This chapter shall be known as the "Building Code of the City
of Shawano" and will be referred to in this chapter as "this code."
This code 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 City shall conform to all the requirements
of this code 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 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 of Wisconsin
pertaining to construction and use and the Zoning Code of the City
and amendments thereto to the date this chapter was adopted and in
no way supersede or nullify such laws and said Zoning Code.[1]
(1)
General powers and duties. The Building Inspector shall enforce the
provisions of this chapter and of all other ordinances and the laws
and orders of the State of Wisconsin which relate to building construction,
plumbing and electrical installations and for these purposes may at
all reasonable times enter buildings and premises. He or she may pass
upon any questions arising under the provisions of this chapter relating
to buildings, subject to conditions contained in this chapter. No
person shall interfere with said Inspector while in the performance
of the duties prescribed in this chapter. Any person feeling himself
or herself aggrieved by any order or ruling of the Building Inspector
may within 20 days thereafter appeal from such order or ruling to
the Board of Zoning Appeals, such an appeal to be in writing.
(2)
Qualifications.
(a)
The Building Inspector shall have the necessary qualifications
required by the State of Wisconsin to supervise the general construction
of buildings.
(b)
The Building Inspector shall be certified by the Wisconsin Department
of Commerce to administer and enforce all the provisions of the Wisconsin
Uniform Dwelling Code.
[Amended 9-8-1999 by Ord. No. 1419]
(3)
Records. The Building Inspector shall keep a record of all applications
for building permits in a book and regularly number each permit in
the order of issuance. He or she shall keep a record showing the number,
description and size of all buildings erected during his or her term
of office, indicating the kind of materials used, the cost of each
building and the aggregate cost of all buildings of the various classes.
He or she shall keep a record of all inspections made and of all removal
and condemnation of buildings. He or she shall make an annual report
to the Council on the above matters.
(1)
Permit required. No building of any kind shall be moved within or
into the City and no new building or structure, or any part thereof,
shall hereafter be erected, or ground broken for the same, or enlarged,
altered, moved, demolished or used within the City, except as herein
provided, until a permit therefor shall first have been obtained by
the owner, or his or her authorized agent, from the Building Inspector.
(2)
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 also the owner of the
building if different, the legal description of the land upon which
the building is to be located, the name and address of the designer,
the use to which said building is to be put and such other information
as the Building Inspector may require.
(3)
Dedicated street required. No building permit shall be issued unless
the property on which the building is proposed to be built abuts a
street that has been dedicated for street purposes.
(4)
Utilities required. No building permit shall be issued for the construction
of any residential building until sewer, water, grading and graveling
are installed in the streets necessary to service the property for
which the permit is required. No building permit shall be issued for
the construction of any building other than residential until contracts
have been let for the installation of sewer, water, grading and graveling
in the streets necessary to service the property for which the permit
is requested. No person shall occupy any building until sewer, water,
grading and graveling are installed in the streets necessary to service
the property.
[Amended by Ord. No. 1255]
(5)
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 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- and two-family dwellings shall comply with the provisions
of Wis. Adm. Code Ind 20.09(4).
[Amended 9-8-1999 by Ord. No. 1419]
(6)
Waiver of plans. 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.
(7)
Approval of plans. If the Building Inspector determines that the
building will comply in every respect with all ordinances and orders
of the City 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 said 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. No
work is to be started unless a proper grade has been reviewed by the
City Engineer, including the grade for sidewalks, curb and gutter,
driveways and general construction.
(a)
Plans associated with building permit applications for properties identified by the Redevelopment Authority as priority projects, as stated within Chapter 4 of the RDA Project Plan No. 1, which may be further modified by action of the RDA, must first be approved by the Redevelopmment Authority prior to issuance of permits by the City of Shawano Building Inspector.
[Added 4-12-2017 by Ord.
No. 1914]
(8)
Fees. The building permit fees shall be as set by Council resolution.
Said fees include, but are limited to, fees for where no inspection
is required, repairs with structural changes and repairs without structural
changes, remodeling, and a residential permit administration fee.
In the event the applicant requests an early start permit, there shall
be a fee for said permit, which fee shall be set by Council resolution.
The Council shall further set a fee by resolution for apartment buildings,
warehouses, storage buildings, commercial and industrial buildings,
and a commercial construction permit administration fee.
[Amended by Ord. No. 927; Ord. No. 1256; 12-8-1999 by Ord. No. 1438; 6-8-2011 by Ord. No. 1790]
(a)
"Estimated cost," as used in this code, shall mean the reasonable
market value of all services, labor and materials.
