[HISTORY: Adopted by the Common Council of the City of New
Lisbon 4-2-2001 as Title 15, Ch. 1, of the 2001 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Administrative review — See Ch. 7.
Driveways — See Ch. 267.
Fire prevention — See Ch. 289.
Historic preservation — See Ch. 314.
Property maintenance — See Ch. 396.
Utilities — See Ch. 467.
Floodplain zoning — See Ch. 500.
Shoreland-wetland zoning — See Ch. 510.
Subdivision of land — See Ch. 515.
Zoning — See Ch. 520.
A.
Title. This chapter shall be known as the "Building Code of the City
of New Lisbon" and will be referred to in this chapter as "this code"
or "this chapter."
B.
Purpose. This chapter provides certain minimum standards, provisions
and requirements for safe and stable design, methods of construction
and uses of materials in buildings and/or structures hereafter erected,
constructed, enlarged, altered, repaired, moved, converted to other
uses or demolished and regulates the equipment, maintenance, use and
occupancy of all such buildings and/or structures. Its purpose is
to protect and foster the health, safety and well-being of persons
occupying or using such buildings and the general public.
C.
Scope.
(1)
New buildings hereafter erected in or any buildings hereafter moved within or into the City 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. The provisions of this chapter supplement the laws of the State of Wisconsin pertaining to construction and use and Chapter 520, Zoning, of this Code and amendments thereto to the date this chapter was adopted and in no way supersede or nullify such laws and said Chapter 520, Zoning.
(2)
This code applies to all dwellings, commercial buildings/structures,
swimming pools, garages, structures, buildings, and residential accessory
buildings. Not included are children's play structures and agricultural
buildings.
D.
Authority. These regulations are adopted under the authority granted
by § 101.65, Wis. Stats.
A.
Permit required.
(1)
General permit requirement. 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, razed or used within the
City, except as herein provided, until a permit therefor shall first
have been obtained by the owner or his/her authorized agent from the
Building Inspector or his/her designee.
(a)
Prior to commencing any of the following work, the owner or
his/her agent shall obtain a valid permit for:
(b)
Permits are not required for replacement of major building equipment,
including furnaces, central air conditioners, water heaters, other
major pieces of equipment, and plumbing, venting, electrical or gas
supply systems when altered.
(c)
Exempted are re-roofing, re-siding and finishing of interior
surfaces, installation of cabinetry, and minor repair as deemed by
the Building Inspector. However, unless structural calculations are
provided, no more than two layers of roofing shall be installed on
a roof.[3]
(e)
Agricultural buildings in properly zoned districts are exempt.
(2)
Alterations and repairs. The following provisions shall apply to
buildings altered or repaired:
(a)
Alterations. When any existing building or structure accommodates
a legal occupancy and use but is of a substandard type of construction,
then alterations which involve beams, girders, columns, bearing or
other walls, room arrangement, heating and air-conditioning systems,
light and ventilation, or changes in location of exit stairways or
exits, or any or all of the above, may be made in order to bring such
existing construction into conformity with the minimum requirements
of this chapter applicable to such occupancy and use and given type
of construction, when not in conflict with any other regulations.[4]
(b)
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.
(c)
When alterations 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.
(d)
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.
(e)
Extent of deterioration. The amount and extent of deterioration
of any existing building or structure shall be determined by the Building
Inspector.
B.
Application. Application for a building permit shall be made in writing
upon a form furnished by the Building Inspector or his/her designee
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 license number of the contractor, the
use to which said building is to be put and such other information
as the Building Inspector may require. If a contractor is not licensed,
bonded or insured, the owner shall submit a cautionary statement.[5]
C.
Dedicated street and approved subdivision 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.
No building permit shall be issued until the Building Inspector has
determined that the subdivision and required improvements have been
accepted by the Common Council. The Building Inspector shall confirm
that the property is located in the City.
D.
Utilities required.
(1)
Residential buildings. 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 and a receipt for payment
of electrical hookup is presented to the Building Inspector.
(2)
Nonresidential building. 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.
(3)
Occupancy. No person shall occupy any building until sewer, water,
grading and graveling are 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.
E.
