Town of Milton, WI
Rock County
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[HISTORY: Adopted by the Town Board of the Town of Milton 11-26-1973 by Ord. No. 45; amended in its entirety 8-17-2020 by Ord. No. 2020-3. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Building Code of the Town of Milton" 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 use of materials in buildings and/or structures hereafter erected, constructed, enlarged, altered, repaired, moved, converted to other uses or demolished, and regulates the equipment and 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 or the general public.
A. 
New buildings hereafter erected in, or any building hereafter moved within or into, the Town of Milton shall conform to all requirements of this code, except as they are herein specifically exempted from part or all its provisions.
B. 
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" for the purpose of this code whenever it is used for dwelling, commercial, or industrial purposes, unless it was used for such purpose at the time this code was enacted.
C. 
The provisions of this code supplement the laws of the State of Wisconsin pertaining to construction and use the County Zoning Ordinance of Rock County, Wisconsin, and amendments thereto to this date, and in no way supersede or nullify such laws and ordinances.
D. 
The following chapters of the Wisconsin Administrative Code, as well as all subsequent revisions, are adopted by the Town of Milton and shall be enforced by the Building Inspector:
§ SPS 302.31
Plan Review Fee Schedule
§ SPS 305
Credentials
§ SPS 316
Electrical Code
§§ SPS 320 through 325
Uniform Dwelling Code
§ SPS 327
Campgrounds
§§ SPS 361 through 366
Commercial Building Code
§§ SPS 375 through 379
Buildings Constructed Prior to 1914
§§ SPS 381 through 387
Uniform Plumbing Code
The Town has adopted the certified municipality status as described in § SPS 361.60, Wis. Adm. Code.
A. 
Responsibilities. The Town shall assume the following responsibilities for the Department of Safety and Professional Services (Department):
(1) 
Provide inspection of commercial buildings with certified commercial building inspectors.
(2) 
Provide plan examination of commercial buildings with certified commercial building inspectors.
B. 
Plan examination. Drawings, specifications, and calculations for all the types of buildings and structures, except state-owned buildings and structures, to be constructed within the limits of the municipality shall be submitted, if the plans are for any of the following:
(1) 
A new building or structure containing less than 50,000 cubic feet of total volume.
(2) 
An addition to a building or structure where the area of the addition results in the entire building or structure containing less than 50,000 cubic feet of total volume.
(3) 
An addition containing no more than 2,500 square feet of total floor area and no more than one floor level, provided the largest roof span does not exceed 18 feet and the exterior wall height does not exceed 12 feet.
(4) 
An alteration of a space involving less than 100,000 cubic feet of total volume.
(5) 
A certified municipality may waive its jurisdiction for the plan review of a specific project or types of projects, or components thereof, in which case plans and specifications shall be submitted to the Department for review and approval.
(6) 
The Department may waive its jurisdiction for the plan review of a specific project, where agreed to by a certified municipality, in which case plans and specifications shall be submitted to the certified municipality for review and approval.
C. 
Plan submission procedures. All commercial buildings, structures, and alterations, including new buildings and additions less than 25,000 cubic feet, require plan submission as follows:
(1) 
Building permit application.
(2) 
Application for review: SBD-118.
(a) 
Fees per Table SPS 302.31-2 and § SPS 302.31, Wis. Adm. Code.
(b) 
Fees apply to all commercial projects.
(3) 
Four sets of plans.
(a) 
Signed and sealed per § SPS 361.31, Wis. Adm. Code.
(b) 
One set of specifications.
(c) 
Component and system plans.
(d) 
Calculations showing code compliance.
A. 
Creation and appointment. There is hereby created the office of Building Inspector. The Building Inspector shall be appointed by the Town Board of the Town of Milton. The Building Inspector shall be certified for inspection purposes by the Department in the required categories specific under Ch. SPS 305, Wis. Adm. Code.
B. 
Assistants. The Building Inspector may employ, assign, or appoint, as necessary, assistant inspectors. Any assistant hired to inspect buildings shall be certified as defined in Ch. SPS 305, Wis. Adm. Code, by the Department.
C. 
Duties. The Building Inspector shall administer and enforce all provisions of this chapter.
D. 
Powers. The Building Inspector or an authorized certified agent of the Building Inspector may, at all reasonable hours, enter upon any public or private premises for inspection purposes. The Building Inspector may require the production of the permit for any building, plumbing, electrical, or heat work. No person shall interfere with or refuse to permit access to any such premises to the Inspector or his/her agent while in the performance of his/her duties. In the event that the Inspector is refused access to any such premises, then the Inspector is authorized to apply for a special inspection warrant pursuant to § 66.0119, Wis. Stats.