(b)
In the event that work is commenced before a building permit
is issued or permission to start is granted by the Building Inspector,
the applicable fee shall be tripled.
[Amended 8-8-2018 by Ord.
No. 1949]
(9)
Minor repairs. The Building Inspector may authorize minor repairs
or alterations valued at less than $1,000 (market value of materials
and labor) which do not change the occupancy area, structural strength,
fire protection, exits, light or ventilation of the building without
requiring a building permit to be issued.
[Amended 12-8-1999 by Ord. No. 1437]
(10)
Inspection of work. The builder shall notify the Building Inspector
when ready and the Building Inspector shall inspect all buildings
upon the completion of the foundation forms, or before the foundation
is laid, and again when ready for lath and plaster, or before paneling
is applied. After completion, he or she shall make a final inspection
of all new buildings, alterations and existing buildings put to new
uses.
[Amended by Ord. No. 1257]
(11)
Issuance and revocation of permit.
[Amended by Ord. No. 1258; 4-17-2018 by Ord. No. 1943]
(a)
No new building shall be occupied or otherwise used unless the
Building Inspector has made a final inspection.
(b)
No building permit shall be issued to any applicant for a commercial
property or for any commercial premises for which local taxes, assessments,
forfeitures or other claims of the City are delinquent or unpaid.
(12)
Permit lapses. A building permit shall lapse and be void unless building
operations are commenced within six months, or are not completed within
12 months, from the date of issuance.
[Amended by Ord. No. 1259]
(13)
Revocation. If the Building, Electrical or Plumbing 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 instruction
has been issued to him or her, he or she shall revoke the building,
electrical or plumbing 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, except
such work as the Building, Electrical or Plumbing 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.
(14)
Report of violations. The police or other City officers shall report
at once to the Building Inspector any building which is being carried
on without a permit as required by this chapter.
(15)
Park fund fee. The Building Inspector shall charge a fee at the time
of issuing a permit for new construction and building additions, which
shall be placed in the park fund and which fee shall be in addition
to the fees charged for the building permit as provided in the Building
Code. The Council shall establish by resolution said fees to be placed
in the park fund.
[Added 12-8-1999 by Ord. No. 1428; amended 10-12-2005 by Ord. No.
1629]
[Amended 6-7-2006 by Ord. No. 1649]
(1)
State codes adopted. Wis. Adm. Code Comm. Chs. 50 to 64 are hereby
adopted by reference and made a part of this chapter with respect
to those classes of buildings to which said Chs. 50 to 64 specifically
apply. Any future amendments, revisions and modifications of said
Chs. 50 to 64 incorporated herein are intended to be made a part of
this code. A copy of said Chs. 50 to 64 and amendments thereto shall
be kept on file in the office of the Building Inspector.
(a)
Terms. The building terms used in this chapter shall have the
meanings given them by the State Building Code.
(b)
Dwellings. The term "dwelling" includes every building occupied
exclusively as a residence by not more than two families.
(c)
Workmanship. Workmanship in the fabrication, preparation and
the installation of materials shall conform to generally accepted
good practice.
Private garages shall be built in accordance with the general
construction standards established in the Wisconsin Uniform Dwelling
Code. Private garages shall be located not less than three feet from
the adjoining lot line and not less than five feet from any other
building on the same premises when not a part of the building. If
a greater distance is required by some other section of this code
or by some other ordinance or regulation, the most rigid requirement
shall be applicable. Whenever a garage is constructed as part of any
building, the ceiling and the walls or wall separating the garage
from other portions of the building shall be of not less than forty-five-minute
fire-resistive construction as specified in Wis. Adm. Code Ind. Ch.
51.
[Amended 9-8-1999 by Ord. No. 1419]
All materials, methods of construction and devices designed
for use in buildings or structures covered by this code and not specifically
mentioned in or permitted by this code shall not be so used until
approved in writing by the State Department of Commerce. 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 date, tests 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.
[Amended 9-8-1999 by Ord. No. 1419]
A permit shall be required for the erection of signs, awnings
and canopies, but a permit shall not be required for the erection
of awnings in the residential districts. With the appropriate application
for such a building permit, a plan shall be submitted to the Building
Inspector showing the construction and method of fastening to the
building prior to the issuance of said permit. After issuance, the
installer, contractor or owner shall notify the Building Inspector
when the installation is complete. Upon such notification, the Building
Inspector shall inspect the installation to determine if it is properly
installed to meet the full requirements of safety and placement.
[Added 12-12-2018 by Ord.