Plans. With such application, there shall be submitted two complete
sets of plans and specifications, including a site/plot plan showing
the location and dimensions of all buildings and improvements on the
lot, both existing and proposed, dimensions of the lot, dimensions
showing all setbacks of all buildings on the lot, proposed grade of
proposed structure (to City datum), grade of the lot and of the street
abutting the lot, grade and setback of adjacent buildings (if adjacent
lot is vacant, submit elevation of nearest buildings on same side
of street), type of monuments at each corner of lot, watercourses
or existing drainage ditches, easements or other restrictions affecting
such property, seal and signature of surveyor or a certificate signed
by the applicant, and a construction erosion control plan setting
forth proposed information and procedures needed for control of soil
erosion, surface water runoff and sediment disposition at the building
site. Plans, specifications and plot plans shall be drawn to a minimum
scale of 1/4 inch to one foot (fireplace details to 3/4 inch to one
foot). One set of 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 Safety
and Professional Services. 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 § SPS 320.09(4), Wis. Adm. Code.
F.
Waiver of plans; minor repairs.
(1)
Waiver. If the Building Inspector finds that the character of the
work is sufficiently described in the application, he/she may waive
the filing of plans for alterations, repairs or moving, provided that
the cost of such work does not exceed $2,000.
(2)
Minor repairs. The Building Inspector may authorize minor repairs
or maintenance work on any structure or to heating, ventilating or
air-conditioning systems installed therein with a fair market value
of less than $1,000, as determined by the Building Inspector, including
market value of labor, 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.
G.
Approval of plans.
(1)
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/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.
(2)
Prior to building permit issuance, the Building Inspector shall consult
with the City Clerk-Treasurer to confirm that taxes, fees for services,
and/or any other debts to the City are satisfied before the parties
associated with the project are issued a permit.
(3)
Under no circumstances will the Building Inspector issue verbal building
permits.
(4)
The Building Inspector, prior to permit issuance, shall also determine
that minimum setback requirements in accordance with the zoning of
the proposed building are met, entrance to the property does not create
a traffic hazard for adjacent properties, adequate storm drainage
exists for the proposed structure, and plans for all new one-family
and two-family dwellings shall comply with § SPS 320.09(4),
Wis. Adm. Code. Note: If the Building Inspector cannot determine if
the above conditions are met, he/she should not issue a building permit
and should consult the City Engineer.
(5)
In case adequate plans are presented for part of the building only,
the Building Inspector, at his/her discretion, may issue a permit
for that part of the building before receiving the plans and specifications
for the entire building.
H.
I.
Permit lapses. A building permit shall lapse and be void unless building
operations are commenced within six months or if construction has
not been completed within 18 months from the date of issuance thereof.
J.
Revocation of permits.
(1)
The Building Inspector or the Common Council may revoke any building,
plumbing or electrical permit, certificate of 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:
(a)
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 had been issued to him/her.[6]
(b)
Whenever the continuance of any construction becomes dangerous
to life or property.
(c)
Whenever there is any violation of any condition or provisions
of the application for permit or of the permit.
(d)
Whenever, in the opinion of the Building Inspector, there is
inadequate supervision provided on the job site.
(e)
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.
(2)
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/her agent,
if any, and on the person having charge of construction.[8]
(3)
A revocation placard shall also be posted upon the building, structure,
equipment or premises in question by the Building Inspector.
(4)
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/she may require for the preservation
of life and safety.
K.
Report of violations. 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.
L.
Display of permit. Building permits 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.
Adoption of State Uniform Dwelling Code.
(2)
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 City. A copy of these Administrative
Code provisions and any future amendments shall be kept on file with
the Building Inspector.
B.
Scope of Uniform Dwelling Code expanded. For the purposes of this
chapter, the provisions of the Wisconsin Uniform Dwelling Code are
the standards for construction of the following:
(1)
Additions. Additions, alterations and major equipment replacements
for one and two-family dwellings built prior to June 1, 1980.
(2)
Detached garages. Detached garages greater than 200 square feet serving
one- and two-family dwellings. Grade beam slabs are required for private
residential garages with a continuous floating slab of reinforced
concrete and shall not be less than four inches in thickness. Reinforcement
shall be a minimum of Number 10 wire mesh, six inches by six inches.
