[HISTORY: Adopted by the Town Board of the Town of Oconomowoc
as Sec. 14.01 of the 1986 Town Code. Amendments noted where applicable.]
A.
Title. This chapter shall be known as the "One- and Two-Family Dwelling
Code" of the Town.
B.
Purpose. The purpose and intent of this chapter are to:
(1)
Exercise jurisdiction over the construction and inspection of new
one- and two-family dwellings.
(2)
Provide plan review and on-site inspections for one- and two-family
dwellings by inspectors certified by the Department of Safety and
Professional Services.
(3)
Establish and collect fees to defray administrative and enforcement
costs.
(4)
Establish remedies and penalties for violations.
(5)
Establish use of the Wisconsin Uniform Building Permit as prescribed
by the Department of Safety and Professional Services.
The Wisconsin Uniform Building Code, prepared by the Building
Inspector's Association of Southeastern Wisconsin, with all amendments
and revisions thereto, is adopted by reference and made a part of
this chapter as though set forth in full. This section shall apply
to existing buildings or the addition, alteration or repair thereof
and to all construction, demolition or moving of existing buildings
not within the scope of the Wisconsin Uniform Dwelling Code.
The Administrative Code provisions describing and defining regulations
with respect to one- and two-family dwellings in Chs. Comm 20 through
25, Wis. Adm. Code, whose effective dates are generally June 1, 1980,
are hereby adopted and by reference made a part of this chapter as
if fully set forth herein. Any act required to be performed or prohibited
by an Administrative Code provision incorporated herein by reference
is required or prohibited by this 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 Town.
A copy of these Administrative Code provisions and any future amendments
shall be kept on file in the Town Clerk's office.
As used in this chapter, the following terms shall have the
meanings indicated:
- ADDITION
- New construction performed on a dwelling which increases the outside dimensions of the dwelling.
- ALTERATION
- A substantial change or modification, other than an addition or minor repair to a dwelling or to systems involved within a dwelling.
- DEPARTMENT
- The Department of Safety and Professional Services.
- DWELLING
- Any building, the initial construction of which is commenced on or after the effective date of this chapter, which contains one or two dwelling units.
- MINOR REPAIR
- Repair performed for maintenance or replacement purposes on any existing one- or two-family dwelling which does not affect room arrangement, light and ventilation, access to or efficiency of any 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.
- ONE- OR TWO-FAMILY DWELLING
- A building 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.
- PERSON
- An individual, partnership, firm or corporation.
- UNIFORM DWELLING CODE
- Those provisions, and any future amendments, revisions or modifications, contained in the following chapters of the Wisconsin Administrative Code:
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Comm 20
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Administration and Enforcement
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Comm 21
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Construction Standards
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Comm 22
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Energy Conservation
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Comm 23
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Heating, Ventilating and Air Conditioning
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Comm 24
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Electrical Standards
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Comm 25
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Plumbing
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For the purpose of administering and enforcing the provisions of this chapter and the Uniform Dwelling Code, the Town shall establish the office of Building Inspector, which shall be filled by that method prescribed under § 108-6.
A.
Creation and appointment. The Building Inspector shall be appointed
by the Chairman, subject to confirmation by the Town Board. The Building
Inspector shall be certified for inspection purposes by the Department
in each of the categories specified under the Wisconsin Administrative
Code, including plumbing.
B.
Duties. The Building Inspector shall administer and enforce all provisions
of this chapter and the Uniform Dwelling Code and the Town Building
Code.
C.
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 agent while in the performance of
his duties.
D.
Records. The Building Inspector shall perform all administrative
tasks required by the Department under the Uniform Dwelling Code.
The Building Inspector shall make a written annual report to the Town
Board.
A.
Building permits required. No one- or two-family dwelling for which
initial construction shall be commenced after May 31, 1980, shall
be built, enlarged, altered or repaired unless a building permit for
that work shall first be obtained by the owner, or his agent, from
the Building Inspector. Application for a building permit shall be
made in writing upon the form, designated as the "Wisconsin Uniform
Dwelling Permit Application," furnished by the Department.
B.
Submission of plans. The applicant shall submit two sets of plans
for all new one- and two-family dwellings at the time that the building
permit application is filed.
C.
Issuance of permit. If the Building Inspector finds that the proposed
building complies with all Town ordinances and the Uniform Dwelling
Code, the Inspector shall officially approve the application and a
building permit shall be subsequently issued to the applicant. The
issued building permit shall be posted in a conspicuous place at the
building site. A copy of any issued building permit shall be kept
on file with the Building Inspector.