No owner or contractor may commence construction of any building or mechanical system prior to obtaining a valid permit from the Building Inspector.
A. 
The construction which shall require a building permit includes, but is not limited to:
(1) 
New one- and two-family and commercial buildings, including agricultural buildings, detached structures (decks), and detached accessory buildings.
(2) 
Additions increasing the physical dimensions of a building, including decks.
(3) 
Alterations to the building structure; cost shall include market labor value or alterations to the building's heating, electrical, or plumbing systems.
(4) 
Replacement of major building equipment, including furnaces and central air conditioners, water heaters, and any other major piece of equipment, shall require a permit, except as noted below.
(5) 
Any electrical wiring for new construction or remodeling, excluding new wiring for existing industrial and manufacturing facilities that do not require state-mandated building plan review.
(6) 
Any HVAC for new construction or remodeling.
(7) 
Any plumbing for new construction or remodeling.
(8) 
Any new or rewired electrical service, including services for agricultural buildings.
B. 
All fees shall be paid to the building inspector. All fees paid for permits shall be retained by the Town of Milton and shall not be refunded if a permit application is disapproved.
C. 
A building permit shall lapse and be void unless building operations are commenced within one year from the date of issuance.
D. 
If the Building Inspector shall find at any time that applicable ordinances, laws, orders, plans, and specifications are not being complied with, and the holder of the permit refuses to conform after a written warning or instruction has been issued to the holder of the permit, the Building Inspector shall revoke the building 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, excepting such work as the Building Inspector may order to be done as a condition precedent to the reissuance of the permit, or as the Building Inspector may require for the preservation of human life and safety.
E. 
It shall be the duty of all police officers or other Town officers to report at once to the Building Inspector any building which is being carried on without a permit as required by this chapter.
F. 
The Building Inspector shall keep a record of all permits, fees, and inspections under this chapter and shall make an annual report thereon to the Town Board.
A. 
Whenever the Building Inspector finds any building or part thereof within the Town of Milton 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, so that it would be unreasonable to repair the same, he shall order the owner to raze and remove at the owner's option. Such order and proceedings shall be carried out in the manner prescribed for the razing of buildings in § 66.0413, Wis. Stats.
B. 
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 Town in an action against the owner or tenant.
A. 
Bond required. Before any building is moved within or into the Town of Milton, a permit must be obtained first from the Building Inspector. Before a permit to move any building is granted by the Building Inspector, the party applying shall give a bond in the sum of $2,000 and sufficient sureties to be approved by the Town Board, conditioned among other things, and that said party will save and indemnify judgments, costs and expenses which may accrue in any way against the Town and will save the Town harmless against all liabilities, judgments, costs and expenses in consequence of granting such a permit.
B. 
Contents of permit; regulations. 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 removal of a building shall be continuous during all hours of the day and day by day, and at night, if the Building Inspector shall so order, until completed with the least possible obstruction to the thoroughfare. Lighted lanterns shall be kept in conspicuous places at each end of the building during the night.
C. 
Inspection of streets and highways and repair. 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 conditions. If the removal of said building has been the cause of 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, 10 days thereafter, to the satisfaction of the Building Inspector, the Town Board 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 same.
D. 
Permit fees. Before the Building Inspector shall issue a permit to move a building, he shall collect a fee which shall be set by resolution of the Town Board. This fee shall be in addition to all other fees provided for in this chapter.
Any buildings or structures shall be located as allowed within the zoned district. Any variances to this requirement shall be reviewed for approval by application to the Town's Board of Adjustment, and, in the event the landowner is not satisfied with the Town's order, he shall have 30 days therefrom to appeal the decision to the Town Board.
State code applies.
A. 
Any person, firm or corporation violating any provisions of this chapter shall, upon conviction thereof, forfeit not less than $10 nor more than $100 and the costs of prosecution and, in default of payment of such fine and costs, shall be imprisoned in the county jail until payment of such forfeiture and costs of prosecution, but not exceeding 30 days for each violation; each day of violation 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.
B. 
Compliance with the requirements of this chapter is necessary to promote the safety, health, and well-being of the community and the owners, occupants, and frequenters of buildings. Therefore, violations of this chapter shall constitute a public nuisance that may be enjoined in a civil action.
This chapter shall not be construed as assuming any liability on the part of the Town or any official or employee thereof for damages to anyone injured or for any property destroyed by a defect in any building or equipment or in any plumbing or electric wiring or equipment.