The slab shall be provided with a thickened edge all around, eight
inches wide and eight inches below the top of the slab. (Exempted
are frost-free footings for detached residential accessory buildings.)
Chapter SPS 322, Wis. Adm. Code, shall not apply.
C.
Existing buildings.
(1)
The Wisconsin Uniform Dwelling Code shall also apply to buildings
and conditions where:
(a)
An existing building is to be occupied as a one- or two-family dwelling,
which building was not previously so occupied.
(b)
An existing structure 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, said value to be determined
by the City 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. The provisions of § 238-2 shall also apply.
(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.
D.
ADDITION
ALTERATION
DEPARTMENT
DWELLING
MINOR REPAIR
ONE- OR TWO-FAMILY DWELLING
PERSON
UNIFORM DWELLING CODE
Definitions. The following definitions shall be applicable in this
section:
New construction performed on a dwelling which increases
the outside dimensions of the dwelling.
A substantial change or modification, other than an addition
or minor repair, to a dwelling or to systems involved within a dwelling.
The Wisconsin Department of Safety and Professional Services.
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
minor repair.
A building or 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.
An individual, partnership, firm or corporation.
Those Administrative Code provisions and any future amendments,
revisions or modifications thereto contained in the following chapters
of the Wisconsin Administrative Code:
|
Chapter SPS 320, Administration and Enforcement
| |
|
Chapter SPS 321, Construction Standards
| |
|
Chapter SPS 322, Energy Conservation
| |
|
Chapter SPS 323, Heating, Ventilating and Air Conditioning
| |
|
Chapter SPS 324, Electrical Standards
| |
|
Chapter SPS 325, Plumbing
|
E.
Method of enforcement.
(1)
Certified inspector to enforce. The Building Inspector and his/her
delegated representatives are hereby authorized and directed to administer
and enforce all of the provisions of the Uniform Dwelling Code. The
Building Inspector shall be certified for inspection purposes by the
Department in each of the categories specified under Ch. SPS 305,
Wis. Adm. Code.
(2)
Subordinates. The Building Inspector may appoint, as necessary, subordinates
as authorized by the Common Council.
(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/her agent while in performance
of his/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. The following chapters of
the Wisconsin Administrative Code are hereby adopted and made a part
of this chapter. Any future amendments, revisions and modifications
of said chapters incorporated herein are intended to be made a part
of this code. A copy of said chapters and amendments thereto shall
be kept on file with the Building Inspector.[1]
B.
State Plumbing Code adopted. The provisions and regulations of Ch.
145, Wis. Stats., and Chs. SPS 381 to 387, Wis. Adm. Code, are hereby
made a part of this chapter by reference and shall extend over and
govern the installation of all plumbing installed, altered or repaired
in the City. Any further amendments, revisions and modifications of
said Wisconsin Statutes and Administrative Code chapters incorporated
herein are intended to be made part of this chapter.
C.
State Electrical Code adopted. Subject to the exceptions set forth in this chapter, the Electrical Code, Volume 1, and Rules of Electrical Code, Volume 2, of the Wisconsin Administrative Code are hereby adopted by reference and made a part of this section and shall apply to all buildings, except those covered in § 238-3 above. See Chs. SPS 316 and PSC 114, Wis. Adm. Code.[2]
D.
Conflicts. If, in the opinion of the Building Inspector and the Common Council, the provisions of the State Building Code adopted by Subsection A of this section shall conflict with the provisions of the Federal Housing Administration standards in their application to any proposed building or structure, the Building Inspector and/or the City shall apply the most stringent provisions in determining whether or not the proposed building meets the requirements of this section.
A.
Conformance with state code. All electrical work, including the placing
of wires and other equipment and any work that involves connections
to the City's electric service, shall conform to the Wisconsin State
Electrical Code. A copy of such code shall be kept on file with the
Building Inspector.[1]
B.
Permit. No electric wiring or other equipment shall be installed
or altered without first filing an application and receiving a permit
therefor from the Building Inspector, except that repairs or replacements
of broken or defective sockets, switches or base receptacles may be
made without a permit. The application for such permit shall be on
a form furnished by the Building Inspector and shall state clearly
the work planned, alterations to be made and equipment and materials
to be used. All later deviations from such plan shall be submitted
to and approved by the Building Inspector. Only licensed electricians
may receive such permits, except that the Building Inspector may issue
a permit to a property owner for work on property which is owned and
occupied by such owner as his/her home and after such property owner
signs a cautionary statement furnished by the City.[2]
C.