D.
Cash bond deposits required with application. In order to qualify
for approval of a building permit for construction of a new home,
the application therefor shall be accompanied by a cash deposit in
the amount of $2,000. This deposit shall be retained by the Town Treasurer
until an occupancy permit for the unit is issued.
[Added 6-20-1988; amended 8-7-2000; 12-15-2008]
(1)
The
cash guarantee of $1,000 shall be released only upon fulfillment of
the following conditions:
(a)
The subject building or any part of a subject building has not
been occupied until a certificate of occupancy has been issued.
(b)
The issuance of an occupancy permit.
(c)
A Building Inspector's certificate that no party had occupied
the premises by moving in any furniture or personal belongings or
had in any way occupied the premises as a tenant or owner.
(d)
An affidavit by the permittee that he has complied with this
chapter and that no party has moved in prior to the issuance of the
occupancy permit.
(2)
The provisions of Subsection D(1)(a) through (d) shall apply to multifamily buildings, except that the Building Inspector may require a deposit of $2,000 per unit. The entire deposit shall be forfeited if any unit in the building is occupied before the issuance of an occupancy permit. The provisions of Subsection D(1)(a) through (d) shall apply to additions to or remodeling of single-family residences exceeding an estimated cost of $10,000, except that the deposit shall be in the amount of $500. The entire deposit shall be forfeited if the addition to the single-family residence is occupied before the issuance of an occupancy permit or if that part of the single-family residence being remodeled becomes uninhabitable during the remodeling and is then occupied before the issuance of an occupancy permit.
[Amended 2-5-1990]
(3)
Upon receipt of the required certificates and/or affidavits, the
Clerk shall attach them to a voucher to be signed by the permittee
as a request for refund of the deposit. Any charges (i.e., road damage
due to construction, reinspection fees, etc.) will be deducted from
the deposit and the refund of the balance will be made to the permittee.
(4)
In the event that an occupancy permit is not issued and an extension
is not applied for within six months after the expiration date of
the building permit, the entire deposit is forfeited. Forfeiture of
any such deposit is not a license to occupy the premises contrary
to this chapter.
E.
Subsection D shall apply to commercial buildings as well as residences, and the cash bond for commercial buildings shall be $2,000.
[Added 8-7-2000; amended 12-15-2008]
F.
Construction times. Activities regulated by the Town of Oconomowoc
Building Code shall be conducted in a manner that minimizes the noise
and other adverse impacts upon surrounding properties, consistent
with the rural character of the Town of Oconomowoc. This obligation
includes, but is not limited to, limiting the conduct of activities
to the following times, unless otherwise authorized by the Town Building
Inspector or Town Administrator: The activities shall not commence
before 7:00 a.m. on weekdays (Monday through Friday) and 8:00 a.m.
on Saturdays and Sundays; the activities shall not continue beyond
7:00 p.m. on weekdays, and 5:00 p.m. on Saturdays and Sundays.
[Added 7-20-2009 by Ord. No. 2009-3]
[Amended 8-7-2000]
For permits under the Uniform Dwelling Code, the owner or his
agent shall pay to the Town the building permit and inspection fees
as are from time to time established by resolution of the Town Board.
A.
No person shall erect, use, occupy or maintain any one- or two-family
dwelling in violation of any provision of this chapter or the Uniform
Dwelling Code or cause or permit any such violation to be committed.
B.
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 violations to be corrected. All
cited violations shall be corrected within 30 days after written notification
unless an extension of time is granted pursuant to § Comm
20.21(3), Wis. Adm. Code.
C.
If, after written notification, the violation is not corrected within
30 days, a stop-work order may be served on the owner or his or her
representative and a copy thereof shall be posted at the construction
site. Such stop-work order shall not be removed except by written
notice of the Building Inspector after satisfactory evidence has been
supplied that the cited violation has been corrected.
D.
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 Town from maintaining any appropriate action
to prevent or remove a violation of any provision of this chapter
or the Uniform Dwelling Code.
E.
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, quadruple fees shall be charged.
[Amended 3-1-2010 by Ord. No. 2010-2]
Any person aggrieved by an order or a determination of the Building
Inspector may appeal from such order or determination to the Town
Board. Those procedures customarily used to effectuate an appeal under
the Town Zoning Code to the Zoning Board of Appeals shall apply (Waukesha
County Zoning Ordinance).
This chapter shall not be construed as an assumption of liability
by the Town for damages because of injuries sustained or property
destroyed by any defect in any dwelling or equipment.