No. 1960; amended 7-13-2022 by Ord. No. 2011]
(1)
Inspection. The Chief of the Fire Department, or his designee (the
Chief) shall be responsible for having all public buildings and places
of employment within the territory of the Fire Department inspected
for the purpose of ascertaining and causing to be corrected any conditions
liable to cause fire or any violations of law or ordinance relating
to fire hazards or to the prevention of fires. The inspections shall
be conducted at least once per calendar year, provided that the interval
between those inspections does not exceed 15 months.
(2)
Corrective action and reinspection.
(a)
Corrective action. Whenever the Chief, after inspection determines
that a violation of any of the following, or any amendments thereto,
NFPA 1, Wisconsin State Statutes, or Wisconsin Administrative Code,
the Fire Chief may order corrective action to cause the violation
to be eliminated, and such order shall set forth the specific correction
and a reasonable time for completion. An inspection shall be conducted
by the City upon completion. The order shall be released upon a determination
by the Chief or his designee that the order has been substantially
complied with.
(b)
Reinspection. Any owner, tenant or individual subject to the
above corrective order who shall fail to comply with such order, in
addition to any other penalties provided by law, shall be assessed
a reinspection fee for any inspections required beyond two. Specific
fees shall be assessed as set forth by Council resolution.
1.
At any time, the Chief may refer the order to the City Attorney.
2.
The Chief has the reasonable authority to grant extensions to
complete a corrective order without being charged a reinspection fee
based upon a determination of either substantial effort to comply
or issues presented beyond the control of the recipient of an order.
[1]
Editor's Note: Former § 12.10 was repealed by Ord.
No. 876.
Whenever the Building Inspector finds any building or part thereof
within the City to be, in his or her 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 would
be unreasonable to repair the same, he or she shall order the owner
to raze and remove it at the owner's option. Such order and proceedings
shall be carried out in the manner prescribed for the razing of buildings
in W.S.A. s. 66.05. Where the public safety requires immediate action,
the Building Inspector shall enter upon the premises with such assistance
as may be necessary and cause the building or structure to be made
safe or to be removed, and the expenses of such work may be recovered
by the City in an action against the owner or tenant.
(1)
Insurance requirements.
[Amended by Ord. No. 1192]
(a)
Before any building is moved within or into the City, a permit
must 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 certificate of insurance to the Clerk-Treasurer,
to be approved by the City Attorney, which certificate of insurance
provides as follows:
(b)
Said certificate of insurance shall contain a provision or endorsement
that the coverage afforded will not be canceled, materially changed
or renewal refused until at least 30 days' prior written notice has
been given to the owner and the City by certified mail. Said certificate
of insurance shall have the words "Endeavor to" and the words "but
failure to mail such notice shall impose no obligation or liability
of any kind upon the company, its agents or representatives" eliminated
from the certificate. All such insurance shall remain in effect until
final payment and at all times thereafter when the electrician may
be correcting, removing or replacing defective work.
(2)
Contents of permit; regulation. Every permit to move a building shall
state all conditions to be complied with, designate the route to be
taken and limit of time for removal. The Council shall, by resolution,
establish the permit fee and any other fees relating to the moving
of said building such as removing the foundation for moved buildings
or any other fee related to said moving. The removal of a building
shall be continuous during all the hours of the day, and day by day,
and at night if the Building Inspector shall so order, until completed,
with the least possible obstructions to thoroughfares. Flashing amber
lights shall be kept in conspicuous places at each end of the building
during the night.
[Added 6-8-2011 by Ord. No. 1789]
(3)
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 Building
Inspector shall thereupon inspect the streets and highways over which
said building has been moved and ascertain their condition. If the
removal of said building has caused any damage to the streets or highways,
the house mover shall forthwith place them in as good repair as they
were before the permit was granted. Upon failure of the house mover
to do so within 10 days thereafter to the satisfaction of the Building
Inspector, the Council shall repair the damage done to such streets
and highways and hold the sureties of the bond given by the house
mover responsible for the payment of the same.
[Amended 6-7-2006 by Ord. No. 1649]
Wis. Adm. Code Comm. Chs. 20 through 25 and Chs. 50 through 64, the State Electrical Code, the State Plumbing Code, the State Flammable Liquids Code and the State Well Drilling 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 unlawful building alteration, installation, moving or construction involved is specifically covered by other provisions of this code or not, and shall render the violator liable to the penalties contained herein.
This subchapter shall not be considered as assuming any liability
on the part of the City 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 or electric wiring or equipment.
Any building or structure hereafter erected, enlarged, altered, repaired or moved, 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 City 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 and may also be subject to a penalty as provided in § 20.04 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 subchapter may also be enforced by injunctional order at the suit of the owner or owners of any real estate within the jurisdiction of this subchapter.