Inspection of work. After roughing in the wiring of any building
and before any such work is covered up or upon completion of any outside
wiring construction work, the person doing such work shall notify
the Building Inspector who shall at once inspect the same. Upon completion
of such wiring, the Building Inspector shall be notified and shall
inspect the finished work. If he/she finds that the work conforms
to the State Electrical Code, he/she shall issue a certificate of
compliance which shall contain the date and an outline of the result
of such inspection, a duplicate of which shall be filed in the office
of the Building Inspector. No such electrical equipment shall be used
until such certificate has been issued.
A.
Plumbing defined. For the purpose of this chapter, "plumbing" is
defined as follows:
(1)
As defined in § 145.01(10), Wis. Stats.
(2)
The construction, connection to or alteration of any drain, soil
or waste pipe to carry domestic sewage, stormwater or industrial waste
from a point three feet outside of the foundation walls of any building
to the sewer lateral at the curb or other disposal terminal, including
the private sewage disposal or treatment plant. This definition does
not include minor repairs to faucets and the removal of stoppages
in soil or waste pipes.
B.
Inspectors. The plumber in charge shall notify the Plumbing Inspector
whenever any work is ready for inspection. All plumbing work shall
be left exposed until the Plumbing Inspector has completed his/her
examination and inspection. When, in the opinion of the Plumbing Inspector,
a test in addition to the provisions of § SPS 382.21, Wis.
Adm. Code, is necessary, he/she may require a water or air test on
all or part of the installation.
C.
Applications and permits.[1]
(1)
Application. No plumbing shall be installed in the City without first
filing an application and receiving a permit. This shall apply to
any building located outside the limits of the City before such building
may be connected to the City sewer or water system. Each application
shall be approved by the Building Inspector before a permit to install
plumbing may be issued. Only licensed master plumbers may receive
such permits, except that a permit may be issued to a property owner
to install plumbing in a single-family residence which is owned and
occupied by such owner as his/her home and after such property owner
signs a cautionary statement.
(2)
Permit. A permit shall be applied for and received before excavating in any street, alley or other public way to repair, alter or install plumbing. A charge shall be made for such permit, and the applicant shall furnish a bond when street excavations are involved, pursuant to Article II of Chapter 435, Streets and Sidewalks, of this Code of Ordinances.
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 Wisconsin Department of Safety and Professional
Services 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
Wisconsin Department of Safety and Professional Services. The data,
tests and other evidence necessary to prove the merits of such material,
method of construction or device shall be determined by the Wisconsin
Department of Safety and Professional Services.
Whenever the Building Inspector or Common Council finds any
building or part thereof within the City of New Lisbon to be, in his
or its judgment, so old, dilapidated or out of repair as to be dangerous,
unsafe, unsanitary or otherwise unfit for human occupancy or use and
so that it would be unreasonable to repair the same, the Building
Inspector or Common Council 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 City of New Lisbon. The inspections
and the reports and findings issued after the inspections are not
intended as, nor are they to be construed as, a guarantee. In order
to so advise owners and other interested persons, the following disclaimer
shall be applicable to all inspections under this chapter: "These
findings of inspection contained herein are intended to report conditions
of noncompliance with code standards that are readily apparent at
the time of inspection. The inspection does not involve a detailed
examination of the mechanical systems or the closed structural and
nonstructural elements of the building and premises. No warranty of
the operation, use or durability of equipment and materials not specifically
cited herein is expressed or implied."
A.
ATTACHED PRIVATE GARAGE
DETACHED PRIVATE GARAGE
ONE-HOUR FIRE-RESISTIVE CONSTRUCTION
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A private garage attached directly to the principal building
or attached by means of an enclosed or open breezeway, porch, or terrace,
or a private garage so constructed as to form an integral part of
the principal building.
A private garage entirely separated from the principal building.
Construction which shall include the following assemblies
and materials:
B.
Location.
