrical Code, the
State Plumbing Code and the State Flammable and Combustible Liquids
Code, are hereby adopted by reference and the Building Inspector shall
enforce the provisions thereof. Any violation of said codes or amendments
thereto shall constitute a violation of this code, whether or not
the unlawful building alteration, installation, moving or construction
involved are specifically covered by other provisions of this code,
and shall render the violator liable to the penalties contained herein.
This code shall not be considered as assuming any liability
on the part of the Village or any official or employee thereof for
damages to anyone injured or for any property destroyed by any defect
in any building or equipment, or in any plumbing, electrical or heating
equipment.
Any building or structure hereafter erected, enlarged, altered, repaired or moved, or any use hereafter established in violation of the provisions of this code shall be deemed an unlawful building, structure or use. The Building Inspector shall report all such violations to the 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 who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall also be subject to a penalty as provided in Chapter 1, General Provisions, Article I, Construction and Penalties, of this Code. Each day that a violation continues to exist shall constitute a separate offense. 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.