(1)
Unless otherwise regulated under applicable zoning, detached garages
of wood frame construction shall be located not less than 10 feet
from any residence building, except that such distance may be reduced
to not less than five feet when the interior walls of such garage
adjacent to a residence building are protected with not less than
one-hour fire-resistive construction.
(2)
Garages of masonry wall construction shall not be located less than
five feet from any residence building.
C.
Footings and foundations.
(2)
Attached garages. Attached private garages shall be provided with
the same type footings and foundations as required herein for the
principal building.
(3)
Floor surface. The floor in all private garages shall be of concrete
construction. No openings or pits in the floor shall be permitted,
except for drainage.
D.
Construction.
(1)
All private garages. Private garages shall be constructed as follows:
(a)
Load-bearing foundation walls and piers, masonry walls, and
partitions shall be constructed as regulated herein except as stated
above.
(b)
Detached private garages of wood frame construction shall be
constructed with the following minimum requirements:
[1]
Studs may have a maximum spacing of 24 inches on centers.
[2]
Diagonal corner bracing may be applied on the inside surface
of studs.
[3]
Corner posts may consist of two two-inch by four-inch studs
or a single four-inch by four-inch stud.
[4]
Horizontal bracing and collar beams may be two inches by six
inches with a maximum spacing of four feet on centers.
(c)
Attached private garages shall be of the same type of construction
as that of the principal building and as further regulated in this
code.
(2)
Attached private garages. Private garages may be attached to or made
a part of residence buildings when in compliance with the following
regulations:
(a)
All walls in common with a principal building on the attached
private garage shall be of not less than one-hour fire-resistive construction
on garage interior.
(b)
An attached private garage may have a door connecting directly
into the principal building, provided that the floor of that garage
is at least eight inches below the floor of such principal building.
Such door shall be a self-closing metal-clad door or solid wood door
not less than 1 3/4 inches in thickness.
A.
Demolition permit required. All persons who demolish or cause to
be demolished any structure or part of a structure larger than 400
square feet within the City of New Lisbon shall apply for and obtain
a demolition permit from the Building Inspector prior to undertaking
any steps to demolish the structure.
B.
Application.
(1)
An
application for a permit to demolish all or part of a building shall
include the following information:
(a)
The name and address of the owner of the building on date of
application and, if different, on date of demolition;
(b)
The name, address and telephone number of the contractor(s)
performing the demolition work;
(c)
The date upon which demolition is to commence;
(d)
The date by which demolition shall be complete;
(e)
A list of all hazardous waste and hazardous and toxic substances
(as defined by Ch. NR 661, Wis. Adm. Code, as amended from time to
time) contained in the building, a statement as to whether the building
contains asbestos [as defined by § 254.11(1), Wis. Stats.],
and a detailed description of the method to be used in removing, transporting
and disposing of any hazardous waste, hazardous and toxic substances,
and asbestos;
(f)
A detailed description of how and where the waste materials
resulting from the demolition will be transported and disposed of
(including a description of the route to be used by trucks in hauling
the waste);
(g)
A description of the method of demolition to be used; and
(h)
A description in detail of all methods to be used to prevent
water runoff and soil erosion from the site to neighboring properties
and to prevent releasing unreasonable amounts of dust from the site.
(2)
Along
with the application for permit for demolition, the applicant shall
present a release from all utilities serving the property, stating
that their respective service connections and appurtenant equipment,
such as meters and regulators, have been removed or sealed and plugged
in a safe manner.
C.
Demolition. The demolition shall be conducted in a manner that is
safe and that does not adversely affect the environment.
D.
Clearing and leveling the site.
(1)
The site of any demolition shall be properly cleared of debris, rubbish
and pavement and shall be properly graded and leveled to conform to
the adjoining grade of the neighboring property, and when so graded
and leveled, the site shall be seeded, sodded or treated in some other
manner acceptable to the Building Inspector so as to prevent blowing
dust, dirt, or sand. Excavations remaining after demolition shall
be filled, graded and leveled off not later than 30 consecutive days
after demolition is completed.
(2)
Excavations from demolished buildings or structures shall not be
filled with any materials subject to deterioration. The Building Inspector,
upon notification by the permit holder, the owner or his/her agent,
in writing and upon forms provided by the Building Inspector for that
purpose, shall within 72 hours inspect each excavation, or part thereof,
before filling any excavation.
(3)
It shall be unlawful to fill any such excavation without inspection
and approval of the Building Inspector. Voids in filled excavations
shall not be permitted. In the event of the unavailability of the
Building Inspector to conduct an inspection within 72 hours after
written notice, the permit holder, owner or his/her agent may retain
the services of a certified, qualified municipal inspection service
to obtain an opinion that approves filling of the excavation. Said
opinion shall be deemed a sufficient approval by the City, provided
that a written copy of the opinion is delivered to the City at least
48 hours before filling of the excavation commences.
E.
Removal and disposal. Removal, transportation and disposal of all
hazardous waste, hazardous and toxic substances, and asbestos shall
be conducted in compliance with all applicable state, federal and
local statutes, ordinances and regulations. The permit holder shall
give the Building Inspector 72 hours' written notice prior to any
removal, transportation or disposal of hazardous waste, hazardous
and toxic substances, and asbestos.
F.
Miscellaneous provisions.
(1)
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.
(2)
Razing permits shall lapse and be void unless the work authorized
thereby is commenced within six months from the date thereof and completed
within 30 days from the date of commencement of said work. Any unfinished
portion of work remaining beyond the required 30 days must have special
approval from the Building Inspector.
(3)
All debris must be hauled away at the end of each week for the work
that was done that week. 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.
(4)
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.
(5)
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.
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 (including for sewer and water lateral
excavations) 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
before workers leave the job site.
C.
Closing of abandoned excavations. Any excavation for building purposes
or any uncovered foundation which shall remain open for more than
60 days 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. 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 Common Council from the date of the report by the Building
Inspector on the cost thereof, pursuant to the provisions of § 66.0627,
Wis. Stats.[1]
D.
Fill dirt. Fill dirt used at a site shall be graded within four weeks.
A.
Discharge. No person shall cause, allow or permit any roof drain,
surface drain, subsoil drain, drain from any mechanical device, gutter,
ditch, pipe, conduit, sump pump or any other object or thing used
for the purpose of collecting, conducting, transporting, diverting,
draining or discharging clear water from any part of any private premises
owned or occupied by said person to discharge into a sanitary sewer.
B.
Nuisance. The discharge into a sanitary sewer from any roof drain,
surface drain, subsoil drain, drain from any mechanical device, gutter,
ditch, pipe, conduit, sump pump or any other object or thing used
for the purpose of collecting, conducting, transporting, diverting,
draining or discharging clear water from any part of any private premises
is hereby declared to be a public nuisance and a hazard to the health,
safety and well-being of the residents of the City and to the protection
of the property.
C.
Groundwater. Where deemed necessary by the Building Inspector, every
house shall have a sump pump installed for the purpose of discharging
clear waters from foundation drains and ground infiltration and where
the building is not serviced by a storm sewer shall either discharge
into an underground conduit leading to a drainage ditch, gutter, or
dry well or shall discharge onto the ground surface in such other
manner as will not constitute a nuisance as defined herein.
D.
Stormwater. All roof drains, surface drains, drains from any mechanical
device, gutters, pipes, conduits or any other objects or things used
for the purpose of collecting, conducting, transporting, diverting,
draining or discharging stormwaters shall be discharged either to
a storm sewer, a dry well, an underground conduit leading to a drainage
ditch or onto the ground surface in such other manner as will not
constitute a nuisance as defined herein.
E.
Sump pump discharge.
(1)
All sump pumps installed for the purpose of discharging clear water
from foundation drains, basement drains and ground infiltration shall,
within 60 days of installation, discharge into a storm sewer wherever
available. Storm sewers shall be considered available:
(2)
Storm sewers shall not be considered available in existing streets
with storm sewers until such time as sewer laterals are installed.
If no storm sewer is available, sump pumps shall discharge into an
underground conduit leading to a drainage ditch, gutter, or dry well
or onto the ground at a point which is not less than three feet from
the building and is above permanent grade.
(3)
No sump discharge shall be allowed to flow on or across a public
sidewalk. Sump discharge shall be directed to flow to the backyard
in all cases commencing November 15 and continuing until April 15
each year.
(4)
The provisions contained herein shall be in addition to those required
and imposed by the State Plumbing Code, Chs. SPS 381 to 387, Wis.
Adm. Code, and Ch. 145, Wis. Stats., and shall not amend or alter
the provisions therein except insofar as is necessary for the application
and enforcement of this subsection.
F.
Storm sewer lateral. Where municipal storm sewers are provided and
it is deemed necessary by the property owner and/or the City to discharge
clear waters from a parcel of land, a storm sewer lateral shall be
installed and connected to the storm sewer main at the expense of
the owner.[1]
G.
Conducting tests. If the Building Inspector or his/her designated
agent suspects an illegal clear water discharge as defined by this
chapter or by any other applicable provision of the Wisconsin Administrative
Code as it may, from time to time, be amended, he/she may, upon reasonable
notice and at reasonable times, enter the private premises where such
illegal clear water discharge is suspected and conduct appropriate
tests to determine whether such suspected illegal clear water discharge
actually exists.
A.
A duplex structure shall be allowed a common water service to the
curb stop, but each unit of said duplex shall have a separate outside
curb stop for the purpose of shutting water off in one unit without
disturbing the second unit.
B.
Structures over two units, if metered separately, shall also have
individual outside curb stops for the purpose of shutting water off
in one unit without disturbing other units.
C.
A common sewer service can be used for duplex and multiple-unit structures
from the sewer main to the structure.
A.
General requirements.
(1)
No person shall move any building or structure greater than 200 square
feet upon any of the public ways of the City of New Lisbon 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, the conditions to be complied with and shall
limit the time during which said moving operations shall be continued.
(2)
A report shall be made by City employees with regard to possible
damage to trees. The estimated cost of trimming, removal and replacement
of public trees, as determined by the City, shall be paid to the City
prior to issuance of the moving permit.
(3)
Issuance of moving permit shall further be conditioned on approval
of the moving route by the Common Council.
B.
Moving damaged buildings. No building shall be repaired, altered
or moved within or into the City that has deteriorated or has been
damaged by any cause (including such moving and separation from its
foundation and service connections in case of moved buildings) to
50% or more of its equalized value, and no permit shall be granted
to repair, alter or move such building within or into the City. Furthermore,
if the equalized assessed value of the building is not within 20%
of the surrounding buildings where the building is proposed to be
moved to, no permit shall be granted unless the building is improved
to be within the 20%. Such determination shall be made by the Building
Inspector, who may seek a recommendation from the City Assessor.
C.
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 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.
D.
Street repair. Every person receiving a permit to move a building
shall, within one day after said building reaches its destination,
report that fact to the Building Inspector, who shall inspect the
streets, highways and curbs and gutters over which said building has
been moved and ascertain their condition. If the removal of said 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 said
permittee to do so within 10 days thereafter to the satisfaction of
the Common Council, the City shall repair the damage done to such
streets and hold the person obtaining such permit and the sureties
on his/her bond responsible for the payment of the same.
E.
Conformance with code. No permit shall be issued to move a building
within or into the City and to establish it upon a location within
said City 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 said 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/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 said Building Code. In the event that
a building is to be moved from the City 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.
F.
Bond.
(1)
Before a permit is issued to move any building over any public way
in the City, the party applying therefor shall give a bond to the
City of New Lisbon in a sum to be fixed by the Building Inspector
and which shall not be less than $50,000, said bond to be executed
by a corporate surety or two personal sureties to be approved by the
Common Council or designated agent conditioned upon, among other things,
the indemnification of the City 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 City 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 F(1) 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.
G.
Insurance. The Building Inspector shall require, in addition to said
bond above indicated, public liability insurance covering injury to
one person in the sum of not less than $500,000 and, for one accident,
aggregate not less than $1,000,000, together with property damage
insurance in a sum not less than $500,000, or such other coverage
as deemed necessary.
H.
Common Council approval.
(1)
No such permit shall be issued unless it has been found as a fact by the Common Council 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 said 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 plans 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 the zoning ordinances of the City or any ordinance amendatory thereof or supplementary thereto as to cause a substantial depreciation of the property values of said neighborhood within said applicable district. In case the applicant proposes to alter the exterior of said building after moving the same, he/she shall submit, with his/her application papers, complete plans and specifications for the proposed alterations. Before a permit shall be issued for a building to be moved and altered, the applicant shall give a cash bond to the Common Council, which shall not be less than $50,000, to be executed in the manner provided in Subsection F hereof to the effect that he/she will, within a time to be set by the Common Council, complete the proposed exterior alterations to said building in the manner set forth in his/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 City. No certificate of occupancy shall be issued for said building until the exterior alterations proposed to be made have been completed.[2]
(2)
Upon application being made to the Building Inspector, he/she shall request a meeting of the Common Council to consider application for moving permits which he/she has found comply, in all respects, with all other ordinances of the City. The Common Council 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, give 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 Common Council shall, in writing, make or refuse to make the finding required by Subsection H(1) hereof.
City streets are to be kept clean of dirt and debris from all construction sites. The primary contractor for any construction project shall be responsible for sweeping streets of debris within 24 hours of the incident. The City of New Lisbon will clean said street(s) if the work is not done within 24 hours of the incident and charge the current established costs to the contractor for the work. Failure to pay said costs within 30 days of receipt of the billing shall be deemed a violation of this section and be subject to the penalty provisions of § 1-4 of this Code.
No building hereafter constructed or altered into a dwelling
shall be occupied in whole or in part for human habitation until the
issuance of a certificate by the Building Inspector affirming that
such dwelling conforms in all respects to the requirements of this
chapter. Such certificate shall be applied for coincidentally with
the application for a building permit and shall be issued not more
than 10 days after the lawful erection or alteration is complete and
final inspection has been made. This section may be modified at the
direction of the Building Inspector.
Fees for permits under this chapter shall be established by
resolution of the Common Council.
If any section, clause, provision or portion of this chapter,
or of the Wisconsin Administrative Code adopted by reference, is adjudged
unconstitutional or invalid by a court of competent jurisdiction,
the remaining provisions shall not be affected.
A.
Any building or structure hereafter erected, enlarged, altered or repaired or any use hereafter established in violation of the provisions of this chapter shall be deemed an unlawful building, structure or use. The Building Inspector shall promptly report all such violations to the City Clerk-Treasurer, 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 of buildings in violation of this chapter or to cause such building, structure or use to be removed, and such violation may also be subject to a penalty as provided in § 1-4 of this Code of Ordinances. 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 or other City officials constitute a defense. Compliance with the provisions of this chapter may also be enforced by injunctional order at the suit of the owner or owners of any real estate within the jurisdiction of this chapter.[1]
B.
Notice of violation.
(1)
If an inspection reveals a noncompliance with this chapter or the
Uniform Dwelling Code, the Building Inspector shall notify the applicant
and the owner, in writing, of the violation to be corrected. All cited
violations shall be corrected within 30 days after written notification
unless an extension of time is granted pursuant to § SPS
320.21, Wis. Adm. Code.
(2)
If, after written notification, the violation is not corrected within
30 days, a stop-work order may be served on the owner or his 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 that the cited violation has been corrected.
(3)
Each day each violation continues after the thirty-day written notice
period has run shall constitute a separate offense. Nothing in this
chapter shall preclude the City from maintaining any appropriate action
to prevent or remove a violation of any provision of this chapter
or the Uniform Dwelling Code.
C.
If any construction or work governed by the provisions of this chapter
or the Uniform Dwelling Code is commenced prior to the issuance of
a permit, double fees shall be charged.
D.
Any person feeling aggrieved by an order or a determination of the
Building Inspector may appeal from such order or determination to
the Zoning Board of Appeals. Those procedures customarily used to
effectuate an appeal to the Zoning Board of Appeals shall apply.
E.
Except as may otherwise be provided by statute or ordinance, no officer,
agent or employee of the City of New Lisbon charged with the enforcement
of this chapter shall render himself/herself personally liable for
any damage that may accrue to persons or property as a result of any
act required or permitted in the discharge of his/her duties under
this chapter. Any suit brought against any officer, agent or employee
of the City as a result of any act required or permitted in the discharge
of his/her duties under this chapter shall be defended by the legal
representative of the City until the final determination of the proceedings
therein.
